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

CALENDAR OF

STATE PAPERS

COLONIAL SERIES

AMERICA AND WEST INDIES

Preserved in the Public Kecord Office

VOL. XLIV

1738

EDITED BY

K. G. DAVIES

LONDON
HER MAJESTY'S STATIONERY OFFICE

1969

Pat.

SEN ii 440010 S

Printed in England for Her Majesty's Stationery Office
by J. Looker Ltd., Poole, Dorset

CONTENTS

PREFACE

INTRODUCTION

LIST OF RECORDS USED IN THE PREPARATION OF THIS VOLUME
ABBREVIATIONS USED FOR OTHER PUBLICATIONS MENTIONED .

CALENDAR

APPENDICES

GENERAL INDEX .

PAGE

iv
v

xiv

xvii

278
293

111

PREFACE

THE entire volume, introduction, text and index is the work of Professor
K. G. Davies, M.A., who holds the Chair of History at Bristol University.

PUBLIC RECORD OFFICE,

May, 1 969

INTRODUCTION

This volume contains 570 principal abstracts and a further 226 documents which are
enclosures to correspondence. More than one-third- 211 -of the principal abstracts
are from the archives of the Trustees for Georgia, though only 1 5 of the enclosures
come from that source. The explanation is as follows: Georgia at this time had no
governor but instead a number of officers whose relationship to one other was not
always perfectly clear- ist, 2nd and 3rd bailiffs at Savannah, recorder, surveyor, sec-
retary for the Trust's affairs in Georgia, etc. In royal provinces most official matters
were communicated to the Secretary of State and the Lords Commissioners of Trade and
Plantations, either by the governor in his own words, or through him in the form of
enclosures to his letters. In the case of Georgia, however, all the principal officials in
the colony corresponded directly with the Trustees in London. Papers from Georgia
which, if from another province, would have been sent to Britain as enclosures (or not at
all) therefore appear in this Calendar as principal abstracts. Another peculiarity of the
infant-colony of Georgia was that many matters, which in an established province were
largely or wholly private business, remained under the surveillance of the Trustees:
such were the cultivation of land, importation of servants, education, religion, food-
supply etc. This is why the Georgia records occupy a predominant position in the
Calendar at this date. In due course the predominance will disappear.

Adding together principal abstracts and enclosures there are 796 documents in the
present volume (which covers the year 1738), compared to 1009 in Vol. XLIII for 1737,
a reduction of the order of one-fifth. For this reduction, there is no obvious explanation.
In view of growing fears of a war with Spain in the West Indies and America, more
rather than fewer documents might have been expected to originate in the colonies,
particularly in danger-spots such as Georgia, Jamaica and the Leewards. Yet the
number of principal abstracts from the Georgia archives falls from 277 in 1737 to 211
in 1738, while Governor Mathew's letters from the Leeward Islands decline from 19 to
17. Letters from the governor of Jamaica, it is true, rise from 12 to 23 but this more
reflects the arrival of Governor Edward Trelawny in the island than any increase in
business regarding Spain.

Nor does there seem to be an administrative explanation for the reduction in the
number of documents surviving from the year 1738. At first sight, one might suppose
that the departure of Alured Popple from the secretaryship of the Com-
missioners of Trade and Plantations, and his replacement by Thomas Hill,
provided a clue: Popple in the first nine months of 1737 signed 51 letters, Hill only 20
in the whole of 1738. But this is balanced by a corresponding rise in the number of
letters signed by the Commissioners corporately: from 53 in 1737 to 82 in 1738. All
that seems to have happened here is that Hill signed a smaller proportion, and the
Commissioners a larger proportion, of the letters leaving their office. The out-letters
of the Secretary of State fell slightly, from 18 in 1737 to 13 in 1738; on the other hand,
his in-letters rose from 79 to 82. There were 33 Orders of the Privy Council on colonial
matters in Vol. XLIII ; in the present volume, 5 5 . We must therefore conclude that the

reduction in the total number of documents in 1738, if it signifies anything, does not
denote any marked relaxation on the part of central colonial institutions.

Although most volumes in this series contain some material on every British pro-
vince, the greater part of the contents is provided by a fairly small number of colonies.
In the present volume, Georgia, Jamaica, the Leeward Islands, Massachusetts, New
York and South Carolina are the principal suppliers of papers. A second group - the
Bahamas, Barbados, Bermuda, Newfoundland, New Hampshire, New Jersey, North
Carolina, Nova Scotia and Virginia - was in fairly regular correspondence with the
British government but the intervals between letters might stretch to several months:
Governor Johnston of North Carolina, for example, wrote only two letters in 1738. In
any given volume, one of these colonies may for exceptional reasons furnish an unusual
number of papers, for example Bermuda in 1738, following the arrival of Governor
Popple. The number of letters in ensuing years may in such cases be expected to fall,
either because the governor has nothing fresh to say or for some other reason. There
are 1 3 letters signed by Governor Gooch in Vol. XLI for 1734-3 5 ; only 4 in the present
volume. Finally, there were four Colonies, Connecticut, Maryland, Pennsylvania and
Rhode Island, with which the Secretary of State and the Commissioners of Trade
and Plantations seldom communicated.

The methods used in compiling this volume of the Calendar are those described in
the Introduction (pp. vi-vii) to Vol. XLIII for 1737. The index, 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. 295-6.

In the year 1738 Parliament devoted far more time to colonial business than in 1736
or 1737. Extended enquiry was made into the manufacture of iron in the Plantations
with a view to estimating possible effects on the British industry : the Commissioners of
Customs were required to produce statistics of imports and exports of iron, and petitions
were received by the House of Commons from several interested parties (L.F. Stock,
Proceedings and Debates of the British Parliaments respecting North America, Carnegie
Institute of Washington, Washington, D.C., 1937, Vol. IV, 430-439 etc.). The colonies
were also concerned in Parliamentary proceedings on the British linen industry, retarded
(so it was alleged) by the competition of foreign goods in colonial markets. Scottish
linen-makers proposed that the drawback granted on foreign linens imported to Britain
and re-exported to the Plantations should be discontinued. Counter-petitions were
heard from mercantile interests, including the Merchant Adventurers; and no further
action was taken in this session (Stock, IV, 446, etc.). Another matter in which Parlia-
ment interested itself was the negotiation (in 1733-34) for purchase by the Crown of the
rights of the proprietors of the Bahamas. The outcome was an address to the King on
1 8 May 1738 to complete the purchase, and an offer from the Commons to make good
the cost (Stock, IV, 575 , 605-8). The colony of Georgia received a subsidy of 8,000 in
1738, 12,000 less than in the previous year (Stock, IV, 421). This reduction reflects
the transfer of responsibility for the defence of the colony from the Trustees to the
public, implied by the dispatch of Oglethorpe's regiment: the grant for 1738 was for
civil purposes only.

All these matters must be considered as parts of the routine government of an
extensive North American and Caribbean empire, promoted (in a somewhat haphazard
fashion) from discussion and decision at the administrative level to debate by the legis-

lature. Other colonial problems were equally (or more) deserving of Parliamentary
time but received none in 1738: currency, for example. The matter which dominated
the proceedings of Parliament in this year, however, was far from an issue of routine ; it
was brought before the two Houses in ways the reverse of haphazard ; and in the course
of 1738 it assumed the appearance of an ever-increasing threat both to peace and to the
stability of Sir Robert Walpole's Ministry. This was of course the problem of Anglo-
Spanish relations and the tension created by the arrival in Britain of news of the opera-
tions of Spanish guardacostas in the Caribbean. The purpose of this Introduction is, as
briefly as possible, to key proceedings in Parliament on this subject to the documents
contained in the Calendar and to show to what uses some of these documents were put.
In the Introduction to Vol. XLIII (p. viii) notice was taken of the number of British
ships seized or detained by the Spaniards in the second half of 1736 and in 1737. The
total could not be perfectly established, owing to the anonymity of certain vessels
reported as taken, but it is clear that Spanish operations in that period have the appear-
ance of a new departure or at least of a revival of policies formerly pursued but laid aside
or relaxed in the mid-i73o's. In 1738 there is evidence of the continuation of an active
Spanish policy towards British shipping in the Caribbean but the number of seizures
reported is well below that in Vol. XLIII. The following is a list of all new captures or
detentions noticed in the present volume :

Date of Capture No. of Document

14 April 2471

29 June 4971. j66i

summer or early
autumn

before 6 August
before 6 August

497,

566

Ship
Success of London, Ignatius Semmes, master

Sarah of Bristol, Jason Vaughan, master
Union of Jamaica, Henry Bennet, master

497!, 5 66i Loyal Betty or Isabel, George Waine, master

497!, 5 66i James of Jamaica

References in this volume to other ships taken by the Spaniards, the Anne, Dispatch,
George, Loyal Charles, Prince William, St. James and Woolball, all concern captures effected
in 1737 or earlier: the Woolball, for instance was taken in 1731.

Of the five new cases in 1738, two may be deemed of minor importance, though the
circumstances of both are somewhat mysterious. The Loyal Betty and the James were
vessels in the service of the South Sea Company: they were not boarded at sea but
detained in the port of Havana. Both appear to have been released within a fairly short
time. In a letter to Governor Trelawny of Jamaica, dated 29 November (N.S.), the
governor of Havana stated that the Lqya/ Betty had been arrested in the belief that war
had already been declared at Jamaica, an incidental indication of the nervous situation
in the Caribbean: he promised that this ship would shortly be released (No. 566!). In
the same letter, the detention of the James was attributed to 'the standing rules of the
Spanish American ports', an explanation which Trelawny may not have found particu-
larly illuminating. The Loyal Betty was probably released at once; the James was certainly
released, and indeed carried the abovementioned letter from Havana to Jamaica. Both

Vll

cases came in due course to the attention of the House of Lords - on 26 February 1739 -
with the production of a letter from Anthony Weltden, the South Sea Company's
factor at Havana (Stock, IV, 680). Possibly they helped to swell the volume of complaint
both in and out of Parliament, but they seem not to have been taken very seriously.
There is, for example, no reference to them by name in the reported Parliamentary
debates.

Thus the number of British ships seized and held for condemnation in the period
covered by the present volume is reduced to three ; and the circumstances in which one
of these three was taken were such as strongly to indicate an intention to engage in illicit
trade. This was the case of the Union. The date of her capture is uncertain : probably it
was in the late summer or early autumn of 1738, in any event well before 6 November
when the affair first appears in this volume (No. 497). She was taken four days out
from Jamaica, and was according to Trelawny 'undoubtedly bound on an illicit trade'.
Despite the facts that the ship had neither anchored nor broken bulk nor come within five
leagues of the Spanish coast, evidence of intention seems to have satisfied the Spaniards.
The Union was taken to Havana and there deemed lawful prize on the master's confession
(No. 566!). That such a confession was forthcoming is likely enough: by 30 December
Governor Trelawny had examined the vessel's supercargo who admitted that his orders
had been to trade on the Spanish coast, but protested that he had not actually done so,
and that at the moment of capture he was 'no nearer the Spanish coast than where the
pilots of the country owned he might have been driven to' (No. 566). Trelawny's letter
of 6 November (though not his letter of 30 December) was produced in the Lords on
26 February 1739, but the case of the Union, like the cases of the Loyal Betty and James,
seems not to have been pressed in Parliament. Probably critics of the ministry took the
view that it would be profitless to argue a weak case when there were other stronger
ones.

As manifested in the documents in the present volume, the seizure in 1738 of two
other ships, the Success and the Sarah, gave better grounds for protest, though it is to be
noted that both vessels belonged to leading British ports - Success to London, Sarah to
Bristol - from which strongly pressed complaints might be expected. Both cases
received a good deal of public attention. The Sarah was discussed in Parliament, both
because of the long imprisonment of her master and because her seizure raised some of
the general principles at issue : what exactly constituted produce of the Spanish colonies,
whether inclusion in a cargo of any product (such as sugar) produced in any part of
Spanish America gave credible grounds for confiscation, whether Spanish silver coins
(which in many British and French colonies were common currency) were contraband,
etc. (Stock, IV, 724, speech of Earl of Chesterfield, i March 1739). The Success was also
the subject of Parliamentary interest and achieved the distinction of special mention in
the Convention of Pardo (signed in January, 1739) between Spain and Great Britain.
The King of Spain thereby promised to accept the award of the plenipotentiaries of the
two crowns regarding the restitution of the Success or her equivalent value, provided the
owners gave security to abide by that award (Stock, IV, 656).

The circumstances of the seizure of these two ships can be approximately reconstruc-
ted from the documents in this volume and from parliamentary records. The Sarah was
taken on 29 June 1738 in passage from Jamaica to Bristol, and if the facts alleged in the
British case are correct she had shipped her Caribbean cargo from Jamaica, not from any
Spanish colony. According to her owners, the Sarah after clearing from Jamaica had
tried for 17 days to beat to windward, i.e. to make the Windward Passage between
Cuba and St. Domingue. In the end she was forced to steer northwards through the Gulf
of Florida: it was here, about 150 miles west of Cuba, that she was taken, with a cargo

valued by her owners at 9,000. The present volume gives no hint of the Spanish
pretext: the governor of Havana, writing of other seizures, merely stated that the
guardacosta concerned was a ship of the Barlovento squadron and the matter therefore
out of his jurisdiction (No. }66i). We learn from another source that the Sarah was taken
to Havana and there condemned as prize, her master and crew being carried prisoners to
Old Spain (Stock, IV, 669).

This capture of a British ship, far from land and carrying what might prove to be an
exclusively Jamaican cargo, provoked angry protests. The owners (four Bristol men -
George Packer, Richard Farr, Thomas Ross, Thomas Roach - only the second of whom
appears in this volume, and that in another connexion) petitioned the House of Commons
on 26 February 1739 (Stock, IV, 669). Trelawny's letter of 6 November (No. 497) was,
as already stated, produced in the Lords; on 27 February 1739 tne mate an d one of the
crew of the Sarah attended the Lords to give evidence ; and on the same occasion, one of
the owners attended to testify that the master, Jason Vaughan, was still a prisoner in
Spain (Stock, IV, 684). In debates in the Lords on i March and in the Commons on
8-9 March 1739, reference to the Sarah or her master was made by Lord Carteret, Lord
Chesterfield, William Pitt and Sir William Wyndham, all four being Opposition speakers
(Stock, IV, 703, 724, 774, 787). From Pitt and Wyndham, we learn that Captain Vaug-
han had by then been released and was back in England.

Four of the British ships taken in 1737, the St. James, Loyal Charles, George and
Dispatch, were, like the Sarah in 1738, engaged in trade to or from Jamaica. From that
colony's geographical position it is obvious that the brunt of a Spanish campaign against
British shipping would fall upon her. In the first place, the Caribbean winds gave to
ships clearing from Jamaica an unattractive choice between the Windward Passage and
the Gulf of Florida, both within easy cruising range of Havana. And, secondly, Jamaica
was beyond doubt the best sited British colony from which to engage in the illicit trade
the Spaniards wanted to stop. Nevertheless, it must not be inferred that the shipping of
the Outer Antilles was immune. The case of the Hopewell in 1737 shows Puerto Rico
being used as a base for guardacostas interfering with the trade of the Eastern Caribbean.
In the present volume this interference is illustrated by the case of the Success, taken five
days out of Antigua whence she had sailed for Maryland with a cargo which her owners
valued at 10,000. The date of capture, it is virtually certain,was 14 April 1738, despite
a protest by Ignatius Semmes, the master, which appears to be dated '23 March 1737'
i.e. 1737/8 (Stock, IV, 660); 14 April is the date given in the present volume (No. 247!)
and it is also the date given in the Convention of Pardo (Stock, IV, 656). The crew,
according to the master's statement, were turned adrift in their longboat eight leagues
from the Desert Island Passage and got ashore at the Danish island of St. Thomas.

The owners of the Success petitioned the King on 18 July 1738, and a copy of this
petition was amongst the papers laid before the House of Lords on 26 February 1739
(Stock, IV, 679). By then, the terms of the Convention of Pardo were known, including
the reference of the case of the Success to determination by plenipotentiaries. The Con-
vention also named a number of other ships which appeared in Vol. XLIII and which are
mentioned in Vol. XLIV, the Loyal Charles, Dispatch, George, Prince William and St.
James, that is to say, most of the principal prizes taken by the Spaniards in 1737. The
value of these vessels was included in the sum of reparations for which Spain, albeit in
a roundabout way, acknowledged liability (Stock, IV, 655).

It is no matter for surprise that British colonial documents throw little light on
whatever justification the Spaniards may have had for their actions. Owners, captains
and shippers of goods in British vessels presented themselves as innocent victims of
unlawful force, irrationally applied : as indeed some of them were. Three documents in

this volume point in a somewhat different direction. Two have already been mentioned,
Governor Trelawny's letters of 6 November (No. 497) and 30 December (No. 566), in
which the unlawful intention of the Union was clearly stated. The third document is a
letter from Governor William Mathew of the Leewards, dated 26 May 1738, where,
apropos the Success, we learn that two years earlier a pirate from St. Christopher's had
plundered a Spanish ship off Puerto Rico and murdered the crew and passengers, including
six friars (No. 247). The commander of the gua rdacosta which took Success was said to be
the brother of one of the victims of this atrocity (No. 247!). On a different topic, but
one that is relevant to the friction between Britain and Spain, attention should be given
to a statement in this volume by Colonel Martin Bladen, one of the Lords Commis-
sioners of Trade and Plantations. This concerns the dispute between Britain and Spain
over logwood-cutting in Campeachy Bay. 'It is certainly one of those things' wrote
Bladen 'we can never give up and yet I am afraid we can have no title to it. The mer-
chants say we have, and in representations to be communicated to the court of Spain, as
a commissioner of trade I say so too' (No. 114). Better than most, these words en-
capsulate the Anglo-Spanish impasse.

In the Introduction to Vol. XLIII contrast was drawn between the magnitude of
the operations of the guardacostas and the little attention given by Parliament to that
subject in 1737. The explanation is of course that Parliamentary sessions occupied the
first four or five months of each year and were over before news of that year's events
could reach this country. In 1738, accordingly, Parliament was occupied with old cases
such as the Woolball and with cases which had occurred in the period covered by the last
volume and had only lately come to notice. It is not until the session of 1739 tnat tne
affairs of the Sarah and the Success received Parliamentary attention.

In the journals of Parliament and in the imperfect reconstructions of Parliamentary
debates, the matter of the Spanish seizures and detentions of British ships and goods can
be seen arising in four ways : the reception of petitions ; the personal appearance of wit-
nesses ; calls for papers ; and finally in debates, which might occur upon the presentation
of petitions or reports from committees, or follow the introduction of a bill or
resolution.

Petitions to Parliament are not normally to be found in the classes of records com-
prehended within this Calendar. Georgia provides an exception, copies of the annual
petition to the House of Commons for a grant of money being preserved in the archives
of the Trustees, e.g. No. 1 30 in Vol. XLIII and No. 67 in Vol. XLIV of the Calendar.
It was not unknown for petitioners to address both King and Parliament in the same or
similar terms, and in such cases (though not in all) the petition to the King might be
referred to the Commissioners of Trade and Plantations, and so enter the colonial group
of records. Broadly speaking, however, the parliamentary and administrative records
complement rather than duplicate each other. During the sessions of 1738, petitions
were presented to Parliament regarding the manufacture of iron in the Plantations, the
entry of foreign linens into colonial markets, and the trade in fish from American waters
to the Mediterranean. Seven petitions arose from Spanish depredations. Of these seven,
three were from cities interested in the colonial trade (Bristol, Glasgow and Liverpool),
and three from owners of British vessels taken as long ago as 1728, 1729 and 1730;
for petitions concerning ships taken in 1737 it is necessary to go forward to the parlia-
mentary session of 1739. The most important on this subject in the period covered by
this volume was a general petition by 'divers merchants, planters, and others, trading to,
and interested in, the British plantations in America, on behalf of themselves, and many
others', delivered to the Commons on 3 March 1738 (Stock, IV, 353-5). This is com-
parable to the memorial to the Duke of Newcastle in the present volume (No. 55), and

to the memorial of 13 October 1737 signed by 15 1 persons (Vol. XLIII, No. 540).

The appearance in Parliament of witnesses giving evidence on colonial matters is
is harder to trace. On 16 March 1738, for example, Alderman Perry reported to the
Commons that his committee had examined several witnesses, but no names are given
in the Journal (Stock, IV, 430). This session is notable for the order of 16 March to
Captain Robert Jenkins to attend the Commons immediately (Stock, IV, 426, 430), he
being the earless (or supposedly so) master of the Rebecca, taken in 1731. On 24 April
the Lords required the attendance of Captains Way, Delamotte and Kinselagh (Stock,
IV, 519), all masters of ships appearing in the list of Spanish captures given in the
Introduction to Vol. XLIII of this Calendar. More personal appearances were made in
the session of 1739, some being of witnesses to events reported in the present volume:
on 27 February the Lords heard no fewer than eleven witnesses including three con-
cerned in the Sarah (Stock, IV, 683-4).

The examination of witnesses, called to amplify petitions already presented, was one
way of obtaining first-hand information. Calling for official (and other) papers was
another, and in some respects a more effective device. In the sessions of 1738 and 1739
frequent and comprehensive calls were made for papers relating to the Spanish question,
by no means all of them being colonial documents in the modern sense. The negotia-
tions between Britain and Spain through our ambassador and other representatives at
Madrid were directed by the Secretary of State for the Southern Department - the
Duke of Newcastle - who was also responsible for the Plantations. Parliament wanted
information both about the negotiations at Madrid and about the facts and allegations
reaching Newcastle from the colonies : that is, they wanted 'Foreign Office' as well as
'Colonial Office' records. The connexion between Newcastle's two responsibilities - for
colonial government and for diplomacy in Southern Europe - is illustrated by a number
of colonial papers coming into his office in 1737 and 1738 which were copied and sent
on to Madrid. Such papers were endorsed to this effect and can be traced in the indexes
to Vols. XLIII and XLIV of this Calendar, under the name of Benjamin Keene, the
British ambassador in Spain.

Parliament did not stop at the Secretary's papers. Several times in 1738 - and more
frequently in 1739 - Admiralty papers were demanded, a reminder that there are to-day
many records in that group which add to the information in the Colonial Calendar.
Officers of the Royal Navy, who were closely concerned with the protection of trade in
the Plantations, were apt to be uncommunicative to the governor of the colony in which
they were stationed. More than one colonial official might have echoed the words
of President Gregory of Jamaica : 'I have heard it is ticklish meddling with the Navy'
(Vol. XLIII, No. 4). We cannot assume that governors who reported to Newcastle or
to the Commissioners of Trade and Plantations were in possession of all the facts which
naval officers were reporting directly to the Admiralty. Other boards and offices supply-
ing papers to Parliament in 1738 were the Commissioners of Trade and Plantations,
the Office of Ordnance and the Council Office (see No. 100); and many documents were
required from and produced by the South Sea Company. Sometimes Parliament reques-
ted particular named papers, as on 24 April 1738 when the Lords called for the affidavit
of Captain Benjamin Way (Stock, IV, 514; not in the Calendar for 1737 or 1738). More
often the summons was for all papers on a particular topic. Sometimes ministers success-
fully resisted the Opposition's demands, pleading the delicacy of current negotiations ;
more often they acceded.

Calls for papers made in 1738 and 1739 can ^ e followed in Parliamentary Journals.
The following is a list of the documents in Vols. XLIII and XLIV of this Calendar
which are recorded in the Journals as having been produced :

Vol. XLIII

No. of Document

Where Produced

Date of Production

Commons

21 March 1738

2oi

do.

339

do.

395

do.

15 March 1738

395i

do.

19 February 1739

408

do.

15 March 1738

408!

do.

481

do.

481!

do.

540

do.

595i

do.

19 February 1739

595"

do.

614

do.

9 March 1738

616

do.

Vol. XLIV

No. of Document

Where Produced

Date of Production

Commons

15 March 1738

243

Lords

i March 1739

497

Commons

19 February 1739

do.

Lords

26 February 1739

49?i

Commons

19 February 1739

do.

Lords

26 February 1739

Xll

Finally, there were Parliamentary debates on the Spanish question, which in 1738
arose from the presentation of petitions, from reports of committees thereon, from
addresses for papers, and from the introduction and reading of a bill (which did not
pass) 'for the more effectual securing and encouraging the trade of his Majesty's British
subjects to America' (Stock, IV, 564). Reports of Parliamentary debates of this period
are highly imperfect. From those that have been collected it appears that the Commons
debated the Spanish question on five days in the session of 1738, 3 March, 28 March,
5 May, 8 May and 15 May; and that the Lords debated the matter once, on 2 May.
There were some references to Spanish intentions in America in another debate, on
3 February, on the supply for the army. In all, Parliament discussed Spain a great deal
in 1738, and even more in 1739. ^ * s not tne function of this Introduction to comment
on the arguments urged in these debates, but it may be said that they reflect some at
least of the attitudes of colonial correspondents in this Calendar.

Georgia, though commonly regarded as supplying part of the explanation of the
war which began in 1739, received little attention from Parliament in 1738 beyond the
grant of 8,000 to support the expenses of settlement. No progress was made towards
agreement on the Florida - Georgia (or as the Spaniards preferred it, Florida - Carolina)
border question: the Convention of Pardo of January 1739 merely remitted the matter
to plenipotentiaries with an undertaking by both sides not to increase their fortifications
there. Before the Convention had been signed, however, the military situation on this
border had been altered by the arrival in Georgia in mid-September of the main party of
Oglethorpe's regiment, with Oglethorpe himself in command (Nos. 456, 460). Formerly,
the Spanish troops at St. Augustine could have been opposed only by Georgia and South
Carolina militia. Oglethorpe's troubles - and Georgia's apprehensions - were prolonged
by disaffection in the regiment (Nos. 504, 509-10) and by a financial crisis in the affairs
of the colony; but it is nevertheless true that the balance of force on the only frontier
common to Britain and Spain (Gibraltar excepted) had been decisively changed.

List of Records
from which this volume has been compiled

America and West Indies :

Original Correspondence, Secretary of State, 1733-48 ... ... .0.5/5

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

Entry Book of Commissions and Instructions, 1738 ... ... ... C.O. 5/197

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

North Carolina :

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

Entry Books of Commissions, Instructions, etc., 1730-54 ... ... C.O. 5/323

South Carolina :

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

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

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 /6 5 4

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, 1737-45 ... ... ... ... C.O. 5/687

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

New England:

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

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

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 c.o. 5/917

Original Correspondence, Secretary of State, 1738-44 C.O. 5/932

xiv

New Jersey :
Original Correspondence, Board of Trade, 1734-43 ... ... ... .0.5/973

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

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

Entry Book of Commissions, Instructions, Board of Trade Corres-
pondence, 1738-55 C.O. 5/997

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

New York:

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 Corres-
pondence, 1735-48 C.O. 5/1126

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

Shipping Returns, 1735-52 C.O. 5/1226

Pennsylvania'.

Original Correspondence, Secretary of State, 1690-1767 C.O. 5/1233

Proprieties :

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

Entry Book of Commissions, Instructions, Board of Trade Corres-
pondence, 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 Corres-
pondence, 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, 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

Barbados :

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 C.O. 33/16

Bermuda :

Original Correspondence, Board of Trade, 1737-40 CO. 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, 1738-51 C.O. 41/7

Jamaica'.

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

Original Correspondence, Board of Trade, 1738-43 C.O. 137/23

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 ... ... ... ... ... ... ... C.O. 138/18

~Leeward Islands :

Original Correspondence, Board of Trade, 1736-40 ... ... ... C.O. 152/23

Original Correspondence, Secretary of State, 1721-49 C.O. 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 C.O. 1 94/ 1 o

Miscellaneous Papers, 1720-93 ... ... ... ... ... ... C.O. 194/21

Original Correspondence, Secretary of State, 1706-45 C.O. 194/24

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

Nova Scotia:

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

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 C.O. 323/10

Colonies, General'.

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

Entry Book of Grants and Warrants, 1 7 3 6-49 C.O. 3 24! 3 7

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

of Land, 1728- j i C.O. 324/50

xvi

Publications mentioned in this volume are abbreviated as follows :
A.P.C. (Colonial Series) Acts of Privy Council, Colonial Series

Cat. S.P. Col. Calendar of State Papers, Colonial, America and West

Indies

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

Candler

Stock L. F. Stock, Proceedings and Debates of the British Parlia-

ments respecting North America

xvn

COLONIAL PAPERS

1 William Shirley to Duke of Newcastle. I take the liberty to trouble

January 2. you with my request that if Mr. Pemberton the present Naval Officer
for the province, should be displaced I may succeed him. The reason
of my asking this post of you is that Mr. Lyde, son-in-law to Governor Belcher, who
was Mr. Pemberton' s immediate predecessor in it by the governor's appointment and
was removed from that post to let Mr. Pemberton in, embarked a few days ago from
this place for England in order to get Mr. Pemberton removed and to regain the post
upon an assurance which Mr. Holden of the Bank (who has been for some time soliciting
Sir Robert Walpole for this post in favour of the governor) has lately given H.E. in a
letter (which he has showed me in order to prevent my application to you for it) that
Sir Robert told him he believed he should give Mr. Lyde the post again in a little time;
and thereupon Mr. Holden advised the governor to send Mr. Lyde over to solicit for it
in person, and he is accordingly gone furnished with proof that Mr. Pemberton obtained
the post by an imposition and deceit upon the ministry. Now it seems not improbable
that Mr. Pemberton may be dropped upon his being detected in his false pretence of
losses unjustly sustained in the French trade, upon the sole merit of which and to re-
imburse himself he got (as I am informed) Sir Robert Walpole's recommendation of him
to you for this post without any personal interest or other pretence of merit, and
especially since he has more than reimbursed himself his supposed losses by the enjoy-
ment of his post, I thought it might possibly afford an opening for me to your favour
by means of which I already stand recommended to H.M. for some post in the Customs
in America within which description the post of Naval Officer comes and is consistent
with discharging my duty as advocate-general in this and the two neighbouring pro-
vinces. As to Mr. Lyde who is gone to England with a complaint of hardship in being
removed from the Naval Office, I can assure you that he has not suffered by the loss of
that post, the governor having upon his being displaced given him the post of clerk of
the inferior court of Common Pleas for the county of Suffolk in this province which is
equal if not superior in profit to the Naval Office and which, H.E. tells me, he is to
resign in favour of H.E.'s eldest son here in case he can procure the Naval Office again;
otherwise he is to hold it on. The reason why I trouble you with a detail of such minute
circumstances is to prevent any misrepresentation from Mr. Lyde of hardship or suf-
ferings sustained by him in the loss of the Naval Office, which it is the chief occasion
of his voyage home to endeavour to raise.

I would beg leave to trespass a little further upon you whilst I just mention that
Governor Belcher, notwithstanding the Naval Office in other colonies as well as this
has been disposed of and filled up by the crown, insists upon the disposal of it here as
his right and perquisite and tells me he is determined at all events, let who will oppose
him, to recover it by means of Sir Robert Walpole with whom he insists to me the
appointment to this post on the part of the crown solely rests ; and further to prevent

1 XLIV

2 STATE PAPERS COLONIAL [2

my application to you for it, threatens me with his displeasure if I do, and tells me, if I
should succeed, he shall be very troublesome to me. And I mention this only as a
foundation for me to beg the favour of you, in case you should think proper to confer
this post upon me, that the grant may be during good behaviour or (if that is too great
a favour for me to ask) during my holding the post of H.M.'s advocate-general, for my
services in which I stand recommended to H.M. for some post of profit, that I may not
be left in a situation which may expose me to the ill-usage of this or any future governor,
and as your favour and patronage are my greatest honour as well as my chief dependance
for the comfortable support and wellbeing of my family, I beg your continuance of them
to me. Signed. *>\ small/)/). [C.O. 5, 899, Jos. 323-324^.]

2 Certificate by Governor Richard Fitzwilliam that the following
January 5. accounts were examined, passed in council and sworn to by William

Stewart, receiver-general and treasurer. Account of duty inwards imposed by Act of
assembly in the Bahama Islands, midsummer 1737-Christmas 1737. 10 ships. Duty:
jo/. 148. Account of same outwards for same period. 23 ships. Duty: 967. 4.1-. Account
of arrears of taxes for same period : i4/. 1 1 s. -jd. Account of contingent charges for same
period: 62/. zs. ^\d. Account of H.M.'s revenues in the Bahamas for same period.
Receipts: 447/. 9^. io\d. including balance from last account of 2867. os. ^d. Disburse-
ments: 1 3 1/. 6.r. A,\d. Balance remaining: 3i6/. 3-r. 6d. Signed, William Stewart. Certified
by Richard Fitzwilliam. 5 pp. Endorsed, Reed, from Governor Fitzwilliam 9 January,
Read 18 January 1738/9. [CO. 23, 4,fos. 51-54^.]

3 Harman Verelst to Thomas Causton. There were shipped on the
January 6. Amey two boxes for the Salzburghers at Ebenezer and on the L.ightfoot

ravesen . twQ cas j cs f or wmj am Rigden at Savannah which will be delivered to
you. The mate's receipt for the first Col. Cochran has, being shipped with copper
halfpence for the regiment, and for the two casks the quartermaster has the mate's
receipt. Rev. Mr. Whitefield on board the Whitaker with Mr. Tolly and Mr. Habersham,
his assistants, are going to Frederica; his said assistants are for instructing the children,
and when Mr. De La Motte shall go to England to see his friends one of them will
supply his absence. Mr. Tolly and Mr. Habersham are to be supplied for one year with
provisions [particulars given}. Joseph Husbands, Mr. Whitefield's servant, and John
Doble, servant to Mr. Charles Wesley, are each to be supplied for one year with provi-
sions [particulars given}. As to what provisions Mr. Whitefield may want, you are desired
to supply him with them at prime cost and place it to his account; and to communicate
the foregoing to the storekeeper at Frederica. Entry, i p. [C.O. 5, 66j,Jo. 52.]

4 Same to same, informing him of the arrangements for subsistence of
January 6. Mr. Whitefield, Mr. Habersham, Mr. Tolly, Husbands and Doble, in

their passage to Georgia. Entry. \p. [C.O. 5, 667, jo. 52d.]

5 Duke of Newcastle to Governor William Mathew enclosing copies of
January 7. letter from Commissioners of Customs and of memorial of Mr.

Arbuthnot, their collector in Antigua, setting forth his great difficulties
in getting possession of certain lands in Tortola which he purchased of the crown, the
same having been seized by extent towards satisfying a debt to the crown from the late
collector. You are to give the most effectual orders and best assistance, according to law,
to Mr. Arbuthnot for being admitted to possession. Entry, f p. Enclosed*

5. i. Custom House, London, 10 December 1737. Commissioners of Customs

9] AMERICA AND WEST INDIES 1738 3

to Duke of Newcastle asking for orders to be issued to put Mr. Arbuthnot in pos-
session of lands in Tortola. Entry. Signatories, Robert Corbet, J. Evelyn, Robert
Baylis, R. Chandler, i p.

5. ii. London, 7 December 1737. Petition of Robert Arbuthnot to Commis-
sioners of Customs setting forth the difficulties of his case. There is no court of
justice in Tortola. Entry. 3 pp. [CO. 324, 37, pp. 103-107; draft and copies in
CO. 1 5 2, 44, fos. 126-131^.]

6 Thomas Hawkins to Harman Verelst enclosing for the Trustees an
January 10. invoice of drugs necessary for the several persons employed in their

service in this southern division of Georgia. I have but few drugs
that are of use here, having had great demands of late. I have been very sparing in the
quantity, having found a great decay in the quality of medicines by keeping them
(though but a short time). Please inform the Trustees that I have lost but two patients
at Darien since my last to you, notwithstanding scarce one has escaped an illness and
many yet remain in a doubtful way. The people at St. Andrew's are much better and
we have none ill at Frederica. Signed, i p. [CO. 5, 640, jo. 38.]

7 Minutes of meeting of Trustees for Georgia. Read letter from William
January 11. Stephens of 26 October 1737, Charleston, giving an account of his

Palace Court. safe ^^ there ^ p ^ Q j f 6 8 7 , /. j 5 .]

8 Harman Verelst to Thomas Causton by Whi taker, Capt. Whiting.
January 11. The Trustees have sent you sola bills for 26507. since August 1737 for

Georgia Office. ^ sup piy o f ^ co i O ny to Lady Day next. They have received the
following certified accounts since 14 December last which these sola bills would have
answered, vizt. (dates when certified) 15 July 1737, David Provoost, for provisions,
43/. i6s. 4</.; 10 August, Thomas Ware, for provisions, 226/. 4*. yd.; 20 September,
James Searle, for pettiaugua hire, 6z/. ijs. id.; 28 September, Benjamin Appelbe, for
provisions, 1387. I2J-. nd. ; 29 September, William Vanderspiegel, for provisions,
2937. 3J-. nd.; 2 October, Capt. James Macpherson, for pay of rangers at Ft. Argyll,
4257. oj 1 . 4d.; 4 October, Samuel Montaigut & Co., for provisions, i66/. $s. lid.; 14
October, Capt. Aeneas Mackintosh, for pay etc. at Ft. St. George and expenses for
Indians, 221 7. los. 6d.; 17 October 1737, Robert Ellis, for provisions, 3847. js. lod.
Total, 19617. 17-f. id. They have therefore sent back the said certified accounts to be
paid by you in Georgia, for the Trustees having appropriated money to answer their
sola bills cannot apply it in any other manner. They therefore give you notice thereof
that you may reserve sola bills for that purpose. No more bills of parcels or certified
accounts for provisions or necessaries bought in the colony or for money due or to
grow due there will be paid in England. All expenses and charges of the colony in
America must be defrayed with the Trustees' sola bills to be issued there and must be
limited to the amount of such bills from time to time as they shall be sent. Entry. 1 1 pp.
[CO. 5,667,/w. 5^-53-1

9 Council of Trade and Plantations to the King, recommending John
January 11. Rindge to succeed Benjamin Gamlin, deceased, as member of the

council of New Hampshire. Entry. Signatories, James Brudenell,
Monson, R. Plumer, T. Pelham. i p. [CO. 5, 917, fa. 106; draft in CO. 5, 896, fos.
92-9 3</.]

4 STATE PAPERS COLONIAL [lO

10 Order of King in Council, approving draft commission to Alured
January 12. Popple to be governor of the Bermuda Islands with alteration of title

to governor as proposed in representation of Council of Trade and
Plantations of 25 October 1737. Signed, W. Sharpe. Seal. i\pp. Enclosed,

10. i. Commission to Alured Popple to be governor of the Bermuda Islands.
Draft. 21 pp. [CO. 5, 197, fos. $-i6d.; copy of order in .0.37, 13, Jos. 45, 45^, 49,
49*1

11 Same, approving an Act made in New York in 1734 for the partition
January 12. of land in Duchess County granted to Sampson Broughton and others.

s>s> Copy, certified by W. Sharpe. i\pp. Endorsed, Reed. 28 March, Read
13 April 1738. [CO. 5, io59,/<?j. 4>, 4^, 44, 44*]

12 Same, approving report from Committee for Plantation Affairs and
January 12. drafts of instructions for Edward Trelawny, governor of Jamaica.
St. James s. ^ names of Edward Charlton, Henry Dawkins, William Gordon

and Temple Laws are omitted from the list of councillors, they having lately withdrawn
therefrom. The governor is to enquire into this matter and is empowered to reinstate
the four members. The name of John Stewart is inserted in the list of councillors in
place of William Needham, resigned. The other instructions appear to be the same as
those given to the late governor except the i3th article of instructions relating to trade
and navigation inserted at the request of the Commissioners of Customs. Signed, W.
Sharpe. Seal. i\ pp. Enclosed,

12. i. Additional instruction for Governor Trelawny to enquire into taxes on
Jews. See No. 14. Draft. i\pp.

12. ii. General instructions for the same. Draft. 63 pp.

12. iii. Instructions for the same relating to trade and navigation. Draft. 31 pp.
[CO. 5, 196, fos. 2$4-2.%6d; copy of order, endorsed Reed. 28 March, Read 13 April
1738 in CO. 137, 22,/oj. 182-184^.]

13 Same, on a report from Committee for Plantation Affairs, confirming
January 12. an Act passed in Jamaica in May 1736 for introducing white people
St. James's. ^to ^ island Q^ certified by W. Sharpe. \\pp. Endorsed, Reed.

28 March, Read 13 April 1738. [CO. 137, ^^,jos. 185-186^.]

14 Same, approving report of Committee for Plantation Affairs [see
January 12. A.P.C., Colonial Series, 1720-45, pp. 487-488] on a petition against

t. James s. extraordinary taxes laid upon the Jews in Jamaica. Governor Trelawny
is to enquire into the matter and in the meantime not to give his assent to any such laws.
The following additional instruction is approved. Copy, certified by W. Sharpe. 2^ pp.
Endorsed, Reed. 28 March, Read 13 April 1738. Enclosed,

14. i. Additional instruction mentioned in the order. Draft. \\pp. [CO. 137, 22,
fos. 177-179^.] [Order, signed by W. Sharpe and sealed, in CO.}, 196, fos. 291-292^.]

15 Same, approving an Act passed in Virginia in October 1734 for
January 12. docking the entail of certain lands in the counties of Gloucester and
St. James s. Elizabeth Gty and vesting the same in Henry Wills. Copy, certified by

W. Sharpe. i^pp. Endorsed, Reed. 28 March, Read 13 April 1738. [CO. 5, 13 24, /<?.;.
123-124^.]

l8] AMERICA AND WEST INDIES 1738 5

16 Same, approving draft instructions for the Earl of Albemarle, governor
January 12. o f Virginia. The instructions are conformable to those to other

governors except leaving out the i4th article relating to salary of
assemblymen, the same being settled by an Act passed in Virginia in 1730. Signed,
W. Sharpe. Seal. 2 pp. Enclosed,

1 6. i. Instructions for Earl of Albemarle, governor of Virginia. Draft. 68 pp.
1 6. ii. Instructions to the same relating to trade and navigation. Draft. $zpp.
[CO. 5, i96,/<w. 1 62-2 1 -jd; copy of order, endorsed Reed. 28 March, Read 13 April
1738 in CO. 5, 1324, Jos. 126, iz6d, 130, 130^.]

17 Governor of Havana to President of Jamaica, replying to letter of 5
January 12. December last concerning English vessels taken by gwrdacostas. In that

act no hostility has been committed for by the affidavit and process
thereon (which I have transmitted to the king of Spain) appears sufficient cause for their
capture by the actual transgression in which they were found of having a part of their
cargoes of Campeachy wood, a trade only belonging to the subjects of the Spanish king
and the royal asiento, and to no other. I am sorry you should do me so little honour to
propose the pacific and amicable restitution of the ships with their crews, cargoes and
damages, rather than oblige you to use violence in return for violence. In this you
entertain an opinion and give for granted what there is no ground for nor could my
honour allow of. The question being now sent to the king, I can do nothing to release
the ships until I received orders. I have received no answer to a letter of two years past
concerning a lieutenant of a perriagua at Manzanillo who was handed over by an English
captain to a Dutch frigate and there whipped to death and thrown overboard. The
captains and crews of English ships taken as prizes were put on board the ships Fuerte
and Conception at their own requests and sailed for Europe in November last. They were
used here with all regard. Copy, of translation. i\ pp. Endorsed, copy sent to Mr. Keene,
12 April 1738. [CO. 137, 56,/o.r. 85-86^.]

18 Order of Committee of Council for Plantation Affairs referring the
January 13. enclosed to Council of Trade and Plantations for consideration and

report. Signed, W. Sharpe. Seal. \\pp. Endorsed, Reed., Read 17 January
1737/8. Enclosed,

1 8. i. Petition of Benjamin Johnson and William alias Billy Johnson of Antigua
to the King. During the enquiry by John Vernon, Ashton Warner, Nathaniel Gilbert
and Robert Arbuthnot into the slave-conspiracy in Antigua, petitioners were almost
constantly under arms guarding the prisoners, and were never at that time accused of
being party to the conspiracy. Only during the later enquiry by Valentine Morris,
Josiah Martin, Henry Douglas, Benjamin King and Thomas Watkins, were they
accused and then by slaves under sentence of death and not pardoned. Because by
the laws in that island the testimony of slaves is not admissible as evidence against
freemen an Act of attainder was passed against the petitioners, suspended till H.M.'s
pleasure should be known. Petitioners represent the inconveniences arising from
allowing slave-testimony against freemen : in this case the testimony not only comes
from slaves but arises chiefly from persons under sentence of death, one of whom
had been for several hours fastened to a gibbet to starve to death, under which
circumstances it may be supposed he would have accused anyone. The bill of attainder
was passed by a majority of only one or two voices ; if the attorney-general of Antigua
and another member who was sick had been present the bill would not have been
committed. Petitioners have never shown any inclination to rebellion but have done

their duty in the militia and paid their taxes; it is scarcely credible they would have
sacrificed their substance by becoming party to a design which must have reduced
them to a level with if not in subjection to their own slaves. They pray that royal
assent to the bill may be denied and some relief extended to them. Copy. 5 \ pp. [CO.
152, 2 3, Jos. 6%--{ id.]

19 Duke of Newcastle to Council of Trade and Plantations directing that
January 13. drafts of commission and instructions be prepared for Lewis Morris

senior, appointed governor of New Jersey in the room of Lord
Delawarr. Signed, Holies Newcastle, i p. Endorsed, Reed. 14 January, Read 17 January
1737/8. [CO. 5, 973, Jos. 106, io6</, 109, 109^. ]

20 Andrew Millar to Harman Verelst enclosing copy of his brother's
January 14. letter received this day. I suppose the Board will make no objection

to the payment of his salary to Christmas last, there being then half a
year due. Signed. %p. Enclosed,

20. i. Robert Millar to Andrew Millar, Port Royal, 28 October 1737, giving an
account of his long illnesses and his waiting for a ship for Vera Cruz. Copy, f p.
[CO. 5, 659, Jos. 415-416^.]

21 Thomas Causton to Trustees for Georgia. Capt. Thompson arrived
January 14. here 1 6 November with whom came the several servants and passen-
gers as per list enclosed. Having sent the 40 servants whom you

particularly ordered for the Darien, in further pursuance of your orders I also sent thither
the chiefest part of those other servants which the captain brought at the owners' risk,
the particular dispositions of which are enclosed. I also enclose accounts of the stores
which I have received of him as shipped either in England or Scotland. Mr. Hossack
having by his letter (copy enclosed) recommended Mr. John Broadie as a settler in this
province, I have endeavoured to accommodate him in the best manner I could. He has

brought with him l servants. He is settled in a new village on the western road

which had been ordered to be set out before Mr. Oglethorpe left this place. As he was
not able to answer to the captain the charges of their passage, they are included among
the number of servants shipped at the owners' risk, for which I have given my receipt
to the captain; I have therefore their indentures and he agreed that six of them should
be employed in your service, the pay of whom is to answer in his account for said passage
and such other necessaries as I shall be obliged to supply him for his further support in
the cultivation of his land, those six having been hitherto employed on the roads. He
seems a very sober man and with the remainder of his servants is very diligent in his
improvements on his settlement.

Mr. Warwick who arrived by the same ship with a grant of 50 acres of land at or
near Savannah has made his choice to settle in the same village with Mr. Broadie and
seems very industrious. At his arrival he complained that the tediousness of the voyage
had occasioned him to be at great expense whereby he was much straitened in his
circumstances; I thought therefore (as it was necessary and might be an encouragement
to his industry) it would not be disagreeable to you if I assisted him, the immediate
expense of which is charged in Capt. Thompson's account, and I have further promised
to credit him with provisions and necessaries so long as he continues his industry in the
cultivation of his land. Mr. George Foster who came by the same ship had indented to

iBlank in MS,

2l] AMERICA AND WEST INDIES 1738 7

himself three other servants from Scotland: he delivered me your orders for a 5o-acre
lot at Frederica, in obedience to which I proposed to him an immediate passage thither
with two servants that were indented to him in England and that as he could not pay for
the other three servants they should be employed in your service and thereby to clear
their own passage and what remained due for the servants which he had brought from
England as also such further credit as he would necessarily want at Frederica for his
support. Whether by falling into ill company or through a want of a proper resolution
or both, I could not bring him to any certainty; he wanted two of the servants which he
had brought from Scotland (a man and his wife) and one of those which he brought from
England to have gone with him and to have left me one man and one woman. As I
found his thoughts set upon experiments only and that he was of too volatile a temper
to make any considerable progress, I thought it necessary to consider how far the
security to be left in my hand would be able to answer for the credit given him and
therein finding that besides the present expense of 4O/. for the passages of his servants
there would be within the compass of a year (with the utmost frugality) 4o/. more, which
also might be doubled should he also live in the same manner as some others have done,
concerning which I had little reason to expect otherwise, I therefore advised him to
adhere to those measures only which he set out with from England, to quit his claim to
those servants he had shipped at Scotland since as they were two women and but one
man they would be an incumbrance to him, and so proceed to Frederica with his two
English servants where he should be supported as necessity required, he repaying the
store there in soap or such other commodities as he should make. But an indolent,
uncertain humour has too much prevailed with him; he fell in company with Mr. Paris
and some other of the Carolina people whom I am informed gave him an invitation
thither and he accordingly left the two English servants in my service and has made a
tour thither.

Mr. Thomas Upton, who also with his wife arrived by the same ship, had procured
five servants to be indented to him in Scotland. At their arrival he delivered me a letter
containing your orders that he should have 150 acres of land set him out at the south-
ward; I forwarded him as soon as possible to Frederica and acquainted Mr. Horton that
he had such grant. He also complained to me as Mr. Warwick had done, and for the
same reasons was unable to pay the passage of those servants he had so indented.
Believing it my duty to facilitate everyone's affairs who seemed desirous to succeed well
in their undertakings, his five servants are also included in the number of those at the
owners' risk and for his immediate assistance sent with him two men and one woman
servant; and he agreed that, in regard to the credit of the passage of the five servants
and such other necessaries which he stood in need of beyond the sum of 3o/. which his
friends were to pay to you, the other two servants should be left here and employed in
your service. I therefore sent them to the sawmill at Ebenezer. Mr. Horton having
since informed me that Mr. Upton has made some progress on his settlement and
seemed to be very industrious, I have at his request sent his two other servants to him.

The several servants and goods (as per copy of invoice) sailed for the Darien from
this place 23 November and Mr. Upton and Samuel Smallwood sailed for Frederica the
2 5 th, and I have advice from the respective places that they all arrived safe and in good
health. Lieut. Mackintosh has been since here and has delivered me his account of
stores. As I found it necessary to put it in some other form to make the account plain
and complete, I advised him in what manner it should be done and I expect that he will
return it me by the messenger who is now there. Capt. Thompson has given me an
account of the great sincerity and diligence with which Mr. Hossack has behaved not-
withstanding the opposition he met with, of which I make, no doubt but you are suf-

8 STATE PAPERS COLONIAL J22

ficicntly acquainted. But I hope I may be excused from saying anything particular at a
second hand which he is able to inform you of himself. As I am sensible the steady
execution of justice adds much to the reputation of any country, I shall not fail to have
a strict regard to that part of it where servants may be at any time concerned, and as I
am sensible myself that no servants can be by any means acquired if they are ill-treated,
I shall take care to promote the same opinion in others. Signed. z\ pp. Endorsed, Reed,
and Read 12 April 1738. [CO. 5, 64o,/<w. 39-40^.]

22 Governor Gabriel Johnston to Council of Trade and Plantations.
January 15. I have sent over a full representation of the state of this colony from
Cape r. j ts rgt sett j ement to t h e present time to the Lords of the Committee

of the Privy Council for Plantation Affairs, which I don't doubt will of course be laid
before you. I must therefore beg that you would determine the points therein contained
as soon as possible, the confusions in this province being much increased by the suspense
we have been kept in for more than two years with regard to the blank patents and the
validity of their laws. I must once more observe that if the laws made by the people and
not confirmed by the late proprietors can affect H.M., his rights and revenues, this
colony will be more independent of the crown than Rhode Island. Edmund Porter, a
member of the council, being lately dead, I recommend James Murray to fill up that
vacancy. Signed. P.S. I have transmitted the copies of three laws proper to be repealed if
you please. \\ small/;/). Endorsed, Reed, from Mr. McCulloch, 20 December 1738, Read
10 January 1738/9. Enclosed,

22. i. An Act to direct disposal of goods upon execution; an Act to prevent
disputes concerning lands already surveyed; an Act entitled Staple Commodities
Rated. Copies. <>\pp. Endorsed, Reed, from Mr. McCulloch, Read 10 January 1738/9.
[CO. 5, 295,/w. 1 34-1 3 9</.]

23 Martha Causton to [Trustees for Georgia]. I write to inform you of
January 16. the state of the silkworms and the progress they made last season in

this province. They hatched in March when the mulberry trees had
been about three weeks in leaf; they were kept in a house 24 foot long wherein were five
tables of the full length and width of the house. These tables were wholly covered with
the worms as was likewise the upper floor. Their numbers, regular disposition and man-
ner of working drew many to see them who looked upon the whole as a matter worthy of
admiration. The Chickesaw Indians who were here at that time were in an exceeding
measure delighted with them, never failing their attendance at the house twice a day
during their continuance at Savannah. I ordered the interpreter to inform them that
silk was for clothes and one of them said they had not those worms in their nation but
that if they had and knew the method of keeping they could return us yearly canoes
laden with balls having a great abundance of mulberry trees up in their country to supply
them with food. Mrs. Camus (who is the person employed by you in the management
of this business) has an exceeding fine hand at working the silk and she is of opinion
that it would be very conducive to the furtherance thereof if the girls of this place were
trained to that employment. It was computed that we should have made 40 Ibs. of silk
but we could not procure enough leaves for the worms ; nevertheless we had about 5 Ibs.
The trees under Mr. Amistic's care fell short through some mismanagement of his and
the people of Purrysburgh contrary to their promises suddenly stopped the exportation
of leaves. We sent to Port Royal for leaves but they spoiled. The gentlewomen of this
place have resolved to breed silkworms as soon as they can procure mulberry trees: I
have an orchard of 1000 trees of four years growth and expect as many more from

Carolina. One of the Indians has promised to bring down his wife and children in the
summer to learn the art of keeping the worms. I have delivered to Mr. Anderson for
your garden two hives of bees which in this country are extremely productive. Signed.
i p. Endorsed, Reed, and Read 12 April 1738. [CO. 5, 640, jo. 42, 42^.]

24 Royal warrant to Attorney- or Solicitor-General for a bill to be
January 18. prepared containing grant of office of secretary of New York to George

8 *' Clarke jnr. in the room of George Clarke snr. Entry, i p. [CO. 324, 37,
pp. 107-8.]

25 Rose Fuller to Duke of Newcastle. By the death of two gentlemen of
January 18. the council of this island and by the resignation of three others the

number was reduced to less than what are required by H.M.'s instruc-
tions to make a quorum, and Mr. Gregory has thought proper to call me to the board.
I request that this may be confirmed. Signed. \\ pp. Endorsed, Reed. 31 May. [CO. 137,
j6,/oj-.

26 President John Gregory to Council of Trade and Plantations. Mr.

January 19. Dawkins, Mr. Gordon and Mr. Charlton, three of the four who with-
drew their attendance, have written acquainting me they resigned their
seats in council. I am of opinion Mr. Laws who was the fourth that withdrew would
have joined them in this as well as in the rest of their behaviour but he was out at sea for
the recovery of his health. Upon these contingencies I was not only impowered but
directed by my instructions to fill up the council to the number of seven; and indeed
there was a necessity for so doing for the annual laws were expiring and I could not call
the assembly to revive them without a quorum of the council. I did upon this occasion
nominate and swear into the council Rose Fuller and Samuel Dicker, men well affected
to H.M.'s government, agreeable to the country and of good capacities and circum-
stances. I first made the offer to two gentlemen who had been recommended in Mr.
Cunningham's time: Mr. Ely died before I had his answer and Mr. Price declined, not
as I am well assured through any disinclination to the post or disregard to me but
imagining as I believe the seat in council might be precarious barely upon my nomination
and chosing rather to come in by commission. I hope there could be no foundation for
any such surmise since what I did was not to gratify any ambition or inclination of my
own but purely in obedience to my instructions. Therefore I hope you will interpose
in this affair and countenance me in this part of my administration that my nomination
may be confirmed, since otherwise it would not only reflect some disgrace upon the
gentlemen that are named but likewise upon the authority that appointed. Signed.
Duplicate, original not being reed. 2 small pp. Endorsed, Reed. 2 5 March, Read 1 2 April
1738. [CO. 137, 22,/oj 1 . 176, ij6d., 180,

27 Same to Duke of Newcastle. [In substance same as No. 26]. Signed.
January 19. 2 small/)/). Endorsed, Reed. 3 1 May. [CO. 137, n,jos. 72-73^. ; duplicate,

endorsed Reed. 24 March, at/w. 87-88^.]

28 William Stephens to Harman Verelst. I wrote you the 2ist ult. by the
January 19. Fanny (Capt. Newton) wherein I acknowledged yours of 10 October.

Part of the directions therein received I have already fulfilled as will
appear by the papers herewith sent, and the rest shall be punctually observed in due
course of time. I have now received by Capt. Daubuz two more servants sent me from

10 STATE PAPERS COLONIAL [29

the Trust, a man and a boy, which last I do not think the worse of for his years con-
sidering the length of his service. These complete my number of ten, and I have not
suffered those I had to lay long idle, though it has been a misfortune that I could never
yet employ more than four or five of them at a time by reason of sickness which (not-
withstanding the temperatures of this season here) has been heavy among them and
frequently got hold of half of them at once, which has impeded my intended work very
much; and (what is yet worse) the common necessity of a doctor's assistance under such
sickness will draw after it a bill (I fear) too long to relish well. The place nevertheless
was never more healthy than at present and if this, which they call a seasoning now, may
happily preserve them when the heats come hereafter it will be well enough still. Not-
withstanding these impediments we have since the latter end of November cleared five
acres and very near fenced it in in order to plant it in March, against which time if the
men can keep tolerable health I hope to clear as much more at least. Forgive me if I
acquaint you that I think the person who supplied their working tools has not dealt well
with you, for some of the felling axes fly like glass and break out in pieces as thick as a
half-crown and the crosscut saw is fit for children only and of so small a size that they
can hardly cut a large grown tree through with it, which is a great baulk to them and it
will behove me to remedy it by buying better where I can. Your stationer has thought
fit to put off some of his bad ware also, for the foolscap is so faulty that it is a hard
matter to find a sheet in a whole quire free from sinking in many parts of it and the
marble-covered copying books are all of the same sort insomuch that some pages of my
own writing are scarce legible (which perhaps you will smile at and find another reason
for) but all the other particulars are unexceptionable. If you will send us a ream of right
good foolscap and also a ream of good post such as we had but have used a great deal of
it where good foolscap would have answered the purpose, it will be put I hope to good
use. A* I have it truly at heart to do what is pleasing and agreeable to those who have
commissioned me to act in the station they have been pleased to appoint me, it would
be a great satisfaction to me to know wherein I have been defective or (I rather fear)
redundant ; upon your notice I shall henceforward proceed accordingly.

After committing to writing whatever I thought worth observing here I am now
preparing to look further into the province, first towards the south and then into the
other settlements on my return, of all which a regular account shall be transmitted in
due course. But whilst I am meditating on this I am under some apprehensions lest the
forces expected from Gibraltar under Col. Cockran should arrive, whom I would wish
to be in any kind serviceable to if I may. The melancholy news which Capt. Ayres brings
(who arrived at Charleston lately in six weeks from England) of the queen's death is
surprising : there are some among us who believe that it will delay divers matters relating
to these parts and particularly that our captain-general will be restrained from using that
expedition which is so peculiar to him, but such penetration I am not yet arrived to.
Signed. P.S. Enclosed receipt is a second of the like tenour with what Mr. Hopton wrote
me he before sent you from Capt. Newton, acknowledging his having a packet for the
Trustees of that date from Mr. Causton and me. The two enclosed letters must take their
chance whether the persons to whom they are addressed are in England yet or not.
i \pp. [CO. 5, 640, Jos. 47-48**]

29 Same to Trustees for Georgia, enclosing duplicates of letters of n6

January 19. October, 2 November and 20-21 December. For a full account of my

transactions I refer you to my journal herewith sent. In the same packet

you have a list of the inhabitants of this town as they stand at present distinguished as

freeholders or inmates with their families and servants. What improvements made on

29] AMERICA AND WEST INDIES 1738 II

those lots or how neglected shall be sent you as soon as completed. In my next I shall
hope to give an account of some other settlements, and with as much dispatch as the
nature of things will bear and I am capable of go through the several branches of those
instructions I received. But the distracted state of this town which I found at my first
coming (and which time only can wholly cure with the help of such wholesome rules as
shall be judged farther necessary by our constituents) would not hitherto admit of my
going far aside. For I never have thought myself better employed than in endeavouring
to allay those heats grown so violent betwixt neighbours and doing my best to quell
that cursed spirit of faction and party lately sprung up among them from the seeds of
sedition sown by a very few whom no power or government can please but such as they
themselves are at the head of and whose great aim has been to become popular by first
raising jealousies in weak minds of such innovations on their liberties and such arbitrary
government as was never before thought of, and then cajoling them into an opinion that
if they would stand firm together in opposing this imaginary tyranny they would not
doubt but to carry their point and become a free people. From hence first arose that
open opposition given to the magistrates in the execution of their office whom they
treated with scorn and contempt. I am very glad to say I have been now long enough
here to see the proper authority of the court maintained and the due course of justice
take place again, from whence we may reasonably expect a farther reformation in time
and that deluded people will recover their senses.

I confess it was matter of concern to me for a while to observe how many people
have deserted this place within some months past, but on due consideration since I can
think of it with content when I reflect on the characters of most of them whom I am
confident no country will be the better for, many of them runaways from hence, idle
and of no use to the community, nevertheless great exclaimers against the public pro-
ceedings here where they helped to raise an outcry whilst they stayed; and I am fully
convinced it would be happy for the colony if it was entirely weeded of all such mis-
chievous plants got into it. To which probably it may be objected that this is not a time
to thin the people when dangers seem to threaten, which would hold true if such men
could be depended on. But who can safely put arms into people's hands that do not
think they have anything worth defending? Some few indeed are gone off, not to be
ranked among these; but even in them the greatest loss sustained is in so many sensible
men. For otherwise they were not prone to cultivate land but mostly carpenters, smiths
or suchlike, who found their work began not to carry the same wages as formerly or
could not so readily find employment at their trades, and therefore went (as most
tradesmen will) where they thought they could earn more ; and the same reason, if it
offers any time hereafter, very probably will bring them back again. There are yet
another class who seem determined to go off (as I have noted in my journal of 6th inst.)
and are such as I could more incline to regret the loss of, three of them having improved
their lots by building houses, cultivating their land, etc., industrious men who live
reputably and would be a credit to the place were it not that their turbulent tempers
outweigh the other part of their characters ; for they are among the principal of the
disaffected, never satisfied but always caballing, forming an opposition to the magis-
trates' ordinary proceedings, and continually declaiming against all future improvements
in a place where (they say) they are oppressed with so many badges of slavery; and
when they have done all they can their families will be never the better for it. N.B. It is
remarkable that these men have neither of them a son and therefore it is the less to be
wondered at that they dwell upon that subject which (as I have observed) has been very
industriously propagated of late ; supposing nevertheless they obtained a full assurance
that their families after them would enjoy the fruits of their labour though no sons to

12 STATE PAPERS COLONIAL [29

inherit, yet I am firmly persuaded in myself from a careful observation I have made that
nothing would make those particular men easy who too plainly discover a dislike to the
whole constitution. What else can be judged of them when I think it may be proved
that in their consultations they have been forming schemes to subvert it? and some of
them when upon juries have not stuck to declare among their brethren that they never
could deem themselves a free people whilst any such thing as a charge, reciting the
evidence and given from the bench, was to be heeded in their giving a verdict, but the
way to come at justice rightly would be to determine the point in hand by a majority of
votes of the freeholders present in open court - to such a height of madness and folly
are they arrived under the tuition of two or three doughty instructors.

I took notice in my last of a different set of men in this town who live mostly here,
being landholders at some miles distance. These make great professions of all goodwill
to the colony and ready obedience to the civil power, but complain of their losses in
improving land, the precariousness of their tenures etc. as I have before observed in
that letter; and from thence (as I conceive) first sprung that indifference among the
freeholders of the town about cultivation of land which has been of bad consequence.
The chief of these are Mr. Robert Williams, settler at Grantham, Mr. Patrick Mackay at
Joseph Town, Mr. Andrew Grant at Ogychee, the two brethren Hugh and William
Sterling at Ogychee, Patrick Tailfer at River Ness, all Scotsmen except Williams who
has been truly a bold pusher on of his work, at great expence in it, and I doubt it has
not answered; nevertheless he is going on again this year with larger improvements,
resolving not to be baulked and hoping for better encouragement, though sadly com-
plaining. Patrick Mackay shows no inclination at all (as I apprehend) to proceed on his
settlement at Joseph Town which after two or three years working on he seems to have
wholly given up : he has a plantation on the Carolina side of the river on the other side
of Hutchinson's Island opposite to Savannah, where he has a considerable number of
negroes and drives on with great application. At the same time having no convenient
house upon it, he has built a small one on a town lot here which he holds in his son's
name, where he lives, being commodious for him near his plantation, and by such a
situation and way of living has an opportunity among the company he keeps of incul-
cating into others the disadvantages they labour under in comparison of the advantages
found by a different tenure and allowance of negroes. Andrew Grant (influenced it is
to be supposed by such doctrines) has quitted his land at Ogychee and brought away all
his servants, though he has no employment for them in town where he lives. The two
brothers Sterling have done the same and their servants lie on their hands here in town
where they rent a house and bake bread or turn their hands to what else they can rather
than work further on their lands ; which indeed I am most surprised at because when I
was last here there were none in the whole province so celebrated for the large quantity
of land they had cleared and planted. Patrick Tailfer has never yet thought his land
worth regarding but, making what profit he could of his servants by letting them out
to hire and practising surgery and physic in town, has made money at an easier rate and
few have done it so fast. In truth men of that profession who have shown themselves
skilful have always found a plentiful harvest their own way. These men joining with
others who frequently visit these parts either from Carolina or elsewhere out of curiosity
and a few more who keep stores, giving themselves up entirely to that without any
improvement on their lots, being generally of a superior rank to the ordinary freeholders,
make an appearance in dress and their course of life very different from them. And at
their usual hours of rendezvous in the most public parts of the town, a stranger would
imagine it a place of trade and the habitation of so many merchants, when, alas, their
whole traffic is for news or to catch up any desirable provisions imported for sale when

29] AMERICA AND WEST INDIES 1738 13

a boat happens to bring such, which must be purchased with ready money if they can
find it.

The inferences to be drawn from hence are so obvious that it would be a piece of
arrogance in me to point them out. But upon the whole, till the colony can attain to the
state of exporting something valuable of its own produce, at leastwise till they can raise
sufficient maintenance for themselves, it is impossible (as I humbly conceive) that it can
increase to any perfection but must be a place of want and continue a burden on the
Trust which has so long supported them. Pardon me if my zeal carries me further
than becomes me. If it is from the land that this matter so desirable is to be acquired,
what method can be taken to make people fond of improving it and, awaking out of this
stupidity, to go heartily about it ? Dare I venture to offer any poor conjectures of my
own to such an august body of gentlemen whose judgment is far beyond any need of
such information ? The late additional bounty which you have ordered for encourage-
ment of poor workingmen to improve their land was a thought worthy of the authors
and it is to be hoped that it will find some good effect. It is undoubtedly from that sort
of people it can be hoped any good progress can be made in these small freehold lots,
and as they are entitled to your bounty by their industry so on the other hand it is my
opinion that no credit of any kind ought to be given in the stores whenever they cease to
show it by their labour nor any relief allowed except to such as are truly helpless and
indigent through providence, such as sick people, poor widows and orphans. Where any
person shows an hearty desire and endeavour to improve land whether it be on greater
or less quantities but wants a little strength to carry it on, suppose such a man were
allowed a servant, two or three, in proportion to his need, upon credit for a year or two
to be repaid at such time and in such manner as might seem meet, this I verily think
would give great encouragement. There is yet another thing which I almost fear to
name lest I should offend in touching upon any matter which seems at present a part of
the constitution, and that is in relation to tail male. But as it proceeds from an honest
intention I shall the sooner hope for pardon. The foundation which that was built upon
I presume might be for the better peopling of the colony by disallowing any alienation
etc., but in case a man dies without a male heir if his estate should go to his heirs general
and such were under obligations either to occupy and cultivate or forfeit it within such
a limited time as shall be thought good and under the same restrictions from alienation
still, surely this would double the diligence of those who, having no son to leave it to,
go heavily on with what they have no further interest in than their own lives; this
would effectually put an end to all the clamour and discontent which is of late become
so general here and which has been so industriously propagated (I have said by whom).
But I should fail in speaking truth if I did not say that I frequently heard the same
objections in England, and in these parts of the world I find it is everywhere talked of
to the disadvantage of the place, though I hope I shall find belief when I solemnly
assure I never gave countenance to it in any conversation I have had here, whatever I
have thought. And as for negroes (which some of our wise reformers have in their
heads too) as I truly think the consequence of admitting them would be very pernicious
so I never heard it offered but I showed an utter aversion to such projects. Our neigh-
bours at Charleston, I hear, have their bellyful of them, insomuch that they have lately
published an order to disgorge great part out of the town where they begin to be
apprehensive of their numbers and will allow of a stated number only to inhabit among
them : what safety then the planters in the country can warrant to themselves, who can
tell?

The next improvement to be taken notice of is concerning the making of silk and
what progress that has taken, which I have done what I could to inform myself in; and

I 4 STATE PAPERS COLONIAL [29

sorry I am to see so desirable a work nipped as it were in the bud and languishing for
want of necessary support - 1 mean mulberry leaves. Upon enquiring into many
particulars relating to this affair, of the family who have the care of it and are said to
understand it very well, sober, industrious people whose names are Camouche and who
came over with Mr. Amitys, I got the following information, vizt. that the machines
which Mr. Amitys had, and three coppers and a box full of glass utensils for winding
of silk, were never brought from Charleston from their first landing almost five years
since, but by Mr. Amitys's allowance were left with his brother at Carolina who has
since disposed of them as he saw fit, and they are lost to the colony. But this family
has since got another machine made according to their own direction which they very
well know how to give, and it works very well. They have at present 5 oz. of seeds
(or eggs) which according to the common way of computation would produce worms
sufficient to wind off 30 Ibs. of the finest silk, provided they could find leaves sufficient
to feed them. But purely for want of that the last year the worms were starved and died,
so that the whole quantity of fine silk made was only about 4 Ibs. How highly such a
work deserves attention and all proper aid is as evident as it is that with such aid it
cannot fail of success : it is so plain that in truth I see nothing wanting at present but
mulberry leaves, the coming at which I am assured by the family beforementioned
would be sooner from seeds than wild plants, which upon their removal unless into
well-improved ground are apt to pine away, but a seedling plant (which at seven or
eight months from a seed probably will shoot three foot high) when removed into a
tolerable soil seldom fails to thrive apace.

This leads me to the garden, where I wrote you in my last there was no great
appearance of much care taken, the late gardener Peircy being run away and Mr.
Anderson (who has the inspection) not much heeding it until he received your further
pleasure thereupon in answer to what he wrote. But of late I observe a great alteration :
one Fitzwalter (a freeholder), who was formerly gardener under Amytis with whom he
could not agree and therefore left it and has lived a rambling life since, has been now
employed there about three or four weeks with a few hands, and having lately some
additional help, he has reduced it into a decent order again, I presume by Mr. Anderson's
directions who comes sometimes to visit it from his land that he is about cultivating two
or three miles off. Upon my acquainting him that you expected from me an account of
the number and kind of trees in the garden which therefore I wished he would give me,
he brought the account here enclosed to me, which I make no doubt but is right as to
the numbers, and the observations made by him thereon I know to be just and true.

Vines unquestionably may be brought to great perfection which is an improvement
of valuable consideration and easily attained, as found by certain experience. Some Jews
brought me a paper more than six weeks since, well-attested, relating to it, desiring me
to transmit it to you ; but I resolved first to satisfy myself further in it, as I did on 6
December (refer to journal) and therefore could not refuse to gratify them in it now.
Wherefore I have herewith sent it. You have also herewith lists of the several people
imported by three ships commanded by Captains Thomson, Hewett and Daubuz, since
my being here; likewise a list from Mr. Bradley of the cattle and horses which were
under his care belonging to the Trust.

I ought (in pursuance of my instructions) not to let this letter go without giving
some account of your surveyor Jones, whose character is of so mixed a nature that it is
not easy to hit it right in all its parts. For it were doing him wrong not to allow him
some degrees of worth on several occasions and (as I am told) a competent share of
knowledge in geometry. Nevertheless it would be injustice to the Trust not to say that
he has certainly been negligent in his duty of running out lands, which has occasioned

30] AMERICA AND WEST INDIES 1738 1}

many to complain who have thereby been under disappointments and sometimes losses
in mistaking land and cultivating what afterwards they found not to be their own, for
which they could find no recompense. To speak my thoughts freely of him, I take him
to be an indolent man as well in relation to public work as to private economy, which is
sufficiently visible from the manner his family lives in and the very mean appearance he
makes in his garb. I have never yet seen any of his plans and the Trust (I fear) not many.
Here is a person come among some of those lately imported, one Mr. Amery, who it is
said understands that business well and might therefore opportunely supply his place.
Nevertheless, if my opinion is of any weight, I should think it not advisable immediately
to remove Jones, for this reason: whatever has yet been done he is master of, and out
of that heap probably some good may with care be collected, but in case he found
himself at once dismissed I know not how far a vindictive temper might prompt him to
be wicked enough to destroy whatever he has (such a thing I overheard whispered),
and that must certainly produce the utmost confusion to begin all again. Besides in
some discourse I had with Mr. Amery I found he should not think it worth his pains
to work on that affair at so low a rate as he understood Jones was to be allowed. When
we are so happy to see one here again who has power and capacity to rectify this defect,
I make no doubt but it will be done in the most prudential manner.

As to religious matters which also I should have something to say to, it ought to be
in proportion to the increase of it, which I fear has been very little especially of late
when disputes and strife so much abounded and charity towards neighbours seemed
utterly banished. The affair of Mr. Wesley will be laid so fully before you from both
sides of the question that I make no doubt but you will easily form a right judgment
upon the whole : though I am no ways attached to either side yet it would be impertinent
now for me to meddle in it any further. We are at present indeed like sheep without a
shepherd, and my hearty wish is that, whomsoever you shall appoint minister of the
church here, he may answer your good purpose by doing his duty as a diligent pastor,
and by an inoffensive, free conversation among his neighbours (without troubling him-
self about secular affairs more than needful) endear himself to those people, which I
conceive would conduce more to make good Christians in practice as well as belief than
the best doctrine reinforced by the strongest arguments without some small compliance
with the ordinary course of the world. I send an account of stores of ammunition and
other accoutrements of war. Signed. P.S. 20 January. This evening an express arrived
from Mr. Horton at Frederica with letters to Mr. Causton and me dated i4th inst.
importing that a Spanish launch arrived at his house at Jekyll from Augustine on the
nth with an officer and 19 men who went back the i3th, and the officer delivered three
letters, one for Mr. Causton, one for Capt. Gascoigne and the other for himself, which
letters he now sent to Mr. Causton, wrote all in Spanish, desiring him to get that which
was for himself translated and sent him back, to which letters he referred me. And on
my going to Mr. Causton's (where Capt. Gascoigne was at the same time) I found by
the translation made by one of our Jews the contents were to complain of an insult
made by some Indians in amity with us upon some Indians of their's, several of whom
they had surprised and killed and carried off their wives prisoners. Mr. Horton adds
that the Spanish officer told him the governor desired to live in friendship with us and
to have a good correspondence. Of all which I make no doubt but Mr. Causton writes
you fully. 8 small pp. [C.O. 5, 640, Jos. 43-46^.]

30 Protest of Arthur Middleton, James Kinlock and Joseph Wragg,

[January 19.] three of H.M.'s council, against the South Carolina bill for stamping,

emitting and making current 2io,ooo/. in paper bills of credit, 29 May 1736. The Act is

l6 STATE PAPERS COLONIAL [3 1

unnecessary, prejudicial to many interests, contrary to the Act of 6 Ann., and contrary
to the 2ist article of H.M.'s instructions. 3 pp. Endorsed, Reed, from Mr. Wood. Reed.,
Read 19 January 1737/8. [CO. 5, $66,fos. 40-41^.]

31 Observations on an Act passed in Carolina for stamping, emitting and

[January 19.] making current the sum of aio,ooo/. in paper bills of credit, etc. (i) It
appears by the depositions annexed to the report of the committee of the house of
assembly of South Carolina that from 1703 to 1714 a five shilling bill in the said paper
bills of credit currently passed in exchange for eight ryals, and that the current price of
silver was 7^. 6d. in the paper bills of credit for one ounce of silver; whereas by this
Act silver is to be taken for interest money due on the bills issued and lent at the rate
of i/. 17-r. 6d. per ounce and gold at zj/. per ounce. (2) The Act of 6 Ann. declares that
no Seville, Pillar or Mexico piece-of-eight, though of full weight of 17^ dwt., shall be
accounted or taken in any of the colonies at or above the rate of 6s. per piece current
money, which is at the rate of 6s. iof*/. per ounce; whereas by this Act silver is to be
taken at i/. ijs. 6d. an ounce, which is i/. us. y\d. per piece, current money of Carolina.
(3) By the said Act of 6 Ann. no persons are compelled to receive any of the said specie
of foreign silver coins at the respective rates in the proclamation mentioned; whereas
the bills of credit issued are declared by this Act to be to all intents and purposes the
lawful current money of South Carolina, and as such shall be taken, paid and received
in all payments whatsoever, any law, statute, usage or custom to the contrary notwith-
standing, though even declared in the Act itself that the 2io,ooo/. to be issued in paper
bills of credit is but about equal to 3O,ooo/. sterling money of Great Britain and that
silver for interest money of such bills shall be taken at il. 17^. 6d. per ounce and gold
at 27/. per ounce, when the rates of silver in pieces-of-eight or bars is but )s. ^\d. an
ounce and gold but 3/. iS/. an ounce in London. (4) The taking measures by the
assembly of any one of the colonies to draw silver from any other of the colonies and the
setting any other rates on foreign silver coin than by the Act of 6 Ann. are set is acting
directly contrary to the said Act. Although the Act of South Carolina is not to be in
force until H.M.'s pleasure be known and although there is a proviso in 6 Ann. authori-
zing H.M. to make further regulation of the rates of foreign silver coins in the colonies,
it is conceived the governor had no power by any instruction from the crown to give
his assent to any law in which Spanish or English silver coins are taken at the rate of
i/. 17-r. 6d. current money per ounce and gold at 27/. per ounce, and that 10 per cent,
shall be discounted on all duties inward paid in silver and gold at the rates aforesaid.
On the contrary, it is conceived that the governor of Carolina is instructed, as other
governors are instructed, to take care that the Act of 6 Ann. be duly observed and not
permit any Act to pass whereby the value of the current money shall be altered without
H.M.s particular leave. The proviso in the Act of 6 Ann. will not in any sense warrant,
without particular leave from the crown, even the enacting of two such clauses as the
8th and 9th of this Act passed in Carolina, for the Act of 6 Ann. declared that nothing
in the before recited proclamation or in the Act was to be construed to compel any
person to receive foreign silver coins at the rates the proclamation mentioned. (5) If
there were not many strongest objections against paper bills of credit which do not
carry an assurance of money and which all persons are obliged to take, the committee
have furnished a very material one by observing in their report that in the Indian war,
when the province was generally looked on as lost, men gave any price for bills of
exchange of the produce of the country, which observation is confirmed by a writer of
a pamphlet in behalf of the paper currency printed in Carolina in 1736. Such paper bills
of credit will never answer a debt contracted in this kingdom or any other country, and

33] AMERICA AND WEST INDIES 1738 IJ

to answer such debt the person possessed of such bills must give such price for the
product or commodities of such plantation or for gold or silver or a bill of exchange
payable in Great Britain as the owner of such product, commodity, gold or silver or
the drawer of such bills of exchange shall require, which is equal to such bills bearing a
public discount, or else he cannot make a return to answer the debt owing by him to
any person with whom he has dealings in this kingdom. Consequently the increasing
the quantity of such bills of credit in any of the plantations will necessarily raise the
product of such plantation, the rates of gold and silver, and the prices of bills of exchange
payable in this kingdom ; or in other words diminish the value of such bills of credit to
the general loss. (6) The rate of exchange before 1704 was at par, only zoo/, money in
Carolina was given for ioo/. bill of exchange; from 1704 to 1714 sometimes given in
Carolina more than ioo/. currency of that province for ioo/. sterling to be paid in this
kingdom, but not at any one point of time more than i33/. 6s. %d. ; whereas since 1714
the exchange has been greatly rising inasmuch that at present there is given in the
currency of Carolina 75o/. or more for ioo/. bill of exchange payable in Great Britain.
(7) Rice was before 1704 at IO.T. or thereabouts a hundred in Carolina and till 1714 not
higher than 15^. or thereabouts; whereas since that time it has been greatly rising,
inasmuch that at this time it is at four pounds a hundred to be paid for in the currency
of that province. (8) The framers of the report have very greatly mistaken Mr. Locke,
and shamefully made use of his name to serve purposes which through the whole of
his piece on money etc. he strongly declares himself and is much in judgment against.
7 pp. Endorsed, Reed, from Mr. Wood. Reed., Read 19 January 1737/8. [CO. 5, 366, fos.
34-37^-]

32 Council of Trade and Plantations to Committee of Privy Council.
January 20. Pursuant to your order of 23 December last we have considered the

petition of Sebastian Zouberbuhler [See Cat. S.P. Co/., 1737, No. 65 li]
We do not find that he has been at any extraordinary charges in the introduction of the
fifty families already arrived in South Carolina, part of the 600 persons proposed to
settle there, or that he is obliged to be at the expense of carrying over the remainder,
and therefore cannot recommend to H.M. that he should be put in possession of the
48,000 acres free of all fees etc. or that H.M. should grant him 12,000 acres more in lieu.
But as to the prolongation of time desired, we do not apprehend it can be of any ill
consequence provided the settlement be completed within two years from October 1738.
Entry. Signatories, Monson, T. Pelham, James Brudenell, R. Plumer. 4pp. [C.O. 5, 401,
pp. 245-248; draft in C.O. 5, 381, /0.r. 258-259^.]

33 Thomas Causton to Harman Verelst, transmitting copies of sundry
January 21. day-books from 6 February 1735/6 to 22 November 1736; also other

copies to the end of October 1737; also duplicates of receipts for cash
paid to 31 December 1737; also copies of such accounts current as have been yet
examined 6 February 1735/6 to 22 November 1736; accounts for that time are now all
copied and wait only for examination. Please advise of any copies of day books wanting
preceding the last account now sent. You will perceive by Capt. Hewit's receipt that
himself or owners had received of some of his passengers part of their passage money:
I have therefore enclosed you their notes. John Alther's note for 2/. js. 6d. is at present
mislaid. Signed. P.S. Books of account current abovementioned are lettered A, B and C.
I have also sent pursuant to the Trustees' orders a cask of acorns marked GC and are the
product of the evergreen oak which is here called the water oak. There is another sort
of the evergreen oak which we call the live oak, but I could not get any of that kind of

2 XLIV

ig STATE PAPERS COLONIAL [34

mast this year. In a lesser cask I have sent some of the earth this kind of oak flourishes
very well in and is adjoining to the saltwaters. i p. Seal, on dorse. [CO. 5, 640, fo. 49,

34 President James Dottin to Duke of Newcastle. The vessel by which I
January 24. transmitted the public papers with my letter of 20 August last being

safely arrived, I will not now trouble you with duplicates of them,
which indeed are not yet delivered to me, the officer complaining of it as a hardship on
him to furnish these papers when the assembly has resolved they will not provide for
what has already and shall hereafter become due for these public services ; so that I am
inclined to ease him as much as I can. Copies of several Acts lately passed are herev, ith
transmitted. The Levy Act was made purposely to comply with the demands made on
the treasury of orders tendered for payment on some discounts and which it was more
advantageous for the owners of them to abate than wait till they came in course of pay-
ment, which would not have been in many years ; and had not this method been estab-
lished, those creditors of the public who could not wait for the payment of their orders
till they came regularly to be discharged would have parted with them at larger abate-
ments to private persons, to whose advantage that large sum would have fallen that by
this method will sink in the public, with the consent and approbation of all its creditors.
So that I hope this expedient will meet with your approbation, especially as no creditor
of the public will give opposition thereto ; for should the law be repealed after one year's
collection of the tax and application to the uses, it will occasion the greatest confusion
and be a means of the assembly's raising no more levies, whereby the public debts will
greatly increase and its credit be entirely destroyed. To prevent which I gave my assent
to that act which, if suffered to continue in force for the time it is made, will answer the
design of freeing the public entirely from debt, for the doing whereof I think no better
method could have been taken as the inhabitants are not able to bear a larger tax; and
it will be very difficult even to get this paid. What I mentioned to you in my last letter
with relation to the expense of the grand sessions, I find on examination was provided
for by a law passed 1 5 August 1719 on which H.M.'s pleasure has not been yet declared;
and as I believe the former copy miscarried I have sent another. And as no person would
entertain the last court of grand sessions that was holden here (which put the justices,
jurors and other persons who from all parts of the country were obliged to attend it to
very great inconveniences and makes it vastly difficult to get a chief justice to preside at
these courts), I flatter myself you will try to get this act confirmed or procure such other
methods to be established so that the casual receiver who is now and has been for some
time in cash and receives large fines and forfeitures from these courts may apply what is
necessary to defray the future expenses thereof when he is in cash, which will be a great
ease to the attendants of the court and occasion the commission for the holding it to be
more readily accepted of. Signed, ^\pp. [CO. 28, 45,/<w. 400-401^.]

35 Same to Council of Trade and Plantations. [In substance same as No. 34]
January 24. Signed, z pp. Endorsed, Reed. 28 March, Read 21 April 1738. [CO. 28,

25,/w. 62-63^.]

36 Duke of Newcastle to Council of Trade and Plantations directing that
January 25. an instruction be prepared for Alured Popple, governor of Bermuda.
Whitehall. Sifflgd Endorsedt Recdt) Read 26 January , 7J7 /g. [CO. 37, 13, fes. 25,

254 28, z%d.}

40] AMERICA AND WEST INDIES 1738 19

37 Council of Trade and Plantations to the King. Neither we nor Mr.
January 25. Fane have any objection against an Act passed in Virginia in Septem-
ber 1736 to dock the entail of certain lands whereof Lewis Burwell is

seised. Entry. Signatories, Monson, T. Pelham, M. Bladen, R. Plumer. i />. [CO. 5, 1366,
p. 288.]

38 Same to Duke of Newcastle transmitting draft commission for Lewis
January 25. Morris to be governor of New Jersey together with representation

thereon. Entry. Signatories, Monson, T. Pelham, M. Bladen, Edward
Ashe, R. Plumer. i p. Enclosed,

38. i. Same to King, 25 January 1737/8. The accompanying draft is in the usual
form. Entry. Signatories, as covering letter, i p.

38. ii. Draft commission for Lewis Morris to be governor of New Jersey. Entry.
5 pp. [CO. 5, 996,/>/>. 400-407 1 ; draft in CO. 5, 197, fos. 84-93^.]

39 Minutes of Common Council of Georgia. The accountant acquainted
January 25. the council that 688/. 8/. had been drawn on the Bank for payment of
a ace ourt. provisions; that a draft had been made on the Bank 14 December 1737

for JOG/, to Aid. Heathcote for payment of sola bills; and that 5oo/. in sola bills had been
sent to Georgia. Certified accounts were brought for payment as follows : for 43/. i6s. ^d.
to David Provost for provisions and necessaries, dated 15 July 1737; for zz6J. 4s. yd.
to Thomas Ware for provisions, dated 10 August 1737; for 2937. 3^. nd. to William
Van Der Spiegel for provisions and necessaries, dated 29 September 1737; for 1387. izs.
\id. to Benjamin Appelbe, dated 28 September 1737; for 6z/. ijs. id. to James Searle
for pettiaugua hire, dated 20 September 1737; for i66/. 3-f. nd. to Samuel Montaigut &
Co. for provisions and necessaries, dated 4 October 1737; for 425/. os. $d. to Capt. James
Mackpherson for payment of rangers at Fort Argyll, dated 2 October 1737; for 22 1/.
ioj. 6</. to Capt. Aeneas Mackintosh for pay and provisions at Fort Prince George and
expenses of Indians; for 3847. -js. lod. to Robert Ellis for provisions and necessaries,
dated 17 October 1737. Resolved, that (advice being come that since the dates of the
foregoing certificates i6jo/. in sola bills are arrived in Georgia for which money is
appropriated to answer on their return) the aforesaid accounts be returned to Georgia
for payment there. Ordered that public notice be given in Georgia that no certified
account for provisions or necessaries sold and delivered in Georgia will be paid in
England, that their storekeepers have received orders to defray all expenses in sola bills,
and that no other payments will be made but by sola bills. The accountant acquainted
the court that a draft had been made on the Bank for 1 5 1/. nth inst. to Peregrine Fury
for payment of sola bills; and that 2jo/. had been drawn for on the Bank nth inst. for
provisions. Resolved that no more sola bills be sent to Georgia till the Trustees arc
enabled by a new supply to answer them. Read a report from the committee of accounts
that the balance of the account for 9 June 1736 to 9 June 1737 was 3JI9/. 13^. ud.
Resolved that any three of the council wait on the Lord Chancellor and Master of the
Rolls with the said account. Ordered that as soon as the annual account is presented
150 copies of it be printed. 5 pp. [CO. 5, 690, pp. 123-127.]

40 Memorial of Lieut. -Governor David Dunbar to Council of Trade and
[January 25.] Plantations, replying to letter of 12 December 1735. Both in America

and here I have been told that the Massachusetts Act for a bounty upon hemp and flax

Pagination of CO. 5, 996 is faulty: see/>/>. 300-307.

20 STATE PAPERS COLONIAL [40

was but for three years : one of them was elapsed before people could supply themselves
with hempseed, the second year I heard the bounty paid by that province amounted to
more than jooo/. New England currency, and last year I have heard it was above
i3,ooo/. But I cannot much depend upon my information because I was represented by
Governor Belcher to the people there as a spy upon their actions so that they seemed
shy of answering any questions that related to their trade or manufactures. But as all
public accounts are or ought to be lodged with the auditor of the Plantations, you can
from thence receive the best information. When I came from America in May last it was
expected that at the next session of the general court of Massachuestts an Act would be
made for continuing the bounty some time longer, but it has not been in my way to
know whether they have passed such an Act. But I know that the people there are so
tenacious of their old customs that they won't be persuaded against dew rotting their
hemp and flax although I published in print the directions I carried over from you for
the management of hemp in all shapes. They gave a bounty for making sailcloth for
some time but I have heard one Mr. Powel who was the undertaker complain that
justice was not done him in the payment of that bounty. Of late years some Irish
families have made sailcloth in great perfection near Boston and in incredible quantities
for the number of hands employed. The chief of them would undertake for any quanti-
ties and no doubt they will very soon be able to supply themselves with all they may
want of that sort. As for linen it is made in great perfection : the enclosed copies of
letters relating to it and other manufactures and practices in New England I lay before
you as part of my answer to your letter. The inhabitants, seeing what a benefit a small
number of poor Irish families have made far up in the country by spinning and weaving
linen of all sorts, have hired servants from thence to instruct their young people and
have sent children to schools to learn to spin both linen and woollen, and I am con-
vinced that in a little time they will make enough for their own consumption at least.
They have lands for nothing, they pay no duties even upon goods exported with a
drawback from England, they pay very little taxes but to support disputes against the
crown of which there is now a most flagrant instance coming before you by a sum of
20oo/. sterling raised by tax very lately to support an opposition to the settlement of the
boundary between Massachusetts and New Hampshire.

New England is a very growing country and deserves some attention at home. The
militia of Massachusetts only are not fewer than 40,000 men who generally have a
slender notion of a dependency upon England, which is not very surprising when their
governor publicly censures H.M.'s conduct and his ministers and calls English Acts of
Parliament putting any restraint upon New England arbitrary and iniquitous Acts. I
have made many representations upon all these affairs to your board and have acquainted
you what woollen cloths, camlets, and stuffs I have seen made in that country. I once
offered my opinion that if a gentleman who was a good judge of trade was added to
your board and to be sent abroad from Newfoundland to Nova Scotia and to all the
several English governments upon the continent to stay at each as he judged proper to
make enquiries and observations upon the situation, soil and produce of each colony
and to be joined with the several governors in power during his stay to enable him to
make such enquiries, you would in two or three years have so exact an account and
state of H.M.'s dominions in America as you might with certainty depend upon and be
well worth the expense of it. English America is capable of great improvements and of
being as useful to England as the northern countries and without much additional
expense. The French are encroaching upon Nova Scotia and other parts, they are
working us out of the fishery, which may be in great part prevented and their situation
made uneasy to them by the settlement of Nova Scotia. Oppression and ill treatment

41] AMERICA AND WEST INDIES 1738 21

have broken my spirits without being able to get any redress. Signed. 4 pp. Endorsed,

Reed., Read 25 January 1737/8. Enclosed,

40. i. William Bollon to Lieut. -Governor Dunbar, Boston, 21 February 1735/6,
requesting that the iron manufacture may be recommended to the Council of Trade
and Plantations as proper for encouragement. Copy. \ p.

40. ii. Lieut. -Governor Dunbar to William Bollon, Portsmouth, New Hamp-
shire, 27 February 1735/6, promising to use his interest as requested, but advising
that cast iron should be made, not forged iron, as this will create less jealousy in
England. I think the quantity of iron consumed in England is 36-38,000 tons yearly
whereof 10 or 12,000 tons is made in the kingdom: they could make the whole
malleable if they had cast metal. Copy. i\pp.

40. iii. Same to Captain Thomlinson, Portsmouth, New Hampshire, 4 March
1735/6. Labour is so excessively dear that iron cannot be manufactured without a
bounty. New England iron is of very good quality; axes and hatchets in particular
are better than those from England. The Act against French molasses and rum is
little regarded in some places, e.g. Rhode Island. Another practice of Rhode Island
is the issue of great quantities of paper money. To encourage the production of hemp,
instructors are needed and the renewal of the bounty formerly given. Copy. i\ pp.
[CO. 5, 880, fos. 82-88^.1

41 Governor Jonathan Belcher to Council of Trade and Plantations.

January 28. Since previous letter of 27 December, the assembly of this province
has gone through what necessary business they had before them and I
prorogued them 9th inst. as you will see by enclosed journal. A few days ago I received
an express of the loss of Fort Dummer by fire which happened 1 5th inst. This was a small
fortress about 130 miles from hence on the western frontiers of the province with an
officer and 20 men which I have posted about a dozen miles lower than the fort stood;
and I shall have the fort rebuilt when the season will conveniently admit of getting
materials and workmen. In March last I sent you answers to the usual queries except
that of the number of the militia. I now enclose a list of the regiments with the particular
number of men in each, amounting in all to 25,031 men. This province labours under
great difficulties for want of something to pass in lieu of money, silver and gold being
as constantly exported to Great Britain as it comes in; and it is hardly possible for the
people to subsist or any trade to be carried on without a medium of exchange or some-
thing to pass between man and man. In consideration of this matter the assembly passed
the enclosed bill at their late session to which I could not give my assent because it
militated with H.M.'s i6th instruction, nor is the bill sufficiently guarded to give a just
value to the bills they proposed to emit. But if in such a bill a clause were inserted of the
nature of what I now enclose to you it would considerably reform all the bills now out as well as
give value to what they would emit for the future. 1 I would therefore propose to you that I
might have H.M.'s royal order of leave for signing such a bill (including such a provision
for drawing in all their outstanding bills according to their several periods) which is
indeed the best projected to keep up the value of what bills may be emitted of any Act
that has passed this legislature: and all persons trading hither from Great Britain will
soon find the advantage of it. Signed. 4 small/?/). Endorsed, Reed. 9 June, Read 14 June
1738. Enclosed,

41. i. Bill passed by legislature of Massachusetts in December 1737 for emission
of 6o,ooo/. of bills of credit redeemable by gold and silver. Copy, certified by Simon

is sentence underlined in MS.

22 STATE PAPERS COLONIAL [42

Frost, deputy secretary, 28 January 1737/8. &\pp. indorsed, as covering letter.

41. ii. Draft of clauses which are necessary to be added to the foregoing, i \\pp.
Endorsed, (i) as covering letter, (ii) Mr. Fane's report: no objection in point of law.

41. iii. Order of General Court of Massachusetts that the bill for emission of
6o,ooo/. of bills be printed and that the names of persons willing to subscribe for the
said bills be received ; together with another copy of the bill. Printed. 4^ pp. Endorsed,
as covering letter.

41. iv. List of colonels of several regiments of Massachusetts with number of
men in each regiment. Colonels : Winslow, Heath, Thaxter, Hatch, Burrill, Marston,
Wainwright, Epes, Kent, Saltonstall, Phipps, Tyng, Flynt, Ward, Stoddard, Turner,
Lothrop, Church, Almy, Brown, Pepperell, Mayhew, Chandler, J. Willard, S.
Willard. Total of men, 25,031. i p. Endorsed, as covering letter. [CO. 5, 880, fos.
281-300^.]

42 James Oglethorpe to Andrew Stone. I hope you will excuse my
January 28. troubling you so often about the letter from his grace to Carolina

relating to the ship with German passengers. Give me leave to state the fact. Some
Germans who were on board a ship that put into Cowes, being on shore, refused to go
on board again and complained to H.M. of ill treatment. H.M. ordered enquiry to be
made into the matter that justice might be made to the Germans. The merchants very
willingly agreed to do all the Germans desired, though the same put them to great
expense, provided H.M. would recommend the reimbursing that expense to the governor
of Carolina out of the fund appropriated for encouragement of such foreign Protestants
as should come to Carolina. Pursuant to this, the ship sailed for Carolina and the Duke
of Newcastle wrote a letter; but in that letter there are some words which the merchants
(of whom Mr. Wragg is chief) are of opinion would enervate the whole. They therefore
pray for another letter in which those words might be omitted, and they have not sent
the former letter by reason that they think it will not answer the purpose. Give me
leave to recommend this matter to you and, as I know that country, to assure you that
there is money applicable to this very purpose vizt. for encouraging foreign Protestants
and that that money is in H.M.'s disposition. And in my opinion the complying with
Mr. Wragg's desire on this occasion as expressed in his letter which I enclosed to you
in my former is very just and for H.M.'s service. I desire you will pardon me for so
frequently teasing you, but as the merchants declare to me that if they do not succeed
in this application it will be very hurtful to them, I think myself therefore in justice and
honour bound to use my little interest for getting a thing done which will tend so much
to the welfare of that colony by increasing it with foreign Protestants. Signed, zj small pp.
[C.0.5, 654,/w. 129-130^.]

43 Governor Edward Trelawny to Council of Trade and Plantations.
Jarmary 31. Having received advice that Thomas Garbrand, one of the councillors

of Jamaica, is dead, I recommend Samuel Dicker as a proper person to
succeed him. He is a gentleman of a considerable fortune, was associated one of the
judges of the grand court in February last, and according to the best information I can
get a person in all respect fit for H.M.'s service in that station. Signed, i small p. Endorsed,
Reed. 6 February, Read 7 February 1737/8. [CO. 137, zz,foj. 159, i)$d, 163, 163^.]

44 Henry McCulloh to Thomas Hill. It is not in Governor Johnston's

January [31.] power to keep the people of North Carolina to their duty unless their

lordships favour him with their opinions on the matters in debate,

47] AMERICA AND WEST INDIES 1738 2}

vizt. that such as hold patents from the Lords Proprietors by which they are obliged to
pay, some is. sterling, others zs. per 100 acres, tender their quitrents only upon the
footing of proclamation money, which is z 5 per cent, worse than sterling, and allege
that by the governor's instructions he ought to receive it from them in that manner.
Another difficulty that the governor meets with is that they will only pay their quitrents
in commodity and others of them will not bring their quitrents to the precinct house but
require the receiver-general to come to their respective dwellings. There is not the least
colour of reason for this except in Albemarle County and even there they are certainly
liable to pay their quitrents at the precinct house. It has also been a practice of long
standing in the colony for people to box pine trees for turpentine and burn light wood
for pitch and tar without taking out patents for the lands. The governor has been much
censured for the preventing of this ; it would be of use to him if their lordships would
write to him that they approve his conduct therein and that they would also declare their
opinion how far the people ought to be liable to quitrents, having made waste of the
king's lands; and that their lordships would at the same time assure him that they will
support him in the execution of his duty; and that if any persons in the colony do obstruct
him in the same they may expect very little favour from the crown in the renewal of
their patents provided any of them are vacated ; that that affair is now before the attorney-
general ; and that he will speedily have directions how to proceed. A letter to this purpose
would be of infinite use at present as the people are made to believe that all that he does
is without any directions from their lordships and that they disapprove of his conduct.
Signed. i\ pp. Endorsed, Reed. 31 January, Read 2 February 1737/8. [CO. 5, 295, fos.

IOO-IOI*/.]

45 Memorial of Henry Popple, agent of Governor Fitzwilliam, to Council

[January 31.] o f Trade and Plantations. When the complaints against the governor
were heard before the Board several papers were inadmissible as not being properly
authenticated by the great seal of the Bahamas. The memorialist believes that Governor
Fitzwilliam is now on the sea returning home and is convinced he will bring with him
every necessary paper properly authenticated ; he therefore hopes the Board will postpone
reporting to H.M. until the governor's arrival, i p. Endorsed, Reed., Read January 1738.
[C.0.23, 4 Jos. 32, 32</, 35,

46 Minutes of meeting of Trustees for Georgia. Received by Dr. Hales
February 1. 2 /. zs. and i/. is., benefactions for missionaries in Georgia. \ p. [CO.

irt " 5,687, A J4-]

47 Petition of merchants and traders on behalf of themselves and all others
[February 2.] trading from this kingdom to Jamaica, to Council of Trade and

Plantations, seeking royal disapprobation of an Act passed in Jamaica on 19 February
1736/7 for raising sums of money for subsisting the eight independent companies,
whereby a duty of icxr. per head is laid on each slave imported and icxr. per head on each
slave exported. Signed,

for Liverpool: John Hardman, John Atherton, Richard Hampson, Thomas
Cockshutt, James Bromfield, Thomas Parkes, Thomas Kendall, John Goodwin, Ro.
Armitage, Foster Coore, Henry Trafford, Joseph Bird, Johnson Gildart, William Pole,
Jonathan Martindale, Edward Litherland, Richard Richardson, Thomas Massey, William
Hornby, Edward Cropper, Nathaniel Litherland, John Okill, Richard Cowband, George
Norton mayor, Richard Gildart, Foster CunlifFe, Bryan Blundell, Thomas Seel jnr.,
Samuel Reid, James Clinton, Edward Trafford, Samuel Qgd,en, George Warrington,

24 STATE PAPERS COLONIAL [48

Charles Roberts, John Brooks, Thomas Seel, James Ross, Samuel Crosbie, Samuel Seel,
John Knight, James Percival, John Bostock, John Nicholas jnr., Joseph Davies, Henry
Townsend, James Ansdell, Arthur Hey wood, John Williamson;

for Bristol: John Price, Thomas Coster, Henry Combe, Abraham Elton, Jacob
Elton, William Jeflferis, Abell Grant, Isaac Hobhouse, James Laroche, Michael Beecher,
William Davie, Henry Tonge, S. Shipway, John Teague, John Bartlett, John Combe,
Henry Parker, Conrade Smith, John Crosse, John Brickdale, John Thompson, Walter
Jenkins, P. Fisher, Richard Henvill, William Hart, Isaac Elton, J. Brickdale, James Day,
Henry Dampier, William Lougher, Richard Farr, William Hare, Richard Lougher,
Richard Farr jnr., Peter Hatton, William Gordon, John Tate, Joseph Hey, Nehemiah
and William Champion, Richard Meyler, James Reed, Thomas Pennington, Samuel
Gardner jnr., Ed. Day, James Hillhouse;

for London: Samuel Bonham, H. Lang, John Keith, George Arnold, Thomas
Hebert, John Cathcart, S. Wragg, William Smith, Samuel Travers, Herman Zurhorst (?),
Alexander Dundas, John Sutherland, Nathaniel Bapnett, Timothy Cockshull, Charles
Pole, i large/*. Endorsed, Reed, from Mr. Wood, 2 February, Read 23 February 1737/8.
[CO. 137, 22,fo. 171, i-jid.}

48 Order of Council, on report from Committee for Plantation Affairs,
February 6. permitting Lord Baltimore to withdraw his two petitions against

royal approval of the appointment of George Thomas as deputy gov-
ernor of the three Lower Counties. Copy, certified by W. Sharpe. 2 pp. Endorsed, Reed.
28 March, Read 13 April 1738. [C.O. 5, iz6^,fos. n-izd.]

49 William Wood to [Thomas Hill]. Having received letters yesterday
February 7. from Bristol and this morning a letter from some gentlemen in the

City trading to Carolina informing me that their correspondents had
advised them that they apprehended it was intended by the assembly of that province to
continue or prolong the Act imposing duties on negroes on importation payable by the
importer which expires in August next, I am to beg in their behalf and at their request
that you will move the lords that they will order it so that an intimation may be sent to
the governor that he does not give his assent to such Act being continued, nor to any
other Act which shall lay a duty on negroes payable by the importer, or in any other
manner than he is permitted by H.M.'s instruction of 10 December 1731.

I am to desire at the same time that you will move their lordships to make their
report on the Act for emitting 2io,ooo/. paper bills of credit, the traders writing me that
when the last ships came from Carolina 85 o/. currency was given for ioo/. bill of exchange
payable in this kingdom, and that therefore they were under the greatest uneasiness till
they knew what they had to depend upon, and till which there must be an entire stagna-
tion of trade to that province, as to themselves and all other persons trading on their
own accounts.

I am to beg that you will move the lords to take the Act passed in Jamaica imposing
duties on negroes into consideration, an Act very well deserving their immediate con-
sideration not only in respect to the duty imposed but in respect to other clauses in it,
particularly the clause for empowering the officers of the independent companies to
recruit in the island, a power not very consistent with the preamble of an Act passed at
the same time wherein it is declared 'that nothing can more effectually contribute to the
advancement of the interest of the island or its security against foreign invasion and
insurrections of negroes than that there should be white people in proportion to slaves
etc.* This is the preamble to an Act for obliging every owner to keep a white for every

54] AMERICA AND WEST INDIES 1738 2}

30 negroes etc., or pay 3/. 5.1-. a quarter deficiency. And it is to be observed that the crown
does not permit any of the officers whose regiments or companies are out of this kingdom
to enlist men in the countries where they are; that Mr. Cunningham, before his departure,
long solicited for leave to recruit the independent companies in Jamaica in America,
but could not obtain it; and that the permitting the officers who have companies in the
colonies to recruit in any part of them would be attended with great inconveniency.
I am very much mistaken if the Act imposing duties on negroes and the Act for obliging
the inhabitants etc. be not, both of them, passed in terms contrary to the instructions
Mr. Cunningham carried over with him and which upon his death came into the hands
of Mr. Gregory. Signed. P.S. Since the passing the Act for emitting 2io,ooo/. paper bills
of credit, the assembly have passed another Act for stamping and emitting 35,0107. in
orders to be issued immediately. 2 small pp. Endorsed, Reed., Read 7 February 1737/8.
[CO. 5, ^6 Jos. 38-39^.]

