CALENDAR
STATE PAPERS
COLONIAL SERIES
[y o i *a>"?J
AMERICA AND WEST INDIES
1730
PRESERVED IN THE
PUBLIC RECORD OFFICE
EDITED BY
CECIL HEADLAM, M.A.
WITH AN INTRODUCTION BY
ARTHUR PERCIVAL NEWTON, D.Lit., F.S.A.
Rhodes Professor of Imperial History in the University of London,
Fellow of King's College, London'.
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CONTENTS
PAGE
INTRODUCTION v
CALENDAR 1
GENERAL INDEX 431
The reference " A.P.C." is to the printed Acts of the Privy
Council, Colonial Series, " Journal " to the printed Journal
of the Commissioners for Trade and Plantations.
NOTE. etc. printed in italics in the course of the text indicates
that matter merely repeated or of no importance is there
omitted. Phrases in italics are summaries of matter of
slight importance. Words printed in italics between square
brackets [thus] are suggestions by the Editor where the
MS is rubbed or torn.
INTRODUCTION
For the period down to the end of the War of the Spanish
Succession the volumes of the Calendars of State Papers, Colonial
were not uniform in size and the papers included in each of them
did not as a rule end with the close of the year. From 1714
onwards, however, it usually became practicable to include in
each volume the papers of two years, and the volumes were all
of approximately equal size. But for the year 1730 the bulk
of papers is so considerable that it was impossible to include
with them the Calendar for 1731, whose papers are also more
numerous than those of earlier years. The present volume,
therefore, only covers a single year, though it is approximately
of the same size as those preceding it. As compared with 547
abstracts for 1728 and 520 for 1729, there are 652 abstracts
without allowing for the many enclosures, but the practically
doubled bulk is accounted for more by the length of the papers
than their number. This indicates that there was no sudden
increase of colonial business, as might at first sight have been
assumed, but merely an increase of the length at which corres-
pondents wrote. There was no breach of continuity, but
everything continued on its accustomed course.
Relations
with
Spain
in the
colonies.
1-
GENERAL.
The long drawn-out negotiations between the British and
Spanish plenipotentiaries at Seville were brought to a conclusion
and a definitive treaty of peace was signed in November 1729.
Orders had been sent out to the colonies for the cessation of
hostilities as far back as 25 March 1728, but they had been
little obeyed. Commerce destruction on both sides had gone
on much as before, and in the waters of the West Indies there
was little change in the system of reprisals that had come
vi COLONIAL PAPERS.
down from the sixteenth century. Arrests and confiscations
of ships on either side were so frequent both during war and
peace that it was impossible to distinguish one from the other.
The constant protests passing backwards and forwards between
the British and the Spanish colonial Governors might be based
on different grounds of legality, and the veneer of politeness
might be thinner in war than in nominal peace, but there was
no real difference.
The Treaty of Seville provided for the mutual return of prizes
and the payment of compensation for improper seizures after
the armistice, but the date when hostilities were supposed to
have ended was put so far back that there were endless oppor-
tunities of dispute. When the Duke of Newcastle sent out
his circular letter to the colonies on 22 January ITjji!, (26) to
inform them of the treaty of peace, he stated that by its
provisions any prizes taken since ',!> June 1728 were to be
restored. That date was chosen as the date when the orders
issued in Spain in accordance with the Convention at the Pardo
arrived at Cartagena (26 i), but it was realised that those orders
had been so ill-obeyed and there had been such a long interval
that there were likely to be many applications for redress.
The Duke hoped that, from the readiness with which
new cedulas had been issued in Spain, the Spanish Governors
would at last think themselves obliged to obey the orders
(p. 13) and so a stop would be put to the depredations of the
guarda-costas against H.M. subjects in America. But his hope
was clearly only a very slender one, for neither the desires of
the Governors to comply nor their power to control their subjects
were strong enough to bring about really peaceful conditions.
Order was therefore given that if the like outrages should
continue, immediate applications were to be made to the
Governors concerned and full accounts of their answer and
behaviour were to be sent to the Secretary of State so that
complaint might be made to the King of Spain, (p. 13).
In pursuance of the treaty Benjamin Keene and two others
"tcTex^nr were appointed as Commissaries to treat with Spanish com-
ciaims. missaries concerning claims for redress under its provisions.
INTRODUCTION. vii
The Board of Trade was ordered to give notice to merchants
and others to present their claims with the necessary evidence
and vouchers at the Board's office to be forwarded to the
Commissaries. (157, 229). At the same time the Board was
ordered to prepare representations concerning all such
impositions and hardships as had been put upon the trade of
H.M. subjects in any of the King of Spain's dominions to be
delivered to the Commissaries, who were also to be informed
by the Board of the true extent and limits of H.M. possessions
bordering on those of the King of Spain in America (157). In
accordance with these orders, claims began to pour into the
office of the Board with depositions of the outrages suffered.
They have only been listed or briefly summarised in the
Calendar, but they afford a mass of evidence concerning the
actual conduct of maritime trade in the West Indies at the
period, which might be of interest to economists and commercial
historians.
The Instructions to Keene and his fellow commissaries were
prepared in June 1730 (294 i), and they were ordered to complete
their labours and present their report within three years from
the signing of the Treaty of Seville, i.e. by November 1732.
The matters to be examined were set forth in the Instructions
and it is of interest to note what were the outstanding causes
of dispute between the two powers. Besides applications for
redress for seizures of prizes, the commissaries were to examine
the complaints of the South Sea Company against hardships
and impositions laid upon them upon which the Agent of the
Company residing at the Court of Spain would produce evidence.
Other questions were to include the boundary between South
Carolina and the King of Spain's Province of Florida, the right
and title to the Bahama Islands, the right which British subjects
claimed and had exercised for many years of cutting logwood
in the Bay of Campeachy, and the pretensions of the subjects
of the King of Spain in the Province of Guipuscoa to fishing
on the Banks of Newfoundland, (p. 152). On the other hand,
the Spaniards by virtue of the Treaty of 1721 were likely to
make claims for the restitution of the ships taken by the English
fleet in 1718, but the commissaries were instructed to represent
Vlll
COLONIAL PAPERS.
The Florida
boundary.
Spanish
encourage-
ment of
privateering.
that the said Treaty had in this respect been duly executed by
Great Britain, and that if some of the ships by that Treaty
to be restored were not carried home to Spain, it was the fault
of the Spanish Officers who would not receive them when they
were tendered to them by those in whose custody they were,
(p. 153). There were here therefore abundant causes of dispute
of very long standing, and the work of the commissaries was
likely to be extremely difficult and tedious.
The Board of Trade found it difficult to comply with the
orders of the Secretary of State to supply at once to the com-
missaries copies of all papers in their office relating to grievances
in the Spanish trade or contraventions of treaties, because they
were so numerous, but they suggested one immediate alteration
in the terms of the instructions. In place of the mention of
" the King of Spain's Province of Florida " they suggested only
a mention of " the limits of the Province of South Carolina,"
because, as they said, " We are far from acknowledging that
Florida belongs to the King of Spain ; for Florida in its natural
extent would take in both the Carolinas. But we know of
no settlement the Spaniards have on that coast between Port
Royal and the Point of Florida at the entrance of the Gulf of
Mexico, except St. Augustine, which is near 100 miles to the
southward of the River Altamaha." (369 ii). This was a
matter of considerable importance, for, as we shall see later
when we come to mention the propositions for the establishment
of a new colony to the south of Carolina which were just then
being put forward and which led to the grant of Georgia, the
northern limits of Florida would soon become a matter of acute
controversy.
The Government had little doubt that Spain was insincere
in her adhesion to the Treaty of Seville, and they were confirmed
in their apprehensions by the information that they received
from the Governor of Jamaica. The news of the conclusion
of the treaty was received in that colony in March 1730 and
was warmly welcomed by the Assembly as giving them hope
that their trade with the Mother Country would henceforth
be uninterrupted and ample reparation would be made to them
for the many and unjust depredations and captures of their
INTRODUCTION. ix
ships and vessels by the Spaniards (143 vi). Those hopes were
woefully disappointed, for the orders of the King of Spain to
cease hostilities were disregarded by his colonists, and the only
remedy appeared to be to treat them as pirates. In September
1730 a circular letter was therefore sent out by the Secretary
of State to the Governors of all the colonies giving orders to
that effect. /'The piratical practices of the Spaniards and
others," it said, " still continuing to the great damage of
II. M. subjects ; and as all vessels acting in such matter, in
time of peace, are to be reputed no other than pirates, whether
they cruise at sea without any commission, or having com-
missions do nevertheless spoil and plunder the ships and goods
of H.M. subjects contrary to the treaties, and there being great
reasons to believe that the said freebooters are chiefly upheld
in their piracies by the secret encouragement and protection
which they meet in many sea-port towns in the West Indies,
from whence they are fitted out for the sea, and to which places
they retire with their booty," His Majesty requires the Governors
of his colonies to give orders to any of his navy ships then in
their ports upon proof of such outrages given to the local Court
of Vice-Admiralty to proceed to the ports in question and
demand immediate restitution and redress or make reprisals
for the piratical acts. (453). Thus, despite the apparent
restoration of peace, local acts of war were to be authorised in
the colonies wherever necessary.
Governor Hunter of Jamaica believed that the Spaniards
Designs st m cherished designs of attacking the island in force. He
upon
Jamaica, forwarded reports from those who had been in contact with
the Spanish authorities to show not merely that the plan for a
descent in force upon the island had been seriously intended
at the end of the war, but great quantities of stores and
munitions had been collected for it, which were still available.
But it was the fear that the Spaniards were intriguing with the
rebellious negroes in Jamaica and furnishing them and the
disaffected Irish Papists with arms for a rebellion on a great
scale which most seriously disturbed him (311). He pressed
on the fortifications at Port Antonio with energy and his reports
to the Secretary of State were so grave about the lack of defence
COLONIAL PAPERS.
Relations
with
France.
The
Neutral
Islands.
that, when he asked for reinforcements, his application was
listened to and two regiments were ordered to proceed from
Gibraltar to Jamaica without delay. The peace with Spain,
in fact, was an exceedingly uneasy one and many of those in
the best position to know expected war again within a very
short interval.
Relations with France in the colonial sphere were generally
friendly, although the usual causes of irritation remained in
Nova Scotia and along the border between Canada and New
England and New York. The principal cause affecting the
relations of the two Courts which appears in these papers is
the question of the " Neutral " Islands about which there
are many papers ; the subject often appears incidentally in
earlier volumes of the Calendar, but here it came to active
negotiation and the number of papers concerning it consequently
increased.
In January 1722 the Duke of Montagu had petitioned the
Crown for the grant of the islands of St. Lucia and St. Vincent,
promising to settle 500 persons in the former within three years.
The acceptance of the offer was recommended by the Board
of Trade, and in June 1722 Montagu received his letters patent.
At the end of the year a party of some 180 emigrants was sent
out, but within a few days of their reaching St. Lucia the
Governor of Martinique sent a strong force against them and
compelled them to withdraw on the grounds that the French
had valid claims to St. Lucia and that St. Vincent should be
left to the Caribs. (Preface, Col. St. Pap., Col., 1722-3, pp.
xliii xlvi). The representations of the British envoy to the
French Court asserting the title of the British Crown to the
islands were strongly repudiated, and it was upon direct orders
from Versailles that the Governor of Martinique had compelled
Montagu's colonists to retire.
The failure of the attempt was bitterly regretted by the
English colonists in Barbados who feared and foresaw that the
Martinicans had obliged the Duke's settlers to quit St. Lucia
because they desired to settle it for themselves and so to threaten
competition with and obstruction of English trade from
INTRODUCTION. xi
Barbados. In July 1729 it was reported by a private letter
from Francis Freelove, a leading Barbadian, that ever since
the expulsion the French had been clandestinely stealing
settlements and that there were upwards of 3,000 French
inhabitants upon St. Lucia besides their negro slaves and more
were daily coming from Martinique. The Barbados merchants
st Lucia ur g e d that very strong representations should be made to the
King of France to compel him to recall his subjects before they
became more formidable, for not only were they swarming into
St. Lucia, but they were also forming settlements upon St.