50 Council of Trade and Plantations to Governor Gabriel Johnston
February 8. explaining delay in answering letters through necessity of consulting

the law officers of the crown. We hope soon to have their opinion.
In the meantime we observe with much satisfaction the great diligence you have used in
apprising us of the state of the province and we take this opportunity of assuring you
that as long as you continue to follow your instructions you may always depend upon
our encouragement and assistance. Entry. Signatories, Monson, M. Bladen, Edward Ashe,
R. Plumer. i ^ pp. [CO. 5, $z$,fos. 131^-132.]

51 Minutes of Common Council of Georgia. Resolved that persons in
February 8. possession of certified accounts from Georgia be acquainted that the

.e ourt. T rus tees have sent sola bills to Georgia to answer the expenses for
which the said accounts were certified; and that if they will stay till the Trustees can
hear from there relating to the application of the said sola bills, the Trustees will allow
from this day 4 per cent, interest. Resolved that 5oo/. be paid to Aid. Heathcote on
account; signed a draft on the Bank for the same, i p. [CO. 5, 690,^. 128.]

52 Minutes of meeting of Trustees for Georgia. Received receipt from

February 8. bank for 3/. 3J. paid in at the last board. \p. [CO. 5, 687, p. 55.]
Palace Court.

53 Council of Trade and Plantations to the King proposing Samuel
February 9. Dicker and Thomas Edlin as councillors in Jamaica in the room of

Thomas Hals and Thomas Garbrand, deceased. Entry. Signatories,
James Brudenell, R. Plumer, Monson, T. Pelham, Edward Ashe. i p. [CO. 138, 18,
A 275-]

54 Same to Duke of Newcastle, enclosing extract of letter from President
February 9. Gregory of Jamaica dated 25 November 1737, together with copy of

representation of the merchants at Kingston concerning the capture of
ships by Spaniards, and papers referred to therein. Signed, Monson, T. Pelham, Edward
Ashe, James Brudenell, R. Plumer. i p. Enclosed,

54. i. President Gregory to Council of Trade and Plantations; Jamaica, 25
November 1737. Copy, of extract of Cal. S.P.Col., 1737, No. 595. i|/>/>.

54. ii. Merchants of Jamaica to President Gregory. Copy, of Cat, S P Col., 1737,
No. 595 iii. $ pp.

26 STATE PAPERS COLONIAL [55

54. iii. Benjamin Way to Edward Manning; Loja/ Charles at Havana, 26 August
(O.S.) 1737. Copy, of Cat. S.P.CoL, 1737, No. 595 i. ^\pp.

54. iv. Letter from Henry Weare; Havana, 5 September (N.S.) 1737. Copy, of
Cat. S.P.Co/., 1737, No. 595 ii. zj pp. [CO. 137, 48, fos. 30-40^; entry of covering
letter in CO. 138, i8,/>. 276.]

55 Memorial of the merchants interested in and trading to H.M.'s Planta-

[February 9.] tions and Colonies in America to Duke of Newcastle, gratefully
acknowledging communication to them of several papers lately received from Spain
touching the many and repeated depredations committed by that crown on the shipping
and property of British subjects. The following observations are submitted. First with
regard to Mr. Keene's letter, the authentic accounts he seems thereby to require as
necessary to be sent to him are, as we apprehend, such as we assure you are not to be
obtained in any of the Spanish colonies on the application of any private merchants.
For the governor and all the royal officers there, as we are very credibly informed and
most certainly believe, are interested in these seizures ; and if so, they must be greatly
affected by such authentic accounts as Mr. Keene mentions in his letter and no notary
public there dare demand or attest any answer to be given by a governor for his non-
compliance with his Catholic Majesty's orders of restitution, they being all intimidated
from doing any act which may in the most remote degree affect the governor or royal
officers. This puts it out of our power to comply with what Mr. Keene seems to think
absolutely necessary and shows what kind of justice we are to expect when we are
required at Old Spain to produce accounts which in the Spanish West Indies are rendered
absolutely impossible to be obtained.

The only end for which these accounts can be insisted on as necessary to be produced
is to show that the King of Spain's orders for restitution are not complied with. But it
can never be supposed that the crown of Spain are strangers to what effect their own
orders have had, neither could these orders have been carried into execution without
some return that they were so, having been transmitted by the governor abroad to the
ministry at home, such return being expressly required to be made by every order that
has issued; and it is not be be presumed that any of the governors of the crown of Spain
would dare to refuse a moment to obey any of the orders of their royal master if they
were not fully assured the restitution thereby nominally directed was not really expected
from them. We submit to you whether instead of the crown of Spain requiring such
account to be produced by us which it is in their power to withhold from us, and which
they actually do withhold from us, it does not seem more reasonable that it should be
expected from the crown of Spain to show satisfaction has been made and which it is
easily in their power to do than for Spain to require that from us which by their own
acts they render impossible to be complied with.

But if these accounts were to be come at and could be produced, we yet fear they
would be of very little effect. For if the first orders were not complied with, what
reason can there be to expect a different success from a repetition of the same order ?
And we are the better warranted in this suggestion from the instance of the South Sea
Company who (being a great and considerable body) had weight enough, as we have
been informed, to get all the proofs and accounts required but were yet as far from actual
restitution as if there had never been any order directing it to be made, though they had
several cedulas for liquidated sums and likewise from the repeated cedillas in the two cases
of the Anne galley and the Woolball obtained for private persons at the instance of the
British court. So that, though the not obtaining such authentic accounts as Mr. Keene
mentions is urged as a reason against restitution, yet could they be produced (which

55] AMERICA AND WEST INDIES 1738 2J

care is taken to render impracticable in the case of private merchants) we yet apprehend
restitution would be as far off as ever ; for we do not know of any one single instance of
any restitution having been made by the Spaniards from the time of the Treaty of Seville
to this hour except a trifle in the case of the Anne galley not near sufficient to defray the
expenses of solicitation, though by that treaty restitution was stipulated to be forthwith
made of the several cases included in it, and we are sure we may safely refer to Mr.
Keene himself, who has been at the court of Spain ever since that treaty, to point out
one single instance of restitution from that time to this. If restitution in the present
instances is to be delayed till those accounts mentioned in Mr. Keene's letter are pro-
duced it will never be made at all because the Spaniards will themselves take care we
never shall have it in our power to produce them.

With regard to the letter of the Marquis de Torreaneva and the declaration thereto
annexed, you will observe that it plainly appears from this letter of the marquis that
several of \htguardacostas in the Spanish West Indies are not duly commissioned pursuant
to what was agreed on by this declaration, and particularly that no security had been
given which manifestly shows (as we apprehend it) that all the depredations which have
of late years fallen so heavy on the trade and navigation of this kingdom in those parts
have been carried on not only with the privity and permission, but under the protection
and by the orders of the crown of Spain. For otherwise it is hardly to be conceived that
any governors under the crown of Spain would have dared to have granted commissions
without observing all the requisites mentioned in this declaration or if they had that
some more severe notice would not have been taken of such their misbehaviour than
what is done by the said marquis's letter, unless it could be supposed (which it never can)
that the crown of Spain has not power to enforce the execution of their own orders.

We would now speak a word to those instances of commissioning guarda-costas in
which security has been taken, and here the governors of the crown of Spain have
managed matters so that, though the security be taken in name, yet in reality it comes to
the same thing as if there was none; for the sum in which security is given by the owners
ofnguarda-costa is, as we are informed, very small, and few or none apply for these kind
of commissions but such who are of desperate fortunes. But this the governors contend
is complying with the letter of the declaration, and a compliance with it in its literal sense
is all that is even now required by the marquis's letter, but this cannot with any shadow
of reason be considered as complying with the true meaning of this declaration. And as
to any additional security being derived from that part of the declaration which subjects
the governor and places him in the room of the security in case they are insufficient, you
will easily credit us when we assure you he is out of the reach of any power but that of
his own royal master; and it is a fact notorious that the Spanish governors have a share
in the captures as the consideration of their granting the commission, this shows you at
one view how improbably it is that the British traders should look for or expect any
assistance from a governor thus circumstanced and how secure on the other hand the
Spanish captors are of every help in his power to give them.

As the persons who take out these commissions are generally of the meanest and
most desperate fortunes so, if they cannot within the six months which is the destined
time of their cruise meet with any lawful capture, they are under a necessity of taking
those who are not so; for otherwise on their return they are disabled to go out again
upon a second cruise. And that they are determined to take whatever falls in their way
plainly appears from the instances of the several captures lately laid before you and from
their own confession in the case of the ship St. James, where they freely owned to the
crew of the ship that they were fallen into bad hands and this before it was possible for
them to discover whether there was any contraband goods on board or not. From

28 STATE PAPERS COLONIAL [55

these facts laid together we submit it to your consideration whether there is not a strong
foundation to insist that no vessels ought to be fitted out in time of peace by any of the
Spanish governors but at the expense of the crown of Spain and by the king's commis-
sion ; and that all other ships pretending to be guarda-costas or cruisers should be deemed
pirates and treated as such, in which case it is to be presumed that no captures would be
made but such as were really legal, or if there should the application for restitution
would be plain and easy. This will appear the more necessary and reasonable to be
insisted upon, it being the general custom and usage in the Spanish West Indies for all
who engage in these cruising voyages to do it without any certain pay, each man being
by agreement to depend entirely for his reward out of the captures they shall make so
that they are really in all respects saving only their being protected by the authority of a
Spanish commission on the same footing with freebooters and pirates.

With regard to the declaration which accompanies the marquis's letter, this we
apprehend to be nothing more than a copy of that agreed upon in 1732, and as it has
never been observed from that time to this there is very little reason to expect it will be
observed now when the Spaniards seem to carry their insults on this nation to a greater
height than ever and when the letter that accompanies this declaration only recommends
its being observed in its literal sense, and that too according to our judgements in a very
cool and indifferent manner. Whereas was the crown of Spain in earnest in this matter,
we cannot help thinking that when it appeared to the satisfaction of the crown of Spain
that so solemn an engagement as this declaration of 1732 had been most shamefully
broke and eluded by their own governors, they would have inflicted some exemplary
punishment on the violaters of it. But nothing of that kind has been done ; neither has
any governor been recalled for his disobedience, nor is there in this letter of the marquis's
any directions to the governor so much as to question these cruisers who have been out
without being duly commissioned nor the least censure passed on the governors for
granting such commissions. That cruel and inhuman monster who cut off Captain
Jenkins's ear (a fact formerly laid before you) instead of being punished or questioned
for it has been rewarded for his barbarity with the charge of several commissions since.

With regard to the cedula for restitution of the ship St. James on the terms therein
mentioned, we will first inform you of the manner observed in deciding British property
in the Spanish dominions in America and then submit it to your consideration whether
in reason or justice those terms ought to be complied with. The manner of deciding
English property in these parts is this: they keep the master and crew all confined as
prisoners on board their ship till after the trial is over, but to preserve the appearance of
a trial a Spaniard is set up by the governor and constituted a party in lieu and stead of
the owners. This Spaniard without ever consulting with the master or crew makes what
may with great truth be called a sham defence and the ship is condemned. From this
sentence of condemnation an appeal lies to the Council of the Indies in Old Spain, on
which appeal, as we apprehend, no new defence can be made nor any evidence received
or read that was not laid before the courts below.

This being the true state of the case, should the owners of the St. James give security
to abide by the determination of the Council of the Indies in Old Spain, it would in
effect be the same thing as owning the capture to be just. For is is very easy to imagine
what kind of defence it was, if any was made, when the person who made it must have
been set up by the governor whose interest it was to have it condemned and when the
persons who were interested to preserve the ship and show the capture to be illegal
must have been strangers to the defence which was made for them; and it is natural to
conclude the master and owners must be in a very hopeless situation if their property is
to depend on the defence which their avowed enemy thought fit to make. All the sea-

57] AMERICA AND WEST INDIES 1738 9

papers and ship-documents are the very first things the Spaniards seize and which are
the principal, if not the only, evidence out of which the defence of the claimants must
arise, and these are either destroyed by the captors or else kept by them who continue
out at sea on their cruise till the expiration of their six months, so that it is impossible
for these to have been produced on behalf of the claimants at Porto Rico or to be laid
before the Council of the Indies at Old Spain.

We likewise submit to your consideration the great unreasonableness of giving
security in any case to restore a thing which is not put into the possession of those who
give the security before or at the time they enter into it. It being against all reason to
give security to restore that which we have not, restitution (with the utmost deference)
ought to precede the security (in case any was proper to be given) or at least ought to
go hand in hand with it, and from the success of former ones a Spanish cedula for restitu-
tion does not in any respect, in our opinions, deserve such credit to be paid to it.

But were these difficulties out of the way, yet it seems to us a most insulting request
that where a British ship appears to have been taken in so violent and unjustifiable a
manner under a Spanish commission so apparently in breach and defiance of all the
treaties subsisting between the two crowns that such a security or that any security
should be insisted on previous to the restitution and which, should it be given, would
we apprehend be made use of as a very strong argument to justify the seizure and to
show that the issue of this affair was by ourselves put upon a very different footing from
that we first set out on.

We think this ought to be considered as a matter of a national concern and national
consequence and not merely as a private application from those who have suffered for
private restitution. We think the views of the court of Spain seem to be more calculated
to amuse than to redress. But we hope the memorial Mr. Keene has received directions
to present to the court of Spain upon our late most humble application to the throne
has received a very different treatment and that in consequence thereof the unhappy
sufferers by the Spanish depredations will obtain speedy and ample satisfaction and the
commerce and navigation of the British subjects be protected and secured. Signed,
Thomas Butler senior, agent for Nevis, John Yeamans, agent for Antigua and Mont-
serrat, Richard Coope, agent for St. Christopher's, Francis Wilks, agent for New England,
John Sharpe, agent for Jamaica and Barbados, Roger Drake, Peter Delamotte, James
Knight, Samuel Bonham, Thomas Tryon, Rowland Frye, Charles Pole. [Seven last-
named sign] by order and on behalf of the merchants trading to the British Plantations in
America. 3 large/)/). Endorsed, Reed. 9 February 1737/8. [CO. 5, ),fos. 1 5 3^-1 5 3^.]

56 Memorial of David Dunbar, Lieut.-Governor of New Hampshire
[February 9.] an d Surveyor of H.M.'s Woods in America, to Council of Trade and

Plantations, praying for answers to his former petitions in July last and recapitulating
ill-usage at the hands of Governor Belcher who has now abandoned Fort Frederick and
left without defence the inhabitants settled there. Signed, i p. Endorsed, Reed., Read 9
February 1737/8. [CO. 5, 880, fos. 89-90^.]

57 Council of Trade and Plantations to the King, proposing James
February 10. Crockat and Edmund Atkins as members of council in South Carolina

Whitehall. - n ^ room o f Q \ Thomas Broughton and Arthur Middleton,
deceased. Entry. Signatories, R. Plumer, Monson, Arthur Croft, Edward Ashe. i p.
[CO. 5, 401, p. 249; draft in CO. 5, 381, fos. 262-263^.]

30 STATE PAPEfcS COLONIAL [58

58 Thomas Hill to President William Bull acknowledging letter of 10

n' December last and recommendation of Joseph Blake and Charles
Pinckney as persons proper to be councillors. The Council of Trade
and Plantations would have obliged you but that James Crockat and Edmund Atkins
had been well recommended before receipt of your letter. Entry. \\ pp. [CO. 5, 401,
pp. 250-251-]

59 Unsigned and unaddressed letter. We are much alarmed here by an
February 10. expedition of the Spaniards at Havana, an account of which take as

artagena. f o ii ows i n t h e words of Capt. McCulloch, commander of sloop in the
Asiento service, who is actually detained at St. Jago de Cuba by order of the captain-
general of Havana upon that account. He writes there are 3,000 regular troops in
Havana besides the garrison and that their transports are all ready and flat-bottomed
boats to go up the rivers, and they have four men-of-war of the line, two of which are
just come from Spain; and that they are to be joined with 5,000 troops from Mexico
and 4 men-of-war which they have lying at Vera Cruz. This expedition is designed
against Georgia and Carolina, and very probably they are now employed in the trans-
portation of the troops. This account agrees with all the accounts I have been able to
learn from the Spaniards. We cannot understand from what comes the report of their
being joined with 5,000 troops from Mexico, for there are no such troops there unless
it be some French troops from Mississippi, so that the last part wants confirmation. How-
ever it has such a bad aspect here we begin to look out for the worst. \\ pp. Copy.
Endorsed, Reed, in London n April 1738 via Jamaica. Copy sent to Mr. Keene, 12 April
1738. [CO. 137, 56, fos. 91-92^.]

60 Extracts of two letters in Mr. Drake's of 10 February 1738. (i) Jamaica,
[February 10.] 25 November 1737. Enclosed are two paragraphs of a letter from

Havana where they make no scruple of declaring their intention of taking every English
ship they can overcome. We have been for some years on a very bad footing in respect
to the Spaniards. We have had such floods of rain with hard gales of wind that I fear
we shall not make so much sugar next year as we expected, many plantations having
sustained considerable damage thereby. (2) Havana, 7 September 1737. The expedition
against Georgia is now publicly declared. About 400 soldiers with stores are arrived
from Old Spain and these it is said are to join about 2,000 more which will be sent from
Vera Cruz. So that by next spring we shall see where they are to be employed. Kguarda-
costa of this place has sent in the following prizes: Prince William, Capt. Kineslagh;
George, Henry Weir; Loyal Charles, Benjamin Way; Dispatch, Charles Delamot; and a
Dutch ship and sloop. She is now cruising about six leagues off this harbour in order
to intercept all our merchant-ships bound through the gulf. N.B. It is imagined those
ships are designed for transports on some expedition in the spring, probably against
Georgia. Copies. i\ small pp. Endorsed, in Mr. Drake's of 10 February 1737/8. [CO. 137,
56, fos. 93-94^.]

61 The case of the blank patents in North Carolina, with the opinion of
February 11. the Attorney-General and Solicitor-General thereon. In or before

1724 the Lords Proprietors ordered their governor in North Carolina to shut up the
land office, which was a prohibition from granting any more lands except by order of
their Board in London, and then at 2o/. sterling per 1,000 acres payable in London.
Nevertheless some leading men of the province prevailed on Governor Everard to sign
patents on various pretences, the principal of which was in 1728 when land was granted

62]

at 2o/. per 1,000 acres to raise money to pay those concerned in the running of the
boundary between North Carolina and Virginia. Patents were issued for 400,000 acres,
four times what was necessary to defray the cost of the boundary. Most of these patents
were issued after the king's purchase in 1729, but before a crown governor arrived.
The patents were signed and sealed, but the person's name, number of acres, description
of the boundary and the sums paid, were left blank to be filled up as the Lords Pro-
prietors' officers thought fit. The governor therefore had no power to grant such patents,
and those he granted were deficient in all the requisite forms. The people of the colony
object that they have paid a value for their patents and should not lose their rights;
that it was at all times the practice of the colony for the governor to sign blank patents ;
and that in the Act for the sale of North and South Carolina to the crown there was a
clause inserted upholding patents made by the Lords Proprietors either in England or
the provinces before i January 1727. The governor replies that the patents were obtained
by shameful collusion with the Lords Proprietors' officers and were not preceded by
regular surveys; that dates have been filled in since H.M.'s purchase; that the prohibition
upon the Lords Proprietors' governor granting land was well-known ; that all the rich
lands have been fraudulently engrossed; that if H.M. gives the patentees preference in
taking out new patents at quit-rents of 4J-. proclamation money per 100 acres they have
no occasion to complain ; and that the confirmation of grants made before i January
1727 was not intended to extend to grants that were originally null and void. The quit-
rents of most of the patents under the Lords Proprietors are 6d. and is. per 100 acres;
those under the crown are at 4*. proclamation money per 100 acres.

The answers of the Law Officers to the queries put to them are as follows: (i) That
patents granted after the Lords Proprietors had ordered the closing of the land office
may be good, if the Lords Proprietors were privy to the grants or if they received the
consideration for them; otherwise not. (2) That patents granted by the Lords Pro-
prietors' governor after the king's purchase and before the arrival of a crown appointed
governor are not good. (3) That the clause in the Act of purchase about quieting
possession of grants refers to patents made before i January 1727. Considering the
extraordinary circumstances and that the crown had no notice of the grants at the time
of the purchase, there is great reason for a strict enquiry into the validity thereof and to
void them for irregularities. The grants made for defraying the expense of the boundary
line seem to stand in a more favourable light. (4) That blank patents are void. But if
they have been attended with long possession and are not otherwise fraudulent, they
ought to be supported. (5) That patents issued without descriptions of boundaries are
void. (6) That the question of warrants issued many years before the grants depends on
particular circumstances. (7) That the lands of those who have possessed themselves of
more than their grants allow may be resurveyed and remedy taken by information in a
court of equity in the province. But those whose grants were made before 1727 have
the benefit of the Act and are not liable to resurvey. (8) That the proper method for
vacating grants is by information in the proper court of the province, and in case of
error there by appeal to H.M. in Council. Signed, D. Ryder, J. Strange. 12 pp. Endorsed,
Reed. 13 February, Read 14 February 1737/8. [CO. 5, 295, fos. 108-114^.]

62 Order of King in Council approving of George Thomas to be deputy

February 15. governor of Pennsylvania without limit of time and of the three

t. James s. count i e s of Newcastle, Kent and Sussex during H.M.'s pleasure only.

Thomas, being now in the Leewards Islands, may give the usual security for observing

the Acts of Trade and qualify himself as by law required before the governor or a

3* STATE PAPERS COLONIAL [63

lieut.-governor of the Leewards. Copy, certified by W. Sharpe. \\pp. 'Endorsed, Reed. 28
March, Read n April 1738. [C.O. 5, 1269, fos. 10, lod, 14, 14^.]

63 Same, approving an Act passed in Virginia in September 1736, to dock
February 15. the entail of certain lands whereof Lewis Bur well is seised. Copy,

nes ' s> certified by W. Sharpe. i\pp. Endorsed, Reed. 28 March, Read 13 April
1738. [C.O. 5, 1 324, fos. 126*7, 126^ dorse, 129, 129^.]

64 Same, approving draft commission to Lewis Morris to be governor of
February 15. New Jersey. Duke of Newcastle to prepare warrant. Copy, certified by
St. James's. w Sharpe , p Endorsed, Reed. 28 March, Read 13 April 1738. [CO. 5,

973, fos. no, nod, 115, ii)d.]

65 Same, directing the governor of the Leeward Islands or any lieut.-
February 15. governor there to administer the oaths required by law to George

ss< Thomas, appointed deputy governor of Pennsylvania, and to take
security of 2,ooo/. for his observing the Acts of Trade. Copy, certified by W. Sharpe.
i\pp. Endorsed, Reed. 28 March, Read n April 1738. [C.O. 5, 1269, fos. 10, lod, 13,

66 Minutes of meeting of Trustees for Georgia. Read a petition to
February 15. House of Commons for supply to enable the Trustees to provide for

a ace ourt. ^ f urt h er establishment of the colony. Sealed the same, secretary to
countersign, i p. [C.O. 5, 687,^. 56.]

67 Petition of Trustees for Georgia to House of Commons. Since their
February 15. l as t application the Trustees have been put to very great expenses in

fortifying their settlements against the Spaniards who threatened Georgia with invasion.
The inhabitants were hindered in cultivation of their lands. Foreign and other Protes-
tants have been sent over. A further supply is needed more effectually to establish the
colony. The situation of the province and the advantages that may arise from it are
important. The securing the friendship of the Indians is particularly necessary. The
support of the civil magistracy is necessary to be defrayed in the infant state of the
colony. Entry. Signatory, Benjamin Martyn. i p. [C.O. 5, 670, p. 337.]

68 Captain James Gascoigne to Harman Verelst. On my arrival this day
February 16. from the southward I received yours of 10 October wherein the

Road Georgia Trustees order two German families to serve me. Mr. Causton most
obligingly offered two families of my own choosing, but receiving
advice of a Spanish launch being arrived (from St. Augustine) at St. Simon's, I had only
time to choose one, of which Mr. Causton will advise you. I am preparing to return to
St. Simon's so soon as I can settle the account that has unavoidably happened between
the stores of the Trustees and myself by occasional supplies on each side. Signed, i small
p. [C.O. 5, 640,70. 51.]

69 Duke of Newcastle to Council of Trade and Plantations, transmitting
February 16. the following. Signed, Holies Newcastle, i p. Endorsed, Reed., Read 17

February 1737/8. Enclosed,

69. i. Resolution of House of Commons to address H.M. for copies of applica-
tions to H.M. for warlike stores from the Plantations in America with account how
far the same have been granted, i p. [C.O. 323, io,fos. n6-njd, 120, nod.}

73] AMERICA AND WEST INDIES 1738 33

70 Council of Trade and Plantations to the King. No objection appears
February 17. either to Mr. Fane or to us why the ordinance passed in South Carolina

26 June 1736 for maintaining free trade with the Creek, Cherokee and
other Indians should not be confirmed. But we submit to you whether it may not be
proper to let it lie by till the disputes between Georgia and Carolina shall be determined.
En fry. Signatories, James Brudenell, T. Pelham, R. Plumer, Edward Ashe. i pp. [C.O. 5 ,
401, pp. 251-252; draft in C.O. 5, 381, fos. 260-261^.]

71 Same to Committee of Privy Council, transmitting draft of additional
February 16. instruction for Edward Trelawny, governor of Jamaica, giving him

power to grant royal mines in his government. Entry. Signatories,
Monson, James Brudenell, R. Plumer. i p. Enclosed,

71. i. Draft of instruction referred to in covering letter. Entry. 8 pp. [C.O. 138,
i8,/>/>. 266-285.]

72 Harman Verelst to Thomas Causton, by the Brooke, Capt. Keete.
February 17. Since my last letter (n January, copy now sent), two more certified

cc ' accounts have been presented to the Trustees for payment, transmitted
to Messrs. Pytt & Tuckwell from Mr. Brownfield, the one for ml. os. ^d. and the other
for 9<D/. 9J. and both of them are unpaid as well as the 19617. ijs. fd. I believe the
merchants possessed of those certified accounts will choose to keep them here until the
Trustees hear from you what sum in sola bills you have reserved and will keep by you un-
issued until the Trustees' further pleasure shall be known thereon, which sum the
Trustees fear will not be great by reason of several of the abovementioned sola bills
being already come home for payment. You see the confusion created by your making
expenses before you had the sola bills to defray them and thereby are now unprovided
for, and you must regulate yourself to the contents of the Trustees' letter by Mr.
Stephens; and the Trustees direct you not to certify any account for the future to any
person whatsoever nor contract any expenses but those you are ordered to make and
have sola bills to defray, which you will be supplied with to the amount of all expenses
you are ordered to make. And for that purpose you will receive the established expenses
that are to be made for 1738 as soon as the Trustees know to what amount they will be
enabled to make those expenses go; and one-half of that amount will be sent you in
sola bills for that purpose at one time and the other half at another time, and no other
payments whatsoever will be made by the Trustees here but those for their sola bills.
The Trustees direct you to send them a remain of stores at Lady Day next both at
Savannah and Frederica and also an account of what credits have been given by the
stores to any and which of the inhabitants that have not been repaid at Lady Day next;
and if any debts due from the store at that time more than the certified accounts received
as beforementioned you must let the Trustees know. Entry, i p. [C.O. 5, 66j,fo. 5 3</.]

73 Lieut.-Governor George Clarke to Council of Trade and Plantations.

February 18. On 17 December I acquainted you that the assembly were adjourned
New York. Qr ^ s season, having first made good the deficiencies of the last
revenue, which were very considerable, and given some funds for a future support, the
application whereof they have reserved to their next sitting. Nor in all likelihood will
they then give it for a longer time than from year to year, that being the general disposi-
tion of the people as well without doors as within, hoping thereby to restrain a
governor from running into any excesses. For my own part, if I had nothing to consult
but my own ease and interest, it would give me no great concern since I think a moderate

3 XLIV

34 STATE PAPERS COLONIAL [73

use of power is the best and I am sure is most agreeable to my nature. But as former
revenues have been given for a longer time I think myself obliged in duty to H.M. to
endeavour at least to get it established on the same foot. How I shall succeed I cannot
tell. The grievances complained of in a late unhappy government have soured the people
and will make my task exceeding difficult, though as to other things I have had the good
fortune to succeed pretty well, having reduced the province to a state of repose little
looked for in so short a time. And yet you will easily imagine that it will require a longer
to wear out the memory of unkindnesses so lately and so warmly done by each party to
the other. But a steady course of moderation in the administration of the government,
if there be no prospect of a speedy alteration in it, will I hope in the course of a few
years perfectly restore them to a mutual benevolence.

For my own part I think I may very justifiably make use of all advantages to obtain
a settlement of the revenue for a term of years and shall soon have one which, if you
approve of, it may answer the end. It is this: about twenty years ago the excise on
strong liquors, which before that time had all along been appropriated to the revenue,
was given towards the sinking a large sum of paper money then struck to pay the debts
of the government. This fund will expire in 1739 when, as I am informed, there will
be nigh 2o,ooo/. of that paper money unsunk. I presume therefore whenever the
assembly talk of continuing that fund or giving another to sink that paper money I
may then insist on a revenue for a term of years as a condition of my assenting to such
bill. But yet I would fain have your opinion and commands thereon before it be brought
on the carpet, which probably may be next summer; nor must I too much rely on that
expedient but make use of it in conjunction with other things to win them to the like
measures that former assemblies have taken, lest by insisting too highly and positively
on it I kindle a new fire in the province. For those paper bills will be in a multitude of
hands who will without doubts be very clamorous on that occasion.

One thing that the country have for several years complained of and borne with
much impatience is the long continuance of their assemblies, and to it they in a great
measure impute the party heats, animosities and divisions that have subsisted here, with
the decay of ship-building, navigation and trade. To that (they say) it is owing that many
people have left this province to go to Carolina, Pennsylvania and the several charter-
governments in New England; whereby lands in the country and houses in town are
much fallen in their value and in their rents. They look upon frequent assemblies as the
best and surest protection of their liberties and properties. It is to the laws subsisting
in the other colonies which I have mentioned for frequent elections that they ascribe
the happiness of those people, the increase of their trade, and the peopling their countries
in a few years past even beyond belief. Whether this be the sole or the prevailing cause,
it is certain that the people of this province passionately wish to be put by a law in the
like situation with their neighbours whom I have mentioned, hoping from thence to
retrieve their declining trade, navigation and ship-building and to see the province soon
replenished with white people. And truly I think it were to be wished that the provinces
under H.M.'s more immediate government were to be upon a foot as advantageous for
the encouragement of their inhabitants and of strangers to come and dwell in them as
the charter and proprietary provinces.

It is pity that this province, above all others as it is a frontier, should not be well-
peopled. If it was, the French would not take those large strides they have done and are
daily taking; they have already possessed themselves of the Crown Point and built a
strong stone fort there which cuts off all communication between us and the northern
Indians from whom we formerly had much beaver; they have possessed themselves of
Niagara whereby they may in great measure intercept the trade of the western Indians

73] AMERICA AND WEST INDIES 1738 35

in their way to Oswego ; they have attempted and had well nigh obtained leave of the
Six Nations to build a trading house at Tierondequat in the Senecas' country, which for
the present I have happily prevented and am now taking some measures to get from the
Six Nations some land to build a fort on at that place. If I fail in that attempt and the
French succeed, adieu to Oswego and all our fur trade, for Tierondequat will entirely
cut off our western fur trade, and what the consequences thereof will be to the trade of
England you know full well. Nor is the loss of our trade all that we are to apprehend,
for with it we shall lose the Six Nations. It is with much difficulty and a great annual
expense to this province in time of peace without any assistance from our neighbours
that we have and now still retain the fidelity of the Six Nations who, with us, in time of
a French war are the only barrier to New Jersey, Pennsylvania, Maryland, Virginia and
Carolina. And yet even then they give us no aid but leave us to defend ourselves as well
as we can. A people thus circumstanced, ever ready to defend themselves in time of war
and to cover the other British colonies, thus situated to carry on the fur trade which
centres in England to the great advantage of that kingdom, I presume to think deserve
your countenance in all things reasonable. For my own part I dare not interpose my
opinion whether this felicity depends so absolutely as they think it does on their having
frequent elections. It is sufficient for me to tell you that they themselves are fully
possessed with that opinion ; and in that confidence they did the last session pass an Act
for triennial assemblies, the event whereof they are so impatient for that at their request
I now send it to you by way of Boston before the other Acts can possibly be engrossed,
hoping that by your favourable representation it may obtain H.M.'s approbation and
that I may have it before the assembly sits, which I shall be obliged to put off as long as
I can for that purpose.

They did likewise the last session pass an Act empowering themselves to appoint an
agent independent of a governor or the council. But the council, who were not averse
to exclude the governor, would not be excluded themselves ; they therefore made those
alterations. But the assembly would by no means agree to them so that the bill dropped.
However the assembly having their triennial bill very warmly at heart sent their speaker
to me desiring me to be their agent to negotiate H.M.'s approbation of their bills and
especially of that bill. I said what I could in excuse, founded upon their bill for ap-
pointing an agent and upon other prudential considerations. But that would not do;
he answered me that the house reposed an entire confidence in me which showed
plainly in framing that bill they had no eye to me and they hoped I would not deny their
request. I found myself obliged to give in to their desire, hoping for your countenance
in it and that from H.M.'s approbation it may have a very good effect on the minds of
the people. I send you a copy of their resolve.

If it were not for the reason mentioned, vizt. that the people are impatient of living
in a province where assemblies subsist without limitation of time and for the inferences
they deduce from it, it were impossible one would think that this province should be so
thinly peopled, for our soil is as good or better than that of our neighbouring colonies,
they [lands] are to be purchased or patented on easier terms, the quit-rent is considerably
less than in Pennsylvania (the present growing colony), our land taxes none but such
as are for the necessary charges of the respective counties which are annually assessed
and levied by themselves and are very inconsiderable ; no province is more happy in its
situation for trade and navigation; this town is not above 21 miles from the sea having
a bold and safe channel to it for vessels even of a large size, and an excellent harbour
before the town; our inland navigation is inferior to none, for besides that to New
Jersey and Connecticut Hudson's river is navigable through the heart of the province
150 miles from New York to Albany; from Albany to Schenectady is but fifteen or

36 STATE PAPERS COLONIAL [74

sixteen miles by land and there you enter into the Mohawks river, which is navigable
for canoes and battows to the head of it, being about 120 or 130 miles; from thence
there is a short land-carriage of a few miles to the Wood Creek which leads through
the Oneides lake to Oswego and all the lakes and rivers even to the branches of Mis-
sissippi. It is from the Indians that inhabit near and to the northward and westward of
those lakes that we have our beaver in exchange chiefly for goods of the manufacture of
England.

With all these advantages this province, if it were populous, might extend its trade
to a far greater length. But it cannot be expected that they will make settlements in
remote parts while the lands nearer at hand are not inhabited ; for upon the first rupture
with France they must expect to quit them and retire for protection or to be cut off by
the enemy who, having already several forts between Canada and Mississippi, have
established a communication between those places which encompasses all the English
colonies on that side, will make them masters of all the Indians and Indian trade, and
enable them to annoy our colonies upon every occasion. And yet the assembly think
that things are not come to that pass but that they are still within a possiblity of a
remedy from the increase of people among us, which they assert can no way so well be
brought about as by putting the inhabitants of this province upon a footing as near as
possible with their neighbours in the frequent election of their representatives. This
they say will above all things promote that great end, those who are already removed
from the province will return to it again, others will be encouraged to come hither from
abroad, shipbuilding will again revive, and in consequence trade and navigation will
again flourish. Ironworks (of which ore we have great plenty) and the raising of hemp
(for the produce whereof the province abounds in swamps and meadows, the properest
land for it) will be set on foot either by private undertakings or by public encouragement.
In a word they impute every evil to the want of this Act and promise themselves every
blessing from H.M.'s approbation of it. Be that as it will, it is certain that the discontents
of the people have grown in proportion to the length of time that an assembly has been
continued beyond what they thought reasonable. I therefore hope for your favourable
representation of it to H.M. for his royal approbation and for your pardon for this long
address. Signed. ^ pp. Endorsed, Reed. 26 April, Read 2 May 1738. Enclosed,

73. i. Resolution of Assembly of New York, 16 December 1737, soliciting the
lieut. -governor's utmost endeavours in obtaining royal assent to the Act for frequent
election of representatives. Copy. Signatory, Lewis Morris, junior, Speaker. \ p.
Endorsed, as covering letter. [CO. 5, \o^,fos. 45-47^.]

74 Same to Duke of Newcastle enclosing the following. Signed. 1 1 small

February 18. pp. Endorsed, Reed. 26 April. Enclosed,

New York. ^ j Same to Council of Trade and Plantations of same date.

Copy, of No. 73. [CO. 5, 1094, Jos. 42-45 d.]

75 Harry Buckley to Harman Verelst. I have received yours of 12

February 19. October and Samuel Goffe with his indenture you forwarded me from

Fredenca. ^j f R^h^d Buckley. I have not yet received the 6/. i $s. sterling you

mentioned, which Mr. Causton has offered to receive either here or at Savannah. When

I receive it, I shall advise you so that it may be made good to the Trustees. Signed.

P.S. Pray give my service to Mr. Towers, i small p. [CO. 5, 640, fos. 53-54^.]

78] AMERICA AND WEST INDIES 1738 37

76 Samuel Eveleigh to Harman Verelst. I have for three months past

February 20. been very ill which has been the occasion that I have not sent you the
Carolina Gazettes during that time. About six weeks since here was a
report come down from the Creeks that the French had killed sixteen Chickesaws, upon
which this government sent an express up thither to persuade them to withdraw from
their ground and come down among other Indians in friendship with us. The messenger
is returned and as I understand has brought an account that the Chickesaws will come
down. I have no further news about them but that it is the Choctaws that have killed
the Chickesaws, and I hope they will be paid very well for their labour. I find the news-
papers are very acceptable to Mr. Causton and others at Georgia, so that the continuance
thereof will be an obligation. Signed, i small/*. [CO. 5, 640, fos. 55-5

77 Unsigned and unaddressed letter. The man-of-war sent down to

February 20. Havana to demand the captures is returned, having no other satisfac-
tion than the king of Spain would give credit for the same and that
they must have many more before the account would be balanced, and withal ordered
the man-of-war to be gone directly, having kept the lieutenant a prisoner one night.
That they have some grand preparation afoot is not doubted, not only because they
suffered no one to come on shore from the man-of-war's boat but the lieutenant, and
suffering him to go nowhere nor see even the factor but the governor being present, so
was not suffered to have any conversation with his fellow-subjects. Notwithstanding
this strange proceeding to endeavour to keep everything so very private, there is a letter
from Santa Augusta by the way of Carthagena that there have been a large number of
soldiers imported from Old Spain and that they daily expected more from Mexico. The
same person writes this expedition is to be against Georgia and Carolina and that
afterwards they intend to attack this island and that they are to be assisted with provisions
and shipping etc. by the French. The South Sea Company's factors here are very angry
at the publication of this news and would insinuate they have no intelligence of it only
because they believe it will be more difficult for them to take up shipping; they refuse
giving security or demurrage any longer than 30 days, on which footing none but a
madman will engage these precarious times. It is generally supposed the South Sea
agents are not only assistants in buying vessels here for the Spaniards to fit out for
privateers but also in supplying and advising them in an extraordinary manner, because
their supplies at this juncture seem to call [sic] more urgent. They sent a sum of
money to New York to have an extraordinary supply of flour; they have had 1,000
barrels already imported by the Mary, Capt. Robert Ratsey, of New York, and they
daily expect another ship from the same place with flour. They have also imported a
large quantity of beef. These unusual proceedings of the company agents at this juncture
are the cause of great speculation. P.S. From another house: there is a Spanish sloop
arrived here from Havana which forms a pretence to refit being disabled; whether she
will be detained as a spy is yet uncertain. Copy, z J pp. Endorsed, In Mr. Jenkins's to Mr.
Drake of 8 April 1738. [CO. 137, 56, fos. 89-90^.]

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

February 22. following papers for consideration and report. Signed, Holies Newcastle.
i p. Enclosed, Reed, i March, Read 8 March 1737/8. Enclosed,

78. i. Petition of James Wimble, late master and principal owner of the Rebecca
brigantine, to Duke of Newcastle and Lord Harrington; London, 18 September
1737. On 20 March 1731/2 petitioner put into Providence Island; there he and his
ship were detained by Governor Woods Rogers and forced to go on the king's,

38 STATE PAPERS COLONIAL [79

service to protect the people then working at the salt ponds. After this service,
petitioner was sent to Abico to fetch timber for the garrison and then to Rum Key
to take in salt. At Rum Key on 4 August 1732 the vessel was driven ashore by a
hurricane, broken up and lost. The loss of ship and goods amounted to 2,5007. and
petitioner seeks reimbursement. Signed. 3 pp.

78. ii. New Providence, 25 March 1732. Commission by Governor Rogers to
Capt. Wimble, commander of Rebecca, 10 guns and men answerable, to proceed to
Exuma and other salt ponds and there rake salt with as many men as he can spare
from the guard he is obliged to keep on his ship ready to fire alarm guns when he
discovers any danger from the Spanish piratical sloops or other vessels that have
sundry times done great damage to the inhabitants of these islands at this season of
the year. Capt. Wimble is empowered to summon all men capable to assist in
defending the salt ponds aboard his vessel and they are upon any alarm to retire at
once on board the Rebecca and there, under his command, defend themselves and
try to seize any pirate who attacks or disturbs them. Such pirates are to be brought
to this port and tried according to law. Copy, certified at Tottenham-court Road,
23 January 1737/8, by Chaloner Jackson. Signatories, Woods Rogers, William Shott,
deputy secretary, i p.

78. iii. Protest sworn at Newport, n October 173 2, before Richard Ward, notary
public of Rhode Island, by James Wimble, master, John Snell, mariner, and Francis
Leture, mate, lately of the Rebecca. \The circumstances of the loss of the said ship are as in
No. 78. i.] Wherefore this protest is made against Woods Rogers, then governor of
New Providence, against his detaining the ship, and also against the boisterous winds
and seas as the only and sole cause of all the damages. Copy, certified by Joseph
Marion, notary public in Boston, New England, 1 5 November 1732. 3^ pp. Endorsed,
as covering letter. [C.O. 23, 4,fos. 42-48^.]

79 Minutes of meeting of Trustees for Georgia. Rev. John Wesley
February 22. attended and delivered a narrative of his own relating to the complaints

ace ourt. Q ^j rs Williamson, and three certificates, one signed by James Burnside
dated Savannah, i November 1737, another of same date signed by Margaret Burnside,
and another signed by Charles Delamotte dated Savannah, 25 October 1737. \ p. [C.O. 5,
687, p. 57.]

80 Governor William Mathew to Alured Popple. I have delivered to
February 23. Capt. Fellowes directed for you a box containing an Act of Nevis to

prevent negroes and other slaves from selling anything without a
ticket from their masters, copy of minutes of assembly of Montserrat for quarter ending
Christmas 1737 and transcript of minutes of council of that island ending Christmas 1737.
On receipt of their lordships' orders relating to my transmitting the evidence against the
two Johnsons as it appeared before the council and assembly of Antigua, I wrote from
St. Christopher's to the lieut. -governor of Antigua and to the speaker of the assembly :
the speaker returned to me the enclosed answer. The council I found on my arrival here
had done nothing in it, for no regular minutes had been entered by the clerk on those
trials. But now a committee is appointed to gather from their memories and from
private notes they then took something of a summary of the evidence. From the time I
left this island in April last no business has been done and the island has greatly suffered
in its public credit. A controversy had arisen between the houses on a point of privilege
and I found them greatly divided; but by mediating the matter between them on my
arrival all that is past is buried in oblivion, both houses are entirely reconciled, and we

82] AMERICA AND WEST INDIES 1738 39

arc going most diligently on public business towards retrieving the lost time. Signed, z

small pp. Endorsed, Reed, i May, Read 2 May 1738. Enclosed,

80. i. Speaker of Assembly of Antigua to Governor Mathew, 3 January 1737/8.
The letter you wrote concerning the evidence for and against the Johnsons on their
trial before the assembly I waited on the [lieut.-] governor with the day after I
received it; and at a meeting of the assembly about four days after that I laid it before
the house who directed me to inform you that no minutes of that evidence were
taken by the clerk or any other person by order of the house. There were some few
gentlemen who for their more serious consideration took down what was given in
evidence, but that I believe has not been very carefully preserved: Mr. Warner's,
whose [notes] were more regular and correct than most of the others, were lodged
with Mr. Kerby the former speaker, but could not that day be found, nor has it since
been heard of, but if it had could not be attested as you require. If you think that or
any other copy from one of the members of the assembly will give any light to the
Lords of Trade and will give me directions I shall endeavour to procure the most
full and correct evidence that has been preserved of that matter. I hope you will
excuse my not answering your letter sooner, this being the first opportunity I have
met with since ; as I live in the country and Mr. Kerby 1 , whom I desired to give me
notice of any that offered, forgot to do it, I believe some have been that I could not
be apprised of, and this I hear of by mere accident. Copy, certified by William Mathew.
Signatory, Stephen Blizard. 2 small pp. [CO. 152, z$,fos. 131-134^.]

81 Royal appointment of Samuel Horsey as lieut. -general of forces in

February 24. South Carolina. Entry, i p. [CO. 324, 37,/>. 109.]
St. James's.

82 Law Officers' opinion on the quit-rents of North Carolina directed to

February 27. Council of Trade and Plantations, (i) Copy of deed of 1667 of Lords
Proprietors of Carolina authorizing their governor of the county of Albemarle to make
grants of land : the law officers are of opinion that this deed was revocable at the pleasure
of the Lords Proprietors but not so as to affect grants already made. (2) Copy of deed
of 1669 of Lords Proprietors of Carolina authorizing their governor of that part of the
province lying to the south and west of Cape Carteret to make grants of land and laying
down the procedure to be followed, vizt. survey, oath of fidelity to proprietors, issue of
patent in prescribed form: the law officers are of opinion that if the deed includes the
county of Albemarle it revokes the previous one. (3) The law officers are of opinion
that the not complying with the directions prescribed in (2) is sufficient to render grants
void in law unless the grantees have had long and quiet enjoyment. (4) The law officers
are of opinion that the quit-rents may be paid in commodities according to the market
price thereof and that they should be paid at the general receipt of the province or on
the lands in respect of which the rent is paid, but not at other places appointed by the
crown. (5) The law officers are of opinion that, notwithstanding clause 83 of the general
constitution that Acts of the parliament should be of no force until ratified by the
Lords Proprietors, in general old laws which have been in use amongst the people and
acquiesced in are not void even though never ratified by the proprietors. Signed, D.
Ryder, J. Strange. i :/>/>. Endorsed, Reed. 27 February, Read i March 1737/8. [CO. 5,

295, /OS. II5-I2K/.]
WS. 'Rerby'.

40 STATE PAPERS COLONIAL [83

83 William Stephens to Trustees for Georgia enclosing duplicate of letter

February 27. o f 19-20 ult., continuation of journal from 17 January exclusive, and
the several present states of Frederica, Fort St. Simon, Fort St. Andrew
and Darien, in collecting the particulars of which several places I must say I met with
more satisfaction than in many things at that part of the province whence I came, where
a few turbulent spirits had created so much distraction among the people as very much
to disturb the peace of the place and endanger yet worse. But I hope we are growing
wiser and that a little more time will reduce those who may have been misled to right
reason when they see the persons lightly esteemed whom they took for clever fellows at
carrying on the good work of reformation and resigned up their own judgment to such
men's conduct, which cannot fail ending in contempt and shame deservedly. Far other-
wise at Frederica, there was no appearance of discord but everyone followed his own
business quietly, neither was there cause to complain of the least disobedience (as Mr.
Horton and the magistrates all assured me) in doing their respective duties to the public,
which comes pretty quick about as to the military part, ten men in their turn mounting
the guard every fifth night at the fort, which was done with great exactness whilst I was
there, and at their coming to relieve they were always exercised in the manual use of
their arms for half an hour by an expert person, which Mr. Horton told me was the
constant practice without the least marks of discontent, from whence it might be
inferred (I thought) what Savannah was in its infancy before they were corrupted with
the example of some of their borderers in Carolina and seduced into ill habits and
mischievous purposes by a few designing men who, wanting to grasp at power, grew
uneasy at their disappointment in it and endeavoured to make others so too.

It is to be wished indeed that there was a greater appearance of cultivating land at
Frederica than is yet to be seen, but great allowance may be made in behalf of their
plea why they could not attend it the last season as might have been expected, and I am
bound in justice to them to say that they show themselves generally in earnest now to
retrieve lost time and most of them are doing what they can. I took a pretty deal of care
to be as particular as possible in the account I have given of their proceedings in it,
great part of which I can vouch for the literal truth of, having spent one whole day and
part of another among the lots and the rest I took upon the credit of Mr. Hird (the first
constable) who is a very knowing and industrious man together with others whose
veracity Mr. Horton assured me I might depend on. I heard but of one complaint
during my stay there which indeed was almost universal, and that was their want of a
little help, alleging the inability which a single person laboured under in many instances,
particularly in moving heavy logs, cross-cutting etc., and wishing they could be credited
with some servants among them, which they would pay for within such time as should
be required. This put my thoughts onto what I wrote in my last and I beg to add a few
words on this occasion. The more to obviate all objections, suppose the master should be
obliged to employ such servant in cultivating land wholly and to no other purpose and
at such a certain limited time for repayment as should be thought meet; in case of failure
therein, suppose master and man were both bound to work gratis a whole year on some
public work for the Trust, in a scout-boat for instance, or otherwise, I conceive great
good might hereby accrue to the colony and no detriment to the Trust. There seems
indeed to be a want of a few more hands there and it appears the more visible from what
is to be found at Darien. I must not omit to observe that in conversation with Mr.
Horton he told me he found himself under some difficulty in relation to the future
delivering out of stores of provision among the people, for the present establishment
expired (as he apprehended) on 2 5 March, now very near, and he was diffident of his
pwn judgment in what manner to proceed afterwards; wherein I could only offer my

83] AMERICA AND WEST INDIES 1738 41

sentiments (without being well warranted) that in such an exigence, as it could never be
the intention of the Trustees that any person of the colony should really want support,
undoubtedly it would be justifiable since there was plenty laid in to deal it out among
the people especially to such as laboured to good purpose in the same proportion as was
limited by the last orders, till the pleasure of the Trustees was further known. For what
I observed further during my progress I refer to journal and papers sent herewith.

The state of the several villages and other settlements in this part of the province
shall be my next care to transmit with what expedition I can, and last of all I shall
endeavour to send a true account of the improvements that have been made on the
several lots belonging to this town, which I am perfecting by degrees and is pretty
difficult to find the truth of as well as unsatisfactory among many of them when found,
though I have some hopes it will mend a little every day, is another reason why I make
it my last work of that sort, for several lately have taken it into their heads to go on again
and others to begin where I once had little hopes of any improvements this season, and
it is observable that a much better temper seems to have sprung up of late since the
decrease of some incendiaries who maintained a continual ferment among the people.
Several who were irritated by such declaimers to seek a better living in Carolina are
lately returned and others (I hear) returning now they find themselves misled and are
convinced they may live better at their old homes. I only wish that under such convic-
tion they may henceforward proceed with the more industry and fixed resolution in
cultivation of land. What remains principally an eyesore with me at present is to see the
same knot of Scottish landholders in the country now residing here, with one only
Englishman joining them, continue undissolved. The names of those of most sig-
nificance among them I mentioned in my last; they adhere closely together (which is
national with them in all countries) and seldom fail meeting at a tavern every night,
eight or ten or more, where they always sing the same tune. And whatever strangers
come to town some of these soon get acquainted with them, who too often (I fear) go
away under bad impressions of the colony. This I conceive would need some remedy
worthy your prescribing, but I am in hopes a little time will bring us one from among
you who is able to dissipate these and all other public dangers.

Please refer to my notes of 22 and 24 inst. 1 relating to the power which some people
among us are fond of assuming to themselves for administering oaths when upon the
grand jury. I submit it to your consideration how far it may be possible for a set of
ill-designing men, if a number of such should happen to fall together in the same panel,
to do mischief under a show of legality and stir up more contention than what has
lately happened, and which I am persuaded will die away unless new blown by a few only
whose aim is that it should not and who are best pleased when confusion prevails. Your
determination on this point is of such moment that I hope we shall not want it by the
first opportunity, to guide us in time coming. I am confident that the grand jury which
was empanelled this last court were generally well meaning, honest men; nevertheless
two or three hotspurs mixing among them persuaded them to believe it was their right
to administer oaths and therefore they ought not to give up their claim, which induced
them to go to the length they did, but they were wise enough not to be led further into
experiments at present. The whole proceedings of the court were carried on with great
decency and to good effect (except only where rum came in question which that jury
could not be prevailed on to declare any crime in the person who sold it). Mr. Parker,
the only magistrate on the bench, showed himself a man of ready apprehension and good
judgment, as the recorder also on his part was not wanting in his duty.

1 ln Journal.

42 STATE PAPERS COLONIAL [83

Mr. West, a freeholder in this town, being by marriage or otherwise possessed of
two lots, has newly sold one of them to a gentleman who lately imported a cargo of
provisions from New York in a brig which yet lies in the river, the cargo being sold.
His name is Provost, a young man of good appearance and lively spirit who has made
divers importations here of the like kind. It is said that he has very good substance and
purposes to keep a large store of provisions as well as dry goods and particularly sorted
for the Indian trade, all which (it is to be hoped) may prove beneficial to the place, more
especially the last; for unless the town is well provided with such (as I doubt it is but
poorly at present) Carolina may lay aside all jealousy of our being a dangerous rival.
But what gives me further good expectation from him is that he professes a hearty
design of improving the land belonging to his lot and has already been giving some
orders about it, so that he will show himself in that particular also deserving encourage-
ment. The number of the lot is 16, formerly in possession of Joseph Hughes, deceased;
the house in Derby Ward, rented at present by Mr. Purry who also keeps a store near
adjoining in partnership with Mr. Mountague, and undoubtedly they take more money
than any (I had almost said all) of the stores in town ; but I do not hear of any they
expend among us nor dare they venture at improving lands in Georgia since they do it
so much more to their liking on the other side of the water a few miles up the river.

I fear some indirect practices have been used to wheedle away the family of Camouch
(who have the management of the silk) into our neighbourhood of Carolina. It is
possible I may come at a more perfect knowledge of it than I can yet warrant, wherefore
I forbear mentioning any name. But I hope it is timely stopped and that those people
will not leave us for want of being well-encouraged to continue where they are. Mr.
Causton assures me they shall not have any reason to complain of that : if the attempt
was made by one who is suspected, it might be little expected from thence. But I say
no more.

By my journal of 21 and 22 ult. you will see how my last packet went by Capt. Adam
Montgomery from Charleston. You may observe how precarious our correspondence is
with that place and be the more confirmed (I hope) of how great use such a boat would
be Jis I proposed in my last. I have to wait to send these dispatches till Mr. Causton's
are rtady. I do not complain of him, having met with no other than courteous treat-
ment from him, but possibly he thinks he ought not to be behindhand with me in
writing. But I conceive you intended I should not wait for others, especially in view of
your order that I should give notice to the inhabitants to bring their letters to me once
a fortnight to be forwarded safely, which may have some effect in time though no letters
are yet committed to my care.

I should say something before I close of the long variance betwixt Mr. Causton and
Mr. Bradley, but that is of so extensive a nature that I scarce know where to begin nor
where it would end. I have made some few observations in my journal on the frequent
appeals made to me from one and the other. But it is become now a controversy of such
weight that I dare not take upon me to decide it. Mr. Bradley probably will set forth
those grievances he complains of himself and lay them before you ; and Mr. Causton
(I know) will make a full representation of all that he has done in his own vindication.
The account he showed me of the total charge he had against Mr. Bradley out of the
stores I must say appeared exceeding strange, and I doubt Mr. Bradley's open opposition
to him in general during those tumults which lately happened and so much disturbance
of the public peace may have whetted Mr. Causton's resentment and provoked him to
show he was to expect no favours on his part; and Mr. Causton's expounding your
orders relating to the German servants under Mr. Bradley's charge in the manner he
does, by allowing them to get other masters for themselves and, so paying for their

85] AMERICA AND WEST INDIES 1738 43

passage, get a discharge from their present service, I apprehend he thinks he may be
well justified in, since he sees that scarce any of them have been employed by Mr. Bradley
in the public work which they were sent to do since they came. But Mr. Bradley com-
plains of this as the highest injustice. I must own the only danger I apprehend from it is
lest those poor people whom you expect to be dealt tenderly with should happen to fall
into the hands of some private masters who may use less of that than they ought. Other-
wise in all appearance the public was not like to receive much benefit of them yet awhile.
The town-clock now striking puts me in mind to acquaint you that your orders to set it
going were executed a few days since, and it stands near the top of one end of the stores,
which is the most eminent and conspicuous place at present in town. Signed. 6 small/)/).
Endorsed, Arrived 27 May. [C.O. 5, 640, fos. 57-60^.]

84 William Stephens to Harman Verelst. The paper relating to our
February 27. artillery at Savannah was incorrect, it being brought to me so late (I

having returned it as imperfect) that I took it upon credit. I found the
fire of the ball disproportionate to the bore of the cannon and have now got it rectified
by the gunner and send it amended. The part relating to the store of arms and ammuni-
tion I see no reason to alter. Mr. Causton lent me a Highland woman for a servant,
highly recommended by Capt. Thomson. But she is pregnant, the author being of her
own country and brought over half a score servants with him in the same ship. See
what luck I have with wenches. My servants have been frequently sick but I hope to see
14 or 1 5 acres cleared, fenced and planted this season of thick-timbered land. I wish Mr.
Bradley in so long time here had improved many acres more ; but I would not anticipate
what he has to offer in his own justification. I wish it may appear in a better light than I
can put it.

We have long been expecting further news of those commanders we were bid to look
for. We should be wrong to expect our captain-general before his troops, but Mr.
Crockatt is said to have given it out at Charleston that he will not be here until the end of
summer. So we cannot tell what to make of it till some ship brings dependable advice;
then surely we may expect to know who is governor of Carolina too. Signed. P.S. My son
begs you to send his letter for Isle of Wight by ordinary post and his other to Mr. Black-
ford by proper conveyance. The other is from Mr. Smallwood at Frederica. zj small/)/).
[C.O. 5, 640, fos. 6i-6zd.]

85 Governor William Mathew to Alured Popple. I have been informed a
March 1 . French guarde de cotes chased and took close to the town of Old Road in
Antigua. g t Christopher's, since I left that island, an English sloop, and that an

English sloop or schooner but justsaved herself by getting under the battery. The presi-
dent of that island has given me no account of it, but by the letter of the governor of St.
Eustatius (copy enclosed) there must be some truth in the report and some other seizure
made by them of which as yet I know nothing. Their dispensing with their king's edict
at pleasure is evident from this letter. I pray you lay these before their lordships. Duplicate,
original since received. Signed, i small/). Endorsed, Reed. 19 April, Read 20 April 1738. En-
closed,

8 5 . i. Governor of St. Eustatius to Governor Mathew, St. Eustatius, 20 February
1738. I have received your letter of 5 January and taken notice of the reasons why
you cannot reimburse the inhabitants of this island. I have informed my masters who
will determine it with the king of Great Britain. As for the account of Sieur Germa
not being found with the others in French, you have only to look at those I sent you
at St. Christophers' and you will find it already in French. You will know what has

44 STATE PAPERS COLONIAL [86

happened with two French guardes de cotes in your neighbourhood. I do not know
why steps are not taken to remove them, but I think that that would help to make
your case a strong one in Europe against the French who otherwise will become as
bold as the Spaniards. I have no news from Europe. You will already know of the
burning of Martinique : it is rumoured that the French have made a decree whereby
the English from the north may bring materials for rebuilding destroyed houses. It
would be up to you to forbid this. French. Copy, certified by William Mathew. Signa-
tory, J. Faesch. i p. [CO. 152, 23, /0j. 125, iz^d., 128-129^.]

86 Thomas Causton to Trustees for Georgia, enclosing account of

March 1. stores received on arrival of Thomas Stephens on 21 December, as
also names of passengers who came with him, among them Isaac
Gibbs, being desirous to live near John Amory with whom he seems to have contracted
an intimacy, has waived his settling at Abercorn and is settled with Amory on a spot of
land lying between Tomo Chachi's land and that intended to be granted to Joseph
Watson. As Mr. Gibbs had brought with him sundry goods which he hopes to dispose
of to advantage, I have (till such disposal can be) credited him with necessaries for him-
self and family, being not otherwise in his power so to do ; whereby he is enabled and
has begun to cultivate his land. Mr. Amory and he are both well pleased with their
situation, but Samuel Wathey did not arrive here of which I have taken notice in my
journal. The servants sent by the Three Sisters were put into employ according to the
enclosed lists to wait the arrival of Gen. Oglethorpe according to your orders, whereby
you will perceive I have literally executed them. But I think it my duty at the same time
to acquaint you that had not Mr. Bradley received your orders to demand them of me,
exclusive of those which you particularly ordered to be employed at the store, crane,
gardens, sawmill, and for Capt. Gascoigne, I should not have put them under his care;
whereby it would have been in my power to have made other savings than there is at
present any probability of making. My reasons for making this observation to you are
as follows : Mr. Bradley has not nor does regard the cultivation of your farms pursuant
to his contract or proposals to Mr. Oglethorpe in any degree but contrarywise is putting
you to immense and unnecessary charges by daily purchasing materials, hiring workmen,
receiving provisions and clothing for servants and self under pretence of your service
and at the same time applying them to his own particular benefit whilst he lets his own
servants to hire. That these expenses may particularly appear I herewith enclose his
account under such heads as might appear to you most intelligible, in which I should
have been more particular could I in any shape have induced him to have joined with
me in an explanation. But instead thereof I am daily pestered with accounts of his
clamours in all his conversations, reflecting upon you for owing him 5 or 6oo/. sterling
and upon me for not paying it, with many other things of much the same nature, the
particulars of which (as far as I could from time to time recollect) are set forth in my
journal. This behaviour of his is the more grievous to me and intolerable with regard to
you by reason I have constantly complied with many of his requests in compassion to
stories which he has from time to time related concerning the circumstances of his family.
I am sorry to say that after all this extravagant and insufferable behaviour he has never
employed nor suffered anyone of the German families to work on any of our farms but
has employed them wholly on a 5 -acre lot belonging to one of his sons, sometimes
pretending that he wants roads to be made to them and at others that he wants more
farms to be set out, although there are not 20 acres of the first farm yet cultivated.
Concerning this particular he has made great complaints against Mr. Jones the surveyor,
but as Mr. Jones removes these complaints from time to time by doing everything he

86] AMERICA AND WEST INDIES 1738 45

requires (of that kind) he is now withfout] such an excuse.

The rumours concerning Spanish claims and intentions against Georgia continue to
be very industriously spread here both by speaking, writing and printing. But the
measures which H.M. has taken by giving his commission to Mr. Oglethorpe and
ordering a regiment to protect his subjects in their possessions and the daily expectation
of the arrival of part of them under a lieut. -colonel convinces the people that the colony
will be effectually supported. As the obtaining this protection is an instance of your
unwearied endeavours for the people's safety, the invidious doubts (by the colony's
enemies) must consequently cease and the people with one consent allow that their civil
privileges and liberties will be also preserved and not fail so to behave themselves
towards our protectors as to demonstrate the sense we have of the obligations we are
under to H.M. for his particular care.

Mr. Robert Hay being gone to Carolina, I have given him notice that his grant is
arrived. Messrs. Crockatt and Seaman of Charleston have sent me (pursuant to your
orders) ten pieces of osnabrigs containing 1,070 yards for which I have given them a
receipt which is set forth (among other things) in the invoice mentioned to be received
31 January. Capt. Daubuz arrived here 16 January and delivered me your orders dated
1 2 October, as also the several stores as mentioned in the enclosed account to which is
subjoined the passengers' names who came by said ship. I received your orders by
Capt. Ayres dated 5 November last by way of Charleston on 3 1 January together with the
several particular stores etc. according to the enclosed account. Agreeable to these I
took the first opportunity of acquainting Mr. Bradley that I had received particular in-
structions relating to the German servants which I was ordered to communicate to them,
so desired him to let me know when it would be most convenient for those under his
care to come to me. He seemed to set a time, but as they did not come accordingly (by
what means I know not) I was prevented from telling them my instructions till I sent for
them by another hand which was not till 8 February. On which occasion they were well
pleased and very thankful for your care towards them. They desired some little additions
to be made to their stipulated allowances which, in consideration of the continuance of
their diligence and that they might be easy in your service and to raise their desire of
settling in the colony, I complied with as is particularly mentioned in my journal. Since
this, some of the said servants have received of me their passage money according to
Messrs. Hope's receipts. Several families of them have (as they allege) through Bradley's
ill treatment procured themselves masters who have answered to you in account for their
respective passages, and have made fresh agreements more to their satisfaction; the
particulars of these alterations (when the six weeks is expired) shall be transmitted.
Immediately on receipt of these last mentioned orders I acquainted Mr. Burton that I was
directed to assign over the indenture of John Evan to him on his paying me 6/. ]s.
sterling for your use. He at first seemed doubtful whether he would trouble himself
about it, but he is now endeavouring to raise it. I have acquainted Mr. West of his
promissory note but his present circumstances are in such a situation that it is with
great difficulties that I can preserve him from being torn to pieces by others; and on this
occasion I must repeat that your particular directions for regulating credit and suing for
debts which you promised by your secretary in his letter dated 7 March 1736/7 are much
wanted, daily instances occurring that many people to gratify their revenge for trifling
injuries seek each other's destruction, particulars of which will appear in my journal.

Mr. William Harris died here in August last leaving behind him a widow and one
child. As it will appear in my journal that I have as occasion offered resented his ill con-
duct here and in compassion to his necessities forgave it, I would certainly have dis-
missed him from all other further services (according to your commands) had he been

46 STATE PAPERS COLONIAL [87

alive when they arrived ; not will I at any time countenance the least ill behaviour in any-
one.

As I shall close all establishments to 25 March next I shall diligently observe your
orders with regard to Frederica and Darien by allowing the quantity of flour, rice or corn,
as is therein mentioned. George Sauftleaver, who by the recommendation of Mr. Bolzius
has undertook to deliver this at your office with his own hands, is an inhabitant of
Ebenezer, and as Mr. Bolzius informs intends to proceed to Germany with letters from
all the inhabitants to their respective friends advising them of their happy situation and
inviting others to apply to you that they might come to them. Vessels from the north-
ward frequently arrive here with provisions, and as it might be necessary as well to keep
the market low as to give encouragement for their coming when they may be more
wanted, I have hitherto bought such parts of their loading (with regard to common food)
which they cannot sell among the people. Upon these terms they readily tarry, being
well contented with my certificate to their accounts for payment. By this means the
colony is past danger of wanting necessaries, the establishments are in some measure
discharged by the issues, and a saving will evidently appear by the usual advance of the
prices. Though this occasions much trouble and renders accounts voluminous, it supplies
those deficiencies which will appear on the making up the several heads of limited
expenses till you can complete your orders and ascertain your several establishments.
Signed. 3 pp. [C.O. 5, 640, fos. 63-64^.]

87 Minutes of meeting of Trustees for Georgia. Received two tubs con-
March 1. taining 1000 vine plants, benefaction of Charles King of Brompton for

a ace Court. Georgia. Aid. Cater resigned from his office of Common Councilman.
Read, a letter of resignation as Common Councilman dated i March from Rev. Dr.
Bundy. 2pp. [C.O. 5, 687,^. 58-59.]

88 Council of Trade and Plantations to the King. On 7 October 1736
March 2. Chaloner Jackson, collector of Customs in the Bahama Islands, laid
white a . before us a petition containing several grievous complaints against

Governor Fitzwilliam together with several affidavits in support thereof, whereupon we
sent copies thereof to the governor requiring his answer. On 28 September last we
received the answer together with such affidavits and other proofs as he thought fit to
transmit for his justification. The said petition and answer are hereunto annexed.

Some time after, the agents of the governor and the petitioner were heard by counsel
on the matter of the said complaints. We shall not trouble you with the detail, but it
appears to us that the governor has been concerned in several branches of foreign trade
and that there is also very strong reason to believe that he has been concerned in keeping
shop for retail trade which was carried on for his profit in another person's name within
the island of New Providence to the great discouragement of other traders; that he beat
the petitioner for refusing to give a certificate that certain goods had been legally impor-
ted into the Bahamas whereas it appears to us by a certificate from your Custom house
here that no such goods were legally exported or had any cocket from the port of London
from whence the ship in which they were carried was cleared ; that the goods in question
were originally charged to have been imported on the governor's account but a prosecu-
tion was afterwards set on foot against the collector in the name of one Keowen for
refusing such certificate and judgment with excessive damages obtained thereupon, to
the ruin of the petitioner, though it does not appear to us that Keowen has any property
in the said goods ; that by reason of this ill-usage the collector was unable any longer to
do his duty there and obliged to fly to England for refuge and redress ; that in a cause

92] AMERICA AND WEST INDIES 1738 47

depending between you and one Lawford and Petty for the forfeiture of a navigation
bond, there happened a difference in opinion between the chief justice and the assistant
judge (who was likewise Naval Officer), the chief justice declaring the said bond ought to
be delivered up because the person prosecuted had produced a certificate from the
Custom house here that the condition of the said bond had been complied with, where-
upon the court was adjourned for some days and the chief justice dismissed from his
office, pendente lite, chiefly for discountenancing suits upon navigation bonds, though it
seems to us that his opinion on this occasion was both just and reasonable. These are
some of the most material complaints contained in Mr. Jackson's petition which in our
opinion are sufficiently supported. There remain likewise several other particulars upon
which we can form no judgment from the uncertain and contradictory evidence laid
before us. Entry, Signatories, Monson, T. Pelham, M. Bladen, R. Plumer. 4^ pp. [C.O. 24, i,
pp. 320-325-]

89 Attorney-General and Solicitor-General to Council of Trade and
[March 2.] Plantations. We have considered the two Acts of North Carolina, the

annexed answer to certain queries, and clause 83 of the general constitution, and are of
opinion that the Acts are not binding on the crown or people. Signed, D. Ryder, J. Strange,
i p. Endorsed, Reed., Read 22 March 1737/8. Enclosed,

89. i. Act additional to Act entitled Staple Commodities Rated, passed in 1723.
Copy. zpp.

89. ii. Act entitled Staple Commodities Rated, passed or rather revised in 1715/6.
Copy, z^ pp.

89. iii. Answer to queries on these Acts. Copy, of No. 108. i\ pp. [C.O. 5, 295, fos.

I24-I3K/.]

90 Duke of Newcastle to Council of Trade and Plantations, directing that
March 3. drafts of a commission and instructions should be prepared for Samuel

Horsey, appointed governor of South Carolina. H.M. having some
time since appointed James Oglethorpe to be general and commander-in-chief in South
Carolina and Georgia, and Samuel Horsey being appointed to command the forces in
South Carolina under Mr. Oglethorpe as lieut-general, clauses are to be inserted proper
for this purpose. Signed, Holies Newcastle, i p. Endorsed, Reed., Read 6 March 1737/8.
[CO. 5, 366, Jos. 44-4 5 <*]

91 Josiah Burchett to Thomas Hill. H.M.S. Chatham under command of
March 3. Capt Philip Vanbrugh being designed this year for Newfoundland and

Admiralty Office. ^ GuaHand) Capt> Watson> f or Canso, such heads of enquiry as the
Commissioners of Trade and Plantations shall think proper should be sent hither as soon
as conveniently may be. Signed, i p. Endorsed, Reed., Read 6 March 1737/8. [CO. 194, 10,
fos. 85, 85</, 88, 88</.]

92 Council of Trade and Plantations to Duke of Newcastle, enclosing
March 7. draft of general instructions and those relating to Acts of Trade for

Governor Alured Popple of Bermuda Islands, with representation thereon. Entry. Signa-
tories, Edward Ashe, R. Plumer, Monson, M. Bladen. i p. Enclosed,

92. i. 7 March. Same to the King. We have made no alteration from the instruc-
tions to Capt. Pitt, but we have added all such general instructions given to the other
governors in America since that time. We have inserted the names of nine councillors
instead of twelve, not being at present well-informed of the characters of persons

48 STATE PAPERS COLONIAL [93

proper to supply the three vacancies. As soon as we receive a list from the governor
of persons qualified to serve we shall recommend them to you. Entry. Signatories,
as covering letter. 2 pp.

92. ii. Draft of instructions for Governor Popple. Entry. 80 pp. [C.O. 38, 8,/>/>.
212-294; original of covering letter in CO. 37, 26, fo. 207.]

93 Francis Fane to Council of Trade and Plantations, replying to enquiry
March?. whether by H.M.'s 36th instruction to Governor Belcher, the lieut.-

governor of New Hampshire during the absence of the governor from New Hampshire,
though he is in his other government of Massachusetts, is entitled to a moiety of the
salary, perquisites and emoluments which should otherwise become due to the governor.
I am very clearly of the opinion that the lieut.-governor, during the absence of the
governor in Massachusetts or upon the service particularly mentioned in the said
instruction, will not be so entitled. But I am as clear in my opinion that if there had been
no alteration in Governor Belcher's instruction from that formerly given to Governor
Burnet, the lieut.-governor of New Hampshire would have been entitled to a moiety of
the governor's salary during his absence anywhere unless upon the service particularly
mentioned in the said instruction. Signed, i p. Endorsed, Reed. 7 March, Read 8 March
1737/8. [C.O. 5, 880, fos. 232, 232^ 237, 237^.]

94 Royal warrant to Lieut.-Governor William Gooch to appoint Edward
March 1. Barradal attorney-general of Virginia in the room of John Clayton,

St. James's. d ecease d. Entry. i\ pp. [C.O. 324, 50, pp. 113-114.]

95 Order of King in Council on report of Committee for Plantation
March 8. Affairs, directing that the ordnance and stores mentioned in the en-
t. James s. dosed should be sent to Jamaica as soon as conveniently may be, the

Duke of Argyle to give the necessary directions. The expense thereof is to be an article
in the next estimate prepared by the Board of Ordnance for Parliament. A store-keeper is
to be appointed to have care of the said ordnance. Copy, certified by James Vernon. 2 pp.
Endorsed, Reed. 18 May, Read 31 May 1738. Enclosed,

95. i. List of iron ordnance, ordnance stores and implements necessary for the
security and defence of Jamaica, with costs. Principal items : 5 2 iron ordnance, 24-
pounders, 2,6oo/; carriage, trucks, beds, etc. for the same, 6507.; 1,000 muskets
with bayonets, 1,000 cartouch boxes and 1,000 pistols, 2,4207. i6.r. 8d. ; tools for
opening roads and building barracks, 8457.; freight, 9367. Total: 8,2o67. $s. %d. 3 pp.
[C.O. 137, 22, fos. 188-191^.]

96 Same, directing the governor of Jamaica to appoint the store-keeper
March 8 ; mentioned in No. 95, to be sent to Jamaica, to issue such stores only

St. James s. U p On t h e signed order of the governor, and to be accountable to the
Master-General and principal officers of H.M.'s ordnance. Copy, certified by James
Vernon. i\pp. Endorsed, Reed. 18 May, Read 31 May 1738. [CO. 137, zz,fos. 187, i%fd.,

192,

97 Same, approving report from Committee of Council that, in the dispute

March 8^. about English and French ships seized, the Earl of Waldegrave should

St. James s. ^ Directed to propose mutual restitution of the Scipio and Fletiron-, and

that security taken by Governor Mathew for the Fortune should be delivered up.

Signed, James Vernon. Seal. zpp. Endorsed, Copy sent to E. Waldegrave, 12 April 1738.

[CO. 1 5 2, 40, fos. 312-313.; another copy at fos. 314-315^.]

lOl] AMERICA AND WEST INDIES 1738 49

98 Minutes of meeting of Trustees for Georgia. Lord Carpenter, Lord
March 8. Talbot and Aid. Heathcote resigned from their offices of Common

art Councilmen. 2. pp. [CO. 5, 687, pp. 60-61.]

99 Account showing how money granted in last session of Parliament to
March 8. Trustees for Georgia has been applied. Applied in America in provi-

a ace ourt. s j onSj tools, etc. 9,zoo/. is. id. Applied in America for defence, roads
and fortifications, 4,6677. Applied in England for costs of sending over settlers, office
charges, etc. 6,i32/. iSj. }d. Total: 2O,ooo/. Entry. Signatory, Harman Verelst. i p. [CO. 5,
67, A 339-1

100 List of papers relating to applications to H.M. for warlike stores for the
March 8. Plantations in America so far as they have passed through the Council

of Trade and Plantations.

Extract of letter from Lieut.-Governor Pitt of Bermuda to Council of Trade and
Plantations of 30 April 1729 complaining of want of ammunition and stores of war. Sent
to Duke of Newcastle 16 July 1729.

Letter from Council of Trade to Duke of Newcastle of 20 February 1729/30 recom-
mending supply of warlike stores for South Carolina.

Memorial of 27 July 173 1 from Mr. Yeamans, agent for Antigua, to Council of Trade
praying for stores of war for a fort on that island. Laid before the king in representation
of 31 August 1731.

Memorial of 16 December 1731 from agent of St. Christopher's for supply of cannon
and stores of war for that island. Laid before H.M. in representation of 22 December
1731.

Memorial of 28 November 1733 from agent of Antigua for supply of cannon shot for
that island. Laid before H.M. in representation of n December 1733.

Extract of memorial of 7 March 1733/4 from agents of Barbados inter alia desiring
stores of war. Extract of letter from Lord Howe, Governor of Barbados, to Council of
Trade of 6 January 1733/4 praying for supply of arms and other stores of war. Laid be-
fore H.M. in representation of 8 March 1733/4.

Memorial of 9 April 1734 from agents of Antigua and St. Christopher's about want of
stores of war etc. in those islands. Laid before H.M. in representation of 11 April 1734.

Memorial of 7 December 1737 from Governor Popple of Bermuda relating to want of
ordnance stores there. Laid before H.M. in representation of 8 October 1737. Entry.
Annotated, 9 March 1737/8. This list and the papeis therein mentioned were put into the
hands of Sir Conyers Darcy (Comptroller) by Samuel Gellibrand to be presented to the
House of Commons pursuant to their address of 9 February together with some other
papers from the Council Office, Duke of Newcastle's Office and the Office of Ordnance
upon the same subject by William Sharpe. 2 pp. [CO. 324, 1 2,/>/>. 237-238 ; copy in CO. 5,
5,/w. 138-139^]

101 List of applications made to H.M. for warlike stores from the Planta-
[March 9 1 ] tions in America received by the Duke of Newcastle and account how

far they have been granted.

Copy of representation of Governor Hunter of Jamaica and list of warlike stores
ordered to be sent there, 13 May 1729.

List of warlike stores ordered to be sent to the Bahamas, 24 April 1729, in lieu of

'Commons Journal, XXIII, pp. 26, 73-74.

4 XLFV

50 STATE PAPERS COLONIAL [lO2

those ordered there 26 September 1728, Governor Woods Rogers representing that these
would be most serviceable.

Extract of letter from Council of Trade and Plantations to Duke of Newcastle, 1 6
July 1729, enclosing extract of letter from governor of Bermuda, 30 April 1729, represen-
ting want of warlike stores there. Memorandum: no directions were given on this, the
particulars not being specified.

Note: A letter from the Council of Trade and Plantations of 20 February 1729/30
recommending a supply of warlike stores for South Carolina was received and sent to the
Council Office, copy of which is laid before the House by the Board of Trade.

Copy of letter from Secretary at War to Duke of Newcastle, 13 June 1734, for arms
and accoutrements for six independent companies at Jamaica. H.M.'s warrant to the
Master-General of Ordnance in pursuance thereof was signed 5 July 1734.

Copy of letter from Secretary at War to Duke of Newcastle, 10 July 1734, for tents for
eight independent companies at Jamaica. H.M.'s warrant to Master-General of Ordnance
in pursuance thereof was signed 2 July 1734.

Copy of letter from same to same, 9 October 1735, enclosing extract of Mr. Popple's
memorial for arms for the independent company in Providence Island. H.M.'s warrant to
Master-General of Ordnance in pursuance thereof was signed 31 October 1735.

Copy of letter from same to same, 9 October 173 5, for arms and accoutrements for the
two old independent companies at Jamaica. H.M.'s warrant to Master-General of
Ordnance in pursuance thereof was signed 24 September 1736.

Copy of letter from same to same, 25 October 1737, for warlike stores for a regiment
to be raised under command of James Oglethorpe. H.M.'s warrant to Master-General of
Ordnance in pursuance thereof was signed 7 November 1737. 3^ pp. [CO. 5, ),fos.

102 David Dunbar to [PThomas Hill], enclosing memorandum to be corn-

March 9. municated to my Lords. Perhaps some useful hints may be taken from
this. I have no copy of it and request, be it approved or not, I may not be named upon
the occasion. Would my Lords give me leave to lay before them an appeal from the
court of Vice-Admiralty in New England from a decree clearing nine men for a trespass
against H.M. in the woods, when one man for the like trespass committed at the same
time and proved by the very same witnesses was by the same judge condemned and paid
his fine ? I have as many papers as a porter could carry to prove oppositions and abuses I
received in my duty as surveyor. Both governor and judge encouraged them and caused
my frequent complaints home. My deputy and I are a great expense to the government
and no officer without being supported can do any service. My complaints are too many
to be attended to, which is my misfortune. I made Mr. Belcher offers in writing a little
before I came from New England that if he would yield me my right which was just as
my lords have judged it I would withdraw all complaints and say I was satisfied. I have
his written refusal to show. Signed. P.S. I presume if H.M. approves their lordships'
representation the moiety of the salary will come to me of course, though I dare say the
governor would not readily comply with any order he dislikes : he has given proofs of his
acting so. 2 small pp. Endorsed, Reed., Read 10 March 1737/8. Enclosed,

102. i. Memorandum of David Dunbar. A governor of Massachusetts could
easily get his salary settled and get the general court to give up the county of York
(formerly called the province of Maine) and other lands. The governor of Massa-
chusetts is captain-general of the militia of Rhode Island. The government there is in
the hands of the middling and meaner people who through jealousy exclude the rich
men. An active governor might influence Rhode Island and Connecticut to give up

IO6] AMERICA AND WEST INDIES 1738 5!

their charters. He could promote members of the Church of England to civil and
military office in New England. He might prevail on the general court to lay a tax of
one penny per acre on unimproved lands. It is very possible for a governor to prevail
for a surrender of the Massachusetts charter. New England is a very litigious
country: stamp duties there would raise a considerable sum. Church of England
clergy should be provided for. If ever America is thought deserving of a bishop an
ingenuous and learned man could work a very great change among the people.
Signed. 3 pp. [CO. 5, 880, Jos. 233-236^.]

103 Commission to James Oglethorpe to be General and Commander-in
[March 9] Chief in South Carolina and Georgia with necessary powers. Copy.

Signatory, Holies Newcastle. 2 pp. Endorsed, Reed. 9 March from the secretary's office,
Read 9 March 1737/8. [C.O. 5, $66,fos. 46-47^.]

104 Order of Committee of Council for Plantation Affairs referring the
March 13 following back to Council of Trade and Plantations, for examination of

Mr. Simond, a London merchant, and such other witnesses and papers
as Mr. Zouberbuhler may produce. Signed, James Vernon. Seal. \\pp. Endorsed, Reed. 20
March, Read 21 March 1737/8. Enclosed,

104. i. Report of Council of Trade and Plantations on petition of Sebastian
Zouberbuhler; 20 January 1737/8. Copy, of No. 32. 2$ pp. [C.O. 5, 366, Jos. 50-53^.]

105 Same, referring fourteen Acts passed in Massachusetts in June and
March 13. July 1737 to Council of Trade and Plantations for examination and

report. Seal. Signed, James Vernon. \p. Endorsed, Reed, Read 22 March
1737/8. Sent to Mr. Fane, 24 March 1737/8. Reed, back, 3 August 1738. No objection
to any of them. Enclosed,

105. i. Schedule of titles of said Acts certified by J. Belcher and sealed by J.
Willard, secretary. 2^ pp.

105. ii. Copies of said Acts. Titles are: Acts for apportioning tax of 44,93o/. is.
3</.; for granting impost and tunnage on shipping; for granting excise on wines and
spirits; for granting i,ooo/. in bills of credit for support of the governor; to prevent
nuisances in Merrimac River; for supplying treasury with 2o,ooo/. in bills of credit;
to exempt Quakers from taxes for support of ministers ; for trade with Eastern and
Western Indians; in addition to Act to prevent coparceners etc. from committing
waste on lands in common; in addition to Act for relief of idiots; to prevent mischief
by dogs; for making 2,6257. in small bills; to prevent deceit in casks. Printed. 46 pp.
[C.O. 5, 88o,/oj. 238-267^.]

106 Memorial of Sebastian Zouberbuhler to Council of Trade and Planta-
March 14. tions. Upon the late Col. Purry's importing some of his people into

London. South Carolina, although the then governor issued a proclamation
forbidding all persons to set out lands within six miles round the township of Purrys-
burgh, several persons by virtue of former grants not only surveyed and ran out several
parcels of land within the district but kept possession thereof until a repeated order from
H.M. in Council was signified to them, being very nearly two years, whereby many new-
comers were reduced to very great poverty and some others obliged to withdraw from
Purrysburgh for want of having their country lots or family right assigned to them. The
memorialist hopes for an instruction to the governor to prevent the like inconveniences
to the township of New Windsor where 200 of his countrymen under the conduct of his

52 STATE PAPERS COLONIAL [107

father are actually settled; for an instruction that the government of South Carolina
comply with the resolution of the governor and council of June 1735, confirmed 17 July
1736, in relation to the provisions for one year for 100 families, now fixed to consist of
600 persons, besides tools, utensils and cattle ; and likewise that the time for his importing
the full number of 600 may be prolonged to two years from October next. And as the
council of South Carolina have published a declaration dated 3 March 1736/7 in some of
their Gazettes that their sinking fund falls short of providing for the settlers already
arrived in that province and also that the fund will expire in August 1738 after which
there is no provision for their support, memorialist offers it for consideration whether the
continuing of the sinking fund arising out of the duty on negroes, liquor etc. for a few
years longer will not be advisable to prevent the discouragement of many poor people.
Signed, z pp. Endorsed, Reed., Read 14 March 1737/8. [CO. 5, $66,jos. 48-49^.]

107 Memorial of Capt. William Taverner, late surveyor of Newfoundland,
March 14. to Council of Trade and Plantations, seeking a reward for services in

1714 in discovering frauds in the salt fish trade amounting to 7o-8o,ooo/. a year to the
prejudice of the public revenue. Signed. \ p. Endorsed, Reed., Read 14 March 1737/8.
[CO. 194, 10, Jos. 86-87^.]

108 Henry McCulloh's answer to queries about two Acts for rating com-
[March 14.] modities in North Carolina, (i) The two Acts were passed about 25

years ago. (2) The quitrents reserved to the Lords Proprietors were payable in sterling
money except in Albemarle County, but it has been the practice in many cases to receive
them in commodities. As to contracts between private persons there was very little order
observed till of late, the people of that province being generally deemed a set of outlaws.
(3) It does not appear that any quitrents have been paid on the foot of this Act. The pro-
prietors' officers accepted whatever the people tendered them. The proprietors had
notice of this practice but do not seem ever to have formally approved it nor to have
sanctioned the accounts of their officers. (4) These two laws were never confirmed by the
proprietors. Only six of the laws now subsisting ever were confirmed by them. Most of
the present laws are full of inconsistencies and some plainly calculated to serve fraudulent
purposes. There is no complete body of laws, many of the copies not agreeing. i\pp.
Endorsed, Reed. 14 March, Read 15 March 1737/8. [CO. 5, 295, /0.r. 122-123^.]

109 General abstract of account of Trustees for Georgia from 9 June 1737
March 15. to 1 5 March following, to be laid before them at their anniversary

ralace Court. mee ting on 1 6 March 1737/8. Balance remaining: 2,48 2/. to answer
sola bills sent to Georgia; 4,5 5 6/. 4^. id, for general and special purposes. Depending on
several persons in Georgia, i3,8oo/. 8s. ^\d. [The accounts are commented on and explained at
length}.

List of grantees of land in Georgia since last anniversary meeting : William Stephens
(500 acres), Thomas Upton (150), William Horton and others in trust for religious uses
(300), Robert Hay (500), John Amory (150), Lieut.-Col. Cochran (500), Major William
Cook (500), George Preston jnr. (500), trustees to be named by Gen. Oglethorpe for
soldiers of his regiment to have 5 acres each (3,000), Capt. William Wood (500), with
covenants for land for 66 servants in the said grants at 20 acres each (1,320).

Number of persons sent to Georgia on the charity. From 9 June 1733 to 9 June 1737:
1,076 of whom 302 foreigners, 774 British. Since 9 June 1737: 227 of whom 152
foreigners, 75 British. Total since 9 June 1733 : 1,303 of whom 842 males, 461 females.
Number gone at their own expense: 242, besides wives and children; 40 servants in

Il6] AMERICA AND WEST INDIES 1738 53

Georgia for public service; and many settlers from Carolina and other parts. Entry. 6pp.
[CO. 1,670, pp. 340-345-]

110 Minutes of meeting of Trustees for Georgia. General abstract of
March 16. account of Trustees from 9 June 1 73 7 to 1 5 March 1737/8 with observa-
St. Bride s. tions thereon was read, approved and ordered to be entered. The

Trustees elected five Common Councilmen in the room of those who had resigned, vizt.
Robert Tracy, Christopher Tower, Henry Archer, John Page and Rev. Samuel Smith.
The Trustees elected as new Trustees Sir Harry Gough and Sir Roger Burgoigne. i^pp.
[CO. 5, 687, /p. 62-63.]

111 Minutes of Common Council of Georgia. Read grant of 500 acres of
March 16. land to James Carteret. Seal to be affixed to the same, secretary to

Palace Court, countersign and register with auditor of the plantations, i p. [CO. 5,
690, p. 129.]

112 Royal warrant to Lieut.-Governor William Gooch for appointment of
March 17. Edward Barradal as attorney general in Virginia in the room of John

St. James's. C i ayton> deceased. Entry i p. [CO. 324, 37, p. no.]

113 Council of Trade and Plantations to the King. Neither we nor Mr.
March 17. Fane have any objection against an Act passed in Virginia in Septem-
ber 1736 for confirming and better securing the titles to land in the

Northern Neck held under Lord Fairfax. Entry. Signatories, Monson, James Brudenell,
Edward Ashe, R. Plumer. i p. [CO. 5, 1366, p. 289.]

114 Martin Bladen to Duke of Newcastle. I was desired by Mr. Pelham to
March 18. sen d you the enclosed paper relative to the cutting logwood in the Bay

quare. Q . 2 m p e z c hy. it is certainly one of those things we can never give up
and yet I am afraid we have no title to it. The merchants say we have, and in representa-
tions to be communicated to the court of Spain, as a commissioner of trade I say so too.
Under these difficulties how nice a consideration must it be to come to resolutions in a
House of Commons upon the subject of our rights in trade. Signed. i\ small pp. Enclosed^
114. i. Madrid, 10/22 May 1672. Sir William Godolphin to Earl of Arlington.
The English have no right to cut Campeachy wood in Yucatan. The Spaniards
occupy this territory though perhaps not all of it. The English should cut the wood
discreetly and underhand and the king should connive not authorise. Copy. 4$ pp.
[CO. 137, 48, >j. 41-46^.]

115 Andrew Millar to Harman Verelst. I received a letter lately from my
March 18. brother Robert from Jamaica dated 9 December 1737 wherein he

writes he was to sail for Vera Cruz in two or three days to go to Mexico.
He is still very weak but hopes the sea air will do him service; he proposes on his return
to Jamaica to spend six months there in the service of his constituents for the lost time
his sickness has occasioned. Payment of his Christmas half-year will oblige. Signed. P.S.
Lord Petre has paid his share of the half-year due Christmas two months ago. i small p.
[CO. 5, 640, jos. 65-66.]

116 List of papers received by Council of Trade and Plantations relating to
March 21. losses sustained by H.M.'s subjects by Spanish depredations in Europe

or America to midsummer 1737 which have not already been laid before the House, (i)

54 STATE PAPERS COLONIAL

Governor Fitzwilliam's letter of 20 August 1735 with deposition and protest by Samuel
Lawford [See Cal. S.P.Col., 1735-36, No. 79]. (2) Governor Mathew's letter of 17 Jan-
uary 1736/7 with deposition of William Fisher [See Ibid., 1737, Nos. 20, 201]. (3)
Governor Mathew's letter of 14 June 1737 [See Ibid., No. 339.]. Noted: Presented to
House of Commons by Mr. Pelham. Entry. \ p. [C.O. 324, 12, p. 239.]

117 John Douncker to Duke of Newcastle protesting at the trial by 'Bill of
March 22. a Taylor' [attainder] of Benjamin Johnson and William alias Billy

Johnson for alleged complicity in the slave-conspiracy. Benjamin
Johnson sued James Hanson and recovered a sum of money from him the year before the
disturbance. It is against the laws of God that a heathen should be against a Christian and
against the laws of men that a slave should be against a free man, so that our island cries
out. I beg you will do all that lies in your power to save their lives. Illiterate. Signed, z pp.
[C.O. 152, 44 Jos. 132-133^3

118 Minutes of meeting of Trustees for Georgia. Received by Dr. Hales,
March 22. 2I /. benefaction for missionaries in Georgia. Received, two brass

ace urt. coc k s f or salting of animals whole, benefaction of Dr. Hales. Oath of
office as Common Councilman was administered to Henry Archer, Robert Tracy and Rev.
Samuel Smith. Sealed, grant of 500 acres of land to James Carteret. Read, letter from
William Stephens dated 20, 21, 23 December 1737. i p. [C.O. 5, 687, p. 64.]

119 Grant to James Carteret of the parish of St. George, Hanover-square,
March 22. o f 500 acres of land in Georgia. Entry. %p. [C.O. 5, 6jo,p. 347.]

120 David Dunbar to Council of Trade and Plantations renewing corn-
March 23. plaints against Governor Belcher. I applied to you for copy of Mr.

Fane's opinion on the 36th instruction to Governor Belcher about the division of the
salary for the government of New Hampshire between the governor and lieut.-governor
in his absence. I apprehended you were pleased to allow I should have a copy of it but I
was only permitted to see it; and as Mr. Fane says that I have no right to expect or
demand any part of the said salary occasioned by an alteration in the said governor's 36th
instruction from what was given to former governors, I hope you will enquire how such
alteration was made for I cannot conceive it was ever intended that a lieut.-governor
who is chief in the province eleven months in twelve should have nothing to subsist on.
There is no precedent for it in H.M.'s dominions. However if it be your opinion that I
should have nothing for the trouble and unavoidable expense attending a public station I
shall submit. I have made application to Sir Robert Walpole for expenses and disburse-
ments at the new settlements near Frederick's Fort and if I did not misapprehend him he
bade me petition H.M., which I have not done fearing I might have mistaken him and
thereby disoblige the ministry. I have been complaining for more than seven years, and
yet without redress. Enclosed heads of papers can be laid before the council if required.
Signed. \\pp. Endorsed, Reed., Read 23 March 1737/8. Enclosed,

1 20. i. Titles of 29 papers concerning the grievances of Col. Dunbar in his
offices of lieut.-governor of New Hampshire and surveyor-general of H.M.'s woods.

120. ii. List of 10 other papers relating to the misgovernment of New England
to lay before Council of Trade and Plantations. \p. [CO. 5, 88o,/0j. 268-27 id.]

124] AMERICA AND WEST INDIES 1738 55

121 Thomas Hill to Francis Fane, enclosing 14 Acts passed in Massachu-

March i 24. se tts in 1 73 7 for his opinion in point of law, vizt. Acts for apportioning
taxes of 44,93o/. is. }d., 3,8z5/. 8.r. (for payments to representatives at
General Court of 1736) and i6}/. (fine on towns for not sending a representative); for
granting duties on shipping; for an excise on wines, spirits, lemons and limes; for gran-
ting i,ooo/. in bills of credit for support of the governor; for payment of members of
council and representatives for serving in General Court; to prevent nuisances in
Merrimac river; for supplying the treasury with 2o,ooo/. bills of credit for discharging
the public debts ; to exempt Quakers from taxes in support of ministers ; for regulating
trade with Indians; concering co-parceners, joint-tenants and tenants in common;
concerning idiots; to prevent mischief by dogs and to prevent the keeping of any dogs on
the islands of Martha's Vineyard and Nantucket; for making 2,6 25/. in small bills to be
exchanged for larger bills; to prevent deceit in the gage of casks. Entry. 5 pp. [CO. 5,

122 Paper from Col. Samuel Horsey. The president of the council of South
March 25. Carolina has intimated that the assembly think it necessary to continue

the duty on negroes for a further term of years, the present duty expiring in August 1738,
it being granted for seven years from 20 August 1731. It may therefore be necessary to
give an instruction to the new governor empowering him to pass an Act for continuing
the duty upon negroes for a further term, this appearing to be a principal branch of the
public revenue, there having been imported in 1735,35 by a printed account from
Charleston, 2,907 negroes which according to the present Act of assembly pay i/. IQS. a
head, in all amounting to 4,360^ los. sterling. But in this instruction to the governor he
may be restrained from passing such an Act unless several appropriations of the money
be specified therein, one of which must necessarily be an establishment for the fort at
Charleston at present known by the name of Johnson's Fort which during the time there
was no governor in South Carolina has been much neglected though it is the main de-
fence and protection of that harbour and the shipping in it. The following establishment
is offered as necessary to make that fort of real use : captain of the fort at %s. per diem is
per annum, I46/.; lieutenant at $s. lod. per diem, 6$J. 19^. zd.\ ensign at zs. icd. per diem,
5 1/. I4J. zd.\ surgeon at 4* per diem, 73/.; one master gunner at 3.T. per diem, 54/. ij/.;
two gunners at zs. per diem each, 73/.; four matrosses or labourers at is. 6d. per diem,
io9/. joj-.; storekeeper at zs. per diem, 367. los. Total, 614!. 8s. 4d. This with the addition
of some contingencies for fire and candle etc. cannot amount to less than 6$o/. in all for
the fort. Other estimates for the support of the government of that province will be con-
sidered in proper time to be provided for out of the negro duty, i p. Endorsed, Reed, from
Col. Horsey, 28 March 1738. [CO. 5, 388, fos. 172-173^.]

123 Duke of Newcastle to Council of Trade and Plantations, enclosing
wv C *h 2 n' c Py ^ an ac ^ ress f House of Commons of 22nd inst. desiring that

copies of representations made to the Council by the council and
assembly of Jamaica relating to the capture of English vessels by the Spaniards since 1731
should be laid before them. It is H.M.'s pleasure that you comply therewith. Signed,
Holies Newcastle, i p. Endorsed, Reed., Read 27 March 1738. Enclosed,

123. i. The resolution of the House of Commons of 22 March 1737/8 referred to
in covering letter. Copy. \p. [CO. 137, zz,jos. 172-174^.]

124 Minutes of Common Council of Georgia. Resolved that it be an in-
March 29. struction to the committee of correspondence to enquire how the

servants in Georgia for the use of the Trust are employed, how the

56 STATE PAPERS COLONIAL [125

silkwinders have been employed, how the directions relating to mulberry plants have
been complied with; and to consider and report on the conduct of Noble Jones, the
surveyor. Read a report from the committee for accounts; resolved that the following
advertisement be signed by the secretary and published in the London Gazette and South
Carolina Gazette and affixed on the door of the storehouses at Savannah and Frederica :
The Trustees for establishing the colony of Georgia in America out of a due regard to
public credit do hereby give notice that they have resolved that all expenses which the
Trustees have already ordered or shall hereafter order to be made in America for the use
of the said colony shall be defrayed and paid for in Georgia in sola bills of exchange only
under the seal of the said Trustees. And they do further give notice that no person what-
soever has any authority from them or in their name or on their account to purchase or
receive any cargoes or provisions, stores or necessaries, or to contract any debt or to
create any expense whatsoever in America. And that no persons may be ignorant thereof,
the Trustees have ordered that this notice shall be affixed and remain on the door of the
storehouse at Savannah and on the door of the storehouse at Frederica in the province of
Georgia in America and shall be published in the London Gazette and South Carolina
Gazette. i\pp. [CO. 5, 690, pp. 130-132.]

125 Minutes of meeting of Trustees for Georgia. Oath of office as Common
March 29. Councilman was administered to Christopher Tower. Received

Palace Court. receipt f rom the g ank for 2J/ paid in at the lagt board, f p. [CO. 5, 687,

A 65.]

126 Isaac Young to Trustees for Georgia. I arrived in Georgia 21 August
March 29. ^^ on board Capt. Thomson with my wife, seven children and a

servant, all at my own expense. I applied very often for my grant of
100 acres and was at last pitched on by Mr. Causton to settle a village. After 16 days
search Mr. Aglionby and I found a site about six miles from Savannah, but after all this
trouble we could only have 50 acres each. My family and I fell sick, one child dying: Mr.
Causton would supply me with nothing, I being indebted to the stores 25/. sterling. I am
now working as a bricklayer to repay Mr. Robert Williams who came to our assistance
and paid this debt. A few days ago I took possession of a tract of land but cannot tell
whether it will be confirmed to me. We are reduced very low but with a little help could
get a livelihood. Signed, i\pp. Endorsed, Send to Mr. Stephens to enquire into the allega-
tions of the petition, whether the ground is fit for his planting or no; acquaint him with
the negligence of the surveyors and that he should call upon them to do their duty. [CO.
5, 640, Jos. 69-70^.]

127 William Stephens to Trustees for Georgia. I wrote you 27 ult. by Mr.
March 29. George St. Leaver. Mr. Cooksey, one of our freeholders, is going in all

haste for England to settle some affairs and return again and I take this
opportunity to acquaint you that I have the pleasure to see the scene changed here to a
more agreeable prospect than what was before us for some months past, and instead of
contention about public affairs all has the appearance of peace and quiet, so that it is to
be hoped we shall grow wiser in time, though I wish I could say there were not yet a few
left who seem brooding over discontent and willing to hatch more mischief. But what-
ever dark views they may have, I see plainly the body of the people are pretty well tired
in following such dangerous guides, and at this juncture instead of caballing busy in
planting, which they are so much in earnest about that from what we already see it is
computed they will far exceed any year foregoing; and if it grows to a prosperous

131] AMERICA AND WEST INDIES 1738 57

season the produce may probably go a great way toward supporting this part of the
colony. This indeed far surpasses any expectation of mine some time ago and demon-
strates (I think) that if the same people had been let alone to themselves and not seduced
to murmur and grow tumultuous when they should have been about their honest labour
they would have done much more. I would rather choose to forebear saying more on
this head till I see planting over, and then at winding up the bottom it will appear plain
what is done, which I shall then lay before you.

Not having any lands of my own run out yet, I have employed my servants in clearing
the 5 -acre lot and about 15 acres of land belonging to Ben Ball, a son-in-law of mine.
There is a parcel of 500 acres which Mr. Watson sat down upon some years ago; very
little has been or is likely to be done to improve it. I do not find that he ever had any
grant of it. It is convenient for this town, being about five miles up this river, so that if
I was given it I could always be available to execute your instructions. Signed. 2 small pp.
[CO. 5, 640 Jo. 71 , lid.}

128 Same to Harman Verelst. The want of advice in so long time (at least
March 29. I have had none) leaves us very much in the dark. News of when our

general purposes to visit this colony and when the forces may be
expected would animate the well-disposed and force the others to draw in their horns.
The talk at Charleston is of a new governor there and the name of our friend seems
quite forgotten. Signed. P.S. Just as I was going to seal my letter I received yours of 13
and 14 December, which brings such joyful news as were almost sufficient to make a
cripple dance. God speed them well, honest men, and send them safe into these regions.
I cannot shut up without observing what a distance of time there is between 1 3 Decem-
ber and 29 March. Where can this stoppage be ? Surely it is at Charleston. Mr. Causton is
at present pretty much indisposed in a sort of intermitting fever which took him about
four or five days since; but I hope it is wearing off. W.S. 2 small pp. [CO. 5, 640, fos.
73-74^1

129 William Bradley to Harman Verelst. This comes by Mr. Cooksey who
March 29. intends to bring back some servants for himself and eight or ten for me

to put in place of those that are dead. I have written to Mr. Mosely to
provide them for me and the particular persons I want. I desire you will pay the charges
if you have any money of mine in your hands; if not, that you will beg the favour of the
Trustees to pay it and charge it to my account. I should be glad to have an answer to my
last letter and to know if you have received any money for me at the same time. Signed.
P.S. Pray let Mr. Mosely have your answer and he will provide them for me by any ship
that comes this way if you will see the charges paid there, i p. [CO. 5, 640, Jos. 67-68^.]

130 Memorial of George Clarke, junior, secretary of New York province,
[March 29.] to Council of Trade and Plantations, praying to be made of the council

in that province vice Francis Harrison who is willing to retire. Signed, i p. Endorsed, Reed.

29 March, Read 12 April 1738. Enclosed,

130. i. London, 29 March 1738. Francis Harrison to Council of Trade and Planta-
tions desiring leave to surrender his seat in the council of New York. Signed, i small/*.
Endorsed, as covering letter. [CO. 5, 1059, fos. 37-40^.]

131 Duke of Newcastle to Council of Trade and Plantations. The king
March 30. having appointed Philip Vanbrugh, commander of H.M.S. Chatham, to

be governor of Newfoundland, drafts of his commission and instruc-

58 STATE PAPERS COLONIAL [132

tions are to be prepared. Signed, Holies Newcastle, i p. Endorsed, Reed. 30 March, Read 1 1
April 1738. [CO. 194, 10, Jos. 89, 89^, 92, 92^.]

132 Governor William Mathew to Council of Trade and Plantations. In

March 31. mine of i March I mentioned an English sloop being taken close under
the shore of St. Christopher's by a French guarde de cotes. I have since
received from Capt. Knowles, commander of H.M.S. Diamond from St. Eustatius, the
declaration of the owner of that sloop, attested copy enclosed. I cannot say that I am
convinced Mr. Dominic Lynch had not been carrying on an illicit trade with the French
islands and I am well assured he has been an old incorrigible offender that way: I believe
it is his only employment. But to chase him from under the shore of St. Christopher's
and to take him even under our own guns, this I believe you will think less justifiable
than if he had been caught in the fact under the French shores. I am since told the
governor of St. Eustatius has sent to the French islands the Frenchman Lynch brought
in thither. When the French formerly rose upon and retook from the English a French
seizure and carried her into St. Eustatius, those English were not thus sent back to us but
by the government of St. Eustatius were sent prisoners to St. Martin's and delivered to
the French governor there to be hanged, as they intended, as pirates. This is the partial
treatment the English have met with here from their neighbours, even from St. Eustatius.
George Thomas in his way to his government of Pennsylvania touched here for a
month or two on his private concerns. I never heard from him, anyhow on his arrival,
than that at a second meeting of the council after he came hither he came to meet and
told me he came to sit as a councillor, denying he had accepted the government of
Pennsylvania. I found him not disposed to allow of any reasons for not admitting him,
and, as there was not a council without him to communicate my reasons to, therefore I
only ordered a minute to be made that I had refused to admit his sitting as a councillor
there for reasons I should lay before H.M., and of this I ordered him a copy. My reasons
are these : his acceptance of his government I take to be a removal to another station, and
he produced no direction to me to admit him now or at any time when he should please
to come hither. I was convinced he himself thought in England he had lost his seat in
H.M.'s council here by becoming a proprietary governor, and for that reason he had not
obtained or at least did not produce to me H.M.'s order for continuing to him (or that he
even to the last had applied for it) the year's licence of absence he carried from me from
hence and which once expired is a forfeiture of his seat in council without H.M.'s [order]
as by my i4th instruction. There happened immediately after this an opportunity for
laying these reasons through you before H.M., but I was apprehensive he intended to
apply again for admission with written reasons for it. I therefore deferred accounting
thus for my refusal by that conveyance. But I was disappointed: I have heard no
further from him and this is the first opportunity of writing for Europe since. I hope my
way of thinking in this affair will meet with H.M.'s approbation. I have no public papers
to transmit. Duplicate, original not Reed. Signed. 4 small pp. Enclosed,

132. i. Declaration of Dominick Lynch, merchant of Barbados, made on board
H.M.S. Diamond in St. Eustatius road, 18 February 1737/8, before Charles Knowles.
At 2 p.m. on 19 January 1737/8 about three leagues off St. Christopher's, he saw a
sloop coming off Basse Terre and crowding all sail. Apprehending a Spaniard or
rover, he made for Sandy Point but the sloop (which proved to be a French guarde de
c6tes) cut him off, fired on him and forced him to strike, although then within gunshot
of Charles Fort. The Frenchman took the master, Samuel Clay, and three English
sailors aboard and put a crew on the English vessel with orders to follow to Guade-
loupe. But in the night Lynch with four slaves and one white recovered the ship

134] AMERICA AND WEST INDIES 1738 59

by force and got into St. Eustatius where he now is. Copy, certified by William
Mathew. i p. Endorsed, Reed., Read 30 May 1738. [C.O. 152, 23, fos. 142-144^.]

133 James Oglethorpe to [Duke of Newcastle]. Mr. Crow acquainted me
April 2. that you desired to know what forts there were in the province under

my command and what had been demolished. There is Fort Moor, Fort Prince George,
Johnson's Fort, Fort Argyle and several others. There was also Fort King George, or
Fort St. George, which lay upon that part of the Alatamaha nearest to the river which the
Spaniards call St. John's. This fort the Spaniards would willingly have us believe is upon
the River St. John's but it is on the Alatamaha and not on the River St. John's, though it
is not far from it. The Spaniards remonstrated to me that keeping a garrison in that fort
gave them a jealousy in respect to their navigation of the River St. John's and that if I
would withdraw the garrison from thence and pull down the palisades, it would take
away all jealousy and they would answer that it should not be possessed by any Spaniards.
Upon these assurances, to take away all jealousies and secure the continuance of friend-
ship with the Spaniards, upon articles signed with the Governor and Council of War of
Augustine, I did withdraw that garrison and take away the palisades etc. The Spaniards,
though they pretend to all Carolina as far as 33 30' N. latitude, have no colour of right to
anything beyond the River St. John's except it should be to a place called St. Francis de
Pupa which is to the west of the river and not to the north of it. They cannot pretend to
anything that they were not possessed of in 1670, and the English were not only possessed
of those countries long before 1670, when Sir Francis Drake erected Fort St. George in
the reign of Queen Elizabeth and took Augustine, but pursuant to the charter of Charles
II granted to the Lords Proprietors, Governor Sale in 1668 was in possession of Carolina
in their name as far as the bounds of that charter; and Fort St. George and consequently
all to the north of it lies within the bounds of that charter. So that subjects under the
crown of England were possessed of all that part of Carolina called Georgia at the time
of the treaty of 1670; and the king's independent company did not withdraw from Fort
King George on the Alatamaha till 1727 when they withdrew by reason of a scarcity of
provisions. On H.M.'s being informed that the company had deserted that post, he by
his instructions to Robert Johnson, Governor of South Carolina, ordered them to return
to their post; and in 1734/5 H.M.'s orders were obeyed and the company returned to the
Alatamaha; and all the time the company was withdrawn, the Indians, vassals to H.M.,
continued in possession of the same and the Spaniards never pretended nor dared to
attempt any possession of those grounds. I thought it was proper to explain to you the
matter of this disputed, and now demolished, fort since it is what you desired chiefly to
be informed of. The Spaniards in America never pretended to any other forts unless
their general pretension to all Carolina as far as 33^ may be called claiming of the forts.
Signed. 3^ small pp. Endorsed, Copy sent to Mr. Keene, 12 April 1738. [C.O. 5, 654, fos.
131-132^.]

134 Lieut.-Governor George Clarke to Duke of Newcastle, acknowledg-
AprilS. jng letter of 30 November to Lord Delawarr, H.M.'s instruction

relating to the form of prayer for the royal family which I have obeyed,
and the papers relating to Burrows, master of the sloop Happy. One Verplank, a mer-
chant of this place, who freighted the sloop, some time ago came to me and acquainted me
that he was informed by private letters that Burrows had not behaved as he ought at
Sallee. Burrows being here, I told Mr. Verplank that I would send a messenger to bring
him before me in council, and I desired Mr. Verplank to attend. Burrows was brought
but Verplank did not come, not being willing as I was informed to show himself in a

60 STATE PAPERS COLONIAL [134

matter whereof he had no proof. I examined Burrows, however, in council, copy of
whose examination I send you. The council were of opinion that as no proofs appeared
against Burrows he ought to be discharged. However, judging there was some foul play,
I directed the judge of the Admiralty to have him taken up and to oblige him to give
security to answer. He did so, and I have now directed the advocate-general to file a libel
against him. It is thought Burrows will not come hither again in haste, regardless of his
sureties. He is a Bermudian and properly belongs to that island, though he often
freights here.

I thank you for your protection to my son and implore the same for myself. For
though the difficulties I struggle with and my sufferings have been great, yet I dare not
pretend to any merit that may hope for your notice. I hope for your protection that after
the heat and fatigues of the day I may enjoy some fruits of my labour. I had the melan-
choly news of her Majesty's death in the public prints long before I received your letter,
and have not only put my own family in mourning but signified my intention of so doing
beforehand that the town might do the like. I wish I could say my example was univer-
sally followed. I am sure there never was an occasion which administered more real
cause of grief to a people who admire virtue, love our constitution, are zealously attached
to the Protestant succession, heartily profess the religion of our country and abhor the
thought of despotic power. But yet there are some, insensible of the greatness of this
cruel stroke of fate, who had that indifference for it (to say no more of them) that, though
they were well able and rank themselves with the foremost of the principal people of the
town, yet did not put themselves in mourning, pretending that they had made them-
selves the joke of the town for doing it on the late king's death, though now they have
made themselves the contempt of it. I would not trouble you with this if one of them
whom I have formerly recommended to be of the council was not in that small number,
Mr. John Moare, a merchant of this town; but that circumstances provoke me and I
should think myself answerable if I was silent under it. For my own part I never was so
shocked as on this melancholy occasion, my heart and thoughts are full of it, as I believe
is every good subject's, and if anything can atone for my impertinence it must be the
distraction of my mind. Signed. 4 pp. Endorsed, Reed. 3 1 May. Enclosed,

134. i. Examination of Edward Burrows, master of the sloop Happj of Bermuda,
taken at a council held at Fort George, New York, 26 August 1737, in the presence of
the lieut.-governor and the gentlemen of the council. The examinant says that in
September last Mr. Gulian Ver Plank of this city freighted his sloop for Cadiz with a
loading of wheat flour, that he proceeded to Cadiz and thence went to Sallee. He
stayed at Cadiz 30 or 3 1 days and there delivered his flour to Mr. Smith, one of the
merchants there, to whom he was consigned. Mr. Smith ordered him to shift his
wheat into bags that were before stowed in bulk and proceed with it to Sallee, which
was sent consigned to Mr. Brouillet a merchant there. He delivered the wheat to Mr.
Brouillet who on the sloop's arrival sent boats to take it ashore and sent a note to
this examinant to come ashore. As soon as he landed, Mr. Brouillet told him he was
sorry to see him there; presently upon that, twenty soldiers came and carried him
with an interpreter before the bashaw who was sitting at some distance upon a rock
near the beach, and when brought before him he was told by the interpreter that the
bashaw wanted this examinant's vessel, on which the examinant desired the interpreter
on what account. He was told the vessel was wanted on account of the new king of
the Mequinos to go to Saphy to fetch some goods that were taken in a vessel com-
manded by one Captain Maxwell from Amsterdam. The examinant answered that his
vessel was not capable of going that voyage, but it was replied to him that if he would
not go they would take and send his vessel on that voyage and keep him there. Upon

'37]

AMERICA AND WEST INDIES 1738

which the English consul and the other merchants there advised him rather to go the
voyage and take care of his vessel than be kept confined there. The interpreter told
this examinant that the bashaw said he should have for his service 200 dollars, but the
consul and the other merchants there told him he must not expect a penny. When he
went on board his vessel, he found about twenty-two Moors and a small quantity of
sole leather. Being arrived at Saphy, the Moors sent his boat ashore with a pilot and
the next day boats fetched off the goods and all the Moors except a guard of three.
The ship was then loaded with oil, butter, skins and almonds, and, twenty Moors
having come aboard, the examinant was ordered to go to Sallee. During the voyage
the Moors turned him out of his cabin and told him the vessel was their's. On arrival
at Sallee, all the Moors but three went ashore, leaving the examinant at anchor for
eleven days, in which time no boat came to him. Being short of water, he went to
Gibraltar. He remained there three days and then returned to Sallee and lay five
days in sight of the town. A boat which he sent off to enquire why the Moors and the
goods were not fetched off was driven back by high seas. He then went back to
Gibraltar with the consent of the three Moors who were merchants, to whom he
offered to deliver the goods aboard provided they would pay him for hire of the sloop.
At Gibraltar they demanded the goods but refused to pay the hire. Before the judge-
advocate and Mr. Lynch, a merchant there, he offered to exchange securities, but the
Moors refused and absconded. Mr. Lynch not being willing to take the goods, the
examinant sailed to St. Eustatius and sold all that were not spoiled to the value of about
900 pieces-of-eight. Joseph Hunt, mate, John Young and William Graham, fore-
mastmen, who went on this voyage, were left at Bermuda. Copy, certified by Frederick
Morrice, Deputy Clerk of Council. i\pp. [C.O. 5, 1094, Jos. 46-49^.]

135

April 6.
St. James's.

Order of King in Council approving report of Committee for Planta-
tion Affairs that Bermuda be supplied with 50 barrels of powder, 50
skeins of match and 10 reams of cartridge at a cost of 1957. is. %d. which
is to be an article in the next estimate of the Ordnance Board. Copy, certified by Temple
Stanyan. i\pp. Endorsed, Reed. 18 May, Read 31 May 1738. Enclosed,

135. i. Value of stores proposed for Bermuda. Signed, L. Smelt, clerk of Ordnance.
\p. [CO. 37, i 3 ,/w. 46-48^.]

136 Same, approving draft of instructions for Alured Popple, governor of
April 6.^ the Bermudas. Copy, certified by Temple Stanyan. zpp. Endorsed, Reed. 1 8

St. James's. May> Read ^ May ^g ^ Q ^ l ^j os JO> ^ 53> ^ Draft of

instructions and instructions relating to trade and navigation in C.O. 5, iyi,fos. 17-58^.]

137 Captain James Wimble, lately master and owner of the Rebecca, to
April 10. Council of Trade and Plantations. The said ship was lost in a hurricane

at Rum Key after being detained by Governor Woods Rogers at New Providence and
then sent on government service, first to Exuma, then to Abico, and finally to Rum Key
where she was lost. A copy of letter dated at London, 3 April 1738, from Chaloner
Jackson and a copy of a certificate sworn 28 March 1738 in London by Richard Clarke
that Capt. Wimble was obliged by hypothecation bond to proceed on a voyage from
Boston to Cape Fair in North Carolina, are produced as supporting evidence. The loss of
the ship was due to her being sent during the hurricane months among the Moroon
Islands. Signed. $\pp. Endorsed, Reed, n April, Read 13 April 1738. [CO. 23, 4, fos.
49-5 od.]

62 STATE PAPERS COLONIAL [138

138 Lieut.-Governor Lawrence Armstrong to Council of Trade and

April 10. Plantations, transmitting copies of letter and petition from Mr. Le

Annapolis Royal. Mercier) a French minister in Boston (who calls himself an Englishman

by naturalization) in behalf of himself and associates, together with copies of the advice

and opinion of the council thereon. Signed, i small p. Endorsed, Reed, from King Gould,

Esq., Reed. 13 February, Read 16 February 1738/9. Enclosed,

138. i. Andrew Le Mercier, pastor of the French church at Boston, to Lieut.-
Governor Armstrong; Boston, 6 March 1737/8. I have been told that no governor of
Nova Scotia can give grants of lands except the grantees oblige themselves (according
to H.M.'s instructions) to pay at least a penny sterling an acre yearly for the said lands.
But the nature of the soil of the Isle of Sables, which for the most part is nothing but a
barren sand, is such that I believe nobody will undertake it on these terms. Therefore I
desire you only (if you can do no more) to secure unto me the property of the cattle
and other things which I have put upon the island and to encourage the settling of it
by me until H.M.'s pleasure be known about it and that you would be pleased to
recommend my undertaking to H.M. if needful. I will freely pay any charges such as
secretary's fees or others. Copy, attested by W. Shirreff, secretary. P.S. I am an
Englishman by naturalization, i p.

138. ii. Proceedings of Council of Nova Scotia; Annapolis Royal, i April 1738.
Agreed that the request of A. Le Mercier be recommended to the Secretary of State
and the Council of Trade and Plantations, and that in the meantime a proclamation be
made out forbidding all persons from killing or destroying any of the petitioner's
cattle on the island. Copy, attested by L. Armstrong, W. Shirreff, secretary, i p.

138. iii. Petition of Andrew Le Mercier for himself and associates to Lieut.-
Governor Armstrong, praying leave to settle the Isle of Sables and protection for
their cattle already there. Such settlement would be a great advantage to persons
shipwrecked on or near that island. Copy, attested by W. Shirreff, secretary, i p. [CO.
217, 8,>

139 Deed of surrender to Trustees for Georgia by Peter and Katherine
April 11. Gordon of house and land at Savannah, proposing Ann and Susanna,

daughters of Major William Cook, to be joint proprietors thereof. Entry \ \p. [CO. 5,
670. P> 346.]

140 Thomas Hill to Attorney-General Dudley Ryder. The Council of
April 11. Trade and Plantations have under their consideration the draft of a

commission for Capt. Vanbrugh to be governor of Newfoundland so
long as he shall continue upon that station. Commissions of this nature have always had
in them power to constitute J.P.s but have not yet extended to the erecting of courts of
judicature or commissions of oyer and terminer as is usual in the commissions of all other
governors of H.M.'s Plantations. So that there remains at present no other trial for
felonies committed in that island but that provided by 1 3th section of 25th chapter of the
Act to encourage the trade to Newfoundland passed in 10 and 1 1 William III. But as the
provision made by that Act has been found ineffectual, their lordships desire the same may
be remedied by powers in the present commission to the governor for erecting courts of
oyer and terminer in the said island. But being doubtful whether the prerogative may not
be restrained by the words of the aforesaid Act in this particular, they desire to talk with
you and the Solicitor-General upon that subject the first day you are at leisure to call at
this ofice. Entry, zpp. Note: like letter to Solicitor-General. [CO. 195, 7, pp. 407-9.]

144] AMERICA AND WEST INDIES 1738 63

141 Council of Trade and Plantations to the King, proposing that George

April 12. Clarke junior be appointed one of the council of New York in the room

of Francis Harrison, resigned. Entry. Signatories,Monson, James Bru-

denell, Arthur Croft, R. Plumer, R. Herbert, i p. [CO. 5, 112.6, Jo. 34,

142 Same to Duke of Newcastle enclosing draft of commission for Samuel
April 11. Horsey to be governor of South Carolina and lieut.-general of the

forces in South Carolina and Georgia, with representation thereon.
Entry. Signatories, R. Plumer, Monson, R. Herbert, M. Bladen. i p. Enclosed,

142. i. Same to the King, n April 1738. The draft of Samuel Horsey's commis-
sion is in the usual form save only in such particulars as by your commands were to be
altered in order to preserve Mr. Oglethorpe's military command. The necessary in-
structions will be prepared with all possible dispatch. Entry. Signatories, as covering
letter. i\pp. [C.O. 5, 410, pp. 253-255; draft in C.O. 5, 38i,/oj-. 264-266^.]

143 Minutes of Common Council of Georgia. Read letter of 19 January
April 12. 1737/8 from William Stephens [see No. 29]; ordered that the secretary

ce ourt. wr j te to hj m an j insert in the letter the clause in the printed terms
offered to persons going at their own expense relating to females and acquaint him that
the Trustees think proper to adhere to covenants made in their grants and that they will
take the forfeit of grants of those who neglect to cultivate their lands. Read petition of
Abraham De Lyon of Savannah for a loan of zoo/, to help with the cultivation of vines ;
referred the same to committee of accounts. Ordered that the drugs Mr. Hawkins has
sent an invoice of be bought and sent to Frederica; that 90 tons of flintstones, 2 tons of
Swedish iron, 2 tons of Siberia iron and 2 cwt. of steel be bought for the churches at
Georgia. Read report from committee of accounts that the provisions from Philadelphia
may be properly paid out of the money for maintenance of servants, amounting to 847/.
5.f. %\d.; ordered that it be so paid Ordered that 45/. 19^. be paid for the mace for Savan-
nah. The board being acquainted that the Three Sisters which delivered 120^ heads of
servants in Georgia is arrived in England ; ordered that 2oo/. be paid to Mr. Wragg on
account of the said passengers till the extraordinary charge for want of a pilot at Tybee
can be settled, and that the account of the said charge be referred to committee of accounts.
Certified account for 5047. 9^. \id. to Robert Ellis for provisions and firestones, dated i
February 1737/8, was brought for payment; ordered that it be returned. Ordered that z/.
IQS. be paid to Mrs. Mary Cooper for rent of house in Savannah. Read petition from
Peter Gordon and wife surrendering house and lot at Savannah and proposing Ann and
Susannah Cook, daughters of Major William Cook, and their heirs male to be joint pro-
prietors thereof; ordered that the house and lot be so granted. Resolved that i,ioo/. be
paid to Aid. Heathcote on account. Signed draft on the Bank for i,8jo/. being the said
i,ioo/. and 7507. for payment of sola bills. Resolved that letters and papers received this
day from Georgia be referred to committee of correspondence. 4j/>/>. [C.O. 5, 690,
pp. 133-137.]

144 Minutes of meeting of Trustees for Georgia. Read letters from Thomas
April 12. Hawkins dated 28 November 1737, from same dated 10 January 1737/8,

* urt> from William Stephens dated 19 January 1737/8, from Thomas Causton
dated 14 January 1737/8, from Mrs. Martha Causton dated 16 January 1737/8, and from
Thomas Hird to Col. Oglethorpe dated 5 December 1737. i\pp- [CO. 5, 6%j,pp. 66-67.]

64 STATE PAPERS COLONIAL [145

145 Translation of part of a letter dated at Charleston, South Carolina, 9
[April 12.] April 1737, written in High German by Rev. Bartholomew Zouber-

buhler to his son Sebastian Zouberbuhler in London. After a great deal of trouble the
government of South Carolina resolved on 2 April to assist the people with three petti-
agoes for transporting them and their baggage hence to New Windsor, but that in case
they wanted more the people should provide them at their own charges. Whereupon the
people, who absolutely refused to be at the charge of a sufficient number of petti-agoes
and boats, came to me and told me that, as I had promised them that they should be
carried to the place free of all charges, so they desired that I might provide them with a
sufficient number of petti-agoes and boats. Thus I found myself obliged to hire one
petti-agoe over and above those provided by the government, for which I am to pay one
pistole per diem ; as also two trading boats to carry them and their baggage from Purrys-
burgh up the river to New Windsor, for the petti-agoes cannot go higher than Purrys-
burgh. All which expenses fell upon my account. And therefore you must see to find
ways and means for discharging the said expenses.

Translation of part of a letter written by same hand at Charleston, 4 December 1737.
The people employed four full weeks in going hence to Purrysburgh and seventeen days
more thence to New Windsor, just at the time of the heavy rains and afterwards of the
excessive succeeding heats, which being added to their hard labour has been the occasion
of a great deal of sickness among them and even of deaths, so that forty of them died in a
very short time. Certified, a true translation by Sebastian Zouberbuhler. i\pp. Endorsed,
Reed, from Mr. Sebastian Zouberbuhler. Reed., Read 12 April 1738. [C.O. 5, $66,fos.
54-55^-]

146 Captain James Gascoigne to Harman Verelst, acknowledging letter of
April 13. i j December. I received the enclosed (last night) from Mr. Causton

wn i c ^ came to him by express from Carolina. Being just cleaned and
fitted I was designed to cruise off Savannah to meet the transports but
have now changed my resolution (on this advice) thinking it most for the service to con-
tinue at this place to guard and keep open the southern passages and shall use all possible
means to get the best intelligence from the southward, and to that purpose sail to-
morrow. The depositions of some seamen belonging to the vessel wherein Lyford was
only confirming the enclosed advice, I omit it. Signed, i p. Enclosed,

146. i. [Wigg and Woodward 1 ] to Thomas Causton; Beaufort, 6 April 1738.
This day Capt. William Lyford arrived here. On 3rd inst. he was off the bar at St.
Augustine and saw four sail at anchor, one seemed a ship of great force. They showed
no colours and boats were coming and going from the town as if loading them. Capt.
Lyford believes them to be a Spanish fleet bound to Georgia or this province. Copies of
his and the affidavits of two of the men are sent to you, the originals to Charleston.
Copy, certified by James Gascoigne. i p. [C.O. 5, 640, Jos. 75-76.]

147 John Martin Bolzius to Harman Verelst acknowledging letter of 14
April 13. December last and the resolution of the Trustees to increase the charges

of building houses and a school house to 3o/. sterling and allowing the
last Salzburghers cattle, hogs, poultry and other necessaries which Mr. Causton will
procure as soon as possible. We will never be wanting to beseech God for rewarding the
Trustees sevenfold. We and our Salzburghers live in a very good health, being now very
busy in planting their cleared ground, amounting to about 2000 acres of which they hope

l Scc No. 157.

148] AMERICA AND WEST INDIES 1738 65

better crops than last year. Signed. 3 small/*/!). Endorsed, Reed. 13 December 1738. [CO. 5,
640, Jos. 79-80^.]

148 Council of Trade and Plantations to the King. We have prepared draft

April 13. o f a commission for Philip Vanbrugh, commander of Chatham,
appointed governor and commander-in-chief in and over Newfound-
land. In i o and 1 1 William III an Act was passed to encourage the trade to Newfound-
land wherein provision was made for the trial of all capital crimes (committed in New-
foundland) in England, since the passing of which Act some offenders have been brought
over and usually tried at Exeter. But it has been frequently represented to this board by
several of your former commodores and particularly by Commodore Lee in 1736 that
such criminals cannot be brought over to England without a very great expense to you
and the public and that their conviction is attended with many difficulties because the
evidences in such cases do always endeavour to avoid being carried over to England,
whereby they lose one year's fishery and likewise be subject to other considerable
expenses and be obliged to return back to Newfoundland at their own cost. You have
already in the first year of your reign granted a commission empowering the commodores
on the Newfoundland station with several others for the time being to try criminals for
all offences committed on the high seas or in any creek, harbour, bay etc. within the
Admiralty jurisdiction, and also by commissions to the several commodores since 1729 to
empower them to constitute and appoint J.P.s with other necessary officers and ministers
for the better administration of justice and keeping the peace and quiet of the island and
to hold quarter sessions according to the custom of England : all which powers have been
put in practice without being attended with any inconvenience but are not sufficient to
remedy the evils at present complained of. We therefore apprehend that criminals should
be tried in Newfoundland as well for capital offences committed on shore as in a creek
or harbour, and have therefore had the advice of your attorney- and solicitor-general
\vho are of opinion that there is nothing in the aforesaid Act which does abridge your
power of erecting a court or courts for trying capital offences in Newfoundland.

Whereupon we had added a clause in the same form with that given to the governors
of your other Plantations in America empowering Mr. Vanbrugh to appoint judges and
commissioners of oyer and terminer for trying all criminal causes and awarding execution
thereupon; but as this power might be too much to be entrusted in the hands of judges
and juries very little skilled in such proceedings we have added also the 67th article to
his instructions whereby he is required to allow but one court of oyer and terminer in a
year and that only when he or the commander-in-chief is resident on the place, and not
to suffer any person to be executed pursuant to the sentence of such court until a report of
such trial be made to you in council and your pleasure signified thereon, by which caution
we are of opinion the great inconveniences attending the present method of bringing
such criminals to trial will be removed and all the ill consequences that might be appre-
hended from the ignorance or partiality of juries then prevented, a sufficient time being
thereby allowed for any person condemned to make application to you.

Commodore Lee in his answers to several enquiries relating to the trade and fishery of
Newfoundland having informed us of an evil custom arisen in the curing of fish there,
which does not appear to be provided against by the Act for encouraging the trade to
that island, we have added the 68th article in order to find out some proper means to put
a stop to an evil so very detrimental to that trade. These are all the alterations from those
given to former governors of Newfoundland. Copy. Signatories, Monson, M. Bladen,
Edward Ashe, R. Plumer. 6 pp. Enclosed,

148. i. 13 April 1738. Extract of Governor Vanbrugh's commission granting the

5 XLIV

66 STATE PAPERS COLONIAL [149

powers mentioned in the above report. [Marginal notes indicating words finally omitted by
the Council, .] 3 pp.

148. ii. 25 May 1738. Order of Council on the above report. [See No. 240] Copy.
3 pp. [CO. 194, 2i,/w. 7-13^]

149 Same to Duke of Newcastle enclosing draft of commission and instruc-
April 13. tions for Philip Vanbrugh to be governor of Newfoundland together

with representation thereon. Entry. Signatories, M. Bladen, Arthur
Croft, R. Plumer, R. Herbert, i p. Enclosed,

149. i. Same to King, 13 April 1738. Entry, of No. 148. (>\pp.

149. ii. Draft commission to Philip Vanbrugh, Governor of Newfoundland.
Entry. 1 i pp. \with note of words left out by the Council.]

149. iii. Draft instructions to the same. Entry. 50 pp. [CO. 195, 7, pp. 409-477.]

150 Same to same, transmitting draft of general instructions as also of those
April 14. relating to Acts of Trade for Lewis Morris, governor of New Jersey,
Whitehall. together with representation thereon. Entry. Signatories, Monson,

M. Bladen, James Brudenell, R. Plumer, R. Herbert, i p. Enclosed,

150. i. Same to King, 14 April 1738. The following are the alterations. In the
first article we have inserted as usual the names of twelve councillors, vizt. John
Hamilton, John Wells, John Reading, Cornelius Van Horn, William Provost, John
Schuyler, Thomas Farmer, John Rodman, Richard Smith, Robert Lettice Hooper,
Robert Hunter Morris, and Fen wick Lyell. Of this number the first five are actually in
the exercise of that function, the remaining seven are recommended to us as persons
well qualified. We have omitted the name of James Alexander who stands upon the
old list of councillors because we have been informed he is a person not proper to
serve in that station and represented the same to you in our report of 28 August 173 5.

We have omitted the z8th article for laying as high duties on all goods imported
in or exported from New Jersey as from New York, it being contrary to the general
tenour of your instructions to all your other governors in America to lay any duties on
British goods or shipping.

We have omitted the words 'New York' in the 3 ist article relating to the provision
for the lieut.-governor in the absence of the governor, as likewise the proviso at the
end of it which relates to the governor's going into Connecticut to regulate the
militia. When both New York and New Jersey were under one governor this might
be necessary but not at present. We have omitted the 5 7th article relating to the
affirmation of Quakers, that being provided for by an Act passed in this province in
1727/8. We have likewise omitted the 9151 article relating to the trial of pirates, Mr.
Morris not being as yet appointed a commissioner for that purpose. Entry. Signatories,
as covering letter. 4 pp.

150. ii. Draft instructions to Governor Lewis Morris of New Jersey. 86 pp. [CO.

5,996,^). 408-498!.]

151 Governor William Mathew to Alured Popple, enclosing minutes of
April 15. council and assembly of Montserrat for quarter ending 25 March last.

I have no other public papers to transmit. Duplicate, reed, before
original. Signed, i small p. Endorsed, Reed. 5 June, Read 9 June 1738. [CO. 152, 23,
Jos. 149, i49d., 154, i54d.]

Pagination of C.O. 5, 996 is faulty : see pp. 308-398.

155] AMERICA AND WEST INDIES 1738 67

152 William Stephens to Harman Verelst, referring to his letters of 19
April 15. January, 27 February and 29 March. At the same time you receive this

you will also (I presume) have ample dispatches from Mr. Causton
informing the Trustees in what a state of jeopardy we live here at present. I now enclose
a continuation of my journal from 27 February to this time wherein I seldom fail to run
even into the most minute passages that occur and am particular (I fear) to a fault. Here-
with I send duplicates of letters of 27 February and 29 March. Your own imagination will
inform you as well as I can what countenances we wear at this instant, some calm and
resolute, some wavering and doubtful of the event, and others overcome with abject
fears insomuch that they have been looking for some creephole out of the province for
the safety (as they would have it believed) of their wives and families. The general cry is
that the fort begun last year and carried to such a length not being since made defensible
leaves them no place to retreat to for refuge in case they are overpowered. Should it come
to such a push I am apt to think the dons however may meet with a reception they did not
expect and there are not a few among us I see who are ready to dispute the rights of
Georgia with them if they try it, which undoubtedly they were just ready for very lately
when we little thought of it, as appears from the late informations, and would have
visited us ere now had not the court of Spain providentially put a stop to it, as Preu
deposes if he is to be credited. Nevertheless at best, as they acknowledge of themselves
that their design is to build a fort on the Old Apalachee Fields, that will certainly raise
contention among the Indians in separate alliance with them and us, and probably be the
occasion of some ravage etc. In the meantime till we know further an absolute stop is put
to any person's going out of the province that, howsoever their own courage may fail
them, others may not become intimidated by their flight. It is to be hoped a few days
more will give us a full view of the Spaniards' intentions and it is both hoped and wished
that in as little time we may have the pleasure of seeing Col. Cockran and some true
Britons at his heels who will effectually clear all doubts among us. We think it long since
we were first bid to expect them which your letter of 1 3 December confirmed and thereby
enlivened us all. Let it suffice at present to acknowledge yours of 14 December contain-
ing some short orders from the Trustees which I shall pay due regard to. Mr. Jenys
(brother to him lately deceased and newly come to Charleston from London) having been
with us in this town for two or three days and informing us that he designs to make his
abode in Charleston for a year or two at least and that the house will be continued there in
the same manner as formerly, I cannot scruple to commit this to his care, as Mr. Causton
also tells me he shall what he has to send. Signed. ^\pp. Endorsed, Reed. 12 July 1738.
[CO. 5, 640, fos. 81-82^.]

153 Memorial of Ralph Noden, agent for Bermuda, to the Council of
[April 17.] Trade and Plantations, praying for a time to be heard against an Act

passed in New York for laying a heavy duty on tonnage, which affects the trade of
Bermuda. \p. Endorsed, Reed. 17 April, Read 18 April 1738. [C.O. 5, 1059, Jos. 42-43^.]

154 Minutes of meeting of Trustees for Georgia. Received receipt from
April 19. Bank for 2/. zs., consideration money for grants to Capt. William Wood

: Courtl and James Carteret. />. [C.O. 5, 687, p. 68.]

155 Address of condolence by Governor, Council and Representatives of
[April 19.] Massachusetts to the King on the death of Queen Caroline. Signed,

Jonathan Belcher, Governor, Josiah Willard, Secretary, John Quincy, Speaker, i large/).
Endorsed, Reed. 29 June 1738 from Mr. Wilks. [C.O. 5, io,Jo. 337, 337^.]

68 STATE PAPERS COLONIAL [156

156 Council of Trade and Plantations to Duke of Newcastle, enclosing the
April 20. following papers relating to seizure of English sloop by French. Signed,
Whitehall. Monson, Edward Ashe, M. Bladen, R. Plumer. i p. Endorsed, Copy

sent to E. Waldegrave, n May 1738. Enclosed,

156. i. Governor Mathew to Alured Popple, i March 1737/8. Copy, of No. 85.1^).

1 56. ii. Governor of St. Eustatius to Governor Mathew, 20 February 1738. Copy,
of No. 8ji. *\pp- [C.O. 152, 40, Jos. 316-322^; entry of covering letter in C.O. 153,
i6,/o. 68.]

157 Thomas Causton to Trustees for Georgia. On 8th inst. I received
April 20. advices from Messrs. Wigg and Woodward, two of H.M.'s J.P.s at

Beaufort, copy enclosed 1 . These I immediately sent by messenger to the
southward with copies to Capt. Gascoigne, Mr. De Legall, Mr. Horton, and Lieut.
McKintosh. Capt. McPherson and Capt. Eneas McKintosh being here, I had the oppor-
tunity of giving them personal notice and receiving their several promises to be vigilant
and keep in readiness for any necessary service. This sudden alarm coming to my hands
before my letter of 7th inst. was finished has obliged me to postpone it by giving this the
preference. On nth, at night, arrived here a schooner from St. Augustine which
belonged to Caleb Davis residing at that place. He having occasionally let fall expressions
concerning the state of affairs there, he was apprehended by the officer on duty and
brought to examination next morning, copy enclosed 2 . As this is a confirmation of the
first advices with other particulars, I sent a copy of this examination to the president of
council of Carolina, as also (by water express) to Capt. Gascoigne. On this day the land
messenger returned and brought me the enclosed answers to mine of 8th 3 . As to that of
Capt. Gascoigne, he having in a former letter given me particulars of stores necessary for
repairs of boats, I have procured and sent some part of them and am endeavouring to get
the remainder which I shall respectively send so soon as they come to my hand. As to
that of Mr. De Legall, our wheelwright (partly for want of particular instructions) has
been a long time making carriages for the guns under his care, but having finished only
six I sent them on 1 2th inst. and the remainder will be finished in a short time. As to that
from Mr. Horton I have supplied him with ammunition pursuant to your orders and
particularly on 3 March last at Mr. Augspourger's request (he being here in person)
supplied that store with one barrel cannon powder, 14 quarter-cask FF powder (very
good), i cwt. 2 qrs. 2olbs. musket ball and 4 cwt. traders bullets which he himself
examined and approved, being all the cannon powder I then had. As Mr. Bromfield
has now no powder I am afraid it is out of my power to get any that is good elsewhere,
but shall use my endeavour to prevent a want of anything so necessary for defence. As
to that of Mr. McKintosh at the Darien, he advises that he wants neither for provisions
or ammunition.

It is necessary for me on this occasion to represent to you the present state of our own
arms and ammunition and therefore refer to enclosed account 3 . Upon my receiving the
first advices of this alarm the constables called the people to arms by beat of drum and
there appeared at four hours notice about 80 persons of whom (according to their report)
there was not above four defective in their arms. The people in general continue their usual
alertness on these occasions, but the former clamours for forts and commanding officers
revive, concerning which I have a steady regard to your orders and will not act otherwise.

On 1 8th inst. Mr. Montaigut communicated to me a letter, copy enclosed 3 , from the

1 See No. 1461
*See No. 2971
*Not found.

159] AMERICA AND WEST INDIES 1738 69

president of council for South Carolina. He complained very much of being unable to
supply the Indians with provisions on their arrival and desired my assistance: as I had
the same day received 1,700 bushels of corn from Robert Ellis I offered to lend him 200
bushels to be returned in the like specie, and I believe he will accept it. Signed, z pp.
Endorsed, Reed. 16 June 1738. [C.O. 5, 640, Jos. 83-84^.]

158 President William Bull to Council of Trade and Plantations. I beg
April 20. leave by this opportunity to lay before you the informations we have

0l fCharleston ]* ^ ate ^Y received of the great preparations which were made at Havana to
invade this part of H.M.'s dominions and particularly the colony of
Georgia. The Spaniards have given out a report that their design is now laid aside in
consideration, as they pretend, that Gibraltar, Port Mahon and Georgia are to be given
up to his Catholic Majesty. But how far that is to be credited or depended on you best
know. However in the meantime the Spaniards are sending men to settle a fort at
Apalatchie Old Towns, which place was conquered in 1702 or 1703 by the people of
Carolina with some Indians in amity with this government under the command of Col.
Moore. A more particular account will be laid before you as soon as it can be prepared.
Signed. \\ small pp. Endorsed, Reed. 5 June, Read 6 June 1738. Enclosed,

158. i. Affidavit of Joseph Preu of South Carolina, mariner, sworn before
William Bull in the Council Chamber, South Carolina, 16 April 1738. Deponent was
imprisoned in Moor Castle, Havana, from 26 September 1737 to 26 March 1738,
understanding that he was confined in order to be a pilot for an expedition against
Savannah. It was publicly known in Havana that a force was being prepared to
invade Georgia, but orders came from Spain in March 1738 putting a stop to the
intended invasion, agreement having been reached between England and Spain. It
was currently reported that this agreement was for the return of Georgia, Gibraltar
and Port Mahon. Deponent was released at St. Augustine in April 1738. While he
was there, a proclamation was read that all slaves running from the English should
have their freedom. He was told that the Spaniards were about to make a settlement
at Apalachee. Copy, certified by J. Badenhop, clerk to the council. 3 pp.

158. ii. Affidavit of Captain William Lyford, late commander of Fort Frederick,
sworn before Thomas Wigg at Beauford, 6 April 1738. On 3 April, deponent saw
several ships and sloops which he believed to be Spanish off St. Augustine bar, their
boats passing between the town and the vessels lying off. Copy, certified as preceding.

158. iii. Affidavit of William Hodge and William Patterson, seamen, aboard the
sloop Unity, Capt. Brixy, to same effect as preceding. Copy, certified as preceding. \p.
[CO. 5, 366,/w. 67-69^.]

159 Same to Duke of Newcastle. It is with great concern that I acquaint
April 20. you with the dangers we apprehend this part of H.M.'s dominions to be

on ' under and particularly that of Georgia from the great preparations
which have been made at Havana, which if carried into execution with success must have
reduced that colony as well as this to the utmost distress if not entire ruin. This
formidable undertaking will appear more particularly by the enclosed depositions of
William Lyford and Capt. Joseph Preu who gave us the first informations of it, to which
I refer you. Such a situation obliges us to repeat an application to you for your powerful
intercession to H.M. for his further protection and assistance for these frontier parts of
his dominions which lie so much exposed; and notwithstanding the pretences of the
Spaniards that their intentions against these parts of H.M.'s dominions are laid aside, we

70 StATE PAPERS COLONIAL [l6o

have much reason to believe the contrary since they still continue to keep the 37 pinnaces
and lances, six half galleys mentioned in the above depositions at St. Augustine where
they can possibly be of no use or service to them unless they continue their first design of
making a descent upon Georgia in which case they will be of singfular] 1 service to them
and of the utmost disadvantage to us. The Spaniards are going to settle the Old Appal-
achee Towns which were formerly possessed] 1 by the Spaniards and the Appalachee
Indians, who were conquered and dispossessed by the English of Carolina and Indians in
amity with this government in 1702 or 3 under the command of Col. Moore, a more
particular account of which I am preparing to represent and lay before you. Signed. i\
small pp. Endorsed, Reed. 29 June. Enclosed,

159 i. Affidavit of Joseph Preu. Copy, of No. 1 581.3 pp.

1 5 9. ii. Affidavits of William Lyford, William Hodge and William Patterson.
Copy, of Nos. 158 ii-iii. i p. [CO. 5, 388, fos. 174-178^.]

160 Affidavit sworn before President William Bull by James Ho well of
April 21. South Carolina, master of the schooner Beaufort. He was detained at

C tl /"" 1 *

St. Augustine by order of the governor in January last; no Englishman
was suffered to write or speak to another. The governor sent a pettiaugua with 20 men
to keep a lookout at St. Juan's : deponent heard the commander say that he was not to
open his orders until he arrived at St. Juan's. About 20 March, 37 pinnaces, galleys and
launches arrived at St. Augustine, well-manned and armed, particularly the six galleys
which were well-built and made to go in shoal water, each with three guns, twelve-
pounders, in their bows and 50 soldiers. On ist instant there arrived three snows and two
schooners attended by a 24-gun ship of war and a lo-gun sloop. Deponent understood
that by one of these snows came advice to the governor of St. Augustine to countermand
the expedition intended against Georgia. Deponent had traded there for five years and
never knew more than 500 men in garrison there; now there were 1,500 disciplined men
and zoo Florida Indians. He further heard that these forces were to be joined by others
from Havana making together 7,000 men, two 6o-gun ships and other ships of war, that
100 great guns were put on a Spanish man-of-war to settle a fort at Frederica, (Footnote :-
There is a fort already erected at that place by Mr. Oglethorpe with a garrison in it. It is
looked upon to be a post of great importance) and that 1,500 French were to join the
Spanish forces on their settling of Georgia. Deponent has no reason to think Spanish
designs on Georgia are suspended : he heard the captain of horse at St. Augustine say
that the government of England had agreed to evacuate Georgia in six months and that
the main body of the forces would return to Havana. The man-of-war and the lo-gun
sloop sailed for Havana before deponent's departure. He heard a proclamation made
that negroes who ran away from the English should be free. Signed. 2 pp. [CO. 5, 384,/0.

161 Council of Trade and Plantations to Committee of Privy Council.

April 21. Pursuant to your order of 13 March referring back our report on the

Whitehall. petition of Sebastian Zouberbuhler, we have been attended by Mr.

Simond who carried some Swiss families to South Carolina and being delayed at Rotter-

dam drew bills for 1377. IQJ-. on Mr. Zouberbuhler's father; he acquainted us that the

expense of carrying over the said families was very great but he does not know by whom

that expense was borne. Mr. Zouberbuhler produced papers relating to further expenses

in Carolina of about 30 pistoles. But we do not see any reason to alter our opinion in our

torn,

165] AMERICA AND WEST INDIES 1738 71

report to you of 20 January or to recommend to H.M. the granting of the petition. Entry.
Signatories, Monson, Edward Ashe, R. Plumer, R. Herbert. 3^ pp. [CO. 5, 401, pp. 255-
258; draft in CO. 5, $&i,fos. 267-268^.]

162 Messrs. Crokatt & Seaman to Harman Verelst. The goods and two

April 22. boys you sent arrived here 10 January and were sent to Mr. Causton on
1 6 January, also ten pieces of best ozenbriggs. They arrived safely, but
we have had no receipt from Mr. Causton though three times requested. Please pay the
money to Mr. Pomeroy & Sons on our account, supposing Mr. Causton has intimated
receipt to you. This day Capt. Scott in one of our men-of-war arrived from before St.
Augustine where he had been to see what number of vessels were there. He was 48 hours
at anchor off their bar and says he only saw one sloop and one brigantine. We have had
certain advices that the Spaniards were designed against Georgia this spring but are now
by advices from Havana assured it is all over and that such is entirely laid aside. Those
reports occasioned some stir here and at Georgia for some weeks past, but now all fears
seem entirely over. We are daily in hopes of hearing the safe arrival of Gen. Oglethorpe's
regiment which is very much wished for; as yet no appearance of them. Signed. P.S. There
is lately arrived at St. Augustine 5 oo men with their families. They are to build as I hear
barracks on the island of St. John's to northward of St. Augustine and settle there. Their
pay ship is also come which enables them to discharge their old debts due here and at
New York. 4 small pp. [CO. 5, 640, fos. 85-86^.]

163 Governor Jonathan Belcher to Duke of Newcastle. I received the 4th
April 22. i ns t. your letter of 2 1 November last, acquainting me with the death of

the queen, which I believe is an irreparable loss to H.M. as well as an
unspeakable one to his kingdoms and dominions. May Almighty God support the king
under so severe an affliction and preserve his precious life to a long, long date and en-
compass the whole royal family with his divine benedictions. I received the melancholy
news about a month before your letter and gave the proper orders for mourning and
solemnised the obsequies here on 23 March in the handsomest manner I could and
ordered the same at New Hampshire on i3th inst. Signed. 3 small pp. Endorsed, Reed. 10
June. [CO. 5, 899, fos. 325-326^.]

164 Thomas Jenys to Trustees for Georgia. My late brother appointed me

his executor with my sister. The accounts subsisting with you I have
settled with Mr. Causton and go enclosed and endorsed in favour of
my friends, Messrs. Smith & Bonovrier. I have likewise enclosed an account of the dif-
ference in the exchange amounting to z6/. is. zd. relying on your justice for the discharge
of so equitable a demand.

Great care was being taken to defend Georgia when the report came that there were
four sail of ships off St. Augustine. [See No. 146!] In Georgia I met Capt. Prew and heard
his report. [See No. 297!] Capt. Scott of H. M.S. Seaford now reports that all looks quiet
at St. Augustine. Your forts and passes were in good order and well guarded and a con-
stant watch on the bluff. Several boats had been out and returned in peace and safety.
The trees in your garden and the silkworm magazine flourish; some few oranges met
with a blight. Signed. P.S. I shall rejoice to execute your commands as my predecessor did.
zpp. [CO. 5, 640, fos. 87-88</.]

165 Thomas Hill to Francis Fane, enclosing four Acts passed in Barbados

April 25. i n jyjy f or his opinion thereon in point of law, vizt, Acts for ascertain-

72 STATE PAPERS COLONIAL [l66

ing price of meat; to encourage Simon Scantlebury and Philip Jackman in a project for
recovering blasted cane; for explaining and amending an Act to quiet the minds of
the inhabitants; for raising a levy to supply deficiency of the excise. Entry. i\pp. [C.O. 29,
i6 t pp. 67-68.]

166 Capt. James Gascoigne to Harman Verelst. Since mine of i3th (enclo-
April 25. s ing Lyford's affidavit to have seen six sail off the bar of St. Augustine

Sound Georgia 3 rt * ^ ^ s month), on i7th I received a letter from Capt. Scott of the
Seaford then at anchor off this bar informing me he was dispatched by
Capt. Windham who was to follow in a few days to join me, desiring to know if I was
under any apprehension of being attacked, if so he would come in, if not he would
proceed on to Augustine and would (at his return) let me know in what situation he
found the Spaniards. I acquainted him to have heard nothing but from the account on
which he sailed and would join him in the morning early with Hawk and Ranger. Accord-
ingly I sailed at daylight but found he had sailed in the night on receiving my letter by
his lieutenant. Next day I returned to the sound and received the enclosed, dispatched
from Mr. Causton. I left the Ranger without, to cruise and give notice to me of anything
might come in sight. The 22nd the Seaford returned when Capt. Scott advised me the
coast was clear but that he had counted two snows, one brigantine and two sloops in
Augustine harbour. He lay off the harbour 30 hours in which time the Spaniards fired
many guns, therefore believes his visit surprised them. In consequence of which I am
in daily expectation of a launch according to the usual custom of the Spaniards on alike
occasions. Signed, i p. Enclosed,

166. i. Affidavit of Joseph Preu taken on 12 April 1738 before Henry Parker and
Thomas Christie. [Same though with small discrepancies as No. 2974] Copy. 2 pp. [C.O. 5 ,
640, fos. 90-91^.]

167 Samuel Davidson to John Ridyard acknowledging letter of March
April 26. 1736/7. All of us here have been wonderfully protected by providence,

very few have died and none sickly. We have great increase of children
and women bear that in Europe were thought past their time. The cattle and hogs that
were given us on credit thrive very well and fowls in great abundance. Signed. i\pp.
Endorsed, Reed. 6 October. [C.O. 5, 640, fos. 93-94^.]

168 Samuel Davidson to John Gilbert, acknowledging letter of 28 Feb-
April 26. ruary 1736/7 received n June. I have six acres and 38 perches of land

well-fenced and hope for a better crop than last year. I have done
everything by my own labour except one servant whose time run to nine months for ill.
ioj. sterling. I was not able to bring over my own servant there being no room in the
ships. We want nothing but the return of Gen. Oglethorpe to be quiet and easy in our
possessions. If you fancy to come over to us, get all the servants you can and be careful
of them at sea, for they will bring you money or enable you to live handsomely on your
plantation. I should be glad to see you and as many of our friends that think proper to
come. Signed. P.S. Pray tell Mr. Crofts to write to me for I do not know where to direct
to him. 3^ pp. Endorsed, Reed. 6 October. [C.O. 5, 640, fos. 99-100^.]

169 Minutes of Common Council of Georgia. Read grant of 500 acres of
April 26. l an d to Capt. Alexander Heron of Col. Oglethorpe's regiment. Seal

Palace Court, affixed, secretary to countersign and register with auditor of plantations .
Ordered that a lease and release of 3,000 acres in trust for jo-acre lots to men Protestants

174] AMERICA AND WEST INDIES 1738 73

who desire to have them within three years from date thereof be prepared; seal to be
affixed and secretary to countersign. Seal to be affixed to lease and release of 3,000 acres
of land in trust for 5 acres to each soldier of Gen. Oglethorpe's regiment, secretary to
countersign. i\pp. [CO. 5, 690, pp. 138-139.]

170 Minutes of meeting of Trustees for Georgia. Received of Mr. Tracy
April 26. I0 /. subscription towards building churches in Georgia. Rev. John

Wesley attended and left the appointment of him by the Trustees to
perform ecclesiastical offices in Georgia; resolved, that the authority granted him on
10 October 1735 be revoked, f p. [CO. 5, 687, p. 69.]

171 Grant to Capt. Alexander Heron of Gen. Oglethorpe's regiment of
April 26. 50 o acres of land in Georgia. Entry. %p. [CO. 5, 6jo,p. 347.]

172 Benjamin Martyn to Rev. Mr. Ziegenhagen. Mr. Vernon has this day
April 26. i a id before the Trustees your letter with the extract of Mr. Urlsperger's

to you relating to effects which the Salzburghers left behind them in
Salzburgh. On a former application from Mr. Urlsperger, the Trustees sent a letter to
Mr. Bolzius acquainting him that Mr. von Ploto had secured effects belonging to the
Salzburghers to a considerable value and asking him for a specification of the demands
of the Salzburghers at Ebenezer. They have as yet received no answer; when they do
they will acquaint you of it and do all in their power to obtain satisfaction. Entry, i p.
[CO. 5, 667,70. 54-]

173 F. M. Ziegenhagen to [James Vernon 1 ] enclosing the following. If the
April 26. Trustees will send proper instructions and power to Mr. Urlsperger,

I hope for success. Two letters that go hereby are same I mentioned
yesterday; time enough to return them next Tuesday. Signed, i small p. Enclosed,

173. i. Extract of letter dated 20 March 1737/8 from Rev. Mr. Urlsperger at
Augsburg to Mr. Ziegenhagen. The Prussian commissary at Salzburgh is willing to
serve the Salzburghers in Georgia in recovering their effects. It is true 1438 gilders
does not come to a great deal but better than nothing. As soon as I have orders from
the Trustees I shall do what lies in my power, i small p. [CO. 5, 640, fos. 95-96.]

174 Erasmus James Philipps and Otho Hamilton, commissioners for
April 27. settling boundary between Massachusetts and New Hampshire, to

Council of Trade and Plantations. The money received from Mas-
sachusetts and New Hampshire for travelling and subsistence has been inadequate. We
beg you will use such means as may induce them (agreeable to their own Act of assembly)
to make us a generous and just satisfaction for our trouble and expense and near nine
months absence from home on that service. Signed. \\pp. Endorsed, Reed, from King
Gould, Esq., 13 February, Read 16 February 1738/9. Enclosed,

174. i. Boston, February 1737/8. Same to agents of Massachusetts for managing
the settlement of the boundary lines, applying for payment of expenses. Otherwise
they will be obliged to return to Annapolis. Copy, z pp.

174. ii. Boston, February 1737/8. Same to Governor Belcher to same effect.
Copy. i\pp.

174. iii. Boston, 12 February 1737/8. Erasmus James Philipps to John Rindge,

iScc No. 172.

74 STATE PAPERS COLONIAL [175

signifying intention of returning presently to Annapolis with Capt. Hamilton. There
remains due to them ninety odd pounds each and to Mr. Skene in proportion for the
time of his attendance. Copy. ^\ pp.

174. iv. Portsmouth, 17 February 1737/8. John Rindge to Erasmus James
Philipps, in reply to preceding. He has no money from the government. If Mas-
sachusetts had paid the balance of the account of the cost of the commission and
expenses that would have been sufficient to pay the commissioners. As a committee
man he is ready and willing to advance his quota of what is due. Copy, i p. [C.O. 5,
88i,/0.r. 51-57^.]

175 Thomas Hill to Josiah Burchett. In reply to your letter of 3 March
April 30. I S end the usual heads of enquiry relating to the fishery at Canso.

Commission and instructions for Capt. Philip Vanbrugh will be sent
to the Duke of Newcastle. Entry, i^pp. [C.O. 195, 7, pp. 478-9; another entry in C.O. 218,
z,pp. 344-5-]

176 Minutes of Common Council of Georgia. Read report from corn-
May 1. mittee of accounts: having examined several accounts from Georgia

" urt ' they find that large credits had been given to several persons by Mr.
Causton for which no order had been sent and were of opinion that he must be called
upon to give an account to the Trustees. They had likewise considered of the list of
servants transmitted by Mr. Stephens, wherein the first article consists of 40 servants on
account of the Trust brought into the colony by Capt. Thomson in November last and
ordered to the Darien for sawing plank under the direction of Lieut. Moore Mackintosh,
which being a charge on the Trust they submit whether it is not necessary to appoint
some other inspectors to take care that the servants under his direction be so employed
and an account taken of what they have done and shall continue to do and how the
produce of their labour has been applied for the benefit of the Trust. Fifty-six more
servants on board the Two Brothers (though brought into the colony at the owner's risk
and 44 of them contracted for by private inhabitants settling at their own expense) have
been placed by Mr. Causton to the account of the Trustees and have all but 1 2 been
distributed by him to private persons without any authority, and therefore the com-
mittee were of the opinion that the charge of the said 44 servants must be answered for
by Mr. Causton. By the Three Sisters, Capt. Hewitt, 1 20^ heads of foreign servants were
brought into the colony 24 December last, whereof 67 heads were put under Mr.
Bradley, and the committee submit whether it is not necessary to appoint some other
inspectors to take an account how those servants are employed and how the produce of
their labour shall be accounted for to the Trust. 9! heads more of the said servants were
indented to Mr. Causton without any authority, whereof the charge must be answered
for by him. They had examined the sums paid in and applicable for building churches in
Georgia amounting to 8437. 15^. 4^. besides 6}/. more subscribed for, making 9o8/. i^s.
^d. and submit it to the council to desire Capt. Tomas the engineer on his arrival in
Georgia to make an estimate for building a church at Savannah and send it to the
Trustees. The report was approved. 2% pp. [C.O. 5, 690, pp. 140-142.]

177 Minutes of meeting of Trustees for Georgia. Resolved, that an
May 1. application be made for a ship for Capt. James Gascoigne and that

Horn Tavern. t k at ^^ ^ e ^ stat i onec i sn ip f or Georgia, if not, to get the next

vacancy on the Virginia or Carolina station ships which first drop in order to become
the station ship for Georgia. Received by Mr. Vernon 5 o/. benefaction towards building
church at Savannah, i p. [C.O. 5, 687, p. 70.]

183] AMERICA AND WEST INDIES 1738 75

178 Trustees for Georgia to Sir Robert Walpole. Whereas H.M. has

May 1. provided for the defence of Georgia and Carolina on the military

Georgia Office. esta b}j s h ment and Parliament has this year granted 8,ooo/. for the
civil establishment of the colony, the Trustees acquaint you that until the province is
better settled the yearly sum of 8,ooo/. will be necessary towards the defraying the
expenses of the civil government, affording a provision and maintenance to such persons
as shall settle in the colony, preserving the friendship of the neighbouring Indians (of
great service in time of peace and much more in case a war should break out in that
country), for carrying on such improvements as the province is capable of producing
such as silk, wine and oil (the expense whereof private persons are not able to bear
without some assistance). As these expenses for the civil government etc. will be necessary
to be defrayed by the public until the province is settled and in a capacity to support
them themselves (which in their present circumstances they are utterly incapable of
doing) the Trustees earnestly desire that these expenses may in future sessions be put
into some estimate to be laid by the crown before the House of Commons since it will
be impossible for the Trustees every year to take upon them the labour of proceeding as
petitioners nor can it be thought reasonable that they should hazard the making contracts
for men, provisions etc. which is necessary to be done the year before upon the un-
certainty of their petition's being received or the sum they expected being granted them.
Entry. Signatories, John Laroche, F. Eyles, James Oglethorpe, Robert Hucks, R. Eyre,
William Sloper, George Heathcote, T. Archer, Egmont, Jacob Bouverie, Christopher
Tower, Thomas Tower, Shaftesbury, Tyrconnel, William Heathcote, H. Archer, Robert
Tracy, i p. [C.O. 5, 667, fo.

179 Same to same, commending the services of Capt. James Gascoigne,
May 1. commander of H.M.'s sloop Hawk in Georgia. We desire you to

lce ' recommend him to H.M. for command of a ship of war. Entry. Sig-
natories, as No. 178 without William Sloper. i p. [C.O. 5, 667, fo. 55.]

180 Thomas Hill to Francis Fane enclosing an Act passed at Nevis 5
May 2. January last to prevent negroes and other slaves from selling anything

without a ticket from their masters, for his opinion in point of law.
Entry. \p. [C.O. 153, i6,fo. 68</.]

181 Same to same, enclosing copy of an Act passed in New York in Decem-
May 2. b er l as t for frequent elections of representatives to serve in general

assembly and for frequent calling to meeting of the general assembly
so elected, for his opinion thereon in point of law. Entry. \p. [C.O. 5, ii26,/o. 34^.]

182 Minutes of Common Council of Georgia. Resolved that Robert
May 3. Gilbert be appointed third bailiff of Savannah in the room of John

Dearne, deceased; that a lot of 50 acres in Savannah be granted to
Andrew Logic and the same in Frederica to Holliday Lawes; that John Clarke be
appointed secretary for Indian affairs in the room of Rev. Charles Wesley. Seal to be
affixed to these appointments, i p. [C.O. 5, 690,^. 143.]

183 Minutes of meeting of Trustees for Georgia. Received receipts from
May 3. the Bank for io/. paid in by Robert Tracy and 5O/. paid in at last board

by Mr. Vernon. Resolved, that it be referred to the committee of
correspondence to prepare an Act to enable the Trustees to appoint commissioners for

76 STATE PAPERS COLONIAL [184

the more effectual execution in a summary way of an Act to prevent the importation
and use of rum and brandies in Georgia, i p. [CO. 5, 687, p. 71.]

184 Harman Verelst to Bailiffs of Savannah, William Stephens and Thomas
M ?y^- Causton, ordering that a 5o-acre lot at or near Savannah be granted to

Andrew Logic. Entry. \p. [CO. 5, 667, fo. 6 7 d.]

185 Same to Bailiffs of Frederica, William Horton and Thomas Hawkins,
ordering that a jo-acre lot at Frederica be granted to Holliday Lawes.

-
* cc "

1 86 Appointment by Common Council of Georgia of John Clarke to be

May 3. secretary for Indian affairs in Georgia in succession to Charles Wesley.

Entry. Signatory, Benjamin Martyn. i p. [CO. 5, 670, p. 348.]

187 Appointment by Common Council of Georgia of Robert Gilbert to be
May 3. third bailiff of Savannah in succession to John Dearne, deceased. Entry.

Signatory, Benjamin Martyn. f />. [C.O. 5, 6jo,p. 349.]

188 Order of Committee of Council for Plantation Affairs directing
Ma y 4 - Council of Trade and Plantations to consider and report on the sum

proper to be allowed to Alexander Skene and James Abercromby for
running the boundary between North and South Carolina over and above the 5O/.
already paid to them. Signed, James Vernon. Seal, i p. Endorsed, Reed, from James
Abercromby; Reed., Read 10 May 1738. [CO. 5, $66,fos. ]6-

189 Lieut.-Governor Edward Byam to Council of Trade and Plantations.
May 5. i n accordance with Order in Council of 1 5 February last I have

administered the oaths to and taken security from George Thomas as
deputy governor of Pennsylvania. Signed, i small p. Endorsed, Reed. 27 June, Read 28
June 1738. Enclosed,

189. i. 14 April 1738. Bond whereby George Thomas, Benjamin King and
Walter Sydserfe of Antigua oblige themselves to the king in the sum of 2,ooo/. The
condition is that George Thomas observes the Acts of Trade in his office of deputy
governor of Pennsylvania. Lafin and English. Seals. Signed. Witnessed, William
Williams, John Leacock. i\pp- [CO. 5, 1269, fos. ij-iS*/.]

190 Petition of Major William Cook to Trustees for Georgia for permission
May 6. for his daughter Ann when of age to surrender her interest in a house

and land in Savannah to her sister Susanna, so that she may hold a house and land in
Frederica. Entry. \p. [CO. 5, 670, p. 347.]

191 Thomas Hawkins to [James Oglethorpe]. All the people belonging to
Ma Y 6. Capt. Thomson's vessel have been under my care, four of whom could

not be cured by any means but a course of mercurials with which I had
success. I have had many ill but few lost since the account in November. At Darien now
called New Inverness two of the Trustees' servants, one manservant by being scalded
on the belly and privy parts and a woman of the bloody flux, and a child in a consump-
tion, have died ; thirty have recovered from fluxes and fevers and inveterate scurvies. At
Frederica a servant belonging to the bricklayers died in an atrophy. Two have died at

195] AMERICA AND WEST INDIES 1738 77

St. Andrew's and Amelia, both dropsy. It is no small uneasiness to me that I cannot
meet with the same success with the men under your command of which I have lost five
since November, all which died in atrophies ; but any person will allow that all endeavours
must be fruitless while they spend their whole or the major part of their subsistence in
liquor. In order to prevent the loss of more men I have taken the sick to town and
procured such little necessary refreshments as this place afforded at my own expense,
which method has always proved successful, they having immediately recovered. I shall
continue the same till further orders from you or the person that shall command till your
arrival. As I hope for a supply of medicines with the companies which we daily expect,
I desist from repeating the invoice transmitted in November. The people have 95 acres
of corn planted but the season as yet proves excessive dry and everything is at a stay for
want of rain. Signed. i\pp. [CO. 5, 640, fos. 101-102.]

192 Royal appointment of Lieut.-Col. Robert Carpenter as lieut. -governor
M *y 7. of Montserrat in the room of William Forbes, deceased. Entry, ij pp.

St. James's. [CO . 324, 37, #.,**-, 23.]

193 President Andrew Auchinleck to Council of Trade and Plantations
May 8. transmitting minutes of council and journals of assembly together

with some Acts. We have had a report here for some months that the
Spaniards are making warlike preparations at Havana and it is apprehended that they
intend a descent upon Georgia to hinder that settlement, but when they are to set out
upon the expedition we have not heard. Governor Popple is daily expected here: it is
hoped he will bring with him powder and other warlike stores whereof we are at present
in great want. Signed. \\ small pp. Endorsed, Reed. 17 June, Read 21 June 1738. [CO. 37,

194 Same to [Duke of Newcastle] transmitting copy of votes and journals
May 8. o f the house of assembly together with the Acts made since I presided.

We are alarmed here with a report which we have had for some months
past that they are making warlike preparations at Havana: it is thought that the Spaniards
intend a descent upon Georgia to hinder that new settlement, but we have not certain
intelligence when or where they design. Signed, i small p. Endorsed, (i) Reed. 1 7 June
1738. (ii) Reed. 17 July. [CO. 37, z6,fos. 210-21 id.}

195 Draft instructions for James Oglethorpe to be general and commander-
May 8. in-chief of forces in or to be in South Carolina and Georgia. You are

immediately to proceed to South Carolina and enquire into Spanish
military preparations. Copies of several letters reporting an intended attempt on
Georgia will be given to you. You will dispose the forces for the defence of both
provinces and put forts in good order. You will not give offence to the Spaniards, nor
suffer encroachments on Spanish territory, and you will use your endeavours that our
Indians commit no hostilities against the Spanish Indians. But if any part of the ter-
ritories included in the charters of 1663, 1666 or 1730, possessed by British subjects in
1670, is attacked you will defend it and act offensively. If you suspect an attack, give
notice to commanders of ships stationed in those parts that they may act for the defence
of the said territories. Early notice will be sent you of the outcome of the negotiations
between us and Spain. You will correspond with one of the Secretaries of State. Signed,
George R. 7 pp. Annexed,

195. i. List of papers annexed to General Oglethorpe's instructions. Extract of

78 STATE PAPERS COLONIAL [196

letter from Havana, 7 September 1737. Extracts of letters from Consul Cay ley to
Duke of Newcastle, 21 January, 4, n, 18, 25 February 1737/8. Copy of letter from
Mr. Jenkins to Roger Drake, Bristol, 8 April 1738 enclosing copy of letter from
Kingston, Jamaica, 20 February. Copy of letter from Carthagena, 10 February.
Copy of letter from Governor of Havana to President of Council of Jamaica, 12
January 1738. i p. [CO. 5, 6<j4,fos. 133-138^.]

196 Governor Edward Trelawny to Duke of Newcastle. I arrived at Port
May 9. Royal in this island on 29 April where I was received by the president

of the council and other principal persons with the usual ceremonies
and my commission was published. The next day in council I took and administered to
each councillor the oaths required by law. Copies of my declaration, the council's
answer and my reply are annexed. The next council was appointed to meet on 5 May.
In the meantime pursuant to my first instruction I informed myself concerning the
disputes which had passed between John Gregory, commander-in-chief of this island
before my arrival, and the four councillors who had withdrawn their attendance. After
all proper enquiry I judged it proper to summon them to resume their places in council;
this I was the more ready to do by Mr. Gregory's giving up the matter without any
difficulty. Three of those gentlemen, namely Edward Charlton, Henry Dawkins and
William Gordon, came to me before that day and excused themselves from reaccepting
that office, but with the strongest expressions of duty to H.M. and civility to myself.
The fourth, Temple Lawes, took his seat again that day. In order to supply the three
vacancies with all expedition I proposed to several persons of the best characters,
fortunes and interest my recommendation of them to you and the Council of Trade and
Plantations. But I found a strange reluctance in general to accept of that office; so that
of all those whom I offered to recommend, none but the three following gentlemen,
Sir Simon Clarke, Bart., Edward Garth waite, and Samuel Whitehorne, were willing to
be councillors. And therefore I beg you to propose them to H.M. as persons very
proper for that trust and zealous to promote his service. I shall lose no time in enquiring
into the characters and abilities of twelve other persons best qualified for that trust and
will transmit their names with all convenient speed to you, pursuant to my 5th instruc-
tion. The present assembly being as far as I can judge composed of as proper persons
as any others who may be chosen in a new one, I have continued it ; and a proclamation
has been made for its meeting on 1 5 June next in order to proceed upon business. Signed.
3 pp. Endorsed, Reed. 21 July. Enclosed,

196. i. Governor Trelawny's declaration to the Council of Jamaica, 30 April

1738, the Council's answer, i May 1738, and Governor Trelawny's reply. Copies.

3 pp. [CO. 137, 56,/w. 95-9^-1

197 Letter of John Baillie. No addressee. Governor Trelawny arrived
May 10. here 29th ult. when he delivered me your's to Mr. Inglis enclosing

Spanish Town. VQur Deputation to hi m dated 3 1 January last. Mrs. Inglis has also had
one from Messrs. Feads of 21 February, they at that time having heard of the death of
Mr. Inglis. I did advise them of it in December last and at the same time did presume to
send you my proposals for your office. I should be glad to have your answer and hope
ere this can reach you that my friends have settled the affair, and the more so that Mr.
Jones who came with the governor acquaints me that you have not as yet had any
benefit from your patent. If you have given me the deputation, my brother has my
orders to be punctual with you and to have jo/, ready for you every three months. Upon
Mr. Inglis's death I gave security to the country here in 4,ooo/. for my fidelity in office,

198] AMERICA AND WEST INDIES 1738 79

and Mr. Trelawny has continued me until I should hear from you, which I hope will be
soon. Signed. \\ small pp. Endorsed, Reed. 21 July. [CO. 137, 56, fos. 99-100^.]

198 Minutes of Common Council of Georgia. Read report from corn-

May 10. mittee of accounts dated 23 March 1737/8 that the accountant had
acquainted the committee that by accounts received from Georgia the
expenses for the colony in America for seven months from November 1736 to mid-
summer 1737 amounted to 5,9057. 5^. <)\d. which is 8437. I2J". $d. per month, and for
nine months from midsummer 1737 to Lady Day 1738 including the sola bills sent for
defraying the said expenses to that time they amounted to 5,7297. 19^. -j^d. which is
6367. i$s. $d. per month. Besides these expenses paid and appropriated for payment
there are demands for certified accounts of stores, necessaries and pay still due and
unpaid to the amount of 2,2287. 15^. *,d., which when paid out of the 8,ooo7. granted
this session of Parliament the said stores, necessaries and sola bills now in the colony
will be more than sufficient to supply the expense thereof upon the foot of the last
established allowances sent over with Mr. Stephens until the end of July 1738, the said
allowances not amounting to 5007. a month. Which established allowances, being twice
read over, the committee were of opinion ought to be immediately struck off and be no
longer defrayed by the Trustees, they relating to the defence of the colony which the
Trustees are no longer concerned in the providing for, because the money granted in
this session of Parliament is only towards settling the colony, which several articles are
as follows: the expenses of officers, rangers and men at the several forts, expenses of
crews of pettiaugua and scoutboat etc. amounting to 2,2037. is. zd. The committee were
further of opinion that the persons employed in the store at Frederica and the storekeeper
and cattlekeeper at the Darien (amounting in all to 747. a year) ought to be struck off,
the time of maintenance of the inhabitants in the southern division of Georgia expiring
in February last, and that for the keeping of such stores as may be necessary hereafter
the care should be under the direction of one storekeeper for the whole province.

The committee afterwards took into consideration the future expenses of the colony
and were of opinion that they should be limited to the following articles and sums for
one year to commence from midsummer next: bailiffs and recorder at Savannah and
Frederica, 8o7. ; constables and tithingmen, 3007.; storekeeper and clerk, 487.; two more
clerks, 367.; an overseer for services in looking after the millwright, io7. ; secretary of
the Trust's affairs in Georgia, his son and servants, I2o7. ; four ministers in Georgia,
20o7.; support of sick, widows and orphans, ijo7.; messenger between Savannah and
Charleston, 5o7., between Frederica and Savannah, 8o7.; two millwrights at not more
than 4J-. a day till conclusion; Mr. Auspourger the surveyor, 547. 15^. with an assistant
as required at i zd. a day; two smiths, 5o7. ; the Italian silkwinders, 707. i zs. i id. ; gardener
at is. 6d. a day, 237. 9^. 6d. ; cowkeeper at Ebenezer, 247. izs. -jd. and is. per cow for all
to 100, but all above to be sent to Ebenezer; seaboats at Tybee and Frederica instead of
pettiaugua hire, which amounted to 1137. 9^. }d.\ contingencies, I2o7. Which several
expenses the committee were of opinion should be defrayed by issues of sola bills in
Georgia to be sent over under the Trustees' seal and to be filled up to William Stephens,
Thomas Causton and Henry Parker, to each of whom an account of the said expenses
should be sent, and any two of them should be empowered to issue the said bills for these
expenses and that they should be directed to send the Trustees an account signed by
both of them on every issue showing to whom and and for what each issue was made.
Resolved that the council agree with the committee in every article.

Ordered that 5007. be appropriated out of the 8,ooo7. granted in this session of
Parliament when received to answer the like sum in 100 sola bills of 57. each to be

8o STATE PAPERS COLONIAL [199

immediately sent over to Georgia (being part of the 2,8jo/. residue of the sola bills
ordered to be made out 10 August last and still unsent) towards defraying the above
established allowances for one year from midsummer next; and that by endorsement on
the said bills Col. Oglethorpe be desired to order the same to be issued by William
Stephens, Thomas Causton and Henry Parker or any two of them. Resolved that Col.
Oglethorpe be indemnified against the endorsements of the said 100 sola bills and the
seal affixed to such act of indemnity, secretary to countersign. Resolved that when any
of the said sola bills shall be returned to England for payment any five of the council be
empowered to draw on the Bank for payment.

A further report was made from the committee of accounts that they had considered
the service of Thomas Causton, the storekeeper employed upwards of five years at 4<D/.
a year, and that the business of the storekeeper being now much reduced and Mr.
Causton being also otherwise employed, he should have a month's time after the receipt
of the Trustees' next letter to make out the remain of stores and his accounts of cash
and stores to be forwarded to England and that his salary be continued from February
last to the end of a month after the receipt of such letter, and that he should be assisted
by the clerks whom the Trustees have sent over till his accounts are perfected; which
when perfected and received, if allowed, he should be further gratified for his past
service. Resolved that the council agree with the opinion of the committee.

A further report was made from the committee of accounts that they proposed
Thomas Stephens to take possession of the remaining stores at Savannah and care of
the remaining stores at Frederica, to be allowed 3o/. a year and a clerk at io/. a year and
8/. a year more in lieu of provisions for the clerk. Resolved that Thomas Jones be
appointed storekeeper with a clerk and allowances, to take possession one month after
the receipt of the Trustees' next letter in Georgia.

Read petition of Major William Cook for leave for his daughter Ann when of age
to surrender her interest in the lot at Savannah whereby she may hold as her property
the house and lot at Frederica which he shall build and cultivate for her; resolved that
the council agree. Read letter from Mr. Whitefield desiring stationery; ordered that it
be sent. Col. Oglethorpe's account towards discharging balance of 1,0937. os. y\d. stated
to be due from him 9 June last was delivered in; referred to committee of accounts.
io| pp. [CO. 5, 690, _/>/. I43-I53-]

199 Minutes of meeting of Trustees for Georgia. Read letter from Rev.
May 10. George Whitefield dated Gibraltar, 20 February 1737/8, intimating

art ' that since his departure from England he hears Rev. John Wesley is
returned to England and is therefore desirous, if the Trustees think proper for him to
alter his measures, they would send their orders to him. Ordered that a letter be sent to
Mr. Whitefield permitting him to perform all religious offices as deacon of the Church
of England at Savannah as well as Frederica until another minister is provided for
Savannah, f p. [C.O. 5, 687, p. 71.]

200 Captain Hugh Mackay to Trustees for Georgia. The affidavits trans-
May 10. mitted to you by Mr. Causton will show you the necessity that obliged

me to act against common form by compelling the ship I was in to
endeavour first to make the river Savannah (contrary to the order of Capt. Fanshaw,
commander of H.M.S. Phoenix), where I brought safe to anchor within the bar 6th inst.
Besides the reasons contained in the affidavits, every man, woman and child I had on
board was then or had been lately sick, of which the people of Carolina knew very well
how to use to our hurt. As I could have no reason or view to act as I did but the good

202] AMERICA AND WEST INDIES 1738 8l

of the king's service and that of the colony's, I hope I shall meet with protection against
the clamours of those that endeavoured to hurt both and will use specious pretences of
forms of service to colour their bad intentions. Notwithstanding the universal sickness
in the ship I was in, we lost but two infants of all those that came from England. Poor
Mr. Whitefield did not escape the common distemper. As Gen. Oglethorpe will ere
now be in his passage hither I thought it my duty to have said affidavits transmitted to
you and to send you this account. Ensign Mackay from St. Andrew's came here to-day
who tells me that all to the southward are in high spirits. Signed. P.S. The other two
ships that had the people from Gibraltar had little or no sickness. 2 small pp. Endorsed,
Reed. 15 July 1738. [CO. 5, 640, Jos. 103-104^.]

201 Council of Trade and Plantations to Committee of Privy Council.
May 10. Pursuant to your order of 13 January 1734/5 we have considered the

representation of the Governor and Company of Rhode Island about
the boundary disputes between them and Massachusetts. It appears that this matter has
been contested since 1664. In 1733 the two colonies each appointed three indifferent
persons to decide the matter but the commissioners failed to agree. We are of opinion
that H.M. should appoint commissioners from out of the neighbouring provinces to
mark out the said boundaries and in the meantime should order the governors of the
two colonies that the people continue in peaceable possession of their property without
molestation. Entry. Signatories, Monson, Edward Ashe, R. Plumer, R. Herbert, 4pp.
[C.O. 5, yi-},jos. 109-1 iod.', draft inC.O. 5, 896, fos. 94-95^.]

202 Same to same. We have considered the petition of Benjamin and
May 11. William Johnson of Antigua setting forth that they have been accused

by some negroes (of whom part were under sentence of death) of
being concerned in a conspiracy to destroy all the white inhabitants in Antigua; that,
the testimony of heathen slaves not being allowed to be good evidence against them
(who are freemen and Christians), a bill was brought in and passed by the council and
assembly to attaint them of high treason. The governor refused his assent until the
king's pleasure should be known, and the petitioners pray that the king's assent thereto
should be denied.

We have been attended by the petitioners' solicitor and the agent for the assembly
and his solicitor, and have considered the bill of attainder and the governor's letter
relating thereto. We have also had before us Mr. Kerby, speaker of the assembly when
the said bill was passed, and Messrs. Vernon and Arbuthnott, two of the justices who
took the first examination concerning this conspiracy, who informed us that the two
Johnsons were so far from being suspected during the examination that they were
employed by Mr. Arbuthnott to make further discoveries concerning the same, and that
there had been no mention made of the Johnsons during the space of more than two
months while Mr. Vernon and Mr. Arbuthnott were concerned in the said enquiry until
a day or two before the finishing of it when one of the blacks under examination said
that "If we should say anything of the Johnsons ?", which expression seemed then of
so little moment that no notice was taken of it. Mr. Kerby declared to us that the
evidence was in no sort satisfactory to him and he produced a letter written to him by
the attorney-general (who was a member of the assembly though not able for want of
health to attend the whole progress of the bill) by which it appears he was of opinion
that the evidence as far as he went through with the remarking of it was nothing but
a heap of inconsistencies and incoherencies. We have likewise been informed by one
Mr. Lyons, a man of character and substance in Antigua, that he saw them do their

6 XLIV

82 STATE PAPERS COLONIAL [203

duty during the time of the conspiracy as the white men did and that they did not fly
or absent themselves on account of the accusation. Notwithstanding all which we must
acquaint you that Mr. Arbuthnott and Mr. Vernon, one of whom was of the council
and the other of the assembly and present during the whole affair, were still of opinion
that the petitioners were guilty. But upon the whole, as the matter seems to us at least
to be doubtful, the evidence being almost entirely that of blacks, some of whom were
under condemnation and consequently under a double incapacity both as slaves and
persons under sentence of death, we are of opinion it would be more advisable to incline
to the side of mercy and therefore recommend that H.M. direct the governor not to give
his assent to the bill. Entry. Signatories, Monson, M. Bladen, Edward Ashe, R. Plumer,
R. Herbert. 4^ pp. [CO. 153, i6,jos.

203 Governor Edward Trelawny to Council of Trade and Plantations. I
May 11. arrived at this island on 29 April. Pursuant to my first instruction I

* Vcea C made no delay to inform myself concerning the disputes which had pas-
sed between John Gregory, commander-in-chief of this island before
my arrival, and the four councillors who had withdrawn their attendance. After all
proper enquiry I judged it expedient for H.M.'s service and the good and welfare of this
island to permit them to resume their places. Three of those gentlemen, namely
Edward Charlton, Henry Dawkins and William Gordon, declined reaccepting of that
office; the fourth, Temple Lawes, resumed his seat in council on 5 May. In order to
supply the three vacancies I earnestly recommend to you the following gentlemen,
Sir Simon Clarke, Bart., Edward Garthwaite, and Samuel Whitehorne. I shall lose no
time in enquiring into the characters and abilities of twelve persons more, best quali-
fied for that trust, and transmit their names with all convenient speed to you pursuant to
my 5th instruction. I found at my coming here that Mr. Gregory had put into the
council Rose Fuller and Samuel Dicker in order to fill up the vacancies to the number
of seven; the latter I recommended to you before I left England, the other is a gentle-
man of character and fortune to whom there can be no objection. Signed, z pp. Endorsed,
Reed., Read 21 July 1738. [CO. 137, zz,fos. 195, 195^, 198, 198^.]

204 Instructions by Trustees for Georgia to John Mathias Kramer. You
May 11. are to acquaint foreigners who apply to you for land in Georgia to

settle at their own expense that the Trustees will grant to each man of z i and upwards
jo acres in tail male, with an additional 50 acres for each son except the eldest. The
Trustees will grant 500 acres in tail male to gentlemen whose birth, honour, reputation
and ability they approve of, they to carry over 10 menservants and mark out the land
within three months of arrival. They will grant to menservants at the end of five years
service 20 acres in tail male. You may engage as far as 60 heads for servants who will
work for five years; if they can pay their passages within six weeks of arrival they can
be free. Children under six to stay with parents; boys over six to serve till 25, girls till
1 8. During service they will be fed and clothed; and at the end of service granted 20
acres of land. Persons born in Georgia will have liberties of natural born subjects within
any British dominion. Liberty of conscience is allowed to all, free exercise of religion
to all but Papists so they give not offence and scandal. Entry. Signatory, Benjamin Martyn.
zpp. [CO. 5, 670, pp. 369-370.]

205 Governor Jonathan Belcher to Duke of Newcastle, enclosing copy of
May 12. letter received from President Bull of South Carolina with the papers

it covered. This day I have had the master of a sloop and his mate

208] AMERICA AND WEST INDIES 1738 83

examined who are come from Jamaica in thirty days, by which you will see that it is
probable the Spaniards have a design to make a descent on the infant colony of Georgia.
I wish Mr. Oglethorpe may be there to receive them. Signed. 2 small pp. Endorsed, Reed.
19 June. Enclosed,

205. i. Affidavit of William Lyford, William Hodge and William Patterson,
6 April 1738. Copy, of No. 158. ii-iii, certified by J. Belcher, i p.

205. ii. President Bull to Governor Belcher, 8 April 1738, enclosing copies of
letter and affidavits suggesting Spanish design of attacking Georgia. Copy, certified
by J. Belcher, i p.

205. iii. Affidavit of Capt. Theophilus Bradford, master of the sloop Bathsheba,
sworn before Jacob Wendell and Anthony Stoddard, justices of the peace, at Boston,
12 May 1738. In Jamaica on 9 and 10 April deponent heard of a Spanish fleet of six
large ships and twelve other vessels bound from Havana for Georgia, i p.

20 j. iv. Affidavit of Daniel Greenell, mate otBatbsheba, sworn as preceding. In
Jamaica on 10 April deponent heard Mr. Simmons, a merchant at St. Anne's Harbour,
give news of a Spanish fleet of forty vessels, seven being large, sailed from Havana
for Georgia, i p. [CO. 5, 899, Jos. 327-334^.]

206 Memorial of Henry Popple on behalf of Col. George Thomas of

May 12. Antigua, to Council of Trade and Plantations, requesting that Thomas
may be restored to his seat in the council of Antigua. When he attempted to take his
seat last February he was prevented by Governor Mathew on the grounds of being
governor of Pennsylvania. Col. Thomas has been appointed to that government by the
proprietors of Pennsylvania, but owing to a dispute between them and Lord Baltimore,
has not yet kissed the king's hand or given the usual security. It is presumed Governor
Mathew's objection can therefore be of no weight. Signed, i p. Endorsed, Reed., Read 12
May 1738. Enclosed,

206. i. Abstract of minutes of council of Antigua, 24 February 1737/8, recording
refusal of Governor Mathew to admit George Thomas. Copy, certified by De la
Court Walsh, deputy clerk to council. \p. [CO. 152, 23, Jos. 135, \^d, 140-141^.]

207 Council of Trade and Plantations to Duke of Newcastle enclosing
May 12. representation on the case of James Wimble, late master and part-

owner of Rebecca brigantine. Entry. Signatories, Monson, M. Bladen,
Edward Ashe, R. Plumer. i p. Enclosed,

207. i. 12 May 1738. Same to King. We have considered the petition of James
Wimble and the paper annexed, called a commission from Governor Woods Rogers
to protect the rakers of salt at Exuma. We have been attended frequently by Mr.
Wimble. But he laid no evidence before us to show what share he had in the said
brigantine nor any relating to the value of the same, neither did it appear to us from
any evidence or papers produced by him that the brigantine when lost was on your
service; wherefore we cannot recommend him as a proper object of your bounty in
respect to the loss he may have sustained. Entry. Signatories, as covering letter. 2 pp.
[CO. 24, i, pp. 326-327.]

208 Francis Fane to Council of Trade and Plantations, reporting on an act
May 15. passed at Antigua in 1737 for the trial of John Coteen, a free negro

man, and Thomas Winthorpe, a free mulatto man, for an intended insurrection to
destroy the white inhabitants of this island, and declaring the same to be high treason etc.
This act is intended upon a particular purpose to alter what has always been the unvaried

84 STATE PAPERS COLONIAL [209

law of this country: that is, not to admit slaves to give testimony in courts of justice
against free persons. And by the preamble it seems to have arisen upon a supposition
that the two persons who are the objects of this act were concerned in a most horrid
conspiracy with slaves to murder all the white persons upon this island. If the facts
were true upon which this act is grounded, I think it might be matter of doubt whether
it might be expedient or even just to pass this law, which is to establish an illegal method
in this particular case of trying and condemning persons after the crime had been long
supposed to be committed. But what I shall chiefly rely upon in my observations upon
this act is that this method of proceeding is highly unjust unless the facts recited in the
preamble of this act were very fully proved : whether that was the case abroad I cannot
pretend to say, but I must observe that no one circumstance of guilt against these
persons has been laid before me. And as the act is passed upon that foundation I think it
was incumbent upon this examination to have had the same evidence appearing to you
as had been produced before the legislature abroad. But as that has not been done I
must consider it merely as it stands upon the act itself, and in that light it appears to me
to be an act of a very extraordinary and unprecedented nature and highly dangerous to
the lives and properties of H.M.'s free subjects. For if once the testimony of slaves is
occasionally to be introduced in criminal cases against free men it may open a door to
the greatest oppression and injustice; and it is to be observed that the very slaves whose
testimony, as I am informed, was made use of upon the trial of these two persons were
actually then under conviction for the crimes of treason and rebellion and therefore in
point of law incompetent witnesses, supposing they had been free men. Signed. i^ pp.
Endorsed, Reed. 15 May, Read 16 May 1738. [C.O. 152, 23, Jos. 136, 136^, 139, 139^.]

209 Edward Mann to Council of Trade and Plantations. As I have no

May 15. design of returning soon to St. Christopher's, I thought it necessary

to acquaint you of it that my seat in council may be supplied with

another that the service may not suffer by my absence. Signed, i small p. Endorsed, Reed.,

Read 17 May 1738. [CO. 152, 25, Jos. i$

210 Governor William Mathew to Alured Popple. I have delivered to
May 16. Capt. Wage a box containing three bills for Montserrat, vizt. Acts for

raising a levy etc., for more speedy and effectual dispatch of public
business, and to explain and amend an Act for repairing highways etc. I send also a
Nevis bill entitled Act for raising a poll-tax on negroes and other slaves etc. Enclosed is
testimony of Capt. Ignatius Semmes relating to his ship being taken by the Spaniards out
of Puerto Rico. [Continues as in No. 247.] Signed. 4 small/)/). [C.O. 1 5 2, 23, Jos. 15 i-i 5 zd.\

211 Royal appointment of William Bull as Lieut.-Governor of South
May 16. Carolina in the room of Thomas Broughton, deceased. Entry, i p.

St. June.'.. [C0 . 324, 37, A in-]

212 Petition of David Dunbar to Council of Trade and Plantations,
May 16. praying that his case and sufferings may be recommended to the Duke

of Newcastle for H.M.'s determination and that his licence of absence be renewed for
one year or until the matters depending are determined. Signed, i small p. Endorsed,
Reed, Read 16 May 1738. [C.O. 5, 88o,/0.r. 273-274^.]

213 Lease and release by Trustees for Georgia to Bailiffs of Savannah of
May 16/17. 3,000 acres of land in Georgia. The bailiffs shall grant to every man of

2l6]

AMERICA AND WEST INDIES 1738

2 1 years or upwards being Protestant who arrives in Georgia within three years from the
date hereof lands not exceeding 50 acres. Entry. ^pp. [CO. 5, 670, pp. 352-357.]

214 Same by same to Bailiffs of Frederica of 3,000 acres of land in trust for

May 16/17. grants of 5 -acre lots to soldiers of Gen. Oglethorpe's regiment. Entry.
4i pp. [CO. 5, 6jo,pp. 358-362.]

215

May 17.
Whitehall.

Brudenell. i p.
917, fo. in, i

216

Council of Trade and Plantations to Duke of Newcastle recommending

that Lieut. -Governor David Dunbar's licence of absence be renewed

for a further year. Signed, Monson, M. Bladen, Edward Ashe, James

[CO. 5, 932,/<?.r. i-zd; draft in CO. 5, 896, Jos. 96-97^; entry in CO. 5,

May 17.
Palace Court.

Minutes of Common Council of Georgia. Resolved that the expense
of the Georgia scout-boat, being 25 8/. 1 5^. id. stand part of the expenses
of the colony from midsummer 1738 to midsummer 1739; anc ^ tnat ^
be referred to committee of correspondence to draw up an advertisement for a safe
method of correspondence for the inhabitants of Georgia and their friends in England.
A petition from the inhabitants of Highgate was read complaining of the sterility of
their land ; resolved that William Stephens and Hugh Anderson take a view and report.
Read report from committee of correspondence 26 April 1738 that they were of opinion
Henry Parker be allowed two menservants belonging to the Trust, that clothes to the
value of 2o/. be sent him in consideration of his services as second bailiff at Savannah,
and that Thomas Christie in case he continues as recorder of Savannah be allowed two
servants. Resolved that the council agree with this report. Read report from com-
mittee of accounts 19 April 1738 that Col. Oglethorpe be empowered to lend 20o/. to
Abraham De Lyon of Savannah to help with the improvement of vines ; resolved that
the council agree with this report. Ordered that a letter be sent to Thomas Causton
acquainting him that the Trustees will allow no other expenses but those estimated, and
that notice be taken in the said letter of the great expenses incurred by him for which he
has given no satisfactory account and desiring copies of his daybooks and ledgers from
Lady Day 1734 and that he send the same every three months.

Read report from committee of accounts 3 May 1738 that Col. Oglethorpe be
desired to direct a remain of stores to be taken immediately on his arrival; that Mr.
Wragg's account of freight and charges of 121^ heads of Palatine servants landed in
Georgia being considered and Capt. Hewitt's protest to support extraordinary charges
for want of a pilot at Tybee, the committee were of opinion that ioo/. and no more be
allowed for the ship putting in at Tybee and the claim to more than ioo/. be kept open
until Col. Oglethorpe's enquiry on arrival in Georgia. On Capt. Dunbar's memorial for
primage for two voyages of the Prince of Wales in 1734 and 1735, the committee were of
opinion that 28/. ought to be allowed and the balance of 1 3/. 5-f. id. paid to Capt. Dunbar
in discharge of all accounts ; resolved that the council agree with this report. Resolved
that it be referred to the committee of accounts to determine the application of the
Trust's servants. Seal to be affixed to letter to Mr. Causton. Read report from committee
of correspondence and accounts that the plan for the church at Savannah drawn by
Mr. Flitcroft be put into the hands of Capt. Tomaz to make such alterations as he
judges necessary and to send over an estimate of the expense and enquire what Trust
servants can be spared. Resolved that the council agree with this report.

Read report from committee of accounts that they had examined into discharge
delivered in by Col. Oglethorpe amounting to 5787. 17^. \o\d. and were of opinion that

86 STATE PAPERS COLONIAL [217

4o/. ioj. should be accounted for by Capt. Cornish and Capt. Thomas, that 1 1 5/. 5^. was
a reasonable charge in respect of 230^ heads of passengers on the Simond and 'London
Merchant in 1735, and that when the zoo/, has been advanced to Abraham De Lyon by
Col. Oglethorpe the balance due from him will be 42.41. zs. i\d. ; resolved that the
council agree to this report. The accountant acquainted the council that Col. Oglethorpe
desired to stand charged with the 4o/. icxr. paid to Captains Cornish and Thomas;
resolved that the council agree with Col. Oglethorpe and that there remains 4647. i zs. i\d.
to be accounted for by him. Ordered that these resolutions be sent to Col. Oglethorpe,
sealed and signed by the secretary. % pp. [CO. 5, 690, pp. 154-161.]

217 Minutes of meeting of Trustees for Georgia. Received receipts from
May 17. Bank for i/. u. consideration money for grant to Capt. Alexander

Palace Court. Heron> for 1O / pait j in by sir wmj am Heathcote, Bt., his subscription
towards building two churches in Georgia, and io/. paid in by Col. Oglethorpe for the
same purpose, f p. [CO. 5, 6%j,p. 72.]

218 Instructions by Trustees for Georgia to Capt. John Thomas to estimate
May 17. the cost of building a church at Savannah. If any small alteration may

make the said building a place of refuge and defence for the inhabitants, compute also
that further expense. Enquire what servants of the Trust can be spared for the work,
which will diminish the cost of labour. Entry. %p. [CO. 5, 6jo,p. 365.]

219 Council of Trade and Plantations to the King, recommending Mathew
May 18. Mills, junior, to be of the council in St. Christopher's in the room of

Edward Mann, resigned. Entry. Signatories, Monson, M. Bladen,
Edward Ashe, James Brudenell, R. Plumer. i p. [CO. 153, i6,fo. 71.]

220 Order of Committee of Council for Plantation Affairs referring the
May 19. following to Council of Trade and Plantations. Signed, James Vernon.

Seal, i p. Endorsed, Reed, i June, Read 9 June 1738. Enclosed,
220. i. President William Bull to Duke of Newcastle; Charleston, 23 December

1737, reporting state of artillery in South Carolina. Copy, ofCa/. S.P. Col., 1737, No.

648. i\pp.

220. ii. Report of Commissioners of Fortifications of South Carolina to President

Bull; Charleston, 23 December 1737. Copy, of Cat. S.P. Col., 1737, No. 648 i. 5 pp.

[CO. 5, 366, Jos. 78-

221 Minutes of meeting of Trustees for Georgia. Sealed the following:
May 19. lease and release dated 16 and 17 May 1738 for 3,000 acres to bailiffs of

e ourt - Frederica in trust for granting 5 acres to each soldier and N.C.O. of
Col. Oglethorpe 's regiment; same of same date for 3,000 acres to bailiffs of Savannah in
trust for granting 50 acres to men being Protestants of 21 and upwards who arrive in
Georgia within three years from the date; minute of resolution of Common Council
relating to Col. Oglethorpe's account; same indemnifying Col. Oglethorpe against the
endorsement of the Trustees' sola bills ; a letter to Mr. Causton dated this day and several
lists and accounts and invoice annexed; instruction to Thomas Jones, i p. [CO. 5, 687,
A 73-]

222 Benjamin Martyn to William Stephens. The Trustees have received
M *y 19. your letter of 19 January last with your journal and are very much

pleased with your being so particular in your accounts and hope you

224] AMERICA AND WEST INDIES 1738 87

will go on to communicate by all opportunities. In your letter you take notice of a
dissatisfaction among several persons upon the tenure of their lots being confined to
heirs male and you make an observation on the great advantages of their going to the
heirs general. The granting of lots to the heirs general the Trustees are persuaded will
appear to you on a second reflection to be impracticable as the colony will consist of
people of so many different countries. And to convince you that the Trustees have
always had and still have a disposition to make the people perfectly easy in this particular
and to grant the lots, whenever there is a failure of male issue, to the daughters of any
proprietor, they have ordered me to enclose to you a clause in the printed terms (which
are always offered to such persons who go at their own expense) relating to females,
which is as follows : "When the land reverts to the Trust on the determination of the
estate in tail male it is to be granted again to such persons as the Common Council of
the Trustees shall think most for the advantage of the colony, and the Trust will have a
special regard to the daughters of those who have made improvements on their lots not
already provided for by having married or marrying persons in possession or entitled
to lands in the province of Georgia in possession or remainder. And the wives of such
persons in case they should survive their husbands are during their lives entitled to the
mansion house and one-half of the lands improved by their husbands, that is to say
enclosed with a fence of six feet high." The Trustees think proper to adhere to the
covenants which have been made in their several grants and are determined to take the
forfeit of grants of those who neglect to cultivate their lands. Entry, i p. [C.O. 5, 667,
Jo.^d.}

223 Same to Rev. George Whitefield. In your letter to Mr. Verelst from

M *y 19- Gibraltar dated 20 February you take notice of Mr. Wesley's return to
England and desire to know whether the Trustees would have you
alter the measure which they proposed. They are pleased with the zeal which appears in
you and do by this permit you to perform all religious offices as deacon of the Church of
England at Savannah as well as Frederica until another minister is provided for Savannah.
They have no doubt but by your prudence every spirit of dissension will be laid amongst
the people as far as you can contribute to it and that sobriety and industry and a due
reverence to the magistracy will be constantly recommended by you to them as the most
effectual means to make them quiet and happy and to qualify them for a just observance
of the worship of God. The Trustees have ordered that another box of stationery be
sent to you, as you desire, by the first opportunity. Entry. \p. [C.O. 5, 667, jo.

224 Same to Thomas Hawkins at Frederica. The Trustees are very well

May 19. pleased with the account you give in your letter of 28 November last
of the great harmony amongst the people of your part of the province.
As this in some measure must depend on the conduct of the magistrates, they have no
doubt of its continuance from your's and the other gentlemen's behaviour. They desire
you will omit no opportunity of writing to them and that you will acquaint them with
whatever occurs worth your notice; you cannot be too particular in writing to them
since they can only govern themselves in their care of the colony by the accounts they
receive from thence. The improvements in building and cultivation of lands, the births
and deaths of the people, are what they want to be constantly informed of, as likewise
of their behaviour in general. The Trustees are determined to show the greatest marks
of their favour to those who shall be found to be the most sober and industrious. They
have ordered the drugs, of which you sent an invoice, to be sent over to you. Entry. f />,
[CO. 5 ,66 7 ,>.r. 5 6</, 57.]

88 STATE PAPERS COLONIAL [225

225 Same to Hugh Anderson. The Earl of Egmont laid your letter of 10

May 19. August 1737 before the Trustees who are very well pleased with the
care you have already taken and the observations in your memorial
concerning the state of the public garden. They are concerned that the garden has been
so strangely neglected by those who had the management of it and that it has been so
much prejudiced by the people's cutting down the trees which were a proper shelter of
it from the winds. They have no doubt but by your care and industry it may soon be
brought to answer their expectations, and they will give orders that you shall have
necessary assistance. They have always designed it as a nursery for such productions as
it is the interest of the province to cultivate, such as mulberries, vines, olives etc., which
were to be delivered out to the people as they could get their grounds ready to receive
them; they have still the same view and therefore desire that you will let them know by
the first opportunity how many days a ditch surrounding the garden of four feet deep
and proportionaWy wide together with a hedge on the inside of the pales will take up,
also how many days in probability the making a pump or well in the garden will take up,
and how many days to make proper divisions by hedges in the garden by two men. The
Trustees hear that it is best to raise mulberries from seed; they recommend it to you
therefore to raise as many as you can from the seed at the properest season as also plenty
of vines and olive plants. In the meantime when the grapes are ripening the Trustees
think it necessary that no person be admitted to enter the garden except the magistrates
or other persons who have a right to inspect it, and they hope that due care will be taken
for the preservation of all the trees and plants in it, and they recommend it to you that
the growth from the stocks of the trees next adjacent to the garden on the north and
north-west side be preserved in order for a shelter. You were acquainted in December
last that Lord Egmont had communicated to the Trustees your desire of a lot for one of
your younger sons, and that the Trustees thought it most for your's and your son's
advantage that a grant should be made to your son of 5 oo acres of land which you may
take care shall be improved for him. Entry, i p. [CO. 5, 66j,Jo. 56.]

226 Harman Verelst to Thomas Causton per Mr. Jones on Union, Capt.

May 19. Moverley. The Trustees received your letter of 14 January last with
lce ' the account of Capt. Thomson's arrival with servants for the Trust
and others at his owner's risk, together with the particular dispositions of those at the
owner's risk, whereof only 10 women, i boy and i girl are in that disposition charged as
belonging to the Trust and all the others at the owner's risk, being 44 in number, are
chargeable on other proprietors. Yet in another list of those servants you gave the captain
with a receipt at the bottom, you acknowledge to have received them all for the use and
account of the Trust and quote the Trustees' orders of 20 May 1737 for that purpose;
which orders were that if any of the servants sent at the owner's risk should not be paid
for at the end of thirty days from their arrival, the captain had leave to deliver such
servants and their indentures to you for the Trustees' use to be employed in the public
work. But such servants were not to be disposed of to private persons upon credit but
were to remain the servants of the public for cultivating lands for the use of the colony
and to save the expense of hiring servants for public work which has been so great a
charge. As you have therefore without any authority brought this charge upon the
Trust, the Trustees have determined that you must answer for the charge of the said
44 servants making 43 \ heads at 8/. per head demanded of the Trustees by virtue of your
receipt to Capt. Thomson, they being all by your disposition become the property of
private persons on credit, which amounts to 3487. sterling, against which they will allow
for the man sick at Savannah if he shall appear to remain the Trustees' servant, one

226] AMERICA AND WEST INDIES 1738 89

woman-servant to William Stephens, and one woman-servant to John Browne of
Highgate, on their certificates. As to all the others, the 8/. per head must be made good
to the Trustees and not in the hire of servants to work it out, for that would be an
extraordinary proceeding to pay for indented servants lent to private persons and be
repaid by the hire of them out again to the Trustees themselves who paid for them.

You have further taken 9^ heads of German servants brought by the Three Sisters on
your own account without any permission from the Trustees, for whose passage the
Trustees have paid including the charge of delivering them at Tybee 61. zs. 6d. sterling
per head amounting to 5 8/. 3 j-. 9^. which you are further chargeable with. And on inspect-
ing the accounts current you lately sent them, they observe that large credits had been
given to several persons for which they cannot find any orders sent by them to you for
that purpose, and herewith you receive a list of the balances stated due from those
persons on their said accounts current amounting to 890^ js. 8%d. sterling. They there-
fore call upon you to know the reason why such credits were given. The Trustees are
very sorry to find all their endeavours hitherto so ineffectual for obtaining a regular and
known expense of the colony and their providing a proper means of defraying it, which
have been so much hindered by that surprising liberty you have taken of receiving every
ship's cargo brought to Georgia and the certifying the receipt of them to demand
payment in England even when their cargoes were not wanted, as in the case of Robert
Ellis so lately certified as 3 February last, while at the same time the Trustees were
calculating to provide for the expenses they ordered to be made and sending their sola
bills to defray them. Yet they not only find these expenses defrayed in another manner
but also their sola bills come to England for payment without any cash accounts of
them showing when received and to whom and for what issued. This conduct of yours
is so dissatisfactory that the Trustees find it high time to put an end to all credit what-
soever and have therefore given public notice in several different gazettes. [As in letter
to William Stephens. See No. 228.] The Trustees have sent you the annexed account of
the expense of the colony paid for in England and accrued since midsummer last of the
sola bills sent you and also of the provisions and effects received by you since that time,
amounting to n,i52/ zs. \d. sterling, which surprising amount has been owing to this
unrestrained method of your receiving of everything brought you and making the
Trustees debtor for the conveniency and encouragement of ships to overstock the
colony with their cargoes. These large quantities of provisions and goods must richly
provide for all expenses of the colony before the receipt of this letter and produce a great
surplus for the maintenance of the Trustees' servants who are the only persons now on
the Trustees' expense to maintain and for which they appropriate this great remain of
provisions and goods as their surplus fund to do so.

All the established allowances sent over by Mr. Stephens and directed to continue to
Lady Day 1738 and every article of expense contained in the Trustees' letter by him do
upon the receipt of this letter entirely cease and determine. [Orders to Henry Parker
regarding expenditure and issue of stores in 1738-9 here repeated. See No. 229.]

Your cash-books for August, September and October 1736 are still wanting as also
the particular answers to queries on sums not explaining the services they were paid for;
and the most effectual way to come at the proper answers is by sending the Trustees
copies of all your journals or day-books and ledgers from Lady Day 1734 from which
time you are accountable, which they now direct you to do and to employ some of their
clerks in making them out. For with those copies and the cash-books I have, the above
three months cash-books when sent, and your accounts current of all the sola bills
issued by you, wherewith you have never yet charged yourself, will enable me to clear
up those blind entries of payments which do not specify the services for which they

90 STATE PAPERS COLONIAL [226

were made, and for want of which you are returned accountable for a very large sum of
money. Your cash-books from i November 1736 to 31 December 1737, except for the
first month, are more properly monthly books for taking receipts in for money paid
than cash-books, there being no entries of money received or of sola bills which are
equal to money.

The Trustees, having paid 2jo/. of bills you have drawn on General Oglethorpe at
several times, have so paid them in discharge of your allowances of 4o/. a year as store-
keeper and io/. a year as magistrate, which pay those allowances to February last. And
they agree that you should have the allowance of 4o/. a year as storekeeper continued
until one month after the receipt of this letter and no longer, there being very little
business for a storekeeper now excepting the proper care and issuing of what shall
remain in the store; and that they do not intend to trouble you with because they think
that your attendance upon the court and other avocations will fully take up your time.
You are to make out an account of the remain of stores and of what demands, if any,
there are upon the store and send it certified by William Stephens, yourself and Henry
Parker. You are, further, to send your cash-accounts up to the receipt of this letter to be
followed with the copies of your books beforementioned with all convenient speed that
the Trustees may examine your whole accounts and judge of the reasons that may
support your conduct. For on their approving of your accounts and thereby being
enabled to satisfy the public in a clear and regular manner of the particular services that
these great expenses have been consumed in, the Trustees will not be unmindful of the
great burthen that has lain upon you for these several years past, and therefore only
want an opportunity by your accounting for these expenses as you ought to do to further
consider your past services as storekeeper when that is done.