Vincent and Dominica, where they had lately denied the
English ships the liberty of getting wood and water. (Cal.
6'Z. Pap. Col, 1728-9, no. 802).
Freelove's letter was read to the Board of Trade on
9 December 1729, and they at once summoned him to attend
and give further information. Enquiries were also made to the
Admiralty as to reports from H.M. ships upon the West Indian
station, and it was confirmed that although Mr. Freelove had
probably exaggerated the number of French intruders in St.
Lucia, there could be no doubt that their number was very
considerable and was rapidly increasing. The Board therefore
moved the Duke of Newcastle to take immediate action and
to recall to the French Court that at a Conference between
the English and French Commissaries at Paris in January
172,! the Regent promised that the French colonists sent to
St. Lucia after its grant to Marshal d'Estrees should be with-
drawn and the island put into its previous condition. (Cal. St.
Pap. Col, 1728-9, no. 1053, 31 Dec. 1729 ; recalling Cal. St.
Pap. Col, 1719-20, no. 505, 4 Jan. 17i i!. See also Preface,
1719-20, pp. vi viii).
The Secretary of State at once took action, and Mr. Poyntz,
the British Minister in Paris, was directed to draw the attention
of the French Court to the encroachments at St. Lucia, St.
Vincent and Tobago and request that orders should be sent
to the Governors of the French colonies in the West Indies to
prevent future occasions of complaint. (38). With this letter
was sent a statement of the English claim to St. Lucia (38.iv)
that had been prepared some years before (Cal. St. Pap. Col,
xii COLONIAL PAPERS.
1709, 2 June 1709). This was only the first of a deluge of papers,
for the West Indian merchants had drawn the attention of the
claims to House of Commons to the matter and the dangers to English
trade arising from French aggression. The House accordingly
passed a resolution for an address to the Crown asking for the
papers and proceedings of the Board of Trade relating to the
French settlement on St. Lucia to be laid before them. (56).
This is one of the few cases where there is any mention of
parliamentary action in these colonial papers, and it is of
interest to trace the action of the administration upon it.
The resolution was passed on 11 February 17;};!, and Mr.
Popple, Secretary to the Board of Trade, knowing of it
informally, at once began to get together the papers the Board
would present to the House. He supplied this list to Mr.
Delafaye, the Duke's Under-secretary, (67, 68, 74), a week
later, but remarked that the Board had not received any proper
direction to lay the papers before the House and submitted a
suggestion that his OfTicc ought to receive a signification of the
King's pleasure. (67). The Duke accordingly formally
forwarded the Address of the House of Commons and requested
compliance therewith (Journal, p. 93) ; accordingly Colonel
Bladen, a member of the Board and of the House of Commons,
was desired to lay several papers relating to St. Lucia before
the House pursuant to their Address. (Journal, 24 Feb., I7H,
p. 95).
The critical discussion of the subject took place at the
beginning of March, and there is an interesting series of notes
passing backwards and forwards between Newcastle and
Delafaye and others which reveals how the ministers worked
out their policy in a matter of this sort. The actual work of
picking out the appropriate papers from the archives was done
by Delafaye and one of his clerks (105), who sent on the evidence
to the Duke. He worked through it and noted what essential
documents were missing (104), and then passed on the packets
to the Lord Privy Seal, the Lord Chancellor and the Secretary
at War (100). It was among this group that the policy was
decided upon and the substance of the directions to be sent
to the British minister in Paris worked out. (100-106 inclusive).
INTRODUCTION.
Xlll
St. Croix.
Papers
concerning
the history
of the
question.
Mr. Poyntz reported from Paris that he had carried out the
instructions given to him and had presented to the Garde des
Sceaux translations of the documents relating to the encroach-
ments and violences of the French at St. Lucia, St. Vincent and
Dominica, (93 i), but had been met with the counter-charge
that English colonists had occupied Santa Cruz [St. Croix],
although it was undeniably a French possession. They had
driven off French ships that attempted to land and were estab-
lishing permanent settlements. In view of these rival
contentions, the French Government were willing to renew the
offer they had made in 1727 to remove all their men from St.
Lucia and the other islands until the question of ownership
was settled by negotiation, providing England would do the
same. (p. 42). Meanwhile Mr. Poyntz learned that the French
were assembling their proofs, and, since he saw that there was
an irreconcilable difference in the facts asserted by the two
nations as to events in the disputed islands in the seventeenth
century, he had set out again the basis of the English claims
before the Garde des Sceaux. (p. 43).
The French Ambassador presented similar representations
to the King in London, and Newcastle therefore instructed the
Board of Trade to employ their " utmost diligence and
attention in forming a full and exact state of the matter together
with [their] opinion what it [might] be proper for H.M. to do
upon every particular mentioned in the papers " (93). This
instruction was received by the Board on 6 March 17ifi!, and
they therefore had to launch out into an elaborate historical
investigation of their records and other papers, which resulted
in the production of a series of reports that cover the whole
of the rest of the year. For the history of St. Lucia, St. Vincent
and Dominica, and to a lesser extent for Santa Cruz, the papers
are of great interest and they also throw some light upon the
general history of the Lesser Antilles, but it is unnecessary to
summarise them here. We need only enumerate certain of the
papers of special significance (104, 105, 155, 177, 260-6, 282).
The general history of the dispute as regards St. Lucia was set
out by the Board in the elaborate and lengthy report presented
to the King in July, (324, 324 ; pp. 170182), and fortified by
xiv COLONIAL PAPERS.
the addition of 38 items of evidence collected from both English
and French sources.