Thomas Jones, now going over with General Oglethorpe, is to enquire into Mr.
Bradley's demands upon the Trust and the Trust's demands upon Mr. Bradley. Mr.
Jones is appointed storekeeper at 3o/. a year to commence at the expiration of one month
after the receipt of this, and he is to have one of the Trustees' clerks to assist him.
Abraham de Lyon's petition is approved. [See No. 227.] The Trustees have approved
Major William Cook's two daughters being joint proprietors and successors of the house,
garden-lot and farm-lot at Savannah lately belonging to Peter Gordon and by him sur-
rendered to the Trustees, leave being given for the eldest daughter when of age to
surrender her interest to her sister. The rent of this house from Lady Day last therefore
belongs to the said daughters. The Common Council have nominated Robert Gilbert to
succeed John Dearne deceased as Third Bailiff. Charles Wesley's health not permitting
him to return to Georgia with General Oglethorpe, the Common Council have appointed
John Clarke (who goes over with the general) to be secretary for Indian affairs. John
Coates, the constable and one of the trustees for the orphans, having deserted the colony,
you are desired to move the town-court to name another trustee in his room and to call
upon the trustees for the orphans to send an account of their proceedings to the Trustees
from time to time.

The Trustees are much concerned that Savannah is at present destitute of a minister
and they hope the magistrates will by good examples and a due care of the morals of the
people do what in them lies to supply that present want which the Trustees are very
anxious to have removed by the first opportunity, and that in the meantime the magis-
trates are desired not to absent themselves on Sundays but to assemble together and
cause prayers to be read to the people by some decent person who can read. They direct
that all unlicenced public houses be immediately suppressed. [Orders for Henry Parker
and Thomas Christie regarding servants for themselves repeated here. See Nos. 229, 230.]
Captain Thomas, an engineer going over with General Oglethorpe, has been desired

226] AMERICA AND WEST INDIES 1738 91

to make an estimate when at Savannah for building a church there which he is to send
over together with a plan for the same by the first opportunity, and you are to let him
know what number of the Trustees' servants can be spared for that work. There is on
board the transport ships 85 tons of flint stones, 5 tons of Danzig stones, 77 bars of
Swedish iron containing 32 cwt. 2 qrs. 16 Ibs. at 1 5/. 6d. per cwt., 100 bars of Russia iron
containing 54 cwt. 3 qrs. 10 Ibs. at i^s. 6d. per cwt., and 6 faggots of steel containing
4 cwt. i qr. 4 Ibs. at 30^. per cwt., all for building the church at Savannah besides the deal
boards used in building cabins on board the three first transport ships which sailed in
January last and part of those used in building cabins on board the transport ships now
departing for Georgia. [Orders to Henry barker concerning parcels shipped for the Trustees
are repeated here. See No. 229.] [Orders to William Stephens concerning lands for religious uses
are repeated here. See No. 228.] There is another Trust grant now goes over for 300 acres
more to be set out in the southern part of the province to be cultivated for the religious
uses of the colony and in the first place to provide for the maintenance of a minister at
Frederica. [Orders to William Stephens concerning 3,000 acres for grants to settlers of three
years standing are here repeated. See No. 228.]

As this letter contains matters of the highest importance to the welfare of the colony
and to the satisfying of the Trustees who take so much pains to establish it, they have
affixed their seal hereto and the annexing of all the papers herewith sent you, and they
expect a due obedience be paid to these their unanimous resolutions; and Thomas Jones
who delivers you this letter has their orders to take your receipt for the same. Entry.
P.S. Since the writing of this letter the Trustees have received advice of two more
accounts certified by you 23 January 1737/8 for provisions and necessaries from 7
November preceding received of Messrs. Minis & Salomons amounting together to
532/. i4S. 6d. which being added to the 11,1527. zs. id. (your receipts since midsummer
1737) will increase the same to 1 1,6847. i6.r. -jd. i\pp. Enclosed,

226. i. List of balances stated due from the following persons on their accounts
current sent by Thomas Causton to the Trustees for Georgia: Peter Appy, 39/.
currency; Thomas Antrobus, j/. izs. o^d. sterling; Sir Francis Bathurst, 6237. i8j~.
currency; Robert Bunnian, 2097. j/. jd. currency; Margaret Bovey, 7767. 19^. zd.
currency; Michael Bourghouter, i867. oj. $\d. currency; Widow Bowling, 1 5 7. 7^. \\d.
sterling; William Cookesey, 5177. us. o^d. currency; Jacob Charles Charles (sic},
767. I2J. (>\d. currency; Peter Coble, 287. iSj. 4^. currency; William Cross, 237. i6s. jd.
currency; Thomas Christie, 3177. 14^. 6d. currency; James Campbell, 37. zs. 6\d.
sterling; John Coates, 5597. nj. $d. currency; Peter Dechter, 5 87. IQJ-. zd. currency;
John Davis, 51 7. 19^. \\d. currency; Andrew Duche, 1147. 6s. lod. currency; Patrick
Houstoun, 9417. $s. currency; Richard Hughes, 2377. zs. io$d. currency; William
Harris, 757. i8j. z\d. currency; Youst Henry, 367. is. z\d. currency; Roger Lacy,
1,5427. 8j. -/d. currency; David Peters, 397. 5^. 8|</. currency; Rogers and Clark,
257. 8.r. J,d. currency. Total, translated into sterling, 8907. js. %\d. Entry, i p.

226. ii. Account of the expenses of the colony of Georgia paid for in England
and accrued since midsummer 1737, of the sola bills sent to Mr. Causton, and also of
the provisions and effects received by him since that time. Total 11,1527. 2/. id.,
including 5097. remaining in Mr. Causton's hands at midsummer 1737. Entry, zpp.

226. iii. Account of the expenses in America estimated by the Trustees for the
service of the colony of Georgia for one year, midsummer 1738-1739. Total:
1,6767. 5J. id. Approved by the Trustees, 10 and 17 May 1738. Entry. i\pp.

226. iv. Invoice of several parcels from the Trustees consigned to General
Oglethorpe and shipped on the transports now on their departure for Georgia with
the use of each: building materials for church at Savannah, tools for Trustees'

92 STATE PAPERS COLONIAL [227

servants, seeds, presents for the Indians of guns, paint and beads. Entry, zpp. [C.O. 5,
66j,fos. 6o

227 Harman Verelst to Abraham de Lyon at Savannah. Your proposal for
May 19. propagating vines in Georgia has been approved. You, Dr. Samuel

Nunes, Mr. Daniel Nunes and Mr. Moses Nunes are to sign a bond to
the Trustees for Georgia in the penalty of 4oo/. sterling in six years from the date,
without interest. On delivery thereof to General Oglethorpe, he will pay you the zoo/.
you desired to be advanced. The Trustees are confident you will perform every part of
your proposition as well as the repayment of the zoo/, and they wish you success therein.
Entry. \p. [CO. 5, 66 7 ,>. 57-]

228 Same to William Stephens. The Trustees received your letter dated 19
May 20. anc l 2 o January last, as also journal etc. Your conduct being quite

agreeable to the instructions they gave you, the Trustees very much
approve of it. The present hurry on General Oglethorpe's departure has prevented the
fully taking your journal into consideration. The Trustees in the strongest manner
recommend to you to enquire and send them a particular account how and on what
labour their servants are employed, for the benefit of their labour must appear not only
to answer the great charge of them but also to produce a surplus benefit for the use of
the colony which was the chief end of sending them. The Trustees, notwithstanding
their endeavours to regulate the expense of the colony and provide the proper means of
defraying it, have been greatly prevented therein by the number of certified accounts for
cargoes received in Georgia which have been sent over to England for payment at the
same time that their sola bills were sent to Georgia for defraying the expenses they
ordered to be made. They have therefore given public notice in the London Gazette that
all expenses they order shall be paid for in their sola bills and that no person has authority
to purchase cargoes or contract any debt in America. Copies of notices signed by the
secretary are sent to you to be affixed to the door of the storehouses at Savannah and
Frederica.

Thomas Jones is appointed storekeeper in the room of Mr. Causton to take possession
of the remain of stores in one month. He is to issue them pursuant to the orders he shall
receive from yourself, Mr. Causton and Mr. Henry Parker, or any two of you, which
issues the Trustees direct in the first place to be made for the maintenance and providing
for the Trustees' servants who are the only persons now on the Trustees' expense to
maintain. All the established allowances sent over by you and directed to continue to
Lady Day 1738 and every article of expense contained in the Trustees' letter to Mr.
Causton sent by you do upon the receipt of the letter now sent by Mr. Jones to Mr.
Causton entirely cease and determine; and the Trustees will allow and defray no other
expenses but those which by the copy thereof herewith sent you are estimated for the
service of the colony from midsummer 1738 to midsummer 1739. And you together
with Mr. Causton and Mr. Henry Parker or any two of you are directed to defray those
expenses from time to time either with the remain of sola bills still in Mr. Causton's
hands or with those which any two of you shall be empowered to issue. And as such
expenses shall be defrayed those two of you who defray them are to sign the account
thereof and send it from time to time to the Trustees specifying the services for and to
whom such expenses were paid agreeable to the said expenses so estimated with a list
of the bills as issued.

Mr. Bradley's account, demands and conduct are referred to Thomas Jones to
examine and report. Abraham de Lyon's petition being granted, General Oglethorpe

23]

AMERICA AND WEST INDIES 1738

will advance him the zoo/, sterling. Robert Gilbert is appointed Third Bailiff of Savan-
nah; herewith you receive his constitution. The Trustees have desired Mr. Causton to
move the town-court of Savannah to name a trustee for the orphans in the room of John
Coates the constable, and that the trustees for the orphans may be called upon to send
an account of their proceedings from time to time to the Trustees. [Permission to George
Whitefield to perform religious offices at Frederica and Savannah repeated. See No. 223]. The
Trustees have desired the magistrates in the meantime not to absent themselves on
Sundays but to assemble together and cause prayers to be read to the people by some
decent person who can read.

Seven of the Trustees' servants are to be employed immediately in the cultivation of
the 300 acres of land granted 31 March 1736 for the religious uses of the colony. You,
Henry Parker and Mr. Causton are to co-operate in their proper employment. [Orders
to Henry Parker about servants for himself, clothing and necessaries; to William Bradley about
servants for Mr. Christie ; and to Henry Parker about the disposal of parcels shipped for the
Trustees, are repeated. See Nos. 229, 230.] Entry. P.S. There is a trust grant sent you
herewith the counterpart of which you are to get executed by the bailiffs of Savannah.
It contains 3,000 acres of land in trust that every man of 21 and upwards being a Protes-
tant who should within three years from the date arrive in Georgia should have an
allotment of 50 acres of land granted to him as is therein mentioned; and those lots
which are desired in the northern part of the province are to be set out by yourself and
Mr. Causton and those in the southern part by William Horton and Thomas Hawkins,
to whom please give notice. $\pp. [C.O. 5, 66j,Jos. 59-60^.]

229 Same to Henry Parker at Savannah. The Trustees, having been

Ma Y 20. informed of your good behaviour and that your time has been greatly
lce ' employed in the honest discharge of your duty of Second Bailiff of
Savannah, have ordered me to buy for you clothing and necessaries to the value of 2o/.
sterling which I will do and send you by the first opportunity. They have also allowed
you two menservants now under the care of Mr. Bradley who has directions sent him
for that purpose. The Trustees have appointed Robert Gilbert to be Third Bailiff of
Savannah in the room of John Dearne deceased. Mr. Causton's attendance on the court
and other avocations fully taking up his time, the Trustees have appointed Thomas
Jones (who brings you this) to be storekeeper in his room. The Trustees having esti-
mated the expenses they have ordered to be made in the colony for one year from mid-
summer 1738 to midsummer 1739, tne account thereof is herewith sent you. William
Stephens, Mr. Causton and yourself, or any two, are to defray those expenses with the
remain of the sola bills still in Mr. Causton's hands or with those which any two of you
will be empowered to issue. Those two of you who defray these expenses are to sign the
account thereof and send it to the Trustees specifying the service for and to whom such
expenses were paid, agreeable to the said expenses so estimated with a list of the bills as
issued. The parcels shipped for the Trustees and the uses they are to be put to are
described in the invoice herewith sent you ; William Stephens, Mr. Causton and yourself
or any two of you are to direct the storekeeper in the application of them except the
presents for the Indians which General Oglethorpe will dispose of. Entry. \\pp. [C.O. 5,
66-fJo. 58,

230 Same to William Bradley at Savannah. The Trustees have received

May 20. your letters of i December 1737 with the papers and accounts enclosed.

As to their agreement with you, they were out of the produce of

100 acres cleared, cultivated and improved in one year with 30 or more of their servants

94 STATE PAPERS COLONIAL [231

under your care, to pay ioo/. sterling and they were to furnish you on your arrival with
10 servants for your own use with tools and provisions for one year and also to maintain
you, your wife and children for one year after your arrival according to the custom of
the colony. As to the 40.1-. an acre you mention, that was a forfeiture deductible from you
out of the ioo/. payable from the produce of the land for every acre of the ioo acres
uncultivated at the expiration of one year. Which agreement on the Trustees' part has
been performed. Thomas Jones who brings this is to enquire into what you mention of
servants employed in the Trustees' service not your own, into your demands and into
the demands on you. He has copies of your accounts with the store.

The Trustees direct: seven servants to be employed in clearing and cultivating 300
acres of land in the northern part of the province for the religious uses of the colony, to
be such of them and in such manner employed as William Stephens, Thomas Causton
and Henry Parker, or two of them, shall think fit; two men servants under your care
such as Henry Parker shall choose are allowed him by the Trustees in consideration of
his services as second bailiff of Savannah, if married their wives to go with them; two
servants more under your care in case Thomas Christie continues in his office of recorder
of Savannah are allowed him for his own use. Entry. \\pp. [CO. 5, 66j,Jos. 57^, 58.]

231 Josiah Willard, secretary of Massachusetts, to [Thomas Hill], trans-
May 20. mitting public papers of the province for six months ending February

last, vizt. minutes of council and assembly, and Acts. Treasurer's
general account is not yet passed. Signed. P.S. Your Christian name I cannot learn, there-
fore please excuse the omission, i small/). Endorsed, Reed, i July, Read 5 July 1738.
[CO. 5, 88i,/w. 2, 2</, 9, 9</.]

232 James Oglethorpe to Andrew Stone. Our arms etc. are embarked, as
May 21. the men will also be on Monday. When I came down I found the

Admiralty had not ordered the men-of-war to convoy the transports
nor stay for them, on which I wrote to Sir Charles Wager. There is a report here that a
ship is come into Cowes from Havana directly in seven weeks, that the Spanish fleet was
not then sailed from Havana but that preparations for the invasion of Carolina and
Georgia were making, flat bottom boats building etc. I have sent over to know the
truth of this report and as soon as I receive it, shall acquaint you with the answer. I
desire you to send me the copy of the Spanish memorials and answers to Portsmouth.
Signed, i p. [C.O. 5, 654, Jos. 139-140^.]

233 Minutes of meeting of Trustees for Georgia. Read petition to the
May 21. Treasury desiring directions for issuing the 8,ooo/. granted in last

session of Parliament towards settling Georgia; secretary to sign.
Received by Rev. Mr. Burton, io/. fifth annual payment of an unknown benefactor for
endowment of a catechist in Georgia. Mr. Vernon laid before the board an order of
H.M. in Council relating to an ordinance passed in South Carolina to raise a sum to
indemnify the traders of South Carolina in opposition to the Act for regulating trade
with the Indians; ordered that a copy be entered in the Trustees' books and another
transmitted to Col. Oglethorpe to carry it to Georgia, i \pp. [CO. 5, 6%j,pp. 74-75.]

234 Governor Jonathan Belcher to Duke of Newcastle. By one of the last

May 23. ships from England, my brother Richard Partridge and my son Mr.

Belcher of the Temple (my stated agents) write me that Mr. John

Rindge of Portsmouth, New Hampshire, had been recommended to the king to be one

235] AMERICA AND WEST INDIES 1738 95

of the council of New Hampshire and that Mr. Belcher had presented a memorial for
postponing his appointment till I might be heard upon it. I would therefore now ask
your patience who are no stranger to the many difficulties I have met with since my
appointment to the governments of the two provinces now under my command to
support H.M.'s honour and interest. As to Massachusetts, the heats and broils they
were in before my arrival and since seem at present to be pretty well laid : the opposition
and trouble I have and do still struggle with in New Hampshire has been chiefly owing
to the restless temper of Col. Dunbar whose natural element seems to be strife and fire.
[Cites commission and instructions ordering him to nominate to the cronm persons fit to be councillors}
I have repeated these things that you may the more readily see the king's just expectations
from his governor and no doubt to give him all reasonable power and authority to
support the king's honour and interest and to prevent any contention or clashing between
the governor and the council which must necessarily be the case if men personally
prejudiced at the government and always opposing the king's authority must be members
of the council; and such is Mr. Rindge recommended to supply the place of Mr. Gamb-
ling, lately deceased. This, Mr. Belcher has more amply set forth in a memorial to H.M.
in my behalf, every paragraph whereof is strictly true. And I am greatly surprised that
Mr. Rindge could possibly obtain a recommendation to be one of the council, which
matter H.M. by his commission and instructions seems to have committed to the
prudence and discretion of the governor. I therefore beg you that I may not have men
placed at the council board who seek it purely to be capable of making uneasinesses in
the government.

I would now recommend to you for supplying the place of Mr. Gambling Mr.
Samuel Sherburne, a native and inhabitant of New Hampshire, a gentleman of a liberal
education, of good virtue, of strict loyalty and duty to the king and to his royal house,
and of good estate and ability.

The latter end of last month I was served with copy of a complaint exhibited against
me to the king in council by a committee of the House of Representatives of New
Hampshire and at same time with an order of the Privy Council to make answer thereto.
I am now preparing my answer and hope to get it ready to go by this ship or the next.
I pray no advantage may be taken if I cannot get it ready sooner. I have no doubt to
make it appear that the complaint is altogether groundless, full of notorious falsehoods
and contradictions; and I beg that you would do me the honour to be at the hearing
when I have nothing more to ask than that truth and justice may fall into their proper
scale. Signed. 9 small pp. Endorsed, Reed. 4 July. [C.O. 5, 899, fos. 3 3 5-340^.]

235 Order of King in Council. The Committee for Plantation Affairs on

May 25. 2 j February last considered all the papers relating to complaints made
by Maryland and Pennsylvania against each other and were attended
by counsel on both sides and the proprietors of both provinces. After adjournment
counsel acquainted the committee of agreement on following propositions: (i) so much
of H.M.'s order of 18 August 1737 as relates to preventing riots on the borders of the
two provinces to stand in force; (2) there being no riots in the Three Lower Counties,
that part of the said order relating to those counties to be discharged; (3) lands and
jurisdiction to remain in possession as they now are till the boundaries are finally settled;
(4) as to vacant lands in contest outside the three counties and not now possessed by
either proprietor, temporary jurisdiction is to be exercised by Pennsylvania east of the
Susquehannah as far as 1 5 J miles south of the latitude of the most southern part of
Philadelphia and on the west of the Susquehannah as far as 14! miles south of the said
latitude; south of these limits by Maryland; (5) within the limits thus set both proprietors

96 STATE PAPERS COLONIAL [236

may grant lands; (6) prisoners on both sides on account of any riots relating to the
bounds to be released in recognizances to submit to trial when called upon by order of
H.M.; (7) this is to be a provisional and temporary order without prejudice to either
party; (8) H.M. to be moved to discharge as much of the order of 18 August 1737 as
varies from this agreement; petitions of complaint now depending to be withdrawn.
This agreement is approved and the proprietors ordered to execute it. Copy, certified by
James Vernon. i\ pp. Endorsed, Reed. 23 June, Read 21 July 1738. [CO. 5, 1269, Jos.
19-23^; another copy certified by W. Sharpe, endorsed Reed. 8 May, Read 8 June 1739,
at Jos. 49-54^-]

236 Same, repealing ordinance passed in South Carolina for raising 2,ooo/.
May 25. sterling to indemnify traders from Carolina in contempt of an Act of

Kensington. Georgia for maintaining peace with Indians. Copy, certified by James
Vernon. z\ pp. Endorsed, Reed. 23 June, Read 21 July 1738. [CO. 5, $66,Jos. 103-104^;
another copy, endorsed Reed. 8 May, Read 8 June 1739, m C-O- 5> 3^7>/- f - n-i*^;
entry in C.O. 5, 670, pp. 372-373-]

237 Same, on report from Committee for Plantation Affairs, disallowing
May 25. an ordinance passed in South Carolina, 26 June 1736, for asserting and

Kensington. ma i n t a ining the rights and privileges of H.M.'s subjects of South
Carolina to a free and open trade with the Creek, Cherokee and other Indians, and
directing the Council of Trade and Plantations to prepare drafts of instructions for the
governor of South Carolina and the Trustees for Georgia according to report of the
Committee for Plantation Affairs. Signed, James Vernon. Seal. 5 pp. Endorsed, Reed. 31
May, Read 7 June 1738. [C.O. 5, 366, fos. 70-73^.]

238 Same, approving an Act passed in Virginia in September 1736 for
May 25. confirming and better securing the titles of lands in the Northern Neck

Kensington. hdd under Lord p airfax Co p y ^ cer tified by James Vernon. \\pp.

Endorsed, Reed. 23 June, Read 21 July 1738. [CO. 5, 1324, fos. 127-128^; another copy,
endorsed Reed. 8 May, Read 8 June 1739, at /ox. 163-164^.]

239 Same, approving report from Committee for Plantation Affairs [see
May 25. A.P.C., Colonial Series, 1720-45, />/>. 574-575] and draft instruction to

the governor of Jamaica empowering him to make grants of royal
mines in Jamaica for terms of fifty years on condition of paying to the crown one-fifth
of gold, silver and precious stones, charges deducted. The grantees are to work their
grants and produce some profit for the crown within five years or the grants shall be
void. The governor is not to grant all the royal mines to any one person or set of persons.
If application be made for grants under private property the owner of the said property
may within one year of notice given take out the grant ; if he does not do so the same
may be granted to the first applicant. Signed, James Vernon. Seal. 4^ pp. [CO. 5, 198,
fos. 2-4</.] Enclosed,

239. i. Additional instruction mentioned in the Order. Draft. 5 pp. [C.O. 5, 196,
fos. 287-290^.] [Copy of order endorsed Reed. 23 June, Read 21 July 1738 in CO. 137,
22, fos. 193-194^, 201, 2oid; another copy endorsed Reed. 8 May, Read 8 June 1739
in CO. 137, 23, fos. n-i

240 Order of King in Council. The Council of Trade and Plantations

May 25. having prepared the draught of a commission for Philip Vanbrugh

Kensington. ( comman der of H.M.S. Chatham) to be governor of Newfoundland in

243] AMERICA AND WEST INDIES 1738 97

the same form as that to the last governor except that they have inserted a clause to
empower the governor to appoint judges of oyer and terminer for trying all criminal
causes and awarding execution thereon, and in the draught of instructions they have
added the 67th article whereby the governor is required to allow but one court of oyer
and terminer in a year and that only when he or the commander-in-chief is resident
on the place and not to suffer any person to be executed pursuant to the sentence of
such court until a report shall have been made to H.M. in Council and H.M.'s pleasure
signified thereupon, and have likewise added the 68th article requiring the governor
to enquire into a complaint made by the last governor relating to the sack-ships
conveying fish to market before it is cured; the commission is hereby approved except
what relates to the power of the governor to appoint judges of oyer and terminer, which
H.M. does not think expedient at present to be given, and the instructions are appro-
ved except the 67th article. Signed, W. Sharpe. Seal. z| pp. Enclosed,

240. i. Commission for Philip Vanbrugh to be governor of Newfoundland.
Drajt. 6 pp.

240. ii. Instructions for the same. Drajt. 33 pp. [C.O. 5, \yi,jos. 59-83^; copy
of order, certified by James Vernon, in C.O. 194, 10, Jos. 90-91^; another copy,
certified by W. Sharpe, in C.O. 194, \o,jos. 107-108^.]

241 Same, directing Council of Trade and Plantations to prepare a draft of
May 25. an additional instruction to the governor of Barbados according to

the request of the enclosed petition. Signed, James Vernon. Seal. 2 pp.
Endorsed, Reed., Read 14 June 1738. Enclosed,

241. i. Petition of Francis Whitworth, Secretary and Clerk of Council of Barba-
dos, to the King, praying for an instruction to the governor for payment of fees due
for these offices. The total sum due to 4 May 1736 was 3, 2357. i8.r. 6d. which sum the
assembly has resolved not to pay. [See A.P.C. (Colonial Series) 1720-45, pp. 200-1.]
Copy. 3 pp. [CO. 28, 25,/<?j-. 64-67^.]

242 Same, appointing James Crockat and Edmund Atkins to be members
May 25. o f the council of South Carolina in the room of Thomas Broughton

smgton. an j Arthur Middleton, deceased. Copy, certified by James Vernon.
2 pp. Endorsed, Reed. 23 June, Read 21 July 1738. [C.O. 5, 366, fos. 105-106^.; another
copy, endorsed Reed. 8 May, Read 8 June 1739, m C-0* 5> 367, /0J". 7~8^/.]

243 Representation of President William Bull to Council of Trade and
May 25. Plantations. The long indisposition of the late lieut. -governor has

on ' occasioned the delay in answering your letter of 22 October 1736
enclosing copy of M. Geraldino's memorial. I have applied myself to obtain the best
informations and have been careful to establish the facts by the best proofs the nature of
the thing will admit. Before I proceed to a particular answer you will not esteem it a
departure from the subject if I look back to the English acquisitions on the continent of
North America or rather the powers granted by the crown to English subjects to acquire
and settle colonies in America.

I have been informed that Charles I granted to the Earl of Arundel the country now
called Louisiana and that this grant some time before 1629 was assigned to Dr. Daniel
Cox who attempted to make a settlement in that year but was interrupted by the French.
It is also reported that a grant passed in the same reign to Sir Robert Heath then attorney-
general for a large tract of land lying in the Gulf of Mexico and it is well known to you
that the charter granted to the late Lords Proprietors of Carolina (now surrendered to

7 XLIV

98 STATE PAPERS COLONIAL [243

H.M.) comprehends all the lands from lat. 36 30' to 29 northern latitude and south
and west in a direct line to the South Seas and that within those limits are included not
only the Spanish fort of St. Augustine but most of the rivers and ports in the bay of
Apalachee and Gulf of Mexico. Whether there were such grants from the crown to the
Earl of Arundel or Sir Robert Heath you have the opportunity [more 1 ] certainly to know.

That the province of Carolina has been settled under the charter of Charles II is a
matter past dispute but how far the boundaries of that province may be extended by
virtue of the charter is a case of too nice consideration for me to enter into. I hope
you will be satisfied if I state the facts agreeable to truth and as they appear to me,
though I hope I may be indulged in a wish that the boundaries might be extended to the
utmost limits expressed in the charter because I hope to make it appear to you that it
will be of the greatest importance to H.M.'s service and that the security and very being
of the English settlements in that province in a great measure depends upon preserving
to H.M. all the lands comprised within the limits of the charter. I must nevertheless
acknowledge that I have not been informed that any settlements have ever been made
by the English to the southward of the Alatamaha River except the attempt by the
assignees of the Earl of Arundel in 1629. [Marginal note A: Col. Barn well's journal and
observations.]

Since 1715, which was the year fatal to this country on account of an Indian war,
all the lands between Port Royal and the fort of St. Augustine have been wholly deserted
by the Indians ; but before that time the possessors of these lands were an Indian people
called the Yamasees formerly friends to the Spaniards, but during all Queen Anne's war
in hostility against them and in alliance with and depending upon the English in South
Carolina. In 1715 the Yamasees broke out war with the English and were in about two
years after by the English vanquished and drove off from their lands. The few who
remained and had escaped in the heat of the war retired and sheltered themselves under
the Spaniards at St. Augustine, from which place they have been since encouraged to
make depredations on the English and have been received with their plunder at the
Spanish fort of St. Augustine. [Marginal note B : Gray's deposition, Pearson's examina-
tion.]

The river Alatamaha receives its name from a tribe of Yamasee Indians (whose chief
was known by the name or title of Alatamaha) who were formerly settled there when
they were friends with the Spaniards. But after the Indians had deserted the Spaniards
and had lived many years with the English, upon the breaking out of the war, they
betook themselves to their old settlements on this river from whence they were soon
beaten by the English so that the lands from Port Royal to Alatamaha River remained
uninhabited from the time of the Indian war until 1721 when by H.M.'s command a
fort was erected and garrisoned upon that river. This fort was afterwards about 1726
accidentally destroyed by fire but, as I apprehend, not demolished by any order from the
court of Great Britain as M. Geraldino is pleased to suggest.

Upon the strictest and best enquiries I have been able to make I cannot learn that the
Spaniards had ever any settlement to the northward of the river of St. Juan : at that place
they have for several years at some particular times maintained a lookout with two or
three men. It is true that before Queen Anne's war they had a church and a small
settlement upon an island called Sta. Maria about six or seven leagues to the northward
of St. Juan's but this settlement during that war was entirely conquered and destroyed
by the English of Carolina and has never been regained. [Marginal note C: John Bee's
deposition, Mr. Parmyter's deposition, Mr. Ballentine's deposition.]

'Edge of MS damaged.

243] AMERICA AND WEST INDIES 1738 99

St. Augustine and the small lookout at the mouth of the river St. Juan are all the
possessions which the Spaniards now have on the seacoast to the northward or eastward
of Cape Florida. They have a settlement at Pensacola in the bay of Apalachee and in
1719 they built a small fort which they then called St. Joseph, since St. Mark, at the
mouth of Chatahuchee or Apalachicola river which empties itself into the same bay.
At this fortress the Spaniards have met with frequent interruptions from the Indians
who possess the head of the river, but of the present condition of their settlements there
we are not well informed except from the late advices we have received of their designs
to strengthen and reinforce them. [Marginal note D : Frew's deposition, Howell's deposi-
tion.]

The Spaniards had formerly another settlement on the river of Apalachee which
also discharges itself in the bay of that name. They had a church and a fortress called
St. Lewis and the Apalachee Indians were wholly under the Spanish subjection and
frequently invaded the Indians who were friends to the English and infested the settle-
ments at Carolina though they were seated at a great distance from that place. [Marginal
note E : Col. Moore's letters to Proprietors and Sir Nathaniel Johnson, Mathew Beaird's
deposition, Joseph Barry's deposition. See Col. BarnwelTs journal. See next above.]

In 1703, a war then subsisting between Great Britain and Spain, Col. James Moore,
formerly governor of South Carolina but then authorised by a commission from Sir
Nathaniel Johnson who succeeded him in the government, with an army of volunteers
consisting of white men and Indians formed an expedition against the Spaniards and
Indians settled at Apalachee. He had the success wholly to destroy the Spanish settle-
ment and either subdued or reduced all the Indians of that country who were under
the Spaniards to the obedience and subjection of the crown of Great Britain, and to
render the conquest made by the English more effectual and complete he destroyed the
whole country and brought away all the Indians who were the inhabitants of it and
settled them under the English government on the River Savannah, the present boundary
between Carolina and Georgia. In this expedition Don Juan Mfexia] 1 , the Spanish
governor of Apalachee, and several of his officers and private men were made prisoners
and were obliged to redeem their liberty at very considerable ransoms so that the whole
country came to the possession of the English by an absolute and entire conquest.

Since 1703 the country of Apalachee has been destitute of inhabitants and no attempt
(that we know of) has been since made either by Europeans or Indians to settle in those
parts except when the Spaniards in 1719 seated themselves at St. Joseph or St. Mark
near the entrance of Apalachee River, which settlement by the late advices we have
received they design to reinforce and extend even to the Apalachee Old Fields conquered
by the English in 1703. Their settlement at Pensacola is at some distance from the
country of the Apalachees and lies near the French settlements at Mobile and on the
Mississippi.

Having endeavoured to give you an account of the Spanish settlements on this part
of the continent, it will not be improper to take notice of that part of M. Geraldino's
complaint which represents that the governor of St. Augustine had received advices
from his lieutenant who commanded the fort of St. Mark in the province of Apalachee
that the Uchee and Talapooza Indians (subjects of the kings of Spain) had complained
that the English were then at work in erecting a fort in the king of Spain's territories
inhabited by the said Uchee Indians and that they even gave out they intended to build
another fort among the Talapooses to the northwest of St. Augustine and that another
party of English consisting of 300 men had appeared on the frontiers of the said province

*MS damaged.

IOO STATE PAPERS COLONIAL [243

and that after having displayed the standard of war in a convention of the Indians called
the Palachocolas they summoned the chiefs of the said province called the Cowetas to
join with them in a war against the Spaniards, giving them to understand at the same time
that they were determined to raze the fort of St. Mark.

As an answer to this complaint I must observe that the Indians which the Spaniards
call Uchees, Talapoozes and Cowetas are several tribes of Indians most of them seated
on a branch of the Chatahuchee River and by the English called in general the Lower
Creeks. [Marginal note: See the chart]. The Palachucolas are another tribe of the Lower
Creeks separated at some distance and settled nearer St. Augustine on the fork of the
same river. With all these Indians, the English of South Carolina have traded for these
50 or 60 years excepting only the interruption of about two years during the Indian war
but these Indians suffer themselves to be visited as well by the French and Spaniards
as the English though they acknowledge no subjection or obedience to either, giving
the preference nevertheless to the English on account of the advantage and convenience
they receive from our trade. As this is the truth of the fact, you will easily determine if
M. Geraldino has a just reason to insist that these Indians are the subjects of the king of
Spain or if the lands they inhabit and of which they have been the original possessors
can be said to be the territories of his Catholic Majesty. Whatever the inhabitants of
Florida may pretend to the contrary, they know to their cost that they never yet con-
quered the ancient inhabitants of that country or reduced them to any sort of obedience.

The Indians, however savage they may appear, are not so destitute of natural sense
or the knowledge of their own interests as not to be sensible of the importance they are
to the Europeans with whom they take part and they have the sagacity or at least cunning
to make their advantage of all those who they know will court their friendship. They
have address enough to gain presents from English, French and Spaniards, notwith-
standing the superior policy and refinements of those nations. It is more than a con-
jecture that some artifice of the Indians gave birth to the complaint made by the lieu-
tenant of Fort St. Mark; for it is not an unusual thing for the Indians to terrify the
Spaniards and by giving them apprehensions of danger to force presents from them.
This is the more probable because it is impossible to be made appear that 300 English
or any other body of that nation has at any time whilst there was peace between the two
crowns appeared on the frontiers of Florida or the country of the Apalachees. No such
thing ever happened. It is at the same time true that the English settled in Carolina and
Georgia had it under their consideration to settle a small fort garrisoned with about
twenty men amongst the Lower Creeks to secure their trade and to keep those people in
their interest. But I hope you will be of opinion that as this was requisite and proposed
to be done by the consent and on the lands of a free people who acknowledge no
obedience to the crown of Spain it could give no just cause of complaint to the court of
Spain nor can support the memorial of the agent of the king of Spain.

With submission there is much more reason to object against the claim which is
insisted on in the memorial of M. Geraldino. By the facts laid before you it appears
that the subjects of Great Britain in 1703 gained the whole country of Apalachee by
conquest and it is apprehended that by the Treaty of Utrecht the conquests made during
the last war were confirmed and that from thence H.M.'s right to that country became
indisputable. If this shall appear to you a just representation of the case we have in our
turn reason to complain of the Spaniards for possessing and fortifying themselves in
two places in the Bay of Apalachee, both of which are within the limits of the Carolina
charter and one of them gained by conquest in an open and just war.

It is to be hoped their pretensions will not appear less unreasonable when, according
to M, Geraldino's memorial, they complain that the inhabitants of Georgia built a fort

243] AMERICA AND WEST INDIES 1738 IOI

upon territories of the dominion of Florida, 25 leagues northern distance from St.
Augustine at the mouth of St. Simon's River. The fort which is mentioned in the memo-
rial is the same fort which bears the name of Frederica and which Gen. Oglethorpe by
H.M.'s command caused to be erected on the island of St. Simon at the mouth of the
River Alatamaha, which in the memorial is called St. Simon's River. I have represented
to you that the River Alatamaha never did belong to the Spaniards but was originally
possessed by a tribe of Yamasee Indians the chief of whom was distinguished by the
name which that river still bears and which continues as a strong and lasting evidence
of the truth of what is alleged. When the Yamasees made war with the English they
were conquered and driven away and never have been since able to regain their ancient
possessions; nor was it more than five years after the conquest and desertion of the
Indians that by H.M.'s command a fort was built on Alatamaha River to secure the
possessions which his subjects had so lately gained. The inhabitants of Carolina are
encouraged to hope that H.M. will continue his protection and to support the posses-
sions which have been acquired at the expense of so much blood and of so many of the
lives of his subjects.

The foregoing observations have been confined to your enquiries concerning the
boundaries of Carolina and the subject of the memorial presented by M. Geraldino. At
the time this memorial was presented the court of Spain seemed content to have matters
settled between the two crowns in the way of a treaty and accommodation ; but by what
has since happened and the repeated advices we have received from several parts, the
inhabitants of Carolina as well as Georgia have just reason to be under the most uneasy
apprehensions. I must represent to you the dangers we have just reason to apprehend
H.M.'s dominions in these parts will be exposed to from the extensive designs which it
is very evident both the French and Spaniards have in view and were very lately, if not
yet actually, in agitation. I apprehend that it will appear to you that it is past doubt that
the French and Spaniards have by an union and communication of counsels formed
such a plan that in case of a rupture they may with ease and without interruption invade
any part of the British dominions in North America. It has been long observed that the
French of Canada have been attempting to cultivate a correspondence with the Five
Nations to alienate them from the interest of the English and have been more than
ordinary industrious to prompt them to make war with the Indians that lie to the
westward and southward of Carolina and are barrier between Carolina and the settle-
ments both of the French and Spaniards. [Marginal note: President of New York's letter.]
When Mobile at the mouth of the River Mississippi was settled in the time of Louis XIV
the principal design (joined with some other views the House of Bourbon might have
at that time) was to settle a communication by the Mississippi through the back part of
the continent to Canada and to make the government of the province of Louisiana
dependent on that of New France to the end that by such a communication they might
unite their forces for the carrying on any future enterprise. [Marginal note'. See Col.
BarnwelFs observations and charter to M.Crozat.] Agreeable to this plan they have since
erected fortresses at convenient distances on the lakes of Canada and Illinois and all
along the Mississippi down to Mobile. But as the Indians which lie to the westward
and southward of Carolina and are in friendship with that province gave them frequent
interruptions it has been their policy to destroy them; and they have bent their chief
endeavours that way. The Chickesaws have been intended for the first sacrifice as they
are a warlike people and He most convenient to annoy the French in their passage on the
Mississippi, for which purpose the French have very lately sent a formidable force from
Old France and have ordered a thousand white men from Canada to join them in an
expedition against those people. [Marginal note: Colcock's information.]

102 STATE PAPERS COLONIAL [243

It is here submitted to your judgement if it is reasonable to think that it was necessary
to prepare so great a force or for the French to put themselves to so much charge and
expense barely to subdue a people who do not consist of above 400 or 500 fighting men.
The inhabitants of Carolina and Georgia have too much reason to fear that their views
are of far greater extent, and I must observe to you that if we were satisfied that the
enterprise so lately undertaken was wholly confined to the destruction of the Chickesaws
it would still have an influence that will certainly prove of the worst consequence to all
the settlements near the frontiers of North America. It will infallibly strike such a terror
amongst all other Indians who are in alliance with the English that it will render their
friendship very precarious, if not wholly secure them to the French. And if our Indians
are either conquered or destroyed by the French or gained by art or terror to their
interest the dangers to which the English settlements will be exposed are too obvious
to stand in need of any remark or explanation. You will consider further whether the
designs of the Spaniards with the expected assistance of 1,500 men from the French in
their late projected expedition and which was on the point of being carried into execution
could be designed against Georgia only, as the Spaniards have thought fit to give out.
Undertakings thus begun, conducted and carried on, and the truth of which is confirmed
by so many concurring circumstances and from accounts delivered by so many various
and distant hands, cannot fail of alarming all the settlements on the frontiers, nor can
the consequences which must be infallibly derived from them escape your penetration
and superior discernment. When you observe from the accounts now laid before you
[Marginal note: Ho well's and Frew's depositions] that an army of 7,000 men (most of
them disciplined troops) were ready to embark from Havana, that there was an expecta-
tion of their being joined by 1,500 French from Canada and their settlements on the
Mississippi, besides Indians, you can make no doubt but an entire conquest of this
country as well as Georgia must have been in view.

The provinces of Carolina and Georgia, if their whole force was united, are not able
to raise above 3 or 4,000 fighting men. These men lie dispersed through a country thinly
inhabited and which stretches along the seacoast above 300 miles, from whence you may
easily judge how difficult it must be to get them assembled and how easy it is for them to
evade or elude the best regulations that can be provided by militia laws. The property of
the people chiefly consists of slaves, for lands without them are of little value, and how
easy it is in time of danger for great numbers to retire with their slaves into the most
northern colonies where they will find themselves secure. But if we should have timely
notice of the enemy and there was a probability that the strength we have could be got
together and if we could be assured that the people would be compelled or prevailed
upon to make a stand upon the frontiers, they are still undisciplined and ignorant of
every military art except the bare use of firearms. Let them be admitted to be as brave
as any people whatsoever, how unequal a task will they have with regular troops even if
their numbers were equal ? and how much less capable will they be to defend themselves
when there is too great a probability that the force against them will be vastly superior.
Before the inhabitants of the two frontier provinces were sufficiently acquainted with
the formidable force which was in readiness to come against them, they conceived great
hopes from the assistance of Gen. Oglethorpe's regiment which has been long expected.
But you know well that a single regiment of the bravest and best disciplined troops may
be overpowered by numbers and may be obliged to submit notwithstanding they may
exert the greatest military virtue.

I have endeavoured to give you a true and faithful prospect of the situation and
condition of the two provinces on the frontiers as well as of the superior power, strength
and advantages of the French and Spaniards, and I am afraid have too fully and truly

243] AMERICA AND WEST INDIES 1738 103

shown that the several circumstances being considered, in all human probability these
countries must be lost to the crown of Great Britain unless such an aid is afforded them
as may at least make them equal in strength and power with the French and Spaniards.
When the condition of these provinces comes to be examined it is hoped that it will
be considered that however incapable they may be of defending themselves against a
foreign force, yet the province of South Carolina alone sends to Great Britain annually
near the value of 150,0007. sterling [Marginal note: Printed account of imports and
exports] in the produce of that province in return for the native commodities of Great
Britain and that to that province alone are employed above 200 sail of vessels owned
by the subjects of Great Britain. The cultivating plantations and raising commodities
which are so useful and advantageous to the trade of Great Britain and to which the
inhabitants of the colonies wholly apply themselves is partly the cause of their inability
to defend themselves against a foreign force; for whilst they wholly attend to agriculture,
commerce and the improvement of the product of the plantations, it is hardly possible
for them to be instructed in military discipline which is inconsistent with a domestic
or country life. On the other hand the settlements which the French and Spaniards have
in North America are chiefly upon military establishments and are maintained at the
charge of the respective crowns : trade, commerce and agriculture are wholly neglected
or at least in very little use amongst them.

To the representations I have laid before you I have added not only the depositions
of persons who have been examined upon oath but I have endeavoured to collect the
best accounts I could procure of everything that might contribute to your information,
and to give your a more perfect view I have presented a geographical description of the
countries on the continent of North America which are within the charter granted to
the late lords proprietors of Carolina upon which before I conclude I beg leave to make
some observations. I have before taken notice that the Spaniards have two settlements
in the Bay of Apalachee, one at Pensacola, the other at a place formerly called St. Joseph,
now St. Mark. The latter is at the entrance of Chatahuchee River. This river according
to my information is not exceeded by any on the continent of North America for the
convenience of its situation, the depth of water and the security of the harbour. It has
its source amongst the Apalachee Mountains and for several hundred miles runs through
one of the finest and most fertile countries in America. I could very largely insist on the
very great importance it would be to all H.M.'s dominions in America if this river was
secured to the crown of Great Britain, and on the contrary how very insecure the
frontier settlements in these parts will be rendered in case Chatahuchee River should
fall into the hands of the French or Spaniards, but I am not willing to trouble you with
needless repetitions because you will meet with a very ample description of this river
amongst the accounts [Marginal note : William Drake, late commissioner of Indian affairs,
his letter] now laid before you. But this I must observe : that from this river there is an
inlet to all the Indian nations and that by the superior power of the French and Spaniards
the Indians may be induced or even compelled to invade the two frontier provinces which
by easy marches from the upper parts of that river may be with very little difficulty
accomplished, and in case of a war it will be beyond the power of the united force of
Carolina and Georgia without further succours to prevent or oppose their powerful
invaders.

The several matters which I have represented to you I hope will appear to be of the
greatest importance to the security of H.M.'s dominions and that as the administration
of the government of this province has devolved upon me I could not discharge the
trust reposed in me without making you acquainted with the imminent dangers to which
I apprehend H.M.'s subjects are exposed. I could wish for superior abilities to set

104

STATE PAPERS COLONIAL [243

matters in more advantageous light but there is no difficulty in speaking truth and truth
I am certain will have its due weight with you. To propose a remedy would be presump-
tuous. I can only assure you that the inhabitants of South Carolina have the greatest
confidence in H.M.'s justice and goodness and arc fully satisfied that when their circum-
stances shall be represented by you and made known to H.M. they shall receive his
protection and that by his powerful aid he will effectually defeat and disappoint the
designs of their enemies. I entreat that the matters which I have laid before you may
have your early consideration according to their weight and importance and to the intent
that a seasonable relief may be granted. Signed. 5^ large pp. Endorsed, Reed., Read 27
July 1738. Enclosed,

243. i. Certificate by Joseph Wragg that the examinations, depositions and
letters hereunto annexed are true copies and that the deponents are persons of good
reputation. Charleston, 27 May 1738. Signed, Joseph Wragg, James Michie, Deputy
Secretary, i large p.

243. ii. Papers in support of the memorial to Council of Trade and Plantations.

(1) Extract from Col. Barnwell's journal of expedition against the Apalachee, 1703-
1704, in which it is stated that Charles I gave a grant to Earl of Arundel, assigned to
Dr. Daniel Cox: in 1629 he sent Capt. Bond with 200 people but the French hindered
the settlement.

(2) Affidavit sworn before President Arthur Middleton 16 January 1727/8 at
Charleston by John Gray and William Gray. On 23 July last their trading house at
the Forks was plundered by Creek and Yamasee Indians; Mathew Smallwood was
murdered. The Indians took them to St. Augustine where they were imprisoned to
7th inst.

(3) Examination of John Pearson, mariner, taken before Benjamin Whitaker and
Richard Allein, 20 October 1727. At St. Augustine about a month ago examinant
saw several English prisoners and negroes deserted from this province.

(4) Affidavit of John Bee of Charleston, merchant, sworn before President Bull,
26 April 1738. Deponent was on Col. James Moore's expedition against the Spaniards
in 1702. The Spanish settlement of Sta. Maria, a little to the north of St. Juan's but
south of the Alatamaha, was then utterly destroyed by the English. The Spaniards
have never since had any settlement north of their lookout which is south of St.
Juan's.

(5) Affidavit of Joseph Parmenter of South Carolina, planter, sworn before Lieut.-
Govcrnor Broughton, 16 February 1736/7. About 26 years ago deponent in com-
pany with others visited the country between Charleston and St. Augustine. Since
then he has frequently been in the service of the government of South Carolina as
far as the Spanish fortress or lookout computed to be about 30 or 40 miles nearer
to Charleston than St. Augustine. He is certain that in these 26 years the Spaniards have
had no settlement north of this fortress commonly called St. Juan's. Before the
Yamasee Indians broke out in war against South Carolina, which deponent believes
was in 1715, there were some English settlements on an island called St. Catherina
at a place ever since called Paycomb's Well.

(6) Affidavit of John Ballentine of Charleston, sworn before President Bull, 26 April
1738. Deponent was employed in 1716 scouting after Indians; the Spaniards have
had no settlement to the north of their lookout on the south side of St. Juan's river
since 1716.

(7) Affidavit of Capt. Joseph Prew of Charleston, sworn before President Bull, 16
April 1738. [See No. 158. i.]

(8) Affidavit of James Howell of South Carolina, master of schooner Beaufort, sworn

243] AMERICA AND WEST INDIES 1738 105

before President Bull, 21 April 1738. [See No. 160.]

(9) Extract from letter of Col. Moore to Lords Proprietors of Carolina, 16 April
1704, describing an expedition against Apalachee by a force which he raised. The
Spaniards and their allies were defeated; this expedition has wholly disabled them to
attempt anything by land. The French have settled a colony on the river Coosa, six
days journey nearer to us than Mississippi and not above 50 miles further from
Carolina than Apalachee. They will be dangerous in both peace and war.

(10) Extract from letter of Col. Moore to Sir Nathaniel Johnson, 16 April 1704,
giving account of the taking of a town and fort called Aiaivalla and of the campaign
in Apalachee, which has now been so reduced that it can neither supply St. Augustine
with provisions nor disturb Indians living between Carolina and Apalachee.

(n) Affidavit of Mathew Beaird of South Carolina, planter, sworn 12 February
1736/7 before Lieut. -Governor Thomas Broughton. Deponent was a soldier in Col.
James Moore's expedition into the territory of the Apalachees. These Indians were
then conquered and their chief transferred his allegiance from the Spaniards to the
British.

(12) Lieut. -Governor George Clarke to C.-in-C, South Carolina; New York,
1 6 January 1757/8. Yesterday I received advice from the Indian interpreter whom I
sent to reside in the Senecas country (to keep those people steady to the interest of
H.M. and to defeat the intrigues of the French interpreter who is often there) that
the governor of Canada intends to set on foot a warlike expedition, not against the
Foxes but as the interpreter thinks against the Indians belonging to your government
and North Carolina, that the French king has sent 800 men with cannon up the
Mississippi who are to winter at Old Attowawa and are to be joined by 1,000 men
from Canada, the governor whereof has by a messenger with a belt of wampum
invited the Six Nations to assist them : this the sashims, he says, desire me to inform
you of but does not tell me what answer they gave to the governor of Canada. He
says too that the French lost there last year 200 men and one priest. He likewise
informs me that on 7 November last the Senecas brought to their castle three scalps
and one prisoner whom they intended to burn, but that he redeemed him, that the
Oneides, Caiyougos and Senecas were mostly gone out afighting, that the Caiyougos
had sent an express to the Senecas acquainting them that the governor of Penn-
sylvania had sent an Indian to Ouondago to inform them that the governors of
Virginia and Pennsylvania having endeavoured to make a lasting peace between the
Flatheads and the Cattabas and our Six Nations, they had brought the Flatheads to
accept of it but that the Cattabas absolutely refused, determining to carry on the war
against our Six Nations. I am very sorry to find the Cattabas so resolved at this time
when the Six Nations were in a pacific disposition; what the event will be I cannot
tell but possibly this may make them join the French in their expedition if it be
intended against any of those Indians. Please inform Georgia and North Carolina.

(13) Information of John Colcock, mariner, sworn 26 May 1736 before Lieut.-
Governor Thomas Broughton. I arrived in Mobile 14 April last and found most of
that colony and New Orleans amounting, with the Illinois, to near 3,000 men had
gone to war against the Chickesaws.

(14) William Drake, late commissioner of Indian Affairs, to Charles Pinckney;
Santee, 20 July 1736. We hear in the country that there is like to be some difficulty
between the two crowns of Great Britain and Spain in settling the boundaries
between us and the Spaniard, a matter which, howsoever it might be thought of
elsewhere, is in my opinion of vast importance to the British interest in America and
therefore should be well considered lest by bringing the boundary line too far to the

106 STATE PAPERS COLONIAL [243

northward we should lose those advantages which is now in our power to obtain
and which if we now omit it will be almost impossible for us ever to regain hereafter.
It is rumoured that the Alatamaha river is to be the boundary as far as the head
thereof and from thence by a west line to be struck to the South Seas, but this I hope
is only rumour. I am sure it can only be so with those who are acquainted with the
situation and importance of those countries that lie south and west of the Alatamaha
and the claim and pretensions the English have to them. By the charter of Charles II
to the lords proprietors of Carolina the latitude of 29 was fixed as the southern
boundary of Carolina which you very well know includes the Spanish settlement of
St. Augustine itself; and if you will look into Capt. Nairns's map of Carolina which
I here enclose to you (lest you should not have one by you) you will perceive it also
includes the mouths or entrances of the Apalachee, Chatahuchee and almost all the
other rivers that empty themselves into the gulf of Mexico to the eastward of the
Mississippi. Whereas should the Alatamaha be settled as a boundary we should lose
thereby at least 100 miles extent of dominion on this Atlantic sea, and what would in
process of time be of infinitely worse consequence to us we should be excluded
from the mouths of those rivers aforementioned which would effectually hinder the
settlement of the inland shores of those rivers by the English. For if the Alatamaha
must be the boundary to the head thereof and a west line to be struck from thence
to the South Sea it will certainly render those parts of the Chatahuchee River which
lie to the north of that line of no manner of consequence to us since it will be in the
power of the possessor of the mouth of that river wholly to command the navigation
of it, and you very well know that without trade and navigation no English colony
on that river could subsist or maintain themselves for any considerable time in any
tolerable degree of reputation among the native Indians. Therefore I can never
imagine there is any grounds for the report of the Alatamaha's being the boundary.
But if there is any inevitable necessity hanging over us to oblige us to submit to it,
if from the head of the most southern branch of that river instead of the line's being
run west into the South Sea it should be run due south into the gulf of Mexico it
would leave us the navigation of the Chatahuchee free and undisturbed ; but I had
much rather see the Spaniard wholly excluded from the Florida shore than that the
English should consent to give up one foot of their claim to this part of the world.
It is a policy I conceive should be steadily adhered to by the English not to give
up to any other European nation any port on this eastern sea, for should we leave
any considerable port or even an indifferent one on this shore in the hand of any
other European prince they would not only have it in their power in case of a war
with greater facility to invade us from thence, but would also in time were they so
minded distress our trade from Jamaica and the Bahamas and wholly command the
navigation through the gulf of Florida. And when they are once masters of these
seas it is easy to foresee that they will extend their views and in time make themselves
masters of the land also. It is for these reasons we should never consent to the
Spaniards' encroachments anywhere to the north or west of St. Augustine, and the
same reasons will hold good for our making ourselves masters of all the ports and
rivers in the gulf of Mexico that lie to the east of the Mississippi. But if it should be
objected that these rivers lie at present much out of the way and that the danger is
too far distant to justify the running into any considerable expense to prevent it,
let it be remembered that not a century and a half ago America itself was not ac-
counted of much consequence and the possession thereof to the European prince
was looked upon as a very trifling acquisition to their power or dominion though at
this day it is viewed in a quite different light, and though it lay long neglected it is

243] AMERICA AND WEST INDIES 1738 IOJ

now thought it would be a cheap purchase if the French King could obtain a con-
siderable port or two on the eastern sea even at the expense of a whole year's revenue
of all his dominions.

The last year I was appointed by this government as commissioner of the Indian
trade to perform an agency to the Creek nation, and during my stay among the
Creeks I took care to inform myself in the best manner I could of whatever I thought
might concern the British interest in those parts. In my journey thither I crossed
five or six rivers before I came to the nation and rode through a body of good rich
lands for near 200 miles in length, among which there was hardly any intermixture
of that that could be called bad ; and after a journey of about 400 miles from Charleston
I came to the Chatahuchee River which I have before mentioned, a place and country
by far the pleasantest I have seen in America although I have been in several other
parts beside Carolina. But the pleasantness and agreeableness of the situation is the
least part of its value, its exceeding richness and fertility of soil and its being capable
to produce every necessary of life is what makes its value inestimable. Upon this
river, which is navigable as I am informed to the Upper Creeks, live the Lower
Creek nation and from whence the Indians sometimes go down to the sea, and as I
was informed by some of the Indian chiefs who have been down the river it takes
them up a whole month to return in their canoes ; from whence I conclude that from
the Chatahuchee where I received this information it was 200 or 250 miles down to
the sea. This river, after watering a fine country, empties itself into the sea at the bay
of St. Joseph's in the gulf of Mexico as I have already observed and is in my opinion
by much the most deserving consideration of any river that falls into that gulf: not
the Mississippi itself though it leads into a far greater extent of country excepted, for
the Mississippi is (as I am informed by one Capt. Henry Isaac, an Englishman but
who had lived many years among the French on the Mississippi and who I found
among the Creeks) so very shallow and full of flats at its mouth and its stream is so
exceeding rapid that its navigation is rendered very difficult. But the Chatahuchee
river as I am told has 10 or 12 fathom water at its mouth and carries its depth a
considerable way up into the country and is adorned with several noble and beautiful
islands which it surrounds and is not now, at least was not when I was there in 1735,
possessed by any Europeans from one end of it to the other. So that there is no
obstacle to hinder us (if we were as I hope we shall be so minded) to take possession
of it.

Now some of the advantages which would accrue to the English by possessing
themselves of this river, among many others, are these. We should be immediately
in possession of a fine port and harbour in this gulf where now we have not an inch
of territory, and here such ships as would use the same would lie in a freshwater river
free from the worm which so much injures the shipping at Jamaica and the West
Indies, and here they might very easily be supplied with masts and all other naval
stores and the country would very soon abundantly supply them with all sorts of
provisions. And as in that country I was informed by the Indians they have no
hurricanes or hard gales of wind that ever blew down their trees, I would submit it
to the navigators whether it would not be by far a more safe and convenient recep-
tacle for our West India squadron than Jamaica, and whether from thence they could
not as easily protect our trade and obstruct the Spanish flota in their voyage to Old
Spain as from Jamaica. But what may hereafter prove of more consequence to us
by our possessing ourselves of this noble river and the countries adjacent is this: it
would render the French settlement at Mobile of little use to them, it would effec-
tually prevent their increase and spreading in those countries, but above all would be

108 STATE PAPERS COLONIAL [243

the best barrier we can possibly have against the encroachments of the French on
the Mississippi; and of this the French are so sensible that Capt. Isaac beforementioned
told me that whilst he was at New Orleans when the settlement of Georgia was first
begun the French were then under a good deal of concern about it, but as they did
not know particularly where the settlement was intended they concluded it must be
on the Chatahuchee river and M. Bienville, the French general, sent a vessel from
thence to the mouth of the Chatahuchee to learn the certainty of it with a design no
doubt to give what obstruction he possibly could to it.

We know by daily experience that the French are endeavouring to unite their
strength and join their hands from all their settlements from Canada and the bay of
St. Lawrence in the north through the Mississippi and the gulf of Mexico in the south,
by which means they will in time either gain all the Indians from St. Lawrence to the
Mississippi to their interest or destroy and root out all the Indians who will not
come into their interest as they are now attempting and, it is feared, with too much
probability of succeeding against the Chickesaws, from which a very possible
consequence is to be feared that in process of time they will be able to push the
English in North America into the sea unless proper stands and barriers be in time
(even now when they are to be had) made against them. Another good effect which
I apprehend would ensue from our making a strong settlement on this river would
be that in case of a war we might from thence and the settlement at Georgia with
ease dispossess the Spaniard of St. Augustine and all the point of Florida which
would prove of double service to us : first it would take away that relief which St.
Augustine sometimes affords to their Plate Fleet in their passage through the gulf
of Florida to Old Spain, consequently render his Catholic majesty less secure in his
riches ; and in the next place it would effectually prevent or save us from those depre-
dations which in case of a war and even in times of peace are too frequently made
from thence on the British subjects.

In my return from the Creek nation I lay one night at old Capt. Rawlins's on
Edisto. He seemed to me to be a man of near 70 years of age and had served formerly
as a soldier under King William of glorious memory in Flanders. In my discoursing
about my journey to the Creeks he informed me that about 30 odd years ago he lived
in that nation, and on my informing him what Isaac had acquainted me with as above
he told me he believed it was very true, and added that he was with Col. Moore in
1703 in his expedition against the Apalachecs and that he was down towards the
mouth of the Chatahuchee and that he had never before seen so rich a country as
that was excepting Flanders, and that it was a country in his opinion by all means
deserving of the attention of the English.

If it be asked what right the English have to possess themselves of this country I
answer that I am not lawyer enough to determine it. But I apprehend it is sufficient
for us that it is within the bounds and limits of the charter granted by Charles II to
the lords proprietors, and if Charles had power sufficient to grant it, which I shall
not take upon myself to judge of, surely his present majesty has right and power
sufficient to possess what his royal predecessor had before granted and which by the
late Act of Parliament hath revested in the crown. And further as the subjects of his
Britannic majesty did in open war under the command of Col. Moore in 1703 actually
conquer the Apalachees who were the ancient inhabitants of that country and as it
has never been since nor is now possessed by any other European nation, surely no
dispute can arise whether we have not by conquest, acquisition or some other way
the best right to it. But, alas, this right I am afraid will stand us in little stead unless
we exert it, and by settling a numerous colony there of English subjects take actual

245] AMERICA AND WEST INDIES 1738 IOC)

possession of that country which as a true Englishman and a hearty lover of my
country I should extremely regret seeing in the hands of any other European power,
and as the French at New Orleans have got it into their heads that we will one time
or other take possession of it, I am really afraid that if the English ministry shall not
think fit to do it soon we shall be prevented by the French being beforehand with us
therein; and from whence all those evils I have just hinted at and many more which
I have not time to enumerate will (I pray God avert it) like a torrent pour in upon us.

(15) Extract of Col. Barnwell's journals recording the grant by Louis XIV in yoth
year of his reign to M. Anthony Crozat of the trade of Louisiana for fifteen years.

(16) Affidavit sworn by Joseph Barry, gentleman, of South Carolina before Joseph
Wragg, 25 May 1738. Deponent states that the copies of letters dated 16 April 1704
from Col. James Moore to the Lords Proprietors of Carolina and to Sir Nathaniel
Johnson of same date are in the handwriting of the said Moore. Copy, certified by
J. Badenhop, C.C. 10 large pp.

243. Hi. Accounts of imports and exports of port of Charleston for 1724-1735
by commodities and for i November 1735 to i November 1737 by commodities and
ports of origin and destination. Like accounts for Winyaw and Port Royal for i
November 1736 to i November 1737. Printed. 4 pp. Endorsed, Copy of several
examinations, depositions and letters etc. in support of the representation of the
president and C.-in-C. of South Carolina to the Board of Trade in May. Together
with a large chart of that part of America. [In another hand: v. Book of maps] Trans-
mitted under the great seal of the province which was taken off per S.G. Reed, from
Mr. Fury. Reed., Read 27 July 1738. [CO. 5, $66,fos. 109-119^; copy of covering
letter and enclosures in C.O.5, 384, fos. 23-36^.]

244 James Oglethorpe to Andrew Stone. I sent over to Cowes, but the

May 25. ship from Havana was sailed. However I received the enclosed

impton. account from Isaac Foster, master of a merchantman who left Carolina

the 1 3th April. Colonel Cockran with the part of the regiment under his command was

not arrived there, unless the five ships off Augustine were those with him. The regiment

is on board and Sir Charles Wager's orders for the men-of-war to convoy the transports

are arrived, but Admiral Haddock has taken the men out of the Hector and Blandford

which are to convoy us, and I fear that will occasion a farther delay of some days till

fresh men can be got. Signed, i p. Enclosed,

244 i. Isaac Foster to James Oglethorpe, Cowes, 22 May 1738. I left South
Carolina i3th April, the 8th of which month there came an express from Port Royal,
the purport of which was that on the 6th there arrived a sloop from off the bar of
St. Augustine where lay at anchor two large ships. He likewise saw three more
nearby standing for said Augustine, he hoisting his colours but no answer. Sup-
posing them to be Spaniards, he made the best of his way to Port Royal; which has
much surprised the people in Carolina. The Seafort man-of-war and a privateer
sloop sailed in company with me, and the Rose man-of-war was to sail in two or
three days, and it was said they were going for Georgia and St. Augustine. Signed.
I p. [CO. 5, 6)4, fos. 141-143^.]

245 Governor Edward Trelawny to Council of Trade and Plantations. My
May 26. letter of 9 May with notice of my arrival went by the Prospect, Capt.

Bowers; this goes by H.M.S. Dunkirk, Capt. Fox commander, and is
to transmit to you the minutes and journal of the council of Jamaica, i September 1737
to 4 March 1737/8; the minutes of assembly, 2 February to i March 1737/8; and the laws

110 STATE PAPERS COLONIAL [246

passed in the said sessions of assembly. Signed, i p. Endorsed, Reed., Read 26 July 1738.
The box was reed. 29 July. [CO. 137, 2.2, fos. 196-197^.]

246 Same to Duke of Newcastle. [In substance same as No. 245, reporting
May 26. dispatch of papers to Council of Trade and Plantations.} Signed. 2 pp.

Endorsed, Reed. 25 July. [CO. 137, ^6, fos. ioi-ioz</.]

247 Governor William Mathew to Alured Popple. The i6th inst. I sent
May 26. you by Capt. Rickotts (not Wage) a box containing three Montserrat

and one Nevis Acts. I cannot send the duplicates of them, they not
being returned to me from those islands whither I sent them as usual after I had passed
them to be published and recorded. But I enclose a duplicate of the testimony of Capt.
Semmes being taken by the Spaniards, and I repeat my explanation of the latter part of
that affidavit. Mr. Fleming about two years ago gave me notice, I being then at Antigua,
that there was an information that one Edney (a notorious wicked wretch), who was
master of a sloop from St. Christopher's trading on the south side of Puerto Rico, had
met a Spanish sloop with a large sum of money on board, had plundered her, and then
swearing his crew to secrecy had put all the Spaniards fast in the hold, among them six
friars, and so had sunk her. This monstrous cruelty, though common enough between
Dutch and Spaniards, is thank God very seldom heard of here between the English and
them. It gave me great concern, and I dispatched orders for having this man well
secured and all evidence against him brought together and examined before the judge
of the Admiralty; and he took the evidence of one Claxton, which was pretty full. I went
down to St. Christopher's soon after and called a court for trial of pirates ; but the court
being met, it appeared the judge of the Admiralty had bound the evidence under no
recognizance to prosecute. The criminal I found upon bail, no evidence would appear
against him, etc. This trifling did not please me. I ordered the prisoner to be recom-
mitted till the evidence could be bound to appear, but I delayed bringing him again to
trial till I could get evidence against so monstrous a cruelty even from Puerto Rico. But
I now am informed he has been brought again before the court and acquitted. I am
convinced from circumstances, though positive proof is stifled, the fact is true, and that
it is not the first Edney has been guilty of. Which unfortunate, or how many, Creoles
the Spanish revenge may fall upon for this cruelty and for the treatment those cast away
on the Anegadas met with, I cannot think of but with great concern. Signed. 3 small/)/).
Endorsed, Reed. 13 July, Read 2 August 1738. Enclosed,

247. i. Affidavit of Ignatius Semmes, commander of Success of London, sworn
before Governor Mathew, Antigua, 13 May 1738. On 9 April last deponent sailed
from Antigua for Maryland. On 14 April in latitude 19 46' and i degree and 15
miles west from Antigua, he was taken by a Spanish sloop commanded by Capt.
Manoel. He and his crew were badly treated aboard the Spanish sloop, the gunner
whereof (a Dutchman) tried to get deponent and Peter Semmes, his mate, murdered.
This gunner said that he was on the Spanish pirate that took the Loyal Charles, Capt.
Way. Capt. Manoel told deponent that the governor of Puerto Rico had sent him
on this cruise and that another privateer or pirate had sailed from Puerto Rico at
the same time. On 17 April they came into Puerto Rico; deponent and crew (except
two detained by the Spaniards) were put in their longboat with little or no provisions
and water only for one pint each day. They were turned adrift eight leagues from
the Desert Island Passage and got to St. Thomas's and thence here. The Spanish
sloop had four carriage-guns, eight swivel-guns, and fifty men or more. Signed.
Deponent further states that the Spaniards declared their resolution to destroy the

249)

AMERICA AND WEST INDIES 1738

III

Creoles, for that an English sloop from St. Christopher's had plundered a Spanish
sloop and then sunk her with all her crew fast in the hold, among whom Capt.
Manoel said his brother was one. Countersigned, William Mathew. 2 pp. Endorsed, as
covering letter. [CO. 152, 23, fos. 150, 150^, 153, 153^, 155-156^,]

248 Robert Millar to Trustees for Georgia, reporting the failure of his

May 26. mission to Vera Cruz. Notwithstanding the letter and licence from

Kingston, Jamaica. ount Monti jo, he was not permitted to travel in the country but was

under surveillance the whole two months he was there. The only possibility of doing

anything is by a person fixed there in the service of the South Sea Company. Intends to

proceed to Georgia at the beginning of next year with the ipecacuana. Signed. 3 small pp.

Endorsed, Reed. 25 July 1738. [CO. 5, 64o,fos. 105-106^.]

249 Thomas Causton to Trustees for Georgia. Having on 30 March last

May 26. received your orders dated 14 December with zoo/, in sola bills as
therein mentioned, I immediately thought myself obliged to express
myself as fully to you as was consistent with the trust reposed in me. If I repeat things
I have mentioned in some of my former I hope you will judge it flows from an inclina-
tion to represent the affairs of this colony in the just light. As my integrity to you and
impartiality to the people is the basis on which all my hopes of your favours are fixed,
extreme hard and unfortunate would be my lot if I should be supposed to state anything
in a contrary manner when distance of place prevents me from clearing that which may
in any shape or by any other representations seem doubtful to you. Your order (by
your secretary) dated 7 March 1736/7 expresses your great concern that the people do
not yet think of planting. In obedience to your order in that matter I have never failed
giving necessary encouragement to those who have shown any industry in cultivating
their lands and have represented to them the immediate inconveniences and fatal con-
sequences of their employing themselves in any other manner; and notwithstanding the
obstinacy and idleness of some who will no longer be satisfied than they are fed and the
wicked arts of others whose names and practices you will be acquainted with by my
journal, I can with satisfaction and truth say that there is now an appearance that some
have resolved to pursue their interest by cultivation of land. To accomplish this (which
I may venture to call a great difficulty) I have been obliged to give credit for their
support far exceeding your limitations. But certainly so it is that the labour of clearing
and planting, the uncertainty of the seasons, the dangers of sterile crops (sometimes
occasioned by poorness of land), besides the advantages that artful men take in these
cases over weak minds, makes it necessary they should be supported; otherwise it
would be a great hazard if the most valuable part of the people did not leave the colony.
I must further add that in pursuit of this I have endeavoured at frugality by stopping
sometimes with those whom I have discovered to neglect their planting and make an ill
use of their credit. But as it is impossible for me to be at everyone's elbow, my impartial
views doubtless may have led me to credit some who have not truly deserved it. As it is
to be hoped that some of the people by degrees may be led to know that the improvement
of land is their truest interest, so by such an employ the spirit of contention may be so
far abated that those who are obstinate and will either raise disputes or listen to those
who do may become despicable. But as I have in some of my former letters fully and
justly complained of the spirit of contention I shall not in this manner trouble you with
any repetitious or fresh accounts, choosing to refer myself (just as they are) to a proper
place in my journal, not doubting but that the continued endeavours of the magistrates
in the just execution of the civil power will always be able to render ineffectual the

112 STATE PAPHRS COLONIAL [249

malicious designs of any private enemies although that lenity which they are apt to think
necessary to be shown in the infancy of a colony makes that task difficult.

Your orders further express your concern for the ill effects which great credit must
have on the people, and it would certainly add very much to their real happiness if you
would send particular orders for regulating the same and suing for debts; and as such
orders would consequently preserve them from being impoverished, so the law which
you likewise mention for regulating the watch will necessarily add to their safety. But
without these there is little prospect of their avoiding the one or that the other will be
duly maintained.

By your accountant's letter dated 23 March 1736/7 I have an extract of the contract
between you and Mr. Bradley and have since received two several copies of said contract
at large. He wholly denies to be limited according to that contract and claims that he
is to be allowed a salary of zoo/, per annum and to be paid 9o/. Carolina currency per
month as wages for each of his servants. In regard that your orders by your accountant
dated n August 1737 command that his account should be kept open, I have continued
to deliver such stores as he from time to time demanded for your use. But that I might
not be wanting in my endeavours to confine him to a proper frugality I have denied to
deliver those stores as often as he has refused to certify they were for your service. If
these deliverances of mine are not duly applied I am in hope (from your known justice)
I shall not be blamed. But I must further add that in regard to his letter to me of 3
December, copy herewith transmitted 1 , (having first consulted Col. Stephens) I did in
his presence propose to assist him as far as 2o/. sterling. This did not seem to satisfy his
desires (having demanded TOO/.) and you may observe by his account already trans-
mitted that he was afterwards assisted something exceeding my proposal, since which he
has delivered me an account of what would be necessary for himself and family and the
further cultivation of your farm for three months, copy herewith transmitted 1 , and of
which he demands a continuance till the arrival of Gen. Oglethorpe. I will not trouble
you with any further particulars having written on that head i March last and only say
you will easily observe that these expenses have also vastly exceeded your limitations.

Your orders by your accountant of 1 1 August further mention the particular limita-
tions for the expenses of the colony. But as (with submission) it was impossible such
limitations could be perfected at their first rating I have used my utmost endeavour to
avoid exceeding and hope it will not appear to be in any case unnecessarily done. As the
supplying the necessary demands of the colony in all its parts has been the immediate
business of the store under my care, time did not permit to post in a proper manner the
several issues and receipts so as to know (when Mr. Oglethorpe went) what was the
amount of the debts and credits, which being since stated, debts will appear to be owing
to several who were not then called to mind so as to be mentioned in the account made
up by Mr. Oglethorpe and me entitled necessary expenses at Savannah and places
adjacent. But hope as to the several limitations in the northern division that when you
shall receive the general account for 1736 you will order such a certain establishment as
you shall judge necessary, it being a very uneasy situation to act without it. As such
general account is now made up I shall endeavour to send it herewith. As to the southern
division you will also receive an account of what has been sent to Frederica and places
adjacent to 25 March 1738, and as I have written to Mr. White to make an inventory of
his stores to the same time that will be also transmitted when it comes to hand. Although
this letter was intended to be finished on 7 April the taking an inventory of stores and
making up the general head of account for 1736 has till this time prevented its being

1 Not found.

2491 AMERICA AND WEST INDIES 1738 1 13

sent, and I hope you will not think it an unnecessary delay because the right stating of
those accounts is the surest method I have of representing to you the reasons for the
general expense whereby you may with more certainty fix your establishment.

Lieut.-Col. Cockran arrived here 6th inst. with the Amy and the Whitaker. The
people on board the Amy were all in good health but those on board the Wbi taker have
been generally ill of fevers supposed to be occasioned by the lowness of her decks,
and some have died. Capt. Fanshaw went into Charleston and it was at first believed
he intended that all the transport ships should go in with him and that he would dis-
charge them all there. Under this apprehension, Lieut.-Col. Cockran used means to
prevent the transport ships from going there, as being a place very improper for anyone
designed for Georgia to set foot in first, besides the danger of desertion and the great
charges [that] must consequently attend their conveyance from thence to their respective
posts. And the 'Ligbtfoot not coming in for several days he thought it necessary that the
officers on board the Amy and Wkitaker should make oath of the order he gave for not
going to Charleston and of the reasons for so doing to the intent that if any representa-
tion should be made in England concerning such orders those affidavits (being trans-
mitted) might justify him. The recorder and myself went at his request to Tybee to take
those affidavits. Lieut.-Col. Cockran's apprehensions ceased by the arrival of Capt.
Fanshaw with the l^ightfoot on i3th inst. and it now appears that the signal which Capt.
Fanshaw made when he went into Charleston was for the ships to proceed to Savannah
and not to follow him. Therefore Lieut.-Col. Cockran, now finding the great care Capt.
Fanshaw took to prevent the soldiers on board the LJgbtfoot going on shore at Charleston
and his real readiness to finish his convoy in the manner H.M.'s service requires, does
not think it proper to transmit those affidavits himself but will submit the matter to the
general on his arrival. The people on board the 'Lightfoot are all in good health. I im-
mediately hired all the pettiaugoes I could get and have made all possible discharge for
the ships. As there are but few conveniences at the southward for the reception of the
stores, they are for the most part landed here. Capt. Gascoigne arrived at Tybee the
[blank in MS], The Amy and the Whitaker are wholly delivered and Capt. Mackay with
five pettiaugoes sailed 24th inst. for St. Andrew's with about 150 passengers. The
remainder of the people and stores will go on board the Lightfoot and a small brigantine
lately arrived here from New York, and proceed for Frederica under convoy of Capt.
Gascoigne. As soon as the pettiaugoes return I shall transmit an account of the extra-
ordinary charges on this head. Rev. Mr. Whitefield with the several people (except Mr.
Tolly) mentioned in your orders of 6 January arrived safe at Savannah. Mr. Whitefield
having been very ill in the passage has had a relapse but is now much recovered. As this
place is without a minister and as Mr. Horton informed him there is no convenient
habitation for him or place of worship now standing at Frederica, he chooses to tarry
here till proper conveniences may be made there.

I have also your several orders of 1 1 January and 17 February in obedience to which
I shall not certify any more accounts whatever. Those already certified will inform you
in a great measure what debts are for the most part due to the several people concerned
on account of the colony, but it will be impossible to give a particular account of the
whole debts or credits till the account for 1737 (now making up) is likewise gone
through. I hope that when you have seen these accounts and considered the issues
thereon, you will not [find] many things unnecessarily done or that the confusion
created by making expenses before the arrival of sola bills to defray them is culpable,
because (with great submission) it is unavoidable till an establishment can be fixed.
Signed. 5 pp. Endorsed, Reed. 15 July 1738. [CO. 5, 640, fos. 107-1 icW.]

8 xi.iv

114 STATE PAPERS COLONIAL [250

250 Order of Committee of Council for Plantation Affairs directing that
May 27. the following be sent to Council of Trade and Plantations for insertion

of an article in the instructions now being prepared for Col. Horsey
requiring him to take care that H.M.'s former instruction relating to the laying out of
lands around Purrysburgh be put into execution. Signed, James Vernon. Seal. i\ pp.
Endorsed, Reed. 31 May, Read 7 June 1738. Enclosed,

250. i. Petition of Charles Purry, son and heir of Col. John Peter Purry, deceased,
to the King; 18 May 1738. In 1724 Col. Purry agreed with the lords proprietors for
the peopling of South Carolina with Protestants but failed through want of money.
He made a new agreement in 1730, and by an Act of assembly of that province was
promised a reward of 4oo/. sterling for bringing over i oo effective men. The site of
Purrysburgh was selected and the governor issued a proclamation that no person
should be allowed to take up lands within six miles of the place. Col. Purry was
further granted 48,000 acres on condition of importing 600 Swiss within six years,
the land to be contiguous to that set apart for the town. Col. Purry performed his
part but, notwithstanding the proclamation to the contrary, several persons in 1732
caused lands to be surveyed within six miles of the town to the great discouragement
of Col. Purry and the Swiss. Notwithstanding H.M.'s instruction to the governor
of 13 February 1734/5 that these lands should be for the use of the Swiss and for
Col. Purry's grant, ill-designing people have surveyed for their own use those very
lands which should have been surveyed for the Swiss; whereby many have perished
and more been forced to disperse. Petitioner prays an instruction to the governor
that the former instruction be fulfilled. Copy. *>\pp. [CO. 5, $66,fos. 74-77^.]

251 Same, referring the following to Council of Trade and Plantations for
May 27. examination and report. Signed, James Vernon. Seal, i p. Endorsed,

Reed. 31 May, Read 9 June 1738. Enclosed,

251. i. Petition of David Dunbar to the King. After service in Spain, petitioner
was appointed lieut.-governor of New Hampshire and surveyor-general of H.M.'s
woods in North America in 1727. At his own expense he established settlements and
founded townships upon lands then regarded as the western parts of Nova Scotia.
The colony of Massachusetts obtained the government of this settlement in 1732.
Petitioner has received no satisfaction for his disbursements and since his arrival in
London has been sued and confined for the 'debts contracted in connexion with
the settlement. He prays for consideration. Copy. *>\pp-

251. ii. Account of disbursement of David Dunbar in connexion with the settle-
ments mentioned in preceding, including building of stone fort and barracks for
100 men. Total, 40747. \p.

251. iii. 20 August 1737. Certificate by Thomas Durell, then commander of
H.M.S. Scarborough, that in 1734 he put into Johns River and saw Frederick's Fort
and some of the townships. Great improvements had been made. Copy. \ p. [C.O. 5 ,
880, fos. 275-280^.]

252 Same, referring the following to Council of Trade and Plantations.

May 27. Signed, James Vernon. Seal. %p. Endorsed, Reed., Read 30 May 1738.
Whitehall. Enclosedy

252. i. Petition of John Cartwright to the King in behalf of himself and several
others. The vast quantities of uncultivated lands in South Carolina, particularly
between Santee and Watree rivers, could be rendered advantageous to this kingdom
in the production of hemp, pitch, tar and other naval stores, with which English

AMERICA AND WEST INDIES 1738 115

merchants are now supplied from the Baltic at an expense of near 2 5 o,ooo/. a year
paid in ready money; but if those commodities could be furnished from our own
colonies they would be paid for by the manufacture of Great Britain. The petitioner
and his associates are willing to settle 200,000 acres, if granted to them in sixteen
different tracts between Santee and Watree rivers. They will settle 400 Protestants in
ten years and more as they find encouragement. It is intended to contract with
persons from foreign parts whence hemp and naval stores are now imported. A great
many servants and slaves will be necessary more than the 400 settlers. The lands are
at a great distance from the seat of government and will be a kind of barrier to the
inner parts of the colony. Petitioner hopes for exemption from quit-rents for ten
years and prays for orders to the governor and surveyor of South Carolina that the
lands be laid out at no greater fees than what has been taken in running out town-
ships in that province. Copy. 2 pp. [C.O. 5, $66,fos. 58-60^.]

253 Same, referring the following to Council of Trade and Plantations for

May 27. report. Signed, James Vernon. Seal. \ p. Endorsed, Reed., Read 30 May
1738. Enclosed,

253. i. Memorial of Henry McCulloh to the King, (i) The revenues of the
colonies in America could be increased if they were put under proper regulation.
The Council of Trade and Plantations have not hitherto fully succeeded because they
have not been properly advised of the true state of the colonies and because of the
great dependence the governors have upon the people. (2) This is visible in the case
of the quit-rents payable to the crown in North and South Carolina, Virginia and
New York. (3) Until 1718 in South Carolina and until 1724 in North Carolina the
Proprietors empowered their governors to grant lands under certain conditions ; but
the general practice was to dispose of the lands by purchase reserving only small
quit-rents. The Proprietors' officers' salaries being paid from these sales and their
allowance being as they thought too small, they for the most part issued patents
without regard to the original instructions and shared the money arising amongst
themselves. (4) The Proprietors closed the land offices in 1718 and 1724 respectively,
which was a prohibition upon grants without their order. But the governors and
council issued patents for large quantities without surveys or plots returned. The
Proprietors' surveyor remaining for some time after H.M.'s purchase as surveyor of
South Carolina surveyed 36,581 acres and his deputy afterwards run out 45,843 acres,
lands of the best quality and subject only to trifling quit-rents.

(5) In 1730 there was a land tax in South Carolina; the land returned as possessed
appears to have amounted to 1,453,875 acres which at \^d. sterling per 100 acres the
quit-rents thereon make up 9o8/. \is. 6d. proclamation money. (6) In 1731 when the
quit-rent law passed, persons holding patents from the Proprietors and having no
surveys were admitted to have warrants for surveys. But no warrant issued till
H.M.'s pleasure should be known, and the law was not approved of. Provisional
surveys were, however, made. (7) From 1731-1735 vast quantities of land were
granted under H.M.'s 42nd instruction to the governor. The intention of the instruc-
tions to settle people was evaded. (8) Warrants were obtained by some and the land
then conveyed to others; they have jobbed the land in such a way that it is scarce
possible to come at the right owner of them. (9) The governor and council have
granted large tracts of land to themselves and their friends under various pretences.
(10) There appears to have been 750,406 acres granted between 1731 and 1735 which
at 4/. proclamation money per 100 acres would amount to 15007. i6j. (n) From
Governor Johnson's death till last May warrants were issued for above 900,000 acres

Il6 STATE PAPERS COLONIAL [253

which at 43. proclamation money per 100 acres would amount to i,8oo/. The
warrants issued for the townships are expressed in a different manner from the others
and the whole quantity run out on that account amounts to 1,595,000 acres. (12) In
North Carolina there were greater frauds by the officers of the Proprietors than in
the South, particularly from 1726 to 1730. If the disputes there were properly
settled the quit-rents would amount to at least i,25o/. proclamation money p. a. more
than at present.

(13) In Virginia few frauds seem to have been committed till 1721. Two new
counties were then erected, Brunswick and Spotsylvania. Grants of large tracts of
land there were made conformable to powers the governor did not then possess.
In 1723 the governor was empowered to grant land in those new counties free of
quit-rents for seven years from 1721 with dispensation from payment of purchase
money of 5.r. sterling for every 50 acres in lieu of former rights in that colony; but
at the same time the governor was ordered not to grant more than i ,000 acres of land
to one person in their own or other name. But grants passed in 1721 and not settled
according to their tenours in 1728 (the time the quit-rents became due) the possessors
got some of their friends to petition for them as lapsed lands which was granted by
the governor free of quit-rents for three years; when that time expired another
friend acted for them in the same manner; and so they have continued to this time.

(14) It is computed that in this manner there is above 1,400,000 acres of land granted,
the quit- rents of which at zs. per 100 acres would amount to i,4oo/. sterling p. a.

(15) The present governor has done many commendable things particularly in
putting their current bills on a good foot. His doing wrong in granting lands is very
much owing to his being under a necessity to oblige the principal men in the colony
on whom he depends for support. (16) In New York the governor and council have
used very little ceremony in the fraudulent method of granting lands ; some private
persons there claim almost whole counties, subject to trifling quit-rents, though many
of them by their patents ought not to possess more than 20 or 30,000 acres. The only
pretence they have for procuring these grants originally was either public services or
purchase from the Indians. If the quit-rents were properly settled there, they would
amount to at least 3,5oo/. p.a. more than at present.

The crown is thus defrauded in those several colonies above 8,ooo/. p.a. in quit-
rents and by the precarious titles of the lands strangers are prevented from settling.
In other ways the credit of the colonies is lessened: properly regulated they could
increase our trade by 2oo,ooo/. p.a. The means of bringing these matters to a right
footing, and which is much easier now than hereafter, seems only possible to be
effected by the appointment of a person proper qualified to act as inspector and
comptroller-general and who with regard to the northern provinces may settle those
matters in four or five years having proper powers and particularly the following:
the governor of each province to order the secretary and surveyor-general to lay
their accounts before the inspector by which he may judge what grants are made out
conformable to the warrants issued and what warrants remain without any return,
and the secretary to give an account by what rights the warrants were originally
issued; persons who have had warrants and not taken out grants to be summoned to
show why, such as are willing to take out grants subject to the quit-rents of 4^.
proclamation money per 100 acres to be at liberty to do so provided they pay the
quit-rents from the expiry of one year after the date of their warrants, otherwise the
warrants to be void; the inspector to be empowered to give notice to all persons
having grants for land not settled or that have not paid quit-rents for the same that
they should give reasons for not having acted comformablc to the tenour of their

253] AMERICA AND WEST INDIES 1738 Iiy

grants, which replies are to be transmitted home, but the inspector not to have
power to vacate the grant till H.M.'s pleasure is known; persons having warrants
and have not taken grants or such as have not settled their lands and paid quit-rents
who refuse to comply with H.M.'s order enquiring why they keep the lands, the
inspector should be empowered to order the attorney-general to prosecute them and
make them show cause.

The inspector will be able to make a rent roll : till that is done it will be impossible
to settle the disputes depending in the colonies or to establish a quit-rent law on a
proper foot. Many of the frauds proceed from the irregularity of the offices. When
the councillors issue warrants for lands they are generally parties concerned; the
secretary has no check upon him and may let warrants lie over seven years before
they are given to the surveyor, and after the survey is made it often lies many years
in the surveyor's office, the warrants not being returnable in any limited time. To
remedy this, it is proposed that the governor may be ordered not to grant lands but
when five councillors are present and that none of those five shall have any concern
in the lands petitioned for, that the governor shall order the petitioner to prove his
rights before the auditor, that upon a certificate from the auditor the warrant shall
be made out by the secretary and delivered to the surveyor returnable in twelve
months from the date, that when the grants are made out by the secretary they shall
be audited and entered in the auditor's office, that the receiver-general may be always
admitted to take copies from the auditor's office and that in the return of his accounts
he should give the particulars of the quit-rents received in each precinct and from
whom; if this method is followed and the deputy auditor return home copies of books
to the auditor-general, it will be easy to see what they are doing.

There is another matter deserving the consideration of the crown. The people
in all these colonies and particularly in South Carolina have been so far from en-
deavouring to support the credit of their current bills that they have committed
great abuses in often depreciating their currency with the view of discharging their
debts more easily to merchants in England. This at first they had an opportunity of
doing but afterwards the merchants took care to advance their goods upon them in
proportion so that in the end the planters were not great gainers by it. Yet it dis-
courages many from trading there. What could answer this end in South Carolina
(and with little variation in all the other colonies) would be to allow them to issue
bills for 2io,ooo/. that currency, i io,ooo/. of which must be applied for the discharge
of their present bills of currency and the other ioo,ooo/. to be lent out on land
security at 6 per cent, interest. As much of the public revenues should be mortgaged
as will make good the fund of i io,ooo/.; the interest arising should be paid into the
managers who should be empowered to lend two-thirds of the money at 6 per cent,
interest to poor persons coming to settle in the province. [Further particulars given .]

Though the lands of Pennsylvania are not so good as in Carolina and the quit-
rents are 4*. id. sterling per 100 acres and they are also obliged to pay Mr. Penn a
premium for the lands, yet the advantage they have in borrowing money from the
loan office that is erected in that colony encourages foreigners to settle there so that
since 1729 they have had above 2,300 persons transported to settle there.

Another thing that wants considering is regulating the cask into which they put
pitch and tar and also the quality of those goods. Planters have for the most part
brought them to market without being merchantable and have tendered them as
money. The quantity imported into this kingdom is about 90,000 barrels p.a. which
does not sell at above 4^. per barrel, but if the quality was good they would produce
14 or 15-r. per barrel. Proper officers should be appointed in each precinct to mark

Il8 STATE PAPliRS COLONIAL [254

the cask and examine the quality and to be liable to pay treble the value of any marked
that were not merchantable. 17 pp. [C.O. 323, io,fos. 121-131^.]

254 Royal commission to Lieut. -Col. Robert Carpenter to be lieut.-

May 27 .^ governor of Montserrat in the room of William Forbes, deceased.
St. James's.

255 William Stephens to Trustees for Georgia. My last was of 1 5th ult. to

May 27. Mr. Verelst, enclosing copy of journal i March-i5 April. That letter
was committed to Capt. McKenzie, master of the Baltic Merchant bound
for Cowes ; but the ship when full laden struck on the bar going out of Charleston and
the cargo was in danger of being all spoiled as also the ship in great hazard of being lost,
so that what letters were in her for England I am since informed were put on a small
vessel bound for Poole. My duty and promise call upon me to transmit you some
further state of the several settlements in this province ; but the late posture of affairs
here for a pretty while past would not admit of anyone's stirring far from home without
incurring the imputation of skulking out of harm's way, which character I should be
very unwilling to have stick upon me but would rather appear among the most forward
in withstanding any attempt that might be made against us. And it is justice due to the
people in general to say of them that I observed a firm disposition to behave themselves
like men in case of being invaded, few, very few (I wish I could say not one) slipping
aside at the time when we had most reason to be upon our guard and when we really
expected an attack. Whether our apprehensions were well-founded or not is yet unknown
to us, but when our neighbours of Carolina were so far alarmed it was but reasonable for
Georgia to look about them. All these doubts were perfectly at an end on the appearance
of Col. Cochran, see my journal.

All party strife seems at present to be asleep and everybody quietly following their
own business, which possibly might with no great difficulty be accounted for by looking
back into the conduct of a few whom I would rather choose to say no more of since
probably we shall not again have occasion hereafter to look on them as capable of
playing the same game over twice and imposing on the common understanding of their
neighbours who otherwise would prefer peace to contention. And were it not for one
cursed evil which is got among us and which all the endeavours of the magistrates have
not yet been able to root out (I mean that scandalous practice of selling rum in private
houses) I verily think we might expect such a reformation among these people as would
be well pleasing to the Trustees and entitle them to be looked on as favourably as ever.
Surely this is not so incurable but that we may hope to see it effected when we are so
happy to find the general here who will not be defeated easily in so good a purpose. To
speak my mind freely I am firmly persuaded in myself that the wellbeing or utter ruin
of this town depends upon it. These are the nurseries of all villainy where servants are
debauched and defraud their masters of anything they can lay their hands on to purchase
such spirits.

Notwithstanding this proneness to idle courses among the lowest rank of people
(which I will not despair but may be remedied) here have not been wanting this year a
good number of industrious men who have applied themselves to their proper work
whether as artificers and handicrafts or in cultivating their lots and planting them in
such sort that I may venture to affirm they have far exceeded anything hitherto done or
what I once feared I had little room to expect : which is an indication they are not so
averse of themselves to that work as they are subject to be misguided by some few
whom I have divers times taken notice of before, that having thrown up their plantations

254] AMERICA AND WEST INDIES 1738 119

made it their business to discourage everybody else. It has been no small part of my
endeavours here to obviate that dangerous doctrine and to persuade such as were luke-
warm about planting that the only way to preserve your good opinion was by going
heartily about it, that it was the very foundation whereon the colony was to stand, and
he that expected to raise himself on any other would mistake in his aim. I have a little
vanity to think that all was not lost which I said on that occasion frequently, and when
they found me in earnest persuading them to do no otherwise than what they saw me
do myself with five or six hands (for at a medium I have not had more by reason of
sickness among them) cleared 1 5 acres of strong timber land in few months and planted
it, I conceive example was not the weakest argument. It is my full purpose to lay before
you very soon a particular account of the number of acres planted and by whom, and if
in time coming the inhabitants of this town and neighbourhood go on pari passn with
what they have done I make no doubt but they will be able to support themselves. The
two settlements of Ebenezer and Darien ought indeed to take place of all others in the
list of deserts, for they seem already to be near out of leading strings and want but little
to stand alone. N.B. No rum to be had yet in either of those places, but the people live
soberly under the influence of their ministers, the first Lutheran, the latter Calvinist. It
is much to be wished the inhabitants of Savannah could equally lay claim to a com-
mendation for regular living ; but as they are a mixture of various people bred up in
different modes of religion it can hardly be expected (I doubt) to find uniformity among
them either in doctrine or faith immediately. Nevertheless it may be hoped in time to
see Protestant dissenters here in this town in communion with our church. But it cannot
without shame be said that the Jews who live among us are not in appearances greater
infidels than some are in practice who pass for Christians in name but scarce ever join
in any religious worship; and these are not of the lowest rank of people but by outward
show would appear inferior to none, and out of this class most of our politicians have
sprung up who think themselves qualified to reform what they conceive is amiss in
Georgia. But monkeys in climbing will always discover something not fit to name.

Mr. Whitefield's appearance among us at this juncture was matter of comfort to
many well meaning people and the qualifications he comes with (which he has already
discovered) if he continues to exemplify them, as I make no doubt of, must endear him
to all good men. Far be it from me to make any uncharitable reflections on his pre-
decessor, who was a man of unquestionable abilities to perform the ministry committed
to his charge and I never observed any due respect wanting towards him from the
generality of the people till that unhappy breach between him and Mr. Causton's family
which grew to such height that great part of his hearers fell off and forsook the church,
so shamefully had party pique transported them. Mr. Williamson is going now for
England (as he tells us) who together with his wife gave the first rise to this sad division,
which increased so as at length to become a case before the grand jury that consisted of
more than forty men who thought it worth their cognizance, and they took upon them
to censure Mr. Wesley's conduct in divers instances, the consequences whereof I need
not name, much less shall I presume to offer any opinion of my own in it; knowing the
whole affair on each side has been long since laid before you who are the sole and proper
judges. Mr. Delamotte I understand is going home also who undoubtedly merits this
commendation, that he has been truly assiduous in keeping the school and instructing
a good number of children in their catechism, so that it must have been a great mis-
fortune on this place to have lost him had you not been so good to find another to
supply his room. I have been desirous to inform myself, pursuant to my instructions,
concerning the births, deaths etc. of the inhabitants, but Mr. Wesley's going off so
suddenly and unexpected by me in a short time after my coming deprived me of that

120 STATE PAPERS COLONIAL [256

knowledge, he having taken that register with him, as I am told by the clerk whom I
have bespoke to take an account of those things for me henceforward.

It is with pleasure I can acquaint you that the encouragement given to a potter for
carrying on that manufacture was not ill bestowed, for it is very apparent the bounty
was rightly applied: the building, a convenient dwelling-house with a large kiln in a
room annexed together with two other large rooms, one for a workhouse and the other
for a storeroom, all in one compact building, well-contrived, handsomely finished, and
very well accommodated for carrying on the work, sufficiently show it. The master of
it is a sober, diligent and modest man. He has baked off two kilns of handsome ware of
various kinds of pots, pans, bowls, cups and jugs, fit for many uses, and though it was
a large quantity they are found so convenient that he does not want customers to take
them off his hands at a reasonable price. This, however, he seems to set no value on in
comparison of what may be expected. His next aim is to do something very curious
which may turn to good account for transporting, and he is making some trial of other
kinds of fine clay, a small teacup of which he showed me, when held against the light,
was very near transparent. Indeed from what I have seen in the progress of that work
I must conclude it cannot fail of proving a manufacture that will find good value abroad,
or I am very much deceived. Your silk manufacture most certainly from good experience
w T ill also come to perfection in a little more time. But this unkind March which cut off
our early mulberry leaves proved not a small baulk to it, as I wrote you before. Our
neighbours of Carolina are so far convinced of the utility of that manufacture and the
reasonableness of expecting success in it that they discover a great desire not to be
behindhand with us, for my correspondent at Charleston writes me that their assembly
have settled a salary of i oof. per annum sterling for seven years upon a Piedmontese and
his wife who are to teach them the manufacture of silk in all its branches, and they are
to take several apprentices.

In frequent conversation with Col. Cochran, among other things talked of that
seemed to be conducive to the good of this colony, it was imagined that if the Trustees
thought it expedient to send out two ships in a year for this port, freighted on their own
account, whether with meat from Ireland or any other loading they thought proper,
one of which to arrive here at the latter end of the year, any person in England corres-
ponding here either with the civil or military part of this province would find great
convenience in sending such goods of all kinds as were called for and needful, paying
freight for all goods so sent in abatement of the charge of the first freighters, and such
ship arriving here in the months of November or December would be certain of freight
home again from Carolina with rice etc. Whereas now whatever conies for this province
by the way of Charleston comes at an exceeding dear rate and costs at least half as much
to bring it thence as the first expense of freight thither. This has been so often the
subject of our discourse and the oftener talked of the more approved among us that
Col. Cochran engaged me to represent it to you. Signed. 5 small pp. Endorsed^ Reed.
15 July 1738. [CO. 5, 640, fos. ui-114*/.]

256 William Stephens to Harman Verelst. I wrote you ijth ult. Your

May 27. favour of 1 7 February last came to my hands about ten days since.

How long it had lain at Charleston is not known, letters often taking

near half as long time in their passage thence as from England. It was short and sweet :

the good news it brought was fulfilled in part by the arrival of Col. Cochran before it

and we are next in daily expectation of your general with the remainder of the regiment.

What you enclosed from my very good friend at Whitehall gave me further pleasure;

where he was pleased to signify to rne the confirmation of what was so long wished for

256] AMERICA AND WEST INDIES 1738 121

by all who have a just esteem for him. But (if I guess right) the necessary consequences
before he can be dispatched through the several offices must take yet a little more time
and leave his friends here in a farther expectation when to see him in America. I give
you the trouble of the enclosed most heartily to congratulate him thereon, but if I
should happily be mistaken in my calculation of time and he outstrips all remoras so as
to be nearer us than we look for, I hope it may be accepted by his good family as a
testimony of that sincere respect I owe them all. By a gentleman who came here lately
from Charleston I was informed there was a packet left by the captain of a ship newly
arrived with Mr. Godine, directed to me and said to come from Col. Horsey. But as I
have yet no other tidings of it I wait with some impatience to know farther. After so
many months passed over, wherein I frequently took occasion to lay such observations
before the Trustees as I conceived were to be expected from me, I begin now to entertain
some expectance of being informed whether they met with approbation or censure.
For, as I am advised, so I ought to conduct myself in all things whereby I might render
my service acceptable to them and the more agreeable to myself. Their orders you sent
me a good while ago, recommending it to the inhabitants to commit what letters they
sent for England to my care for a safe conveyance, I gave public notice of both here and
the south. But it has never produced more than one dirty one, which is enclosed, I
know not from whom; and I heard it had been said by some of our wiseheads that it
looked as if the Trustees had a mind to get all letters into their own hands, so jealous
are some folk lest their dark work should come to light.

I would ask your leave just to touch again upon a few more of my mischances about
servants as I have used that liberty with you from the beginning. My two first women
servants (you have heard) proved errant whores, and one that I got since to do the
necessary offices of the house, being a man's wife whom her husband was willing I
should employ at monthly wages for a while, soon proved so forward with child that
I had little time more than enough to send her home again before she wanted a midwife.
So that at present I am perfectly destitute of such help. But I shall try again what may
be done if any means can be found. My menservants have never yet been all well
together but generally two or three or more sick at a time, so that the doctor has scarcely
one day missed occasion for a long while to exercise his faculty upon them, and a few
days since one of them died who happened to be the same I wrote you I had swapped
with the Trustees, giving you my reason for it then, but it happened I was bit, the fellow
proving of a rotten constitution, otherwise a good servant; and if out of ten I could say
half of them were such I should think myself much at a par with my neighbours. For
generally they are a vile crew (as you can easily imagine who know from whence they
spring) and it is odds whether laziness be what their masters find the worst fault they
are guilty of, though that is bad enough when their work will not pay for their food
and clothing. That fellow Anthony Binks, who came recommended from a lady at
Kensington, for a while put on the show of one who meant to do well and I made him
(in the main) a domestic servant, but a little exercise sometimes in the field was requisite
and I expected both of us should have been pleased. This fellow, notwithstanding he
was so distinguished that I often put confidence in him to deliver out provisions to his
fellow-servants, could not hold it longer but turned out to be an egregious sot and then
(no wonder) a downright villain ; for after he had suffered himself to be seduced by a
pack of rascals and learnt in private to drink rum, which the town is poisoned with, it
is not hard to conceive that my stores went to pay for it and he was got that length as
to be seen drunk by me before breakfastime, making no value of all the admonitions I
gave him insomuch that there was a necessity of my taking some other course with him
if he persisted, which he beginning to be apprehensive of from a consciousness of his

122 STATE PAPERS COLONIAL [257

own want of power to reform, the next thing he attempted was to run away and leave
me, see journal of 4th inst. After his being intercepted he lay a while in prison, and
upon Mr. Horton's coming hither lately to wait on his lieut.-colonel, I advised with him
and he took him with him to Frederica where proper employment will be found for
him in digging and wheeling at the public works carrying on at that fort, and where I
am promised his labour shall not be spared so that he may learn not to be idle or drunken.
Two of my Highlanders out of three that I had prove pretty well, and if I reckon two
more to add to them out of all the rest it is as far as I can venture to say at present ;
which (leaving that rascal out of the list) brings it to about half, as I said above. Signed.
P.S. Col. Cochran tells me he has a great many plants of trees and vines coming from
England and that the quartermaster, Mr. Wanset, who was some years about Bordeaux
and understands the nature of a vineyard perfectly well, designs planting this season, if
a ship comes directly for this place before Christmas, a vineyard of 4,000 plants, a thing
which might be of great advantage to the colony. 2^ pp. indorsed, Reed. 15 July.
[CO. 5, 640, fos. 115-116^.]

257 William Williamson to Trustees for Georgia. I received a letter from

May 28. Mr. Verelst dated 1 4 December last wherein he acquaints me that you
have ordered a copy of my letter to you dated 9 September last and
of my wife's affidavit therein enclosed to be sent to Mr. John Wesley for his answer
thereto, that my complaint and his answer might be considered of at the same time. He
further acquaints me that it was very wrong in me to order the presentments of the
grand jury and my wife's affidavit to be printed, adding that it was taking a remedy and
appealing to the world at the same time that I was applying to the Trustees of the colony
to consider my case. He further adds if I should have any further complaint against
Mr. Wesley or anyone else that I am desired to let the party complained against have a
copy of such complaint that they may at the same time send their defence, for that you
cannot determine on hearing one side. I did not intend to trouble you any further about
Mr. Wesley who, after having sufficiently exposed himself in these parts by his notorious
behaviour, run away from hence in the beginning of December last, after having refused
to comply with an indulgent demand of the magistrates, which was to enter into a
recognizance by himself only to appear at the court of Savannah when required to
answer the presentments of the grand jury, and after a public order of said magistrates
that he should not depart the colony till he had so done. Col. Stephens tells me he has
long since acquainted you very fully with all particulars of Mr. Wesley's behaviour in
my affairs, therefore I shall not take up any more of your time in so worthless a subject;
but must beg leave to answer some particulars of Mr. Verelst's letter from which I am
apprehensive you have not received my complaint in so kind a manner as I presumed to
hope and that you are not so well acquainted with my character and behaviour in these
parts as I could wish.

As to the order on my complaint I could not expect you would proceed any further
than the same inasmuch as I was and still am very sensible how difficult it must be for
anyone (who was not an eye-witness to the facts) to believe that so upright a man as
Mr. Wesley has always endeavoured to show himself (or rather pretended to be) should
be guilty of so much premeditated wickedness as I represented. I hope you will not
continue in your opinion that it was wrong in me to order the presentments of the grand
jury and my wife's affidavit to be printed when I acquaint you that my name and charac-
ter was first exposed all over Carolina and in some parts of New England, after which
I humbly conceive I had a just reason to take that remedy and a right thereto, though
by the artifices of Mr. Wesley I never could procure them to be printed. But further

258] AMERICA AND WEST INDIES 1738 123

on this head, since my arrival in this province I have always showed myself zealous
as well to promote the interest thereof as to defend the honour and justice of the ad-
ministration of affairs in it. For this reason as well as for my own private account
I thought it necessary to print said presentments, and the magistrates well know I often
told them that it might very well be presumed from Mr. Wesley's behaviour that he
would stick at nothing to scandalize them and their proceedings and to lessen the honour
of the Trustees ; wherefor I looked upon printing said presentments as a public service,
not doubting but Mr. Wesley would falsify them, which you will perceive was after-
wards done by a paragraph in the Charleston news in the enclosed Carolina Gazette 1 . As
to that part of this news which relates to Watson, at Mr. Causton's instance and by his
approbation I held a correspondence with the printer at Charleston in order to print any
occurrences here that might be beneficial to or tend to clear up any former misrep-
resentations of the colony : accordingly among others I sent that paragraph relating to
said Watson which is a truth too publicly known here for any inhabitant to be ignorant
of, yet I am well informed and assured that Mr. Wesley asserted it to be a falsity and also
procured the recantation as well as the other paragraph relating to the presentments etc.
to be printed.

As to any papers to which my complaint refers, Mr. Wesley had sufficient knowledge
of every particular and what proceedings were had here in regard to 'the party com-
plained against having a copy of the complaint'. You will be fully acquainted with them
by Mr. Causton's journals at whose instance, in regard he urged to me the public peace
and good, I agreed to the several propositions of accommodation which he made to
Mr. Wesley whose guilt you will perceive not only furnished him with the evasive
answers he made to such propositions but also spurred him on to illtreat his best friend
(Mr. Causton) in the manner he since hath done. No doubt you well know that had
such an unjust action been done by any clergyman in England (though of superior
dignity to Mr. Wesley) the course of law could not have been stopped but must have
been free and open against him. At the same time I hope you will not think I complain
of the indulgence of the law here, which on the contrary I look upon as a great happiness
to the colony. But I mention this in regard Mr. Verelst's letter seems to hint that you
are not well pleased with my conduct in this affair, when it is well known I suffered
myself to be daily illtreated by Mr. Wesley and did not use him in the manner he deserved
for no other reason than because Mr. Causton told me such conduct would be dis-
pleasing to you and a hurt to the public peace which at that time and on that very affair
many ill designing persons were too much inclinable to break. Otherwise I never had
troubled you with a complaint on that head. But should I ever have any further com-
plaint to send to you I shall always endeavour to act in it with as much regard to the
public good and with as much justice and truth as I have done in this against Mr. Wesley.
Finally, I must presume to hope you will consider the cruel injustice of repelling a
person from the Lord's Table who comes there with a pure zeal and unfeigned sincerity.
It is an action of too black a nature to be lightly treated and can admit of no construction
in favour of the doer who, though he were punished in the most severe manner the law
requires, can never restore to the injured the peace of mind he has taken away. Signed.
i\pp- Endorsed, Reed. 15 July 1738. [C.O. 5, 640, fos. 1 19-120^.]

258 Thomas Causton to Harman Verelst, enclosing copies of journal from

May 28. 24 May to 24 July with the several papers referred to, for presentation

Savannah. tQ ^ Trustees, and other letters for forwarding. The clerks could not

Wot found.

124 STATE PAPERS COLONIAL [259

finish the general heads of accounts so as to be sent by this opportunity, but will be
forwarded as soon as possible. Signed, i small/). Endorsed, Reed. 15 July 1738. [C.O. 5,
640, fos. 1 1 7- 1 1 %d.}

259 James Abercromby to Thomas Hill. At their lordships' desire, I have
May 30. examined the journals of South Carolina anent our boundary affair and

find many applications by us on that head but particularly in January
1735/6 I find the governor and council recommended our account to the assembly. In
March thereafter I find a memorial from Mr. Skene and myself praying 88 1/. I4J-. ^d.
Carolina money for expenses, and in consequence thereof the governor gave us an order
for 47 1/. 5-r. currency; 3257. 15^. more was to be paid us out of the contingency money
for next year, but the assembly granted no money for contingencies so that was not paid.
In March 1736 I find an application from the governor and council desiring the lower
house of assembly would allow us a guinea a day for the 54 days of service, which the
lower house would not agree to. The journals of 1737 have not yet been transmitted
but I lay before their lordships copy of a memorial presented by Mr. Skene to the
governor and assembly in March 1737/8 as also copy of a paragraph in Mr. Skene's
letter to me, by which it appears that our expenses and salary together amounted to
1,892/6^. 9*/. Carolina currency, out- of which 474/. 5-r. has been paid; so that there
remains due i,4i8/. Carolina money or 202/ izs. sterling. I submit the expenses of the
several applications for this sum to their lordships. Signed. i\pp- Endorsed, Reed., Read
50 May 1738. Enclosed,

259. i. Paragraph in letter from Alexander Skene to James Abercromby;
Carolina, 21 March 1736/7. Copies of our journal and of the memorial laid here
transmitted. The governor and council thought the memorial most reasonable, but
the majority of the assembly said it ought to be paid out of the quit-rents. Unless
you can get redress at home, we shall sit down fine losers. Copy. \ p.

259. ii. Memorial of Alexander Skene for himself and James Abercromby to
Governor and Council of South Carolina, requesting payment of salary and expenses
in running the boundary out of the ensuing tax or the overplus of what the land tax
brought in, very large quantities of land having been given and paid for by means
of the boundary line being settled as far as it now is. Copy, i p. [C.O. 5, 366, fos.
61-64^.]

260 Council of Trade and Plantations to Duke of Newcastle. We have
May 30. had the instructions for Col. Horsey some time under our considera-
tion. But we find both North and South Carolina in very great con-
fusion with respect to their titles, the king's quit-rents, paper money, duty on negroes,
and many other particulars which should if possible be settled before Col. Horsey goes
to his government or he will not have it in his power to give the people satisfaction in
these important points. We are now preparing a representation upon these heads,
previous to the fixing of Col. Horsey's instructions. But if you desire that Col. Horsey
should be dispatched with the same instructions his predecessor had, they may soon be
ready for H.M.'s consideration. Signed, Monson, M. Bladen, R. Plumer. \\pp. [CO. 5,
384,/0.r. 37-39^; entry in CO. 5, 401, pp. 259-260; draft in CO. 5, 381, fos. 269-270^.]

261 Same to same, enclosing the following papers relating to seizure of

tay 31. English sloop by French. Signed, Monson, M. Bladen, Edward Ashe,

R. Plumer. i p. Enclosed,
261. i. Extract of Governor Mathew's letter to Council of Trade and Plantations,

263] AMERICA AND WEST INDIES 1738 12}

31 March 1738. See No. 132. i\pp.

261. ii. Declaration of Dominick Lynch, merchant of Barbados, 18 February
1737/8. Copy of No. 132. i. 2 pp. [C.O. 152, 40, fos. 323-329^.; entry of covering
letter in CO. 153, i6,/o. f\d.]

262 Minutes of Common Council of Georgia. Resolved that 4347. 13 s. ^d.
May 31. be paid to Capt. William Thomson in discharge of 56 servants received

of him for the Trust. Mr. Causton's certificate of stores and neces-
saries amounting to 4697 is. i\d. delivered by Capt. Thomson was considered; resolved
that the Trustees will not pay it but that it be returned to Capt. Thomson to recover of
Mr. Causton, 4oo/. to be lent to Capt. Thomson on bond till he do recover. Resolved
that 5 o7. be paid to Simeon Levy being so much out of a certified account to Minis &
Salomons in August 1737 which was paid in sola bills. Resolved that David Provost
succeed Joseph Hughes in his lot at Savannah ; that the two seaboats purchased by Col.
Oglethorpe for pilotage in Georgia be paid for, j8/. ^s. )d.\ that any five of the council
be empowered to draw on the Bank for not more than 5oo/. after 9 June for the future
service of the colony, to be paid to Aid. Heathcote. Ordered that ioo7. be paid to the
accountant for his extraordinary trouble. Resolved that 2j/. be given to John Brailsford
for service in attending the Trustees' account and that his passage back to Georgia be
paid. Ordered that the accounts of August Gotlieb Spangenberg on behalf of the
Moravian Brethren be referred to committee of accounts. Received certified accounts as
follows: to Minis & Salomons for 987. 6s. ^\d. and for 434/. 8j. $\d., both dated 23
January 1737/8; to the same for i24/. is. %\d. for parcels delivered 24 January 1737/8,
dated 7 March 1737/8; to the same for <)ol. i^s. }d. for same, dated the same; to Samuel
Tingley for 1447. i6s. ^\d. for parcels delivered, dated 20 March 1737/8; to David
Provost for 348/. zs. \\d. for parcels, dated 28 February 1737/8; resolved that these
accounts be returned. *>\pp. [C.O. 5, 690, pp. 162-165.]

263 Harman Verelst to General James Oglethorpe at Gosport. I got to
May 31. London yesterday about 2, and at 5 attended the Earl of Egmont,

ice. Thomas Tower and Mr. L'Apostre in a committee of correspondence
where several letters from Georgia were under consideration, among which were more
certified accounts arrived since you left London. The last date is 20 March, wherein
Mr. Causton states his reason for taking these cargoes to be for the encouragement of
the persons who bring them. The further certified accounts received yesterday and to-
day amount to 7077. i6.r. -;d. sterling, and thereby the amount come to the hands of Mr.
Causton since midsummer last is increased to 12,3927. 13^. zd. and the certified accounts
unpaid amount to 4,5427. $s. \id. The Trustees therefore are quite at a stand until
an end is put to all credit in Georgia and their expenses defrayed in their sola bills and
until they know on your arrival how their affairs stand in Georgia. Mr. Vernon brought
with him to the Common Council to-day the Order of Council relating to the Carolina
Ordinance, copy enclosed. As to the Carolina petition, there will be no directions upon
that, only an instruction to both provinces amicably to concert measures in the executing
the law for regulating the trade with the Indians which may be for the mutual advantage
and safety of both provinces, but that is not yet settled. The Trustees have an original
order to forward to Carolina relating to the ordinance which they will do by Capt.
Piercy who sails next week ; and they think it right that this copy of the determination
of the Council should be publicly read in the court at Savannah. I have bought you two
quarts of spirit of salt which I have sent by the Gosport waggon in a box as also some
farthings in a bag put into a box and a letter from Justice Blackerby, both directed to

126 STATE PAPERS COLONIAL [264

you at Gosport. The Trustees are obliged to you for letting them have your two boats
for seaboats which they thankfully pay for, the expenses of them being now known and
no other charge but that of working them for pilotage of shipping in the northern and
southern parts of Georgia. I waited on Col. Cecil who hopes to hear from you. Entry,
ilpp. [C.O. 5, 667, fos. 68^-69.]

264 Benjamin Martyn to Commissioners of Treasury. Parliament having
May 31. granted last session 8,ooo/. towards settling Georgia, the Trustees pray

for directions for issuing said sum. Entry. \p. [C.O. 5, 670, p. 352.]

265 Memorial of John Pitt to Duke of Newcastle, requesting the command
May 31 . of an invalid company or any other provision following his service

since 1727 as governor of Bermuda and captain of an independent company there.
Signed, i p. [C.O. 37, 26, fo. 212.]

266 Instructions by Trustees for Georgia for Thomas Jones appointed
[May.] storekeeper in Georgia. Deliver the letter from the Trustees to Mr.

Causton and take his receipt. Affix on the door of the store at Savannah the notice
signed by the secretary [see No. 228]. Cause the same notice to be affixed at Frederica and
require Richard White, storekeeper there, to send you an account of the remain of
stores. In one month after delivery of said letter, take possession of stores in Mr.
Causton's custody and issue them pursuant to order of William Stephens, Thomas
Causton and Henry Parker, or any two of them. You are allowed a salary of 30/. a year.
You are to examine the demands and conduct of William Bradley and how he has
employed the servants of the Trust under his care. Entry, i J pp. [C.O. 5, 670, pp. 363-364.]

267 Thomas Hill to Attorney- and Solicitor-General, transmitting the
June 2. following queries, (i) Whether the crown has by the prerogative a

power to erect a court of Exchequer in South Carolina and in what
manner such court should be erected. (2) What powers a court so established will have,
whether they will extend as far as the court of Exchequer in England and whether the
proceedings therein should be the same as in England. (3) Whether the governor by his
commission or instructions be sufficiently empowered to appoint a chief baron and in
what manner such chief baron should be appointed. List of papers to be sent with this
letter. Entry. 2pp. [C.O. 5, 401, pp. 261-262.]

268 Lieut.-Governor George Clarke to Council of Trade and Plantations,
June 2. enclosing Acts passed last session and minutes of Council. I beg leave

New York. tQ remar k u p on t fa Acts. ^ An Act em itting bills of credit for the
payment of the debts and for the better payment of the governor of this province and
other purposes therein mentioned. The preamble will in a great measure let you into
the reason and necessity of making this money and of my assenting to the bill. There
was no other possible way of discharging that load of debts which the insufficiency of
the former revenue had involved the province in. Trade and navigation had for some
years declined and the merchants of most wealth had chosen rather to put out their
money at interest of eight per cent, than to employ it in trade and ship-building ; silver
and gold were sent to England as fast as they came into the country to make returns to
the merchants who send goods hither to their factors or to purchase goods there for
those of this place who trade on their own account, and leaving little paper money of
our own that of the neighbouring provinces was become the chief medium of trade

268] AMERICA AND WEST INDIES 1738 127

here. Nor was there any other remedy for it except that of keeping the silver and gold
in the province which are constantly exported to England, and that would be injurious
to the English trade and merchants. High interest is in every country a great discourage-
ment to trade and it has been so here. The usurers were not pleased with an Act which
in its consequences might reduce the general interest of money; they foresaw it would
have that effect, and it has so far already prevailed that I am told some of them offer
their money at six per cent., from whence I promise myself the pleasure to see trade and
shipbuilding revive and flourish, the province grow populous and the settlement and
improvement of lands carried greater lengths than could otherwise be expected; the
benefit whereof England will largely partake in the consumption of its manufactures ;
for the more populous the Plantations are the more of those manufactures will be im-
ported to them.

You will perceive that in the striking this money there is some regard likewise had
to trade in easing it of so much as the interest of 4o,ooo/. will amount to over and above
8,c>59/. 14^. which is to be sunk by it; for imposts on trade have hitherto borne the
whole charge of supporting the governor. Of this the merchants have long complained
and often tried to get it eased by laying some tax on lands, but the country members are
too great a majority against it; however they are willing that trade should be eased
provided they bear no part of the burden as in the present case they do not, but on the
contrary reap all the benefit of having money on a low interest. This province has been
more cautious of making paper money than our neighbours, not having struck any but
upon extraordinary occasions and when there was no other possible way to provide for
those exigencies, and its credit has always been better than theirs and so it will be so
long as they keep within the bounds of so much as their trade necessarily requires; and
it is generally acknowledged that there is not now paper money of their own enough for
that purpose. It is universally agreed that this province abounds in iron ore and in
lands proper for raising of hemp and yet both lie useless. Iron works require consider-
able sums of money to bring them to perfection or at least more than private persons
who own those mines can command ; and the lands fit for raising of hemp being swamps,
bogs and wet meadows, cannot be cleared and drained but at a great expense. The
assembly had these things under their consideration the last session, intending if they
could to enable the proprietors to build furnaces and forges for pig and bar iron and to
clear and drain the bogs and meadows, but the approach of winter would not give them
time to do anything in it. These works would employ a great number of people and the
produce make remittances to England to the advantage and enlargement of its trade and
manufactures. In time the Plantations might make the trade to Sweden and Russia for
those commodities less necessary.

(2) An Act to facilitate and explain the duty of the loan officers. This Act containing
only directions to those persons in letting out the 4o,ooo/. needs no remarks. (3) An Act
for granting to H.M. several duties towards supporting his government in this colony
for one year etc. There are no other goods charged with duties by this Act than such
as in the former revenue bills have been subjected to a duty, and the duties given by
this Act upon some commodities are less than they were formerly which is done solely
in ease to the merchants who have long complained of the hardships they have been
under from the imposts on trade when the trade of the neighbouring provinces has been
exempted from duties. The deficiency which there will be from the difference between
the present and past duties, they suppose will be made up by the interest of the paper
mentioned in my observations on the first Act. (4) An Act to defray the necessary and
contingent charges of the garrison of Oswego, repairing the same and for the better
regulating of the fur trade. This Act except what refers to the repairs of the house or

12 8 STATE PAPERS COLONIAL [268

fort is pretty much the same with former Acts that have been passed to defray the
charges of that garrison; but the house having fallen to decay for want of timely repairs
I have prevailed with the assembly to give money for its repair.

(5) An Act to prevent the further importation of copper money into this colony.
Many years have not passed since copper money was first known in this province. At
iirst, necessity either for change or market gave it a currency at 100 per cent, advance on
the value it has in England, an English halfpenny passing here for a penny, whereas the
difference of money in bills of exchange is but 657. per cent, or 1657. this money for ioo/.
sterling. This put the merchant upon sending to England for it as the best commodity
they could import, which has filled the province so full of it that it becomes a grievance,
large payments at this time being tendered in it, and if a stop be not put to it will become
too great a burthen ; and the more of it a merchant imports (as some will do it especially
if others decline) the less of the English manufactures will be imported, for we have no
merchants here who leave their money in England. (6) An Act for lowering the interest
of money. This Act as it passed the assembly reduced money from eight per cent, to six,
but the council altered it to seven per cent., which the assembly agreed to. Excessive
usury being a great discouragement to the trade and to the settlement or peopling the
country, it was thought high time to reduce it by a law, and though the paper money
mentioned in the Act No. (i) to be let out at interest at 5 per cent, would in effect
reduce the interest of all money, without this law people might exact 8 per cent. (7) An
Act for establishing and regulating courts to determine causes of 40.1-. and under. It has
been a standing instruction to governors to get such an Act passed, it being a necessary
one.

(8) An Act to restrain tavern keepers and innholders from selling strong liquors to
servants and apprentices and from giving large credit to others. The vice against which
this Act is pointed has prevailed of late years to too great a degree and servants and
apprentices, finding ready credit from such houses are led from their duty to their
masters and from their own true interest into a habit of idleness that may in time prove
ruinous to the whole province if not prevented. (9) An Act continuing an Act to let to
farm the excise of strong liquors. (10) An Act continuing the militia. Such Acts being
passed annually I will not take up your time in saying anything upon them, (i i) An Act
to revive an Act to amend the practice of the law. This Act needs no other observation
than this, that the lawyers having found means to evade the intention of the law which
this Act revives, this explains and renders more certain that part of the former Act.
(12) An Act to revive an Act to provide able pilots, (i 3) An Act to revive an Act for the
better preservation of oysters. These Acts being to revive Acts formerly passed and
found useful need no observations. (14) An Act naturalizing Johannes Lorents Corstens.
(15) An Act naturalizing Gustaple Martin Rhenell and others. The readiness the
assemblies have from time to time shown to pass Acts for naturalizing foreign Protes-
tants has encouraged them to come to and to settle in this province and will much
contribute to the peopling of it. (16) An Act to divide Duchess County into precincts.
(17) An Act to enable the justices of the peace in Orange County to the northward of
the Highlands to build a courthouse and gaol at Goshen. (18) An Act for defraying
the common and necessary charge of the manor of Cortland in the county of Westchester.

(19) An Act for better clearing and further laying of highroads in Duchess County.

(20) An Act to enable justices of the peace in Ulster County to defray the charges of
building a courthouse and gaol. The five last-mentioned Acts, being of a more private
nature respecting only particular counties and places, I will not take up your time
making any other remarks upon them than that they appear to be necessary for the
purposes intended. (21) An Act for the further encouragement of a public school in

268] AMERICA AND WEST INDIES 1738 129

New York City for teaching Latin, Greek and Mathematics. (22) An Act to restrain
hawkers and pedlars from selling without [licence]. 1 Being confident that public
schools for the education of youth will always find countenance from you, I will lay the
two last bills before you without any further remarks in their favour. I wish the assembly
had made the reward greater than it is like to be from the last of these bills ; that money
was applied before to the like use but fell short of the sum intended nor would the
schoolmaster get any redress though he petitioned for it or got some of his friends to
move the house in his behalf; it is not likely it will bring in more now. However the
master having at present no other way of living is obliged to submit.

(23) An Act for confirming an exchange of lands in Oyster Bay formerly made
between Samson Hawks and John Pratt, deceased. There is a saving of H.M.'s rights
and the Act is not to take effect until it has H.M.'s approbation. (24) An Act to prevent
damages by swine in Orange and Ulster Counties. (25) An Act to enable the corporation
of New York to raise 2)o/. (26) An Act further to encourage the destroying of wolves
in county of Westchester. (27) An Act for the preservation of oysters in Richmond
County. (28) An Act for the better extinguishing fires in the city of New York. These
Acts being likewise of an inferior nature, reasonable and necessary for the purposes
intended, I submit them to you without giving you any further trouble about them.
Also enclosed Naval Officer's accounts to 25 March last.

When the assembly meets which will be in August I will then press them in the
strongest manner I can to settle the revenue for a term of years. They will want to have
an Act continued (which expires next year) whereon the credit of about 2.0,000!. paper
money subsists. If they will give a revenue I will pass such an Act, but I will let them
know that they must go hand in hand or not at all. I have already mentioned it to the
speaker and some others who seem to take the thing right. Col. Cosby recommended
to you Mr. Paul Richards and Mr. John Moore as fit persons to be of the council in
case of vacancies and I thought them so too. But from observations I have made I
think it highly necessary that such of the king's officers as hold the most considerable
posts should be preferred to seats at that board, and I have found the want of them more
than once in matters that concerned the government. Whenever vacancies therefore
happen I beg to recommend Richard Bradley, attorney-general, with Paul Richards.
If you please to recommend my son who is now secretary for the province to be coun-
cillor in my room, I am willing to resign to him. Answers to queries received last year
are enclosed ; the rest will be sent as soon as possible. Signed. 5 \ pp. Endorsed, Reed. 24
July, Read 25 July 1738. Enclosed,

268. i. Answers to queries from Council of Trade and Plantations on govern-
ment and defence in New York colony. The governor with the council and assembly
are empowered to pass law not repugnant to the laws of England. In the town of
New York is an old fort of very little defence. Cannon we have but the carriages
are good for little. We have ball but no powder, nor will the Board of Ordnance
send any, on pretence that a large quantity was sent in 1711 for the Canada expedition
which is 27 years ago; much of it has for many years been trodden under foot in the
magazine, the barrels having been rotten. There is a battery which commands the
mouth of the harbour whereon may be mounted 5 o cannon ; this is new, having been
built but three years, but it wants finishing. At Albany there is a new stone fort
built the same year with the battery at New York. And at Schenectady a new fort
built at the same time and both are sufficient for those places. In the Mohawks
country there is an old stockaded fort of little use now, the country thereabout being

1 Edge of document missing.
9 XLIV

130 STATE PAPERS COLONIAL [268

pretty well settled and nigh Schenectady. I have been trying to prevail with the
Senecas to let us build a fort at Tierandequat in their country, which will more
effectually secure the fidelity of the Six Nations and better preserve the fur trade,
and I hope at last to prevail. We have no revenue established at present. The
ordinary and extraordinary expenses of the government are about 4,ooo/. a year.
We have a militia in every county for the regulating whereof there is annually passed
an Act of assembly. The people are generally expert in the use of firearms. All the
officers are commissioned by the governor. Mayors and recorders of New York
and Albany are commissioned under the seal of the province, as are sheriffs, coroners
and clerks of the peace. Chief justice, attorney-general, surveyor-general and
secretary or agent for Indian affairs are appointed by the king's warrant to the
governor. Second and third judges are appointed by the governor. The secretary
and receiver-general have their commissions under the great seal of England. 1 1 pp.
Endorsed, as covering letter.

268. ii. Cadwallader Golden, Surveyor-General of New York, to Lieut. -Governor
Clarke, 14 February 1737/8. In obedience to your order in council of 5th of last
month, referring to me the following queries from Council of Trade and Plantations :

(1) What is the situation of the province, nature of country, soil and climate etc.

(2) What are the reputed boundaries and are any parts thereof disputed, what parts,
and by whom ?

I shall, that answer may be made thereunto, mention such particulars as occur
to me from my own knowledge or the credible information of others and class them
in the same order observed in the queries. The situation of the province of New
York is to the eastward of the provinces of New Jersey and Pennsylvania and of the
Indian countries claimed by the French and to the westward of the colonies of
Massachusetts Bay and Connecticut. The nature of the country is more uneven, hilly,
stony and rocky than that of the provinces to the southward of it; in some parts it is
mountainous ; at about 40 miles from the city of New York northward a chain of
mountains of about ten miles in breadth, commonly called the Highland Cross;
Hudson's River running many miles from the north-east southwestward. About
90 miles northward from New York another body of mountains rise on the west
side of Hudson's River at about ten miles from the river and are commonly called
the Catskill Mountains or Blue Hills. From these mountains the most northerly
and main branches of Delaware River, some branches of Susquehannah River and
several of Hudson's River take their rise. The southern part of the country, that is
from the sea on both sides of Hudson's River to within 20 miles of Albany, is
generally covered with oaks of several sorts, intermixed with walnuts, chestnuts
and almost all sorts of timber according to the difference of the soil in several parts.
I have seen in several parts of the country large quantities of the larix tree from
whence Venice turpentine is made. About Albany, and as I am informed a great way
up the eastern branch of Hudson's River, the land is generally covered with pines of
several sorts. The Mohawks country or that part of this province lying on both sides
the western branch of Hudson's River is generally covered with beech, maple and
elm.

The settlements extend in length from the ocean northward along Hudson's
River and the eastern branch of it to about 40 miles to the northward of Albany and
westward along the western branch to about four score miles west-north-west from
Albany ; so that the settled and improved part of New York extends about 200 miles
in length. But there are few settlements anywhere to the northward or westward of
Albany at any distance from the branches of Hudson's River. In the Mohawks'

268] AMERICA AND WEST INDIES 1738 131

country the level of the land seems to be at the greatest height above the sea, for in
that part of the country at about 5 o miles west-north-west from Albany and 1 2 miles
west from the Mohawks River, some branches of the largest river in North America
and which run contrary courses take their rise within two or three miles of each other
viz. first, a branch of Hudson's River which falls into the sea near New York after
having run above 250 miles. Second, the Oneida River running northward falls into
the Oneida Lake which empties itself into the Cadarackui Lake at Oswego : from
this lake the Great River St. Lawrence takes its rise, which passing by Montreal and
Quebec empties itself into the ocean opposite to Newfoundland. Thirdly, a branch
of the Susquehannah River which running southerly passes through Pennsylvania
and Maryland and empties itself into Chesapeake Bay in Virginia. The province of
New York has for the conveniency of commerce advantages by its situation beyond
any other colony in North America. For Hudson's River running through the whole
extent of this province affords the inhabitants an easy transportation of all their
commodities to and from the city of New York; from the eastern branch there is
only land-carriage of sixteen miles to the Wood Creek or to Lake St. Sacrament,
both of which fall into Lake Champlain from whence goods are transported by
water to Quebec. But the chief advantages are from the western branch of Hudson's
River; at fifty miles from Albany the land-carriage from the Mohawks River to a lake
from whence the northern branch of Susquehannah takes its rise does not exceed
fourteen miles. Goods may be carried from this lake in battoes or flat-bottomed
vessels through Pennsylvania to Maryland and Virginia, the current of the river
running everywhere easy without any cataract in all that large space. In going down
this river two large branches of the same river are met, which come from the west-
ward and issue from the long ridge of mountains which stretch along behind
Pennsylvania, Maryland, Virginia and Carolina, commonly called the Apalachy
Mountains. By either of those branches goods may be carried to the mountains and
I am told that the passage through the mountains to the branches of the Mississippi
which issue from the west side of these mountains is neither long nor difficult;
by which means an inland navigation may be made to the Bay of Mexico.

From the head of the Mohawks River there is likewise a short land-carriage of four
miles only to a creek of the Oneida Lake which empties itself into Cadarackui Lake
at Oswego ; and the Cadarackui Lake being truly an inland sea of greater breadth
than can be seen by the eye communicates with Lake Erie, the lake of the Hurons,
Lake Michigan and the upper lake, all of them inland seas. By means of these lakes
and the rivers which fall into them commerce may be carried from New York
through a vast tract of land more easily than from any other maritime town in North
America. These advantages I am sensible cannot be sufficiently understood without
a map of North America. The best which I have seen is Mr. De L'Isle's map of
Louisiana published in French in 1718; for this reason I frequently use the French
names of places that I may be better understood.

There are great quantities of iron ore in several parts of the province, large
quantities of sulphur in the Mohawks country, salt springs in the Onoudaga country ;
lead ore has likewise been found in several parts of the province but nowhere as yet
sufficient to pay the expense of working. The soil is less uniform as the surface is
more unequal than in the more southern provinces and consequently there is a great
variety of soil in several parts of the province. It is generally proper for the most
sort of grain, as wheat, rye, barley, oats, maize or Indian corn and buckwheat. The
wheat of this province is generally heavier than that of the provinces more to the
southward and yields a larger quantity and better kind of flour. The soil is likewise

132

STATE PAPERS COLONIAL [268

more fit for pasturage running naturally as soon as it is cleared of the woods into
clover and other good grass and is almost everywhere intermixed with good meadow
grounds. These in several parts are of a deep, rich, black mold and have when
sufficiently drained produced hemp to great advantage. What I say of hemp is
grounded on what has been done in New Jersey, and though the experiment has
not been sufficiently tried in this province I can see no reason to doubt of the like
success.

On many of the branches of Hudson's River and near Albany and Hudson's
River itself there is a kind of soil made by the rivers and extends about half a mile
in breadth along the rivers. This being made by the soil which the rivers let fall is
exceeding rich, yields large crops of the best wheat, and the repeated overflowings
of the rivers keeps it always in strength. The soil of the Mohawks country is in
general much richer and stronger than that of the more southern parts of the province
and exceeds any soil that I ever saw in any part of America. I am told the same kind
of soil extends through the countries of the Oneydoes, Onoudagas, Cayugas and
Senecas. This soil I am persuaded will produce anything that can be produced in a
climate where the winters are very cold.

The climate of the province of New York confining it to the present Christian
settlements extends from 4oth degree and 30 minutes of latitude to 43rd degree and
30 minutes. It is much colder in winter than those parts of Europe which lie under
the same parallels of latitude. The alterations in the thermometer are very con-
siderable, as great perhaps as in any part of the world. But changes in the barometer
are not so great, the mercury seldom descending so low as in Britain. The changes
of heat and cold pass through all the degrees of the thermometer. I have observed
the cold so great that the spirit in Patrick's thermometer which is fixed to his portable
barometer descended the space of 8^ graduations below all the graduations marked
on the thermometer. At the same time the spirit in my Florentine thermometer was
included entirely within the ball, but so great a degree of cold happens seldom. The
peach and quince trees were in many places killed by it but the apple and pear trees
are never hurt by the cold. Hudson's River so far as it is fresh is frozen every year
so as to bear horses and carriages. The excesses in heat and cold seldom continue a
week together or more than two or three days. The greatest cold is in January, and
heat in July and August. Since the country has been settled and cleared the seasons
are become more moderate. The spring comes late, it is seldom sensible before
April. This it is probable is occasioned by great quantities of snow to the northward
which everywhere are covered from the sun by thick forests, and by melting slowly
produces cold northerly winds. The spring being late of consequence is short, the
succeeding warm weather produces a quick growth so that the face of the country
in a short time becomes surprisingly changed. In the summer exceeding heavy dews
fall almost every night. The wheat harvest is in the beginning of July. The fall of
the leaf is the most pleasant season in this country. From the beginning of September
to December we have moderate weather with a serene sky, the horizon being seldom
covered with clouds in that time.

City of New York is in lat. 40 42', long. 74 37'. Sandy Hook, a cape in the
ocean at the entrance into the bay into which Hudson's River empties itself, lat. 40
25', long. 74 37'. Albany, the second city in New York and most considerable
place for the fur trade, lat. 42 48', long. 74 24'. Oswego, a fort on Cadarackuy
Lake from whence the fur-trade of Albany is carried on with the western Indians,
lat. 43 35', long. 76 50'. Philadelphia, lat. 39 58', long. 75 40'. Boston, lat.
42 25', long. 71 28'. Quebec, the capital of Canada, lat. 46 45 ', long. 69 48'.

268] AMERICA AND WEST INDIES 1738 133

Montreal, the second town in Canada and nearest New York, lat. 45 52', long. 74
10'. Crown Point, the place where the French have built a fort near the south end
of Lake Champlain, lat. 44 10', long. 74. The longitude of all these places is com-
puted westward from the meridian of London. The latitude and longitude of New
York is from my own observations which I am satisfied are near enough the truth
for common use though not made with such instruments, care and accuracy as is
necessary where the greatest exactness is requisite. The longitude is from the
immersions and emersions of Jupiter's first satellite and the calculations made from
Dr. Pound's table of that satellite. The latitude and longitude of Boston are from
the observations made at Cambridge College in New England and those of Quebec
from the observations of the French there. Those of the other places are computed
from their distance and situation with respect to some one or more of those that are
determined by observations.

The province of New York is bounded to the southward by the Atlantic ocean
and runs from Sandy Hook, including Long Island and Staten Island, up Hudson's
River till the 4ist degree of north latitude be completed, which it is about 20 miles
above the city of New York, East New Jersey lying for that space on the west side of
Hudson's River; from the 4ist degree of latitude on Hudson's River it runs north
westerly to 41 40' of latitude on the most northerly branch of Delaware River which
falls near Cashiehtunk, an Indian settlement on a branch of that river called the Fish
Kill; thence it runs up that branch of Delaware River till the 42nd degree of latitude
be completed or to the beginning of the 43rd degree, Pennsylvania stretching along
the west side of Delaware River so far northward as to this parallel of latitude. From
the beginning of the 43rd degree New York runs westerly on a parallel of latitude
along the bounds of Pennsylvania to Lake Erie or so far west as to comprehend the
country of the Five Nations (the French having by the Treaty of Utrecht quitted all
claim to these Five Nations). Then it runs along Lake Erie and the straits between
Lake Erie and Cadarackuy Lake and along Cadarackuy Lake to the east end thereof,
from thence it continues to extend easterly along the bounds of Canada to the colony
of Massachusetts Bay, then southerly along the boundaries of the Massachusetts Bay
and of the colony of Connecticut to the sound between Long Island and the main,
and then easterly along that sound to the Atlantic Ocean.

The boundaries between New York province and the provinces of New Jersey
and Pennsylvania are so well described in the grants to the proprietors of New Jersey
and Pennsylvania that by determining the proper parallels of latitude on Hudson and
Delaware Rivers the boundaries between them may at any time be fixed with suf-
ficient certainty. But as this has not hitherto been actually done, disputes now in
several parts subsist between the proprietors of the lands near the line which is
supposed to run between New York and New Jersey from Hudson's River to
Delaware River; and it is probable the like disputes will happen between the in-
habitants of the province of New York and Pennsylvania when the lands near the
line dividing them shall be settled. The boundaries between New York and Con-
necticut are entirely settled by agreement between the two colonies and by lines run
at about 21 miles from Hudson's River and running nearly parallel to the general
course of that river.

I know of no regulations for determining the boundaries between New York
and Canada. It is probable each will endeavour to extend themselves as far as they
can. The French have lately made a wide step by building a fort at Crown Point,
which alarms the English colonies by its being a pass of great importance. By this
pass only there is access to Canada from the English colonies and from this the

4 STATE PAPERS COLONIAL [268

French will be able in wartime to send out parties to harrass and plunder the colonies
of Massachusetts Bay, New York and Connecticut. The building of this fort deserves
the more notice by reason it is not at half the distance from the settlements in New
York that it is from the nearest settlements in Canada. If we are to judge of the
pretensions of the French by the maps lately published in France by public authority
they not only claim this part of the country and the countries of the Five Nations
depending on New York but likewise a considerable part of what is actually settled
by the inhabitants of New York. The English maps are such servile copies of the
French that they mark out the boundaries between the English and French with the
same disadvantage to the English that the French do.

The boundaries between Massachusetts Bay and New York is everywhere
disputed: by the Massachusetts Bay charter that colony is to extend as far west as
Connecticut. The question is whether it shall extend as far west as to Connecticut
or extend as far west as Connecticut does. The difference is so considerable that it
takes in near as great a quantity of land as the whole of what is not disputed. It is
probable they may at last make their claims good by the numerous settlements they
have already and are daily making upon it. Your knowledge of this country will
easily discover any errors I may have committed and will supply the defects. I have
endeavoured that what I have written may be of use to you in some matters wherein
you are less conversant and may assist your memory in others. Signed. ~j\ pp.

268. iii. Answer to four queries referred by the Lieut.-Governor and Council of
New York to Commissioners of Indian Affairs. Albany, 4 February 1737/8. The
Six Nations of Indians including the River and Schaachhook Indians are about 1 500
fighting men, of which number one-eighth part incline to French interest, being
partly overawed by fear. The French have their interpreter continually among the
Senecas who has a great influence over them and they often send messengers with
presents to the Six Nations.

The Indians living near about Montreal and Quebec are about 1,000 fighting
men besides a vast number of other foreign nations amongst whom trie French have
sixteen fortifications and settlements.

The French Europeans settled on the River St. Lawrence in Canada consisting of the
three governments of Quebec, Montreal and the Three Rivers are about 10,000
fighting men including 32 companies of regular forces. Spaniards none.

The metropolis of New France is Quebec, a well-fortified town being enclosed in
a very strong wall, and has a strong fort situated on a rock, being the seaport on the
north side of River St. Lawrence. About sixty leagues southwest thereof is Montreal
on the same side of the river, which is regularly fortified and surrounded with a
strong stone wall, having batteries within and a large trench round the north, east
and west sides thereof and to the south is the river. About seven leagues south from
Montreal is a village called Chambley, situated on a river running out of Corlaers
Lake which is by the French called Champlain, and empties itself into the River
St. Lawrence at Soreil : there is a good strong stone fort at the side of the river at
the upper end of a basin. The French have also a very strong fort to the west of
Crown Point at the side and south-east end of Corlaers Lake beforementioned called
by the French La Pointe au la Chevleures, about seventy miles to the northward of
our farthest settlement, built in 1736 for a retreat when the French at any time should
come to disturb or annoy our frontiers either in our province or New England.
This fort is situated on a rock having a very strong citadel arched with stone three
storeys high, the wall thereof is about seven feet thick, it commands the entrance into
the lake beforementioned from the southward and has four regular bastions. To the

268] AMERICA AND WEST INDIES 1738 135

southward is a large plain. They likewise by that means extend their limits, having
encroached upon land belonging to H.M. They have also a strong fort at Cada-
ruchque at the north-east end of the Lake Ontario which empties itself in the River
St. Lawrence, made there not only in order to entice the Six Nations of Indians to
their interest and to have an awe over them but also for a retreat to the French when
at any time they should attack or annoy the Six Nations and likewise to prevent the
said Six Nations from going to Canada in time of war. They have also a strong
fortification at Niagara which is at the south-west end of Cadaruchque Lake below
the falls of that name about three leagues, where there is a carrying place. It borders
near the Six Nations which in a great measure commands the Indian trade from the
westward and overawes the Senecas. They have several settlements and forts as
above observed of less note among the upper nations of Indians on the chief passages
as the Indians come from their hunting, in order to intercept the fur-trade and to
keep an awe and command over them. i\pp.

268. iv. The referred queries from Council of Trade and Plantations and the
required answer from the Collector of Customs, New York.

Queries : What is the trade of this province etc. ? What quantities of British
manufactures are taken? What trade with foreign countries and colonies? What is
the natural produce of the country ? What methods are used to prevent illegal trade ?

Answers. Trading in general: from Great Britain, European and Indian goods
with silk manufactures chiefly ; from Ireland, linen and canvas ; from British colonies,
enumerated commodities, rum, lime juice, snuff, pimento, sulphur, straw plat, hides,
deerskins, conch shells, negroes, mahogany and ebony; from Europe etc., salt;
from Africa, negroes now less than formerly brought hither; from Madeira and
Canary Islands, wines; from northern and southern parts of this continent, cider,
oil, blubber, whalefins, hops, flax seed, flax, bricks, sealskins and certain wrought tin
and braisiery; lastly from foreign plantations, small quantities of rum, molasses and
sugar since the Act imposing new duties thereon, snuff, Spanish tobacco, aqua
vitae, indigo, logwood and other dye wood, coconuts, cotton wool etc.

To London and outports, the latter seldom, enumerated goods and other mer-
chandize legally imported; to Ireland, flax seed and staves; to other parts of Europe,
grain, hides, elk and deerskins, ox horns, Spanish snuff, logwood, indigo, coconuts
etc. of foreign produce, and lumber; to Madeira and Azores, grain, beeswax and
staves; to English districts north and south of this continent and West Indies,
provisions, chocolate, lumber, European goods with those species enumerated and
such others as brought here for export regularly; lastly to the neutral ports as
St. Thomas, Curasao and Surinam, lumber and horses with provender.

Present number of vessels, 53. Registered tonnage, 3,215. Number of seamen,

35*-

Production and manufacture. First, the country people here have, for many
years and yet, their homespun, so termed, of wool, flax, to supply somewhat them-
selves with the necessaries of clothing etc. From 1715 or thereabouts have been
raised linseed and milled into oil, hats made of beaver from the exporting whereof
prevented by the Act from Michaelmas 1732, also lamp black worked up. From 1730
sugar-baking and its refining have been for home consumption and transportation
hence to other districts on the continent and to the West Indies by regular certificates
and latterly the distilling of rum and other spirits, for these only are two houses
erected. In this province are mines of iron and lead ores, the manufacturing of
which have been of late proposed and the raising of hemp likewise. Lastly, of these
severally besides are grain of all sorts and other provisions with tobacco, a diminutive

136 STATE PAPERS COLONIAL [269

quantity naturally produced out of this soil, yet being with suchlike brought hither
from the eastern and western parts of this continent are saleable and vended abroad,
cannot be distinguished so as to ascertain the annual exporting of their value. Neither
practicably could it be if from the import thereof separated because their prices
according to the markets currently vary.

See naval officer's lists for particulars of quantities and qualities.

Such methods to prevent frauds are used as are prescribed on the principal laws
of trade. Signed, Archibald Kennedy, Collector, 18 January 1737/8. z pp. Endorsed,
Reed. 24 July, Read [blank]. [CO. 5, 1059, fos. 48-62^.]

269 Lieut.-Governor George Clarke to Duke of Newcastle. Being in-

June 2. formed that a considerable land and naval force was arrived at St.
Dr ' Augustine from Cuba in order to make a descent on Georgia, I sent
for three masters of vessels who were lately arrived from St. Augustine and Carolina,
and examined them on oath concerning that affair. Copies of examinations enclosed.
The council were of opinion that there was sufficient cause to embargo Kip and Griffith's
sloops : the first was laden with provisions for St. Augustine, and Griffith careening in
order to take in a loading for the same place, both owned by Mr. William Walton of
this town who, as I am informed, has supplied that place with provisions many years by
contract. He protested against the Custom House officers for refusing to clear Kip, a
copy of the protest is enclosed. I have, besides the restraint laid on these two sloops,
issued a proclamation with the advice of the council forbidding all H.M.'s subjects in
this province to supply St. Augustine with provision or ammunition. The obligation on
Mr. Walton to give security, before his sloops be cleared at the Custom House, that they
should not go to St. Augustine might not have answered the end; but as I was to act
with the advice of the council, the order was made pursuant to it. Yet there being no
sum mentioned wherein he was to be bound, I had it in my power to direct what the
penalty should be. Captain Walton thought it hard that his vessels entering and clearing
for Carolina (as they always do for some English port) should be embargoed, and
other vessels that enter for the same place should be suffered to depart. But I cannot
think it either hard or unjust, Walton being the only person in this place whom the
Spaniards permit to trade at St. Augustine, where he has a factor who has resided there
many years. In this situation the business continued till 19 May when Captain Tucker
and one Col. Hicks, an assemblyman in Carolina who came hither with Tucker for his
health, being examined on oath, the council were thereupon of opinion that the Spanish
expedition against Georgia was countermanded. In consequence whereof, an order of
the board was sent to the collector to clear Griffith and Kip, and a proclamation was at
the same time ordered to issue to recall the proclamation abovementioned. Acknow-
ledges the duke's goodness to his son. Signed. 3 small/)/?. Endorsed, Reed. July. Enclosed,

269. i. Examination of Thomas Peniston, master of the sloop Eagle, taken at a
council held at Fort George, New York, before the lieut.-governor and council,
8 May 1738. The examinant was lately at Jamaica; while he was there advice came
from Cuba of 4,000 soldiers arrived at St. Jago de Cuba from Old Spain, who were
to be joined by 2,000 raised on Cuba and 2,000 or 4,000 from Vera Cruz and Cam-
peachy. After further advice of this force sailing from Cuba, the general opinion
at Jamaica was that it was an expedition against Georgia. Examinant was informed
that at St. Jago de Cuba there were several Spanish men-of-war, vizt. a 6o-gun ship,
a 5o-gun ship and a 2o-gun ship. Copy. \ p.

269. ii. Examination of James Tucker, master of the sloop Midnight, taken as
above, 19 May 1738. Examinant was hired by the government of South Carolina

269] AMERICA AND WEST INDIES 1738 137

to go to Augustine as a tender to H.M.S. Seaford, Henry Scott commander. They
lay off and on St. Augustine about thirty hours and saw two snows, another topsail
vessel and two sloops, but whether Spanish or English examinant does not know.
At Charleston he was informed by Joseph Prue of a Spanish design to invade
Georgia; afterwards he was told by the same Prue that there was an account come from
Old Spain countermanding any expedition against Georgia, Carolina or any other
English colony. When examinant left Carolina about eleven days ago neither the
government nor the people had any apprehensions of invasion. He was informed
that about 600 men had arrived off Charleston in three transport ships under convoy
of the Phoenix man-of-war, Captain Fanshaw commander. Copy. i^PP-

269. iii. Examination of Alexander Hext, esquire, before Chief Justice Lane and
Mr. Horsmanden, 19 May 1738. Examinant was informed by the president and
several members of a committee of the council and assembly of South Carolina that
took the examination of Joseph Prue that there were about 7,000 Spanish soldiers
at Havana intended to be transported to St. Augustine for a descent upon Georgia,
but only five or six hundred were actually transported before the expedition was
countermanded. He believes the government of Carolina is now under no apprehen-
sions of an attack on Georgia. Copy. \ p.

269. iv. Examination of John Lush, master of the sloop Georgia Packet, taken
as No. i above, 5 May 1738. Examinant was lately at South Carolina where he was
informed by Joseph Prue (who had been a prisoner at Havana) that the Spanish
descent on Georgia had been countermanded. Prue was taken to St. Augustine with
two troopships where he saw many Spanish vessels, some long and flat-bottomed on
purpose to carry soldiers up the river. Prue told this examinant that there might be
6 or 7,000 Spaniards landed at St. Augustine. This examinant believes that the people
of Carolina were under some apprehensions of danger, for they had sent for a great
number of Indians and had frequently trained and exercised the militia in arms and
kept a strict watch. Copy. i| pp.

269. v. Examination of Abraham Kip, master of the sloop Don Carlos, taken as
No. i above, 5 May 1738. Examinant was lately at St. Augustine; about the end of
March there arrived several vessels said to be about 42, from Havana, and eight days
after a frigate of about 24 guns and a tender arrived from Havana with 400 soldiers,
several transports and nine other vessels. The 42 vessels aforementioned were to
carry the troops expected from Havana for an attack on Georgia. Examinant was
informed that the frigate brought intelligence of the countermanding of the expedi-
tion. He does not believe that there were more than 1,000 soldiers at St. Augustine;
he left about three days after Joseph Prue. Copy. 1 | pp.

269. vi. Examination of David Griffith, master of the sloop Jacob, taken as No. i
above, 5 May 1738. He was at St. Augustine from about 12 March to 12 April last,
and reports substantially the same as No. v. above. Copy. \\pp.

269. vii. Protest by Richard Nicholls, notary public, 6 May 1738, at the request
of William Walton junior, one of the owners of the sloop Don Carlos, and Abraham
Kip, master of the said ship, against the officers of the Customs at New York for
withholding permission to sail. Copy. i\pp.

269. viii. Examination of Lewis Thibou, taken as No. i. above, 5 May 1738.
Examinant was at St. Augustine from the end of February until about 1 2 April last,
and reports substantially the same as No. v. above; but believes the number of
Spanish soldiers at St. Augustine might amount to 1,500. Copy, i p. \C.O. 5, 1094,
fos. 50-67^.]

138 STATE PAPERS COLONIAL . [270

270 William Stephens to Harman Verelst. Col. Cochran desires me to
June 3. send you the enclosed certificate from the captains of the Amy and

W hi taker, by which you will observe that he misses a bale of mattresses
and blankets. He prays the favour of you to enquire into it. The last of the soldiers
that came with the colonel (except a few that are left upon recovery from sickness here)
went south the beginning of this week and the two captains, Newham and Whiting,
sailed this morning for Virginia; the other transport, the Lightfoot, being gone south
with part of the men and not yet returned. The colonel purposes to follow them to the
Altamaha to-morrow or Monday at farthest. Whether or not this will overtake the
packet at Charleston which went hence from us on Sunday last under the care of
Col. Cochran's sergeant for England is uncertain; it must take its chance. Signed, i
small p. Enclosed,

270. i. Certificate that a bale of mattresses which should have been sent by the
A.niy was alongside the ship on 29 or 30 December 1737 and was sent away again,
the ship being full. No such bale was delivered upon arrival. Georgia, 3 June 1738.
Signed, T. Newham, R. Whiting. i{ small pp. [C.O. 5, 640, fos. 121-123^.]

271 Harman Verelst to General James Oglethorpe at Gosport or on board
June 3. Blandford man-of-war, enclosing copy of report of Committee of

lcc< Council on the Carolina petition omitted in error from letter of 3 1 May.
The Trustees desire that the two seaboats be immediately sent to their respective
stations to be employed for the services for which they were bought. Entry. \p. [C.O. 5,
667, fe. 69.]

272 James Oglethorpe to Duke of Newcastle. I have received a letter
June 5. from Col. Bull, lieut.-governor of South Carolina, enclosing several

depositions of which I send you abstracts ; he says that he has sent the
originals to you. They prove that those advices which I gave you of the preparations of
the Spaniards are true. They also prove how necessary those precautions were which
you so frequently urged and which H.M. has been pleased to order. I beg you would
lay before H.M. the circumstances of the provinces of Georgia and Carolina, that the
Ordnance may hasten the sending the artillery etc. which H.M. was pleased to order.
If the advice of this preparation makes any new measures necessary you will be so good
as to acquaint me with them. The wind is just sprung fair and I hope soon to be in
America where, though the odds are great, I cannot but think myself happy in having
an occasion of showing the grateful sense I have of H.M.'s goodness. Signed. P.S. From
on board Blandfordzt Spithead, 6 June 1738. The wind is turned against us and the ships
are obliged to moor. 2 J small pp. Enclosed,

272. i. Abstract of affidavit of Joseph Preu, captain of the Beaufort schooner,
sworn at the Council Chamber, Charleston, 16 April 1738. [See No. 158. i.] 2^ small

pp. [C.O. 5, 654,/ftf. i44-i47</.]

273 Council of Trade and Plantations to Duke of Newcastle, enclosing
June 6. copies of letter and papers relating to preparations made by the

Spaniards at Havana, received from President Bull. Signed, Monson,
Edward Ashe, R. Plumer, M. Bladen. i p. Enclosed,

273. i. President Bull to Council of Trade and Plantations, 20 April 1738. Copy,
of No. 158.

273. ii. Examination of Joseph Preu, 16 April 1738. Copy, of No. 158. i.

273. iii. Examination of William Lyford, William Hodge and William Patterson,

278] AMERICA AND WEST INDIES 1738 139

6 April 1738. Copy, of Nos. 158. ii. and iii. [C.O. 5, 384,/w. i \-z\d\ entry of covering
letter in C.O. 5, 401, p. 263; draft of covering letter in C.O. 5, 381, /0.r. 271-272^.]

274
, _ Harman Verelst to Andrew Stone, transmitting the enclosed for the

Georgia Office. Duke of Newcastle. Signed. \ p. Enclosed,

274. i. Affidavit of James Howell, master of schooner Beaufort, sworn at Council
Chamber, South Carolina, 21 April 1738. [See No. 160.] Copy. 3 pp. Endorsed, Reed.
from Trustees for Georgia, 7 June 1738. [C.O. 5, 654, fos. 148-151^.]

275 Same to John Crosse, junior, consul at Teneriffe. The Trustees have
June 7. n o occasion for wine at present, the fleets ordered by H.M. being to

Georgia Office. ca jj a( . jy[ ac } e j ra Should they have occasion they will address themselves
to you and meanwhile recommend you to the merchants who trade to Georgia. Entry.
i p. [C.O. 5, 667, fo. 71, fid.]

276 Same to Andrew Stone, enclosing copy of affidavit of James Howell

June 7. which the Trustees desire be laid before the Duke of Newcastle.
Georgia Office. {C Q ^ ^

277 Minutes of Common Council of Georgia. Sealed deed-poll removing
June 7. Thomas Causton from office of first bailiff of Savannah and appointing

Henry Parker in his room, accountant to countersign. Read Trustees'
letter to Gen. Oglethorpe of 2 inst. Ordered that the said deed-poll be sent to Gen.
Oglethorpe to be used according to the said letter. Resolved that Gen. Oglethorpe be
desired to have Mr. Causton arrested and kept in safe custody or sufficient security
until his accounts from 1734 arc examined and approved, and that he be not sent over
to England till the Trustees direct. The accountant acquainted the council that to com-
plete the payments ordered 1327. 15^. ^d. was wanting; signed a draft on the Bank for
that sum to Aid. Heathcote. i\pp. [C.O. 5, 690, pp. 166-167.]

278 Minutes of meeting of Trustees for Georgia. Received receipt from
June 7. Bank for io/. paid in last board. Sealed duplicate of Trustees' letter

to Mr. Causton dated 19 May with several lists and accounts annexed.
Read a letter from Col. Oglethorpe dated 4 June in answer to the Trustees' of 2 June,
which letter and answer were in the following words :

The Trustees being greatly alarmed at the great number of certified accounts
amounting i,4oi/. i$s. zd. brought for payment since Tuesday last immediately met to
concert the most proper measures to secure their effects in Georgia and Mr. Causton's
person to answer for his conduct in receiving cargoes without any order whatsoever
from the Trustees for these certified accounts unpaid now amount to 5,2367. os. (>d. and
the sola bills, provisions and effects received by Mr. Causton since midsummer last
amount to I3,o86/. 9^. ()d. for the application of which he has given the Trustees no
account. The situation of the Trustees' affairs is such that they cannot sit still in these
circumstances but must in their own justification insist upon an immediate seizure of
Mr. Causton to be detained until he gives sufficient security to answer this surprising
conduct of his which may draw the Trustees into the greatest inconvenience and dis-
credit while at the same time they on their part have taken all possible care to prevent
such inconveniences happening. And unless he shall produce to you such accounts as
you think when transmitted to the Trustees will prove satisfactory to them, you arc

140 STATE PAPERS COLONIAL [278

desired forthwith to send him with his books and papers in safe custody to the Trustees
that he may make up his accounts with them. But if it should so happen, which the
Trustees are afraid cannot be the case, that Mr. Causton should produce such an account
as will be in your opinion satisfactory to the Trustees, you are forthwith to transmit
such account by the first opportunity and to continue him upon sufficient security until
the Trustees have examined and approved thereof. The Common Council will at their
next meeting seal an instrument to remove him from his office of first bailiff which is
intended as a suspension to wait the making up of those accounts.

As the Trustees' conduct must stand evidently clear from any imputation of neglect
they strongly recommend it to you (being one of themselves) to use all possible means
to preserve that credit they have hitherto been possessed of, and which they desire to
have continued consistent with the characters they bear and which the disinterested
manner they have always acted in has justly entitled them to. It is almost impossible for
the Trustees to express the great resentments which they have entertained at the behaviour
of a person to whom they showed such marks of distinction and favour who by a con-
duct for which they cannot as yet find a name has already disabled them from bearing
an expense of an estimate which they had calculated with the utmost frugality and
economy for the services of the colony from midsummer next.

The Trustees now transmit to you the Order of Council which Mr. Vernon brought
to the Common Council last Wednesday relating to the Carolina ordinance, the perusal
of which they hope will be very agreeable to you, and they desire that you will transmit
it to the lieut. -governor and council of South Carolina by the first opportunity. There
is a duplicate of the same order put into the hands of Mr. Fury. The Trustees have been
informed that the Council have not determined anything definitively upon the complaint
of the lieut.-governor and council of South Carolina but have directed instructions to
be prepared for both colonies for concerting measures for settling the trade upon such
a foot as may be for the mutual advantage of both provinces. The last advices from
Charleston dated 21 April which arrived this day confirm that the ships lately seen off
St. Augustine were four Spanish men-of-war and thirty transports with Spanish troops ;
and it is said that they had landed at Augustine 900 men and were gone to Havana for
150 more, that Capt. Howell, one who had been detained at St. Augustine and lately
come from thence, made an affidavit at Charleston of this increase of forces at St.
Augustine and that a vessel arrived there just before he came away with an order from
Old Spain to stop the expedition for the present. Enclosed letter from Samuel Prince
at Wokingham in Berks, came to the office to-day to enquire after his son Thomas
Milsam Prince said to be entered for Georgia. The Trustees therefore send it to you to
do what is proper in case any such person is in the present embarkation. P.S. As the
Trustees cannot answer the expenses of the estimate they desire that only such articles
may be defrayed with the 5oo/. in sola bills you have with you and what shall be found
remaining in the stores, being the only money the Trustees can look upon themselves
as possessed of to answer the expenses of the colony to midsummer 1739.

Answer of James Oglethorpe, Gosport, 4 June 1738. I have received yours by the
Trustees' order. The advices from Augustine prove the care and vigilance of the Trus-
tees who apprised the government of the intentions of the Spaniards and of these
preparations of the Spaniards in April last was twelve month. If that article is true, that
the orders from Spain have delayed the execution of their design, if they have not acted
before I get thither I do not doubt but we shall prevent their doing any mischief after-
wards. With respect to the other affairs the Trustees have acted with the greatest
prudence and caution of which every letter and order of their's is evidence; their last
orders also show that they join a true spirit with their caution. There must be great care

280] AMERICA AND WEST INDIES 1738 14!

taken that they are not known. A ship bound for Carolina goes out in a few days and it
should be well looked to that no advices go by that ship which may be prejudicial to the
service by giving intelligence and preventing the effects of their care. By the accounts
you send me of the state of the Trustees' affairs, there has been more expended in
Georgia than granted by Parliament, but if it is in store and forthcoming it will serve
for the provision of this year. If I find that the circumstances are such as you apprehend
them I shall not issue any of the joo/. sola bills till I have further orders from the Trus-
tees. I do not doubt but I shall set all things to rights. If the governmental affairs could
have been brought so to bear as that I had set out in July or August last, as the Trustees
and I desired, this had been all prevented. Howsoever, as I said before, I do not doubt
but I shall still come time enough to remedy what this delay hath occasioned. I know
there will be a great deal of trouble in it but I am accustomed to difficulties so that they
never make me despair. If there has been any fraud in these certified accounts and that
the persons did not deliver the effects certified to the Trustees' use, but that the certificate
was a piece of roguery agreed upon between the deliverer and the signer, to be sure such
certificates are not binding upon the Trustees though the person signing was employed
by them. Therefore in my poor opinion the Trustees should delay the payment of those
certified accounts till they have the examination from Georgia. The Order of Council is
very satisfactory with respect to the repeal of the ordinance. I have ordered all the ships
to be examined if Samuel Prince is on board. J. Oglethorpe. P.S. I have the Trustees'
order for making an immediate seizure on Causton, his books and papers, and shall see
them immediately executed. This must be kept with the greatest secrecy for if he
should know the orders before they are executed the effect will perhaps be prevented.
I have not trusted even my clerk.

The Trustees ordered a letter to Gen. Oglethorpe to be signed by the accountant
in the following words :

The Common Council have this day sealed the removal of Mr. Thomas Causton
from his office of first bailiff and the appointment of Mr. Henry Parker in his room,
which they desire you to use or not according to the Trustees' letter of znd inst. ; and
Mr. Holland and Mr. Henry Archer being of opinion that after the arresting of Mr.
Causton which must be done at all events but if by legal process to justify the apprehend-
ing and detaining him afterwards it is the most proper, the securing his books and
papers, allowing him the use of his books and papers to make his accounts out by from
Lady Day 1734 and taking the possession of the Trustees' effects, you should be de-
sired only to continue him in safe custody or on sufficient security until his accounts
are examined into. The Trustees desire you would do so and direct Mr. Jones to
examine them and to report to you thereon, and that you would send copies of such of his
accounts when examined and Mr. Jones's report to the Trustees for their perusal with
your opinion thereon. The Trustees therefore desire he may not be sent over to England
for the present but only continued in safe custody in Georgia or on sufficient security
until the Trustees give further directions concerning them. 6 pp. [C.O. 5, 687, pp.
76-82.]

279 Appointment by Common Council of Georgia of Henry Parker to be
June 7. fi rs t bailiff of Savannah in succession to Thomas Causton, hereby

removed from that office. Entry, i p. [C.O. 5, 670, p. 380.]

280 James Abercromby to Council of Trade and Plantations. I beg to
June 8. i a y before you some, and the only, proceedings had in the court of

Exchequer in South Carolina, by which you will see how far that court is established in

142 STATE PAPERS COLONIAL [281

practice. Two commissions of enquiry, one to find office for the king for lands escheated
for want of heirs, the other to enquire into the estate of a felon, were issued out under
the hand and seal of the chief baron and returnable into the court of Exchequer. To
those commissions were annexed writs of venire J arias requiring the provost marshal to
summons a jury out of the vicinity to make inquest of such persons so summonsed.
Some did, others did not, appear; many would not serve. This I apprehend was from
advice some lawyers in the province had beforehand given them, vizt. that they were
not compellable to answer such writs and summonses being issued out and returnable
in a court unknown in the province; and further that as they were persons from the
vicinity of the premises they were not finable for not acting as jurymen, because by the
22nd clause of an Act confirming and establishing the ancient and approved method of
drawing juries by ballot etc., it is there declared that the chief justice and justices of the
peace for the time being shall and are thereby impowered to summons juries on special
occasions for inquests of office etc. out of the division numbered (five or six), which
division contains none but persons residing in or near Charleston, and that no juries or
inquests (except coroners' inquests) shall be drawn in any other manner whatsoever.
So that by the above law you perceive none can serve as jurymen either in the courts of
record or on special inquests, except the coroners' inquest, but such as are drawn before
the chief justice in the manner therein set forth; and by this means taking of inquests for
the king becomes not only extremely difficult but very expensive by carrying a jury
from Charleston to the extremities of the province where perhaps the premises are.
Signed. \\pp. Endorsed, Reed. 8 June, Read 13 June 1738. [CO. 5, $66,fos. 90-91^.]

281 Answers of Attorney- and Solicitor-General to queries about erecting
June 12. a court of Exchequer in South Carolina. They are of opinion that the

crown has by prerogative the power to erect such a court which may be done by letters
patent under the seal of the province by virtue of H.M.'s commission to the governor
for that purpose; that a court so erected would have the same powers as the court of
Exchequer in England; that its proceedings should be agreeable as near as may be to the
practice here; and, doubts having arisen touching the authority of the present chief
baron, that it would be more proper that a special commission should be issued to the
governor authorizing the establishment of such a court and the constitution of the chief
baron and other officers of it. Signed, D. Ryder, J. Strange. i\pp. Endorsed, Reed., Read
13 June 1738. Enclosed,

281. i. Warrant for appointing William Smith to be chief baron of the court of

Exchequer in North Carolina, u May 1732. Copy. i\ pp.

281. ii. Extracts of commission and instructions to Governor Samuel Horsey

relating to court of Exchequer. Copy. i\ pp. [CO. 5, $66,fos. 84-89^.]

282 Harman Verelst to James Abercromby, Attorney-General of South
June 12. Carolina. The Trustees for Georgia desire you will on your arrival at

Charleston cause the enclosed notice to be published in the South
Carolina Gazette to be continued for one month as it was in the London Gazette for April
last, herewith sent. They have directed their secretary in Georgia to send letters for
England through you. When you receive any packet for the Trustees, note upon it the
day you receive it and by what conveyance, and forward the same by the next opportunity,
taking two receipts from the master of the ship, one to be sent by same ship, the other
by the next opportunity. The Trustees will observe the same method in sending to you
packets for Georgia. William Stephens will defray your expenses. Entry, i p. [CO. 5,
667, jo. 73.]

283] AMERICA AND WESt INDIES 1738 143

283 Same to William Stephens per Mr. Abercromby on Samuel, Capt.

June 12. Percy. The Trustees acknowledge receipt of your letter of 27 February
lce ' last and journal from 18 January preceding, with which they are very
well satisfied. They have received a representation from the inhabitants of Highgate
concerning the land on which they are settled, copy enclosed. You, with Henry Parker,
are to view their lots and report to the Trustees how far their complaints are grounded.
If it appears to you that any of the said inhabitants has not sufficient good land to
subsist himself, you are then to order the surveyor to set out five acres of the best land
unset out and nearest his lot, he resigning the like quantity of the most unprofitable land
lying least convenient for him. As to the cows and calves mentioned in the said rep-
resentation, they are to be immediately supplied therewith if they have not before been
delivered to them.

The Trustees for the convenience of a safe and regular correspondence having
directed you to give notice to the inhabitants of Georgia to bring or send their letters to
you once a fortnight to be forwarded to England by every opportunity that next offered,
they now repeat that Mr. Causton and everyone else should bring or send their letters
to you to be put up together in one packet or box to be sealed with your seal and for-
warded regularly to Charleston (when opportunities for England directly do not then
offer) directed to James Abercromby, H.M.'s attorney-general of South Carolina, who
has accepted of the care of the Trustees' packets and letters to be forwarded to and from
England, his charges to be defrayed out of the contingent expenses of the colony.
Letters for Charleston are to be in a separate parcel and directed to Mr. Abercromby.
When opportunities offer of sending to England directly, deliver your packet to the
master of the ship taking two receipts, one to be forwarded by the same ship to demand
the packet here, the other by the next opportunity. The Trustees have desired Mr.
Abercromby to publish in the South Carolina Gazette for a month together the notices
sent to be affixed to the storehouses doors at Savannah and Frederica, expense to be
defrayed to him out of contingent expenses.

The accounts you have sent the Trustees from Frederica and the southern settlements
are very pleasing and satisfactory. They wish there could be the least resemblance of the
like accounts from the northern settlements. The Trustees observing by a list of
servants imported by Capt. Hewitt that several of them are employed in working at the
crane, they desire to know what allowances are made by persons landing or loading
goods on their own accounts, which ought to be if it has not been made towards the
expense of maintaining the said servants. You are further to see what servants are em-
ployed in the garden and, in case there are not sufficient hands already employed, that
the number be made up four out of the Trustees' servants now under Mr. Bradley's
care, of which you are to give him notice. The Trustees also desire to have some further
explanation what endeavours have been used and by whom to seduce Mr. Camuse away
from the service of the colony in the management of the silk; they are very glad to hear
that that evil intention is timely stopped. They desire you will in your future journals
leave a margin on both sides that they may be bound together. You are to deliver the
letter to Mr. Causton herewith sent you and take his receipt. The boats mentioned in
the estimated expenses for 1738-9 to be employed as seaboats at Tybee and Frederica,
General Oglethorpe will deliver when he arrives. Acquaint Henry Parker that the
Trustees have advanced another year's rent to Mary Cooper for her house rented by
him; that money may be applied towards the established allowances from midsummer
1738. John West having named David Provoost junior of New York, merchant, to
succeed to the lot late Joseph Hughes's, and Captain William Thomson having agreed
thereto, he will bring over with him the approbation of the Common Council to the

144 STATE PAPERS COLONIAL

said nomination. Entry. P.S. Mr. Causton having sent the Trustees further accounts of
Mr. Bradley's, please deliver copies of them herewith sent you to Mr. Jones to whom
Mr. Bradley's accounts are referred. 3 pp. [CO. 5, 66j,Jos. 69^-71.]

284 Harman Verelst to Thomas Causton, by Samuel^ Capt. Percy, and by

June 12. Charles ; Capt. Reid. Since the Trustees' letter of 19 May, the following
ice ' certified accounts have been brought to the office for payment, which
the Trustees have absolutely refused: 28 February 1737/8, David Provoost, 3487. zs. id.\
7 March, Messrs. Minis & Salomons, 1247. zs. %d. and 9o/. \<,s. 5^.; 8 March, Messrs.
Woodward & Flower, 45 o/. is. }d.\ 9 March, John Provoost, 2967. 91. lod. ; 15 March,
Messrs. Ellis & Ryan, 2437. 15^. 4^.; 20 March, Samuel Tingley, 144!. i6s. ^d.\ which
being added to the u,684/. i6s. -jd. makes 13,3827. 19^. -jd. come to your hands since
midsummer 1737, of the application whereof and the necessity of such expenses the
Trustees have not received any account. But on the contrary, your letters of advice of
many of these certified accounts mentioned the parcels being taken by you for the
encouragement of the persons bringing them. The Trustees cannot conceive any
possibility of consuming these vast quantities of provisions while they are good and
those spoiled will be a dead loss. They are much surprised and cannot imagine what
could induce you to receive everything that was brought you in the manner you have
done not only without orders from them but without the things so received being sent
for or wanted, and also many of the cargoes containing parcels among them in no
manner fit for the Trustees to concern themselves in buying, their business being only
to provide the proper species of provisions fit for those they contracted to provide for
who were not to be fed with dainties but with food agreeable to what they were after-
wards to raise for themselves by their labour.

The Trustees wait with impatience to know the receipt of their orders for your
certifying no more accounts and to know from you how many you have certified lest
there should be any outstanding which have not yet appeared; for they can form no
proper resolutions until the whole is known. In the meantime Capt. Thomson will
bring you back for payment the account you certified to him 2 1 January last amounting
to 4697. is. i^d. y whereof 1837. 8.r. i%d. is stated for parcels received in the Trustees'
store, of which parcels the paint is over-computed jx. i\d. and the other part of the
account is all for parcels sold to private persons which you state the Trustees Dr. for to
Capt. Thomson although the several amounts are all entered as advanced to the said
private persons, and that not by the Trustees but yourself, which make in the whole
2857. 13^., whereby the said certified account amounts to 4687. 15^. 6</., which the
Trustees have also absolutely refused the payment of and Capt. Thomson must seek
payment from you. As to what was received in the store, it was so received without the
Trustees' authority; but if the parcels are in store and not spoiled or have been applied
in the defraying any expenses the Trustees ordered to be made, then you may apply the
Trustees' sola bills in your hands in payment thereof. But as to the values of the parcels
advanced to private persons, you must take care to make those persons pay the captain
for the same, he saying he trusted them on your credit, and if any of them are entitled to
any payments from the Trustees pursuant to orders already given, the captain may
receive such payments on their accounts in sola bills in discharge of their debts to him.
This certified account is besides the 13,3827. 19^. -jd. stated.

[Orders to William Stephens concerning sending of private letters from Georgia and the
rent of Mary Cooper's bouse are repeated here. See No. 283.] The Trustees have also
paid the rent of Peter Gordon's house to Lady Day last; but the rent from Lady
Day is payable to Major Cook's daughters. Entry. P.S. The Trustees received your

286] AMERICA AND WEST INDIES 1738 145

letter of i March last and have sent copies of Mr. Bradley's further accounts to Mr.
Jones to whom his accounts are referred. Your reasons for receiving provisions and
certifying accounts are no way satisfactory to the Trustees. What your further answers
on this occasion may be is a future consideration. z| pp. [CO. 5, 66j,fos. -ji

285 Governor William Mathew to Duke of Newcastle. After incurring
June 12. H.M.'s displeasure I could never have continued governor of these

islands to this day but through your favour and intercession with H.M.
on my behalf. I assure you I have and ever shall retain a most grateful and dutiful sense
of your great goodness to me. All I can learn from my friends at home is that they
apprehend the French king will recall his most severe edict and that restitutions are
mutually to be made of all seizures where no actual trade was proved or no strong
circumstances appeared to prove from the nature of the lading etc. an intention for
trade. But still the evil of this illicit trade continuing and H.M. as by his instructions and
the French king by his edict having sufficiently declared their intentions an end should
be put to it, I presume new instruction and a new edict will issue for that purpose ; and
I beg leave to lay before you that this service can never be effected by H.M.'s governors
and the French governors but by their acting de [sic] concert and assisting each other as
was my very first proposal to M. Champigny, governor of the French islands. I must
not take up too much of your time by a long letter. I have explained wholly on this
service to John Spooner, H.M.'s solicitor-general for these islands, who will have the
honour of delivering this to you, who from his many years residence here is as well-
informed as anyone can be of what H.M.'s service requires here on this and every
occasion, and with whom I have drawn a plan for completing with the French the
destruction of a trade injurious to them and of utter ruin to us, which he will offer to
you. Signed, z pp. Endorsed, Reed. 24 August by Mr. Spooner. [CO. 152, 44, fos. 114-
115*]

286 Governor Gabriel Johnston to Council of Trade and Plantations.
June 13. Being lately informed that the gentlemen of South Carolina are making
ape ear< some attempts to induce you to set aside the boundary line betwixt

them and this province as the same was settled at their own request about three years
ago, I offer what follows to your consideration. It cannot easily be forgot what difficul-
ties occurred and what warm disputes passed concerning this affair for the first five or
six years after H.M.'s purchase. Upon my arrival at Cape Fear anno 1734, in the first
letter I had from the governor of South Carolina, he was anxious to know if I had not
brought over a more plain instruction about the dividing line. When I assured him I had
not but did design to put the old instruction into execution, early in 1735 three com-
missioners were appointed with full powers from the governor, council and assembly
of South Carolina to adjust that matter with other commissioners to be appointed by
this province. The commissioners from South Carolina came into this colony and
desired that, without adhering with too much rigour to the words of the instruction
which favoured our pretensions very much, we would agree to such reasonable proposi-
tions as they designed to make us and then join our endeavours to get this agreement
ratified at home. An agreement was accordingly drawn up in full and ample form,
signed, sealed and exchanged by the commissioners of the two provinces, ratified by
their respective constituents, and the most difficult part of the line actually marked in
pursuance of this agreement. Soon after I had the honour to acquaint you with the
transaction and you assured me in your answer that you would show great regard to
this solemn and peaceful decision of an affair that had formerly been the occasion of

10 XLIV

146 STATE PAPERS COLONIAL [287

much wrangling and contention.

Since that time H.M. has granted to some merchants in London 1,200,000 acres of
land in this province, a great part of which is ordered to be laid out on the head of
Pedee river and just within the dividing line as it was agreed to by the commissioners;
and this, it is presumed, may be looked upon as an actual confirmation on H.M.'s part
of this division of his two provinces. The surveyor-general of this colony has been
actually employed in this survey for some months past and must continue still a long time,
attended with a great number of men and horses with provisions, so that this article
alone must cost the gentlemen concerned a great sum of money besides their charges in
soliciting that matter at home. And all this must be lost to them if the desires of South
Carolina are complied with. Upon the whole it is submitted to you whether an agreement
which these gentlemen came into this province to solicit, which they consented to with
great joy, which they afterwards ratified and partly carried into execution, an agreement
which you approved of and has in some measure the royal sanction, ought to be set aside
purely to gratify these gentlemen's humours; or whether it is not very probable that, as
they were at first very uneasy under the royal instruction on this head, though drawn in
the manner they desired, and are now dissatisfied with their own agreement, any con-
cession now made will give them any lasting satisfaction or prevent you from future
applications on this affair. It is hoped that at least you will hear what can be said in
behalf of this province before any alteration is determined. Signed. 3 pp. Endorsed, Reed.
20 December 1738, Read 10 January 1738/9. [C.O. 5, 295, Jos. 140-141^.]

287 John Adams to Duke of Newcastle. Governor Philipps, Governor

June 13. Belcher and Lieut. -Governor Armstrong have each promised to

Annapohs Royal. recommenc j me to vour f avO ur. But lest they forget I beseech you will

put the enclosed petition into the king's hand. Signed, i small p. [C.O. 217, $%fos. 202-

288 Minutes of meeting of Trustees for Georgia. The accountant ac-
June 14. quainted the Trustees that a Bank receipt for 3597. paid in by Aid.

a ace ourt. Heathcote to balance his imprests came to his hands since last meeting
and was exchanged with the Bank i3th inst. \p. [C.O. 5, 6%j,p. 83.]

289 Benjamin Martyn to William Stephens by [James] Abercromby. In
June 14. your letter of 27 February 1737/8 and in your last journal you make

Georgia Office. ment j on o f a right claimed by the grand jury at Savannah to administer
oaths and make an enquiry thereon into all such matters as they think fit to examine
into. The Trustees are sensible that great mischief may be done by ill-designing men
who may get into the same panel if this claim were allowed of; and they therefore
acquaint you, and by you the people, that the grand juries have no right to administer
any oaths and that their claim is entirely without any foundation either of custom or
law. Entry. P.S. Acquaint Mr. Causton that the journal mentioned in his letter of i March
has never been received. The Trustees desire to know how the Sterlings and that knot
of people are supported since they live in such an idle manner in the town and take no
measures to support themselves by cultivating their lands, i p. [C.O. 5, 66j,fo. 68.]

290 Harman Verelst to General James Oglethorpe on Elandford man-of-war
June 14. at Spithead. The Trustees know by Capt. Daubuz who left Savannah

Georgia Office. ^ n pgj-jj^jy j ast t h at un less speedy care be taken the lighthouse at

293] AMERICA AND WEST INDIES 1738 147

Tybee will fall; it is thought that the cost of the necessary work will not exceed ioo/.
They desire you would give directions for it. Entry. \p. [C.O. 5, 66j,fo.

291 Council of Trade and Plantations to the King, recommending
June 14. Reverend Walter Thomas to be of the council in St. Christopher's in

the room of John Garnett, who has removed to South Carolina.
Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. i p. [CO. 153, 16,
fa. 72 .1

292 Proposals of Henry McCulloh on behalf of John Cartwright and his
[June 14.] associates. They are willing to undertake the settlement proposed

in South Carolina in an uncultivated part between the rivers Santee and Watree under
the following conditions: that they be allowed 200,000 acres, to be surveyed in four
parcels of 50,000 acres as contiguous as may be but no parcel to be more than ten miles
from another; that these parcels be granted by the governor to Mr. Cartwright in such
proportions as required by him but no proportion to contain less than 12,000 acres;
that Mr. Cartwright pay no greater fees than in proportion to what has been taken in
running out the townships in that province; that all grants be made by the governor
immediately upon the return of the surveys to him and that they all bear equal date ;
that the quit-rents of 4^. proclamation money per ioo acres begin ten years after the
grants ; that in case mines be found one-fifth of gold and silver ore and one-tenth of
other mines and minerals be reserved to H.M. Signed^ for Mr. Cartwright and associates,
Henry McCulloh. i p. Endorsed, Reed. 14 June, Read 16 June 1738. [CO. 5, 366, fos.
92-93^.]

293 Account delivered by Col. Samuel Horsey of the several forts in South
June 16. Carolina, showing guns mounted and how many are said to be neces-

sary to complete. Johnson's Fort: mounted 5, to be added 20. White Point, Ashley
River, a new fort: mounted none, to be added 30. Granvill Bastion: mounted 12, to be
added 3 . Craven's Bastion : mounted 7, to be added 7. Curtain Line on bay of Charleston :
mounted 3, to be added 17. Hog Island: mounted none, to be added 10. Winyaw, a
new fort: mounted none, to be added 10. Edestoe River, a new fort: mounted none, to
be added 6.

At Port Royal. Fort Frederick : mounted none, to be added 20. St. Helena Island, a
new fort: mounted none, to be added 12. Hilton Head, a new fort: mounted none, to
be added 12. Total: 27 mounted, 147 to be added.

By this account received from Mr. Hammerton, secretary to the province, it appears
there are in the province 27 mounted guns, 45 unmounted; total fit for use, 72. N.B.
These were the guns sent from England in 1732 and are all the province ever had given
them. In April 1737 Capt. Sutherland, commander of Johnson's Fort, reports that there
were 23 pieces of cannon all unserviceable (except two sakers), being honeycombed and
under metal by one-third part, which in case of service or use when hot would split.
These were bought at several times out of ships and are of diverse sorts. The 72 cannon
(22 eighteen-pounders, 20 twelve-pounders, 20 nine-pounders and 10 six- or four-
pounders) from England are very good. From these accounts the state of the artillery
appears to be 95 pieces in all, of which 21 may be deducted as unserviceable. It is said
they have only 500 smallarms in the magazine. Signed. 2 pp. Endorsed, Reed., Read 22
June 1738. [CO. 5, 366, jos. 97-98^.]

148 STATE PAPERS COLONIAL [294

294 Philip Bearcroft to Earl of Egmont, introducing Mr. Norris the
June 16.^ bearer as willing to undertake the office of missionary for Georgia.

The S - P - G -> to which he was recommended by the Primate of Ireland,
has no vacancy. The affair with the Duke of Grafton hangs yet in
suspense. Signed, i small p. [C.O. 5, 640, Jos. 124-125^.]

295 Governor William Mathew to Alured Popple. I send in a box under
June 17. the care of Capt. John Lamb the duplicates of the three Montserrat

laws, the originals of which I transmitted to you 16 May last; and to
these I have added another Montserrat Act entitled an Act for repairing Plymouth Fort
and magazine etc. I have no other public papers to send. Signed, i small p. Endorsed,
Reed. 17 August, Read 3 October 1738. [C.O. 152, 23, fos. 157, i^d, 160, i6o</.]

296 David Dunbar to Council of Trade and Plantations, enclosing accounts
[June 20.] o f disbursements on the new settlement at Fort Frederick. When I

began those settlements I was to have nothing until H.M. thought me deserving of
consideration. At that time I hoped that an allowance might be made out of the crown's
quit-rents. Obstructions from the governor and people of Massachusetts have proved
my ruin. For clearing some of the land I paid 501. sterling an acre and for other of it 6s.
a day New England money. I intended to sell the cleared land but, waiting till the
opposition should be over, I never sold an acre. I will make affidavit that 5,5oo/. would
not make me amends for my expenses, costs, damages, insurance of life and interest
paid and to be paid. I enclose a schedule of papers now lodged with your secretary.
Signed. 3 small/)/). Endorsed, Reed. 20 June, Read 21 June 1738. Enclosed,

296. i. Schedule of papers in four bundles, i p. Endorsed, as covering letter.
296. ii. Abstract of Col. Dunbar's account of expenditure on new settlements at
Frederick's Fort. All the accounts should have been more methodical but that I
never imagined I should have occasion to solicit payment. Col. Dunbar took up
1 1, 93 1/. 7-r. }\d. New England money towards the settlements. He has paid towards
satisfaction of this 7,6yo/. and yet owes 8,57o/. including interest. Besides this he
has to pay or is to pay above i,5oo/. unjustly awarded by undue influence of Governor
Belcher. Signed, z pp. Endorsed, as covering letter. [CO. 5, 880, Jos. 301-306^.]

297 Benjamin Marty n to Andrew Stone, transmitting the enclosed for the
June 21. Duke of Newcastle. Signed, i small p. Enclosed,

297. i. Affidavit of Joseph Preu, sworn at Savannah, 1 2 April
1738, before Henry Parker and Thomas Christie. On 26 August 1737 deponent
arrived at Havana in the sloop Unity; about 20 September he was seized and made
prisoner. It was publicly known there that the governor of Havana was preparing
a force to invade Georgia and that he had provided two 6o-gun ships, one 3o-gun
ship, two 24-gun ships and two 8-gun sloops. There was talk of embarking 7,000
men. About the beginning of March, orders came from Old Spain to put a stop to the
invasion and on 26 March deponent saw the two 6o-gun ships unrigged and hauled
up; but the others remained in a condition to sail. Deponent was taken to St.
Augustine in one of the 24-gun ships with a small ship, two snows and a schooner
as transport, 5 oo soldiers and 80 Spanish servants : they arrived at St. Augustine on
2 April. In the harbour were i Spanish sloop, 6 galleyats, 37 lances and pinnaces
and two English sloops. During his stay there, a proclamation was read promising
freedom to slaves that should run away from the English. The 24-gun ship with one
sloop sailed on a cruise on 7 April. Most of the small craft at St. Augustine sailed

300] AMERICA AND WEST INDIES 1738 149

for Havana on 14 April. Deponent came to Savannah on the Bea/tfort schooner,
James Howell, master. Copy. i pp. Endorsed, Enclosed in Mr. Causton's letter of
20 April 1738. [CO. 5, 6^4,Jos. 154-157^.]

298 Governor William Mathew to Alured Popple. I have delivered to

June 21. Capt. Manesty a box containing two Acts of Antigua. The first is for
raising a levy of above 2o,ooo/., a vast sum for so small an island, but
the great expense the negro plot occasioned and the debts accruing from last year's very
small crop made this great tax unavoidable; as to the rest it is in the usual form of tax
acts. The other is a law to reduce interest from ten to six per cent. This law met with
some opposition from some of the factors in trade here, and they were heard by their
counsel against it but they very poorly supported their allegations. However I should
have insisted on its having the suspending clause till H.M.'s pleasure should be known
but that other such laws are in force in other islands, that the opponents allowed the
usual 10 per cent, interest was exorbitant and proposed a reduction though but to 8 per
cent, instead of 6, and that the law takes place not in less than four months, a reasonable
time for any merchants in England to employ his money elsewhere if 6 per cent, be too
small an interest in Antigua. The preamble gives very strong reasons to prove this law
was greatly wanted; it has no retrospect; and none but the most voracious usurers can
object to it. Signed. 2 small pp. Endorsed, Reed. 17 August, Read 3 October 1738. [CO.
152, 23, /w. 158-159^.]

299 Council of Trade and Plantations to the King, enclosing the following.

June 21. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert, i p.
Whitehall.

299. i. Draft of additional instruction to President Dottin of Barbados relating
to fees due to Francis Whitworth. See No. 382. i. Entry. 2. pp. [CO. 29, 16, pp.
68-71.]

300 Same to same, recommending the disapprobation of an Act passed in

June 21. Antigua in April 1737 for the trial of John Coteen, a free negro man,
lte ' and Thomas Winthorp, a free mulatto man, etc. Mr. Fane is of opinion
that as this act is intended in this particular case to alter what has always been the un-
varied law of that country not to admit slaves to give their testimony in courts of justice
against free persons and made long after the crime was supposed to be committed, it is
of a very extraordinary nature and may be a precedent highly dangerous to the lives and
properties of your free subjects; to which he adds that he has been informed the persons
whose evidence was made use of against the said Coteen and Winthorp were actually
under conviction for the crimes of treason and rebellion and therefore also in point of
law under another incapacity. We further observe that this law, being so extraordinary,
ought to have had a clause suspending the total execution thereof till your pleasure
should be known. But instead the suspending clause in this act goes only to respite the
pronouncing of sentence till your pleasure shall be known, and in the meantime they
have actually proceeded to the trial of Coteen and Winthorp. For all which reasons, as
well as because no evidence has been laid before us either to support the preamble of
this act or any necessity for the passing thereof, we lay it before you for disapprobation.
Entry. Signatories, Monson, M. Bladen, R. Plumer. i\ pp. [CO. 153, i6,fos. jzd.-j$d.]

150 STATE PAPERS COLONIAL [30!

301 Same to same. Pursuant to your order in council of 25 May last we
June 21. have prepared a draft of an instruction for the governor of South

Carolina directing him to recommend to the council and assembly of
*hat province to prepare an Act for settling the Indian trade to the mutual satisfaction
ind benefit of South Carolina and Georgia. Entry. Signatories, Monson, M. Bladen,
R. Plumer, R. Herbert. \\pp. Enclosed,

301. i. Draft of instruction to Governor Samuel Horsey. Entry. 2. pp. [C.O. 5, 401,
pp. 269-272; draft in C.O. 5, 381, Jos. 275-277^.]

302 Same to same. Pursuant to your order in council of 25 May last we
June 21. have prepared draft of an instruction for the Trustees for Georgia

recommending them to prepare an Act for settling the Indian trade to
the mutual satisfaction and benefit of Georgia and South Carolina and to direct their
commissioner in Georgia to grant licences to such Carolina traders who shall apply for
the same and bring certificates from the governor and council of South Carolina that
they are proper to be licenced and not to levy the sum of 5/. or any part thereof on the
said Carolina traders. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert,
i \ pp. Enclosed,

302. i. Draft of instruction to Trustees for Georgia. Entry. z\ pp. [C.O. j, 401,
pp. 265-268; draft of covering letter in C.O. 5, 381, fos. 273-274^.]

303 Same to Committee of Council. Pursuant to your order of 27 May
June 21. i as t we have considered Henry McCulloh's memorial with some

proposals thereto annexed. We believe several of the facts therein
stated to be true. And although the accounts we have received from successive governors
in some of those colonies with relation to grants and quit-rents have been very different,
more especially in North and South Carolina, lately purchased by H.M., which makes it
extremely difficult if not impossible for us to lay before you a true state thereof or to
propose proper remedies for the abuses now practised there; yet as we are convinced
H.M.'s instructions have not hitherto had their proper effect and that the crown has been
and is still greatly defrauded in its revenues in these colonies, we are of opinion that it
might be for H.M.'s service that an officer should be appointed with proper powers and
instructions to enquire into the frauds, encroachments and abuses relating to the grants
and quit-rents in the colonies of North and South Carolina according to the purport of
the memorial. Entry. Signatories, Monson, M. Bladen, R. Plumer. 2 pp. [C.O. 324, 12,
pp. 240-241.]

304 William Wood to Council of Trade and Plantations. The many corn-
June 21. plaints relating to paper bills in so many of the Plantations have

induced me to send you the following. If you have objections to it
or want explanations I will endeavour to satisfy you. I have not imparted this paper to
any body of merchants in general but only occasionally to three gentlemen of this City,
two of Bristol, two of Liverpool and to each separately, who every one approve it.
Signed, i small p. Endorsed, Reed. 21 June, Read 22 June 1738. Enclosed,

304. i. Proposal to remedy the mischiefs in the issuing of paper money and
raising the coin. There should be a gold and silver coinage with 'America' stamped
on each piece. It should be put in circulation through the army, navy and the mint.
The coins should not be exported from the colonies to foreign possessions but only
to other colonies and to this kingdom. No other coins than these to pass in the
Plantations otherwise than by weight. [Further particulars given] z pp. [C.O. 323, 10,
fos. 1 3 2-

309]

305 Thomas Hill to Francis Fane, enclosing Act passed in South Carolina
June 21. in August 1731 for drawing juries by ballot and for administration of

justice in criminal causes, for reconsideration together with objections
to the said Act by the chief justice of South Carolina. Entry, i p. [C.O. 5, 401, p. 264.]

306 Minutes of meeting of Trustees for Georgia. Read letter from Thomas
June 21. Causton dated 20 April 1738 with copies of several affidavits and

Jrtt letters. Read letter from Thomas Jenys dated 24 April 1738. Ordered
that an answer be sent to Mr. Jenys. The affidavit of Joseph Preu [see No. 297. i.] being
read, ordered that the secretary enclose it in a letter to Andrew Stone and desire him to
lay it before the Duke of Newcastle, i p. [C.O. 5, 687, p. 84.]

307 Benjamin Martyn to Andrew Stone, enclosing copy of affidavit of

June 21. Joseph Preu from the magistrates of Savannah, which the Trustees
Georgia Office. ^.^ be ^ before ^ Duke Q Newcastle Enfrj ^ .1 ^ [ C Q ^ 66?>

Jo. 73*]

308 John Cartwright to Council of Trade and Plantations. As you do not
June [21]. approve of that part of the proposal in my petition that regards the

survey of the lands in running them out in sixteen different tracts, I have consulted with
my associates and find them willing to undertake the settlement and to prosecute it with
vigour provided you allow us to take up the lands in four different parcels of 50,000
acres each and admit us to take out separate grants of the lands in such proportions as
may be most for the advantage of the undertaking; but no grant to contain less than
6,000 acres. This affair will be attended with great expense which inclines me to hope
that you will not insist upon any conditions that may clog the undertaking, particularly
in what regards the number of white persons that is to be settled on the lands petitioned
for, the number of people already proposed being more than a sufficient security for
the payment of quit-rents ; and when they are supplied with a proper number of slaves
to manure the lands it will answer all the ends proposed in settlements of this nature.
Signed, i p. Endorsed, Reed., Read 21 June 1738. [C.O. 5, 366, Jos. 94-95^.]

309 Council of Trade and Plantations to Committee of Privy Council.
June 22. Pursuant to your order of 27 May last we have considered the petition

iite a . Cartwright for lands in South Carolina. We have been

attended upon this occasion by Mr. McCulloh, agent for Mr. Cartwright, who has
informed us that the petitioner and his associates are willing to undertake the settle-
ment proposed in South Carolina in an uncultivated part of the country between
Santee and Watree rivers under the following conditions: [see Nos. 292, 308] Although
the quantity of land proposed to be settled in this manner is very great amount-
ing to 500 acres for each person designed to be settled thereon, yet considering Mr.
Cartwright and his associates propose not only to transport the said 400 persons at
their own expense but to provide every other thing necessary for them and that they will
not make the settlement on other terms, and as an undertaking of this nature would be
advantageous to the province where there are vast tracts of lands not yet cultivated and
such settlement will increase the quit-rents and be the means of improving the trade of
the said province, we must submit it to you whether it may not be for H.M.'s service to
comply with the petition on the foregoing conditions except as to the payment of fees
which we think should be after the usual rate; and in case H.M. should approve these
conditions, that the governor of South Carolina should be instructed to grant Mr*

152 STATE PAPERS COLONIAL [310

Cartwright and his associates the lands he desires in the manner abovementioned and to
take care in the grants to be made for this purpose that no part thereof be already
granted to any other person and that he do insert a clause in the said grants to make
the same void as to so much of the said lands as shall not be settled within ten years
according to the proportion of one white person for each 500 acres of land with a
proviso that till such time as the crown shall think fit to resume the said lands as forfeited
for want of being settled within the said term of ten years the grantees be obliged to pay
the quit-rent for the same. Entry. Signatories, R. Plumer, Monson, M. Bladen. 6| pp.
[CO. 5, 401, pp. 272-278; draft in CO. 5, 381, Jos. 278-281^.]

310 John Scrope to Nicholas Paxton. The Lords Commissioners of H.M.'s

June 22. Treasury upon reading the enclosed papers direct you to lay the

Chambers several cases arising therefrom before H.M.'s Attorney-General and to

pursue with diligence such orders as he shall think fit to give therein.

The papers are a memorial from the Auditor of the Plantations dated 19 June 1738 for

defending the crown's right and interest in a contest between the council of Virginia

and Lord Fairfax relating to a large tract of land there, and two memorials from Mr.

Whit worth. Copy, i small p. Endorsed, Reed., Read 21. February 1738/9. [CO. 5,

311 Forms of receipt given by the receiver-general for quitrents payable in
[June 22.] South Carolina and of entries of the same in the journal of the receiver-

general. i^ pp. Endorsed, 22 June 1738. Given in at Col. Bladen's desire by Mr. Ham-
merton. [CO. 5, 366, fos. 99-100^.]

312 Memorial of David Dunbar, Surveyor-General of H.M.'s Woods in
[June 23.] North America, to Council of Trade and Plantations, praying that a

stop be put to a grant by the governor and five or six of the council of New Hampshire
of land about the northern part of that province which contains a tract of ground bearing
large white pine trees which memorialist has already represented as fit and to be reserved
for the Navy. Signed, i p. Endorsed, Reed., Read 23 June 1738. [CO. 5, 9So,Jos. 307, 307^,
310, 310^.]

313 George Dunbar to Harman Verelst. We were in hopes that the
June 25. general would be here as soon as we and now we look wishfully for

him every hour. The men, since they have gone to their several
garrisons, have preserved their health so wonderfully that when I left St. Simon's on
1 9th we had but one man and one woman sick and they carried their ailments with them
to the country. Upon our arrival there were 3 3 sent to hospital at Savannah, of which
five died and three are now sick; the rest have already or are now ready by the first
opportunity to join their companies. Our small houses at St. Simon's are by this time I
hope finished, 14 foot by 12 foot for every six men, and I am told they are as forward
at St. Andrew's. The men are so delighted with the country that I am convinced they
would not change their situation with any regiment the king has, and how much more
so when they begin to reap the benefits our general's presence and a few years industry
will bring them. I have five men at work on the farm lot the general gave my sister at
Frederica, and I hope to contribute a little to remove the prejudices some industrious
enemies of industry and the colony have maliciously spread (that planting will not do).
If there is any embarkation of servants from Scotland this year, I will be obliged if you
would mention to the Trustees to allow me the passage of ten servants to be put on

316] AMERICA AND WEST INDIES 1738 153

board by my friends at Inverness and I will pay the passage here in a short time after
their arrival. Of this I write to Mr. Hossack and recommend to him to send me them
of the age of about 15 or 1 6 years rather than grown men, and if you write him you may
mention this. I intend them for my joo-acre lot on the Altamaha which the general
intends to give me for what I now have on this river. I hope the primage is paid to
Mr. Grant. Signed. P.S. Be so kind to get the two enclosed letters franked and forwarded.
z\ small pp. Endorsed, Reed. 19 March 1738/9. [CO. 5, 640, fos. 126-127^.]

314 Recommendation by Roger Lacy to Trustees for Georgia that John
June 26. Miller should have a grant of 5 o acres, lot No. 1 2, in township of

Augusta. Signed. \ p. Endorsed, Reed. 13 December 1738. [CO. 5, 640,
Jos. 128-129^.]

315 Royal u r arrant to Lieut. -Governor William Bull to admit Edmund

June 28. Atkins, appointed Councillor of South Carolina. Entry, i p. [CO. 324,
Kensington. ^

316 Minutes of Common Council of Georgia. Mr. L'Apostre acquainted
June 28. the council that on i3th inst. last year's vouchers to 9th inst. were

a ace ourt. excna nged with the Bank and the balance of cash in the Bank then
amounted to 4,226/. os. 6d. The accountant acquainted the council that of this balance
i, 94 1/. stood appropriated for outstanding sola bills, 1,7697. i6s. 6d. for particular uses
and 5 1 5/. 4^. for establishing the colony, which last sum will be increased when payments
of last year are posted ; and that a draft had been made on the Bank to Aid. Heathcote
for i,ooo/. for sola bills and another for 5oo/. to Aid. Heathcote for the future service
of the colony. Certified accounts were brought for payment as follows: 227/. i8j. 6|-</.
from Rhode Island, dated 27 March 1738; 349/. ijs. 6d. to Robert Williams & Co.,
dated 17 April 1738; 2417. 19^. 9^. to Ellis & Ryan, dated 28 April 1738; resolved that
the said accounts be sent back to Thomas Causton, they being certified contrary to the
order of the council.

Read report from committee of accounts 14 June 1738 that they find 40 menservants
by the Two Brothers were sent to the Darien to Lieut. Moore Mackintosh who was
authorized to offer one to each freeholder there on security to pay 8/. in twelve months
and to employ the remainder in sawing timber, and that ten women, a boy and a girl
were also put under Lieut. Mackintosh for use of the Trust. The committee are of
opinion an account should be sent from Lieut. Mackintosh to be certified by the magis-
trates at Frederica to show to which freeholders any of the said 40 servants have been
disposed of and in what service the others have been employed. The committee con-
sidered the grant of 300 acres for religious uses of the colony and were of opinion that
seven of the servants from Scotland under Lieut. Mackintosh should be immediately
employed in the cultivation thereof, and the remainder offered for supplying people at
Frederica who want servants. Of the other servants brought from Scotland, George
Duncan is returned as sick at Savannah in the list dated 21 January 1737/8; an enquiry
should be made what is become of him. The Trustees should bear the expense of the one
woman-servant in the service of William Stephens, one in service of John Brown and
one in service of John Vanderplank's widow. Committee submits whether Archibald
MacBean should pay or not for two menservants. Sir John Lade should pay for the one
woman-servant in service of Grace Redford. All other servants amounting to 37 in the
service of the following must be paid for by them or Mr. Causton stands accountable :
Thomas Causton, Laughlan MacBean, Alexander MacLean, Benjamin Mackintosh,

154 STATE PAPERS COLONIAL [317

Lieut. John Moore Mackintosh, William Mackintosh, Kenneth Baillie, James Anderson,
John Brodie and Thomas Upton.

The committee also find by a list of servants from Germany who arrived in Georgia
24 December last by the Three Sisters, 29 men, 27 women, 16 boys and 1 5 girls are under
the care of Mr. Bradley. 10 men, 10 women, 7 boys and 13 girls were employed at the
crane and in the garden, 2 men, 2 women, i boy were assigned to Capt. Gascoigne,
2 men, 2 women, 2 boys and 2 girls were sent to the millwrights at Ebenezer; Mr.
Causton had 9^ heads of the said servants to his own use. Of the 71 2/3 heads under
Mr. Bradley, several have been freed by masters who had leave to repay the charges of
sending them. The committee are of opinion that such as shall not be freed before six
weeks granted for that purpose, after providing 7 for cultivating the land for religious
uses at Savannah, 2 which are ordered with their wives for Henry Parker and 2 for
Thomas Christie, should be employed in the cultivation of Bouverie's Farm. The
committee considering Mr. De la Motte had served as catechist are of opinion that io/.
out of the catechist money should be paid him. Resolved that the council agree with
this report and that Thomas Causton be made answerable for the 8/. paid for each of the
servants with which he entrusted Archibald MacBean.

Read report from committee of accounts of 5 June that they had considered two
certified accounts received from August Gotlieb Spangeriberg for work done by the
Moravian Brethren in Georgia amounting to z6o/. ox. lod. and stating the same against
freight and other charges paid for the Moravians for which they gave bond. The com-
mittee are of opinion that the bonds of 21 January 1734/5 and 14 October 1735 should
be delivered up. Resolved that the council agree to this report. Received account from
Mr. Paris relating to law expenses ; resolved to refer it to committee of accounts and to
pay him jo/, on account. Read petition from Messrs. Belanger and Nunez with proposals
for raising cochineal in Georgia; resolved that it be rejected as too extravagant. Read
letter from Adam Anderson setting forth that the S.P.C.K., Scotland, are willing to pay
(over and above the present allowance of 5o/. a year) for the missionary at Darien to
procure servants to cultivate the lands allotted to him, on condition of the lands belong-
ing to the Society's missionary there; resolved that John MacLeod have leave to sur-
render his lot at the Darien to the Trustees and that a 5 o-acre lot be granted towards the
maintenance of a missionary at Darien for so long as the S.P.C.K., Scotland, shall
continue to support a missionary there, the same to be approved by the Trustees. 8 />/>.
[CO. 5, 690, pp. 168-176.]

317 Minutes of meeting of Trustees for Georgia. William Norris being

June 28. recommended by the Primate of Ireland and presenting a letter from
a ace urt. o f London, resolved that when he shall be ordained deacon

and priest he be sent by the first opportunity as a missionary to Savannah, i p. [C.O. 5,
687, A 85.]

318 Harman Verelst to General James Oglethorpe, care of postmaster at

June 28. Portsmouth. I received yours of 26th inst. and am glad you were under

sail after so long a detention though I fear you will not get far without

anchoring or putting back. The certified accounts unpaid now amount to 6,3527. 6s. id.

to which i,ooo/. must be added for expenses in England consisting of the office charges,

Mr. Paris's bill, freight of goods going by Capt. Thomson and unforeseen expense, all

which must come out of the 8,ooo/. granted for this year; so that there is not much

above 6oo/. unappropriated and part of that will go to pay the balance due to Mr.

323] AMERICA AND WEST INDIES 1738 I}5

Chardon's executors and Mr. Jenys's executors. Your resolution therefore of not
issuing any of the Trustees' sola bills without further directions is very well grounded.
The Trustees are very sorry this method of certifying accounts was ever introduced and
that they ever consented to pay any of them. That consent was occasioned by the
representing to them the want of the arrival of their sola bills and was founded upon an
expectation that such methods of certifying accounts could not have subsisted after sola
bills had been received to defray the expenses of the colony. But the contrary appearing
gives the Trustees the greatest uneasiness, not knowing how many more may come
before your arrival in Georgia. The Trustees are very well satisfied with your intended
endeavours to put their affairs in Georgia in the best situation for preventing as much as
possible any inconveniences to them from Mr. Causton's past conduct, and they heartily
wish it may be in your power to do so. I received a letter from Messrs. Crokatt & Seaman
dated 22 April last with a bill of parcels for the osnabrigs they sent to Georgia for the
Trustees' servants amounting to 38/. 5-r. 4<j. They write that the 500 men lately arrived
at St. Augustine with their families were to build barracks on the island of St. John's
to the northward of Augustine and settle there. Entry, i p. [C.O. 5, 66j,Jo. 101.]

319 Benjamin Martyn to Bishop of London. The Trustees have resolved
June 28. to employ William Norris as missionary to Georgia and clergyman at

lcc ' Savannah, and desire you to ordain him deacon and priest so that they
may send him within ten days or a fortnight. They also desire your recommending
Mr. Norris to the Treasury for the usual allowance made to missionaries. Entry. \ p.
[CO. 5, 667 Jo. 74-]

320 Royal warrant to Lieut. -Governor William Bull to admit James
June 29. Crockat, appointed Councillor of South Carolina. Entry. i/>. [CO. 324,

Kensington. ^ p , 112 , }

321 Thomas Hill to Francis Fane, enclosing six Acts passed at Bermuda in
June 29. March last for his opinion thereon in point of law, vizt. Acts for

ascertaining bounds of lands and settling surveyor's fees ; to prevent any person from
having nets longer than 3-^- fathoms; to inforce those who have not paid the impost on
horses ; to renew an Act to prevent attorneys defending titles of lands without giving
security to make good costs; to renew an Act to prevent vexatious suits; for raising
money to pay public debts. Entry. 2 pp. [CO. 38, 8, pp. 295-296.]

322 Same to same, enclosing a bill passed in Massachusetts in December
June 30. jy^y for emitting 6o,ooo/. redeemable by silver and gold, for his

opinion in point of law. Entry. P.S. Also enclosed a draft of what
Governor Belcher thinks necessary to be added to the bill, as likewise his letter to the
Board on that subject, which papers please return. i\ > pp. [CO. 5, 917 Jos. \\\d, 112.]

323 Method intended to be taken in settling the lands petitioned for on
[? June.] Watree river, South Carolina. Houses should be built for the reception

of those that are transported thither and at first they should be supplied with money at a
reasonable interest to enable them to carry on their settlements to advantage; for by
experience it is found that the land cannot be cultivated properly in that climate without
slaves. Such as are settled on those terms engage to increase the number of their servants
yearly in proportion to their ability and the quantity of lands they hold, and that after
they have cultivated a sufficient quantity of land to supply themselves they should be

156 STATE PAPERS COLONIAL [324

obliged in consideration of the lands granted them to clear and fence in some part of the
lands belonging to the original grantees. This method will answer all the ends proposed
in giving grants of this nature ; as the people conditioned for to be transported to that
province are to be settled in the lands they will become a good security for the quitrents ;
and there is no doubt to be made but that when a settlement is carried on properly in
the manner proposed they will draw many of their friends and acquaintances after them,
which will be of great advantage to the colony and an increase to the trade and navigation
of Great Britain. Signed, J. Cartwright. i p. [CO. 5, 366, Jo. 96,

324 Earl of Egmont to Harman Verelst. The bishop has not used the
July 1. Trustees civilly in refusing to see Mr. Norris when recommended by

them, and his putting him off till Monday (when informed that it was

necessary he should be ordained to-morrow) makes me think he will not ordain him;

for which let him answer God. However, I have written myself to him, copy enclosed,

and I advise your going this very morning with it to Fulham and take Mr. Norris that

if my lord consent he may examine Mr. Norris and ordain him to-morrow. Take Mr.

Smith if he has the leisure and inclination to go. I would have you venture the departure

of the ship by waiting till Sunday week in case the bishop should say he cannot ordain

till then but that then he will. If he neither will do it to-morrow nor promise it the

Sunday after, you must look out for another bishop. I would by no means speak to

Dr. Bundy to attend you to Fulham or even to write to the bishop unless there be a

necessity, for I take him not to desire any minister should go unless on the fond foot

he left us for not agreeing to. Yet if there were a necessity perhaps he might write,

though I doubt it, he not having assisted at our meetings even as Trustee. Signed. P.S.