The English titles to St. Vincent and Dominica were, as
the Board remarked, supported by reference to the same
authorities, but in August they forwarded a further report
in which they set out the proofs relating to St. Vincent, (408 ;
pp. 246 250), supported by 20 items of evidence, and in
September a similar report on Dominica, (421 ; pp. 259 262),
with 18 extracts from the records. The Board had much greater
difficulty in finding arguments to support the English claim
to Santa Cruz, (324), and they appear to have been actually
in doubt as to what had been the course of events in that island,
(Journal, pp. 101, 103). Their own records contained little
or no information, and so they had to call in Colonel Hart,
the late Governor of the Leeward Islands, and other persons
from Antigua and St. Christopher to give what information
they could from traditions as to how Santa Cruz was abandoned
by France and its inhabitants transferred to people the new
French colony in St. Domingo, (Journal, p. 101 etc.). To add
to the complexities of the dispute, the French brought in again
the question of rights in Tobago, which had been the scene of
many unsuccessful attempts at colonisation, as we have noted
in earlier volumes.
Lord Waldegrave, the British ambassador in Paris, and his
colleague, Mr. Poyntz, were kept supplied with the reports and
papers as they came in, and were constantly engaged in discussion
with the French authorities, but could make no progress.
Each side flatly denied the evidence produced by the other,
or, even when they admitted the authenticity of any document,
they disputed its meaning. The only forward step was that
the French were willing to order the evacuation of St. Lucia,
St. Vincent and Dominica until the right to the islands was
determined, (432 i). The Duke of Newcastle informed the
Board of Trade of this (432) and directed them to prepare an
instruction to the Governor of Barbados to see that the
evacuation of the English settlers was carried out as soon as
the Governor of Martinique should receive similar orders from
France and carry them into effect. (452 i). The first form of
INTRODUCTION.
xv
Tobago
Jurisdiction
of Courts.
the evacuation order was objected to in Paris (p. 365), but at
last in November 1730 agreement was reached, and the
respective orders were sent out to Martinique and Barbados.
When the French, however, made a demand that the island
of Santa Cruz should be evacuated and all British subjects
absolutely forbidden to settle on the island of Tobago, the
Board of Trade advised refusal to comply, (p. 366).
Those islands were not included among the " Neutral "
islands, and although the French might possibly have some
grounds for their claim as regards Santa Cruz, the English title
to Tobago had never before been publicly contested by the
Court of France, and the King's right to that island was built
upon a foundation admitting of no competition. (561 i). To
comply with the French proposal would be a renunciation of
British rights, and it could not be accepted.
Thus matters remained in a complete deadlock when the
year ended. No real advance had been made in the long and
tiresome negotiations, and matters were left to drift in the
islands while the attention of the authorities in London and
Paris turned to other things. Generally speaking, the relations
between England and France in other parts of the colonial field
were comparatively quiescent, but we shall have occasion to
mention later the state of affairs on the border between their
respective colonies in North America.
There are few papers of much constitutional importance during
the year, but we may draw attention to one or two of the
disputes as to the jurisdiction of courts which were a perennial
feature of the period. From Antigua an Act was forwarded
purporting to remedy certain defects in the constitution of the
Court of Chancery in that island, but examination of the Act
showed that it was designed to preclude the English Court of
Chancery proceeding in any cases concerning property in the
island. Mr. Fane, the legal adviser of the Board of Trade,
was of the opinion that no Act of the Legislature of a colony
could in the least restrain any jurisdiction of an English court,
but he advised that the Act was " inconsistent with the duty
xvi COLONIAL PAPERS.
and submission the Colony ought upon all occasions to show
her mother country," and he therefore recommended its
disallowance. (32).
The opposition in the colonies to the exercise of Vice-
\dmiraitv Admiralty jurisdiction was steadily rising, and there were
Courts constant complaints from the judges and other officers of the
in Pennsyl-
vania. Vice-Admiralty Courts that they met with interruptions in
their employment from the Provincial Judges, who issued
divers prohibitions against their proceedings in matters properly
depending before and cognizable in the Courts of Vice- Admiralty.
An Order-in-Council was therefore directed to the Board
of Trade in April 1730 to prepare drafts of additional
instructions to all colonial governors to assist the officers of
the Vice-Admiralty Courts in the legal execution of their
employments (184). The matter came to a head in Pennsyl-
vania, where great disputes had arisen between David Lloyd,
Chief Justice of the Province, supported by Lt. Govr. Patrick
Gordon, and Joseph Brown, Judge of the Vice- Admiralty Court
there. The papers in the case were referred to Sir Henry
Penrice, Judge of the High Court of Admiralty, for his opinion,
and in his report to the Lords Commissioners of the Admiralty
which was forwarded by them to the Board of Trade, (3356.
pp. 192-195), it is possible to trace the way in which such
disputes arose and the kind of thing that brought about the issue
of the above-mentioned Order-in-Council. In December 1726
John Moore, Collector of Customs at Philadelphia, had seized
certain goods in a schooner, the Sarah, as imported contrary to
the Acts of Trade. They were condemned by the Court of
Vice-Admiralty in February 172;, the forfeits to be divided
according to the statute in thirds, to the King, the Governor
and the informer respectively, after the fees of the Court and the
contingent charges had been paid. The Judge of the Vice-
Admiralty, Joseph Brown, demanded his usual fee of 7|- per
cent., but Governor Gordon, as Chancellor of the Province,
demanded that this should be reduced to 3| per cent, and in
his Court of Chancery issued an injunction against the officers
of the Vice- Admiralty commanding them not to put the sentence
into execution. He ordered the goods to be divided into three
INTRODUCTION. xvii
parts, one of which he took in kind as Governor, one to go to
Moore as informer, and the third as the King's part to be put
up to sale to discharge the fees.
In July 1727 a further information was laid before Isaac
Miranda, as Brown's deputy Judge in the Court of Vice-
Admiralty, for the condemnation of the schooner, but when
the case came for trial it was stopped by the injunction of the
Governor sitting as Chancellor on the ground that Brown's
deputation to Miranda had been revoked. Moore then brought
an action against the vessel in the Court of Common Pleas of
Pennsylvania and secured its acquittal, while Governor Gordon
brought a civil action for scandal against Brown in the same
Court and secured his committal to prison in August 1727. A
little time afterwards a further prohibition was secured from the
Supreme Court of the Province against Brown as Judge of the
Vice- Admiralty Court from trying another case even before it
had come before the Court.