Should you apply to the Bishop of Gloucester tell him I would have waited on him if I

had known he was in town. If any of them scruple to do the work because the Bishop of

London declines it you must summon up your best reasons for explaining the bishop's

reason. Mr. Norris lodges in St. Martin's street, Leicester Fields, at Mr. Brown's, a

tailor's. I hope you will take care to have a board on Wednesday. 2 J small pp. Enclosed,

324. i. Same to Bishop of London, i July 1738, asking that Mr. Norris may be

speedily ordained deacon and priest in order to catch the boat leaving in ten days or

a fortnight. Otherwise several hundred souls will be deprived of public worship to

the great scandal of foreigners settled among them and the exposing them to run

astray and either become deists or by necessity turn dissenters. Copy. 2 small pp.

[CO. 5, 640, Jos. 1 30-1 3 3</.]

325 Bishop of London to Earl of Egmont. I have ordained Mr. Norris
July 3. deacon and am ready to ordain him priest on Sunday next. But I

cannot regularly proceed farther than I have already done till I know
what his salary is and under what authority and direction he is to be. Copy, i small p.
[CO. 5, 640, Jos. 34-35^-]

326 James Oglethorpe to Duke of Newcastle. Contrary winds detained us
Jujy 3-. in St. Helen's Road till 30 June. We then sailed with the Hector, Sir

Plymouth Sound Yelverton Peyton commander, and five transports. We beat up against
the wind but at last were forced to put in here. With the very first
wind we shall proceed. All the men under my command are healthy. Signed. I p. [CO. 5,
654, Jos. 158-159^.]

330] AMERICA AND WEST INDIES 1738 157

327 Council of Trade and Plantations to Committee of Privy Council.

July 4. Pursuant to your order of 27 May last we have considered Col.

Whitehall. ,-v , , r c ,.

Dunbar s petition for some recompense for his great expenses in

building forts and settling people in some lands deemed to be the western parts of Nova
Scotia. In 1729, it being apprehended that the crown had a right to all land between the
Penobscot and St. Croix rivers, Col. Dunbar was empowered by H.M.'s instructions of
27 April 1730 to lay out lands for all persons so desirous under certain conditions. Upon
Col. Dunbar's arrival, he took possession of an old fort called Pemaquid which the
crown had frequently recommended to the Massachusetts government to be taken care
of, and repaired it at a very considerable expense. Col. Dunbar set out six different
townships. In the neighbourhood of this fort and in most of the townships, as we have
been informed by Mr. Tripsach, lieutenant in Col. Phillips's regiment, and Mr. George
Mitchell, Deputy-Surveyor of the Woods and Lands, there were about fifty families
settled, houses built and lands cleared for them, chiefly at Col. Dunbar's expense, which
the said families were to have repaid him. But on application to H.M. in Council it was
found that some other persons claimed the lands whereon these settlements were made,
and an order was made that possession should be restored to such claimers and the
colony dislodged. The persons so settled being dispersed were incapable of making any
satisfaction to Col. Dunbar who by his zeal in making the settlement has been a great
sufferer. On which account, though we cannot recommend the said Col. Dunbar's
pretensions as a direct claim from the crown, we nevertheless think him a proper object
of H.M.'s bounty and compassion. Entry. Signatories, Monson, M. Bladen, James
Brudenell, R. Plumer. 5 pp. [CO. 5, 91 7, Jos. 112^-114^.; draft in CD. 5, 896, fos.
98-99^.]

328 Letter of attorney by Trustees for Georgia to Harman Verelst to
July 5. receive the 8,ooo/. granted by Parliament. Entry, i p. [C.O. 5, 670,

p. 366.]

329 Minutes of meeting of Trustees for Georgia. Read letter of attorney

July 5. empowering the accountant to receive at the Exchequer 8,ooo/.
Palace Court. . , , ,. , , ,

granted by parliament; sealed the same, secretary to countersign.

Received, i z copies of Dr. Coneybeare's sermons preached before the Charity Schools,
4 May 1738, being a benefaction of S.P.C.K. |-/>. [CO. 5, 687, p. 86.]

330 Council of Trade and Plantations to the King. In your instruction to

Jty 6 - Robert Johnson late governor of South Carolina you permit him to

Whitehall A r i_i- ^- i-

assent to Acts for establishing a paper currency, taking care that a

clause be inserted suspending their execution till your pleasure be known. Col. Brough-
ton in May 1736 passed an Act for emitting 2io,ooo/. in paper bills of credit, wherein
there is a suspending clause. We have considered the said Act and had the opinion of
Mr. Fane thereon and also consulted several eminent merchants and planters of and
traders to Carolina, and represent that the general purport of the Act appears to us to be
agreeable to your instruction and has many good clauses and provisos in it; but there
are some particulars therein to which we have objections. There is a clause directing the
treasurer to discount or allow 10 per cent, on all duties inwards which shall be paid into
the treasury in silver or gold which is evidently against the intention of the proclamation
of 1 8 June 1704 enacted into a law in 1707 to prevent the drawing money from one
colony to another by setting an unequal value thereupon to the great prejudice of trade.
There is a provision in this Act for creating a security for an old debt of ioo,o.oo/. in

158 STATE PAPERS COLONIAL [331

paper money now current in that province out of the interest arising by the loan of
iiOjOoo/. part of the new bills, but there is no clause in it to oblige the borrowers to
repay any part of the principal towards the sinking of the said bills which in our opinion
ought to have been provided for by gradual payments annually and should have com-
menced at least upon the acquisition of a sufficient fund for the discharge of the old
debt. We do not therefore lay the Act before you for approbation but propose it may lie
by and that the governor now going thither may be instructed to recommend to the
council and assembly the passing another law for the same purpose not liable to these
objections. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert. 5 $ pp. [CO. 5,
40i,pp. 279-285; draft in C.O. 5, $8i,Jos. 282-285^.]

331 Governor Edward Trelawny to Duke of Newcastle. My last to you

July 7. W as of 26 May by H.M.S. Dunkirk, Capt. Fox. The council and

assembly are now sitting but have concluded nothing except their
having passed a bill to double my salary during my continuance in this government. I
find the militia in a very unserviceable state and that it is not in my power to put it on a
much better foot, though the safety of the island principally depends upon the courage,
number and regulation of that body. It was formerly in a very flourishing condition
with regard to all those points : their alteration from that state to this which they are now
in is owing chiefly to the following causes. By a clause in the Act of Militia it is enacted
that no person shall be obliged to serve in a lower commission than his former, nor one
who has been an officer to serve as a private man. And as the government has of late
years passed through the hands of many governors and presidents there have been very
frequent removals and promotions of officers according to the different judgements of
the successive persons in the administration and their dispositions towards the gentlemen
and others of all ranks and conditions. Besides, as it is not only burthensome and
expensive but often hazardous to serve in any capacity by reason of the frequent and
unsuccessful attempts to reduce the rebellious negroes and of their dangerous incursions,
many have obtained commissions and have been permitted to resign them immediately
in order to be exempted from all service. There is another clause in the same act by
which it is enacted that if any person removes his abode from one precinct to another his
commander is obliged to give him his discharge, so that such persons likewise, if officers,
are exempted from all service till they have a commission in the precinct where they
abide pro tempore equal to the former. By these means the number of useless reformed
officers has multiplied exceedingly; and the young gentry of the best estates and interest
finding low mean persons, even such as have been servants to their parents or others,
advanced to superior commissions are unwilling to act under them. I have in discourse
represented to most of the principal gentlemen the bad situation of their militia, who
unanimously agree it is so and wish for a reformation by a new law; but they will not
consent to any wherein there shall not be a clause to prevent the removal of officers
except by a court-martial with a proviso nevertheless that such clause shall not be in
force during martial law. I am not willing to seem inclined to anything which may tend
to the diminution of H.M.'s prerogative or the power of the governor; yet I am sensible
the country must be ruined if a reformation is not made. Finding myself under these
difficulties I have not yet publicly recommended this affair nor propose to do so till I
shall have H.M.'s commands about it which there is time to receive before next sessions,
which will be about February next. I must observe that there is another great defect in
the Militia Act which is that the penalties upon those who are wanting in their duty are
so trifling and so difficult to be put in execution that nobody regards the orders of his
commanders. It is easy therefore to conceive with what contempt a gentleman of

353] AMERICA AND WEST INDIES 1738 159

fortune who may indeed be obliged to serve as a private man if he declines acting as an
officer will use such persons as before-mentioned, though under their command. Copies
of my speech to the council and assembly, their address to me, and my answer are
annexed. I likewise send a list of the warrant officers who now supply the vacant
commissions, recommending them to H.M.'s favour for the said commissions in order
to encourage fit persons to accept of such warrants; and this I do for that reason in
preference to William Newton, George Bird and James Long who came with me to this
place in hopes of being employed in H.M.'s troops. These three gentlemen I think
worthy to be next recommended. Signed. 4 pp. Endorsed, Reed. 20 September. Enclosed,

331. i Speech of Governor Trelawny to Council and Assembly of Jamaica, 15
June 1738, directing attention to the problem of the rebellious negroes. Copy, z pp.
331. ii. Address of Assembly of Jamaica to Governor Trelawny, 20 June 1738,
with Governor Trelawny's acknowledgement. Copy, z pp.

331. iii. List of gentlemen who have acted by warrant from the president as
lieutenants to supply the vacancies of commissioned officers and who are recom-
mended to H.M. to have commissions: Walter Graham in Sir Alexander Cummins's
company, Charles Ramsay in Capt. Robinson's, James Murray in Capt. Merrick's,
James Cunningham in Capt. Newton's, Thomas Alcraft in late Capt. Harman's,
David Ross in late Capt. Harris's, i p. [CO. 137, 56, Jos. 103-108^.]

332 William Wood to Thomas Hill. Having seen Mr. Wragg and other
July 11. traders of London to Carolina and also received a letter from Bristol,

I beg that the Council of Trade and Plantations may be moved to
report on the merchants' petition against the Act of South Carolina for emitting 2io,ooo/.
paper money. In the course of some years past the traders conceive they have shown the
fatal effects which the issuing of paper bills of credit and the imposing of duties on
negroes are to the trade of this kingdom. It is truly a very sensible concern to them to
be informed that other reasons against the said Act were expected from them than those
they had before given in against paper money in general and this Act in particular.
I have never written one letter on paper money or negro duties to Mr. Popple or your-
self that was not done by the direction of some of the traders. Nor do I know any one
person either of London, Bristol or Liverpool trading on his own account to Carolina
either directly or by way of Africa that is not an humble suitor to H.M., not only that
Mr. Horsey may be instructed not to pass any law either for the creating and issuing any
new bills of credit or for the continuance of any duties on the importation of negroes
into Carolina, but that the said Act may have H.M.'s disapprobation. Signed, i small/).
Endorsed, Reed, n July, Read 12 July 1738. [C.O. 5, 366, Jos. ioi-iozd.]

333 Duke of Newcastle to Governor Edward Trelawny of Jamaica,
July 11. enclosing copy of complaint of French ambassador that Capt. Thomas

Harris, at his departure from S. Servans in France in November 1736,
carried away a negro boy of twelve years and a half named John George Anthony and
sold him to one Jones at Wanstead in Essex. The king directs that enquiry be made for
the boy who is said to have been put on a ship for Jamaica. En fry. i p. Enclosed,

333. i. Memorial alleging the facts given in covering letter, and claiming the
return of the mulatto, the condemnation of Thomas Harris and damages propor-
tionate to the prejudice to the boy's education. Capt. Harris lives at Helford Comb,
Devonshire, where his wife has a small shop. French. Entry, i J pp.

333. ii. Report by Nicholas Paxton, H.M.'s solicitor in criminal matters, to
Duke of Newcastle. The boy is stated to have gone on Industry, Capt. Clarke, for

l6o STATE PAPERS COLONIAL [334

Jamaica. Directions have been sent for him to be delivered to the attorney-general
there. Entry, i^pp. [C.O. 324, }j,pp. 113-116; draft of covering letter in C.O. 137,
56, fos. 1 09- 1 1 o^.]

334 Benjamin Martyn to Andrew Stone enclosing the following. Signed.
July 12. i sma ll p. Enclosed,

334. i. 3 July 1738, Elandford at Plymouth; James Oglethorpe to
Trustees for Georgia. Though the wind was contrary we beat up from St. Helen's
with the tides of ebb but were obliged to anchor every flood in the open sea. The
masters of the transports cannot hold out with such severe service so we are forced
to put into Plymouth. The men-of-war bound for Newfoundland are also obliged
to put in here. We hope for easterly and northerly winds and shall set out with the
first. I am very impatient to be in Georgia considering the present situation of affairs.
Our people are all healthy and of out near 700 there has but one person died since
they left Dunstable. We have discovered that one of our soldiers hath been in
Spanish service and that he has strove to seduce several men to desert with him to
them on his arrival in Georgia. He designed also to have murdered the officers or
such persons as could have money and to have carried off their plunder. Two of the
gang have confessed and accused him but we cannot yet discover the rest. The
fellow has plenty of money and he said that he was to have had 60 or 100 crowns
according to the number of men he carried off; he is yet very obstinate, refusing to
give any account of his correspondents. We shall not try him till we come to Georgia
because we hope we shall make more discovery. Copy, ij small pp. [C.O. 5, 654,
Jos. 160-163^; entry of covering letter in C.O. 5, 667, fo. 74.]

335 Minutes of meeting of Trustees for Georgia. Received receipt from
p J ul y p 2 ' Bank for 8,ooo/. paid in by the accountant. Read Gen. Oglethorpe's

letter on board Blandford at Plymouth, 3 July 1738; ordered copy to be
sent to Andrew Stone for Duke of Newcastle. Read authority to Rev. William Norris
to perform religious offices in Georgia; sealed the same, secretary to countersign. i\pp.
[C.O. 5, 687, #>. 87-88.]

336 Appointment by Trustees for Georgia of Rev. William Norris to
July 12. perform religious and ecclesiastical offices in Georgia in succession to

Rev. John Wesley whose authority is hereby revoked. Entry. Signatory, Benjamin
Martyn. i p. [C.O. 5, 670, p. 367.]

337 Petition of Samuel Wragg of London, merchant, agent for Assembly
[July 12.] O f North Carolina, to Council of Trade and Plantations. Understanding

that the questions of titles and rents of lands in North Carolina have been again taken
up, petitioner asks for copies of any orders, representations and directions made or to
be made. Signed. i\pp. Endorsed, Reed., Read 12 July 1738. [CO. 5, 295, Jos. i^

338 Council of Trade and Plantations to Duke of Newcastle enclosing

July 13. draft of general instructions and of those relating to the Acts of Trade

for Samuel Horsey, governor of South Carolina, together with

representation thereon. Entry. Signatories, James Brudenell, Monson, R. Plumer, M.

Bladen. i p. Enclosed,

338. i. Same to the King, 13 July 1738. We have made no alteration in the
general instructions to Governor Horsey excepting in the following articles save

341] AMERICA AND WEST INDIES 1738 l6l

that we have transposed some of them in order to bring all that are relative to the
same subject together. The purport of the zoth article of the late governor's instruc-
tions was to allow the assembly to divert certain funds from the first appropriation
for seven years for the encouraging and settling newcomers into the province, and
that instruction having been complied with we have now omitted it. An Act having
been passed for the purposes mentioned in the 2ist instruction to Col. Johnson for
the emitting of paper money we have thought fit to omit the said instruction although
we have some objections to the Act as may appear by our representation of 6th inst.
In the 43rd article to Governor Johnson relating to the settling in new townships for
securing the frontiers of the province, two of them were directed to be settled on the
River Alatamaha but the said river being now included in the province of Georgia
they are omitted in this article and the number of townships reduced to nine. We
have added the 84th article to make these instructions agreeable to the commissions
given by you to Col. Oglethorpe and to Col. Horsey. The io6th article to Governor
Johnson about re-establishing a fort on the Alatamaha river is omitted because the
said river is now included in Georgia. The io8th article in these instructions is
framed agreeable to three several additional instructions given by you to the late
governor and lieut.-governor of this province in relation to the settlement of a
township by Col. Purry which we have inserted in pursuance of an order of the
Committee of Council of 27 May last. The draft of instructions relating to the Acts
of Trade are the same as you have already approved to other governors in America.
Entry. Signatories, as covering letter. 5 pp. [CO. 5, 401, pp. 291-296; draft in CO. 5,
38i,/0.r. 286-289^.]

339 Same to Committee of Privy Council. Pursuant to your order of 4
July 13. February 1736/7 we have considered the petition of the merchants of

e a ' London trading to South Carolina against the Act passed in South
Carolina in May I736 1 for emitting 2io,ooo/. in paper bills of credit. [Report as in No. 330]
Entry. Signatories, James Brudenell, Monson, R. Plumer, M. Bladen. <>\pp. [CO. 5, 401,
pp. 285-290; draft in CO. 5, $%i,Jos. 290-293^.]

340 Samuel Wragg to Duke of Newcastle. The late lieut.-governor of
July 14. South Carolina being dead since your signifying to him 1 1 October

last the agreement for my receiving from the province of South Carolina 45o/. for the
charge of the victualling the German passengers and the detention of the ship Three
Sisters at Cowes (though it amounted to a much larger sum) and 5/. J.T. per head for the
freight of so many of the said Germans as should be landed at Charleston out of the fund
appropriated for the encouragement of poor Protestant families to settle there, I beg
your signifying the said agreement to Samuel Horsey, appointed governor of the said
province to whom Gen. Oglethorpe has communicated the same, that he may be duly
authorized thereby in directing the same to the council and assembly pursuant to the
intent thereof. Signed, i small p. [CO. 5, $88, Jos. 179-180^.]

341 James Pearce to Harman Verelst. By yesterday's post from Cowes I
July 14. received a letter from Richard Hill of Charleston of 9th ult. which I

hope will prove of great advantage to our American settlements
especially to Georgia and Carolina; and as this gentleman is a man of sense and veracity
you may inform the Trustees thereof. He says as under:

1 '1735' in MS
11 xuv

162 STATE PAPERS COLONIAL [342

There has happened an affair very lately which may be of great moment and very
fortunate to this province if rightly managed. For the Choctaw Indians, a very powerful
nation inhabiting on the Mississippi River and entirely in the French interest, have
made peace with the Chickesaws, who are our allies, who have prevailed on the former
to send an embassy to our government to desire our trade, acknowledging that the
French cannot supply them as we do our allies and that they are now convinced that
the French kept them at variance and war with their neighbours purely to weaken them
all and then to make their advantage of it. These people, they say, have 10,000 fighting
men settled in near 50 towns and live about 900 miles distance from hence. If we can
fix them in our interest it will prodigiously enlarge our Indian trade and weaken the
French in such a manner that we shall have little to fear from them.

I shall be glad of a confirmation of this news, not doubting but that our legislature
will be glad of this opportunity to secure our frontiers against our encroaching neigh-
bours. Sigied. i%pp- [C.O. 5, 640, Jos. 136-137^.]

342 Minutes of meeting of Trustees for Georgia. Rev. William Norris laid

July 15. before the Trustees his deeds of ordination and declaration thereupon.
Palace Court. i . r ^ /^ , . -,
\p. [C.O. 5>687,/>. 89.]

343 Minutes of Common Council of Georgia. Resolved that 2o/. be
July 17. advanced to Rev. Mr. Norris for clothing etc. and that his passage in

a ace urt. ^ ca bj n o f Capt. Thomson's ship with charge for refreshments be
paid. A proposal was made for sending over to Georgia the wife and children of Marcus,
a Jew, at present in the colony. Resolved that as Marcus went to Georgia at his own
expense the Trustees cannot charge themselves with the expense of sending them.
Resolved that the certified accounts which were ordered on 8 February last to carry an
interest of 4 per cent, and which will be due on 8 August next be paid. Resolved that
any five of the council be empowered to draw on the Bank for 2,2727. os. %d. for payment
of said accounts with interest and one certified account of 6j/. IQS. }d. dated before
Mr. Stephens's arrival in Georgia.

The council considering that the several certified accounts sent over to England
have been so sent by way of remittances to merchants on credit of the Trustees' store-
keeper having received the value and that the Trustees may be liable to many suits and
expenses and the credit and future support of the colony be greatly hurt by not paying
the said accounts which must at last be paid if no fraud shall appear to the contrary;
resolved that the 4,2097. i$s. 9^. due on the remaining certified accounts be paid, and
that any five of the council be empowered to determine which of them shall require a
security to be given to the Trustees against frauds or double payments and be also
empowered to draw on the Bank for payment thereof.

Resolved that surveying instruments be purchased for Mr. Auspurger. Resolved
that i,ooo/. be paid to Aid. Heathcote on account. An account stated in favour of
Thomas Jenys and Mrs. Elizabeth Jenys, executor and executrix of late Paul Jenys, and
certified by Mr. Causton was laid before the board. Ordered that the accountant attend
the merchants who are the owners of the said account with an offer of the balance which
appears due and write to Mr. Jenys and Mr. Causton and state the account as it stands.
Signed draft on Bank for i,ooo/. payable to Aid. Heathcote. 3 pp. [CO. 5, 690, pp.
1 77-i 79-]

344 Minutes of meeting of Trustees for Georgia. Read instructions to
July 17. R e v. William Norris; sealed the same, secretary to countersign, i p.

Palace Court. [CO . ,, 687,* 90.]

348] AMERICA AND WEST INDIES 1738 163

345 Instructions by Trustees for Georgia to Rev. William Norris. You are
July 17. to correspond with the Trustees by every opportunity; and keep a

register of births, christenings and burials and send an account thereof. Send also an
account of the number of monthly communicants and whether the people are regular
in attendance on divine worship. Promote a spirit of peace and recommend to the people
industry, sobriety, a due submission to the magistracy and constant attendance at the
worship of God. Entry. I p. [CO. 5, 670,^. 368.]

346 James Oglethorpe to Duke of Newcastle. We left Plymouth on 5 July
July 18. a nd after a very fine passage saw Porto Santo on i7th at j o'clock in
Madeira** *^ e morning, which is an island with high hills and rocks belonging

to the Portuguese and ten leagues from Madeira. Not long after, we
saw the high hills of Madeira above the clouds. We came in this day with the Hector and
the five transports. There has been the greatest care taken of the troops on board and
though they are much crowded yet we have lost (God be praised) but one man and one
woman who died at sea. Signed, i p. Endorsed, Reed. 1 5 August. [CO. 5, 6^4,fos. 164-165^;
duplicate dated 19 July at jos. 166-167^.]

347 Governor William Mathew to Alured Popple. I have delivered to
July 19. Capt. Oliver a box containing duplicates of the Antigua Acts sent you
Antigua. ky c a pt. Manesty when I wrote mine of 21 June, and with these the

duplicate of the Montserrat Act for repairing Plymouth fort, and the duplicate of the last
Tax Act for Nevis ; and I have desired him to see to this box being safe delivered to you.
I send also the minutes of the assembly of Antigua for three years past to i June 1738
and which I got at last by stopping a long arrear of salary due to the clerk. [Note in
another hand: These minutes and the other papers abovementioned were not reed. 23
October 1738.] As there is an opposition threatened to the Antigua Act for reducing
interest, instructions are sending from both houses to Mr. Yeamans to support the bill.
Signed. i% small pp. Endorsed, Reed. 25 September, Read 25 October 1738; minutes reed.
31 October 1738. [CO. 152, 23, Jos. 161, i6i</, 164, 164^.]

348 Governor Edward Trelawny to Duke of Newcastle. In obedience to
July 19. m y additional instruction from H.M. relating to a complaint made to

H.M. by several traders to this island and others in behalf of the Jews,
inhabitants thereof, I have made the best enquiry I could into that matter and for my
better information I have desired the sentiments of the gentlemen of the council about
it. From one of them, Mr. Mill, I had the letter hereunto annexed, and from another
gentleman some reasons concerning the affair which I likewise send you. Both put
together seem to contain the substance of all I can yet learn upon that head. I gave a
copy of my instruction to the speaker, William Nedham, desiring him to communicate
it to the assembly either in a public manner or to each of them in particular as he should
think most proper. He chose to take the latter way, fearing otherwise it might produce
inflaming debates if imparted to them in a body, without any prospect of good. Nor
did they in the least relish it in private; and indeed by what I can observe of the assembly
I think they will as they have every year hitherto done again insert in their next bill for
raising additional subsistence paid by this country to H.M.'s troops a clause to tax the
Jews. This will lay me under great difficulties in case I do not before that time receive
H.M.'s orders leaving me at liberty to do as shall be found most expedient for his
service. I must beg leave to make use of some words in a letter about this very affair
from Sir William Beeston, Governor of Jamaica, which was laid before the council here

164 STATE PAPERS COLONIAL [348

on 2 May 1700 in order to be sent to the Lords of Trade. It ends thus: "Nor is it in the
power of the governor and council to contradict them (meaning the assembly) in raising
of money which they will do as they please or not at all though never so great occasion
or necessity for it". This prudential reason prevailed then, and I hope it will now have
the same weight especially as the assembly is very dutifully inclined to H.M. and the
royal family and is under no small difficulties of raising the necessary supplies. If they
are debarred from using their own discretion in this matter of which they think them-
selves proper judges and in which none of them can be supposed to be swayed by so
inconsiderable a trifle as each of them may save by this taxation of the Jews, I am afraid
they will not only be extremely disgusted themselves but likewise spread their dis-
content through the island by imposing new taxes which seldom fail of causing com-
plaints. I submit it to your prudence whether this affair is of importance enough to risk
the bringing of us into this situation with respect to one another, and how much by
that means public business may be obstructed. Copy. 5% pp. Enclosed,

348. i. Richard Mill to Governor Trelawny; Jamaica, 14 July 1738. Having
perused the Jews' petition I beg leave to observe: first, that the preamble may be
right. Why the Jews are charged with underhand dealing with the Spaniards I know
not; I have heard it was from an information of a vessel fitted out by the Jews to the
South Cays, who acquainted the Spaniards that another vessel, fitted out by Christians
and which had been there just before and promised to return, was not capable of so
doing. The Jews in Jamaica are exempted from all juries ; attendance at grand court
costs ten to twenty pounds, more I believe than the richest Jews were ever taxed in
a year. All the honourable offices are disposed of in England except the places of
captain of the fort and chief justice, neither of which I suppose they would think
themselves capable of. As to other military posts they would not desire to accept
them. They bear few of the charges of government, apart from the duty on negroes
exported or imported borne equally with others. They do not import or consume
liquors from which the main branch of the revenue arises. They import small
quantities of cocoa and indigo from Hispaniola, the greatest part of which I believe
they run. I never heard of a Jew distrained on for his taxes. I believe there never
were above five or six Jews owners of sugar-plantations. As to what relates to their
serving for a deficiency, although they have stood for one for several years last past,
I think it is wrong; for all hired or indented Christian servants are liable to be
carried out upon parties on any insurrection or disturbance, which they have been
wholly exempted from except in the time of martial law where everyone was obliged
to go in person, and even then they were excused upon hiring a man to go in their
room. Copy. 4\pp.

348. ii. Reasons relating to the Jews, 1738. The Jews in Jamaica have free
public profession of their religion and liberty of purchasing freehold. They do not
serve on juries, which they may say is a privilege lost but which frees them from
great expenses of money and time. They are dispensed with being under arms on
their sabbath, though those of our religion have to serve on our sabbath. They do
not pay much towards the common taxes; they are concerned in no shipping, they
import no commodities but dry goods not liable to duty, they pay some duty on
negroes exported but frequently avoid duty on the indigo which they import. They
bear a very small proportion of taxes as planters, not being concerned in more than
five or six sugar- works. Their way of business is chiefly in disposing of dry goods and
in keeping of shops, in retailing out spirituous liquors and provisions to the negroes
with whom they traffic for commodities often stolen from their masters. They have
even lain under great suspicions of selling powder to the negroes, by which means

352]

AMERICA AND WEST INDIES 1738

165

the rebels have been supplied. But as the testimony of negroes is not allowed as
evidence it is not easy to convict them. They complain they have been wrongfully
accused of corresponding with our neighbours to our disadvantage; that indeed has
been charged upon them in some of our laws but of late years left out, and there is
great reason to believe at the time they were so charged there were grounds for the
same. It is not to be presumed they would have been accused by the whole legislature
without some foundation. They complain they have not been allowed to serve as
deficiencies upon estates : it is true they were for two or three years deprived of that
liberty, but that objection has of late years been removed and they now serve for the
same. There are few places of profit to be granted in this country, being in general
held by patent in England. As to places of honour they have no profits annexed to
them and therefore it may be believed they are glad to be excused from them; and if
they were not it would be unreasonable to give them command over the persons
of Christians. Copy. 4^ pp. [C.O. 137, 56, Jos. iii-nyd.]

349 Francis Fane to Council of Trade and Plantations. The Act passed in

July 20. New York for frequent elections of representatives to serve in the
general assembly enacts that the assembly shall be held once a year at least at New York
unless the governor and council appoint another place, that in six months after the
dissolution of an assembly writs are to be issued for a new one, that every future assembly
continue for three years only, and that the present assembly be determined on 1 5 June
1739 unless the governor dissolves it sooner. I think this Act is a very high infringement
upon the prerogative of the crown, for it takes away that undoubted right which the
crown has always exercised of calling and continuing the assembly of this colony at
such times and for so long as it thought necessary. When such a material innovation is
attempted there ought to be some very strong and cogent reason to induce you to
assent to it; for my part I have heard none and am of opinion that it ought to be repealed.
Signed. i\ pp. Endorsed, Reed, i August, Read 2 August 1738. [C.O. 5, 1059, Jos. 63,
66, 66d.}

350 Order of King in Council that the governor of the Leeward Islands

July 20. shall not give his assent to an Act to attaint of high treason Benjamin

smgton. Johnson and William alias Billy Johnson, and that the said persons be

restored to the same condition they would have been in if the said bill had never been

brought in and passed. Copy, certified by James Vernon. 2 J pp. Endorsed, Reed. 8 May,

Read 8 June 1739. [C.O. 152, 23, Jos. ziz-zi$d.]

351

July 20.
smgton.

James Vernon.
8z</, 87,

Same, on report from Committee for Plantation Affairs dated 27 May
last, that George Clarke, junior, be a member of the council of New
York, in the room of Francis Harrison, resigned. Copy, certified by
^ pp. Endorsed, Reed. 8 May, Read 8 June 1739. [C.O. 5, 1059, Jos. 82,

352 Same, appointing Mathew Mills, junior, to be a member of the council

o f St. Christopher's in the room of Edward Mann, resigned. Copy,
certified by j^^ Vernon. i\pp. Endorsed, Reed, 8 May, Read 8 June
1739. [C.O. 152, 23, Jos. 211, znd, 214,

July 20.
Kensington.

l66 STATE PAPERS COLONIAL [353

353 Same, approving draft commission for Samuel Horsey to be governor
July 20. of South Carolina with alteration proposed by Committee of Council

Kensington. for p lantation Affairs. [See A.P.C.., Colonial Series, 1720-45, pp.
606-7.] Signed, W. Sharpe. Seal, z^pp- Enclosed,

353.1. Commission for Samuel Horsey to be governor of South Carolina. Draft.
i6pp. [CO. 5, i<yijos. 1 43-1 5 4</; copy of order, endorsed Reed. 8 May, Read 8 June
1739, in CO. 5, ^7 Jos. 19-20^.]

354 Same, approving draft instructions for Lewis Morris, governor of
July 20. New Jersey. The Lords of the Committee had no objection to the

Kensington. re p Ort o f t h e Council of Trade and Plantations [see No. 150. i.] except
to add the name of James Alexander to the list of councillors, he having been on the old
list, and to omit the name of Thomas Farmer. Signed, W. Sharpe. Seal. 3 pp. Enclosed,
354. i. General instructions for Governor Lewis Morris. Drajt. 50 pp.
354. ii. Instructions for the same relating to trade and navigation. Drajt. 35 pp.
[CO. 5, lyjyfos. 94-142^; copy of order, endorsed Reed. 8 May, Read 8 June 1739, m
CO. 5, 973, Jos. 1 1 2-1 1 3</.]

355 Same, directing the survey of 200,000 acres of land between Santee and
July 20. Watree rivers in South Carolina for John Cartwright and associates

Kensington. tQ sett j e IOOO p ro testants in ten years at a quitrent of 4*. proclamation
money for 100 acres to begin at the expiry of ten years and with certain mineral rights.
Grants of lands not settled in ten years in the proportion of one white for 200 acres to be
void. Copy, certified by James Vernon. i\ pp. Endorsed, Reed. 8 May, Read 8 June 1739.
[CO. 5, 367, Jos. 13-14^.]

356 Same, approving draft of article to be inserted in instructions for the
July 20. governor of South Carolina directing him to recommend to the

Kensington. counc ji an d assembly to prepare an Act to settle the Indian trade to the
mutual satisfaction and benefit of South Carolina and Georgia. Copy, certified by James
Vernon. i p. Endorsed, Reed. 8 May, Read 8 June 1739. [CO. 5, 367, Jos. i$-i6d.]

357 Same, approving draft of instruction for Trustees for Georgia to same
July 20. effect as No. 356. Copy, certified by James Vernon. ij pp. Endorsed,

Kensington. Recd g M ^ Read g j une ^^ ^ Q ^ $6 7 ,fos. 17-18^.]

358 Same, on representation from Council of Trade and Plantations that
July 20. John Rindge be appointed a member of council of New Hampshire in

Kensington. ^ room o f Benjamin Gamlin, deceased. Copy, certified by James
Vernon. zpp. Endorsed, Recd. 8 May, Read 8 June 1739. [CO. 5, 8 8 i,fos. 85-86^.]

359 President William Bull to Council of Trade and Plantations. I beg
July 20. leave to lay before you a short account of an affair which I apprehend

Charleston. tQ ^ Q g reat consequence and advantage to H.M.'s service in these
frontier parts of his dominions. The nation of Chactaw Indians, who live on the north-
east side of the Mississippi near the mouth, consists of 46 towns in which according to
the best information are contained above 1 6,000 men, which far exceeds the number of
all the other tribes of Indians in amity with this government. They have hitherto been
in the interest of the French, but have lately sent several messengers to this government
to propose and desire a friendship and commerce with the English. The first messengers

353] AMERICA AND WEST INDIES 1738 l6j

arrived here about the end of May last, and after they had delivered their message which
seemed to import so great advantages to H.M.'s subjects on this part of America nothing
was omitted which might inspire them with notions of H.M.'s grandeur and power
and the plenty of goods which they might expect among them while they continued in
friendship with the English. In their conferences they expressed great satisfaction to find
by their reception and entertainment that the English were so different from what they
were represented to be by the French, which they said their nation would now be
sensible of by the presents that were given them with which they went away well satisfied.
Soon after their departure arrived other messengers on the same errand but from a
different part of the nation; these were treated in the same manner as the former. In
their conference they took notice that several of their headmen were still in the interest
of the French, who opposed their having any commerce with the English, and therefore
it was necessary when they got home for some of them to come and visit this government
also, that they might likewise be convinced how much it would be for the benefit of
their nation to be at peace and have a trade with the English.

If a peace and commerce can be effected and maintained with the whole Chactaw
nation, how great an addition of strength H.M.'s subjects will have to withstand their
enemies as well as the enlarging and extending of the trade for skins and furs which
may in a little time require double the quantity of British goods, such as duffels, strouds,
broadcloth, guns, powder, bullets, etc. to supply that numerous people. And besides
these advantages, in case of a war with the French, they can have no assistance from the
Chactaws against the English on whom they must depend for a supply of all necessaries ;
and in all probability the Chactaws on the southern frontier will be of much more
service to H.M. than the Senecas on the northern, because the French at Canada have
tribes of Indians which may set them nearly upon a par with the English and Senecas.
But the French at Mobile and near the Mississippi river have no other Indians but the
Chactaws whom they could make use of against the English and the Indians in amity
with them. As for the Indians called the Bluemouths who live to the westward of the
Mississippi, they are in amity with the Chactaws and will be influenced by them, and it
is likely will follow their example ; but if not, they are so remote that at present we can
apprehend no danger from them.

You will immediately observe that the Chactaws by their situation, if they are
gained from the French, will be able to cut off all communications between Canada and
Louisiana. But as an affair of such importance will be attended with considerable
expenses and other difficulties to be provided against, especially as many of the Chactaws
are yet inclined to the French who will if possible prevent the success of this undertaking,
I beg you to signify your opinion and directions for our conduct in this affair and
whether upon an application to H.M. a bounty might be obtained for the Chactaws as is
allowed yearly to the Senecas. You will please to consider that besides such an assistance
from H.M., this province must be at considerable expenses on every visit from the
leading men of the Chactaws and other nations, which will be often necessary and
therefore not to be avoided, though very burdensome to the people of this province
who have suffered for several years past by the great droughts, and besides the expenses
occasioned by our preparations to withstand the expected invasions of the Spaniards
which this province and the colony of Georgia have been alarmed with these two last
years, and to which we shall always be exposed while the French can have any influence
over the Chactaws which may likewise be extended to the Cherokees who are at peace
with the Chactaws.

I hope you will consider that this affair of uniting so numerous a people as the
Chactaws to the English interest may be a principal means of securing the peace and

l68 STATE PAPERS COLONIAL [360

safety of all H.M.'s dominions in North America and of disappointing a scheme which
the French for many years have been endeavouring to carry into execution, vizt. to
settle a communication from Canada to the mouth of the Mississippi, to destroy or
subdue all the Indians in friendship with the English, and by that means with their
Indians to carry an easy war into all the settlements of the English along the seacoast.
The dependence the French had of securing the interest of the Chactaws made the
execution of this design appear feasible, and they had already made a great progress.
But if this government should be so fortunate as to give matters a different turn and
effectually secure the Chactaws, I flatter myself you will be of opinion that an under-
taking which will produce so general a good to all North America ought not to be
carried on at the sole expense of a small colony, exposed on the frontiers and thinnest of
inhabitants though more burthened with taxes than any on the continent. If H.M. on
your representation should take the matter under consideration and the Chactaw Indians
should feel the effects of his royal bounty, we should have no reason to doubt but that
all our hopes and expectations would be answered and that H.M.'s subjects in Great
Britain as well as America would reap the advantages that must necessarily attend so
useful an undertaking. Signed. 4^ pp. Endorsed, Reed, from Mr. Fury 27 September,
Read 3 October 1738. [C.O. 5, 366, fos. izo-izzd; copy, endorsed Delivered to Mr.
Vernon by Mr. Fury, 6 November 1738, in C.O. 5, 640, Jos. 148-149^.]

360 President William Bull to Duke of Newcastle. [In substance same as

July 20. No. 359]. Signed. 4$ pp. Endorsed, Reed. 3 October. [C.O. 5, 388, /w.
Charleston. '

361 Royal warrant to Governor Jonathan Belcher to admit John Rindge,
July 22. appointed Councillor of New Hampshire in the room of Benjamin

sington. Gamlirl) deceased< Entry . % p . [ C .Q. 324, 37, A 116.]

362 Same to Governor William Mathew to admit Matthew Mills, ap-
July 22. pointed Councillor of St. Christopher's in the room of Edward Mann,

smgton. resigned . Entry, i p. [C.O. 324, 37, p. 1 17.]

363 Same to Governor Lord Delawarr to admit George Clarke, jnr.,

July 22. appointed Councillor of New York in the room of Francis Harrison,
sington.

364 Francis Wilks to Thomas Hill. Enclosed is state of the funds in New

July 24. England as I had account some years ago from the secretary : what bills

have been issued more than is therein contained I apprehend has been for the current

service of the year and brought in within the time. Signed, i p. Endorsed, Reed., Read, 26

July 1738. Enclosed,

364. i. Boston, 20 December 1732. Account of bills of credit issued between 1721
and 1731 by order of general assemblies of Massachusetts which are to be brought
into the public treasury by the land tax and other revenues from 1732 to 1741. Total
issued: 176,2007. Copy. Signatory. J. Willard, secretary, i p. [C.O. 5, 88 i,Jos. 3-4^,

365 Council of Trade and Plantations to the King. We have consulted the

J u }y 25. Attorney- and Solicitor-General who are of opinion that, if you

approve of the erecting of a court of Exchequer in South Carolina, it

368] AMERICA AND WEST INDIES 1738 169

may be proper that your governor now going over may be authorized by a special com-
mission to establish the same and constitute a chief baron with other proper officers for
the said court and that the proceedings therein should be agreeable to the practice here.
All which being in our opinion necessary for your service and for the good of the
province we propose that such a commission should be issued accordingly. Entry.
Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. \\ pp. [C.O. 5, 401, pp.
297-298; draft in C.O. 5, 381, /ox. 296-297^.]

366 Same to Committee of Privy Council. Pursuant to your order of 19
July 25. May last we have considered President Bull's letter. [No. 220. L] We

have on this occasion had some discourse with Col. Horsey and with
Mr. Fury and are informed by them that the people there have been at a great expense
in erecting several new batteries and forts and putting themselves in a proper posture
of defence, but that they are not in a condition at present to provide themselves with a
sufficient supply of great stores and smallarms. Whereupon considering the importance
of this province and the present posture of affairs in America, although from information
laid before us we are not capable of determining what quantity and species may be
requisite for this service, we are nevertheless of opinion that H.M. may grant them such
supplies as he shall think convenient. Entry. Signatories, Monson, M. Bladen, R. Plumer.
2 pp. [C.O. 5, 401, pp. 298-300; draft in C.O. 5, 381, /w. 294-295^.]

367 J. Jones to Duke of Newcastle, petitioning for a lieutenant's corn-
July 25. mission in one of the independent companies at Jamaica. Signed, i p.

[C.O. 137, s6,/. IZO-12I*/.]

368 William Stephens to Trustees for Georgia, referring to previous letter
July 25. o f 27 May. I now send duplicate of that letter as also continuation of

my journal to this time, which indeed is extended further than ordinary
by reason of the rareness of ships sailing from Charleston for England at this season;
and I fear from henceforward we shall scarce hear of any more going yet awhile. So my
correspondent writes me, to whose care I send this thither upon notice that there was
one near ready to sail now.

It has been an inward pleasure to me when in some of my last letters I have rep-
resented the people of this colony in general as lately come to such a way of thinking and
good disposition (setting aside some few who I fear will never do themselves or others
any good) that it was apparent a much greater quantity of land was improved this year
than ever yet had been : all which I cannot but adhere to for a truth, and from thence I
was willing to form such conjectures as might be expected from a good harvest towards
our future maintenance. But whilst we were thus elated providence has been pleased to
check our expectations and teach us to think it well if we can secure half that abundance
in a crop which we had eagerly conceived, and which is very grievous to me now to
write of. For this great disappointment it will doubtless be expected some cause should
be assigned and that alas! is too evident, namely such a long continued drought as it is
said the like has not been known in man's memory; for they carry it as far back as the
last summer which felt it towards the latter end. From the time that I came in October
I must say that very little rain fell all the winter insomuch that the springs gave off in
many places before summer came again. Nevertheless the corn that was planted came
up pretty promising, making a good appearance for a while till the heats which began
early this year parched the earth to that degree that abundance for want of moisture to
cool the root dried up and withered. Another misfortune attending us was want of good

170 STATE PAPERS COLONIAL [368

and proper seed for not having a sufficient quantity of what they call the Virginia corn
which is large, broad and white, and usually proves well here. There was a parcel of
yellow skinned corn bought, highly commended for its usual increase in the northern
provinces ; but it was too fatally experienced that it proved very different here where the
soil is not of so cool a nature as where it grew before. Abundance of this therefore will
come to little and they who had the good luck to plant most white corn will fare best :
that having held it tolerably well in all the heat. And now for some time we have had
fine and frequent refreshing rains, more than for a year past put all together, which the
River Savannah plainly discovered, hardly affording water enough to make it passable
for the Indian trading rowboats to go to Augusta or New Windsor.

Were others' misfortunes an alleviation of ours (which was a heathen but devilish
maxim) Carolina makes the same complaint, and more, of the drought, which has so
affected their plantations of corn and rice that a public fast was lately observed in that
province by order of the president and council, wherein they were to deprecate the
divine wrath to avert a famine and to spare them under the mortality which rages among
them in the smallpox. Amidst so common a calamity we have some settlements never-
theless which appear such as the occupiers have no reason to complain of and which I
have put together in short lists that will show whom they belong to. To make mention
of those now who have made no attempt or but little progress in cultivating and planting
I conceive would be needless since I intend not one of them shall pass without proper
notice when I have fully perfected the whole, which I think may be confident will be in
my next, being now busied among the 5 and the 45 acre lots belonging to the town, and
with those I purpose to conclude all. But it is a melancholy story I have yet to add from
Frederica, where I am informed that their labour is almost wholly lost by their crop
being cut off; and at Darien, where we had great expectations of plenty, they are also by
the same means in a great measure defeated. Whether this is to be attributed mostly to a
bad season or bad seed is hard to say.

Could I gratify my own inclinations in writing something that would preponderate
such a misfortune it would not go unobserved. But time yet to come must produce that
which every good man hopes for, and it behoves me to follow truth whatever shape it
appears in. If I may refer to my journal it will not be expected I should spin out a
tedious bagatelle here, after having akeady noted every occurrence as it passed, too
many of which I fear will be judged needless though others (as I conceive) may be
thought worthy your consideration and your direction for the future. To find here a
gaol so filled with criminals undoubtedly must look ill, and as I have minuted what I
thought most remarkable in the proceedings of the court the last session, so I ought to
leave it to the magistrates to lay the whole before you in proper form. God forbid such
crimes should abound among us hereafter. It is to be hoped through Mr. Whitefield's
endeavours offences of another nature also may abate and the several kinds of debauchery
which too often have appeared barefaced among people of different ranks and gone
impune may be exposed to shame and utterly discountenanced. I should do wrong not
to say we have visibly a considerable number of such men as are inclined to work and
take pains whilst it must be confessed there are also too many idle and lazy whom the
colony will never be the better for. But even among our best workers a little reformation
of manners will admit to be wished for and everything done that may conduce to pro-
mote it. And by the uncommon attention I have observed of late given to public
devotion it may be hoped that good work is already begun from Mr. Whitefield's so
daily gaining affections of the people. But the practice of open lewdness in first making
whores of their female servants, then cohabiting with them and their bastards, from
whence a continuation of the same course may be presumed, which is too common

369] AMERICA AND WEST INDIES 1738 17!

among our gay gentry who are either of a different communion or above the vulgar way
of frequenting our church, such public scandal I fear will outbrave all reproof from the
pulpit and I apprehend would need some coercive power from the civil magistrate to
restrain it in such manner as you shall advise. Signed. 3 small pp. Endorsed, Reed. 1 3
December 1738. [C.O. 5, 640, Jos.

369 William Stephens to Harman Verelst. I wrote to you on 27 May and

July 25. 3 June. I enclose a letter to the Trustees, a continuation of my journal

Savannah. from 27 May tQ ^ ^ ^^ i nc i us j ve) t h e sev eral states of Old and

New Ebenezer, Abercorn, Hampstead and Highgate, together with a short abstract of
the number of acres planted in various plantations distinct from the township of Savan-
nah as I lately found them. And in my next I hope to set this whole township in its true
light with regard to their planting, when probably I shall make such observations thereon
as I apprehend may be just whether it be in their favour or otherwise; but this being a
work which with due inspection must take time, for which reason I would bestow such
on it as was most proper and seasonable, I thought it would come most perfect and
regularly last. Without doubt notice will be taken that Thunderbolt is not found
among the lists of adjacent plantations, and sorry I am to write that the village, once
the great exemplar of all improvements in these parts, is now in a manner become
desolate. The division of those lands being among four, vi2t. Mr. Lacey and his brother,
Hetherington and Bishop, from the time of Mr. Lacey's command at Augusta his
plantation here became wholly neglected, for which he alleged want of servants. His
wife nevertheless continued upon those premises who, it is to be feared, will appear a
most vile woman in many respects, and what course of life they all followed there (who
stayed in the place) instead of cultivating land appears too plainly from the notes I took
of the proceedings of the last court as they will be found in my journal and more at
large (I must suppose) from the magistrates. And it is generally taken for truth that
Hetherington's and Bishop's intent was to quit the place entirely after they had raised
what money they could by sale of stolen goods, which might in a little time have
produced a plentiful store especially if all prove true which is commonly now reported,
that they had carried on a trade with some of the Carolinians for a while whom they
supplied with barrelled beef and pork which they took rum in exchange for, and by that
means helped to furnish some of our unlicenced retailers of that forbidden liquor and to
forward the destruction of the place. Whether these suggestions are well founded or not
I cannot say; but they seem too probable, for it is evident that no people in these parts
have lived in greater plenty without any visible fond to support it. And now after all,
when convicted of felony on two indictments, besides sevejral more that they have not
yet been tried on, they have broken jail and are fled, together with that notorious fellow
Wright who stood committed for want of finding bail for his future appearance to
answer his behaviour among the Indian nations.

I would not let anything escape me, if I knew it, without taking some notice of it
that ought properly to fall under my cognizance, especially when opportunities of
writing fall out so seldom now and are likely to be more rare for some time coming.
But I persuade myself paucity of words will not be laid to my charge, and it is well if
the contrary does not condemn me, vizt. writing much to little purpose. It has not been
my good fortune hitherto to be any way advertised after so many months in what light
I stand with those whom I serve, and would gladly do it to good effect: let it appear as
a mark of your friendship which I set so much value on to be informed by you in so
material a point. After what you acquainted me in yours of 17 February concerning our
general's appointed time of leaving England with the remainder of the regiment and of

172 STATE PAPERS COLONIAL [370

our good friend Col. Horsey's appointment to be governor and lieut. -general of South
Carolina, I must imagine they either are or will be both on their way into this part of
the world before what I now write comes to hand; wherefore it would be vain to be
writing letters of no import but compliments. The respect which I shall ever be ready
to show and my zeal to render them what acceptable service lies in my power will best
manifest my sincerity. We have not had a word of news from Europe since what came
to Carolina by Capt. Keet in the beginning of May, and my correspondent there writes
me the same, which is very surprising to everybody. Signed. P.S. 26 July. Just as I was
sending off my letters Col. Cochran is this minute come to us from the south, who
engages me to recommend it to you to prevail with the Trustees to send a ship in Sept.
or Oct. pursuant to what I wrote them, at his instance, in mine of 27 May. 2 pp. Annexed,
List of writers and addressees of letters enclosed in this packet, f />. Endorsed, Reed. 13
December 1738. [CO. 5, 640, Jos. 138-139^.]

370 Thomas Causton to Trustees for Georgia. I herewith transmit a

July 25. continuation of my journal to 24 September last. As several parts of
it relate to Mr. John Wesley I think it incumbent upon me to represent
the general methods by him taken previous to the open differences therein mentioned.
It was on 12 March 1736/7 that my niece was (with my consent) married at Purrys burgh
to Mr. William Williamson. When it was known that such marriage was intended Mr.
Wesley came to my house and discovered to my wife his desire of marrying her himself
with expressions of much grief and in tears. And as he had not an opportunity of
speaking to me he wrote to me as per enclosed copy 1 . After the marriage he appeared
inconsolable, sometimes wanting to see her, at other times he promised he would never
see her, and in this manner at several times addressed himself both to Mr. Williamson
and me and never failed to assure each of us of the strictest love and friendship, generally
with this conclusion 'It is the Lord's will and I will submit to it'. As I had preserved a
steady regard for a mutual friendship with Mr. Wesley I am certain nothing was wanting
on my part to demonstrate it. Therefore when or on what occasion it was that he first
resolved to act otherwise he best can tell. So much as appeared openly to me is notified
in my journal and I can't help saying that for some time before, and ever after, his refusal
of the sacrament of the Lord's Supper to my niece, his expressions seemed doubtful and
his actions showed a resolution to join with and be an advocate for every discontented
person he met with, the facts of which will be self-evident.

As to the prosecution begun against him (though just in itself) I did my endeavour
for the sake of his holy function and religion in general that it might have been before
you only; and I am apt to believe should have prevailed if his pretended friends had not
spurred him so far as to publish many pretended reasons for what he had done and in
general gave out he had your authority for it and in others insinuated that my niece had
been guilty of something very notorious which in due time he would make appear.
As the complaints concerning Mr. Wesley's behaviour had been many and obviously
just, with great submission to you, it would not have been consistent with my duty as a
magistrate to hear and see such novelties introduced, such powers set up, such actions
done and designs carried on, having such fatal tendencies, without endeavouring to
stop them, upon application made. Therefore (having first duly taken examinations
upon oath) indictments were drawn and laid before a grand jury, which being returned
by them as true bills and the people having thereby an opportunity of showing their
resentment for the facts therein mentioned, I obtained an order of court to stay all

x Not found.

370] AMERICA AND WEST INDIES 1738 173

prosecutions against Mr. Wesley either concerning said indictments or action brought by
Mr. Williamson till you should be acquainted with it and your pleasure known in the matter.

It was now natural to suppose that Mr. Wesley (seeing himself thus attacked) would
endeavour at any rate to trouble the waters that he might glide with less observance.
As the grand jury was very numerous it could not be supposed but some of them had
private discontents, but it was almost past supposition that any set of men bred up in a
full enjoyment of goods, laws and liberties could entertain the opinions they seemed
(by their resolution) to have imbibed. They had resolved that it was the just privilege
of a grand jury to swear as well as examine witnesses and to send (by their own authority)
for persons, papers and records; also that the declaration or complaint of a grand juryman
was (as such only) sufficient evidence and binding upon the rest to charge any man; also
that they had power to adjourn themselves from time to time (as they thought fit) and
to sit till they should resolve there was no more business before them. As during these
debates they had gathered that the magistrates would soon break up their sitting, they
dispatched William Aglionby to Charleston (a pretended lawyer) with the queries as
mentioned in my journal. Mr. Wesley was so far visibly interested in these debates that
it was moved not to return the bills against him till they had gone through with the
other business and Joseph Watson (whose case he had particularly espoused) was
become a petitioner to the inquisition at Savannah, as he termed it.

Having said thus much concerning Mr. Wesley's behaviour, it is necessary I should
relate another observation I have since made on his expressions in some of our former
discourses, when he told me that he had been informed by several people in town (to
the following purport) that he was sent into the colony and had instructions to enforce
some particular designs of the Trustees which they (the Trustees) were apprehensive
would be disagreeable to the people and that he was to represent to them all such who
acted contrary or opposed his measures. This he expressed as if (in such a situation) they
who informed him of it imagined him to be a tool. To this I must add what a gentleman
told me, when the grand jury was sitting on said Mr. Wesley's affairs, with a desire to be
nameless till he could have an opportunity of speaking to Mr. Oglethorpe himself, vizt.
that Mr. Bromfield and Patrick McKay came to him (as he apprehended to sound his
thoughts) when they had some discourse of Mr. Watson's imprisonment and (concerning
which) he the informant expressed his compassion; that Mr. Bromfield then said the
true reason for Watson's imprisonment was too evident, for in his hearing said Watson
on his first arrival in the colony asked Mr. Oglethorpe what laws he intended for the
colony to which Mr. Oglethorpe (as he believed very inadvertently) answered such as
the Trustees thought proper, what business had poor people to do with law (or words
to that purpose); that Mr. Oglethorpe since apprehending it in Watson's power to
testify what Mr. Oglethorpe had said and that such testimony would discover his
arbitrary designs, therefore had taken the opportunity to continue Watson's imprison-
ment as a means to prevent such a plain discovery; and that he the said Mr. Bromfield
verily believed the Wesleys were instructed by Mr. Oglethorpe to exercise the authority
he had pretended to set up, the better to introduce a slavish obedience among the people.

I had given my promise to the gentleman who informed me of this (who till then and
ever since has appeared to me to be a man of integrity) not to mention this in any shape.
Therefore, then depending daily on Mr. Oglethorpe's arrival, I made no mention of it
in my journal or otherwise. But as his desire for such secrecy could only arise from a fear
of being discovered and prevented from doing other serviceable things, length of time
has now taken off that danger and Mr. Wesley's journey to England and letters hither
make it necessary. It is therefore easy to guess with what quarter Mr. Wesley concerned
when he intimated that some people imagined him to be a tool.

174 STATE PAPERS COLONIAL [371

I have frequently called upon the recorder to transmit the proceedings of the court
etc. I hope they will soon be finished and transmitted, but though doubts may probably
arise without them I could not prevail on myself to be particular in an affair wherein I
am so much concerned. I am collecting the several improvements on the land to be
transmitted with the general accounts.

By accounts from the southward all the cultivations of land there are rendered
abortive for want of rain. This part of the province will fare much better and those who
have been industrious and have not met with other disappointments will have a good
crop. The long expectation of Gen. Oglethorpe's arrival being hitherto frustrated gives
opportunity for disturbances to grow among the traders to the disquiet of the Indians.
The government of Carolina are daily sending agents, messengers and traders into the
several nations and the licenced traders from hence inform me that many come into each
without any licence. Thomas Wright, against whom I had issued a warrant by command
of Mr. Oglethorpe, was taken at Augusta and is now in gaol till evidence can come to
prosecute him. The whole province is very happy as to its health and I wish for your
orders to remedy the several matters laid before you as a means to make it happier,
always hoping for the establishment of some power whereby uncertainties may be
removed.

Agreeable to your accountant's letter of 17 February last I have expected to receive
your orders for the expenses of the present year and should they not arrive before
Michaelmas next it will be difficult for me to pacify Capt. Macpherson and many other
people without disobeying your repeated commands. This I promise and trust you will
never find me guilty of making or contracting wilfully any unnecessary expenses and that
I will and shall be found to dispatch the public accounts with what speed I can, as also
to go through the whole public business with that duty and integrity as becomes me.
Signed. 7 small pp. Endorsed, Reed. 13 December 1738. [CO. 5, 640, fos. 142-145^.]

371 Thomas Causton to Harman Verelst enclosing diary to 24 September
July 26. 1737, duplicates of receipts to 24 June 1738, copies of issues of stores

taken from the day book to i December 1737. I have taken an inven-
tory of stores to 24 June last and would have sent it had not multiplicity of business
prevented. The same reason must unavoidably be given for not sending the accounts
as mentioned in my last letter. As no time here is lost, these and all other things needful
shall be done with all possible dispatch. Signed. \p. Endorsed, Reed. 13 December 1738.
[C.O. 5, 640, Jos. 146-147^.]

372 Council of Trade and Plantations to Governor Edward Trelawny.

26. In answer to that part of your letter wherein you recommend to us
three gentlemen to fill up the vacancies in the council in the room of
those who have withdrawn, we must acquaint you that as Mr. Rose Fuller has been
already sworn in by Mr. Gregory and is besides one to whom you have no objection we
think it right he should be continued and shall accordingly recommend him; as we must
likewise Mr. Matthias Philp whose interest has been so strongly supported here that
we could not refuse him our recommendation; and we have some time since represented
in favour of Mr. Edlin to succeed Mr. Garbrand. We by this means have it not in our
power to oblige you in more than one of your nominations, Sir Simon Clarke, who
stands first upon your list. At the same time we assure you we shall always have a proper
regard for those whose names you shall transmit to us in order to be of the council,
being desirous as well in this respect as in every other of convincing you of the esteem
we have for you. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer.

377] AMERICA AND WEST INDIES 1738 175

P.S. Your agent, Mr. Sharpe, who attended us on behalf of the three councillors proposed
by you to fill up the present vacancies will give you a further account of that matter. We
have this moment received your's of 26th May; but the papers therein mentioned are
not yet come to hand. Signatory, Monson. P. P.S. Since the signing of this letter and
postscript the box you mentioned with public papers has been brought to the office.
Signatory, Thomas Hill. $\pp. [CO. 138, iS,pp. 285-288.]

373 Same to the King, recommending Rose Fuller, Sir Simon Clarke,
July 27. Bart., and Mathias Philp to be councillors in Jamaica in the room of

Edward Charlton, Henry Dawkins and William Gordon who, having
withdrawn in President Gregory's time, now refuse to reaccept that office. Entry.
Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. 2 pp. [CO. 138, 18, pp.
289-290.]

374 Same to Duke of Newcastle. Having received from President Bull
July 27. of South Carolina a representation of the present state of that province,

together with several examinations, depositions and letters relating
thereto, and likewise a large map of that country, we should have sent copies to you but
are informed that you already have them. Signed, Monson, R. Plumer, James Brudenell,
M. Bladen. i p. [CO. 5, $84, Jos. 40-43^; entry in CO. 5, 401, pp. 300-1 ; draft in CO. 5,
3 8 i,/<?. 298, 298^.]

375 Order of Committee of Council for Plantation Affairs, referring the
July 27. following to Council of Trade and Plantations. Signed, W. Sharpe.

Whitehall. Seaf i ^ Endorsed ^ Rec d. I9 August, Read 4 October 1738. Enclosed,

375. i. Petition of John Hammerton, Secretary and Register of South Carolina,
to the King, for payment of money for fees due to himself and other officers for
surveying and granting lands for the new townships. These officers agreed to
compound their fees for an annual salary. Notwithstanding orders from the governor,
the lower house of assembly forbade payment of these salaries. Prays for instructions
to the governor for procuring payment. Copy. i\ pp. [CO. 5, 366, Jos. 123-126^.]

376 Same, referring the following to the Council of Trade and Plantations.
July 27. Signed, W. Sharpe. Seal. i pp. Endorsed, Recd. 19 August, Read 4

October 1738. Enclosed,

376. i. Petition of John Hammerton of South Carolina to the King. By virtue
of letters patent of n February 1731/2, petitioner holds the offices of secretary and
register in South Carolina, notwithstanding which he was excluded from the office
of register by the late Governor Johnson, who appointed his son, Nathaniel Johnson,
to that position. Mr. Johnson is now dead. Prays for directions for establishing him
as register. Copy, ^\pp. [CO. 5, 3 66, Jos. 127-130^.]

377 Francis Fane to Council of Trade and Plantations. I have reconsidered
July 27. an Act passed in South Carolina in 1731 for drawing juries by ballot

and for the administration of justice in criminal cases and also the objections of Chief
Justice Wright to the said Act. Mr. Wright's objection to the ist paragraph is that
persons named in the schedules annexed and no others shall be obliged to serve on
juries. But this nomination was to continue only three years which are long since
expired, after which a method is prescribed for naming the jurors, vizt. that the names
of those who have paid zos. or upwards for the preceding year's taxes shall be transcribed

176 STATE PAPERS COLONIAL [378

and out of those who have paid 5/. shall be made a list of grand jurymen, and after a
sufficient number of them are named all those who have paid zos. or upwards shall stand
as a list of petty jurymen (unless other lists be appointed by the assembly), which seems
to be a very fair and equal method of nomination. Indeed there is a restriction for those
jurymen that are to serve at special courts, vizt. that they should be inhabitants of St.
Philip's, Charleston, which seems to be intended only to prevent jurymen being obliged
on those occasions to take expensive journeys. After this follows the proviso for
summoning juries on inquests of office and other special occasions, to which Mr. Wright
objects that the method prescribed by the Act is impracticable, but this does not very
clearly appear to me.

He further objects that this method is contrary to our law which directs that juries
should be summoned out of the neighbourhood; as to which I think his objection very
material and can see no reason why juries on inquests of office should be summoned out
of the inhabitants of St. Philip's when the lands which the person died seized of may be
very remote from it. The paragraph which allows a conscientious declaration and
affirmation instead of an oath seems very loosely drawn. We have the like provision in
England in the case of Quakers but the Act prescribes the particular form of affirmation.
The paragraph in relation to the assistant judges mentions that they are to be com-
missioned by H.M. or by the governor and commander-in-chief, which last in my
opinion seems very proper on account of the necessity of supplying those places before
it can be done by H.M.

The allowing counsel and a copy of the indictment to felons is contrary to the
practice in England but seems in itself very reasonable, and in case of treason it is
allowed here by virtue of an express law; and even felonies though persons are not
allowed to make their full defence by counsel, the court generally indulges them in
giving their clients all possible assistance. The allowing a copy of the indictment may
indeed occasion some cavils but as those may be easily avoided by a little care in drawing
the indictments, I think there is not much weight in this objection.

Upon the whole as it is apprehended many inconveniences may arise in the adminis-
tration of justice if this law is not repealed, and as I cannot observe that the repealing of
it will be attended with any ill consequences, for the law relating to juries will then
stand upon the same foot as it did before the passing this law, I am therefore of opinion
that you may advise the repeal of it. Signed. z\ pp. Endorsed, Reed., Read 27 July 1738.
[CO. 5, 366, Jos. 107-108^.]

378 J. Bowden to Duke of Newcastle. Samuel Waldo has lately gone for
July 27. England to complain against Governor Belcher for hindering his

attempt to effect settlements of the eastern lands near Nova Scotia.
New Hampshire also has lately complained against the governor and everybody here
knows that what is set forth in that complaint is true. The dismissal of Governor
Belcher and his replacement by Mr. Shirley would be best for this province. What a
relief it would be to thousands of H.M.'s good subjects to deliver them from the
oppression and tyranny of this sad fellow. Signed. i\ pp. Endorsed, Reed. 15 October.
[CO. 5, 899, Jos. 341-342^.]

379 Order of King in Council approving draft instructions for Samuel
July 31. Horsey, governor of South Carolina, with alterations proposed by

Committee of Council for Plantation Affairs. [See A.P.C., Colonial
Series, 1 720-45, pp. 607-608.] Signed, W. Sharpe. Seal. $\ pp. Enclosed,

379. i. Instructions for Samuel Horsey, Governor of South Carolina. Draff.

386] AMERICA AND WEST INDIES 1738 177

6 9 pp.

379. ii. Instructions for the same relating to trade and navigation. Draff. 39 pp.
[CO. 5, 1 97, f os. 155-216^; copy of order, endorsed Reed. 8 May, Read 8 June 1739,
in CO. 5, 367, Jos. 23-25^.]

380 Same, directing that the Master General of Ordnance cause a supply
July 31. of great stores and smallarms to be sent to South Carolina. Copy,

Kensington. certi fi e j by James Vernon. 2^ pp. Endorsed, Reed. 8 May, Read 8 June
1739. [CO. 5, }6j,fos. 26-2jd.]

381 Same, ordering draft to be prepared of a special commission to
July 31. empower the governor of South Carolina to establish a court of

Kensington. Exchequer. Copy, certified by James Vernon. i\ pp. Endorsed, Reed.
8 May, Read 8 June 1739. [C>O. 5, 3 67, Jos. 21-220".]

382

July 31. Same, approving draft of additional instruction to President James
Kensington. Dottin of Barbados. Signed, W. Sharpe. Seal. \\pp. Enclosed,

382. i. Additional instruction to President Dottin to enquire into the accounts
of Francis Whitworth, secretary and clerk to the council of Barbados, and to recom-
mend to the assembly that provision be made for the payment of what is due. Draft.
\\pp. [CO. 5, 198, fos. 6-8</; copy of order and instruction, endorsed, Reed. 8 May,
Read 31 May 1739, in CO. 28, 2),fos. 79-82^.]

383 Same, appointing Reverend Walter Thomas to be a member of the
July 31. council of St. Christopher's in the room of John Garnett, resigned.

Kensington. Co ^ certified by James Vernon. 2 pp. Endorsed, Reed. 8 May, Read
8 June 1739. [CO. 152, 23, Jos. 215, 21 ^d, 220, zzod.}

384 Thomas Hill to Francis Fane, enclosing five Acts passed in Jamaica
August 1. on i March 1737/8 for his opinion in point of law, vizt. Acts for

raising money for subsisting the independent companies and preventing
exportation of several commodities to French and Spanish islands ; to oblige inhabitants
to provide sufficient white people; for a duty on spirituous liquors; for better preserving
the public records; for effectually settling the parish of Portland. Entry. 2% pp. [CO. 138,
i8,/>/>. 291-293.]

385 Minutes of meeting of Trustees for Georgia. Read letter from Robert
August 2. Millar dated 26 May 1738. Resolved that an application be made to

Palace Court. ^ L orc j s Commissioners of the Admiralty for a protection for the
Two Brothers brigantine, Capt. William Thomson, and n men, burthen 150 tons for
Georgia with passengers to settle there. \p. [CO. 5, 687,^.91.]

386 Council of Trade and Plantations to Duke of Newcastle, enclosing the
August 2. following papers relating to seizure of Success by Spaniards. Signed,

Monson, James Brudenell, R. Plumer. i p. Enclosed,
386. i. Extract of Governor Mathew's letter to Council of Trade and Plantations,

26 May 1738. See No. 247. 2^ pp.

386. ii. Affidavit of Ignatius Semmes, sworn before Governor Mathew, 13 May

1738. Copy, of No. 247. i. 2pp. [CO. 152, 40, Jos. 3 30-3 36^; entry of covering letter

in CO. 153, \6,Jo. -/id.]

12 XLIV

178 STATE PAPERS COLONIAL [387

387 Same to President James Dottin, acknowledging letters of 2 October,

August 2. 21 December 1736, 28 February, 14 May, 20 August 1737, and 24
January 1737/8, together with the several papers mentioned therein.
But we find on a review of those which you have transmitted to us that there are several
still wanting, vizt. minutes of council since those of 5 July 1737, journal of assembly
from April 1734 to 23 September 1735, all those since 28 June 1737, together with the
Naval Office list of ships entered or cleared since Michaelmas 1730. With regard to
your's of 14 May 1737 relating to the French settlements at St. Lucia and St. Vincent's,
we have laid all the papers which are come to our hands concerning that affair before the
Duke of Newcastle, and having nothing to say to you on that subject, we shall at present
content ourselves with commending you for the care you have hitherto taken and signi-
fying our desire that you would continue to keep the same watchful eye over the pro-
ceedings of our neighbours there and transmit such accounts as you judge proper for
our information. What you mention in the same letter with regard to Mr. Dunbar is not
to be altered, it having been settled by H.M. in council; but as to the case of Mr. Colleton
we shall make enquiry into it. At the same time we must inform you Mr. Harrison has
been recommended by this board and, as we hear, approved of by H.M. We have the
affair of the expenses of the court of grand sessions under consideration. We expect
that once in six months you regularly send us a list of members of council taking notice
of those dead or absent; and in regard to the last that you particularly remark from
whom and for how long a time they have obtained licence of leave. Entry. Signatories ;
Monson, James Brudenell, R. Plumer. 3 pp. [CO. 29, 16, pp. 71-74.]

388 Benjamin Martyn to Josiah Burchett requesting a protection for the

Augusts. T wo Brothers, 150 tons, Capt. William Thomson, eleven men and the

Georgia O See. passengers t h ere on. Entry. \ p. [CO. 5, 667, Jo.

389 Deputy Governor George Thomas to Council of Trade and Planta-

A . u g^st 3. tions, transmitting deposition of Daniel Cheston. As Cheston may be

c p la ' supposed to have represented matters as favourably to himself as the

nature of the case would allow of and yet appears to be very criminal, I have with the

advice of the council committed him to gaol till he find security to answer such matters

as shall be objected against him on H.M.'s behalf, as well as obliged him to return the

two negroes to Lisbon at his own expense, that being the most likely place to find a

conveyance for them to Bonavista. I have likewise written to H.M.'s envoy there

desiring that he would direct the delivery of the two negroes as he should think most

proper. Signed. i small pp. Endorsed, Reed. 9 October, Read 12 October 1738. Enclosed,

389. i. Affidavit of Daniel Cheston, master of the sloop William of Philadelphia,

sworn at Philadelphia, 22 July 1738, before Deputy Governor George Thomas.

Deponent with Joseph Wheeler, master of Triumph of Southampton, went to

Bonavista in Cape Verde Islands in April last to make salt. There they were badly

treated by the Portuguese governor and others who levied an arbitrary tax, demanded

presents, stole some goods and defrauded them. In reprisal deponent and Capt.

Wheeler took off two slaves intending to drop them off at St. Jago and complain to

the providore there. But Commodore Anson in H.M.S. Centurion at St. Jago advised

them that they would probably be detained if they did so. They accordingly decided

to make for British ports and disclose the whole proceeding. Signed. Attested, by

George Thomas. $ pp. [CO. 5, 1269, fos. 24-28^.]

39] AMERICA AND WEST INDIES 1738 179

390 Harman Verelst to Gen. James Oglethorpe by Charles, Capt. Reid, and

August 4. Two Brothers, Capt. Thomson, enclosing copy of Trustees' letter to
lce ' Mr. Causton by Col. Stephens and of the allowances then established
to Lady Day last which you desired. The Trustees sent you two letters returned from
Portsmouth after you sailed. They have sent you a copy of their present letter to Mr.
Causton whereby you will see the unhappy situation they should have been in had they
not taken the measures they have done to destroy all credit and prevent any expense
being made except what is immediately defrayed when they are in cash to direct any
more expenses. In confidence of your not issuing any of the 5oo/. in sola bills you
carried with you, which the Trustees desire you will not, and to prevent any further
uneasiness from the merchants who possess the accounts Mr. Causton has certified and
which amount now to 7,3 1 i/. i6x., besides the demands of Mr. Jenys's and Mr. Chardon's
executors are very large, the Common Council have agreed to pay these accounts as far
as they can; and what they are deficient in cash for so doing, some of those accounts
received latest will be sent back to Georgia to be paid out of sale of the Trustees' effects
there (whereof one for 77 zl. 4*. -jd. belongs to Mr. Simond which did not come to the
Trustees' office until 24th of last month) and the balance due to Mr. Jenys's executors
must be paid in the same manner.

You will observe by the account herewith sent you what large quantities of provisions
and necessaries Mr. Causton has received in store since midsummer 1737 and the large
amount of credit he has given the inhabitants, purchasing other provisions and neces-
saries from the same persons as he did and for which he has made the Trustees debtors
in his certified accounts. These sums thereby due to the Trustees together with their
effects in Georgia are the only fund to answer all expenses in Georgia to midsummer
1739 besides pay all outstanding demands there and what is deficient to answer the
certified accounts sent over, the Trustees being in the first place obliged to provide for
their expenses in England, the payment of the outstanding bill of zoo/, you drew to
Paul Jenys 27 April 1736 which has never been brought for payment and of the balance
due to Mr. Chardon's executors which Mr. Simond desires may be paid him here. The
Trustees therefore desire that you will give Mr. Stephens and Mr. Henry Parker such
directions as you shall think necessary for receiving the moneys as are still due in
Georgia and for the sale and application of the Trustees' effects there for these purposes.
And the Trustees are very sorry there is so much occasion to trouble you hereupon, you
having so full employment in your military concerns. As there is no establishment for
this year to take place, for want of money to answer one, the Trustees recommend it to
you in the directing the application of their effects after their debts are paid that the
surplus may be used for defraying only the most necessary expenses which may best
conduce to keep the industrious people from any real want until the Trustees can
acquaint you what further supply they shall have in the next session of parliament.

The Trustees long for the news of your arrival in Georgia and an account of their
affairs thereupon; which, when received, together with your opinion of what articles
of expense in the civil concerns of the colony for the further settling it and the encourage-
ment of produces from it to maintain itself hereafter shall be necessary (which is now the
only business of the Trust), they will be furnished with proper materials for urging to the
Minister that a sum may be put into the estimate in the next session to answer such ex-
penses, which if obtained and voted the Trustees will on the credit of such vote make
out their sola bills and send them for defraying the expenses they shall hereafter order;
and the money for payment of them will be in the bank before their return from Georgia
in order to have an early supply and to answer such expenses at the time of creating them,
by reason no debts can be hereafter contracted to make the Trustees liable.

l8o STATE PAPERS COLONIAL [39!

The Trustees cannot be at the expense of a church at Darien. [See No. 392.] Capt.
Thomson will sail next week with foreign servants for Georgia at his own risk. Several
of them come recommended to you by Mr. Van Riechen, the King's Hanover Secretary.
En fry. 3 pp. [CO. 5, 667, fos.

391 Same to Thomas Causton by Charles, Capt. Reid, and Two Brothers,

August 4. Capt. Thomson. The Trustees received your letters dated 20 April
Georgia Office. and ^ May j agt and j rece i ve d your letter dated 28 May last with
copies of your journal from 24 May 1737 to 24 July following, whereby the
Trustees have copies of your journal from Lady Day 1737 to the said 24 July and no
other copies of it whatsoever. On my presenting your said journal to the Trustees they
could not but observe that, instead of its being carried on to the date of your letter, some
part of it contained matter of a year before. In your letter of 26 May you acknowledge
receipt of the Trustees' letter dated 14 December last which came to your hands 30
March following by which you were directed to discharge the demands abroad with the
provisions, necessaries and sola bills you then had without certifying any more accounts.
Yet you have presumed to disregard the Trustees' orders and certified the following
accounts, vi2t. 7 April 1738 for 1297. 8x. ^\d. to Capt. James Mackpherson, balance of
his account to Lady Day 1738; i7th of same month for 3497. 17^. 6d. to Robert Williams
& Co.; and 28th of same month for 2417. 19^. 9^. to Messrs. Ellis & Ryan, making
together 72 1/. 51. -f\d. ; thereby dispensing with the Trustees' commands at your dis-
cretion which it was your duty to have punctually obeyed. By this extraordinary
conduct of yours, you have taken care to certify all the Trustees' money away without
leaving any for the present year; what application you have made of the effects received
and of the Trustees' sola bills which you have acknowledged the receipt of you have
sent no account, nor so much as mentioned what bills remained unissued.

You acknowledge the receipt of the two other letters of 1 1 January and 17 February
last whereby the Trustees renewed their former orders forbidding your certifying any
more accounts, to which by your letter dated 26 May last you have promised an obedi-
ence. But you are quite silent as to what accounts you have certified and may be still
outstanding. Two accounts came lately for payment since this letter was ordered; they
appear certified 7 March 1737/8 for 57/. i~js. of</. to recompense Standberry and 25
March 1738 for 7727. 4^. -jd. to Messrs. Montaigut & Co. The certified accounts brought
for payment since 12 June last (when the amount of effects and sola bills received by you
since midsummer 1737 was 13,3827. 191. -jd.) are as follows: Standberry, 577. i7/. od. ;
Montaigut, 7727. 4/. jd. ; 27 March 1738, Benjamin Munro, 2277. i8x. 6</.; Mackpherson,
1297. 8/. ^d. ; Williams, 3497. 17^. 6d.; Ellis & Ryan, 2417. 19^. <)d.\ total, 1,7797. jx. 8</.,
which increases the former sum to 15,1627. $s. 3</., a very large amount come to your
hands since midsummer 1737. You have therefore possessed yourself of what must
answer all expenses of the colony to midsummer 1739. F r tne 8,ooo7. received from
parliament this year, if the certified accounts yet unpaid of those sent over which
amount to 7,3 u7. i6x. (besides that to Capt. Thomson of 4697. is. i\d.} should be paid,
and for non-payment whereof the merchants now grow very clamorous, there is not
money sufficient to pay them and answer the charges in England. What is therefore
deficient for that purpose, and to answer any outstanding demands, must be sent over
to Georgia to be paid by the sale of some of the effects in store. For the debts are of
your contracting, without the Trustees' authority, and must be paid with what the
Trustees have abroad since they have nothing left in England by your most unaccount-
able management.

You mention your making up general heads of account for 1736 which would

391] AMERICA AND WEST INDIES 1738 l8l

represent to the Trustees the reasons for the general expense whereby they might with
more certainty fix their establishment. But you have not thought fit to send them that
account and have by the debts you have contracted put it out of their power to establish
anything and necessitated them to put it out of yours and every other person's power to
contract any more debts for the future to make them answerable for. As to the extra-
ordinary charges you mention on the arrival of Col. Cochran and part of Gen. Ogle-
thorpe's regiment, the Trustees have nothing to do with it, the regiment being payable
by the king and all charges relating thereto. The Trustees received their last money
only for the settling the colony and they can bring nothing to account in their discharge
which relates to the military part of the colony after the said arrival of Col. Cochran
and part of the regiment. Therefore whatever these charges are, if paid by you, must be
repaid by the regiment for the Trustees cannot be justified in allowing it.

The Trustees received your letter on the stating the late Mr. Jenys's account with his
brother, wherein you mention that it stood blended in Mr. Jenys's books with that of the
rum duty which occasioned delays so that the account could not be settled in Mr.
Jenys's lifetime. And now you have sent the Trustees an account without taking any
notice of the rum duty as if the money received from that duty was not to be accounted
for. \Detailed objections to these accounts} I have also extracted from your certified accounts
since midsummer 1737 the account herewith sent you of the different kinds of provisions
and necessaries you have received and for which you are accountable, the amount
whereof appears to be much more than sufficient to answer the ordinary consumption
of the colony, which has alarmed the Trustees the more at your receiving provisions
and necessaries in such large quantities and giving credit to persons without the Trustees'
authority. You must in your discharge thereof therefore state to the Trustees to whom
they have been respectively issued or how other ways applied. And in your remain of
stores on Gen. Oglethorpe's arrival you are now directed to state the prime cost of each
to let the value of the whole remain appear; and William Stephens and Henry Parker
must join in the certifying the good or bad condition of the stores so remaining. The
distance the Trustees are from you is so great and so much time lost in writing and
receiving answers, you should always endeavour to bring forward as well your accounts
as journal as near to the time of your letters as possible, your last journal being near
twelve months in arrear; and in your letter of i March last you mention that Harris's
behaviour will appear in your journal although such journal has never yet been received
which ought to have come with the letter. You must be particular in your answer to the
several matters herein taken notice of which at present appear so much to your dis-
advantage.

In your journal of 19 June 1737 you mention certain French prisoners brought down
by four Chickesaw Indians in order to be paid for taking them. The Trustees desire to
have the occasion of their bringing them and of their demand particularly explained.
For they know no reason why they were taken or brought to Georgia and know of no
orders given in relation to that matter, the king of Great Britain being at peace with
France.

The Trustees cannot but observe in your said journal what they think very extra-
ordinary : that in several places you mention the payment of money to persons without
putting down the sums paid and yet leaving blanks for them. They desire to be informed
with the occasion of such omissions, you having left the blanks, thus with a space
for the sum.

The Trustees having been made acquainted with Mr. Ellis's bad cargo of beef which
he deposited with you for sale 6 April last and which on 1 8th of the same month was
discovered unfit for use by the return of several casks you issued which, were not eatable,

l8z STATE PAPERS COLONIAL [392

and that on a survey of the said damaged beef 280 out of 290 casks were obliged to be
buried, they ordered me to let you know that this transaction is a matter between Mr.
Ellis and yourself as his factor and which the Trustees have not nor will have any
concern with. Richard Lobb was at the office the 2ist of last month and says that you
had no money left in Georgia when he came away in May last, not even so much as to
pay him a small balance which he was obliged to come over without. What then is
become of the Trustees' sola bills and for what services have they been issued ? No
account thereof has been ever yet received. The future support of the colony to mid-
summer 1739 must therefore arise from the effects you have bought which must be
applied or sold again for that purpose and from the credits you have given. For the
Trustees have nothing left to answer any expense here.

There is lately received from John Brownfield two accounts signed by you 29 April
last for the several amounts of particulars received by you of Messrs. Pitt & Tuckwell,
the one for io2/. jj. between 17 January 1737/8 and Lady Day 1738 and the other for
79/. 13-r. -fd. between 10 and 26 April 1738; and he writes that you very soon expect sola
bills sufficient to pay all the public demands and that you will then pay theirs. From
what grounds could you expect such sola bills if you expected the great number of
certified accounts you sent over would be paid ? Consider the expenses you have created,
far exceeding your authority and the Trustees' abilities ; and consider also this method of
receiving things in store in the Trustees' name to contract debts on their account without
any direction from them. But that will be amply provided against before you receive
this letter. It is only mentioned that these particulars so received from Messrs. Pitt &
Tuckwell must be paid by way of barter or sale of other particulars which you have
certified for and received of others without orders from the Trustees and more than the
services they directed to be performed had occasion for.

Mrs. Watson has been with the Trustees desiring you would send her back a letter
of attorney which she says she sent you to Georgia when she thought that her husband
was dead, as also a defeasance of judgement; which the Trustees would have you send
her back. And they desire to know whether Mr. Watson, her husband, has any account
with the stores unsettled. The Common Council on 6 June 1737, on the application of
John Vat, did direct that the 46!. 9s. jd. South Carolina currency stated due to him should
be paid to his servant Rubrecht Kalcker in Georgia, which direction not being then sent
you, if the said sum has not been yet paid, it must be now paid out of the remain of
stores. Entry, j pp. Annexed,

391. i. List of letters sent to and received from Thomas Causton since 12

January 1736/7 when Mr. Oglethorpe attended his first meeting after his arrival in

England. Entry, i p.

391. ii. Account of provisions and necessaries received by Thomas Causton in

Georgia and of the credits given by him since midsummer 1737 taken from the

several certified accounts which have come over to the Trustees' hands to 4 August

1738. Entry, i* pp. [CO. 5, 66j,Jos. 81-93^.]

392 Harman Verelst to William Stephens by Charles, Capt. Reid, and Two

August 4. Brothers, Capt. Thomson. This acquaints you of receipt of your letter

Georgia Office. tQ me dated i ? ^ f -^ j^ ^^ ^pij^jg o f a i etter to t h e Trustees

dated 29 March last and your journal to 15 April; also your letter to me dated 27 May
last and your journal continued. Enclosed is duplicate of last letter to you from me
dated 12 June 1738. The particular and intelligent manner of your journals, your sensible

392] AMERICA AND WEST INDIES 1738 183

letters and regular correspondence fully answer the Trustees' expectations and prove
very satisfactory to them. They now send you by the Two Brothers a young gentleman
well educated at the University of Dublin whose character has been strongly certified
by the Primate of Ireland whereby he obtained ordination of deacon and priest, and is
appointed by the Trustees to perform ecclesiatical offices in the room of John Wesley.
He comes with well admonished dispositions and the Trustees recommend him to you
for advice on all occasions, desiring your introducing him to the magistrates to have all
due countenance agreeable to his function. The Trustees are well satisfied you will find
him a man after your own heart, capable of doing good and whose behaviour it is to be
hoped will excite a suitable return from the inhabitants.

Mr. Causton having by his certifying so many accounts made the Trustees liable to
such surprising demands as have swept away the whole money granted by parliament
and having in his settling the late Mr. Jenys's account omitted to charge him with the
money he received at Charleston for the duty on rum, the said account is sent back and
what shall appear really due to the said Mr. Jenys's executors must be paid by the sale
of some of the Trustees' effects in the store, they having no money left in England to
defray the expenses of the colony to midsummer 1739 which must therefore be defrayed
by applying (or sale of) their effects in Georgia as well as all outstanding debts under
your and Mr. Henry Parker's directions. The Trustees have written to Gen. Oglethorpe
on that head also. The intended establishment for this year not being able to take place
for want of money to answer it, the Trustees recommend that in the application of their
effects after their debts are paid the surplus may be used for defraying only the most
necessary expenses which may best conduce to keep the industrious people from any
real want until they shall have a further supply in the next session of parliament.

Mr. Oakes, one of the king's coachmen, whose son was bound to the Trustees and
sent to Georgia having attended the Trustees on a complaint of the cruel usage given to
his son by Young the wheelwright (to whom the Trustees had assigned the said lad as
most proper by reason he had served of his time to that trade in England), the Trustees
desire you will send for the young man and enquire into the treatment he has received
from his master and of his master's neglect in employing him in the business of his trade.
And in case you shall find just reason for complaint the Trustees who are desirous that
all masters should be duly punished who use their servants ill but particularly Mr. Young
for using this lad ill who was a servant assigned to him from them for better purposes
and as matter of favour, being bred to his business; and therefore they think him a
proper example for punishment. If the lad desires to return home to his friends in
England rather than serve his time out and have the benefit of settling on land for him-
self in Georgia, you have the Trustees' full authority to vacate the lad's indenture and
send him home by the Two Brothers, Capt. Thomson, who sails for Georgia next week
with a freight of foreign servants at his owner's risk.

In your journal of 20 April last you mention that the minister at Darien had desired
your and Mr. Causton's opinion whether he might exceed the dimensions of the church
intended at Darien, those given being too little. The Trustees acquaint you that they
cannot be at the expense of building a church at Darien for the Scots, and therefore it
must not go on at their charge. They, as you desired them, now acquaint you that the
grand jury has no right by law to administer oaths. They desire to know whether the
inhabitants have a prudent caution of saving the timber they fell from their lands in
order when the sap is out to make proper use of, the Trustees finding that last year
Robert Williams brought sawed timber from Carolina which it might have been expected
from the number of sawyers in Georgia the inhabitants might have furnished themselves
with. Entry. 2.% pp. [CO. 5, 667, Jos. 75-76.]

184 STATE PAPERS COLONIAL [393

393 Same to Thomas Jenys by Charles, Capt. Reid, acknowledging receipt

August 4. of letter of 24 April last. The Trustees were always greatly obliged to
lce< your late brother and very sensible of his zeal for Georgia. The
account you sent over should have contained all monies received from the treasurer of
South Carolina for the duty of $d. a gallon on rum payable to the Trustees and receivable
by your late brother from i December 1733 by an Act of the assembly until the sum of
8,ooo/. current money was paid. To i March 1736/7 your late brother acknowledged to
have received 7,36i/. os. ^\d. currency of South Carolina in part of the said 8,ooo/.
(excepting a difference of i\d!) and the residue being 6387. 19^. -j\d. has been or may be
since received. The payments out of which sum to 10 September 1736 amount to
4,2967. 14^., balance in favour of the Trustees (if or when the whole 8,ooo/. is received)
is 3,7037. 6s. This balance will reduce the balance of the account you stated with Mr.
Causton to 5 667. 14^. 4\d. currency which at 74o/. per cent, (the rate of exchange in 1736
when your late brother stated the balances due from the Trustees to amount to 5 94/. 6s.
10^.) the sterling money will be 767. us. %d. The Trustees having passed a grant of
500 acres of land to your late brother and another to Mr. Baker his partner in 1735, the
consideration monies and registers thereof with the auditor amounted to 3/. $s. sterling
which reduces the said balance due to your late brother to 737. 8j. %d. The Trustees have
offered this to Messrs. Smith & Bonovrier. If the 6387. 19^. i\d. residue of the 8,ooo/.
currency is not received, the Trustees desire it may be paid you and your sister as
executors to your late brother by the treasurer of the province in discharge of the whole
sum granted.

The bill Mr. Bradley drew on me for 3o/. is no affair of the Trustees. Mr. Bradley
must answer for it, there being no effects of his received in England to pay it out of nor
a speedy likelihood of any. Account of rum is annexed. There is an outstanding bill of
zoo/, sterling drawn on the Trustees by Mr. Oglethorpe 27 April 1736 to your late
brother which has never come to England : your account states it drawn by Mr. Causton
but your brother's own account states it as it was drawn by Mr. Oglethorpe. Entry.
i\pp. Annexed,

393. i. Account of duty of $d. a gallon on rum imported into South Carolina for
raising 8,ooo/. current money for the use of Georgia received by Messrs. Jenys &
Baker of Charleston. Received from Treasurer, i December 1733-1 March 1736/7:
7,36i/. QJ. 4,\d. on 588,881^ gallons. To be received: 6387. 19^. -f\d. By drafts by
Mr. Causton, 13 May 1735-11 August 1737: 4,2967. 14^. Balance, 16 April 1737,
3,0647. 6s. ^\d. Entry. 2 pp.

393. ii. State of account of late Paul Jenys with Trustees for Georgia, showing
balance due to executors of 737. 8j. %d. Entry. 2pp. [CO. 5, 66j,fos. 76^-79.]

394 Same to Messrs. Crokatt & Seaman by Charles, Capt. Reid. I received

August4. y 0ur letter and have paid Mr. Pomeroy your account of the ozenbrigs
etc. In the enclosed Gazette you will see an article published by the
Trustees for Georgia which Mr. Abercromby, the attorney-general, who sailed on the
Samuel for Charleston undertook to have published in the South Carolina Gazette and to be
continued for one month. In case he is arrived and it is published the Trustees' expecta-
tions are answered; but if he is not arrived the Trustees desire you will immediately
cause the said article (which relates to credit) to be published as above, and the expense
thereof shall be paid to Mr. Pomeroy on notice thereof. If it has been omitted by accident
please remind Mr. Abercromby to have it done. The enclosed packet is to be forwarded
to Georgia by first opportunity. Entry. \p. [CO. 5, 66j,fo.j4 d.]

AMERICA AND WEST INDIES 1738 185

395 Governor William Mathew to Alured Popple. I send in a box [Note in

August 5. another hand: Not reed, when the letter came.] under the care of Thomas

Boyd the duplicates of minutes of assembly of Antigua for three years

past to i June 1738; and to these I now add minutes of council of Antigua i February

1736/7-26 May 1738 [Reed.]; minutes of assembly of Nevis 15 July 1735-13 June 1737

and so to 27 June 1738 [Reed.] ; minutes of council of Montserrat, 25 March-24 June 1738

[Reed.]; minutes of assembly of Montserrat, 29 March 1738-17 June 1738 [Reed.]. Signed.

i small/). Endorsed, Reed. 24 October, Read 25 October 1738. [C.O. 152, 23, fos. i6z-

396 Lieut.-Governor William Gooch to Council of Trade and Plantations,
August 6. enclosing the following papers. Signed. \ r small p. Endorsed, Reed. 19

September, Read 3 October 1738. Enclosed,

396.1. Account of H.M.'s revenue of zs. per hogshead in Virginia, 25 October
1737-25 April 1738. Balance brought forward, 5,423/. %s. z\d. Receipts, 777/. zs. z^d.
Disbursements, zzoj/. 8s. *)\d. Balance remaining, 3,993/. is. %d. Signed, John Grymes,
Receiver-General. Audited by John Blair, Deputy Auditor, 15 June 1738. Passed by
William Gooch. 2 pp.

396. ii. Account of H.M.'s revenue of quitrents in Virginia, 25 April 1737-25
April 1738. Balance brought forward, 4,5 35?. i8j. zd. Receipts, 3,91 il. is. %d. (each
county shown separately, how much land paid for etc.) Disbursements, i,z%-jl. is.
nd. Balance remaining, 7,i59/. 17^. nd. Signed, audited (31 July 1738) and passed as
preceding. 4pp. [C.O. 5, 1324, fos. 131-136^.]

397 President John Howell to Council of Trade and Plantations. On
August 8. Saturday last Mr. Fitzwilliam, governor of these islands, sailed from

lcc ' hence in a sloop bound to New York in order to get passage for Lon-
don, whereby the administration of this government during his absence has devolved on
me as eldest councillor, and I hope I shall have no manner of difficulty in keeping the
country and garrison in the same tranquillity and good order the governor has left them,
which I really did not believe the first year of his administration he would be able to
accomplish so soon as he did because of the distracted condition he found the inhabitants
in, occasioned by party disputes raised among them during the life of the late Governor
Rogers and kept up by the contrivance of that Colebrooke so often mentioned to you
until he fled the country. It is certain that the majority of the people of this island (who
are not quite of so good an original as I could wish them) were at first greatly alarmed at
the restraint put upon their loose, licentious inclinations by the governor; for before his
arrival most men here did what seemed best in their own eyes without having any regard
to the laws of God or man and this island was a safe refuge to every person that pleased
to come hither who had committed piracy or barratry in any part of the West Indies. But
I have now the pleasure to find that this place is grown odious to such vagabonds by
means whereof the few people we have are much weaned from their former ill habits and
greatly turned to industry and labour and our little town improved more within these
three years past in building than it was in twenty before; and if the present spirit con-
tinues among the people I doubt not but they will gain a more comfortable subsistence
than I have known them to have had these twenty years I have been among them.

The garrison has long laboured under difficulties by reason there is not such allowance
from the government as is usual for fire, candle, bedding and suchlike contingencies as
also in regard to their want of proper barracks and a sufficient proportion of provisions.
For they have never had more or indeed constantly so good as since the present gover-

l86 STATE PAPERS COLONIAL [398

nor's arrival, yet to speak the truth I believe they heretofore took more liberties with
people's plantations in the night than they dare venture at now: for that unjust practice
became so intolerable to the poor planters that they began to withdraw themselves to the
out-islands where they might be more certain of reaping the fruits of their labour them-
selves, which the governor observing soon after he landed, he set about to rectify that
abuse and it was with great difficulty he accomplished his purpose for as the feuds
increased in the country a spirit of mutiny was artfully raised in the garrison insomuch
that they would scarce pay any obedience to the commands of their officers. But that
spirit is quite vanished and they are become as orderly and submissive as any troops in
H.M.'s service. This short detail of the present state of the country I judged not improper
to give you at my admission to the government which I hope I shall conduct in such a
manner as to gain your approbation and that the governor will find the country at his
return in no worse situation than he has left us. Signed, z pp. Endorsed. Reed. 20 March,
Read 21 March 1738/9. [CO. 23, 4,Jos. 59, 59^, 64, 64^.]

398 Same to Duke of Newcastle. [In substance same as first paragraph of No.
August 8. 39-7] i am confident that a little encouragement from the crown to-
wards increasing the number of our inhabitants would very well

answer the expense. Signed. 2 pp. Endorsed, Reed. 19 March. [CO. 23, 14, Jos. 300-301^.]

399 Royal warrant to Governor William Mathew to admit Walter Thomas,
August 9. clerk, appointed councillor of St. Christopher's in the room of John

Kensington. Garnett> res i gne d. Entry. I p. [CO. 324, 37, p. 119.]

400 Council of Trade and Plantations to Lieut-Governor William Gooch.
August 9. Since our last of 15 October 1736, we have received your letters of 2

September, 5 December 1736, 8 January, 21 February, 16 May, 20
June, 19 August and 8 November 1737. Yours of 20 June 1737 gave us no small satisfac-
tion from the several answers given therein to our queries relating to the trade and
manufactures, of which we hope that you will continue from time to time to send us the
best account that you are able and likewise that you will inform us whenever any altera-
tions therein shall be made.

We have received your letters of 8 January and 19 August 1737 relating to the
boundaries of Lord Fairfax's lands. My lord had some time since made application to be
heard before us and a day was accordingly appointed; but before the time came the
Treasury thought proper to take the affair under their own consideration and as the
whole now lies before that board we have nothing further to say to you upon that head.

In the same letter of 19 August you mention the arrival of two factors employed by
the French farmers to purchase 1 5 ,000 hogsheads of Oronoko tobacco in your govern-
ment and in Maryland. At the same time you say the proposal they make is agreeable to
the laws of navigation and attended with no inconvenience but rather on the contrary
advantageous. As we have yet heard nothing of Mr. Kercher, one of these factors, who
you say is upon his return to London, we shall expect from you by the first opportunity
such further information as you shall be able to give us in this affair. We have received
the papers you mention in the same letter as sent with it. We shall only add that we
expect that once in six months you regularly send us a list of the members of council,
taking notice at the same time of such as are dead or absent, and that you particularly
specify in your account of the last from whom as well as for how long a time they have
their licence of leave so far as you are able. Entry. Signatories, Monson, James Brudenell,
R. Plumer. 3 pp. [CO. 5, i$66,pp. 290-292.]

404] AMERICA AND WEST INDIES 1738 187

401 Same to Lieut.-Governor George Clarke. Since our last of 22 June
August 9. 1737, we have received yours of 9 April, 9 May, 17 June, 14 October,

28 November 1737, 18 February and 2 June 1738, together with the
public papers transmitted by you. As regards the several Acts, you shall hear further from
us; but in the meantime we must acquaint you that notwithstanding your pressing
instances in favour of the Triennial Bill, backed by your son's arguments, who has
frequently attended us, we can by no means recommend it to H.M. for approbation.
Nevertheless we must desire you to use your utmost endeavours to obtain a settled
revenue agreeable to your instructions, in which undertaking we hope you will meet no
difficulty but what you will be able to get over. Your son and Mr. Paul Richard have been
recommended to the king to be of the council. We promise ourselves no small advantage
from your intended meeting with the Six Nations. We are very much concerned to find
that the French make such great advances but we hope that you will be able to prevent
them from doing us any essential prejudice in regard to the Indian trade, especially if you
obtain the liberty of building the fort you mention at Tierondequat. We commend your
readiness to assist Carolina and your care in preventing provisions being sent to St.
Augustine and doubt not but on every occasion you will use the same diligence thoroughly
to defeat any sinister designs of the Spaniards. Your letter of 17 December 1737, men-
tioned in your's of 18 February last, never came to hand. We expect the remaining
answers to our queries promised in yours of 2 June last by the first conveniency. We
expect likewise that once in six months you regularly send us a list of the members of
council, noticing those that are dead or absent, and particularly remarking from whom
and for how long licence of leave was obtained. Entry. Signatories, Monson, James
Brudenell, R. Plumer. 3 pp. [CO. 5, nz6,fos. 35-36.]

402 Same to the King, recommending disapprobation of an Act passed in
August 10. New York in December 1737 for frequent elections of representatives

to serve in general assembly, as an infringement of the undoubted
right which the crown has always exercised of calling and continuing the assembly of this
colony at such times and as long as it was thought necessary for the public service. Entry.
Signatories, R. Plumer, M. Bladen, Monson, James Brudenell. i p. [C.O. 5, iiz6,fo.

403 Same to the King. We have considered an Act passed in South Carolina

August 10. j n August 1731 for drawing jurors by ballot and for better administra-
tion of justice in criminal causes. We have likewise had the opinion of
Mr. Fane who has the following objections: [see No. 377.] We have likewise received
some papers from South Carolina relating to this Act and add as a further objection to it
that in cases of escheats and inquests of office on special matters the Act confines the
writ of venire facia s (by which jurors are summoned) to issue only from the courts therein
specified and takes no notice at all of the court of Exchequer; whereupon it has happened
that summons have been disobeyed under a pretence that there was no law in the
province to compel jurors to serve on such inquests. For which reason we lay the said
Act before you for your disapprobation. Entry. Signatories, Monson, James Brudenell,
R. Plumer, M. Bladen. 3 pp. [CO. 5, 401, pp. 302-304; draft in CO. 5, $9i,fos. 299-300^.]

404 Same to Governor William Mathew. Since our letter to you of 8

August 10. October 1736 and to you from our secretary of u August 1737 in

which he acknowledges several letters from you, we have received two

others from you dated 14 June 1737 and 31 March 1738, and have seen your's to our

188 STATE PAPERS COLONIAL [405

secretary of 18 July, 14 September, 20 October, 12 November, 10 December 1737, 23
February, i March, 1 5 April and 26 May 1738. In answer to the several letters relating to
the French settlements at St. Lucia, St. Vincent's and Dominica, and to the Spanish and
French depredations, all the papers upon those subjects have been transmitted to the
Duke of Newcastle to be laid before H.M. and likewise everything you mention in your
letter of 26 May 1737 has been before the Council. We make no doubt you have before
this received H.M.'s pleasure relating thereto. We therefore think it not necessary to say
anything more on those subjects. We have reported against the two Acts of Antigua, one
attainting the two Johnsons and the other for trying John Coteen and Thomas Winthorp
upon the evidence of slaves : we have been informed that orders have been already sent
you not to give assent to that relating to the Johnsons. We shall take a proper opportunity
to consider upon the settling the Virgin Islands. We expect that once in six months you
regularly send us a list of councillors in the respective islands under your government,
taking notice of such as are dead or absent, and particularly specifying from whom and
for how long they have obtained licences of leave. Entry. Signatories., Monson, James
Brudenell, R. Plumer. z\ pp. [CO. 153, \6,jos. 74-75.]

405 Same to Governor Jonathan Belcher. Since our letter of 23 September
August 10. 1736 we have received your's of 28 December 1736, 2 March, 10 and

12 May, 14 June, n July, 8 August, 17 and 24 September, 7 Novem-
ber, 17 December 1737, and 28 January 1737/8, together with the public papers therein
mentioned. In answer to all which in general, we shall only say that we have had the
several matters contained in them under our consideration but are not yet come to any
resolution so as to be able to communicate our thoughts to you on those heads. But to
enable us to form a right judgment with regard to the paper money, we advise you to
send us by the first conveniency the present state of that affair with an account of what
bills are standing out, what provision is made for sinking the same, and with every
particular relating to that head which may be of any service in giving us light into a
matter of so much obscurity. For Mr. Wilks, your agent, has given no satisfactory
account of that matter. We expect every six months a list of such members of the council
of New Hampshire as are either dead or absent, and that particularly with regard to the
last you specify from whom and for how long a time they have had licence of leave.
Entry. Signatories, Monson, James Brudenell, R. Plumer. 3 pp. [CO. 5, yij,Jos. 115-116;
draft in CO. 5, 897, fos. 149-150^.]

406 Harman Verelst to General James Oglethorpe by Two Brothers, Capt.
August 11. Thomson, and Minerva, Capt. Nickleson, enclosing copy of Trustees'

ce- last letter of 4th. inst. They now send you the following account of the
disposition of their servants in Georgia as it appears to them and of the directions they
have been given concerning them. The 40 menservants sent to the Darien under the care
of Lieut. John Moore Mackintosh, the Trustees have directed an account of to be sent
from him and certified by the magistrates at Frederica showing to which of the free-
holders at the Darien any, and how many, of the said 40 servants have been disposed of;
and also showing in what service the others of the said 40 servants and the 10 women, i
girl and i boy (part of those at the owner's of the Two Brothers risk put under the care of
Lieut. Mackintosh) have been employed and how the profit of their labour is accounted
for to the Trust. And as the grant for 300 acres of land in the southern part of the
province for the religious uses of the colony went over with you the Trustees desire that
the said land may be set out and have directed that seven of the servants now under the
care of Lieut. Mackintosh should be immediately employed in the cultivation thereof

405] AMERICA AND WEST INDIES 1738 189

and that the then residue of all the said servants at the Darien should be offered for
supplying the people at Frederica who want servants on their giving bond for 8/., the
expense of each head to be paid in twelve months from the date unless the profit of their
past labour (over and above the charges of their clothing and maintenance) being
accounted for to the Trust can reduce that sum ; and in that case the bond is to be given
for so much less.

For the following servants the Trustees have paid 8/. per head to Capt. Thomson's
owner which must be repaid to the Trustees by the several persons hereafter named, they
having been credited with them by Mr. Causton or Mr. Causton must be answerable for
what may be not paid, vizt. 6| heads in service of Thomas Causton being 4 men, 2
women, i boy; 2 men in service of Archibald MacBean; i woman, wife of Laughlan
MacBean; i woman in service of Alexander MacLean; i woman, daughter of Benjamin
Mackintosh; 3 men, i woman in service of Lieut. John Moore Mackintosh; i man in
service of William Mackintosh; i man in service of Kenneth Baillie; 3 men, i woman in
service of James Anderson; 10 men, i woman in service of John Bradie. Total: 32^
heads at 8/., 26o/.

The womenservants by Capt. Thomson's ship in the services of William Stephens,
John Brown and John Vanderplank's widow, the Trustees bear the charge of. The
womanservant to Nathaniel Polhill's widow by the said ship, Sir John Lade will pay for.
And the Trustees have directed me to call upon Miss Lupton, the sister of Mr. Upton's
wife, to try if she will pay the 8/. per head or any part thereof for the 3 men and 3 women-
servants by the said ship Mr. Causton credited Mr. Upton with: otherwise he or Mr.
Causton must be answerable to the Trustees for that 48/.

The servants by the Three Sisters amounted to 121^ heads, whereof 9^ heads Mr.
Causton took into his own service for which he is debtor to the Trustees at 6/. zs. 6d. per
head, 58/. $s. erf. And 29 men, 27 women, 16 boys and 15 girls making 7 if heads were
put under the care of Mr. Bradley with leave for masters in Georgia to repay 6/. zs. 6d.
per head, the charges of sending them, within six weeks and thereby free them from the
Trustees' service. The rest of the said servants were employed or disposed of as follows :
10 men, 10 women, 7 boys, 13 girls making 30 heads were appointed to work at the
crane and in the garden; 2 men, 2 women, 2 boys, 2 girls making 5-^ heads were appointed
to the millwrights at Ebenezer; 2 men, 2 women, i boy making 5 heads were assigned to
Capt. Gascoigne. Mr. Wragg has received from the Trustees the balance of his account of
the freight and the ioo/. for delivering these servants at Tybee; but as to the extra-
ordinary demand of 87/. i6j. (over and above the ioo/.) for want of a pilot coming off
from Tybee when the Three Sisters first arrived, the Trustees, without you can furnish
them on enquiring into the case with further reasons than the captain's protest and
certificate, cannot enter into it. The 37/. js. 9^. sterling received of the passengers in
Holland and made good to them by Mr. Causton, Mr. Wragg is still answerable for; and
Governor Horsey will be made acquainted therewith that it may be paid to the Trustees
out of the money due to Mr. Wragg from the province of South Carolina by virtue of the
Duke of Newcastle's letter now directed to Governor Horsey.

The Trustees have ordered that out of such of the 71! heads of German servants not
freed within the six weeks granted for that purpose and who still remain under Mr.
Bradley's care, seven of them should be employed in the cultivation of the 300 acres of
land at Savannah for the religious uses of the colony; two more of them with their wives,
such as Henry Parker shall choose, to be assigned to him from the Trustees in considera-
tion of his services as bailiff; and two more to be assigned to Thomas Christie if he still
continues in his office of recorder; and that the then residue of the said 71! heads should
be employed in the cultivation of Bouverie's Farm which must be set out and cultivated

190 STATE PAPERS COLONIAL [406

to discharge the Trustees of Sir Jacob Bouverie's benefaction for that purpose. The
Moravian Brethren having laboured in Georgia to the amount of z6o/. os. lod. sterling as
certified by Mr. Causton in two accounts dated 10 August 1737 and 25 February 1737/8,
and one of the brethren having delivered those accounts to the Trustees, they have
balanced their bonds by that labour and the Trustees have delivered them up.

The incorporated Society in Scotland for Promoting Christian Knowledge being
willing to bestow a sum on their missionary at Darien (over and above the annual 5o/.
paid to him) to enable him to procure servants to cultivate the land allowed him on
condition that the land so improved be declared by the Trustees to belong to the said
Society's missionary at Darien, the Common Council have resolved that on the surrender
of John McLeod's 5O-acre lot at the Darien to the Trustees it shall be granted for or
towards the maintenance of a missionary minister at the Darien for so long time as the
said Society shall continue to send and support a person to be missionary there, the said
missionary to be approved of and authorized by the Trustees.

John West having named David Provoost jnr. of New York, merchant, to succeed
to the lot at Savannah late Joseph Hughes's, and Capt. Thomson having consented
thereto, the Common Council have agreed to the same. Whereby it is to be hoped Mr.
West will be enabled to pay his io/. note to me for the Trustees' use dated 26 September
1735 and payable in two years; and the Trustees have directed him to be called upon for
that purpose and also to know if his draft on Mr. Causton to you 27 October 1735 for
6o/. sterling has ever been paid; and if it has not, that it may be. William Norris having
been very well recommended to the Trustees to succeed John Wesley at Savannah and
having received the ordinations of deacon and priest comes over by the Two Brothers to
take upon him the ministry at Savannah; of whose behaviour the Trustees have great
hopes.

On zist of last month the king signed the instruction to the Trustees relating to the
trade with the Indians in Georgia, which will be taken into consideration as soon as Mr.
Vernon comes to town, that if any part of it shall appear to want an explanation the
Trustees may apply for that purpose. The Lords of the Committee present when that
part of the report was settled were the Speaker, the Master of the Rolls and Sir Charles
Wager. As soon as the Trustees have come to a resolution hereupon you will be acquain-
ted with the result. Mr. Eyre and Mr. Thomas Tower met last Monday to consider of the
most effectual method to enforce the execution of the Act prohibiting rum in Georgia,
and they are of opinion that one proper method would be that on the summing up of the
evidence to the jury on any trial it should be general, whether they should find it rum,
brandy or any spirituous liquor, if they believed it to be a spirituous liquor sold, used or
brought into the colony, it was within the Act and by virtue of their oaths they would be
obliged to give a verdict and find the offence. The same gentlemen also considered of the
most effectual way for preventing private credit and are of opinion that a law should be
prepared by the Trustees on the foot of the Irish law for recovery of small debts which
has been regularly executed and without any inconveniences ; but that instead of con-
fining the debtor there should be a clause giving the creditor power over his debtor to
make him labour and work out his debt at certain times, computing a proper number of
days labour per pound sterling, and on the debtor's non-compliance he should be obliged
to work for the public or be confined. And something of this nature will be further
considered of.

The Trustees have sent the surveying instruments you desired for Mr. Auspurgur,
the surveyor, in a case and 1,000 gun worms in a box, the gun worms being part of the
presents designed for the Indians. The 40 pieces of duffels and 6 pieces of strouds in 9
bales and a cask, with pocket knives, looking glasses etc. for the Indians and a box of

408] AMERICA AND WEST INDIES 1738 19!

matchets, will be shipped next week on board the Minerva, Capt. Nickleson, Capt. Thom-
son not having room for them and no other ship going to Georgia this year. They will be
forwarded to Thomas Jones at Savannah or in his absence to William Stephens and
Henry Parker with other parcels on board the said ship which are sent to John Brown-
field by Mr. Tuckwell; and Lieut.-Col. Cochran's sergeant going over in the said ship
will take care of them.

The Trustees received a letter from Mr. Whitefield relating to the building of a
tabernacle, minister's house and schoolhouse at Frederica, which they think necessary to
be done out of the fund for the religious uses of the colony. But as he is coming over for
priest's orders there is time for doing it against his return. Charles Wesley thinks of
returning as soon as his health will permit him. Mr. Whitefield writes that he desires an
order from the Trustees to have money to bear his or Mr. Habersham, the schoolmaster's,
expense in their voyage back to England when they shall have a desire of returning. As
to Mr. Whitefield's coming back for priest's orders it is no doubt necessary but for Mr.
Habersham's return the Trustees don't see any immediate necessity if he is of any use in
Georgia, but they refer that to you who can judge better on the spot. The Trustees have
paid for Mr. Brailsford's passage by the Two Brothers and the Common Council ordered
him 257. for his attendance on the dispute between South Carolina and Georgia, which
has been paid him. Amos Callard sent to me this morning to attend him about the money
for Georgia, and although he fully depended on 4oo/. it is reduced to 3oo/. which is
ordered to be paid into the hands of the secretary to the Trustees ; and I have given Mr.
Martyn notice to go and receive it. Entry. 6 pp. [CO. 5, 66j,fos. 94-96^.]

407 Harman Verelst to Lieut. John Moore Mackintosh by Two Brothers,
August 11. Capt. Thomson, and Minerva, Capt. Nickleson. In November 1737 you
eorgia ce. h av i n g ^ o menservants put under your care and 10 women, i girl and i

boy, the Trustees desire an account from you certified by the magistrates at Frederica to
show them if any, and how many, of the 40 menservants have been disposed of and to
which of the freeholders at the Darien and also to show them in what service the other of
the 40 men and the 10 women, i girl and i boy have been employed and how the profit of
their labour is accounted for to the Trust; which account you are desired to transmit
them by the first opportunity. The Trustees also direct that seven of their servants now
under your care should be immediately employed in the cultivation of 300 acres of land
in the southern part of the province which Gen. Oglethorpe is desired to order to be set
out for the religious uses of the colony, and that the then residue of all the said servants of
the Trustees at the Darien should be offered for supplying the people at Frederica who
want servants on their giving a bond for 8/., the expense of each head, to be paid in twelve
months from the date unless the profit of their past labour (over and above the charges of
their clothing and maintenance) being accounted for to the Trust can reduce that sum;
and in that case the bond is to be given for so much less. And the Trustees expect that
those freeholders at the Darien who were supplied with servants in November last will be
careful in repaying their 8/. per head when the year is up. Entry, i p. [C.0. 5 , 667 ,fo. ioo</.]

408 Same to Rev. George Whitefield by Two Brothers, Capt. Thomson, and
August 11. Minerva, Capt. Nickleson. I received your letters of 6, 16, 27 May last

Georgia Office. which j laid before the Trustees. They are very glad you had so
pleasant a voyage and of the concurrent circumstances which made it so, but they are
sorry that pleasure was superseded with your own and the passengers' illness. I received
your letter from Gibraltar also, and the Trustees have sent you by the Two Brothers the
stationery you desired. Gen. Oglethorpe sailed from Plymouth 4th of last month and I

192 STATE PAPERS COLONIAL [409

have written to him about the tabernacle, minister's house and schoolhouse at Frederica,
for which there is time while you come to England for priest's orders and return. By this
ship Rev. Mr. Norris comes to officiate at Savannah in the room of John Wesley, and very
seasonably for the time you mentioned of your return to England. The expenses of your
voyage back I have written to Gen. Oglethorpe and Col. Stephens about, but I hope Mr.
Habersham will continue the care of the school until your return when he may remove
with you to Frederica, and the care of the school at Savannah will then be supplied by Mr.
Norris if Mr. De La Motte should not return. Yet if it is necessary for Mr. Habersham's
return with you the expense thereof, on that necessity being represented to Gen. Ogle-
thorpe or Mr. Stephens, must also be defrayed. Charles Wesley intends to return to
Georgia as soon as his health will permit him to be itinerant minister. Entry, i p. [CO. 5,
66j,Jo, 100.]

409 Same to Henry Parker by Two brothers, Capt. Thomson, and Minerva,
August 11. Capt. Nickleson. The Trustees have ordered you two menservants and,
eorgia ce. marr j e j ) their wives as well; you are to choose them yourself and

they will be maintained by the Trustees until further orders. They have also sent you by
the Two brothers clothing and necessaries to the value of i4/. ijj. part of the 2o/. they
ordered me to lay out for you; the remaining 5/. 5 s. you may supply yourself with shoes,
stockings and hats from Capt. Thomson and draw upon me for it, without you would
have that sum paid here to Mary Cooper your landlady for half a year's rent of her house
at Savannah from 16 June 1737 instead of your paying it under her letter of attorney, if it
is unpaid; or in discharge of any future half-year. The two years rent from 1735 to 1737
the Trustees have at two different times advanced her, for Mr. Causton as her attorney to
receive of you and place it to their account. P.S. China mug in the box you are to deliver
to William Stephens. Entry, i p. [CO. 5, 667, fo. 99^.]

410 Same to Thomas Jones by Two Brothers, Capt. Thomson. By this ship
August 11. comes consigned to Gen. Oglethorpe 24 half -hogsheads of molasses,

orgia cc> 425 pairs of men's and 151 pairs of women's shoes, a cask of shoes for
Mr. Carteret. Consigned to you (and if absent to William Stephens and Henry Parker)
come the following parcels : [see list in No. 412] which I hope will arrive in good condi-
tion. The bill of lading for the said consignment I have enclosed to William Stephens. I
gave notice to Mr. Edwards in Bucklersbury about Capt. Thomson's departure as you
desired; and the two persons you spoke of go by this ship. I hope you had a safe, though
I fear a very tedious voyage and that this finds you in good health. Entry, i p. [CO. 5,
667, Jo. 99.]

411 Same to Thomas Causton by Two Brothers, Capt. Thomson, and
August 11. Minerva, Capt. Nickleson. [Accounts and orders in No. 406 concerning

Georgia ce. serV ants by Capt. Thomson, the disposal of German servants by Three Sisters,
the succession of David Provoostjnr. to lands in Georgia, and the execution of Act prohibiting
rum in Georgia, are repeated here. \ Entry. 2 pp. [CO. 5, 667, fo. 98, 98^.]

412 Same to William Stephens by Two Brothers, Capt. Thomson, and Minerva,
August 11. Capt. Nickleson, enclosing copy of Trustees' last letter of 4th. inst.
eorgia ce. ^Q r( f ers j n NO. ^ o ^ concerning disposal of German servants, succession

of David Provoost jnr. fo lands in Georgia, and prohibition of spirits in Georgia, are
repeated here.] There comes consigned to you and Henry Parker (if Thomas Jones
should be absent from Savannah) parcels and boxes for the following: Mr. Carteret;

416] AMERICA AND WEST INDIES 1738 193

Henry Parker at Savannah; William Williamson at Savannah; Mr. Auspurgur; Thomas
Eyre, cadet in Gen. Oglethorpe's regiment; Thomas Young at Savannah; John Coolen
at Savannah; Rev. Mr. Whitefield; the secretary for Indian affairs; Gen. Oglethorpe (to
dispose in presents to Indians); mace for town court of Savannah; two boxes for your-
self containing letters, Daily Advertisers and parcels for Lieut.-Col. Cochran and Francis
Moore. Entry. 2 pp. [CO. 5, 66j,fo. 97,

413 John Adams to Thomas Hill, acknowledging letter and enclosing the

August 14. following. Signed, i p. Endorsed, Reed. 1 2 October, Read 1 3 October
Annapolis Royal. ^^ TQ ne by ^^ sQme ageflt applies Enf / ose

413. i. Annapolis Royal, 14 August 1738. Petition of John Adams to the King,
setting forth his services in the taking of Port Royal in 1711 and in Nova Scotia since
that time in the course of which he has become blind, and praying for a pension in the
short time remaining for him to live. Signed, i p. [C.O. 217, 8,/w. 29-31^.]

414 William Sharpe to John Scrope transmitting order of Committee of
August 16. Council for Plantation Affairs of 27 May 1738 referring to Council of

Trade and Plantations Lieut.-Governor David Dunbar's petition for
reimbursement for his settlement in Nova Scotia and the report of the Council of Trade
and Plantations thereon of 4 July 1738. The Lords of the Committee conceive it improper
for them to lay such an affair before H.M. and therefore send the papers to be laid before
the Lords Commissioners of the Treasury. Copy. z\pp. [see A.P.C., Colonial Series,
1 7 20-4 5, pp. 611-612] Annexed,

414. i. Order of Committee of Council, 27 May 1738. Copy, of No. 251. \p.
414. ii. Report of Council of Trade and Plantations, 4 July 1738. Copy, of No.

327. \\pp. [C.O. 5, 10, Jos. 108-109^.]

415 Thomas Causton to Trustees for Georgia. By advices just now re-
August 16. ceived from Mr. Horton dated i3th inst. I am informed that the

Spaniards are in possession of St. George's Island; that he keeps one of
the boats lately sent thither to give me further advices and has desired a supply of powder
and bullets ; and that I would engage a party of Indians which he is apprehensive may be
serviceable on the main. I wrote the enclosed letter to the president of council of South
Carolina. 1 I shall endeavour to procure what Mr. Horton desires but as we have very
little powder or bullet in any of your stores, I very much doubt if any powder I can get
from Carolina will be good. I shall not fail to transmit to you further advices when it
shall come to my knowledge and to use my best endeavours for the public safety. Signed.
i small/). Endorsed, Reed. 19 March 1738/9. [C.O. 5, 640, fos. IJO-IJK/.]

416 William Stephens to Harman Verelst, by Capt. Coe. On 2jth ult. I
August 16. sen t a packet jointly with another from Mr. Causton containing various

letters to the Trustees, yourself and many others with intent it might
go by a ship which my correspondent at Charleston had advised me was upon sailing ; but
by reason of my waiting some days longer than I would willingly have done till Mr.
Causton was ready, the packet (as I feared) came too late to Charleston and the ship was
sailed, which I was further advised of and that there was another would be going soon by
whom he would send that packet. Whilst I was meditating to be timely enough with
another letter that might possibly go by the same ship in company with my former, we

1 Not found.
13 XLIV

194 STATE PAPERS COLONIAL [417

are this instant informed by letters from Frederica that the Spaniards have actually taken
post on St. George's Island, which by the late agreement betwixt Mr. Oglethorpe and
them was to stand as a barrier betwixt the two provinces till the two crowns had farther
stipulated what was to be done and to be possessed by neither, whereupon Mr. Ogle-
thorpe in pursuance of that agreement withdrew what guard he had at that time upon the
said island of St. George. But in violation of that agreement they have now possessed
themselves of it, built a kind of barrack or hut for the present to cover their men and
have a sloop lying near them as a guard-ship to command or annoy any vessels passing
that way, which we are likewise informed they have begun to put in practice by firing on
a boat of ours wherein were some people under the direction of Hugh Mackay, junior,
who lately commanded at St. Andrew's and who was now going in search after two or
three of our people that deserted and are supposed to be gone off to the Spaniards. Mr.
Causton writes by this same conveyance to Charleston a full account of all which he
thinks needful to be laid before the Trustees, which though I can add nothing to, I
should expect to be thought asleep did I not also transmit such intelligence as comes to
hand be it of more or less moment.

Our people are no ways startled at this enterprise but seem to put on an air of con-
tempt; and I really think in case we were put to the trial we should find good hearts
plentier than ammunition stores, whereof they write for a supply at Frederica and Mr.
Causton writes for assistance of that kind from the government of Carolina at the same
time that he advises them of this insult. Surely we shall know more shortly. At present
(not having heard one word from England since in May last by letters dated in February)
all that we can learn of what they are doing in Europe is by the way of the Leeward
Islands or from the Northern Plantations, from both which places we hear that our
general with the remainder of his regiment is on his passage hither. How welcome he
will be you will easily judge and how acceptable a little good news from our friends in
your part of the world would be to us, I leave you to guess. Time will not allow me to add
more. This goes by a chance trading boat just setting off for Charleston and how long or
short a while it may wait there for a conveyance to England I know not. Signed. i\pp.
Endorsed, Reed. 19 March 1738/9. [CO. 5, 640, Jos. 15 2-153^.]

417 Governor Edward Trelawny to Duke of Newcastle. About three

August 17. weeks ago I received a complaint from Daniel Bloom, master of the
brigantine Turtle Dove of New York, against Capt. Michel commander
of a French guardacostas belonging to Hispaniola for seizing and plundering the said
brigantine; as also at the same time another complaint from John Tristram, master of the
'Elizabeth of Liverpool, against the said Michel for seizing his ship and carrying it into
Leogan where the council condemned it as a lawful prize but allowed him two months to
come to this island and get security for the ship and cargo in case sentence should be
confirmed in Old France. Copies of Tristram's deposition and Bloom's protest go en-
closed. On ist inst. I wrote to M. de PArnage, lieut.-governor of Hispaniola, by Capt.
Douglas in H.M.S. Falmouth, copy enclosed. On his return I will inform you what success
he meets with. Signed. i\pp. Endorsed, Reed. 21 November. Enclosed,

417. i. Protest by Richard Nicholls, notary public, on 9 June 1738 at New York
at the instance of Daniel Bloom, master of the brigantine Turtle Dove owned by
James Searle & Co. of New York. Bound from Jamaica to New York, the brigantine
was attacked on i May last off Cape Nicola and about six leagues from the shore by a
French sloop of 24 guns and 120 men commanded by one Michel. The Turtle Dove
was seized and taken into Leogan in Hispaniola and her crew put in gaol. She was
declared by the court there to have been unlawfully taken and Daniel Bloom re-

4l8] AMERICA AND WEST INDIES 1738 195

covered possession of her. He found gold and silver money missing and other damage
to the value of zoo/., together with personal effects of passengers and crew missing to
the value of 1597. For all these he could obtain no redress. He sailed from Leogan on
15 May. Daniel Bloom, John Millow mate, William Burns and William Dawson,
mariners, Peter Vallete and John Bell, passengers in the Turtle Dove, made oath on 16
June 1738 that the above facts were true. Copy, jj pp.

417. ii. Governor Trelawny to M. de 1'Arnage, Lieut.-Governor of Hispaniola;
St. Jago de la Vega, i August 1738. Enclosed is copy of protest of Daniel Bloom
against Capt. Michel. I make no doubt but you will cause the strictest examination to
be made into the affair, so that all delinquents may be detected, justice done, and
ample restitution made. I have likewise received another complaint from John
Tristram whose deposition is enclosed herewith. Such actions tend to the breaking of
the peace and treaties now subsisting between the two countries, liberty of navigation
being one of the great ends that they are framed to establish. This letter will be de-
livered by Capt. William Douglass of H.M.S. Falmouth. Copy. z\ pp.

417. iii. Affidavit sworn at Jamaica before William Henry North, 29 July 1738, by
John Tristram late master of the Elizabeth of Liverpool. About 18 May last deponent
sailed from Jamaica for London with a cargo of sugar, cotton and mahogany plank
of the growth and produce of this island. Through calm weather and contrary cur-
rents he was 3 1 days before he came up to the west end of Hispaniola, the usual
course taken by ships navigating through the windward passage, and had expended
about one-third of the water on board. About 20 June, lying about one league from
land near Donna Maria May, a place where ships from Jamaica to Great Britain
usually take in fresh water, the Elizabeth was stopped by & guardacostas commanded by
Capt. St. Michael, and taken to Leogan. There deponent and his crew were kept in
prison for 10 or 12 days. Soon after their release deponent was informed that the
Elizabeth and cargo had been condemned; but he was given two months to go to
Jamaica to get security for their value so that he might have his ship and cargo again
and the cause be tried in Old France. Copy. i\ pp. [CO. 137, )6,fos. 122-1 3 1</.]

418 Governor Alured Popple to Duke of Newcastle. I landed 9th of last

August 21. month and published my commissions in the usual form the next day.
I likewise issued a proclamation for continuing all officers civil and
military in their respective posts till further order and writs for calling a new assembly
who met 7th of this month and passed three Acts, the one to settle i4o/. this country
money (equal to ioo/. sterling) on me during my government here in lieu of such
advantages as accrued to former governors from the liberty allowed them of granting
licences for the fishery of whales, the second and third to make additions to my salary of
2407. a year during my government. As these Acts are entirely consistent with 26th and
27th articles of my instructions I hope they will meet with your approbation. I enclose
copies of these Acts, of my speech to the general assembly and of the addresses of the
council and assembly in answer thereto. As I have not been long enough here to be
enabled to give you so exact an account of these islands as I hope to do, you will excuse

fy finishing this letter with an account I received from Mr. Brownlow, master of a sloop
ho lately came hither from Rhode Island. He informed me of Mr. Trelawney's arrival
at Jamaica and that the Spanish guardacostas had pillaged four English vessels coming
through the gulf who for fear of condemnation threw their money overboard on sight of
the Spaniards. Mr. Brownlow likewise informed me that the French governor at Mar-
tinique had given the liberty of an open trade between that island and Rhode Island for
one year, that French vessels traded openly at Rhode Island, and that the Custom House

196 STATE PAPERS COLONIAL [419

officers there did not intermeddle. I do not pretend to surmise what may be the conse-
quence of a trade so contrary to the treaties between England and France. Signed. 1 J pp.
Endorsed, Reed. October. Enclosed,

418. i. Address of Governor Popple to Council and Assembly of Bermuda, i \pp.

418. ii. Address of Council of Bermuda to Governor Popple, 8 August 1738. i p.

418. iii. Address of thanks of Assembly of Bermuda to Governor Popple, 8
August 1738. i p. [CO. 37, ^%fos. 82-83^, 86-91^.]

419 Same to Andrew Stone. After a long passage of eight weeks from
August 21. the Land's End I landed here 9th of last month and have not before

now had any opportunity of writing to any friends in England. I hope
therefore you will not have thought me forgetful when I assure you that one of my
greatest pleasures here would be a more frequent correspondence than is possible to be
kept up in this place because sloops from hence do not go directly to England more than
twice a year. You will see by my letter to his grace what I have done since my landing or
more properly speaking what the assembly have done for me. The cheerfulness and
unanimity with which they made my settlement have given me much more satisfaction
than twice the sum obtained by dispute and party. Every person who, as you must
remember, threw up their commissions in my predecessor's time have taken them again,
and I flatter myself with the prospect of a very agreeable retirement. The want of con-
versation of some friends I have left behind is a great alloy to the pleasures this place
would otherwise afford. But as I am determined never to forfeit their friendship I
hope the present distance between us will not put me out of their memories. If I should
be guilty of any errors in my correspondence with his grace I rely on your good nature
in putting a favourable construction upon them. This will be an addition to the many
obligations I am already indebted to you for but I must yet add to the list by desiring you
will allow my brothers to wait upon you when they have anything to trouble you with
from me. Signed. P.S. Minutes of council and assembly not yet fairly transcribed, i \pp.
[CO. 37, 29, Jos. 84-85^.]

420 Same to Council of Trade and Plantations reporting arrival in same
August 21. terms as No. 418 and enclosing three Acts passed by the assembly. The

first is for laying a duty of i4/. on every old whale and for paying to me
i40/. per annum which with the exchange is equal to ioo/. sterling and the surplus of the
duty imposed by this Act is applied by the Act to the country's use. The second Act lays a
duty of 3//. per ton on all vessels but English, zs. on every bachelor above 21 years old,
and 5-r. on every horse, mare or gelding; and the treasurer by this Act is to pay me
annually i4o/., the overplus being applied as in the aforementioned Act. The tonnage
duty commences in May 1739 and the other duties from May 1740 because by an Act
passed during the late president's administration the same duties are laid and are to con-
tinue till the time these duties commence. The tonnage duty by the former Act is imposed
equally on all vessels without excepting those belonging to England but as that duty
expires in May next, as no English vessel has been here since excepting the ship in which
I came and which was excused paying that duty, and as no ship is expected in that time,
I beg that that Act may be suffered to expire. As I am no way concerned in point of
interest, my salary being to be paid whether that Act be repealed or not, I have under-
taken to represent thus much to you, and I do assure you that I will never give my assent
to any Act contrary to my instructions either in this respect or any other.

The third Act for paying me another ioo/. a year I must confess might as well have
been included in the second Act I passed. But as the assembly desired to have two Acts

420] AMERICA AND WEST INDIES 1738 197

and as by the 27th article of my instructions I am allowed to take such sums as the
assembly should by any Act or Acts think fit to settle upon me, provided such addition
be made for the whole time of my government and by the first assembly I should call, I
made no difficulty in giving my assent to the Act. I hope therefore these Acts will meet
with your favourable report upon them.

Mr. Dinwiddie who has been collector of the Customs here for many years has now
obtained the office of surveyor-general for the southern part of the continent, Jamaica
and the Bahamas. Mr. Walpole obtained this post for him, knowing him to be a man of
integrity and a skilful officer. He is one of the council here where he is likewise very
much concerned in point of property. As it will be very agreeable to him and the people
here if Bermuda be made a branch of his district instead of Mr. Dunbar's, 1 beg to add
my reasons why I think this change would be of advantage. Mr. Dunbar since his first
appointment has never been here to discharge this part of his duty and by being one of
the council in ordinary constantly occasions a vacancy at that board. Whereas if Mr.
Dinwiddie should have Bermuda added to his district, his desire to discharge his duty in
'every place, the settlement of his family here and the property he has in this place would
engage his attendance here about three months in the year when he could likewise dis-
charge his duty as councillor. Mr. Dunbar is no way concerned in interest in what I have
now proposed; if he was, I should not have mentioned the change. I enclose a proposal I
received from Mr. Dinwiddie relating to the introduction of British coin in H.M.'s
American dominions. The facts he mentions are so known that I have nothing to add to
it but my wishes for its success. I send you a French bitt and half-bitt as they are called
here, these and other foreign silver which passes for weight are the only silver pieces of
money we have here.

The little time I have been here has not yet permitted me to acquaint myself so
thoroughly with the people of this place as to be able to recommend to you six persons
proper to be appointed councillors in Bermuda according to my proper instructions. I
shall therefore for the present only mention three gentlemen whose characters here give
them a title with your permission of sitting at the council board ; their names are Natha-
niel Bascome, William Riddell and John Harvey. The first is speaker of the assembly, the
second is a justice of the peace here and a gentleman of a good family, and the third is one
of the puisne judges. As soon as I am better acquainted with the characters of the people
here I will send you a more complete list. Signed. }\pp- Endorsed, Reed. 17 October,
Read 18 October 1738. Enclosed ',

420. i. Address of Governor Popple to Council and Assembly of Bermuda. i%pp.
420. ii. Address of Council of Bermuda to Governor Popple, i p.
420. iii. Address of Assembly of Bermuda to Governor Popple, i p. Endorsed, as
covering letter.

420. iv. Bermuda, 17 August 1738; Robert Dinwiddie to Governor Popple. It
has for some time given me surprise and uneasiness to observe the introduction of
French coin to the British colonies where they pass current by tale and undoubtedly
is an obvious profit and gain to the importer, for they pass for very near ten per cent,
more than the usual exchanges from this or Leeward Islands to London. I therefore
having seriously considered the advantages that may accrue to this revenue if H.M.
should think proper to honour his dominions in America with his own coin.

I observe by the annexed account that H.M.'s military appointments in America
amount to 61,1957. iSx. 4^. or thereabouts. I therefore propose that this expense for
one year may be paid by a new coinage to be sent to each colony where the appoint-
ments are and have made the following calculations on 6o,ooo/. from the enclosed
piece of money, which allow to be current here at %d. and a,t Leeward Islands at 9^.,

198 STATE PAPERS COLONIAL [421

shall draw my calculate from them. The piece of money weighs 42 grains. If 42 grains
yields 8</., 480 grains or one ounce yields js. yf^., and if 5/. sterling gives js. ~jjd.,
240,000 ounces or 6o,ooo/. sterling will give 91,4287. i is. 5 ?*/., and 6o,ooo/. sterling at
the current exchange of 40 per cent, from this to London amounts to 84,ooo/. So that
by a plain demonstration there will be a gain of 7,4287. us. ^d. Bermuda currency
which is (the exchange being at 40 per cent.) sterling 5,3067. is. io\d.

For Leeward Islands. If 42 grains passes for 9^. and if 5-r. sterling gives 8.r. 6f^.,
240,000 ounces or 6o,ooo7. sterling will give 102,8577. zs. iojd., and 6o,ooo7. at
exchange of 57^ per cent, from thence to London will give 94,5007. So by this it's
plain there will be a gain of 8,3577. zs. ic$d. Leeward Island currency, which is (the
exchange being at 57^ per cent.) sterling 5,3067. zs. }\d.

And am very well convinced if the money be coined of the value of the enclosed
it will give general satisfaction, be a great ease to trade and service to each private
family. I at the same time conceive it absolutely necessary to have each piece milled
and laws to prevent clipping or defacing of the coin ; if thought proper |-bitts for
change as also double bitts, quadruples and 8-bitt pieces ; all coined in proportion to
above estimate, which will be readily received among the Plantations and go current
in proportion to the enclosed bitt. No doubt it will be judged proper on the adverse
of H.M.'s head a designation relating to the British colonies and a proper distinction
on each piece, vizt. figure i for one bitt, 2 for two bitts, 4 for four bitts and 8 for eight
bitts or pieces of eight.

This for some time has been my earnest intention to lay before the proper boards
at home. But as my friends have procured me an appointment that probably may keep
me some years in America I give you the trouble of perusing it. I beg you will send it
home. Signed. P.S. Military appointments and charges in the British colonies in
America. Regiment at Leeward Islands, 9,7757. i Ss. ^d. ; regiment at Annapolis Royal,
9,8307. 131. 4</.; garrison at Annapolis, Placentia and Canso, 2,5397. is. %d.; 4 com-
panies at New York, 7,1417. i6/. %d.; z old companies at Jamaica, 3,8417. izs. 6d.;
6 new raised companies at Jamaica, 11,5247. 17^. 6*7. ; i company at Bermuda, 1,0037.
i5/.; i company at Providence, 2,4667. 15^. iod.; i company at South Carolina, 3,0717.
js. 6d.\ i regiment at Georgia, computed io,ooo7. Total, 61,1957. iBs. ^d. zpp.
Endorsed, as covering letter. [CO. 37, i$,fos. 54-65^.]

421 Samuel Holmes to Benjamin Martyn. Having been in Georgia for

August 22. twelve months I have carried on the bricklaying and brickmaking
manufactory and brought it to that perfection that I make as good
stock bricks as can be made in England. I have made more than 100,000. If the Trustees
would furnish me with servants on credit I shall carry on the manufactory with courage
and faithfulness. John West, jointly engaged in brickmaking, uses me ill. I have a great
many good friends both noblemen and gentlemen but have not written to them by
reason I would not give the Trustees any trouble. James Brown, the City bricklayer who
lives in Crooked Lane, will give a character of me; Mr. Whitefield will not speak amiss of
me. Mr. Causton is civil to me because he sees me inclinable to work. Signed. Illiterate.
i^pp. [CO. 5, 640, fos. 1 54-1

422 Benjamin Martyn to Andrew Millar at Kingston, Jamaica. The Trus-

August23. tees have received your letter of 26 May 1738; they think it reasonable

you should go to Georgia with the ipecacuana you have got. But as

nothing appears to have been done for the money which they have already paid they

cannot charge themselves with any further expense on that account. They are sorry to

424] AMERICA AND WEST INDIES 1738 199

find that you don't mention any other plants but the ipecacuana for Georgia : they hope if
you have any others the colony will have the benefit of them as well as your other sub-
scribers since the principal intention of your going was for the benefit of that province.
Entry. \ p. [CO. 5, 667, Jo. 103.]

423 Minutes of meeting of Trustees for Georgia. Received receipt from
August 23. Bank for 3oo/. paid in i5th inst., being so much received by hands of

e urt< Amos Callard of New Inn, only surviving trustee under the will of
Timothy Wilson, out of charity money to be disposed of by that will. Read H.M.'s
instruction to the Trustees dated 21 July last to prepare a proper Act or ordinance for
settling the trade carried on by the provinces of South Carolina and Georgia with the
Indians on such a footing as may be for the mutual benefit and satisfaction of both the
said provinces, H.M. having at the same time given an instruction to Samuel Horsey,
governor and lieut.-general of South Carolina, to recommend to the council and assembly
there to pass a law for the like purpose in that province. Samuel Horsey being since dead,
resolved that a letter be sent to Gen. Oglethorpe to acquaint him therewith and that the
Trustees are desirous of having proper measures concerted for preserving the peace with
the Indians by licensing fit persons under the like reasonable securities and instructions
for regulating their trade with the Indians in both provinces and that for that end he
would consult with Lieut.-Governor William Bull for appointing persons to settle the
boundaries of each province and the nations of Indians within each boundary, that the
number of traders against the number of Indians in both provinces should be computed
to settle the nations which one licenced trader can supply, and the nations which require
more traders than one to supply them, and that one-half of the said traders might be
licenced by the commissioners for South Carolina and the other half by the commis-
sioners for Georgia, and that the plan of proper Acts might be prepared and sent over to
the Trustees for their consideration to answer the purposes of H.M.'s said instruction;
and that in the meantime the commissioners of South Carolina and Georgia may proceed
in their respective provinces in concert with each other to carry on a mutual trade to the
Indians in both provinces. 2 pp. [CO. 5, 6Sj,pp. 92-93.]

424 Harman Verelst to General James Oglethorpe by Minerva, Capt.
August 25. Nickleson, with copy of No. 406. The Trustees acknowledge receipt of

lce ' yours from Madeira. The i9th inst. Governor Horsey after a short
illness died, and the Duke of Newcastle's letter relating to Mr. Wragg's demand on the
province of South Carolina will now stand directed to Lieut.-Governor Bull, out of
which demand the Trustees are entitled to 3 y/. -js. yd. sterling received of the passengers
on board the Three Sisters in Holland and made good to them in Georgia, which Mr.
Wragg agrees to be answerable for out of that money when received from South Caro-
lina, whereof the Trustees desire you will acquaint Lieut.-Governor Bull.

Last Wednesday the Trustees met and considered of H.M.'s instruction relating to the
trade with the Indians in Georgia and herewith you have a copy of their minutes and
resolution thereupon; which they recommend to you to get adjusted with the present
lieut.-governor that amity may be settled to the mutual interest and benefit of both
provinces. Had Governor Horsey lived they did not doubt of that end being obtained
nor have they less reason to doubt of the good will of Col. Bull to co-operate with you in
those propositions which may be best conducive to an happy union with the provinces
and preservation of peace with the Indians. The same day which Governor Horsey died
the Master of the Rolls died also in Hertfordshire. As he was a great benefactor and
friend to Georgia in his lifetime it is possible he may have remembered that province in

20O STATE PAPERS COLONIAL [425

his will which will be examined for that purpose when brought into Doctors Commons.
Lieut.-Col. Cochran's sergeant, Mackenzie, taking his passage to Georgia on board
the Minerva by way of Charleston and taking care of those things shipped for the Trust,
the following are the particulars under his care for Georgia to be delivered to Thomas
Jones or in his absence to William Stephens and Henry Parker. Eleven chests. [Details of
contents given.] Entry. i| pp. [CO. 5, 66j,jos. 101^, 102.]

425 Same to William Stephens enclosing copy of No. 41 2, and copy of bill
August 25. of lading of 62 parcels consigned to Messrs. Crokatt & Seaman at

lce ' Charleston by the Minerva, Capt. Nickleson, who were desired to
forward the same to Thomas Jones at Savannah or in his absence to yourself and Henry
Parker. [Details of contents given} The Trustees condole with you for the loss of your
sincere friend Governor Horsey. Entry, i p. [CO. 5, 66j,fo. 102^.]

426 Same to Rev. George Whitefield sending duplicate of last letter and
August 25. acknowledging receipt of letter of 2 June last advising of your draft to

lce ' Capt. Whiting for the subsistence of the five heads on the Trust
account amounting to zo/. i$s. ^d. which I have paid to his wife. The Trustees are very
glad to hear of the willingness of the people at Savannah to attend your ministry and they
with you hope for their edifying thereby. Entry. \p. [CO. 5, 66j,fo. 102.]

427 Thomas Causton to Trustees for Georgia. The account mentioned in
August 26. m y letter of 25 July concerning the uneasiness of the Indians in the

Creek nation has a better appearance, Thomas Wigan the trader
having informed me that those Indians continue very well disposed towards the English
notwithstanding they are closely courted both by French and Spaniards. I believe I may
venture to say that there is more dependance on his accounts than what is related by
others, and I can find by him that the traders from Carolina and those who claim their
protection have done a great deal of mischief which probably may deserve punishment.

Capt. Roger Lacey died here 3rd instant, being returned from Augusta two days
before. He had been a long time ill and subject to frequent fainting fits supposed to be
nervous, occasioned by drinking too liberally. Mr. Lacey was incapable of giving any
account of affairs at Augusta but Lieut. Kent advises that crops there will not answer
expectation by reason of the excessive droughts, and believes they shall raise 100
bushels of corn, that the people are now in good health, and desires that the garrison-
boat may return loaded with provisions and ammunition. Mr. Lacey being dead (at the
request of the widow) I dispatched a messenger to the lieutenant to take care of his
effects. At a general court held yth July, Joseph Hetherington, Phillip Bishop and Francis
Elgar, servant to Mr. Lacey, were indicted for killing and destroying sundry cattle and
feloniously stealing the flesh thereof. The (now) widow Lacey was also indicted for
receiving part of the said flesh, knowing it to be stolen. Hetherington, Bishop and Elgar,
upon full proof, were found guilty on some of the indictments, and having requested
that the rest might not be proceeded on till they should write to the Trustees and receive
their answer, the court ordered proceedings to be stayed. Mrs. Lacey desired that the
prosecution against her might be delayed, and the court considering the absence of her
husband and the ill state of his health granted her request and admitted her to bail.

Believing it to be necessary you should be particularly acquainted with the proceedings
of the court, I have (once more) assisted in drawing up those proceedings though I beg
leave to say that the variety of business so much takes up my thoughts and time that I
would willingly avoid acting in that manner, believing it more properly belongs to the

428] AMERICA AND WEST INDIES 1738 2OI

recorder. Neither should I have mentioned thus much now, had not said Hetherington
and Bishop lately broken gaol through the top of the privy and with them Thomas
Wright, the Indian trader, who I lately mentioned to be in custody. The magistrate
issued a warrant for a hue and cry to be published and a reward of io/. sterling for re-
taking each of them, and as the fugitives would (very probably) raise reflections on the
colony as a pretence for their leaving it I desired Mr. Alexander Rantoul to publish in
the Carolina Gazette the fact relating to them. It is generally believed that this prosecution
affected Mr. Lacey's health but my enclosed 1 to him on that melancholy occasion will
show the care I took to prevent (as much as possible) the ill impression it might make. It
is too notorious that the convicts were very bold in their practice of killing cattle and
that Mrs. Lacey is also guilty of the charge and other ill-conduct. The killing of cattle (as
appears by this and other prosecutions now depending) is most evidently brought into
practice ; the magistrates have therefore resolved to apply to you for remedies suitable to
the circumstances of the people. I shall not fail to advise and comfort the widow in her
affliction now truly felt, and (if possible) guard her from evil councillors.

On 1 6th inst. I thought it necessary to dispatch the enclosed to you and I now enclose
an extract of Mr. Morton's letter to me as a reason for those dispatches as also those then
sent to the president of H.M.'s council of South Carolina 1 . On i9th inst. I received from
Capt. Gascoigne (who that day arrived at Tybee intending to wait the arrival of Gen.
Oglethorpe) the enclosed copy 1 of Ensign Hugh Mackay's letter to Capt. Hugh Mackay
containing an account of the Spaniard's behaviour, which letter was the sole occasion for
what Mr. Horton had advised. And as it appears thereby that Mr. Horton was much
mistaken I thought it my duty to transmit a copy. Mr Horton himself arrived here 24th
inst. and assures me that the report of the Spaniards being in possession of St. George's
Island is wholly groundless, that the firing on Mr. Mackay by the Spaniards was from the
main near their lookout, and that there is no appearance of breach of treaties or uncivil
behaviour from them. I enclose also copy 1 of my letter now sent to the president of
H.M.'s council at South Carolina. Signed. ^\ pp. Endorsed, Reed. 13 December 1738.
[CO. 5, 640, fos. i6o-i6i</.]

428 William Stephens to Trustees for Georgia. My last was of 25 July,

August 26. duplicate sent and continuation of journal to this day, to fulfil the
promise as well as I can which I made of transmitting a particular
account of the several plantations within the district of this town. I have now also
enclosed a short list of the number of acres planted and by whom, which without doubt
you will think a short list indeed. To me it is surprisingly so, but be it what it is I came
here not to put false colours upon anything nor to represent matters otherwise than I
find them, and the sure way to come at truth I saw was not to give too hasty credit to
more than one seer in such things, which I have carefully observed and taken some pains
to discover how easily I might otherwise be imposed on, for too many are ready and
willing to set an equal value on their performances with those who have taken much
greater pains. The distraction I found among all when I first came here, and such a
grown indifference with it of meddling with cultivating land among too many, gave me
sad apprehensions of the consequence till towards spring after that frenzy was abated,
finding I went on to clear land with what strength I had, they began more readily to
listen to my persuasions, when on a sudden a new spirit seemed to spring up and with
great pleasure I observed a pretty many set heartily to work whom I had little hopes of
any good from. This was so apparent that it soon grew to be the common opinion of

1 Not found.

2O2 STATE PAPERS COLONIAL [429

such as I thought good judges we should see great things done; and from thence it was
that I remember I was grown very sanguine in what I wrote you thereon. But now it's
too plain that before they took up that good disposition winter was near over (the
proper time for felling trees) and time lost was not to be recovered.

Thus far I thought necessary to say, partly in my own excuse for being at one time
more credulous than I thought it would become me to be now, when we are come to
facts. You will doubtless observe that in this list it does not appear above a fourth part
in number of the freeholders lots have any plantations on them, and it is as easily seen
likewise who began in good time, though it's but justice due to some of the occupiers
to say that when a poor man has wrought by himself or perhaps with his wife or little
boy to help him only, in such cases a few acres well planted I humbly conceive deserve
equal commendation with those who have exceeded in strength. That you may have a
thorough insight to the bottom of all pretensions of this sort among us, I shall in my
next extract another list of such as have at sundry times cleared several acres of land,
some of which has never yet been planted, some planted and for want of success thrown
up and neglected, and some who may yet be deemed useful men in the colony divers
ways, notwithstanding they are hitherto no planters, to which I shall also add a few
who have made signal improvements by building, brickmaking or other laborious
manufacture, and then leave the rest whom little can be said for to be ranked among the
vacant lots, and better were it if theirs were such. Could a reasonable computation be
formed of what might be expected from the produce of this list (short as it is) together
with the several distant plantations which I have sent in my former, even from thence
might be drawn an agreeable conclusion. But what I troubled you with in my last
concerning the disappointments we were fallen under as well from the long drought as
from our seed proving otherwise than we hoped, makes it needless to say more of it
here, I wish I might have said less.

To pass from the plantations to your public gardens will give as little satisfaction,
where I fear a relapse near to the state I found it in at my first coming, which with some
care and pains was then altered much and gave hopes of seeing better things as the
spring came on. But of late I think it is grievously neglected. I presume Mr. Anderson
wanted no instructions in what he was to undertake, and as I observed he was pretty
active for a season in directing what he thought needful, I am far from thinking his
discontinuance of it would have been voluntary; but (poor man) he and all his family
have been very long (some months) in a very weak and sick condition which yet so far
continues as to call for the prayers of the church. But the principal gardener under him,
one Fitzwalter, a freeholder of this town, deserves certainly the character of an idle
fellow, and as he could never stick long to anything commendable he perseveres in the
same loose way of life which I apprehend he will not easily break from now, having
married the widow of one Wright who had a licence for keeping a public house where
he naturally takes most delight. But I ought to beg pardon for offering such an insipid
tale when I should remember that Col. Oglethorpe (as we hope) is near us who wants
neither will nor power to rectify worse abuses than this, though the fewer he finds the
better. I commit the care of this to Mr. Whitefield whom indeed I should be sorry, as
well as many others, to part with were it not that we hope to see him in these parts again
confirmed to make his abode where he is so much beloved and so capable of doing much
good. Signed, z J small pp. Endorsed, Reed. 13 December 1738. [CO. 5,640,/oj. 158-159^.]

429 William Stephens to Harman Verelst. Since mine of 25 July to you

August 26. wherein were enclosed divers letters and papers as specified in that

letter, I wrote you again of 1 6th inst. a full account of such advices as

429] AMERICA AND WEST INDIES 1738 203

we had just received from the south relating to the Spaniards and being a matter of
importance (as was apprehended at that time) I desired it might be laid before the
Trustees; though, had it proved such, probably our enemies might have done what
they intended long enough before more help came from our friends maugre all the
opposition that could be given them. Mr. Causton wrote at the same time to the like
purpose and indeed it was universally believed in these parts that we were at last to
expect such a visit from the Spaniards as had been given out often. But, behold once
more, that story like some others ended in nothing and the truth very soon came out,
even before our letters had been gone 24 hours, as you will observe by my journal of
1 9th and other accounts which you will receive of that tremendous affair. At this very
time we hear from Charleston that a squadron of Spanish men-of-war of 5 o or 60 guns
from Old Spain are newly arrived at Havana and that it portends a design upon these
provinces. But why so? Have not we got as good a squadron as they in the West
Indies ? And in case of a rupture expected, it is but reasonable to suppose they will be
on their guard at least. No doubt but these things will come to some ecclaireisment
soon, for when there has been such a long smothering of fire it cannot well be expected
not to break out at last.

What in the name of wonder is become of our general ? and those forces with him ?
We hear both from the north and south that such aid is coming from the east, and the
last account of them comes by a brig which spoke with them (as it is said at Charleston)
at the Madeiras. So we prick up our ears and look out big with expectation every day
what we may hear more or see before night. Would to God they would come and bring
us a little good news from our friends in England and the Spaniards shall give me very
little trouble. Surely I shall then meet with some token or other of the Trustees' senti-
ments concerning their secretary who has never yet been so happy. I will not doubt it
after that very kind expression they were pleased to make use of when I last waited on
them, that they expected I would write my mind freely and believe I wrote to my friends.
I have sometimes thought that it would appear both by my journal and letters I was not
mincing matters, which is an evident mark of my relying on their candour. But of these
things I shall be better able to say more when I know more, wherefore I forebear
troubling you with many words now but beg leave to bespeak the liberty of writing more
particularly another day to you whom I have an entire confidence in. Only one little
affair requires to be said something of, which is that by a letter my son received from
Mr. Wragg lately, he made a demand of jo/, currency of him, being so much he had
supplied him with on his coming ashore at Charleston in that manner he did last winter,
which Mr. Wragg desires may be paid him in sola bills for that he cannot make charge of
it to the Trustees. My son tells me that in the distress he then was he wrote you of it
but did not presume to draw a bill (wherein he was right), not doubting but you would
have been pleased to take proper notice of it. But such small things are easily forgot
and therefore now I ask leave to remind you of it, promising myself that it was not
meant my son or I should meet with such a welcome at first coming to Charleston, but
from what Mr. Causton tells me he apprehends Mr. Wragg might very properly have
made charge of it in his account. Herein you will be so good to advise me.

What can I say about my good friend Col. Horsey, not knowing where to find him ?
Pray let all whom you see that have any share in his family know that the respect and
value I have for him and his can never be extinguished. Possibly he may now be on the
sea in his way to his government. Providence has not been unkind to him in keeping
him so long back, for the smallpox has made such destruction at Charleston this summer
that the place is almost abandoned and desolate, and the assembly lately met for the dis-
patch of necessary business at Port Royal. I am told they have at times buried 70 white

204 STATE PAPERS COLONIAL [430

people at Charleston in a week. I believe the season was never known hotter than of late
here after a healthy summer so that agues and fevers begin to abound among us. But I
hope the return of moderate weather will bring health again to both provinces and then
how happy should I be to hear Col. Horsey himself tell me he left Mr. Verslst and all
friends well. Signed, if pp. Endorsed, Reed. 13 December 1738. [C.O. 5, 640, fos. 156-

430 Patrick Grant to Trustees for Georgia Your concern for the welfare

August 28. of this colony first induced me to apply to James Oglethorpe for lands.
Though known to none of you besides him, I take upon me to re-
present to you some very great grievances and first those which only relate to myself. On
25 May last, being a grand juror duly sworn to enquire into the death of one Priest
supposed to have been killed by John Brown of Highgate, having met Mr. Parker,
bailiff, in the public street, he bid me adjourn the court; and upon my answering that it
was not my duty he called me several ill names and threatened me, to which I made no
reply, but finding Mr. Parker in a very unfit condition to be reasoned with, I civilly
left him and directly went to acquaint Mr. Jenkins, whose duty it was, with whom I
returned to witness the adjournment of said court. But before we got to the court-
house Mr. Parker informed us that the court was adjourned by Robert Hows,
tithingman, and after insulting me in the presence of Mr. Jenkins, Mr. Ormston and
several others with very opprobrious and scurrilous language without the least pro-
voking answer upon my part he assaulted with a cane which he got out of the hands of
Mr. Christie, recorder, who run in upon, seized and struck me at the same time. During
all this time I only acted defensively and never struck a blow. I was then imprisoned,
bail being refused. I was moved to another prison where all the lights were nailed up
and confined there for 14 days without light. I fell sick there and my physician was
debarred access for several days. The privilege of being in the custody of an officer at
his house was refused me though given to Mr. Brown, committed for murder. Petitions
to be examined and tried were rejected; I am informed private affidavits were taken
against me by persons of infamous character. I was obliged to sign a recognizance for
contempt of court in order to purchase my liberty. I undertake to prove the above
propositions under pain of death. I am told that my refusing to adjourn the court in
the public street is the same as if I had refused in the face of the court. My reasons for
refusing were, first, there is an order of court that only the wards on guard where the
court is held should be obliged to attend and no others; the ward to which I belonged
was not on duty. Secondly, there is an order of court that no grand juror should be
obliged to attend. Another reason is the bad usage I received from Mr. Parker who was
then intoxicated with liquor.

I take it for granted that you have been informed of the general uneasiness and dis-
satisfaction which subsists among the people occasioned by the oppressive conduct and
implacable temper of Thomas Causton, first bailiff, storekeeper and cashier, who by
those latter offices in conjunction with the former has a dangerous power of alluring
the minds of the weak by putting them under strong temptations to bias their judgments
to gratify his passion and private resentments, and (upon the slightest affront, perhaps
the tattle of some old woman) of punishing the most industrious by denying those
necessary assistances to carry on their work. A very dangerous custom, I am informed,
has lately obtained here, vizt. when Mr. Causton has any private quarrel with any
person and in order to revenge the slightest affront, private affidavits are taken against that
unfortunate though perhaps innocent person, which are sent home to England, by which
means the character and reputation of that person is sullied in your opinion without the

432] AMERICA AND WEST INDIES 1738 205

least knowledge of the person concerned. Whether this be true or false I cannot pretend
to determine; several well-meaning men are of that opinion who think it almost im-
possible that you can be rightly informed by reason of these clandestine affidavits.
Whether there have been any taken against me I am not absolutely certain. If there are
such and they contain anything contrary to the above mentioned, they are false and
calumnious. The usage which I have received was entirely owing to private resentment.
I beg that you will order a fair and legal enquiry. Signed, j pp. Endorsed, Reed. 1 3 Decem-
ber 1738. With constable and tithingmen's and Edward Jenkins's certificates. [CO. 5,
640, fos. 164-167^.]

431 William Horton to Trustees for Georgia. As I now daily expect the
August 28. arrival of Gen. Oglethorpe into this colony and then to deliver up the

charge which he was pleased to leave with me relating to the south-
ward part of it, I think it my duty to acquaint you of the situation I left it in four days
past. The people of Frederica have and I thank God still do enjoy an uncommon share
of health and I have taken some pains to keep a good harmony amongst them and
therein have succeeded to my wishes for no set of people in their circumstances live in
a more peaceable manner than they have done for many months past; they have cul-
tivated as much land as they can take care of themselves but for want of servants have
not been able to clear so much as their neighbours at Darien. The crops of corn at
both places are very bad, the seed was far from being good, and the season proving very
dry it is generally parched up. The gardens at Frederica are very flourishing and are
great helps to the people. Your storekeeper there has acted with great integrity and his
accounts which are now going to be settled with Mr. Causton in order to be transmitted
to Mr. Verelst will make it appear.

In June last a Spanish launch with an officer and ij men arrived at my house at
Jekyl with a letter for me from the governor of St. Augustine acquainting me that a
party of mulattos and Spaniards had deserted with a large canoe and desiring me to assist
the officer in taking them, desiring also the continuance of a good correspondence. The
officer went thence by sea to Carolina in pursuit of the men and in his return attempted
to come within land by Frederica, but as they never have seen that fort I sent the scout-
boat with orders to carry them back and not suffer them to pass within sight of the town,
which was accordingly done and the officer brought again to Jekyl when Col. Cochran
sent the governor advice of his arrival with the regiment. I am informed that advice
has been sent to you that the Spaniards had taken possession of St. George's Island.
Such a report came to Frederica but that isknd still remains neutral as agreed upon
between the general and the late governor of St. Augustine. Ensign Hugh Mackay who
was sent in pursuit of three deserters from Amelia had some shot fired at him by a
Spanish sloop in St. Juan's River after the Spaniards had sent out a boat with a flag of
truce which he would not speak to. Signed. z\ pp. Endorsed, Reed. 13 December 1738.
[CO. 5, 640, fos. 162-163^.]

432 John West to Trustees for Georgia. For two years I have at great
August 28. expense brought a brickwork to perfection so that I could now make

1,200,000 good stock bricks a year if there was call. I can deliver them
to any part of Savannah at 2jj. per thousand. I hope I shall have your encouragement
as the first that ventured at it. I have this year made upwards of 200,000, with which
several large stacks of chimneys are already built. We are pretty healthy now in general
and want for nothing more than the sight of Gen. Oglethorpe. Signed. Illiterate, i p.
[CO. 5, 640, fo. 1 68, i68</.]

206 STATE PAPERS COLONIAL [433

433 Governor Jonathan Belcher to Council of Trade and Plantations.
August 29. The last letter I received from you bore date above eighteen

months ago, since which I find eight of mine that had reached
your hands. I shall esteem the honour of an answer when your more important
affairs may allow. I have transmitted to you the journals of the House of Repre-
sentatives of this province and the secretary has the several Acts and laws with the
proceedings of H.M.'s council. I now enclose report of a conference with two of the
tribes of Indians on the eastern frontiers of this province, where by the latest accounts I
have received they remain peaceable and friendly though the inhabitants in some places
have been frighted, as they have thought, by Indians about their houses in the night,
upon which I expressed my orders to all the garrisons and to the people on the frontiers
to be prudent and cautious as to themselves and yet to avoid as much as possible giving
the Indians jealousy of their fears, for which I can't find they have any great reason. I
could heartily wish that the affair of the settlement of the lines between this province and
New Hampshire was expedited, that the borderers thereon might be quiet and easy in
their possessions and labours. Signed. 3 small pp. Endorsed, Reed. 24 October, Read
25 October 1738. Enclosed.

433. i. Report of a conference with the Penobscot and Norridgewalk Indians in
the Council Chamber, 28 June-6 July 1738. Present: the Governor and Council,
Adeacunkee, principal of the Penobscot, Wiwurna, principal of the Norridgewalk,
and eight others. The Indians complain of the commissions which make the Indians
that have them exceedingly proud. They like the articles of peace. They complain
of the truckmaster at George's and of the high prices of goods sold them; they
would rather sell their beaver for money, even paper money, than for goods. They
desire that supplies of rum should be limited to one quart a man and that Englishmen
should keep to the lands within the bounds set. In reply the governor stated that he
cannot control prices but that in other matters he will take care of the complaints
and observe all treaties. Copy, examined by J. Willard, secretary. 25 small pp.
Endorsed, as covering letter. [CO. 5, 88i,/oj. 5-6^, 11-25^.]

434 Edward Bush to Trustees for Georgia. Mr. West has told me he
August 30. purposes to leave off the blacksmith's business. If you will send over

iron, coal and two servants I will undertake the work. Signed, i small p.
Endorsed, Reed. 13 December 1738. [CO. 5, 640, fos.

435 John Vanderplank to Benjamin Martyn, enquiring terms and con-
September 2. ditions of settlement in Georgia. I can procure 10 or 20 servants and

out ampton. w j s h for 1,000 acres of land. Signed. P.S. If you have plan, map or
printed account of the place, please forward it to me. 2pp. [CO. 5, 640, fos. 172-173^.]

436 President James Dottin to Council of Trade and Plantations trans-
September 6. mitting public papers. Signed. \p. Endorsed, Reed. 21 November, Read

28 November 1738. Enclosed,

436. i. Accounts of duties on liquors and negroes imported into Barbados for
two quarters, 13 December 1736-13 June 1737. Number of ships bringing liquors:
14. Number of ships bringing negroes: 7. Number of negroes imported: 333.
Gross receipts of duties including sums bonded: 9117. i8j-. ^\d. 4pp. Endorsed, as
covering letter.

436. ii. Public account of Barbados for same period. Signed, John Bignall,
Treasurer. 6pp. Endorsed, as covering letter. [CO. 28, 25, fos. 68-76^. ]

443] AMERICA AND WEST INDIES 1738 2OJ

437 Same to Duke of Newcastle, transmitting public papers. Signed, i p.

September 6. [C.O. 28, 45, fos. 409-410^.]
Barbados.

438 James Abercromby to Harman Verelst. By Mr. Whitefield I acquaint
September 8. the Trustees with my being arrived here and having transmitted to

Charleston. Mf Stephens what j had in c h arge from them. By enclosed Gazette
you will see the exact time notice was given in this province as to public credit in
Georgia. Mr. Whitefield will inform the Trustees in person as to the state of their
affairs. Signed. \p. [C.O. 5, 640, fos. 174-175^.]

439 Governor Lewis Morris to Council of Trade and Plantations. On
September 11. 2 6 August I received H.M.'s letters patent appointing me governor of

t m oy. ^ ew j erse y_ i published them at Amboy on 29th and at Burlington a
few days afterwards. The people are greatly pleased with being governed by a different
person from the governor of New York. I have ordered writs for the election of an
assembly to meet on 26 October; and if a judgment is to be formed from the general
satisfaction that at present appears I am not without hopes of a good issue from their
meeting. They have warm desires and are big with hopes of carrying on a trade directly
with Great Britain instead of receiving European commodities from their neighbours
of Boston, New York and Pennsylvania. I wish their success may answer the expecta-
tion, though I fear it will be a work of more time than they suppose. If they continue
in the same mind when I know the methods they propose I shall communicate them to
you for your further commands thereon. Signed, i p. Endorsed, Reed. 26 October, Read
31 October 1738. [C.O. 5, 973, fos. in, nid, 114, u^d.]

440 Same to Duke of Newcastle acknowledging receipt of letters patent

September 11. [as preceding}. Signed, i p. Endorsed, Reed. 3 November. [C.O. 5, 983,
Perth Amboy. / IT

' fos. 92-93^.]

441 J. Jones to Duke of Newcastle, renewing his request of 25 July last
September 13. for a lieutenant's commission in one of the independent companies at

Jamaica. Signed, i p. Endorsed, Reed. 31 December. [C.O. 137, 56, fos.
1 3 2-1 3 3 </.]

442 James Oglethorpc to Trustees for Georgia. We are now in the
September 3. soundings off the coast of Georgia a good deal to the northward of

our port. Sir Yelverton Peyton in the Hector is going to leave us for
Virginia and sends this letter. The officers, the men and their families are (God be
praised) all well. Signed. \p. Endorsed, Reed. 24 November 1738. [C.O. 5, 640, fos. 176-
177*]

443 Same to Duke of Newcastle. I take the opportunity of Sir Yelverton
September 13. Peyton who is just going to separate from us in the Hector, he being

bound for Virginia. The men are most in health and we have had a
very happy passage to this place which by computation is about 30 leagues N.W. from
Frederica, the port we are bound to. We have felt ground with the lead but have not
yet seen the coast nor have heard news from thence. Signed. \p. Endorsed, Reed. 25
November. [C.O. 5, 6)4,fos. 168-169^.]

208 STATE PAPERS COLONIAL [444

444 Governor William Mathew to Council of Trade and Plantations. I
September 14. se nd in a box recommended to Capt. Pipon's care duplicates of

minutes of council of Antigua, i February 1736/7 to 26 May 1738; of
minutes of council of Montserrat, 25 March 1738 1024 June 1738; of minutes of assem-
bly of Nevis, 15 July 1735 to 13 June 1737 and so on to 27 June 1738; and of minutes
of assembly of Montserrat, 29 March 1738 to 17 June 1738. And to these I now add
minutes [In another hand: originals] of council of St. Christopher's, 9 February 1737/8 to
20 July 1738. Signed, i small p. Endorsed, Reed. 7 December 1738, Read 10 January
1738/9. [CO. 152, z^fos. 169, 169^., 173, i73//.]

445 Lieut.-General George Clarke to Council of Trade and Plantations.
September 16. The enclosed accounts of numbers of people and of militia complete

>r ' my answer to your queries. My son having signified to me your
commands concerning the Bermudas petition against the Tonnage Act passed here in
1734, 1 have laid the matter before the council and assembly as it was an Act passed before
I had the administration of the government; so soon as they furnish me with their
reasons in support of that Act I will lay them before you. My speech to the assembly is
enclosed. What they will do this year I cannot tell. But next year they must give H.M.
such a revenue as former assemblies have given or suffer a large sum of their paper
money to fall to the ground for want of a fund to support it. This is a staff which I now
have in my hands and ought by no other means to part with than that of their giving
such a revenue as I have asked ; and unless a governor has now and then some advantage
over these people he will find it difficult to bring them to reason and their duty.

The letter from the commissioners of Indian Affairs (copy enclosed) I received a few
days ago and have sent it to the speaker to be laid before the house, desiring them to
enable me to defeat the designs of the French. For if they possess themselves of the
Wood Creek not far from which they built the strong fort mentioned in the letter at the
Crown Point about five years ago, they will become masters of that part of the country,
and in case of a rupture oblige all our planters to quit their habitations ; and if they
possess themselves of Tierondequat they will intercept all our western fur trade that
centres now in Oswego and will by degrees become entire masters of the whole Six
Nations. From hence you will perceive that these two posts are of the utmost importance
to this and every other part of H.M.'s colonies in North America. I presume to think
that these attempts of the French to settle on this side of the lakes and on any lands
belonging to the Six Nations are no ways warranted by the treaty subsisting between
the two crowns, and I fear that if some effectual method be not taken to obtain orders
from the court of France forbidding the governor of Canada to pursue his intentions the
little that this province will or can do may be ineffectual. Signed. 3 small pp. Endorsed,
Reed. 26 October, Read 31 October 1738. Enclosed,

445. i. Commissioners for Indian Affairs to Lieut.-Governor Clarke, Albany,
30 August 1738. Capt. Cornelius Cuyler, lately returned from Canada, informs us
that he has heard that the French design to settle several families on the Wood Creek
about ten miles from our settlements next spring, that the governor of Canada has
sent several farmers there, among which was Ilber, to view the land last fall and this
summer as far as Fort Anne, and that he has heard a report that the land is granted
to Ilber and others, which we believe to be true. Which settlements we conceive to
be of very bad consequence and entreat you to prevent this encroachment of the
French; for we are persuaded that they will soon erect a fort at Wood Creek. We
hope that more notice will be taken of this than of what we informed about the
erecting of the French fort at Crown Point which is made as strong as any in Europe.

446] AMERICA AND WEST INDIES 1738 209

Some of the principal sachems of the Senecas are gone to Quebec, we fear, to make
over Tierondequat to Governor Beauharnais who no doubt will take the first
opportunity next spring to erect a strong building there; then we are enclosed on all
sides. But we are yet in hopes the French may be prevented. We heartily wish that
the limits between our crown and that of France were settled which might prevent
their continual encroachments on us. Copy. Signatories, Philip Livingston, Mynden
Schuyler, Rutger Bleecker, Abraham Cuyler, John De Geysler, Nicholas Bleecker,
Dirck Ten Broeck, Johannis Lansing jnr. \\ small/)/). Endorsed, as covering letter.

44 j. ii. Speech of Lieut.-Governor Clarke to Assembly of New York, 5 Septem-
ber 1738. I will assent to an Act to continue the excise for sinking bills of credit
struck in 1714 and 1717 when at the same time you give H.M. as ample a revenue
for supporting his government here and for as long a time as former assemblies have
done. There is a standing order of the Plantation Board 'That no person be heard
there in support of bills past in the Plantations unless he makes it appear that he be
agent for the colony in whose behalf he applies'. Your bills will be liable to be
rejected upon the application of any other colony who shall think themselves
aggrieved thereby if no person be authorized to appear for you on such occasions.
Care of defence and payment of agents in Indian country are recommended. Printed.
i\pp. Endorsed, as covering letter.

445. iii. Number of inhabitants, both white and black, within the province of
New York taken in 1737. Separate figures given for New York City, Albany, and
counties of Westchester, Orange, Ulster, Duchess, Richmond, Kings, Queens and
Suffolk. Totals: white males over ten years, 17,393; white females over ten years,
17,518; white males under ten years, 8,347; white females under ten years, 8,238;
black males over ten years, 3,551; black females over ten years, 2,714; black males
under ten years, 1,397; black females under ten years, 1,279. Grand total, 60,437.
Total in 1731, 50,289. Increase 10,148. i p.

445 . iv. Statement of the militia within the province of New York, taken in 1737.
Separate figures are given for the cities and counties named in No. 445. iii. Totals:
officers, 423 ; other ranks, 7,888. Officers in the militia troops, 36; other ranks, 361.
Officers in artillery company, 5; other ranks, 85. i p. Endorsed, as covering letter.
[CO. 5, ioj9,/w. 64-6^, 6j-jitl.]

446 Same to Duke of Newcastle enclosing copies. I beg leave to remind

September 16. y O u that this is a frontier province which only can restrain the
* ' French from making incursions in case of a rupture into all H.M.'s
provinces to the westward of this. We have garrisons, but without an ounce of powder
and very few other warlike stores, without a carriage fit for service to mount any of our
guns upon. Nor have we had any stores sent us this seven and twenty years, too long
a time for powder to remain good had the necessary care been taken to preserve it, but
for want of that care great quantities have been trodden underfoot. I send you my
speech to the assembly wherein I have told them the fate of a large sum of their paper
money if they do not give H.M. such a revenue and for as long a time as former assem-
blies have given it. This is an advantage I have over them at present, which I think I
ought by no means to part with. Signed. 2 small pp. Endorsed, Reed. 3 November.
Enclosed,

446. i. Speech of Lieut.-Governor Clarke to Assembly of New York, 5 Septem-
ber 1738. As No. 445ii. Printed. i\ pp.

446. ii Lieut.-Governor Clarke to Council of Trade and Plantations, 16 Septem-
ber 1738. Copy, of No. 445.

14 XLIV

210 STATE PAPERS COLONIAL [447

446. iii. Commissioners for Indian Affairs to Lieut.-Governor Clarke; Albany,
30 August 1738. Copy, of No. 445. i. [CO. 5, 1094, fos. 68-74^.]

447 Governor Edward Trelawny to Duke of Newcastle. Since my letter
September 17. of 17 August I have received the French governor's answer to my

letter to him. Copy enclosed. As Tristram's affair is to be decided at
the court of France you will doubtless have been applied to before this reaches your
hands on behalf of the owners. As to Bloom the declaration of Lawrence Payne (copy
annexed) contradicts his protest so much that unless he can produce better proofs to
support what he alleges in it I am afraid the people that have been sufferers will obtain
no manner of satisfaction from the French. I intend to send a copy of so much of M.
de PArnage's letter as relates to Bloom together with Payne's declaration to the governor
of New York for him to get an answer to them from Bloom. And if I shall be of opinion
upon receiving the said answer that there is room to make further application, I shall
not fail to do it and acquaint you with my proceedings therein. Signed, z pp. Endorsed,
Reed. 31 December. Enclosed,

447. i. Governor 1'Arnage of Hispaniola to Governor Trelawny; Leoganne,
3/14 September 1738. With regard to the first complaint in your letter, I have made
Capt. Douglass clearly see the falsity of the protest which Daniel Bloom made at
New York concerning a quantity of gold pieces which he claimed were plundered
by the crew of the Vautour. Bloom did not complain of such a loss here. One Payne,
an Englishman living here, acting as interpreter, has declared not only that neither
Bloom nor his passengers complained of loss of money but that he (Payne) was
witness that the English recovered all their gold and silver. Copy of Payne's
declaration is enclosed; Capt. Douglass has the original. Whence you may judge
that Bloom designed to rob the persons to whom this money belonged by falsely
alleging that it had been plundered. As for the Elizabeth, Capt. John Tristram, taken
by the Vautour at Cape Donna Maria and judged a prize at Leoganne, the edict of
the French king of 1727 names the places where English ships may obtain wood and
water and orders the seizure of ships found elsewhere on the coast. Cape Donna
Maria is not one of the places specified and the king's ship was right to seize the
Elizabeth. On the security of John Hide, merchant of Jamaica, the ship has been
returned to Tristram; and he can seek remedy by taking his case to the French king.
French. Copy. 4pp.

447. ii. Leoganne, 28 August 1738. Declaration by Lawrence Payne concerning
Daniel Bloom. I never heard either Bloom or his two passengers, John Bel of New
York and Peter Valet of Jamaica, speak of any loss of gold or silver while they were
at Leoganne. French. Copy. Endorsed, The original of this paper I have in my possession,
W. Douglass. i\pp. [CO. 137, 56, fos. 134-140^.]

448 James Oglethorpe to Trustees for Georgia. I am arrived here and
September 19. fi nc j things in a better situation than I heard in England : all the

southern division of the province is in very good order. I have now
told you the best; I hear that the northern division of the province has lost near three-
fourth parts of the people since I left it, some running away for fear of the Spaniards
but ten for fear of debt, for the court of Savannah has taken upon them to imprison for
debt, notwithstanding the people surrender their effects. I landed here and sent up Mr.
Jones express to Savannah. I have been unfortunately forced to stay by an unfortunate
difference between the lieut. -colonel and some of the officers of the regiment and for
the landing of men. I can say nothing with certainty of what has been done at Savannah

450] AMERICA AND WEST INDIES 1738 211

till I see with my own eyes. I have published the order forbidding all certified accounts
etc. and shall reduce all expenses, but I fear if some of the people who have had mis-
fortunes are not assisted with provisions the misery will be too great for description.
I hope you will obtain another supply from Parliament and there is great hope, nay I
may say no doubt, that both silk and wine will in a very short time come to perfection.
I shall give you a further account when I have been at Savannah which will be in a few
days. I must again mention that if there is not a supply from Parliament this year those
brave fellows who stood the worst and who till the arrival of the regiment were forced
to be almost the whole year under arms must starve with their families since they could
not do the duty and work at the same time; from henceforward I shall ease them of their
heavy guards and only keep such a watch or guard as will preserve the peace of the town
which will be always necessary. I desire to know what establishment you will order,
if any, that I may be able to prevent the storekeepers exceeding the allowance as I fear
they have lately done. Signed. P.S. Capt. Burrish says the entrance and the harbour is
very good and that much larger ships than his may come in with safety, z small pp.
Endorsed, Reed. 29 January 1738/9, Read to the Committee 14 March 1738/9. [C.O. 5, 640,
fos. 182-183^.]

449 Same to Sir Joseph Jekyll. I am now got to an anchor in a harbour

September 19. anc j ne ar an island that bears your name. God has given us the
Je y oun . g reatest mar k s o f his visible protection to this colony. The Spaniards,
though they had 1,500 men at Augustine and there was nothing in Georgia but the
militia of the country, delayed attacking them till the regular troops arrived. We have
had the finest passage and lost but one man out of the soldiers. The inhabitants are
extremely cheerful and now hope that they have seen the worst over and that being no
longer troubled with alarms they may go on with their improvements. We shall cer-
tainly succeed in silk and wine in case the planters are supported by the public in those
attempts. This province bridles the Spaniards in America and covers the English fron-
tiers. The poor people that are here have been so harrassed by their threats and so
constantly under arms that they have not been able to make that provision for their
subsistence which was necessary, though it was far from want of industry in them.
They have been sometimes obliged to be two days out of five on guard notwithstanding
which they have laboured their lands and made some improvements. It is the vigilance
and courage of the militia that prevented the Spaniards from being masters of this
province as well as Carolina, but they must in the end have been starved through want
of time to follow their business if they had not been relieved by the regiment. These
duties to the public service have thrown them so backward that unless the Trustees
have the continuance of the parliamentary assistance, all that is already done will be lost,
and what is already given thrown away. Besides, it will be the greatest inhumanity to
send over people to settle a country and when they have behaved so well as to sacrifice
their own affairs for the public service then to abandon them to destruction. I am
persuaded therefore the Parliament will give the necessary supplies to the Trustees for
the carrying on the civil government and the improvement of the country. I hope you
will permit Mr. Tower and Mr. Archer to wait upon you on this occasion, that you will
make my compliments acceptable to Lady Jekyll. Signed. 3 small pp. [C.O. 5, 640, fos.

450 Extract of letter from James Oglethorpe to Thomas Archer. I think

September 19. vou are very well acquainted with some of the Lords of the Admiralty.

n s ' I must desire therefore that you would use your interest that Capt.

212 STATE PAPERS COLONIAL [451

Burrish who commands the man-of-war that brought me over may be continued on the
Georgia station. He is very zealous for the service and has showed it by standing directly
to the southward up to the very noses of the Spaniards whilst all the others went into
Charleston where they generally stay. If Capt. Gascoigne and Capt. Burrish were
continued with their ships on this station and that one lies in Amelia and the other in
Jekyll Sound they will cover this province by sea and keep open the communication
between the garrisons where my regiment must be dispersed amongst the islands. If
the communication is not kept open it may be of very dangerous consequence. Perhaps
the Lords of the Admiralty may say the ships at Charleston may, if we are attacked,
come up to our assistance, but if they consider that Charleston is near three degrees
to the northward and Augustine not above half a degree to the southward the
matter may be over before they come up. Besides that, the gulf of Florida sets with a
rapid current to the northward so that it is very difficult to come from thence south-
ward and the same wind that brings up the Spaniards from Havana hinders the
ships at Charleston from coming down to us. Besides, how strange a thing is it
that there should be no man-of-war stationed in a frontier port exposed to an enemy
but that they should depend for their support upon those who lie in a port in the
heart of a peaceable country above TOO miles distant. Mr. Winnington and Sir
Thomas Lyttleton are friends to Capt. Burrish and if you mention it to them they
will give their assistance to the Trustees in obtaining a station ship for them. Copy.
i\pp. [CO. 5, 640, fes. 1 84-1

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

September 20. By H.M.S. Seahorse, Capt. Compton, I have sent the journals of council
in which there is but one remarkable occurrence that I judge deserves your attention.
It is now about twelve months ago that at the earnest request of the Cherokee and
Cattawba Indians, nations on the back of Georgia and South Carolina, I have endeavoured
to negotiate a peace between them and the Indians under the government of New York,
commonly called the Six Nations, who for a long time have harrassed them with con-
tinual incursions as they have all other Indian nations on the British continent who
would not become tributaries or incorporate with them. At last I obtained from the
lieut.-governor of New York a promise that the Six Nations should treat, and a day was
fixed for the purpose which was to have been the 8th of last month, and in the meantime
all hostilities should cease : but under the hard terms that the southern Indians should
send their deputies 800 miles to meet the northern Indians at Albany, where and at no
other place they would treat, and that this government should not only subsist the
chiefs of the Six Nations during the treaty but furnish presents to them as usual on the
like occasions, which I own I thought very unreasonable since Virginia had no other
interest in the negotiation than what was common to all H.M.'s subjects, the protection
of a people who by a solemn treaty made at your board had submitted to H.M.'s
government and were thereby admitted, if not as subjects at least as allies, and ought to
be considered as such by all that own the same allegiance.

However the Six Nations soon put an end to this treaty by a treacherous attack on
the Cattawbaws during the cessation, which so exasperated that nation that they pursued
their northern enemies as far as the river Cahongarooton and gave them a notable
defeat. But the northern Indians that escaped, upon the retreat of the Cattawbaws, fell
upon three families of the English inhabitants on the back of the mountains and bar-
barously massacred eleven of them. On notice whereof I immediately sent to the
nearest towns of those Indians to demand the murderers, but they pretend to know

451] AMERICA AND WEST INDIES 1738 213

nothing of the matter and endeavour to charge it on the French Indians from Lake Erie.
But if it was the French, as I am very sure it was not, the Six Nations ought to be
accountable since it must be them that taught the French the way to our frontier.

It will no doubt seem very strange that a nation of Indians supported by a British
government at a very great expense to the nation should be suffered to employ their
force to destroy other nations under the same protection with themselves and at the
same time entertain an alliance with the French whose aim is to demolish both them and
their protectors. But it is much more so to find a nation supported by English garrisons
at the same time butchering English subjects and that no redress is to be had without
applying to them at Albany. To explain this mysterious conduct in our neighbours it
must be considered that the Dutch were the first possessors of the province of New
York who, finding the skin trade very profitable, encouraged the Five Nations (as they
were then called) to the subduing all other Indians that could possibly interfere with
them in their hunting from which the profit of that trade did arise, teaching them at the
same time to look on the people in the neighbouring colonies as strangers; which
perhaps might be allowed a commendable piece of policy in the Dutch but very unfit
to be practised now New York is a British province. For though the government is
changed the people in this respect are still the same and the like arts to manage the
Indians have been continued ever since. Thus this commerce of their 's is under the
direction of Dutch commissioners; their traders and interpreters are Dutch. By these
those Indians are taught to esteem all the other governments as strangers, and it is no
wonder if, according to their savage way of reasoning, they reckon all strangers enemies.

The privilege these northern Indians claim of treating with H.M.'s governments
only at Albany owes its original to the same cause and might be proper to be insisted
on then when under a distinct nation, but a very great indignity at present to H.M.'s
other provinces whose governors have been obliged to purchase peace at the expense
of truckling to servile attendance on their sachems at Albany, than which nothing can
create a greater contempt of them in the minds of their Indians.

It is much more easy to expose the inconveniences arising from the present method
of managing the Indians than to offer proper remedies, which would without question
be obstructed by all those who find their account in engrossing to themselves the Indian
trade. New York especially would be much alarmed at any new regulation to render the
Indians less dependent on them and to facilitate an intercourse with their neighbours.
But since it is very reasonable that if H.M.'s other Plantations are to be excluded from
any benefit by the Indian trade they should be secured from all injuries, the people of
this country would be contented to quit the small share they have of the one from the
northern Indians if they could be freed from the danger of the other. For which reason
I would propose that the several nations of Indians may be confined in their hunting
and only range within the limits of the respective governments to which they belong,
allowing them as far westward as they please provided they do not enter into any con-
federacy with the French or Spaniards ; and that each government be answerable for the
behaviour of their own Indians ; and if any body of Indians should go out of the bounds
assigned them it shall be no breach of good correspondence to fall on them, destroy or
transport them.

As the determination of the dispute about the boundary of the Northern Neck is of
the utmost importance to this country, you will excuse me if I recommend the dispatch
of it. For, as great numbers of people are already settled in the controverted part and
many more waiting to settle there, especially if it falls into the king's hands, no time
should be lost to encourage the seating of it; for it would soon become a very formidable
barrier against the French and Indians and in a few years enable us to gain possession of

214 STATE PAPERS COLONIAL [452

the Lakes. Signed. *>\pp- Endorsed, Reed. 27 November, Read 28 November 1738.
"Enclosed,

451. i. Proclamation by Lieut.-Governor Gooch proroguing the assembly of
Virginia, 16 December 1736, with memorandum of six further prorogations, last
dated 1 5 June 1738. Proclamation prohibiting export of grain or flour, or meal made
of the same, 5 August 1737. Proclamation continuing prohibition of export of
Indian corn or meal made of the same, 26 October 1737. Copies. *>\pp. Endorsed,
as covering letter. [CO. 5, i324,/<w. 137-142^.]

452 Governor Jonathan Belcher to Duke of Newcastle, enclosing journals
September 21. o f the last session of House of Representatives of Massachusetts and

report of conference with Indian tribes. [In substance same as No. 433.]
Signed. 4pp. Endorsed, Reed. 10 November. Enclosed,

452. i. Report of conference of Governor Belcher with Penobscot and Norridge-
walk Indians, 28 June-6 July 1738. {See No. 433. i.] Copy, certified by Simon Frost.
i) pp. [CO. 5, 8 9 9,>.r. 343-353^]

453 John Vanderplank to Harman Verelst acknowledging letter of 9
September 21. September. The terms of settlement in Georgia are such, especially in
Southampton. re g ar d to female inheritance and restrictions on servants, that I have

almost laid aside the thoughts of going thither especially this winter. Signed. 2pp.
[CO. 5, 640, fos. 186-187^.]

454 Lieut.-Governor William Gooch to Duke of Newcastle, transmitting
September 26. journals of council by H.M.S. Seahorse, Capt. Compton. Sir Yelverton

Peyton in H.M.S. Hector arrived here the 23rd after parting with Col.

Oglethorpe in the Blandford man-of-war and five transports the i3th inst. about 15

leagues from the coast of Georgia. Signed. \ p. Endorsed, Reed. 1 8 November. Enclosed,

454.1. Copies of proclamations. See No. 451. i. }%pp. [CO. 5, 1337, Jos. 200-

455 Governor Alured Popple to Council of Trade and Plantations. Since

September 27. m y last, the council and assembly met again to address H.M. and thank

him for the stores, which address I enclose. Although I could not put

my name to it on account of the public compliment the council and assembly were there

determined to make me yet I beg to add my reasons in support of their request for some

additional stores. These islands are very well fortified: yet there are several places where

ships and vessels may come in, but these places are protected by forts and batteries. As

therefore it is necessary to divide the stores that remain in these islands in so many

different places no one of these forts or batteries has a proper supply.

The situation of these islands is such that all homeward-bound vessels must pass
within twenty or thirty leagues of them, very frequently within sight, as I have found
since my being here. It is for this reason therefore that these islands are of such con-
sequence to Great Britain, for should they ever for want of protection fall into the hands
of the French or Spaniards, the trade carried on between Great Britain and H.M.'s
colonies in America would be rendered very precarious, if not entirely dependent upon
the possessors of Bermuda, for with the assistance of five or six light frigates the trade
abovementioned may be intercepted. I could say much more upon this subject but that
I am fearful of taking up too much of your time. However, I cannot avoid mentioning
in favour of the request now made to H,M. through your means of a further supply of

455] AMERICA AND WEST INDIES 1738 215

stores of war that upon a thorough inspection now made of the several forts and
batteries in Bermuda a general repair is begun, and I assure you that the expense thereof
and of mounting several guns that are useless for want of carriages entirely disables the
inhabitants from purchasing such stores as are absolutely necessary to render these forts
and batteries defensible when repaired. These repairs are left to my directions as you
will see by the minutes of council and I assure you that I will employ my utmost care
and diligence to see them completed.

As it is a duty enjoined by my instructions to acquaint you with everything I may
judge for the safety and defence of these islands, I beg to mention the addition of fifty
men to the independent company now here as a matter of the greatest service in that
particular for these reasons : although there are several places where vessels with good
pilots may enter yet there are but two considerable, each defended by two forts. In the
King's Castle, one of the two forts at the entrance into Castle Harbour, there are four
matrosses but never more than two at a time ; and at Pagett's Fort, one of the two forts
at the entrance into St. George's Harbour there are but two matrosses, one of which is
constantly there; at the other two forts there are none except at an alarm or in time of
war when what strength can be spared from the militia is sent to the several forts. But
as the inhabitants of these islands (who are all of the militia from 1 5 to 60 years of age)
are generally seafaring men the major part of this militia must often be off the island so
that upon any review the militia under arms are not above half the number of those who
are on the muster rolls, and if the several forts are to be manned out of the militia their
families would suffer in time of peace, and in time of war the body of men that would
remain would be very inconsiderable. Whereas was the independent company increased
to 100 men the four forts at the entrance of the two harbours might be manned and
regularly relieved by the company, and yet a body of the king's company remain in town
and at the platform for further service. The militia might be disposed of in proper
places in the country where boats may land men, and then I am of opinion these islands
may with ease be protected from such dangers as at present they lie exposed to. I have
given orders for a general review of the militia that I may do the utmost in my power
towards the discharge of every branch of my duty. But the militia has been so much
neglected, not having been reviewed but once in nine years, that I found it very difficult
to prevail with those gentlemen who had formerly served to take commissions again.
I have written to the Duke of Newcastle to the same purpose. But if you favour these
proposals, I hope you will represent the same to H.M. Signed. 3 pp. Endorsed, Reed.
19 December 1738, Read 10 January 1738/9. Enclosed,

455. i. Address of Council and Assembly of Bermuda to the King praying for
a further supply of warlike stores. Copy. Signatories, (for the assembly) Cornelius
Hinson, Peasly Hare, Joseph Dill, Benjamin Harvey, John Spencer, Nicholas
Spencer, Jeremiah Peniston, Jonathan Outerbridge, Thomas Outerbridge, Stephen
Paynter, Robert Hutcheson, Samuel Burtt, Thomas Smith, Stephen Judkin, Nathaniel
Bascome, speaker, John Harvey, Thomas Gilbert, Joseph Darrell, George Gibbs,
Henry Tucker, Peter Mallory, Richard Mathelin, James Jauncey, Ephraim Gilbert,
William Riddell, Paul Trimingham, William Morris, Thomas Dickinson; (for the
council) Andrew Auchinleck, Francis Jones, John Butterfield, Nathaniel Butterfield,
Leonard White, Robert Dinwiddie, Samuel Burrows. 3 pp. Endorsed, as covering
letter.

455. ii. Report of committee appointed to survey the fortifications of the east
end of the Bermudas to Governor Popple, 23 August 1738, setting out number of
guns, of what size, number of shot, quantity of powder etc. at each fort. Total:
79 guns of which 68 are fit for service, 2,330 shot etc. Absolutely wanted for supply

2l6 STATE PAPERS COLONIAL [456

of these forts : 20 guns, i ,000 shot etc. Copy. Signatories, (of the council) Leonard
White, Robert Dinwiddie, Samuel Burrows ; (of the assembly) Robert Hutcheson,
Stephen Judkin, Benjamin Harvey, i large p.

455. Hi. Same on west end of the Bermudas, 25 August 1738. Total: 14 guns of
which 10 are fit for service, 52 shot etc. Wanted: 20 guns, 20 barrels powder, 1,000
shot etc. Copy. Signatories, (of the council) Francis Jones, John Butterfield, Nathaniel
Butterfield; (of the assembly) John Harvey, Henry Tucker, Peter Mallory. Certified
by Samuel Smith, clerk to the said committees. Sealed and Signed, 30 September 1738,
Alured Popple, i large p. [CO. 37, i},fos. 67-68^, 70-73^.]

456 William Stephens to Trustees for Georgia. My last was of 26 August

September 27. by Mr. Whitefield. On nth inst. I received a letter from Mr. Aber-

A *

cromby, attorney-general at Charleston, together with a packet which
came by Capt. Percy wherein I had your commands by Messrs. Martyn and Verelst in
their letters of 19 and 20 May and 12 and 14 June. Your further commands which came
under the same cover for Messrs. Causton, Parker and Anderson, were immediately
delivered to them as other letters also enclosed were to whom they were directed. Your
determinations at this juncture are of so great moment that as they consist in a great
measure of matters requiring strict observance in the future execution of them I conceive
it at present only incumbent on me to assure you that nothing shall be wanting on my
part to see your pleasure fulfilled, wherein I must hope for the ready assistance of those
whom I am appointed to co-operate with.

It may not be improper however to touch upon a very few particulars at present in
transition which probably a little time may occasion me to be more explicit in, and if so
they will scarcely pass unobserved in my journal hereafter, where I presume it has
hitherto appeared my thoughts (such as they are) have been delivered with simplicity,
even such as I could not well warrant were it not that I had it as a particular injunction
to do it without scruple or hesitation. But though I can easily assure myself that I lay
nothing before you as fact which has the least untruth, yet I am sensible in offering any
opinion of my own it may be very erroneous and will need your pardon. I wish I could
as easily prevail with others to recede from their former sentiments relating to the tenure
of their lands who now appear pretty much chagrined upon my acquainting them with
your determination on that affair, and stories filled with rancour and illwill are buzzed
about to create jealousies and raise a general disaffection as far as the authors of them
are able, who cannot so far conceal themselves but that they may be shrewdly guessed
at, all arrows out of that quiver being pretty well known. I hope this flash of passion
may quickly disappear, and shall think it my duty to be a close observer of what passes,
which if it appears to be attended with any ill consequence shall surely be laid before you.

How and on what labour the Trustees' servants are employed (or have been I
presume is meant) I should be glad to give a more ready answer to than I am capable of
at present, it being a knot not easy to unravel but entangled with variety of frequent
alteration which I shall try to pick out by degrees. In the meanwhile I think I may
venture to write negatively what has not been done which I dare say those people were
sent for. If we look into the farm work under Mr. Bradley's care there is little appearance
of anything more than a few ordinary huts which they set up a little while since and
about half an acre of land partly cleared by them (as Mr. Bradley's son informed me
when I last viewed it) but never cultivated and planted ; so that what number of acres
there are improved (which I sent an account of) it seems they had no hand in but has
been the work of other servants since Mr. Bradley's first beginning. How many of these
foreigners Mr. Bradley employed at the spring season of this year about his son's lot

456] AMERICA AND WEST INDIES 1738 ZIJ

near the town may be hard to come at the true knowledge of. But I saw a pretty many
myself and took notice of it in my journal of 14 February, near about which time or
soon after, upon Mr. Bradley's using some severities towards a woman whom he caused
to be corrected (very justly for aught I know), a general discontent spread soon among
all of them; and it being industriously (I think) at the same time propagated that any
who within six weeks could either pay or find friends to pay 6/. 5-r. for them as the cost
which the Trustees were at for their passage might claim their discharge, many of them
took that course. And divers people of the town at the same time wishing to be supplied
with servants, they were easily induced to change their masters and turn themselves over
into private hands where some of them (I fear) have since found cause of repentance,
Mr. Causton upon payment of the sum required having discharged them from Mr.
Bradley's service under the Trust and delivered them to such new masters, whereunto
he was the rather moved from their not being usefully employed where they were
desired.

This, however, Mr. Bradley made great complaint of and it heightened the animosity
at that time subsisting betwixt Mr. Causton and him. Before the bulk of these people
was delivered into Mr. Bradley's care Mr. Causton had made choice of 1 3 of them to
serve the Trust in work at the stores, the crane or the public garden, as occasion might
require more or less at either place; and if from them a true judgment could be formed
of the whole I think a more lazy, obstinate and dissatisfied people can scarcely be found.
This has been notorious to all who cannot but see it daily. How many Mr. Bradley has
now remaining with him I have not yet learnt nor the particular work they have from
time to time been employed about for several months past. I will endeavour to come at
it if possible but I would not enquire at the wrong place. I know well that it has taken
up no small time in cutting out and making a wide road from the town's end to the
Trust farm, which labour I apprehend might very well have been spared as well as
expense that has attended it, for he was obliged to make a bridge of good timber work
through a large swamp, whereas had he been contented to have made use of a way
already made on the left hand going out of town there was Colliton Bridge ready made,
or on the right hand there was another way would have answered the purpose as well,
both those roads meeting in a point just in the line which he had in view. But he chose
rather to find a third way betwixt them which I know not how to represent better than
by the figure of a broad arrow. I should not have said thus much and been obliged to
end imperfectly at present had it not appeared something was expected from me con-
cerning it by being particularly recommended to my enquiry. But I would not write
injuriously of any man by prejudging of him.

The notices sent me with directions to affix them to the storehouse doors relating
to future credit I took care was immediately done by affixing one at this store and sending
the other to Mr. Horton at Frederica within few days after for him to do the same.
Mr. Gilbert upon hearing of your promoting him to the magistracy took occasion to let
me know his thoughts concerning it, wherein he expressed a grateful sense of the kind
opinion you were pleased to entertain of him but at the same time declared that he
thought himself by no means capable of discharging the duty of such an office forasmuch
as he could neither read nor write his own name and was not willing therefore to bring
himself into contempt among his neighbours with whom he now lived in peace and
quiet; and indeed I take him to be an inoffensive man without any ill designs, but of
what weight his reasons shall be allowed for excusing his taking that office upon him
I shall not presume to judge. The part I took in it was to advise him to consider further
of it and lay his thoughts before the general when he came, whose approach we hoped
was so near that such a short suspense could produce no ill before it was determined.

2l8 STATE PAPERS COLONIAL [457

Your final decision of the affair concerning the claim of grand juries to administer
oaths must put a happy period to any future contention on that head. Divers other
matters which you have observed in those letters I now received will call on me to write
particularly of, which I shall endeavour to do in due order of time as I can well be
informed. At present I must be forced to break off here, a boat just arriving from
Frederica wherein came Mr. Jones who brings us the good news that the general with
the man-of-war and all the transports arrived happily at St. Simon's on Monday sennight,
1 8th instant, after an easy passage and that they were all in perfect health, so long has
this joyful news been finding its way hither. I do not find that I have any letter of any
kind by him but presume the original packet whereof I had copies by the way of Charles-
ton may be yet under the general's care who will order the delivery of it when and by
whom he sees proper. I do not find that Mr. Jones can give us any certain intelligence
when we may expect the general in these parts. Without doubt his time is sufficiently
taken up with matters of most importance where he is. Signed. 4 small />/>. [C.O. 5, 640,
fos. 188-189/1

457 Same to Trustees for Georgia. Mr. Jones having the charge of divers
September 29. letters with him (some from the general) which he must dispatch to

Charleston without loss of time and for which service we must hire a
boat from hence, I could not have wished for a fairer occasion of sending what I wrote
of zyth that otherwise I might have waited long for an opportunity of doing, and you
will please to allow my adding this in the nature of a supplement to my other herewith.
The continuation of my journal accompanies this together with duplicate of my former
of 26 August, and to carry on my list of the freeholders of this town as far as it would
go I have picked out some to be added to those planters last sent who I conceive are
worthy of the next rank and may be looked on as useful inhabitants in some degree; to
whom, if we add all minors and orphans from whom some future good may be hoped,
I fear I must close the account of freeholders there, the next class consisting partly of
vacant lots and partly of such as if we say no ill of, I doubt little good especially in
planting may be expected from. Mr. Jones having now delivered me the packet sent
from you, I am to acknowledge receipt of eight papers. {Particulars given.} Signed, i small
p. Endorsed, Reed. 29 January 1738/9, Read to the Committee 14 March 1738/9. [C.O. 5,
640, fos. 190-191^.]

458 Same to Harman Verelst. You will be so good to pardon me for the
September 29. freedom I take in saying to you as to a friend it is very amazing and

shocking to me to think that neither in the packet which came by
Capt. Percy nor in the last which came with the general I could find any one letter from
any mortal except what Mr. Martyn and you wrote me by order of the Trustees. What
the meaning of it is God knows, indeed it is a melancholy consideration. But I must
bear these evils as well as I can and I had need to summon what fortitude of mind I am
able when I see so many crosses daily to discourage me. By my journal you will see
what a sad condition we are fallen into with our servants and were I inclined to dwell
on such a dull theme I might have scope enough. But I shall wait with patience in hopes
of better things and at present waive saying any more till I see how it will end. I fear
my son is falling ill, too, which would add grievously to the weight of my misfortunes.
But to come to the affair in hand, fearing that I suffered an error to escape me in copying
the last list of planters sent I must beg it may be corrected. It is at No. 117, Francis
Delgrass, a shoe-maker by trade, I find in my original to have planted 5 acres. If there-
fore he is added to that list with his planting and one Richard Turner, No. 135, though

460] AMERICA AND WEST INDIES 1738 219

a planter (of one acre only) struck out thence and left to be ranked among the least
deserving at the latter end of all, it is justice due to both. It is fit I should give you some
account of what this present packet contains too, besides my journal and duplicate of
my last letter, and this list of freeholders who I apprehend have some merit to distinguish
them from the least deserving. The large flat parcel was brought me from Mr. Christie
who told me nothing of the contents, but I guess it is chiefly the proceedings of the
courts. There is also a small bundle of letters which came from the general at Frederica
and was delivered me by Mr. Jones. I have written so on the back of the paper I enclosed
those letters in. What others you find were brought me at different times from sundry
people who committed them to my care. But there is one particularly of my own
directed to a son of mine in the East Indies who has been there many years and I have
not scrupled to put it under cover in this letter to yourself assuring myself that as you are
frequently in the City you will be so good to put it into such a sure way of conveyance
that it may go safe. I forbear giving you any more trouble now. By the time that I
write next probably I may have occasion to be more copious. For I take this to be a
kind of crisis here when we may expect to see great alteration in many things ere long.
Signed. P.S. Here is a report that our good friend Col. Horsey is on his way to his
government. I wish it proves true. P.P.S. Though the misfortunes of so many sick
servants falls heavily on me yet I would not have it inferred from thence that the town
is become very sickly. On the contrary it is as healthy as generally we find it at this time
of the year and though fevers and agues are pretty common very few died of late, i p.
Endorsed, Reed. 29 January 1738/9. [C.O. 5, 640, fos. 192-193^.]

459 Thomas Christie to Trustees for Georgia enclosing copies of records.
September 30. Pardon me if they are any way defective. I do assure you I have in my

station greatly laboured to reconcile things within this colony and I
have hitherto spent almost all my time therein. I met with one difficulty which perhaps
you are unacquainted with, that is an insupportable pride in my fellow labourer Mr.
Causton, which has given me more attendance and taken up more of my time than all
other my avocations put together. His business was too much taken up in the store-
house and now I am afraid will be with settling his accounts. Give me leave to con-
gratulate you on the safe arrival of our general. Signed. i\pp. Endorsed, Reed. 29 January
1738/9. [C.O. 5, 640, fos. 194-195^.]

460 James Oglethorpe to Duke of Newcastle. I arrived off this coast i4th
[No date.] [ ns ^ an( j ma( le Amelia which is our frontier garrison towards the

Spaniards. The fort there returned our signals and one of the officers came off to me;
he gives an account that the Spaniards landed a great body of troops at Augustine in
April last but that before they were ready to begin the invasion the orders which you
obtained from the court of Madrid arrived, forbidding them to act till further orders,
since which all things remained quiet till lately when they sent up a party to the Apalla-
chee Old Fields and but a few days since they fired at a boat belonging to his fort. I got
into this harbour yesterday, the entrance is very good and as I am informed by several
persons who understand it 4o-gun ships can come in.

Pursuant to H.M.'s instructions I am putting the forts into a condition of defence;
though I have no fund to pay, I have prevailed with the soldiers to work on the forti-
fications with hopes that they will merit H.M.'s gracious favour. As I was apprehensive
of the intentions of the Spaniards I have desired the Blandford man-of-war that is now
here to stay till we can get the works repaired or till I can have an answer of the intention
of the Spaniards from the governor of Augustine to whom I design to send in a few

220 STATE PAPERS COLONIAL [461

days. It would be very necessary to have always a man-of-war here since it is near the
frontiers, a good air, and a safe port, and I should be very happy if the present ship was
continued here since they already know the entry. That part of my regiment which had
the happiness of seeing you drank your good health on their arrival and gave their
prayers in America for your generosity to them at Clermont. The expenses have been
very great upon us, we are now above our complement for I brought over a good many
supernumeraries for fear of death. Signed. 2$ pp. Endorsed, Reed. 29 January 1738/9.
[CO. 5, 654, fos. 188-189^.]

461 Harman Verelst to William Stephens enclosed to James Abercromby
October 2. or i n hi s absence to Messrs. Crokatt & Seaman, by the Hope, Capt.

White. The Trustees not hearing from you since your journal and
letter of 27 May last when opportunities have occasioned their hearing from Mr.
Whitefield twice makes them fear you were indisposed, you always having been so
regular in your correspondence. They desire that in case of indisposition at any time
happening to you your son may keep up the correspondence with them. P.S. When Rev.
Mr. Norris has occasion for his salary of 5o/. a year from the Trust please assist him in
the application for it out of the Trustees' effects in Georgia. Entry. | p. [CO. 5 , 667,
fo. 103^.]

462 Same to William Bull by Hope, Capt. White, signifying receipt of
October 2. copies of his representation to Council of Trade and Plantations dated

lce ' 2 5 May and of his letter to their lordships dated 20 July last. Entry. \ p.
[CO. 5, 667, fo. io 3 </.]

463 Same to Rev. George Whitefield enclosed to James Abercromby or in
October 2. his absence to Messrs. Crokatt & Seaman by the Hope, Capt. White.

My last were of n and 25 August. This acknowledges receipt of your
letters of 14 June and i July last. The Trustees are well pleased with your account of
the people's behaviour at Savannah and they hope for as good an account from Frederica
where your future station is intended, and by your speedy return to England expect the
same in person. Entry. \p. [CO. 5, 66j,fo. 103.]

464 Isaac Gibbs to Trustees for Georgia. The land I began to clear turned
Octobers. ou t to be someone else's; I had household goods lost or damaged by

the wreck of the Minerva at Charleston; my wife had a miscarriage and
later died. So I am obliged to crave assistance. But I despair of ever doing any great
matters by pecking with a hoe for when, if there be two or three hands, they have
cleared 5 or 6 acres it is as much as they can well manage by way of planting or tilling
without going on with clearing any more, so that there is like to be a poor maintenance
for families of such a small quantity of ground ; and indeed there is but very little pro-
gress made as I have seen got by the gentlemen that have been here longest. But I
propose to have a plough if I can possibly, for it is a hard thing to come at in this place
for I have heard of nor seen but one in this colony, and that a very indifferent one too.
Here is scarcely any that understands to make them or husbandry either, and what they
do in carpentry is so very chargeable that it is hard to come at on that account. It might
be of great service to the colony if you would assist them with a few English ploughs
for I am sure that one man and a boy with but a couple of oxen or horses shall do more
than ten men with their hoes and much better done, and I think would be better also
than that inhuman and abominable using of negroes. I crave the favour of another

467] AMERICA AND WEST INDIES 1738 221

5o-acre lot in my younger son's name and the grant of favours promised to other
settlers, such as a cow, hog, gun and two or three odd tools which I am not provided
with. A cow would be very agreeable to our little ones in this place : here is not one nor
a drop of milk to be had. Signed, P.S. An original of this was prepared and perused by
Mr. Oglethorpe who so well approved that he commanded me to send a copy of it to
you. 2pp. [C.O. 5, 640, fas. 1 96-197^.]

465 Governor Edward Trelawny to Duke of Newcastle. On 20 September
October 4. Capt. Russell, commander of H.M.S. Kingsale, brought into Port Royal

harbour a Spanish ship called La Nuestra Senora del Kosario San Fran-
cisco Xavierj las Animas alias La Venus, Don Bernardo de Espinosa commander, which
he met off the Isle of Pines near Cuba and suspected to have been guilty of piratical
practices. As soon as the Naval Officer acquainted me with the arrival of the Spanish
ship I ordered him on board to enquire into her clearances and then to come with the
commander and inform me of what he should be able to learn : which he accordingly
did on 23rd, Commodore Brown and Capt. Russell being present, as also Mr. Gregory
and the attorney-general (which two were the only councillors then in town). After
a strict examination of the Spaniard and his clearances it appeared plainly that the vessel
was a register ship and fair trader. But as the council was to meet on 27th, I thought it
necessary to lay the whole matter before the board in order to know what they might
think proper to be resolved upon concerning the vessel. The council, being met on 27th
and having fully considered the case, were of opinion that as no piratical acts appeared
to have been committed by the Spaniard nor any molestation given to H.M.'s subjects,
the ship ought to be discharged and desired that I would send an order to the captain
of the fort to let her pass and depart upon her lawful occasions ; which I did accordingly,
and she set sail this day. A week ago I received your letter of 1 1 July with a copy of the
French ambassador's memorial and Mr. Paxton's report concerning a negro boy. I
have found and delivered him to the attorney-general who will send him to Mr. Paxton
by the first ship which sails for London; and this will be some time next week. Signed.
2 pp. Endorsed, Reed. 3 December. [C.O. 137, <)6,fos. 141-142^.]

466 Council of Trade and Plantations to Duke of Newcastle enclosing the
October 5. following relating to the Chactaw Indians. Signed, M. Bladen, R.

Plumer, Arthur Croft, i p. Enclosed,

466 i. President Bull of South Carolina to Council of Trade and Plantations, 20
July 1738. Copy, of No. 359. [C.O. 5, 384, fos. 44-51^; entry of covering letter in
C.O. 5, 40 1,/>. 305 ; draft of covering letter in C.O. 5, $%i,Jos. 301-302^.]

467 James Oglethorpe to Trustees for Georgia. I have sent up Mr. Jones,
October 7. as I informed you in my last I would, and am now going to Savannah.