By these proceedings of Gordon, in his executive capacity
as Lieutenant-Governor for the Penn family and in his judicial
capacity as Chancellor issuing injunctions, and of the Supreme
Court by prohibitions of the jurisdiction of the Vice- Admiralty
Court, the work of that Court was impeded as often as they
pleased, and so the clear intentions of the Acts of Trade were
set at naught. (335 b. pp. 192 195 and accessory evidence).
It was to prevent this and similar conflicts of jurisdiction in
other colonies that the Board of Trade received orders to prepare
additional instructions to be sent out in a circular letter to all
Governors. The matter of Brown's complaints dragged on
for many months after his first petition of complaint had been
received by the Board, and he was summoned to appear in
person and give evidence, (416, 419), but Governor Gordon
neglected to reply to the complaints that were sent to him
with Sir Henry Penrice's report upon them, and by the end of
the year no satisfaction had been obtained. This passive
disobedience seems to have been a frequent method employed
by the Pennsylvanians to get their own way, and the Board of
Trade, despite all their persistence, seem to have been com-
pletely baffled in all their efforts to clear up these conflicts
Wt. 527 C.P. XXXVII-B
XV111
COLONIAL PAPERS.
The
Supreme
Court
in Pennsyl-
vania.
of jurisdiction, which put such serious obstacles in the way of
the enforcement of the Acts of Trade and produced such bad
blood in the colonies.
The question of customs seizures in Pennsylvania not only
involved the jurisdiction of the Vice- Admiralty Courts but
also raised difficult problems in relation to the competence of
the Common Law Courts of the Province, established under
the terms of the Proprietary Charter. In 1727 the Legislature
of the Province passed an Act for the establishing of Courts
of Justice which differed in no respects from previous Acts
save that it took away the original jurisdiction of the Supreme
Court as to the power of issuing original process and hearing
causes. (510). The Act was forwarded to London in due
course for consideration, but it was not until April 1730 that
the Board of Trade sent it to Mr. Fane, their legal adviser, for
his consideration, (172), and he did not return his reply until
November advising the Crown to disallow and repeal it. (510).
Fane's report is of considerable interest as showing the
conflicts of jurisdiction that went on in the colonies and the
personal motives that sometimes moved their legislatures to
take action on grounds that were not necessarily based upon
public interest. Moore, the Collector of Customs at Phila-
delphia, had seized a valuable ship, the Fame, laden with East
India and contraband goods to the value of 20,000/. To secure
its condemnation he sued by original process before the Supreme
Court instead of bringing action in the Vice-Admiralty Court,
with which, as we have seen above, he was then in dispute,
or before the Inferior Courts where the persons presiding being
generally bred in the mercantile way might reasonably be
supposed in such cases of seizure to be prejudiced in favour of
the importers of the contraband goods. To put an end to
Moore's action in the Supreme Court, the Legislature was
moved to take away the original jurisdiction of the Court even
in cases wherein the Crown was interested, and then passed
the Act which Fane was considering.
Original jurisdiction had been unquestionably vested in the
Supreme Court by an Act of the Pennsylvania Legislature of
INTRODUCTION. xix
the 8th year of George I, and since that Act had not been
repealed within five years, it must be considered as having
received the assent of the Crown, and under the provisions of
the Charter it could not be repealed, varied or altered by a
further Act without the express leave of the Crown. Mr. Fane
gave it as his opinion that the Pennsylvania Act of 8 Geo. I
was not explicit on this point of original jurisdiction (p. 333),
but objection was also laid by Moore's agents against the Act
of 1727 on the ground that its restrictions were repugnant to
the laws of England in a way that was expressly provided
against by the Charter. By several Acts passed in England
which extended to the Plantations, it was expressly enacted
that the Custom House Officers might prosecute their seizures
in any Court of Record, and it was their invariable custom to
lay the prosecution before the most superior Court of Record,
which was held by Moore to justify his action. But the opposing
counsel maintained that the Supreme Court was not a court of
record in this sense, for, being the only Court of Error in the
colony, no appeal could lie against its judgment in a case where
it was exercising original jurisdiction. This objection carried
no weight with Mr. Fane, for as he pointed out, Parliament had
vested jurisdiction in the Admiralty Courts in the Plantations
in all causes of seizures and had not thought proper to leave
the judgments of those to be reviewed in any manner but by
appeal home. (p. 334).
When the Act was before the Legislature, a clause was
proposed to retain in the Supreme Court jurisdiction in all
causes wherein the Crown was interested, and Mr. Fane gave it
as his opinion that, if this clause had been inserted, there would
have been no objection to the Act. But since it had been
refused, and thus the rights of the Crown and its revenue might
be seriously affected by making the officers of the Customs
bring their original actions in Inferior Courts which were likely
to be prejudiced, Fane strongly advised that the Act should
be disallowed (p. 335). The matter is of interest beyond a
merely legal sphere, because it illustrates the fact that at this
period the customs officers in the colonies did not rely solely
upon the unpopular and weak Vice-Admiralty Courts for the
xx COLONIAL PAPERS.
enforcement of the provisions of the Acts of Trade, but also
availed themselves where possible of the Common Law Courts
of the colonies, as their colleagues in England were accustomed
to do.
The utilisation of English practices and precedents as models
for the carrying-on of government in the colonies in the judicial
field is shown in the foregoing case, but in the general consti-
tutional sphere it is better illustrated in the remarks of the
Board of Trade on one of the constantly recurrent disputes
caused by Wavell Smith, the contentious Secretary of the
Leeward Islands, to which frequent reference has been made
in the Introductions to earlier volumes of the Calendar.
' We have considered the papers you sent to us relating to
Constitu- Mr. Wavell Smith's case " wrote the Board, " whereupon we
tional
theories. must observe to you that it certainly was in all times the
intention of the Crown that the constitution of the several
Colonies abroad, immediately under H.M. Government, should
resemble as much as might be the constitution of the Mother
Country, to whose laws and customs the said Colonies are
directed to conform themselves, as far as they may be applicable
to their circumstances. For this reason, the Charter, Patent
and Instructions from the Crown have established the Legis-
lature of the Colonies upon the British model ; the Governor
representing the King, the Council the House of Lords, and the
Assembly the House of Commons ; that every legislative act
of theirs, like those of Great Britain, might pass a threefold
approbation, and that each branch of their legislature subsisting
upon an independent and distinct footing might be reciprocally
checks upon the other two. . . . The King's Councillors in
the Colonies have a double capacity ; they are not only a branch
of the Legislature, but are likewise as the King's Privy Council
entitled to a considerable show in the administration and
execution of the laws there." The Assembly had summoned
Wavell Smith to appear before them, and, when he refused,
they demanded that the Governor should suspend him. But
to suspend a Councillor at the request of the Assembly for not
complying with an order of their Committee not communicated
to the Council would throw too much power into the balance
INTRODUCTION.
xxi
Appropria-
tion of
money in
Massachu-
setts.
of the Assembly and destroy that independence which each
branch of the Legislature ought to be possessed of. The
Secretary of a Colony, being a Councillor, could not regularly
attend the Lower House without permission for that purpose
from the Council in their legislative capacity. To complain
of the Secretary for not attending without such previous order
would be in direct terms to assume a power over the upper
branch of the Legislature in all cases where the Members of the
Council Board happened to be, (as they frequently must be),
Officers and servants of the Crown in another capacity. By
the Governor's Instructions the privileges of the Assembly
were not to exceed those of the House of Commons but, remarked
the Board, " the Law of Parliament in England is properly the
usage of Parliament, and perhaps what has usually been done
by [colonial] Assemblies may have by that usage acquired a
sanction in matters not directly repugnant to the authority
and prerogative of the Crown." (500). The proceedings in
the Colonial Councils and Assemblies are not calendared in
detail from the documents and there are only incidental mentions
of their debates, but some passages are a reminder that they
might form a useful basis of comparison for those interested
in parliamentary procedure and in the methods of control
attempted by the legislative over the executive during the
period of representative government.
The vexed questions of finance in Massachusetts led to the
issue of a new Instruction to the Lieutenant-Governor which
was intended to assimilate the practice of the Assembly in that
colony to that of the House of Commons in relation to the
raising and appropriation of money. In order to relieve them-
selves of the necessity of securing the sanction of the Governor
or the Council, the Assembly had adopted the practice of pro-
viding money and supplying the current service of the year
by a vote or resolve instead of an Act of Assembly. By that
means the Assembly kept in their own hands the power of
determining what accounts were to be paid and what not, even
after the services had been performed. This practice clearly
thrust out the Governor from all connections with finance, and
the additional Instruction therefore peremptorily set forth the
xxii COLONIAL PAPERS.
proper practice to be followed. No money was to be raised
or bills of credit issued in the Province but by Act of Assembly,
in which Act one or more clauses of appropriation were to be
inserted to govern the general use of such moneys. The
detailed issuing of all moneys so raised or of bills of credit was
to be left to the Governor with the advice and consent of the
Council acting in its executive capacity. To the Assembly,
however, was left the power of inquiry as to the application
of such moneys and of calling for accounts. (1). The struggle
of the Massachusetts Assembly to gather all power into its own
hands to the exclusion of the Governor was designedly leading
away from the traditional lines of parliamentary government
that had been hammered out in England, and in disputes of
this kind we can trace the origins of many of those differences
in practice and procedure which are to be found between
American and British legislatures to-day.
That English practice in regard to finance had by this period
Offi f!" 1 acquired set and definite conventions is illustrated by certain
punctilio. J
letters passing between the Board of Trade and the Com-
missioners of Customs. An Act had been passed by Virginia
for amending the staple of tobacco and preventing frauds on
H.M. Customs ; in due course this Act came to the Board of
Trade for allowance, but before taking it into consideration
they forwarded it to the Commissioners of Customs for their
opinion (538, 19 Nov. 1730). A fortnight later the Com-
missioners returned the Act with the remark that they desired
to be excused giving their opinion upon Acts of Assembly unless
they were commanded by the King in Council or the Lords of
the Treasury (577, 1 Dec. 1730). The Board of Trade protested
against this punctilio and pointed out that there were many
instances in the books of each Office where similar requests had
been complied with, giving examples. (580). The Customs
Commissioners did not persist in their refusal, but on Dec. 9
explained that while they were always ready to receive com-
munications relating to any matters passing in the Plantations
that might in any way affect the revenue under their manage-
ment, they did not wish to give any opinion as to matters of
trade unless commanded by H.M. in Council or the Treasury.
INTRODUCTION.
xxi 11
Dispute
between the
Admiralty
and the
Board of
Trade.
Greenwich
Hospital.
However, in this case they promised to give their opinion if
the Act were returned to them (591, 9 Dec. 1730, 592), and
accordingly three weeks later, they sent back their considered
report that the Act would be a prejudice to the revenue for
reasons that they set out fully, (635, 29 Dec. 1730), although
they do not appear to have received in the interim any order
on the matter from the Treasury. The reasons governing their
withdrawal from their previous refusal do not appear.
A somewhat similar case of conflict of views between Govern-
ment offices arose concerning the powers of colonial Governors
in matters of Admiralty. The question of the power of
Governors under their commissions to grant commissions to
privateers had long given rise to dispute between the Lords
Commissioners of the Admiralty and the Board of Trade. (See
e.g. CaL St. Pap. Col., 1701, Nos. 552 i, 629 i, 682, 682 i). When
Jonathan Belcher, newly appointed as Governor of Massachu-
setts, requested permission to fly his own flag "when he was upon
the water in his own barge within his Government, the Admiralty
harked back to the larger question, despite the protest of the
Board of Trade that that had already been decided (48). They
would not give an opinion in regard to the minor matter of
the flying of a Governor's flag, but instead energetically set
forth their claim that by the Admiralty patents they were
fully invested with the sole power of Admiralty not only in
Great Britain, but in H.M. Foreign Colonies and Plantations
also, so that no Governor abroad could grant commissions to
the masters of ships without directly interfering with the
authority granted to them by the Crown. (73, 75). The
Board read this letter and forwarded the appropriate extracts
from Governor Belcher's commission and instructions relating
to the granting of commissions to privateers as desired (75), but
the matter was not pursued further by the Admiralty, and
apparently Belcher was allowed to fly his flag as he wished.