In the enclosed is an account of the condition I found the southern
part of the colony in on my arrival as also a petition from the people for support : the
allegations of it are very true. The storehouse at Savannah has supported this division
of the province so ill that the people must have starved or abandoned the place had not
Mr. Horton given them his own cattle and corn to eat. You see the quantity of provi-
sions, a great deal of the flour is in danger of spoiling, on which I had it made into bread
and sold to the soldiers at prime cost, so that they had it at five farthings a pound. The
money arising from it I have ordered to be laid out in fresh flour for supplying the
Trustees' people. The Indian corn Mr. Causton bought in at $s. 6d. per bushel and
charged it at that price to the store here; it is now fallen upon the new harvest which

222 STATE PAPERS COLONIAL [467

(God be praised) is very plentiful in Carolina, so that it is sold at is. per bushel there.
Our poor people lost their harvest by reason of their being called by the Spanish alarms
from their hoeing. I have ordered the old corn to be issued at is. zd. per bushel which
if I had not done would have been lost, for the people would not have taken it at $s. 6d.
when they could have bought new corn cheaper and it would have spoiled in two months.

We want beer extremely. I brought over 20 tuns of beer which I issued to the soldiers
and inhabitants at prime cost which I believe will be gone before I can receive a supply.
There are six barrels a day drawn and paid for in ready money. It would be very proper
therefore, if the Trustees' affairs would allow it, to send over a cargo of at least 5 o or 60
tons of strong beer and that of the same as I had from Mr. Hucks in Southwark. It will
be a better remittance than even bills since beer's being cheap is the only means to keep
rum out of the colony. Thank God there is none in this part, Mr. Horton having used
great diligence to prevent it, to which in a great measure is owing the health and industry
of the people. Upon the necessity I have granted the petition so far as to continue to
furnish the people upon credit with 61bs. of breadkind vizt. 2lbs. flour, | peck Indian
corn, they had 4lbs. meat but I have now reduced them to 2lbs. of meat per week and
i pint of molasses.

I shall when I come to Savannah strive to reduce all the Trustees' expenses as much
as I can. But I can say nothing of certain relating to the northern part of the province,
reports being so different. I fear there has been great roguery in the certified accounts,
there having been several barrels of provisions bought from Philadelphia and New York
which were condemned as unfit for food and burnt as such. The prices of the goods
were also exorbitant and the species very bad. I have great difficulties to struggle with
as you may conceive, a great number of mouths to feed, empty magazines and no money;
a great debt I fear is contracted, but as there was no authority for contracting that debt
I shall wait your orders before I will approve or pay any of it. I take a list of all the stores
I find in the colony and I will intermeddle nor approve of nothing that was done before
my arrival till I hear from you. I will make the few stores that are here go as far as
possible towards supplying the people, but if we have not a supply from Parliament
the misery will be inexpressible for there are eight months that the colony is to be
supported and no other fund as I can find except the joo/. of sola bills which you sent
over with me and what is in the magazines. The best expedient I can think of is to
support the credit by paying such certified accounts, the particulars of which have been
honestly delivered at moderate prices. If any certified accounts shall appear to have been
fraudulently obtained your judgment will be the best direction how to proceed therein.
I will enquire at Savannah into that matter whether there has been any combination or
fraud between the persons who delivered the goods and those employed by you, and
you will take the advice of proper persons how far such informations will justify you in
overhauling those accounts. Till I have examined things at Savannah I cannot see clear
enough to make a full report but hope that if the Parliament grants us the supply I shall
be able to settle all things so as to put the colony into a very flourishing condition. It
will cost me a great deal of labour but I shall grudge no pains for to bring about that
good end.

Among other disappointments the great drought and the Spanish alarms last year
have rendered the best and most zealous part of the people incapable of supporting
themselves this year, but thank God we are rid of great numbers of idle mouths who
ran away from the northern division, part for debt, part for fear of the Spaniards. I
hear there are several industrious people of some substance who are willing to come up
at their own expense if you will give them the forfeited lots. The Spaniards have tempted
the Creek Indians with great presents to join against us which they have refused and

468] AMERICA AND WEST INDIES 1738 22$

yesterday arrived a messenger from the towns that the chief men are coming down to
meet me. The Spaniards reported that I had been disgraced in England and that I should
never return, and this was confirmed by the Carolina traders. The Creeks declared that
they would take no determination till they could see me and their chief men come down
to confer with me and I shall see them in a few days at Savannah. This will be a new
expense for there must be presents given to them.

Some soldiers who had been in the Irish troops in France and Spain listed in our
regiment. I had some information of this at Portsmouth, since which I have found out
the whole combination and have taken the furlow which one of them had from the Duke
of Berwick's regiment. A young recruit has discovered the proposal they made to him
to secure some advance post, destroy the officers and go into foreign service. I have
ordered a general court-martial to be held upon them but have not yet received their
report. The fellows are very artful and it was with great difficulty we could find out that
they had been in foreign service. Signed. P.S. I send you a plan of the town of Frederica
with the granted lots and the names of the possessors. Some families go away and some
are newly come. I send you also the petition of the old freeholders as likewise of those
newly arrived. Dr. Hawkins is in the regiment and wants no provisions, therefore is
not in the list. I send you a list of the new freeholders and a list of the old freeholders
and of their allowances. I send you a return of the freeholders and of the weekly issues
to them before my arrival [and] a list of persons on pay in the Trustees' service at
Frederica. The establishment of St. Andrew's which consists of 19 of the Trustees'
servants and 10 upon hire: I have ordered the ten upon hire to be reduced but it will
be necessary to give them one month's pay to enable them to return to their homes. I
have also reduced the two carpenters but have continued Mr. Hugh Mackay to oversee
the Trustees' servants and one storekeeper and I shall send as many of the Trustees'
servants from the other parts of the province as will make up the complement and I
hope by their labour to defray the charge of keeping them. The whole of St. Andrew's
for keeping and employing the servants will be 2297. p.a. The surgeon of the regiment
will take care of the servants so that that expense also will be saved, therefore there will
be 31 of the Trustees' servants subsisted and kept to work for 229/. p.a. which upon each
will be y/. i os. Here are also servants on pay at Frederica: Mr. Auspourger at 31. per day,
surveyor; John Calwell, deputy surgeon at 2s. per day, and the labourers at the same
rate. I have ordered the labourers to be turned off as soon as the ships are unloaded in
which they assist, and I shall get the service they now do performed by three of the
Trustees' servants who are without wages. Their food is mentioned in a list, but it will
be necessary to keep a cooper and the two clerks, Smallwood and Dobree, and the
storekeeper White upon pay. I have reduced upon the people of Frederica with their
own consent, so that they are now to have but 2lbs. of meat per week per head, and they
consent to pay even this little which they shall receive. If we do not supply these
expenses the people cannot keep together here. I desire therefore an answer as soon as
possible what I should do, and I shall write you an account from Savannah of that part
of the province. 7 pp. Endorsed, Reed. 22 January 1738/9, Read 26 March 1739. [^O. 5,
64o,/oj. 198-201^.]

468 James Oglethorpe to Duke of Newcastle. Since my last to you I have

October 8. reviewed the regiment here and send you the enclosed return by which
y ou w ^ see ^ At ' lt ls above complete and that every officer is at his
post, two things pretty singular which I believe there are few regiments
can say. For fear of sickness I brought over more men than our complement, and our
men being all healthy obliges us to pay supernumeraries. I have as yet received no

224 STATE PAPERS COLONIAL [469

further advices concerning the Spaniards excepting that some Indians who are come
down acquaint me that the Spaniards are making encroachments on their lands on the
back of Carolina. We have discovered some men who had listed themselves in the
regiment to be spies. We took upon one of them his furlow from Berwick's regiment
in the Irish troops. They strove to persuade some of our men to betray a post to the
Spaniards who instead of complying discovered their intentions. I have ordered a
general court martial for the trying of them who have not yet made their report. One
of them owns himself a Roman Catholic and denies the king having any authority
over him. In my last I acquainted you that this harbour can receive 4o-gun ships with
ease and that in case of necessity a 6o-gun ship could come in. The great conveniency of
commanding the Spanish homeward bound trade, besides the benefits which will arise
to England from a plantation where silk, wine and oil will be cultivated, makes me not
doubt the continuance of your protection of this colony. Signed. 2.^ pp. Endorsed, Reed.
29 January. Enclosed,

468. i. Monthly return of Gen. Oglethorpe's regiment for September 1738.
Strength : 6 field officers and captains, 6 lieutenants, 5 ensigns, 60 sergeants, corporals
and drummers, 640 privates. 2pp. [C.O. 5, 654, fos. 170-173^.]

469 Governor Edward Trelawny to Council of Trade and Plantations
October 12. transmitting laws passed i March 1737/8 and 19 July 1738; journal of

council, i September 1737 to 23 March 1737/8 and 5 May to 19 July
1738; minutes of council, i September 1737 to 4 March 1737/8 and 30 April to 15 July
1738; minutes of assembly, 1 5 June to 19 July 1738. Signed. P.S. The enclosed key belongs
to the box in which are contained the forementioned papers. i\pp. Endorsed, Reed. 3
January, Read 10 January 1738/9. Box received from John Sharpe, 10 April 1739.
[CO. 137, 2$, fos. i, id, 4, 4</.]

470 Certificate by George Thomas, lieut.-governor of Pennsylvania, that
October 17. Benjamin Franklin, clerk of assembly, appeared and declared the

following to be a true copy extracted from the journal of the said assembly. Copy. \ p.
Enclosed,

471. i. 31 August 1738. Resolution of House of Representatives of Pennsylvania
continuing Ferdinando John Paris as agent for the province. Copy. \p. Endorsed,
Reed. 14 December, Read 15 December 1738. [C.O. 5, 1269, fos. 29-30^.]

471 Council of Trade and Plantations to the King, proposing that Nathaniel
October 18. Bascome, William Riddell and John Harvey be appointed to the

council of Bermuda to complete the number of councillors in that
island. Entry. Signatories, Monson, M. Bladen, Arthur Croft, R. Plumer. i p. [C.O. 38, 8,
p. 297.]

472 Same to Duke of Newcastle, transmitting the enclosed. Signed, M.
October 18. Bladen, Arthur Croft, R. Plumer. i p. Enclosed,

472. i. Affidavit of Daniel Cheston, 22 July 1738. Copy, of
No. 389. i.

472. ii. Deputy Governor Thomas to Council of Trade and Plantations, 3
August 1738. Copy, of No. 389. [C.O. 5, 1233, fos. 200-209^; entry of covering letter
in C.O. 5, i294,/>. 112.]

478] AMERICA AND WEST INDIES 1738 225

473 Thomas Hill to Francis Fane enclosing three Acts passed at Bermuda
October 19. i n August last for his opinion thereon in point of law, vizt. Acts for

laying a duty on the whale fishery; for adding to the salary of Governor
Popple; for paying ioo/. a year current money to Governor Popple. Entry. \\ pp.
[C.O. 38, 8,/>/>. 298-299.]

474 Same to same, enclosing two Acts passed at Antigua in May and June
October 19. last, for raising a tax for paying public debts, and to reduce and settle

the rate of interest, for his opinion in point of law. Entry, i p. [C.O. 153,

475 Same to same, enclosing four Acts passed at Montserrat in April and

October 19. May last, for more speedy dispatch of public business, to explain
and amend an Act for repairing highways, for raising a poll-tax, and
for repairing Plymouth Fort and magazine, for his opinion in point of law. Entry.
. [C.O. 153, i6,/o. 76,

476 Same to same, enclosing an Act passed at Nevis in May last for raising

October 19. a poll-tax on negroes and other slaves, for his opinion in point of law.

477 Royal warrant to Lieut. -Governor William Bull to appoint William
October 19. Mackay clerk of the markets of Charleston, Beaufort Town and Port

smgton. R y a i j n South Carolina in the room of John Beswicke, deceased.
Entry, i^pp. [C.O. 324, )Q,pp. 123-124; another entry in C.O. 324, 37,^. 120.]

478 James Oglethorpe to Trustees for Georgia. I received a copy of
October 19. Mr. Verelst's letter dated 4 August and in answer to it am very glad

that the prudent measures you took to stop all credit here has had an
effect (as you mentioned) suitable to your intentions. I have not issued the 5oo/. sola
bills and do not intend to do it till I hear from you. Upon my arrival I sent Mr. Jones
from Frederica and have taken possession of the books and effects in the store. Mr.
Jones will receive them as soon as they can be delivered him regularly. I demanded an
inventory of the stores which Mr. Causton has delivered (but Mr. Jones thinks it is
imperfect), I send it herewith. You will see how small the remains of the vast stores laid
in are and how insufficient of supporting the colony to midsummer. These accounts are
very imperfect, great part of the steers and hogs charged to the account are wild in the
woods, others lost, the price of all overcharged. The account of stores sent to Frederica
is not allowed by the storekeeper there, he alleging that he can prove they were not
delivered, the Darien the same, and a great part of what they received was damaged
when sent. I am very sorry to send you such trifling papers but they are the only accounts
I can yet get. The estimate of the monthly allowance of provision for servants would
lead one into an error, for most of those whom Mr. Causton trusted with servants
cannot maintain them and depend on the store for subsistence.

I cannot as yet find that Causton has been guilty of getting for himself though he has
unaccountably trifled away the public money. One of the follies that has brought this
ruin on is the trusting people that importuned him with goods and provisions of all
kinds and then let them discharge the debts by day labour in trifling works. Whilst
money was thus squandered the real necessary charges of the colony were not defrayed.
The scoutboatmen, rangers and others who defended the province are not paid, and

1 5 XLIV

226 STATE PAPERS COLONIAL [478

starving whilst the Trustees owe them money ; and yet they were not only contented to
stay till my arrival, but when I told them the Trustees' circumstances their affection was
so great that they offered to serve on until the Trustees' affairs mended. I thanked them
but reduced the rangers since I could not feed them with hopes of what I could not
make good. The scoutboats I have for this month paid out of my own money since they
are absolutely necessary and I will not charge the Trustees with new debts.

There is a worse circumstance than any before, vizt. the industrious poor people
who have saved something by frugality have lodged their little all in the store hoping to
have provisions from thence in their necessity, and now if the store cannot pay they
must perish for want. The like misery must befall all the Trustees' servants as well as
many of the inhabitants whom sickness and misfortunes have prevented from having a
crop this year. I have sent your orders to Mr. Stephens and Parker, a copy of which I
send you, and their answer which I believe you will think reasonable and a very good
expedient. I can see nothing but destruction to the colony unless some assistance be
immediately sent us. I support things for a while by some money I have in my hands
and is the balance of my account with the Trustees and the rest I supply with my own
money for I will not incur debts nor draw bills upon you; and if the effects here go to
pay the certified accounts they will not near pay them for they will not amount to half
the sum of the debts incurred here that are not certified. If this (I know not what name
to give it) had not happened the colony had overcome all its difficulties and had been in
a flourishing condition. The Italians begin to like the place and the family of Cameus
have wound silk as fine as the last which was made in Georgia. There are a great many
mulberry trees in the garden which begin to recover themselves so that next year they
will feed a great quantity of worms. There is earth found here that a potter has baked
with china ware, they have also found stone, they make a very good brick and lime,
there are several yokes of oxen broke, and several carts with horses. Since the idle
people have run away there seems to be a spirit of industry stirring but I fear it comes
too late if they are not speedily supported. The Trustees' sawmill has worked and has
sawed 700 foot a day which if managed right will bring an income.

You recommend it to me to keep the industrious people from real want out of the
surplus of the stores after payment of the debts, but as I mentioned above there will be
no surplus for they are not sufficient to pay half the debts owing here; and therefore I
fear cannot support the people till the news of what the Parliament may grant at the next
session can arrive. Had any bills been sent over to me, or was I sure there would no
demand be upon what is now in store, I could make shift to support the most valuable
part of the people which I shall still strive to do, though with little hopes of success for
I must do it out of my own money. I have already expended a great deal and as far as
the income of my estate and employments for this year will go I shall sooner lay it out
in supporting the colony (till I can hear from you) than in any other diversion.

You ask me the sum I think necessary to carry on the civil concerns of the colony.
I reckon the lowest sum that can be expended here, if you expect any success in the
improvements in silk and wine and keep up a form of civil government, will be 5 ,ooo/.
per year expended here. And you are exceedingly right in sending that sum over in sola
bills (and that in time) and in not suffering any debt to be contracted here to which the
Trustees can be liable. It will be necessary to have a sufficient sum to pay what you are
in arrear. I believe that sum may be made out by adding what you owe here to what
Mr. Verelst knows from the certified accounts, but I suspect there is a good deal more
for I fear by their loose manner of keeping their accounts (since Mr. Burntside whom I
left here was dismissed from the store) that they scarcely know how much they owe.
It is said that there is above i,ooo/. owing to carpenters for building sheds and huts, to

478] AMERICA AND WEST INDIES 1738 227

boat hire etc., yet not brought in. Another thing may lead you into a mistake is believing
that there is money due to the store here from the account Mr. Causton sent you of goods
issued from the store to sundry persons (a copy whereof you sent me) whereas most of
those people were creditors who were paid what was due to them from the store by
giving them credit with the sloop owners.

The short state of your affairs is that this unhappy man Causton has contracted a
debt at home and abroad far beyond what the Trust is possessed of, therefore nothing
can be issued from the store except in payment of debt since all belongs to the creditors.
There are a great number of people to be assisted here, orphans, widows and the sick.
There is a great surplus I fear due by the Trust. Therefore the only remedy I can think
of is if the Trustees have not money sufficient to pay the certified accounts and demands
in England then to pay what they have equally at an average and out of the next supply
(if any) given by Parliament to pay the remainder; whilst I will out of the stores here
pay the debts as far as they go and make out an account of the remaining debt which I
think should also be paid out of the supply granted by Parliament. When all the debts
are paid the Trustees set out anew and setting aside what the expenses of the office and
other expenses in England will amount to for the year they should send hither in sola
bills what part of the parliamentary supply they think will be sufficient for the improve-
ment and support of the colony. I think that sum cannot be less than 5 ,ooo/. but what-
ever it is I will make it go as far as possible, it shall not be exceeded. You have given me
orders to build the church and cultivate the lands for religious uses both here and at
Frederica. As I will not incur any debts I cannot proceed unless you send me sola bills
or order me to issue those in my possession and place in the bank so much of the money
appropriated to religious uses as shall answer the bills which you order me to issue.

With respect to Causton's behaviour here I have already mentioned I examined him
to know what could be the meaning that he dare to exceed so excessively your orders
and thereby plunging the colony into its present difficulties. He answered that he made
no expenses but what necessity forced him to and that he could prove that necessity.
He entered into several particulars: that the multitude forced him to build a fort for
,fear of the Spaniards, that the charge of Salzburghers and other charges were not
provided for in the establishment sent over by the Trustees, that he received that
establishment too late to comply with it. He did not pretend to justify himself in not
sending over the balance of his accounts. His negligence to bring his accounts to a
balance half-yearly or every year at least has been the occasion of the melancholy situation
he has put us in. Some things he alleged that had weight : that the prices of provisions
were treble to what they were at my first arrival here from whence we calculated the
estimate, that the Spanish alarms obliged him to comply with the humour of the people
here, for which reason he was forced to give any prices to sloops to bring down provi-
sions to the colony. He said further that he had not been guilty of any fraud nor con-
verted any of the Trustees' money to his own use. He at first seemed pretty stubborn
but upon a second examination he was more submissive. When I was about to commit
him he pleaded that it was not usual here to commit freeholders for any but capital
crimes, that Watson who was accused of killing a man and had been found guilty by a
jury was bailed upon his own recognizance, that he submitted to the Trustees, and that
all he had acquired in his six years service and all that he had in the world was laid out
in improvements on his lot in the colony and that he would give all security to abide and
justify his accounts. He has accordingly given security; he has delivered the stores,
books etc. unto Mr. Jones according to your appointment. I have not been able to
enter into the rest of the affairs of the colony. The Salzburghers thrive and so do the
people at Hampstead and Highgate. There are abundance of good houses built in this

228 STATE PAPERS COLONIAL [479

town. I desire to know in what manner you would have me proceed in Causton's affair
and I desire you would favour me with your answer to this letter as soon as possible.
Signed. 4%pp- Endorsed, Reed. 22 January 1738/9. [CO. 5, 640, fos. 203-205^.]

479 Rev. William Norris to Harman Verelst. On 15 October I landed
October 19. here. Gen. Oglethorpe not having any letters from the Trustees

Savannah. recommending me looked on himself as less concerned in the interest
of my cause or support of my necessities and considered me only as one who would
contribute to the present and growing calamity. He could not give me credit here. He
told me that Mr. Whitefield at his departure substituted Mr. Habersham in the ministerial
office in which he was expected to continue till Mr. Whitefield's return. I shall stay here
till advice from the Trustees. Signed, ij pp. Endorsed, Reed. 16 March 1738/9. [C.O. 5,
640, fos. 206-207^.]

480 Thomas Jones to Harman Verelst. You will be informed by the
October 19. general's letter to the Trustees (of this date) what distressed circum-

anna ' stances the people are under in this colony through want of a sufficient
quantity of provisions and other necessaries for their support in the store (having no
other market to go to), and a great part of those provisions which are most necessary
are damaged. I have little to add but that pursuant to their instructions I went to
Frederica (in my way hither) and caused their order to be affixed on the door of the
storehouse there. When I saw the bad condition some of the stores were in and found
several goods there which I thought not altogether so necessary for the people's sub-
sistence such as cinnamon, cloves and other spices, hams at 6d. per lb., dried beef at jd.
per lb., I asked Mr. White whether he used to send Mr. Causton an account of such
stores as were most wanted at Frederica or did he (Causton) send the stores discretionally.
He answered that Mr. Causton always sent such goods as he thought fit but often
damaged and many things that the people there had no occasion for. I called on Mr.
Causton at Oxtead (his plantation) and delivered him a letter from the general. He told
me that he had a faithful servant whom he would despatch to town that would take care
of the accounts and effects in the store. He wanted not my assistance but if he should
have need of my advice he'd thank me for it. I was at Savannah six days before he came
there (being indisposed). Copies of the Trustees' letters sent per Capt. Piercy to Mr.
Causton and others had been received by them a month before our arrival in Georgia,
the contents whereof were publicly known by all the inhabitants at Savannah.

I had no access to the books until the general's arrival here on loth instant, at which
time I delivered Mr. Causton the packet (which you gave me for him) as per his receipt
enclosed (the general having ordered me to deliver none of the letters until he came).
His excellency the next day ordered the stores, books of accounts etc. to be put under
my care. I have put my servant into the storehouse (Mr. Causton having likewise a
servant of his own there) until I can have the goods inventoried and their quality
examined. There are four clerks employed in stating the accounts (which are very con-
fused) but make a slow progress therein. One of the clerks, Hurst a servant to the
Trustees, who likewise was employed by Mr. Causton in his private affairs went away in
the night-time privately about three weeks ago soon after I came here.

Mr. Bradley would not enter into any examination of his accounts with the Trustees
before the general came here, he pretending some engagement of his excellency to him.
But before the general came he (Bradley) was seized with a violent fever which en-
dangered his life, but there are some hopes of his recovery. I fear there will appear very
great waste and mismanagement in his conduct, his debt to the store (Mr. Causton says)

482] AMERICA AND WEST INDIES 1738 229

is very large but I could not have that account hitherto made out. The general is of
opinion that all such servants whom the Trustees contracted with to feed and clothe
have a just demand upon the store for such provision. I have laid by three months pro-
visions for the servants, to be issued as they have occasion, lest the other demands on the
store should exhaust all the provisions before that time. How the Trustees' orders for
winter clothing can be complied with I am at a loss, there not being a sufficient quantity
of cloth in the store to do it. Signed. P.S. When the general ordered me for Savannah he
empowered me to secure Mr. Causton's person if I should find that there was any
suspicion he would leave the colony. But when I saw the improvements he had made,
by far the best in this province, I could not entertain any such thoughts. 2 pp. 'Enclosed.,
480. i. 10 October 1738. Receipt by Thomas Causton of a packet of letters from
Mr. Thomas Jones. \p. [CO. 5, 640, fos. 209-211.]

481 Same to same. Gen. Oglethorpe having paid unto Abraham de Lean

October 20. IO o/. part of 2oo/. for which he, jointly with Dr. Samuel Nunes,

Daniel Nunes and Moses Nunes of Savannah, have given bond for

repayment to the Trustees, which bond and receipt I have in my custody until I have

your or the general's directions. A counterpart of the receipt you have in one of the

parcels sent you. The general has advanced the said sum in compliance to the Trustees'

desire mentioned in your letter. Signed. \p. Endorsed, Reed. 22 January 1738/9. [CO. 5,

640, fo. 212, 212^.]

482 Governor William Mathew to Council of Trade and Plantations.

October 21. Thomas Pym and William Clark, two of H.M.'s council for Nevis,
left that island some time ago, and the number remaining being fewer
than seven, the president being very often disappointed of a board to do business, he
wrote me to fill up their places. I have wrote to him to swear John Williams, junior,
and Thomas Herbert as councillors till H.M.'s pleasure be known, two gentlemen in my
humble opinion fittest there to serve H.M. in that station. As Mr. Pym never applied to
me for my licence for his absence as Mr. Clark did, his seat at that board is become void
unless H.M. please to restore him. John Duer, member of the council for Antigua,
some time since by a letter desired to be excused on account of his bad health from
attending any more at the council board, and there remaining but six councillors (and
three of these almost worn out with age and sickness) I was forced to swear a seventh
councillor, John Gunthorpe, a gentleman of first distinction in the island by his affection
to H.M. and government, by his capacity and by his estate. The council still, from the
many absent in Europe, often meets to do business but in vain. Col. Morris from a bad
state of health, Col. Frye from age and having above twenty miles to ride each council
day, and Col. Crump from age and sickness very often are uncapable of attending. The
lieut.-governor is falling into the same state though he struggles hard to do his duty.
These circumstances make it fit I should apply to you for orders to the absent councillors
to return or for leave to name others here unless H.M. please to name them at home.
I have delivered to Capt. Jones a box to be forwarded to your office containing the
following public papers : duplicate of minutes of council of St. Christopher's, 9 February
J 737/8-20 July 1738; minutes of council of Nevis, 12 November 1736-12 May 1738;
minutes of council of Montserrat for quarter ending 30 September 1738; minutes of
assembly of Montserrat for quarter ending 23 September 1738. Signed. 4 small pp.
Endorsed, Reed. 7 December 1738, Read 10 January 1738/9. [CO. 152, 23, fos. 170-172^.]

230 STATE PAPERS COLONIAL [483

483 Lieut. -Governor George Clarke to Council of Trade and Plantations.

October 22. On 2oth of this month I dissolved the assembly after they had very
Dr ' fruitlessly sat about seven weeks. My reasons you will see in the
enclosed papers. I acquainted them at first with the petition of the Bermudians against
the Tonnage Act passed in 1734, desiring them as it was passed before my time and as
it was a matter of general concernment to the province to furnish me with reasons to be
laid before you in support of it. But I do not find that they gave themselves one thought
about it, and I presume you will not expect that I should attempt to give any after I
have recommended it to them. They suppose as I have been told that you will let the
Act lie as it is till you know their reasons ; I cannot suppose that they intended by it to
strengthen my hands when I insist upon a revenue for a term of years, and yet if the
bill be rejected it will have that effect. For both the money struck on that bill as well as
that on the Excise bill will be without a fund to subsist on to sink it; and next year they
must return to their senses or involve their country in misery, for it cannot I think be
expected that I should part with the advantages I have by this means over them on any
other condition than that of giving a revenue for a term of years. Signed. i small/)/).
Endorsed, Reed. 3 January, Read 10 January 1738/9. Enclosed,

483. i. Abstract of proceedings of Assembly of New York, 19 October 1738. It
was unanimously resolved not to pass any bill for the grant of money for support of
government but with assurance that the bills struck and issued in 1714 and 1717 as
also the Excise Act be continued from i November 1739 f r a sufficient number of
years to cancel and destroy those bills. This resolution being conveyed to the lieut.-
governor he answered that he could not give assent to such a bill unless this house
settle a support for as long a time and in as ample a manner as had been given to
former governors, neither could he consent to the appropriation of the money.

483. ii. Speech of Lieut.-Governor Clarke dissolving the assembly of New York,
20 October 1738. Your resolutions are such presumptions, daring and unprecedented
steps that I could not look upon them without astonishment nor with honour suffer
you to sit any longer. Printed. 2pp. [C.O. 5, io^,fos. jz-j6d.]

484 Same to Duke of Newcastle. Two days ago I dissolved the assembly:
October 22. th e reason for so doing you see in the enclosed papers, together with

copy of No. 483. Signed. 2 small/)/). Endorsed, Reed. 3 January. Enclosed,

484. i. Same to Council of Trade and Plantations of same date. Copy, of No. 483 .
484. ii. Speech of Lieut.-Governor Clarke to Assembly of New York, 20

October 1738. Printed. Copy, of No. 483. ii.

484. iii. Abstract of proceedings of Assembly of New York, 19 October 1738.
Copy, of No. 483. i. [C.O. 5, 1094, fos. 75-80^.]

485 Samuel Waldo to Thomas Hill requesting copies of papers respecting
October 23. Nova Scotia vizt. patent to Sir William Alexander; Alexander's

assignment to Sir Thomas Temple and another; Temple's and his
partner's division of the patent lands between them ; Earl of Arlington's (then secretary
of state) order to Temple to surrender the premises to the French according to treaty of
Breda. I also desire, if there be any mention in your ancient records or files of the place
called Muscongus, being the western bounds of the patent granted to Thomas Leverett
and John Beauchamp, that I may be favoured with copies or abstracts therefrom. The
use I propose to make of the first mentioned papers is the better to enable me to lay
some proposals for the settlement of Nova Scotia before their lordships ; and the latter

491] AMERICA AND WEST INDIES 1738 23!

in order to ascertain the western bounds of the patent granted to Leverett and Beau-
champ in 1629, 1 having a dispute depending with sundry persons in New England who
claim a right to the western part of the said patent lands. Signed. i small pp. Endorsed,
Reed. 24 October, Read 25 October 1738. [C.O. 217, 8,/o.r. 32-33^.]

486 Order of Committee of Council for Plantation Affairs referring back

October 26. to Council of Trade and Plantations a report proposing repeal of an

Act passed in Antigua on 13 April 1737 for the trial of John Coteen

and Thomas Winthrop for an intended insurrection and declaring the same to be high

treason. No notice is taken in the said report of whether Coteen and Winthorp were

convicted or whether the evidence against them was legal. Sea!. Signed, W. Sharpe. i p.

Endorsed, Reed. 10 November, Read 16 November 1738. [C.O. 152, 23, /w. 165,

168,

487 [Duke of Newcastle] to William Shirley at Boston, New England,
October 27. asking him to do all in his power agreeable to law and justice to hasten

the lawsuit long depending between Sir Thomas Prendergast and Mr. Auchmuty.
Draft, i p. [C.O. 5, 899, /. 354-355^.]

488 [Duke of Newcastle] to Governor Jonathan Belcher to same effect as
October 27. No. 487. Draft. I p. [C.O. 5 , 899, /w. 356-35 jd.]

489 Harman Verelst to William Stephens by Brunswick, Capt. Payne. My
October 27. J as t to you was of 2nd inst. No letters have been yet received from

lce> Georgia by the Trustees of later dates than mentioned in my last
although there are letters in town by way of New York dated 27 August in Georgia.
The Trustees are impatient to know the occasion of this silence. Herewith you receive
the Daily Advertisers for the use of the province from 7 August to 26 October 1738.
Entry. \p. [C.O. i, 66j,fo. 104.]

490 Council of Trade and Plantations to Governor Alured Popple. We
November 1. congratulate you on your arrival and wish you all imaginable hap-

piness. We have sent the three Acts you transmitted to us to Mr. Fane
for his opinion. We have had Mr. Dinwiddie's proposal under consideration but have
not yet come to any resolution upon it. We have represented to H.M. in favour of the
three persons recommended by you to be of the council, and we expect you will soon
send us a list of proper persons to supply vacancies. You may depend on the continua-
tion of our countenance and assistance as long as you discharge your duty. We expect
once in six months a list of such councillors as are either dead or absent, particularly
specifying with regard to the last from whom and for how long they have their licence.
Entry. Signatories, Monson, M. Bladen, R. Plumer. 3 pp. [C.O. 38, 8, pp. 299-301.]

491 Same to Duke of Newcastle transmitting the following. Signed,

November 2. Monson, M. Bladen, R. Plumer. i p. Enclosed,
Whitehall.

491. i. Extract of letter from Lieut.-Governor Clarke to Council of Trade and
Plantations, 16 September 1738, relating to French designs. [See No. 445] i\pp.
Endorsed, Copy sent to E. Waldegrave, 13 November 1738.

491. ii. Commissioners of Indian Affairs to Lieut.-Governor Clarke, Albany,
30 August 1738, relating to French designs. Copy, of No. 445. i. ^pp. Endorsed, as
No. i. [C.O. 5, 1086, fos. 134-140^; entry of covering letter in C.O. 5, nz6,fo. 37.]

232 STATE PAPERS COLONIAL [492

492 Same to Governor Lewis Morris. We have received your letter of
November 2. T x September and congratulate you on the post H.M. has honoured

you with. We send you a list of such queries as are constantly sent to
other governors in America and desire you would once a year let us have your answers
to them. We shall expect that once in six months you send a list of such members of the
council as are dead or absent, specifying with regard to the last from whom and for how
long they have their licence. Entry. Signatories, Monson, M. Bladen, R. Plumer. 2 pp.
Enclosed,

492. i. Queries to Governor Morris concerning situation, trade, population etc.
of New Jersey. Entry. 5 pp. [CO. 5, 997, j&/>. 1-8.]

493 Governor Edward Trelawny to Duke of Newcastle, enclosing copy of
November 2. proceedings of a court-martial held at the request of Lieut. Campbell

to examine into a complaint lodged by him against his commanding
officer, Lieut. Greenhill. You will see that, instead of supporting what he alleged,
Campbell brought his own conduct into such a light that the court-martial deemed him
guilty of actions for which he deserved to be cashiered, and they accordingly gave
sentence that he should be cashiered. But the order for holding courts-martial in this
island bearing date 2 August 1734 having the following words: "But when any commis-
sion officer shall be guilty of such crimes or misbehave so as to be deserved to be dis-
missed our service and he receive sentence for the same, that the execution of the said
sentence be suspended until the same be reported to us and we give directions there-
upon", I therefore beg you will lay the case before H.M. and acquaint me with his
royal pleasure. In the meantime Mr. Campbell is suspended. Signed, z pp. Enclosed,

493. i. Copy of proceedings of court-martial held at Spanish Town in Jamaica,
30 August 1738, on a dispute between Lieut. John Greenhill commanding the late
Capt. Harris's company, and Lieut. John Campbell of the said company. The court
comprised Capt. William Newton, president, Capt. James Draper, Lieuts. George
Concannen, Francis Sadler, John Baillie. The court found that the allegations made
against Greenhill were trifling and frivolous; that Campbell had been guilty of
breach of orders, desertion and breaking arrest, besides cruelly treating several men
under his command; and that Campbell should be cashiered. 3^ pp. [CO. 137, 56,

fas. 143-147^.]

494 President James Dottin to Duke of Newcastle. Two days ago and not
November 4. sooner I received your letter of 21 November last, notifying the death

of the queen. Permit me to represent again the very bad and defence-
less condition the fortifications of this island are in, occasioned by the inhabitants not
being able to pay a levy for their repairs. And as our numerous neighbours the French
have now proceeded very far in their settlements on St. Lucia and the other islands that
were to have been evacuated and which, as I formerly observed, cannot more effectually
be carried into execution than by strict orders being sent to the commanders of the ships
of war stationed at this and the Leeward Islands to destroy those settlements, so should
a rupture happen between us and the French I doubt they would find it no difficult
matter to land a great number of men on this island, they being well acquainted with all
our bays and landing ports. And as this place is of late much depopulated and many
large estates broken up and destroyed and numbers of the planters continue greatly in
debt and have little of their own to lose, I believe the resistance the enemy would meet
with would not be so warm and vigorous as I could wish, especially too as there would
be a very great want of small arms and other stores necessary on such occasions which

49?] AMERICA AND WEST INDIES 1738 233

we are not able at present to purchase and procure for ourselves. So if you think this
island, as being the windwardmost and a key to the rest, worth preserving and keeping,
or that it will be disadvantageous to the nation to have it ransacked or stripped, I hope
that you (when such a rupture is like to ensue) will interpose to procure a proper guard
of ships of war to be stationed here, some to be continually out cruising on the coast to
secure the trade while others are in the harbour to prevent an invasion and in aid of our
ruinous fortifications, to put which in better order I will always use my best endeavours ;
and if I could see that effected and we were able to purchase such stores and arms as
are necessary I will be bold to say, notwithstanding our neighbours are more numerous
and have been greatly encouraged in their trade and settlements whilst we have laboured
under many disadvantages, the attacks and resistance we shall then be able to make will
show that we are descendants of a nation much renowned for courage, loyalty and good
conduct, and that we are not unworthy of our sovereign's favour and protection.
Signed. 2 pp. [C.O. 28, 4'j,fos. 407-408^.]

495 Same to Council of Trade and Plantations, acknowledging receipt of

November 4. letter of z August. I hope you have since received minutes of council
from 5 July 1737 and journals of assembly from 28 June 1737. But
those from April 1734 to September 173 5 I suppose were not sent, as their present clerk
did not know but they had been transmitted by his predecessor. However, as they were
missing I have directed him and the Naval Officer to make out what you mention, which
I shall not fail transmitting as soon as they come to my hands. It gives me no small
pleasure to have the steps I took with respect to the evacuating St. Lucia and the other
islands commended by you, and I wish my endeavour had proved effectual to put a stop
to the settlements that were there carrying on; which I am informed are rather now
much increased, and will very easily be fully completed if there should be the least
notion of a rupture between the two crowns. And then I fear the English nation will
too late be convinced that it was a mistaken policy to suffer the French to evade the
orders settled between the two crowns for evacuating those islands, and as their court
winked at their disobedience proper orders might have been given to have forced them
thence. [Continues in almost the same words as No. 494.] The members of council now
on the island besides myself are Ralph Weekes, John Frere, Thomas Maxwell, Thomas
Applewhaite, John Go Hop, Abel Dottin, Thomas Harrison, and John Maycock; and
absent, John Colleton and Charles Dunbar, and also Richard Salter who had my licence
to be absent for twelve months from 8 May last, before which expires, as I am told he
does not intend so soon to return, I presume he will obtain your further indulgence.
Signed. 2 pp. Endorsed, Reed. 3 January, Read 10 January 1738/9. [C.O. 28, zj,fos. 77-

496 Francis Fane to Council of Trade and Plantations. I have no objection

November 6. j n point of law to the three Acts passed in Bermuda in 1738 for a duty

on whale-fishery, for an addition to the governor's salary, and for paying ioo/. yearly

to the governor. Signed, i p. Endorsed, Reed. 4 November, Read 14 December 1738.

[C.O. 37, i$ y fos. 66, 66d., 69,

497 Governor Edward Trelawny to Duke of Newcastle, enclosing copy

November 6. o f letter to governor of Havana in relation to the capture of two vessels

and the detention of two others. If I have written in a ci viler strain

than I ought upon such a subject, I did it because in talking with Mr. Brown, the com-

modore here, he told me he did not think himself justified in giving orders to the

234 STATE PAPERS COLONIAL [497

captains under his command to take any guardacostas that they should meet with and
bring them into Port Royal, but only such as are seen or known actually to have made
depredations upon H.M.'s subjects or are lurking about evidently to make them; and
with these restrictions it is improbable that any guardacostas should be taken, for they
commit these practices out of sight of our men-of-war when they find a merchantman
by himself. The Drake sloop that conveys my letter and likewise one from the com-
modore to Havana is inferior in force, as I am informed, to some of the guardacostas, to
that particularly that has done the most mischief. So I thought it better not to talk big
without being able to back it by force. If these depredations are not put an end to this
island must lose its trade and be rendered useless to Great Britain; and the Spaniards
find such sweets in them that it is not probable they will leave off until forced to it.
If the guardacostas were brought in here as often as met with till such time as they leave
off these practices, in order to be examined and receive their trial if upon examination
there should be a reason for it, it would undoubtedly very much curb them though we
should let them go again upon proof of their innocence. Nor could they with any
justice I think complain of being so brought in: while the depredations continue every
guardacostas may justly be suspected as guilty of them. The Union sloop, Henry Bennet
master, which is one of the two that were carried into Havana and which I have claimed
in my letter to the governor, was undoubtedly bound on an illicit trade. But as she was
taken on the fourth day after her departure from this island and several merchants have
set forth in their petition to me that she had neither anchored or broke bulk or any
ways violated the treaties subsisting between the two crowns nor had been nearer the
Spanish coast than five leagues, I thought it would be right to demand her, being aware
of the ill consequences that would attend the allowing the Spaniards to seize the ships
of H.M.'s subjects and condemn them for intentions only. They are so easily alleged
and made out to the satisfaction of willing judges that if it is once allowed there can
never be wanting a pretence to seize and condemn all the British ships they can master.
I enclose a list of the Spanish ships of war in these parts according to the best informa-
tion I could get from the South Sea factors, who I desired to inform themselves as well
as they could of that matter. Signed. $\pp. Endorsed, Reed. 18 January; extract sent to
Mr. Keene, 26 January 1738/9. Enclosed,

497. i. Governor Trelawny to Governor of Havana; Jamaica, 27 October 1738.
In reply to your letter of 8 July I am forced to give credit to information I have
received that the Sarah of Bristol, Jason Vaughan master, bound to that city from
this island, and the sloop Union of this island, Bennet master, both belonging to
British subjects, have lately been taken by Spanish vessels and carried into Havana;
and also that a sloop belonging to this island and hired by the South Sea factors
here to carry negroes to Havana and a South Sea snow named the Loyal Betty,
George Waine master, bound for England, are by your orders detained in that
harbour. I hope you will give orders that the vessels may be returned and reparation
made for damages. I have no knowledge of violence or insult committed on any
Spaniard in this island. As to the illicit commerce between Bahama and Trinidad,
the universal testimony of the people here is that no Jamaican sloop is ever engaged
in it. Vessels of the Bahamas are not accountable to me. As proof of my disposition
to do justice, the La Nuestra Senora del Rosario alias La Venus, Bernardo de Espinosa
commander, was brought in here on suspicion of having committed depredations ;
there being no due proof I gave orders that she might depart. Copy. 4^ pp. Endorsed,
copy sent to Mr. Keene, 26 January 1738/9.

497. ii. List of Spanish men-of-war in the West Indies, 6 September 1738.
Barlovento squadron: San Juan, 40 guns; Buen Retire, 64 guns; a snow, 14 guns and

498] AMERICA AND WEST INDIES 1738 235

14 swivel guns. At Carthagena: Conquistador, admiral, 70 guns. At Havana: 2 ships,
60 guns; i ready to be launched, 50 guns; i guardacostas, 24 guns; i ditto, 22 guns.
Passed by Baracoa for Havana about 24 July: 4 ships of the line of about 60 guns;
2 frigates, 40 guns. At Vera Cruz : Grand 'Leon, 70 guns ; Grand franco, 60 guns.
Total: ii ships of the line of battle, 3 frigates, 3 guardacostas. i p. [C.O. 137, 56, fos.
148-1

498 Captain Philip Vanbrugh to Council of Trade and Plantations. On my

November 6. arrival I found the garrison of Placentia as to officers and soldiers in

Lisbon^River good order and properly clothed and armed, but the fort in a wretched,

defenceless condition, the lodgings for officers and men very indif-

ferent and by no means fitted against the severe cold of the winter season. The lieut.-

governor has not any apartment in the fort but is under the necessity of hiring a house

in the town. The harbour of St. John's, the chief and by far the most frequented in the

island, has no defence at all; a couple of small vessels might go in and destroy all the

fishing works without difficulty.

You will see by the enclosed inventory the state of the ordnance stores as also that
of the fishery by the general scheme and answers to the several heads of enquiry, wherein
you may observe that I have altered the course of the scheme, beginning with Placentia,
so proceeding eastward and northward to Twilingate and Fogo which two places are
now added to the scheme. I have endeavoured to inform myself by the best intelligence
of the state of the trade in general, and by what I can learn the whole is regularly carried
on without any material disorders or obstructions between the fishing ships, byboat
keepers and inhabitants. The salmon fishery is carried on in the like good order and
thrives. The most material and universal complaints are against the great numbers of
Irish Roman Catholics yearly brought into Newfoundland and remain the winter
season to the very great prejudice of H.M.'s Protestant subjects who dread the con-
sequences that may attend them in case of a war and beg their case may be laid before
you that a method may be found to prevent such embarkations in Ireland.

Capt. Medley of the Romney carries home two pirates who ran away with a sloop
from Bonavista, one of the Cape de Verdes, and were seized in a shallop at Newfound-
land, having sunk the sloop. Signed. z\pp- Endorsed, Reed. 30 November, Read 6
December 1738. Enclosed,

498. i. Answers to articles in H.M.'s instructions to Governor Vanbrugh.
Dated as covering letter. (i)-(i4) Complied with to the best of my power but
cannot pretend to take any draughts of the coast, harbours etc. without a person
properly qualified and a small vessel to attend that service. (15) The fishery regulated
pursuant to the Act. (16) No ballast nor press-stones suffered to be thrown over-
board. But the harbour of Bonavist is very much damaged by what has been
formerly done, which however may be cleared if thought necessary. (17) Stages are
seldom destroyed but left standing for the next employer, (i 8) A sufficient proportion
of beach and flakeroom for boats employed by fishing ships is settled by the admirals
in the several ports and harbours. (19) All relinquished and settled. (20) and (21)
In the negative. (22) The byboat keepers generally bring certificates from the
Custom house of their qualification, pursuant to the Act, but the admirals make no
report on their return home. (23) Generally complied with. (24) In the negative.
(25) Trees are only rinded for the covering of houses, stages etc. necessary and useful
for the fishery. (26)-(28) In the affirmative. (29) Not so strictly observed as it
should be. The constables are appointed to prevent the selling strong liquors and
to see that good orders are kept especially on that day. (30) The French have fishing

236 STATE PAPERS COLONIAL [498

ships (as I am informed) of 300 tons in the north part but all go home when the season
is over. (31) Answered by the general scheme.

(3 2) This island not producing any quantity of grain their subsistence depends
upon provisions imported from England, Ireland and the American Plantations.
They improve no land but what serves for gardens and pasturage. The cattle are all
brought from New England annually, from 40 to 60 head cows and oxen, 6-800
sheep, 100-200 swine, the greatest part whereof are made use of in the summer
season, and what now remains of former stocks and this season's import is com-
puted to be near 300 head cows and oxen, 600 sheep and 300 swine. (33) No tackle
or manufactures for use and wear but what comes directly from England except at
some places to the northward where, I am informed, ships from Jersey do steal on
shore some prohibited goods. (34) To boatmasters and lowest servants; from 20 to
7/. sterling; and paid by bills of exchange, train-oil or fish. (35) A boat (all charges
included) the season ijo/. sterling. (36) During the summer season the servants are
altogether employed in catching, curing and husbanding their fish and seem to be
very diligent. There are six men employed in each boat, and sell at the same prices
as the fishing ships and byboat keepers. (37) After the fishing season is over they
are employed in providing necessary fuel for the winter, in sawing boards, building
boats, making oars and hoops necessary for the ensuing summer's fishery as well as
cutting and bringing timber out of the woods for the building and repairing stages,
flakes and fishermen's houses. (38) No furring trade carried on but by the inhabi-
tants, who have no commerce or traffic with the Indians. (39) The houses are built
near the waterside convenient for their business. (40) The inhabitants claim a right
to the rooms cleared and built by themselves and not occupied by ships since 1685,
and what they do not use themselves they let out to hire. (41) At Placentia all their
fish is cured on beach, but in all other harbours mostly on flakes. (42) The fishing
ships' rooms have been often determined, but the admirals having never left any
records of their determination is the occasion of some disputes ; but now in a fair
way to be settled. (43) Mostly from England and the rest from America. (44) None
admitted as admiral but such as produce certificates of their qualification from
England. (45) In the negative.

(46) No byboat keepers claim any right or make use of any ship's room before
all the fishing ships are supplied nor do they presume to take possession of any in
the absence of the fishing ships. (47) Some ships from Bideford and Barnstaple allow
shares of their voyages, but from all other ports certain wages. (48) Not exactly
complied with, some illegal trade being carried on in the northern parts from Jersey.
(49) In the negative. (50) I cannot obtain an account of the quantity but am well
informed the whole import is consumed and none shipped off to Spain or Portugal.
(5 1) They sell no goods but to the inhabitants, byboat keepers and fishing ships, for
which they are paid bills of exchange and train-oil which are sent to England, and by
fish sent to Spain, Portugal and Italy. (52) Fourteen public houses licenced and kept
by the inhabitants in St. John's; the servants generally trusted on their own credit.
It is common for all employers in the fishery to trust their servants with strong
liquors, much to their own prejudice. This is in a way of regulation. (5 3) It com-
monly happens that many idle servants are paid their wages in strong liquors, and
some more than their wages ; and continue in that state of debt by their own choice.

(54) 50J-. out and 30 home; and are paid in fish for the necessaries supplied them.

(55) Drunkenness is a common vice expecially amongst the Irish servants of which
here are great numbers and occasions the many disorders and thefts frequently
committed. (56) It is not customary for masters of ships to discharge their men but

500] AMERICA AND WEST INDIES 1738 237

carry the same number home, except it be the passengers who generally return home
in the fall of the year, few remaining in the country excepting Irish as per scheme.
(57) In the negative. (58) Proper care is taken to prevent this practice. (59) Great
care is taken to cure the fish for their own advantage. Ten hogsheads of salt is
allowed to 100 quintals. No abuse in salting. Fish is often damaged by the heat of
the weather as well as being taken at a distance and kept out by contrary winds and
bad weather, but not through any wilful neglect. (60) I can get no account of this
article. (61) No French here capable of carrying on trade. (62) I can get no account
of this article. (63) No officers of the garrison of Placentia concerned in the fishery.
(64) The salmon fishery meets with no obstruction but thieves. (65) I do not find
any material complaints against the justices, and I think unless they execute and are
supported in their authority the Irish Papists would commit many more disorders
than they now do, for which reason I have added three at St. John's, two to the
northward and one in the south parts. (66) I have in the general scheme inserted the
state of the whole fishery as far as I could have any intelligence. I have also altered
the course of the scheme, beginning at Placentia, so proceeding eastward and
northward unto Twilingate, which place with Fogo is now added. (67) I am in-
formed it is the custom for all buyers of fish to cull such as they like and refuse any
fish that is not well cured or unfit for their turn, and that it must be their own fault
if they take what is bad. Signed. 6 pp. Endorsed,, as covering letter.

498. ii. General scheme of fishery and inhabitants of Newfoundland for 1738.
The information is arranged under the following ports: Placentia; Trepassy;
Renouze; Fermouze; Ferriland; Bay of Bulls; Petty Harbour; St. John's, Quitty
Vitty and Torbay; Harbour Grace; Carbonier and Muskita; Bay of Verds; Old
Perlican; Trinity Bay and Bonaventer; Bonavist; Fogo; Twilingate.

Aggregate totals: number of ships, 305 ; burthen, 23,229 tons; men belonging to
the ships, 3,891; passengers in the ships, 3,242; number of boats kept, 1,152; by-
boatmen, 2,962; quintals offish made, 350,979; carried to foreign markets, 345,296
quintals (fish), 710 tierces (salmon); trainoil made, 2,135 tuns; prices, 19-20 rials per
quintal (fish), 40-4 5 s. per tierce (salmon), 8/. ioj.-n/. per tun (trainoil); value of seal
oil made last winter, 2,2 2o/. 17^.; value of furs taken, 7i2/.; number of stages, 501;
number of trainfatts, 224; number of families keeping private or public houses, 472;
acres of land improved, 294; inhabitants, 4,978 of whom 4,069 remained in the
country last winter; born and died since departure of last convoy, 113 and 57. Signed,
Philip Vanbrugh. 2 large pp. Endorsed, as covering letter.

498. iii. General remain of ordnance and stores under care of William Sanderson,
taken by James Wibault, engineer, at Placentia, i July 1738. 7 pp. Endorsed, as covering
letter. [CO. 194, io,fos. 93-104^.]

499 Same to Duke of Newcastle. [In substance same as No. 498.] Signed.
November 6. 2 | S mall//). Endorsed, Reed. 30 December. Enclosed,

LisbontTiver. 499- * Remain of ordnance at Placentia. Copy, of No. 498. iii.

499. ii. Scheme of fishery of Newfoundland. Copy, of No.
498. ii.

499. iii. Answers to articles concerning the fishery. Duplicate, of No. 498. i.
[CO. 194, 24, fes. 134-144^.]

500 Rev. Israel Christian Gronau to Harman Verelst, thanking the Trustees
November 6. f or allowance of io/. for house which now is built by the carpenter of

our congregation. It is built so strong and convenient that it will

238 STATE PAPERS COLONIAL [501

stand a very long time for being always a dwelling house for a minister of the gospel
after my death. The charges of it amount to 40!. sterling and would have been something
greater if the Salzburghers had not done some work without demanding any payment.
Being not able by reason of my short salary to bear the charges I entreat the Trustees to
repay me generously 3O/. sterling. Signed, i small/). Endorsed, Reed. 23 January 1738/9.
[CO. j, 640, fos. 2 1 5-2 1 6d.]

501 Rev. John Martin Bolzius to Harman Verelst. Rev. Mr. Ziegenhagen
November 6. has sent to me a copy of a letter you wrote to him about the money

which the Trustees have allowed for Ruprecht Kalcher, servant to
Mr. Vat. The said money which is 6/. $s. tod. sterling is now placed to my account by
Mr. Causton and I have satisfied the said Kalcher who desired me to return the Trustees
thanks for this favour.

I had the satisfaction of acquainting Gen. Oglethorpe with the building and intention
of our orphan-house, beseeching him for some assistance in victuals and clothing. He
is very well pleased by it being persuaded of the necessity and great use of it in regard
to my congregation and other poor people. But having no power to allow anything
towards it without the consent of the Trustees he advised me to lay my petition before
them, doubting not but they would find some means for the supporting the orphan-
house, for which he promised me to write himself some intercession to them. Please
acquaint the Trustees that I want their generous assistance in the maintaining our
orphans, widows and other persons who are employed for the sake of the poor children,
our Salzburghers being now not yet able to contribute anything to it though they are
very willing, being persuaded of the usefulness of this institution. Besides this I beseech
the Trustees to approve graciously of the generous design of Gen. Oglethorpe in
showing my congregation a particular favour. I entreated him for two families of the
Dutch servants which Capt. Thomson brought over to Georgia whom we want very
necessary for being our cowherds.

Our Salzburghers intend unanimously to go this winter to their works upon their
plantations now fully laid out by strict order of the general for planting rice and other
kinds, and having a good stock of cattle which they always use to keep upon good
pasturages under the care of some cowherds, for want of which they would lose them,
as it happened in the beginning of our settlement to some, or to have them wild and of
little use in the woods ; therefore they beseech the Trustees to allow those two families,
consisting in five heads, for the use of our town to be employed for being our cowherds.
I have engaged myself to the general to find victuals, clothes and everything necessary
for them, entreating only the Trustees to pay their passage which as the general knows
neither I nor the congregation is able to do. It is not to be doubted of that this gift of
the said servants will redound to our Salzburghers' great advantage as well as to the
said servants' great satisfaction and welfare, being now already mightily pleased and
thankful to God and men for being brought by the general's leave to my congregation.
Mr. Gronau begs you to recommend the enclosed letter to the Trustees. Signed. 3 small
pp. Endorsed, Reed. 23 January 1738/9. [C.O. 5, 640, fos. 213-214^.]

502 Lieut.-Governor William Gooch to Council of Trade and Plantations.
November?. This being the last opportunity I am like to have until the spring I

could not let it slip without sending to you printed copies of my
speech and of the addresses of the council and house of burgesses at the opening of this
session of assembly, which met ist inst. The enclosed papers will sufficiently testify the
good understanding we have as governor and people. But as the continuance of the

504] AMERICA AND WEST INDIES 1738 239

Act for improving the staple of tobacco and for preventing frauds in H.M.'s customs,
which is to expire in a year's time, was the principal design of their meeting, though I
am not without hopes I am yet in some doubts whether I shall succeed in that, not from
any dislike the country has to the law but, as is pretended, to the execution of it, which
they would not complain of if their inconstant tempers did not hate to be long under
any regulation, though never so useful and advantageous to them, especially when they
have it before them and may make what alterations and amendments they please.
However I am very sure if they drop it the people will soon be convinced of the dif-
ference, since by meliorating the quality of that commodity it has evidently raised the
price of it here and kept up the value of it in Europe. Signed. P.S. Account of H.M.'s
revenue of zs. per hogshead as passed 2jth of last month enclosed, i p. Endorsed, Reed.
10 March, Read 1 5 March 1738/9. Enclosed,

502. i. Speech of Lieut.-Governor Gooch to the Assembly of Virginia, com-
mending the continuance of a law which tends so much to the credit and contributes
so much to the wealth of Virginia, and directing attention to the late incursions of
the Indians. Printed. 2 pp.

502. ii. Address of Council of Virginia to Lieut.-Governor Gooch, 4 November
1738, with his reply thereto. Printed. i\pp.

502. iii. Address of House of Burgesses of Virginia to Lieut.-Governor Gooch,

6 November 1738, with his reply thereto. Printed, i pp.

502. iv. Account of H.M.'s revenues of 2s. per hogshead arising within Virginia,
25 April 1738-25 October 1738. Balance brought forward, 3,993/. is. %d. Receipts,
2,9527. 17-f. %\d. Disbursements, 2,7937. $s, io^d. Balance remaining, 4,1527. 13^. 6d.
Signed, John Grymes, Receiver-General, audited by John Blair, Deputy-Auditor,

7 November 1738, passed by William Gooch. 2 pp. Endorsed, as covering letter.
[CO. 5, 1324, fos. 147-152^, 155, 155^.]

503 Rev. F. M. Ziegenhagen to James Vernon enclosing abstract of letter
November 8 from Rev. Mr. Urlsperger; the contents whereof I recommend to your

consideration and that you would lay them before the Trustees and,
according to your wonted kindness and favour to the poor Salzburghers at Ebenezer,
to second Mr. Urlsperger's motion. Signed, i small p. [C.O. 5, 640, fos. 217-218^.]
Enclosed,

503.1. Rev. Mr. Urlsperger to Rev. F. M. Ziegenhagen, 15 September 1738,
asking him to petition the Trustees for Georgia to send over some tradesmen
particularly a smith and shoemaker, and at least half a dozen unmarried women, for
the Salzburghers at Ebenezer. ij small/)/). [CO. 5, 640, Jos. 178-179^.]

504 Thomas Jones to Harman Verelst. The general has ordered me to
November 12. acquaint you that among the many charges upon the Trustees above

their establishment one is the sending Col. Cochran's detachment of
the regiment from Savannah to the garrisons on the frontiers and building boarded
huts for them. Part of the latter expense was performed by the Trustees' servants, the
rest by hired men at a great expense: this whole, as it was for preserving the troops,
should be laid before the Parliament. The general apprehends that the extraordinary
charges accruing from the water carriage and providing cover for above 1,000 persons
who came over in the two regimental embarkations will amount to near i,ooo/. but as
he cannot yet obtain the accounts can say nothing certain about it.

I began to take an inventory of the Trustees' effects in the store the 24th ult., which
was delivered me by William Ewen (Mr. Causton's servant). But on Saturday following
he (Ewen) together with Houston, one of the clerks, went away privately for Carolina

240 STATE PAPERS COLONIAL [505

and are not yet returned. On the Monday following I applied to Mr. Causton (as I did
the three following days) that he would, pursuant to the Trustees' order, proceed in
delivering their effects into my care - his answer was that he could do nothing therein
without William Ewen who was entrusted with all that was in the stores. On Thursday
I was informed that Mr. Causton had sold some of his livestock and had offered the
whole to sale, that his wife had declared they would soon leave the colony, being invited
thereto by their friends. I immediately applied to Mr. Christie, the recorder, and gave
information on oath before him of the reasons I had to suspect that Mr. Causton designed
privately to withdraw from the colony without leave obtained whereby the Trustees
would receive great damage; and having obtained his warrant for apprehending him
(which was done accordingly) had him before the recorder where he entered into an
obligation with two sureties (Mr. Parker and Mr. Anderson) not to depart from the
colony without the Trustees' leave. I advised the general of all that had happened who,
upon the receipt of my letter, came in an open boat and arrived here at two in the
morning yesterday and, after having dispatched an officer to the lieut. -governor of
Carolina with orders to apprehend William Ewen, Houston and Hurst (one other of
the clerks who had absconded some time before) and to bring them hither, returned
immediately to the frontiers, being obliged to do so on account of the following un-
fortunate situation of affairs there.

There was a mutiny at St. Andrew's, of which the following is the best account I
can get. The soldiers from Gibraltar were accustomed to have provisions from the king
besides their pay. The king ordered them to have six months provisions at their arrival
here which afterwards was to cease. That time being now almost expired the Gibraltar
men in the camp at St. Andrew's, when the general went there, demanded provisions
and several other things in a mutinous manner to which he gave a mild answer. But
instead of being appeased, they grew more outrageous and would have crowded into
the fort, broke an officer's sword and wounded him who stopped them at the barriers.
The general took one of them with his own hands. Being prevented from securing the
fort they ran down to the camp where they took up arms and strove to force the new
soldiers to join them. The general and officers (having nothing but their wearing swords)
ran down to the camp to disperse them before they could form. The general himself
disarmed one of the ringleaders in the mutiny who fired upon him so near that the ball
grazed above his shoulder and the powder singed his clothes. Capt. Debrisay seized
another as he presented but missed fire at him. Capt. Maccoy having wrested a loaded
piece from one of the mutineers fired and wounded another who that instant was
levelling and fired a shot at the general. The officers secured six of the ringleaders and
dispersed the rest. The new raised men were at first frightened by the Gibraltar men but
afterwards came out to obey their officers. The general assembled all the men next day
without and examined everyone singly whether their officers had treated them justly.
They all said they had no cause of complaint against their officers but that when their
provisions were stopped they were afraid they could not live upon their pay. There is a
court-martial to be held for the trial of the mutineers as well as for a difference that is
between Col. Cochran and Capt. Maccoy. Capt. Dunbar who is going for Charleston
being in haste, have no time to add. Signed. i\ pp. Endorsed, Reed. 22 January 1738/9.
[C.O. 5, 640, fos. 219-220^.]

505 John Crosse jnr. to Trustees for Georgia, making proposals for supply

November 13. o f w in e to Georgia. Signed. ? small pp. Annexed.

Teneriffe. T -a- XT u i i

505. i. Tenerme, 24 November 1738; same to same seeking monopoly

of supply of wine to Georgia. Signed. 4^ small pp. [C.O. 5, 640, fos. 221-224^.]

508] AMERICA AND WEST INDIES 1738 24!

506 Memorial of John Sharpe, on behalf of the inhabitants of Jamaica and

November 13. o f the merchants trading there, to Duke of Newcastle. In the conven-
tion now under consideration touching the trade of British and French in America and
the ports in which the ships of each nation are permitted to enter, Donna Maria Bay and
Tiburon Bay were omitted from the French proposals. It is of the utmost consequence
that these ports should be kept open ; it is hardly possible to make the homeward voyage
from Jamaica through the windward passage without touching at one. Tiburon Bay is
necessary for deep laden trading ships prevented by the current from reaching the other.
There is no likelihood of the British attempting illicit trade in these places for there are
very few settlements there. By the i6th article of the treaty of 1686 the French have
liberty to fish for turtle at both the islands of Caimanas whilst by the 5th article the
English are restrained from fishing on any French island etc. The English should have
the same liberty of fishing for turtle on the south and west ends of St. Domingue or the
French should be restrained from fishing at the Caimanas. Copy, jj pp. [C.O. 137, 48,
fos. 47-5

507 Duke of Newcastle to Council of Trade and Plantations, directing

November 14. that drafts of a commission and instructions be prepared for James

whiteha . Glen, appointed Governor of South Carolina in the room of Samuel

Horsey, deceased. Signed, i p. indorsed, Reed., Read 22 November 1738. [C.O. 5, 366,

fo. 148,

508 Philip Cortlandt and Daniel Horsmanden to Council of Trade and

November 20. Plantations. In obedience to H.M.'s commission of 3 June 1737 for

>r ' reviewing a judgement given on a former commission in a controversy

between the Mohican Indians and Connecticut, we acquaint you that the commission

was published by the New York commissioners on 10 May last and the court opened;

having taken steps for directing the proceedings, we adjourned to 20 June to meet at

Norwich, Connecticut, near 200 miles from hence, a place near the lands in controversy

and most commodious for the parties interested and a convenient distance for the

Rhode Island commissioners.

We accordingly attended at that place at the day appointed and with the governor
of Rhode Island and six of his assistants endeavoured to proceed on our duty and
demanded the former judgement and proceedings to be laid before the court, but were
opposed therein by the agents for the government of Connecticut who said they were
summoned to appear there to answer the complaint of the Mohicans and moved that
the chief sachem of the tribe might appear in the first place ; for they urged that without
him they had no adversary. And herein they were countenanced by the governor of
Rhode Island and five of his assistants who were of opinion that, as the commission
directed the chief sachem and the parties interested to be summoned in the first place,
the chief sachem ought to appear before any other step taken. We were at a loss we
must confess to know what the drift of the Rhode Island commissioners could be in
giving so strenuous an opposition upon this point, for by an examination of the judge-
ment and proceedings we apprehended we might be most likely to be informed who
would be the proper parties to the suit. But in the process of the proceedings that
matter was sufficiently cleared up.

However, demand was made of the officers to return their several summonses and
as to the Indians the return was that the officer had summoned all the principal heads
and all the Mohicans he could find. Hereupon counsel for the Indians represented to
the commissioners that the tribe had no sachem, that they had of late years been much

16 XLJV

242 STATE PAPERS COLONIAL [508

dissatisfied and disgusted with their sachems for that they had betrayed the tribe and
sold or endeavoured to sell all their lands to the government, and they were determined
to have no sachem at all. But whether they had or not, they urged to be no ways
material to the present controversy, for that the lands in dispute had been long since
conveyed by the sachems at several times with the consent of the tribe to the family
of the Masons in trust as perpetual guardians for the preservation of those lands to the
tribe for their planting and hunting grounds for ever (saving some advantage thereout
provided by those deeds for the family of the Masons), and that these conveyances had
been confirmed by several Acts of the legislature of the colony, that a survey of the
boundaries of those lands had been made by order of the government and put upon the
records of the colony, and that the legal estate therein was in the Masons and offered
to produce the evidences themselves to manifest those assertions.

Here counsel for the Indians were interrupted by the agents of the government and
told that they had no right to speak for the Indians, that they could have no authority
for so doing; and of this opinion were the governor of Rhode Island and a majority of
his assistants, though the facts alleged were not denied by the agents for the government.
However that matter was waived for some time. But though an inspection into the
former judgement and proceedings did now appear the more necessary, supposing what
counsel for the Indians alleged to be true, vizt. that the legal estate in the lands in the
controversy was in the family of the Masons, and we might therefore reasonably expect
a satisfaction as to that particular by reviewing the former proceedings as directed by the
commission, and, as we apprehend, if the fact should appear to be so, it would be im-
material whether the chief sachem appeared or not or whether the tribe had a chief
sachem or not, as was observed by one of us and strongly insisted, to have the pro-
ceedings laid before the court. But we were overruled by the Rhode Island commis-
sioners who gave their opinions that we must first have a chief sachem before us, that
without him the tribe could not appear for that would be a body without a head.

Counsel for the agents for the government had intimated at the bar that they could
produce a chief sachem; and the Rhode Island commissioners demanding of counsel for
the Indians whether they knew of any chief sachem (who perhaps finding from what had
fell from the bench as well as from the counsel and agents for the government that a
chief sachem was become necessary as this case was conducted) they declared John
Unchas the rightful sachem; and upon the question to the agents for the government,
they declare Ben Unchas. Hereupon the Rhode Island commissioners ordered the
chief sachem of the Mohicans to be called and they both answered and claimed the right.
Upon this issue the Rhode Island commissioners proposed that the court should proceed
to an enquiry into each of their pretensions and decide the right between them by the
examination of Christian witnesses, and upon the question it was carried in the affirmative
by all the Rhode Island commissioners; though we must observe to you that had the
question been asked of the tribe who were present (as was proposed by their counsel)
who might be thought to be the best judges of their own affairs they would soon have
decided the matter and have spared us the trouble which we thought altogether un-
necessary. But this the Rhode Island commissioners would not suffer to be done but
endeavoured rather to amuse and divert us from the merits of the cause in order to
impose a chief sachem upon the Indians against their inclinations the better to suit a
purpose which at that time we could not be aware of or, if we had, could not have been
able to have prevented. Many Christian witnesses were examined and some days spent
about it, some testimony taken in writing and some orally. At last it was insisted by the
counsel for the Indians that the tribe should be examined, but that was absolutely denied
by the Rhode Island commissioners though at length upon further consideration they

508] AMERICA AND WEST INDIES 1738 243

proposed that a number of them not exceeding six of a side should be admitted to give
their testimony upon this point. And we must observe to you that in the event it came
out that by the constitution of the tribe the sachemship was hereditary and that John
Unchas was sachem dejure and Ben Unchas had been sachem de facto but had been twice
solemnly deposed by the tribe for having been betraying them as far as in his power by
taking upon him to dispose of their lands to the government of Connecticut, and to
show that they had deposed and renounced him an instrument was produced and
proved to have been signed by about sixty Indians. Though it was objected by counsel
for the government that there were not in all above thirty Indians which were properly
Mohicans, yet upon examination it was proved that allowing there were not above
thirty of the tribe nevertheless there were eighteen of that number had signed that
instrument. It seemed to us that some remnants of neighbouring tribes which had been
broken and dispersed by the wars had at length been incorporated into the Mohicans and
had signed this instrument as parties interested. But notwithstanding these facts thus
notoriously apparent, the Rhode Island commissioners resolved and declared Ben
Unchas chief sachem.

The government of Connecticut being thus possessed of a chief sachem according
to their inclinations, counsel for the agents moved on behalf of Ben that three particular
persons might be assigned him as counsel which was granted by the Rhode Island com-
missioners. This point being thus determined, counsel for the Indians moved that John
Mason on whom the trust before mentioned had devolved might be admitted to be
heard by his counsel as guardian and trustee for the Indians with respect to the lands
contained in the judgement to be reviewed. Here the absolute necessity for the com-
missioners inspecting the former judgement and proceedings did in our opinions appear
in the strongest light, for we could not but foresee that the counsel in support of this
motion must of necessity open the merits of the cause; and though one of us insisted and
demanded again and again to have them laid before us yet it was as constantly opposed
by the agents for the government and overruled by the Rhode Island commissioners, but
at length with the greatest difficulty a copy of the judgement was suffered to be produced.
In maintenance of this motion the counsel for Mason and the Indians produced the
several original conveyances from the Indians to the Masons and several Acts of the
legislature of the colony approving and confirming them whereby the trust did most
evidently appear to us. But notwithstanding these facts were so notorious, the Rhode
Island commissioners overruled us and unanimously resolved not to admit Mason a
party to defend the right of the Indians or to hear the counsel in their behalf whom
Mason had brought thither a journey of 100 miles, by which means only we could
expect to come at the merits of the case. We choose rather not to trouble you with
mentioning the rudeness with which the governor of Rhode Island and some of his
assistants treated us. But we cannot forbear observing their absolute refusal of an
entry of some part of the proceedings in the minutes and our dissents thereon, their
great impatience also which they all along showed at our offering in open court the
reasons for our opinions on every point wherein we differed, and they would offer none
of their own but summarily determine everything by putting the question and collecting
the votes of the commissioners, of whom they seemed all along to have been assured of
a majority.

The case having been thus conducted, we assured you we had no hopes of seeing
justice done by an equitable and impartial examination and determination upon the
merits of the case, but found it in vain to expostulate with the Rhode Island commis-
sioners or to sit any longer amongst them after having spent ten days in many hours
close attendance morning and afternoon to so little purpose. We therefore declared to

244 STATE PAPERS COLONIAL [508

them our dissatisfaction with their proceedings whereby a collusive defence of the
Indians' title to the lands in controversy was suffered to be made and finally conducted
by persons who plainly appeared to be members of the corporation and therefore
adversaries of the tribe which manifestly tended to defeat the end of H.M.'s commission,
and therefore we could sit no longer amongst them and so withdrew. As we were
anxious of discharging the trust H.M. honoured us with to the utmost of our abilities,
we were careful of taking notes of the proceedings as exactly as we could which has
served to lay the facts particularly before you in a representation and certificate herewith
enclosed. But we chose likewise to offer you this general account of them for the sake of
saving your time, which however may be justified by reference to the particulars set
forth at large in the representation if it may be thought of use which we submit. Signed.
6J pp. Endorsed, Reed. 9 January, Read 18 January 1738/9. Enclosed,

508. i. New York, 10 August 1738. Representation of same to same. [The
substance of the greater part of the representation is the same as covering letter but in more
detail} In the course of the evidence the following particulars appeared in full proof
as well by the testimony of witnesses Christian and Indian as by writings, vizt. (i) By
the constitution of the Mohicans from the time of Unchas called the Grand, chief
sachem at the first arrival of the English colony in Connecticut, the chief sachemship
was hereditary in the Unchas family from father to son. (2) John Unchas is next male
heir to Mahomet who lately died in England. (3) Oweneco, second sachem since the
memory of the English, had three sons, Joshua, Mahomet and Caesar. Joshua and
Mahomet died in the lifetime of Oweneco, the former without issue, the latter left
a son named Mahomet who died lately in England. This Mahomet being a minor of
10 years of age, Caesar (Oweneco's third son) was made chief sachem in confidence
that he would resign to Mahomet when he came to manhood. Caesar dying shortly
after, Major Ben Unchas (the fourth and youngest brother of Oweneco) assumed the
sachemship and soon after died. (4) Counsel for the Indians produced an authentic
copy of an Act of Assembly of 20 October 1 692 declaring that Mahomet is and ought
to be the next rightful sachem after the death of Oweneco. (5) On the death of
Major Ben Unchas, there was an interval of some years without any chief sachem.
About seven or eight years ago, the present Ben Unchas was appointed, but taking
upon him to dispose of the lands of the tribe to the governor and company of
Connecticut the tribe deposed him in September 1736 and set up Ann, daughter of
Caesar, as head or queen, who married Sam Unchas, son of John now claiming the
chief sachemship. (6) On 2 August 1737 an instrument was signed, following the
intercession of the governor of Connecticut, restoring Ben Unchas as chief sachem.
John Richards testified that the Indians fully understood the instrument, Jonathan
Barber, missionary resident amongst the Mohicans, testified that they did not. (7) In
March 1738 the greatest part of the tribe signed instruments again deposing Ben
Unchas and likewise deposing Ann who had deserted her first husband to marry the
son of Ben. (8) Ben Cachego an old Indian testified that Ann was made queen regent
till Mahomet's return. By the stratagem of some agents for the government she was
married to the son of Ben Unchas in order to make a stronger alliance with the blood
royal.

As evidence of the estate which the Masons have in trust for the Mohicans, the
following evidences were produced, (i) Deed, 15 August 1659, whereby Unchas and
Wawequaw, sachems of the Mohicans, granted to Major John Mason all the lands
possessed by them. (2) Minute of proceedings of assembly at Hartford, 14 March
1660, noting that Major Mason had surrendered to the colony the jurisdiction over
the said land. The laying out of the lands was left to Major Mason and the court

509] AMERICA AND WEST INDIES 1738 245

ordered that the Indians should have sufficient planting ground at all times. (3)
Deed, 20 May 1661, whereby Unchas, Oweneco and Attawanhood, sachems of the
Mohicans, granted to Major John Mason all the lands belonging to them which
should be sold or disposed to any person. (4) Deed, 14 December 1665, whereby the
same sachems ratified the deed of 1661, confirming to Major Mason and heirs half
the profit of all lands and woods, and bound themselves and their heirs not to sell or
dispose of the land without consent of Major Mason. (5) Deed, 9 May 1671, whereby
John Mason entailed to Unchas, Oweneco and Attawanhood, a parcel of land at
Mashawtackuck. (6) Deed, 6 March 1683, whereby Oweneco passed over to the
Masons his right in land between New London bounds and Trading Cove brook.
(7) Deed, 6 June 1689, purporting to be a confirmation to Daniel Mason. (8) Acts
of court of the colony, 13 October 1692 and 20 October 1692, confirming lands to
Oweneco and his son Mahomet.

It was manifest to the commissioners, as we conceived, that the legal estate in
the lands in controversy had from 1659 been vested in the Masons in trust for the
Mohicans, and that although the first conveyance was an absolute deed yet the
Indians had done nothing towards the disposition of those lands so as to part with
their entire interest in them. The agents for the governor and company insisted that
as the original conveyances were absolute to Major Mason and antecedent to the
charter of Connecticut, and as Mason was a grantee of the charter, the king's subject
having so purchased of aliens, the lands were thereby vested in the crown and con-
sequently passed to the grantees of the charter. Yet these conveyances were all along
understood by the Masons and the government of Connecticut to be in trust. Signed.
\z\pp. "Endorsed, as covering letter. [C.O. 5, i269,/<?j. 31-44^.]

509 James Oglethorpe to Aid. George Heathcote. I am here in one of the

November 20. most delightful situations as any man could wish to be. A great
number of debts, empty magazines, no money to supply them, num-
bers of people to be fed, mutinous soldiers to command, a Spanish claim and a large
body of their troops not far from us. But as we are of the same kind of spirit these
difficulties have the same effect upon me as those you met with in the City had upon you.
They rather animate than daunt me. There is no doubt but that the debts due to the
merchants and others for supporting the colony in the time of the greatest dangers ought
to be paid for by the Parliament. Shall they who ventured their effects to prevent a
colony's being swallowed up by a Spanish invasion be ruined for their public spirit?
Shall the poor men who are here in garrison in the Trustees' service on the utmost
frontiers of America starve for want of the pay which is due to them ? I am persuaded
the Commons of England will never think so. If the Trustees will but concert and apply
to Parliament for a sufficient sum they certainly will succeed. It is the interest of the
merchants who have the certified accounts to assist them. The Parliament ought to
enable the Trustees to pay these debts for the following reasons. They granted 2o,ooo/.
for the whole expense of the colony but when they separated the military from the civil
they granted but 8,ooo/. for the civil expense, supposing that a regiment would arrive
there which would take off the military expense. But it was near a year before the regi-
ment arrived all which time the Trustees' officers were obliged to continue the expenses
for the defence of the province by maintaining the militia who were under arms, by
paying the scout-boats, rangers and garrisons, and supplying the Indians with arms,
ammunition and necessaries in order to keep them in readiness against the Spanish
invasion. These measures occasioned debts, but these measures preserved the province
and frustrated the attempts of the Spaniards from Cuba and Augustine, nay even

246 STATE PAPERS COLONIAL [5 IO

prevented their daring to attack so much as one outpost. But supposing on the contrary
the Trustees' servants here had not ventured to buy provisions on credit but had on the
ceasing of the military establishment and before the arrival of the regiment abandoned
the garrisons, the Spaniards might then have taken possession of them without so much
as an hostility and the nation would have had no remedy but applying to commisaries
or entering into a war. These measure therefore ought to be justified and the Parliament,
if applied to, will doubtless enable the Trustees to pay those who so frankly risked their
substance for the public service. I need not conjure you by your friendship to me for I
know your own public spirit will make you animate our friends to apply to Parliament
and push for such a supply as may pay the debts and continue to support the improve-
ments of the colony. I shall add nothing more than to assure you that in whatever part
of the world I am neither distance nor time can lessen the sincere affection I have for
you. Signed. 5 small/)/). [C.O. 5, 640, fos. 225-227.]

510 Same to Duke of Newcastle. On 8 October I wrote to you, since
November 20. which I have been at Savannah to meet the chiefs of four towns of the

Creek Indians who came down thither to assure me of their fidelity to
H.M. and to give an account of the great offers the Spaniards had made to incite them to
make war with the English, which they refused with great steadiness. Those soldiers
who came from Gibraltar hither have mutinied. The king gave them provisions and pay
at Gibraltar: he gave them but six months provisions here, after which they were to live
upon their pay. On the expiration of their provisions they demanded a continuance of
them and I not being able to comply with their demands, they took arms. One of them
fired upon me; after a short skirmish we got the better of them. One of the officers was
slightly and one of the mutineers dangerously wounded and five are secured prisoners
to be tried by a court martial. We have strong reason to suspect that our neighbours
have tampered with these men, many of them speak Spanish and some of their boats
came up hither before my arrival. When the court martial is over I shall acquaint you
with the event thereof. Signed. 2$ pp. Endorsed, Reed. 29 January. [C.O. 5, 65 4, fos. 174-
175*]

511 William Stephens to Trustees for Georgia. My last was of 27 Sep-
November 21. tember with a supplement of 29th, copy sent herewith with my journal

continued to this day inclusive, in which journal reference being had
to my notes of 30 September and 9 and 16 October it will appear how unfortunate it
proved that the packet I had then sent met with such unexpected delays, and by what
ship it since went I have yet received no advice, which indeed has given me much
uneasiness ; but I assure myself the attorney-general has taken due care in it to whom by
your orders I recommended it, well hoping now that the season being come again when
ships will be more frequently going for England than for a while past we shall not
again be so far to seek for opportunities as we have lately been. It was for that reason I
suffered the time to pass to an unusual length since my last without writing, being well
informed there was no prospect of any ship likely to sail till about this season. I am now
to acknowledge the receipt of several letters and papers since come to hand, vizt. by
Capt. Thomson on 1 5 October two boxes directed to me enclosing a great number of
letters partly for the people of this place and partly for the south, which boxes the
general being then in town were very rightly carried to his quarters where he readily
found such as immediately appertained to himself; and such as were directed to me I
took, the dates whereof were 4 and 1 1 August. And since, by the arrival of Capt. Reid
at Charleston 17 October I had from thence two originals of 4 August whereof those I

5Il] AMERICA AND WEST INDIES 1738 247

received by Capt. Thomson were copies. The accounts of provisions and necessaries
received and credits given by Mr. Causton since midsummer 1737 came to hand also in
duplicates by those two ships, Messrs. Crokatt & Seaman, partners, sending me from
Charleston what came by Capt. Reid with a letter acquainting me it was directed to their
care.

The present state of affairs here is such and so perplexed that it would require an
abler pen than mine to give a full detail of it : wherefore out of great superabundance I
must content myself with a few observations of what I apprehend more immediately
requisite to offer for your consideration ; and the enquiry now making into Mr. Causton's
accounts drawing most people's attention to see what the issue of that will be wherein
also I have your particular commands to learn as far as I can what reasons (if any) can
be given for divers steps taken by him, as in your letter of 4 August is specified. I have
diligently sought to discover what secret purposes might carry him such lengths as it
appears he went in buying provisions for the stores to an uncommon degree and many
things even to be thought not necessary, wherein though I cannot in my own private
opinion vindicate his proceedings, knowing himself exceeding your orders, yet in
common justice I am obliged to say that I have not been able hitherto to trace any marks
of fraud or any collusion with the sellers of such provisions. But so far as I yet perceive
it has been owing to an unadvised rash judgement of his own which (to speak plainly)
he might err in the sooner for an overweening conceit of his superior discernment to
others who perhaps would have been better advised before they had ventured so far.
As I saw no likelihood of my coming soon at any further knowledge of this matter I
believed it would not be amiss to attempt in a little free conversation with him how far
any judgement might be formed from what answers he would give to such questions as
I should put to him thereon which I would do as from myself though in substance the
same as I received from you. I did so at a fit opportunity and soon afterwards put in
writing, as far as I could comprehend what he meant, vizt. he told me that all the goods
mentioned in the certified accounts as delivered to particular persons are charged to
their respective accounts, by which the reasons for so doing will appear fully when
those accounts are perfected; that he thought it necessary for him to buy what provisions
came to market because we knew not how soon it might be out of our power to come
at any, wherefore in keeping the stores full he kept the people together from dispersing
till the king's forces arrived ; that many of the goods supposed to be not necessary have
been found so as well for discharging establishments in specie as also for issuing (with
a reasonable advance in the price) instead of money to discharge the necessary expenses
of the colony, whereby the people's wants have been supplied cheaper than from
common hucksters.

These as near as I could collect them were such reasons as he thought proper to
give for what I asked him in free conference betwixt ourselves; what weight those
reasons carry with them I submit. As I must presume Mr. Jones will particularly inform
you what loss may have been sustained by provisions that have proved not well when
bought or been spoiled for having been kept too long in store, I would rather choose to
leave it to him than send an imperfect account or such as I could not warrant. Some
waste cannot easily be prevented in such quantities of many kinds, and some Mr. Jones
called me to see when brought together appeared to be a considerable quantity of dried
beef, tongues, hams etc. quite wasted. Among the woollen goods also some of old
standing I observed had received damage from the rats and moth, but I conceive the
loss in that article will not be very grievous or extraordinary. In the meanwhile the
enquiry into those books and accounts is carried on with all the appearance of dispatch
that may be and with uncommon rigour, Mr. Causton says, which he often complains

248 STATE PAPERS COLONIAL [5 1 1

of and of his being personally ill-treated by Mr. Jones. But I avoid as much as possible
meddling in those contentions and only observe that Mr. Jones possibly might without
prejudice to the public lay aside a little of that heat wherewith he sometimes appears to
be actuated, and Mr. Causton may consider now whether in time past he has not given
cause to others for the like complaint when his power was so extensive. Whatever be
the event I truly think that in case he should appear culpable in breach of his trust he
has shown no tokens of regard to the parable of the unjust steward by making friends
with the unrighteous mammon: for I fear that but few would lament his fall in this
place, so many has he disobliged in giving way to those tormenting passions of jealousy
and revenge. This I say not out of any illwill, for in truth I bear him none, but I sincerely
wish he may acquit himself perfectly to the satisfaction of his constituents and everyone
else.

The cargo of foreigners which Capt. Thomson brought with him came at a very
unlucky time to him when so few of the inhabitants were able to purchase servants.
But through the general's favour in allowing credit to divers who are likely to make a
right use of them about half are taken off the captain's hands here, and the remainder he
hopes through the like kind assistance to dispose of in the south. Let me not offend if
on this occasion I offer a poor opinion of my own relating to several importations of
foreign servants into this province, which I presume to do from what I have been a pretty
close observer of, and so far as concerns the public in what benefits the Trust are to
expect from many of them, I am persuaded in myself that had they had their freedom
the first day they came ashore with each of them a piece of land to sit down on and
(add to all this) even some small allowance also for their support a little while out of
your stores they would ere now have shown their industry in clearing and cultivating
a good tract of land and found their labour well recompensed as well as the country
been more improved abundantly. It is certain from experience they will work heartily
for themselves and it is as certain and manifest that very few of them will take due pains
for others or be driven by them, but like Hudibras's horse the more his master used the
spur the less the sullen jade would stir. This I see daily verified with relation to the
Trust servants, some few but very few instances excepted, and as for those who are in
private service we hear continual complaints from one or other of their laziness etc.
Nevertheless it must be owned there is much difference to be found in regard to the
several countries they come from, and therein I must absolutely give the preference for
sloth and stubborness to those people who came with Capt. Hewett last winter whom
the Trust had so large a share of and have found so little benefit from whether in
farming or domestic labour in the town. So far as yet appears it must be said these poor
people that came now with Capt. Thomson are as promising for diligence as any I have
seen among all that came before them, but I fear their labour will be hardly tantamount
to the support of so many old women and children as are among them unless we can
happily see such employed hereafter in the silk manufacture or such like, which there is
good grounds to hope for.

I do not find that the use of the crane, which you take notice of to me, has turned
to much benefit of the public by appropriating the hire of such as worked at it for
private uses to that end; for it has been usual with masters of vessels, great or little, who
imported goods for private persons to work the crane with hands of their own, but as
your expectations are now known I hope they will be observed. Your commands
relating to Oakes, who is apprentice to Young the wheelwright, were obeyed carefully
as you will observe in my journal of yesterday's date. I am sorry that in more places
than one of that journal I thought my duty obliged me to take notice of the discord
arisen betwixt Mr, Norris and Mr, Habersham, wherein I offered my poor opinion

JI2] AMERICA AND WEST INDIES 1738 249

what I thought to be the real cause; and it is with perfect impartiality. Mr. Habersham's
care of the school is unexceptionable, and I look on him as a diligent and useful man in
divers capacities. Mr. Whitefield when here by his preaching and assiduously applying
himself to promote piety had greatly won the hearts of his hearers, wherein I hope I did
him justice by representing him to you in a due light at sundry times such as I thought
(and still think) he deserved. But the misfortune seems to lie in this, that the fraternity
(whereof if I am rightly informed he is one) seem to speak and think lightly of the
generality of the clergy of the Church of England and condemn them for indolence etc.
(not to say worse). In consequence of which they would be magnified as men of more
zeal in religion which they are apt to carry to too great a length as I conceive and even
to assume the power of opening and shutting the gates of heaven. Mr. Whitefield him-
self as I apprehend seems to pay no great compliment on his brethren of the clergy in
his preface to a sermon preached at Bristol on the necessity of a new birth, and men of
such sentiments ought the less to be wondered at if they dislike another who in some
points of doctrine may not think altogether alike with themselves especially if such
person happens to fill the pulpit which they would choose for their own, which I take
to be in a great measure the case here, though Mr. Whitefield is absent, Mr. Habersham
often professing in all conversation that they were formed into a society by the appella-
tion of friends whom nothing in this world could separate and whatever one of them
said the other would maintain; wherefore it is pretty plain from hence that Mr. Norris
was to expect no quarter from them. As to myself, whilst Mr. Whitefield was among us,
I was wanting in no due regard to him nor esteem for him; and now Mr. Norris suc-
ceeds, who is so well recommended and authentically appointed, I shall endeavour
whilst he continues to behave as hitherto he has done to show him all the marks of
friendship I can and do my utmost to see that he is well supported, which I think there is
little appearance that he will stand in need of since he rises daily in the good opinion of
most people of sense.

I purposed to have added a few other matters which my present thoughts suggested
to me as proper to be laid before you, but am unhappily broke in upon by the arrival of
Sgt. McKenzie with a large packet from your office containing various dispatches and
letters as well for the general now at Frederica as others both in the south and north
parts of the colony, among which I am now too truly informed of the certainty of Col.
Horsey's death which before we were unwilling to give credit to. The loss of so valuable
a friend demands a debt of nature which grief usually pays ; and you will forgive me if
at present I break off here and lay hold of the next first opportunity of addressing you
farther. Signed. 5 small/)/). Endorsed, Reed. 29 January 1738/8. [CO. 5, 640, fos. 229-232^.]

512 Lieut.-Governor George Clarke to Council of Trade and Plantations,

November 21. acknowledging letter of 19 August and favour shown to his son. I was
sensible when I wrote to you about the Triennial bill that there was
no great possibility of its passing at home, and what I wrote was purely on the pressing
instances of the assembly. Although my interview with the Six Nations had not the
effect I hoped for in their giving us some land to build a fort on at Tierondequat, yet in
other things I succeeded pretty well; for I got them not to permit the French to erect
a trading house there nor suffer them to take any other footing among them and to give
what encouragement they can to the remote nations of Indians to bring their beaver to
Oswego. Minutes of council and votes of assembly are enclosed. I was obliged to
dissolve the assembly for their insolent attempts. I intend to call another in the spring
who I hope will come together with better dispositions and a truer sense of their
country's wants and interest. But however they are disposed I will keep the Excise Act

2JO STATE PAPERS COLONIAL [513

in my power, for if they are not easily to be managed by that advantage which I have
over them, without it they would be ungovernable. Refers to Tonnage Act in same
terms as No. 483. Signed. z| small pp. Endorsed, Reed. 8 January, Read 10 January 1738/9.
[CO. 5, io59,/w. 78-80^.]

513 Governor Edward Trelawny to Council of Trade and Plantations,
November 21. acknowledging letter of 20 July. I am much obliged to you for your

kind assurances in the latter part of it that you will always have a
proper regard for those whose names I shall transmit to you in order to be of the council.
I shall endeavour to deserve your esteem by promoting H.M.'s service here to the
utmost of my power and by paying all possible deference to your commands. I am very
sorry you had any reasons not to assist me in the recommendation of Messrs. White-
home and Garthwaite to be councillors in as much as I had given them hopes and had
flattered myself that you would have concurred in it, without which assurance gentlemen
are shy in consenting to my single recommendation. You may remember that when I
attended at your board I set forth the inconveniences that might arise in the execution
of my duty if my recommendation, especially the first, should fail; and I then understood
that you gave me hopes it should not. Few gentlemen proper both upon account of
their character and fortune are willing to accept of that post; several have refused me.
If you would condescend so far as to let me know when you have an inclination to favour
any persons, I shall be so far from recommending any others in their stead that I will
upon the first signification of your pleasure transmit their names to the principal Sec-
retary of State unless there should be such cogent reasons to the contrary (which I will
communicate to you) as would induce you, if you were apprised of them, to withdraw
your favour. It is impossible you should so well know the characters and dispositions
of people here by the accounts which upon these occasions you must often receive from
those who perhaps chiefly consider private friendship or recommendation as I have
opportunity to do by seeing them in business and conversation. In the choice of coun-
cillors it is necessary for me to have public considerations in view, as it is with them
principally I must concert most things relating to the due execution of my office. I hope
you will think it reasonable in me to urge this point, because a successful obedience to
H.M.'s commands as well as my own ease and quiet in the administration of this govern-
ment greatly depends upon it. I have not yet had time enough to be sufficiently satisfied
of the characters of twelve persons fit to be nominated to supply any vacancies in the
council which may hereafter happen. The five following (but subsequently to Sir Simon
Clarke, Bart., Samuel Whitehorne and Edward Garthwaite) I recommend as such to
you, vizt. Richard Beckford, Hampson Nedham, Thomas Rodon, Thomas Fearon,
Dr. Matthew Gregory. Signed. $pp. Endorsed, Reed., Read 13 February 1738/9. [CO. 137,
23, fos. 2-3</.]

514 Council of Trade and Plantations to Committee of Privy Council,
November 21. pursuant to order of 26 October last referring back representation

proposing repeal of the Act for trial of John Coteen and Thomas
Winthorp. The information which we had received concerning the proceedings upon
that Act arose from a discourse with the agent of Antigua when the Act was under our
consideration; for we neither then had nor have since received any notice from Governor
Mathew of the said proceedings. We have again discoursed with Mr. Yeamans, agent
for Antigua, who has acquainted us that although he had no notice from his constituents
of the said proceedings yet he is well informed by conversation with several gentlemen
lately come from that island that Winthorp and Coteen having been brought to trial,

515] AMERICA AND WEST INDIES 1738 25 I

the first was acquitted and the other convicted on such evidence only as had been
qualified by the Act and would not otherwise have been admitted as legal. Entty. Sig-
natories, M. Bladen, A. Croft, R. Plumer. 2. pp. [CO. 153, 16, Jo. 77, 77^.]

515 James Oglethorpe to Harman Verelst. I cannot yet get Mr. Causton's

November 22. balance of account nor can I be sure of the debts due in Georgia :
every day fresh demands come in. By my best guess there is above
8,ooo/. due in Georgia besides the certified accounts. The expense here of the year for
the improvements of the colony, the civil government and presents to the Indians
cannot be brought under 5 ,ooo/. for the year. The Trustees' stores will be no assistance
at all towards it since they have been ordered to be issued in payment of debts at Savannah.
I have desired Mr. Jones to draw out a particular of all the expenses that are absolutely
necessary. I hope therefore that the Trustees will apply to Parliament for a sum sufficient
to pay the certified accounts, the debts incurred here, and to provide for the charges of
the year. They will be the best judges how much that sum must be. I reckon the
military expense of the year, between the ceasing of the military establishment and the
arrival of the regiment, might amount to 1 2,ooo/. I reckon therefore the debts certified
and uncertified that are unpaid must amount to near that sum and the expense of the
year from my arrival this November to ist of next November will be 5,ooo/. If the
Trustees think that the sum of i7,ooo/. is more than they can obtain from Parliament
they will do what they think best. But if the Parliament does not pay the debts it will not
only be impossible to support the colony at all but the misery of the poor people who
came upon their own expenses and trusted their little fortunes upon the public faith will
be inexpressible. The clamour also of the merchants who furnished provisions etc. in the
time of the Spanish alarm upon seeing the necessity of supporting the colony will be
very great. I should therefore move the Trustees to insist upon a sum sufficient to pay
the debts and support the colony and I am so persuaded that the Parliament will grant
such a sum that I venture upon paying all the necessary expenses here out of my own
pocket without drawing on the Trustees or charging them with any debt till I hear of
the determination of Parliament, which I fear will be near six months, and in which time
I fear shall have expended (though I shall use the utmost economy) near 2,5007.

I have paid ioo/. pursuant to the Trustees' order to Lyon to enable him to carry on
the vineyards. I sent you by my last letter his receipt and I have secured the other ioo/.
to him. I have paid at Savannah about 4oo/., part in purchasing provisions for the
supplying of the most necessitous people, part for making up presents to the Indians,
four kings of whom with great numbers of warriors and attendants, 80 in all, came down
there to meet me and to assure me of their fidelity to H.M. and that they had rejected
the Spanish offers. I have ordered the account of the issues of the Indian presents to be
made out and sent to you. I have sent also an acknowledgement signed by the officers
who arrived with the first part of the troops of their having boats furnished to them and
boarded huts for them at the Trustees' expense, which is demandable from Parliament.
I have not been able to get in yet the particular account but the whole must amount to
above i,ooo/. for the regiment and all the persons belonging to them amounted to above
1,000 and the huts and boat-hire for them and such a quantity of stores as came over
cannot be reckoned at less than zos. charge per head, one with another. I have delivered
the yawl to the pilot to be pilot-boat according to the Trustees' order. I have ordered
copies of the waste book kept at the store in Frederica to be made out and sent over to
you every month from the time of my coming over. There is not hands to post up after
the Italian manner of book-keeping but I suppose if you have a waste book sent over you
may do that in London. I hope if the Parliament makes a grant that the Trustees will

252 STATE PAPERS COLONIAL [5 l6

immediately send sola bills for what they intend should be the expense of the year.
Signed. P.S. Enclosed I send you an account of the mutiny at St. Andrew's and a letter to
Mr. Holland which if he is not in town you may open and read and communicate to the
Trustees. 3 />/>. Endorsed, Reed. 15 February 1738/9. [CO. 5, 640, jos. 233-234^.]

516 William Stephens to Harman Verelst. The packet I received yesterday
November 22. which was sent by Sgt. McKenzie; wherein I found your letter of 25

August with a copy of the Trustees' letter of 1 1 August and the copy
likewise of the bill of loading of sundry goods consigned to Messrs. Crokatt & Seaman
at Charleston which came by Capt. Nicholson etc. What other letters and dispatches were
contained in that packet due care will be taken of. But unhappily there I found also the
fatal news confirmed of my good friend Col. Horsey's death, to which what can I say ?
Leves loquntur curae, ingentes stupent, so said a heathen philosopher from the light of nature.
But a greater than he who was divinely inspired had said on the like occasion, I became
dumb and opend not my mouth for 'tis thy doing. We are forbid to repine at the dispensa-
tions of Providence but surely we may grieve lawfully when nature prompts reasonably :
why else was that passion implanted in us ? Indeed I cannot but lament his death, the
man whom I loved and whose neighbourhood in this part of the world I pleased myself
often in imagining might conduce to our future comfort. Such is my loss but when I
read his son's letter which I am favoured with in the same packet my heart is ready to
bleed at the thoughts of how much greater a loss his mournful family sustains which he
left behind. Be so good when you see them to present my respects in the most tender
manner, letting them know that as I truly condole with them so I shall always be ready
to testify the same goodwill to the family as when my worthy friend lived by all the little
offices I am capable of. Gen. Oglethorpe is at present in the south; as soon as he
returns hither, which we expect will be in a few days, I shall ask his leave and advice
about going for Charleston in order to promote what Mr. Horsey has requested of me,
wherein I wish greatly that success may attend my endeavours as effectually as they will
be undertaken heartily. Then I shall write to him; till then words alone bring little
relief.

I had it in my thoughts to have troubled you now with a story concerning my own
affairs, but this melancholy occasion made me lay aside to another time when I shall not
hesitate to unbosom myself to you in a few particulars, whom you have taught me to
esteem my true friend and so I sincerely do. Please present my duty to Lord Egmont:
his kind remembrance and notice of an old, depressed man, gives me fresh vigour when
I read it. I wish I were capable of serving him in anything. The potter has the model
from his lordship of the flower pot and the coffee pot from his countess both before him,
which he has been chewing upon some days, but has not yet fully told me what can be
done in it. I hope in my next to acquaint you how far he is capable of performing.
Signed. P.S. The little boy that you sent for a servitude here was delivered me by the
Sgt. of whom more hereafter, i p. Endorsed, Reed. 29 January 1738/9. [CO. 5, 640, fos.
235-236^.]

517 Salzburghers in Georgia to Rev. Senior Urlsperger. None of us is
November 25. a ny poorer, all have received enough since last harvest for necessities.

We wish our fellow-countrymen were here; they would profit by our
experience. The land is cultivated. Arrangements are now made for cattle-breeding : we
have 200 head of cattle besides pigs and poultry. We enjoy complete Christian freedom
in religion. Gen. Oglethorpe has lately granted that no one shall settle here without our
consent. It would be pleasant if more of our people could come over. Persons who

519] AMERICA AND WEST INDIES 1738 253

would be specially welcome are named ; they are from Lindau, Memmingen, Nordlingen,
Augsburg, Leutkirch, Ulm, Liebrach, Kaufbeuern, Kemten, Regensburg. Unmarried
women are needed. German. Copy. Signatories, Simon Steiner and 39 others with German
towns of origin given. 4pp. [C.O. 5, 640, fos. 237-238^.]

518 Governor Edward Trelawny to Duke of Newcastle. Mr. Greenhill
November 25. w ho was the commanding and only commissioned officer since Lieut.

Campbell's suspension belonging to the late Capt. Harris's company
being dead, I shall immediately give orders to Mr. Hill, the oldest lieutenant in this
island, to take command of that company and shall give a warrant to James Long to act
as lieutenant in the room of Mr. Hill. He is the gentleman I recommended to you for a
commission some time ago together with William Newton and George Bird; and I
renew my request for them that they may receive commissions according to the order
I then recommended them in. I beg to add to my former recommendation Robert
Hodgson and James Hamilton to whom I have given warrants. Signed, i^pp- Endorsed,
Reed. February. [C.O. 137, 56, fos. 156-157^.]

519 Governor Alured Popple to Council of Trade and Plantations. A sloop
November 25. p u t in here from North Carolina to refit, bound for London, gives me

an opportunity of writing to you which I did not expect before the
spring. I have not time at present to get transcripts made of my last letter of 2nd of last
month 1 nor of Acts and papers transmitted 2 1 August.

I have an instruction that gives much uneasiness here, notwithstanding the governors
here I believe have always had it. It is the 73rd. By that instruction I am directed to
take care that all ships and vessels arriving within my government shall with the first
opportunity of wind and weather come and lie at an anchor either in the Castle Harbour
or in St. George's Harbour, and I am not to permit the said ships or vessels to land or
unload any goods or merchandise in any other port or harbour. That you may be the
better judge of this instruction, I will endeavour to state to you what may be said both
for and against it. Most of the gentlemen of this country live on the great island not-
withstanding the seat of government is held at St. George's and that all public business
is transacted here. These gentlemen are all concerned in the sloops trading to and from
Bermuda and have their warehouses on the great island, which is here called the Country.
If therefore these sloops load and unload in St. George's Harbour or the Castle Harbour,
the gentlemen concerned must be at a great charge to remove their goods to their own
warehouses in the Country and to bring to town what goods they intend for exportation.
If their sloops should be permitted to load in the Country (unless they are permitted to
clear there) an easterly wind will as soon carry them to the continent of America as bring
them to this harbour to clear. During the hurricane months (August and September)
all vessels bound hither endeavour to make the first land they can; and if from the con-
tinent a westerly wind will first carry them to the Country, the same wind will afterwards
bring them to this harbour. But if it changes easterly they are confined to the Country
and according to my 73rd instruction can neither enter nor unload until a change of
wind can bring them to this harbour.

On the other hand the Custom-house is here in town where the collector, naval
officer and searcher constantly reside. If therefore vessels are permitted to enter in the
Country a door is opened to illegal trade unless Custom-house officers were likewise
settled there with salaries sufficient to keep them above bribery. The Bermuda sloops

l Not found. Should perhaps be 27 September. See No. 455.

2J4 STATE PAPERS COLONIAL [520

frequently trade with the Dutch at St. Eustatius ; and as the Dutch trade with the French,
commodities may clandestinely be imported into the west end of these islands unless
as I said before Custom-house officers were settled there ; and that this is sometimes the
case I have reason to believe. But the many opportunities sloops coming in at the west
end of these islands have of running such goods on shore before an officer could be sent
from hence makes it impossible for me to say more than that I am certain goods (especi-
ally liquors) are run; and I wish I could say it was in my power to prevent it. Vessels
coming in at the west end never want a plausible reason such as distress in some shape
or their making land so late in the evening that they were obliged to come in or stand
out to sea again and such vessels (if their intention was to run anything) have landed
what they proposed to run before any officer from hence can prevent it.

I hope you will consider what I have written and either propose some alteration in
my instruction or send me peremptory orders to put it punctually in execution. For
when my commission was first published the people here seemed extremely pleased that
powers were given me thereby to make new ports and harbours. But when I showed
them my 73rd instruction they then said they hoped I would do as my predecessors had
done and allow them the liberty of entering and clearing in the Country which neces-
sarily must imply loading and unloading out of the Castle or St. George's Harbour,
which is quite contrary to my instruction. Since I have been here I have obliged all
vessels to come into this harbour and enter excepting a very few who were really
disabled. But they have come down when refitted. My abovementioned 73rd instruction
is so very particular with regard to loading and unloading in this harbour or the Castle
Harbour that the punctual execution of it in order to prevent the ill-practices of some
must impose very great inconveniences and charges upon others who I dare to believe
would be no way concerned in illicit trade. I must therefore once more beg of you to
consider my instruction and what I have written and as soon as possible favour me with
your resolutions for some people here think my power of making new ports much
stronger than the restriction in my instructions, the first being under the broad seal.
But neither their opinion nor any example of my predecessors shall prevail on me to act
contrary to my instruction. Signed. 4pp. Endorsed, Reed., Read 19 January 1738/9.
[CO. 37, i3,>J. 7

520 Governor William Mathew to Council of Trade and Plantations,
November 27. enclosing duplicate of minutes of council of Nevis, 12 November 1736

Antigua. to 12 May 1738, register of burials, marriages and christenings in
parishes of Trinity Palmeto Point and St. Thomas Middle Island in St. Christopher's for
year ending 30 October 1738, and duplicate of minutes of council of Montserrat for
quarter ending 30 September 1738 and of minutes of assembly of that island for the same
time. {Note in another hand: all duplicates of what have been already received.] I am
honoured with your commands of 10 August last and in obedience thereto I enclose a
list of members of the council of each island and shall regularly send such a one every
six months