In November 1729 the Board of Trade were instructed by
Order in Council to prepare additional Instructions for all H.M.
Governors to assist the collectors of 6d. per month from seamen's
wages for the Royal Hospital at Greenwich pursuant to the
Act of Parliament (see CaL St. Pap. Col., 1728-9, no. 982), and
XXIV
COLONIAL PAPERS.
The whale
fishery.
licclesias-
tical
jurisdiction.
accordingly the Board devoted some attention to the matter
early in 1730. (24, 25). The drafts of the Instructions were
approved in January 17f ;!, but it was not until June that they
were prepared and despatched, and this is worthy of mention
as illustrating the great delay of business even in a simple
matter where no controversy was involved. (Journal, pp. 76,
77, 83, 121).
The preparation of additional instructions was never long
absent from the work of the Board, and the growth of the bulk
and complexity of the instructions was continually being added
to. What would nowadays be regarded as only a matter upon
which directions might be given to the Governors in the course
of their regular correspondence was often made the subject of
a solemn additional instruction. Thus, the ministry were
anxious to encourage the growth of the British whale fishery
and representations were made to them by the promoters of the
industry that obstacles to its progress were interposed by the
practice of certain colonial Governors. To prevent this a
circular containing an additional instruction was prepared and
sent to all the colonies even though there might be no chance
of a whale fishery upon their shores. ' Whereas for some years
past the Governors of some of our Plantations have seized and
appropriated to their own use the produce of whales of several
kinds, taken upon those coasts, upon pretence that whales are
royal fishes, which tends greatly to discourage this branch of
Fishery in Our Plantations and prevent persons from settling
there : It is therefore Our will and pleasure that you do not
for the future pretend to any such claim." (51 i.) The style of
the prohibition seems unduly ponderous to the size of the
revenue involved, for even in the colony Bermuda, where whale
fishing was an important industry, the profits to the Governor
from his "royal fishes" only amounted to less than 100Z., and
this colony was the only one excepted from the circular letter
(51, 72, 94, 108, etc.).
A similar circular letter conveying an Instruction to the
Governors of the Colonies and Plantations was prepared during
the year. On 29 April 1728 a commission under the Great Seal
had been granted to the Bishop of London authorising him
INTRODUCTION.
XXV
Fines for
offences
in the
colonies.
to exercise ecclesiastical jurisdiction in the colonies and
plantations in America. (20 i). The Governors of all colonies,
except proprietary, and governments were now instructed to
support the Bishop's Commissaries in the exercise of such
jurisdiction (20, 120 ii ; p. 60 Massachusetts ; 185, 204). Copies
of the Commission were printed and despatched to the colonies
and orders were given that it was forthwith to be registered in
the public records of each colony. (120 ii).
As in previous years, the question of the circulation of paper
money in the colonies demanded constant attention and gave
rise to incessant difficulty (e.g. 37, 47, 50, 83, 97, 113, 331 i),
but the matter is too complex to be summarised. An incidental
question arose upon which the opinion of the legal adviser to
the Board of Trade was sought. This was whether fines
imposed by English Acts of Parliament for offences committed
in the Plantations and to be recovered there were to be paid
in sterling money, Proclamation money, or in the currency of
the Province where the fine was to be recoverable. Mr. Fane
replied that such fines were to be levied in sterling money or
the value thereof. (506, 508). This matter arose in connection
with the incessant difficulties that Colonel Dunbar had to cope
with in the enforcement of the Act of Parliament concerning
naval stores, to which reference is made later. The actual
difficulty upon which Dunbar asked for explanation was not
upon fines imposed under this Act but in regard to certain
malicious rumours that were circulated in Massachusetts.
Upon the arrival in Boston of certain ships from London some
malcontents " gave out for news that the King and Queen
were poisoned and that England was in arms divided for the
Prince and Duke " [i.e. the Pretenders]. Late at night many
families were waked and alarmed with this, and the Attorney-
General had the parties circulating the rumours bound over,
and was resolved to prosecute them, although he feared that the
punishment would not be corporal or exceeding 20s. fine. It
was in giving his account of this that Dunbar mentioned that
all fines imposed in the colony even under English Acts of
Parliament were construed to be in colonial currency, which was
not worth more than one-third of sterling, but even then the
xxvi COLONIAL PAPERS.
convicted offenders would not pay them, but would only go
to gaol for a little time. (p. 120).
In the Introductions to preceding volumes reference has been
^ in't he' * ma de to the difficulties of Governors in supplying the insatiable
records, demands of the authorities in London for papers. A letter
from Lt. Gen. Mathew in the Leeward Islands shows how
impossible it was to keep up continuous series of the records of
each branch of the colonial administration without a break.
Those whose duty it was to prepare the transcripts complained
that they were often called upon to repeat the transcript of
documents that had already been forwarded, although they
found it difficult to obtain payment for these voluminous
repeated transcripts. Thus, while Lord Londonderry was
Governor of the Leeward Islands, the Board of Trade wrote to
him to demand certain missing transcripts of returns and records
concerning the colonies during the Governorship of his pre-
decessor Colonel Hart.
Mathew did not receive this order from Lord Londonderry's
executors till three months after his death, and, when he strove
to comply with it, he found that many of the papers demanded
had already been forwarded during Colonel Hart's time, but
had apparently never reached the Board. Although he
threatened the officers with suspension or removal from office
and peremptorily demanded fresh transcripts, Mathew com-
plained that he could not secure their obedience and begged
to be excused by the Board. (109, 500). Indications such
as these show that it is impossible to expect to find among the
extant papers complete series of the various returns that
nominally had to be supplied from every colony. If they had
been sent according to the elaborate system that was ostensibly
in force, they would provide exhaustive statistical evidence for
every branch of colonial life such as it would be hard to parallel
elsewhere. But there are many gaps in the series, and they
cannot be attributed to the failure of the officers of the Board
Elaboration o f Trade to preserve the papers that came to their hands.
of the
paper The deficiencies are indicative of the utter impossibility of
keeping up such a regular flow of papers as was ostensibly
provided for. Even if the statistical data were accurately and
INTRODUCTION. xxvii
punctually collected, which was very uncertain, the copying
of them in duplicate to guard against the accidents of trans-
mission by a long sea-voyage was very difficult in small tropical
colonies. The system was undoubtedly too elaborate to be
worked satisfactorily, and it is well that historians should take
these facts into account in their studies. For the larger Con-
tinental colonies the series of papers are more complete in many
ways than they are for the small West Indian governments,
but even there the Board of Trade had constant difficulties in
this matter. In April 1730 the Board reproved Governor
Montgomerie of New Jersey for his remissness in correspondence.
They complained that they had not heard from him since the
previous November, and they peremptorily required him to
send frequent reports, the public papers constantly and full
answers to their circular queries (189), but it is to be doubted
whether their reproof had much effect.
The Board itself was under constant pressure to supply
Pariia- papers and returns, and their Secretary had to make excuses
inentary
demands for for inability to supply everything that was demanded. In
April 1730, for example, an order was received from the House
of Lords for a return of the establishment of Governors and
Governments in the colonies, and the reply of the Board gives
an indication of the defects of their records in certain respects.
The receipts and payments of money either for the Governors
or any of H.M. Officers in the Plantations did not pass through
the office of the Board (p. 75), and as it was impracticable for
the officials to supply the accounts of such expenditure ever
since the foundation of the various colonies as was required,
the Board went on to explain the imperfections of the colonial
records in other respects. " As most of the British colonies in
America were originally settled by private adventurers at their
own expense, except that of Jamaica, and are by degrees grown
up to be what they now are, so we have but very imperfect
accounts of them till they came to be considerable enough to
be taken under the immediate care and protection of the Crown,
and such of them as are still Proprietary or Charter Govern-
ments, we are but little informed of, even at this time, because
they keep little correspondence with this Office." (p. 75).
xxviii COLONIAL PAPERS.
This statement is confirmed by the Board in relation to Con-
necticut, about certain of whose laws a Committee of the Privy
Council had asked for information (171). " The people of
Connecticut" wrote the Board "have hitherto affected so entire
information an independency on the Crown of Great Britain that they have
from certain no t f or many years transmitted any of their laws for H.M.
colonies.
consideration, nor any accounts of their public transactions.
Their Governors, whom they have a right to choose by their
Charter, ought always to be approved by the King, but no
presentation is ever made by them for that purpose. Though
required by law to give bond to observe the Laws of Trade and
Navigation, they never comply therewith, so that we have
reason to believe they do carry on illegal commerce with
impunity, and in general we seldom or never hear from them,
except when they stand in need of the countenance, the pro-
tection or assistance of the Crown." (638). The absence or
paucity of papers among the English records from certain
colonies was remarked upon in an earlier Introduction, but here
it is set out in explicit terms. Clearly, while the greater fishes
like Massachusetts were caught with a great deal of noise and
contention, Connecticut was a minnow that could slip through
the meshes of the governmental net to go her own way
unobtrusively but very successfully.
Before leaving the subject of the completeness of the colonial
records, we may notice two lesser points of interest that are
mentioned incidentally in these papers. In reply to an enquiry
from the Board of Trade for papers of Sir Thomas Warner, first
Warnerf 8 Governor of the Caribbee Islands for the Earl of Carlisle, which
Governor of were probably required for evidence as to the validity of the
Caribbees. English claims to the " Neutral Islands," Colonel Edward
Warner wrote " I am entirely a stranger to all the transactions
that were in my great grandfather, Sir Thomas Warner's, life-
time in the West Indies, none of his papers having ever fallen
into my hands." (212). From Virginia Lt. Governor Gooch
forwarded a printed copy of the laws that had recently
been passed in the colony in place of the usual manuscript
transcript. He offered it as a specimen of the product of the
Virginia Press and stated that the whole body of the Laws of
INTRODUCTION.
XXIX
of Trade.
the Colony was to be printed for the public service, possibly
the earliest project for the publication of a collection of the
Statutes in any colony. (434).
The increasing demands upon the Board of Trade for papers
the'staff of aiK * re P orts an d especially the requirements of both Houses of
the Board Parliament for papers placed so great a burden upon their
staff that it would not be carried without further assistance.
Application was therefore made to the Treasury, and the Board
wrote : " The business of this Office [has been] very much
increased of late by the frequent demands that have been made
in Parliament for papers relating to the trade and plantations
of Great Britain, and it being still likely to be further augmented
by the correspondence with H.M. Commissaries appointed to
treat with those of Spain concerning the matters referred to
them by the Treaty of Seville, we shall stand in need of more
assistance than the ordinary establishment of our Office will
admit of. For we have no Solicitor, though such a person is
frequently wanted, and our secretaries are so fully employed
by the common business of the Office that they have not time
for the drawing of reports. [We desire] that your Lordships
would impower us to appoint an additional Officer with the
title of Solicitor and Clerk of the Report . . with a salary of
200/. per annum." (385).
The Treasury Commissioners at once consented to this
request, and thenceforward the establishment of the Office of
the Board of Trade was increased. (388).
H.
THE AMERICAN COLONIES.
The establishment of a permanent resident population in
Newfound- Newfoundland was at last accepted as inevitable, and although
the system of controlling the affairs of the island and the
fisheries by two naval commodores, who were only on the
station in the summer, was maintained, some provision was
made at last for government in the island during the winter.
The justices of the peace who were appointed by the commodores
xxx COLONIAL PAPERS.
(14 Oct. 1729) were universally recognised to have power to
take action in criminal cases, but great doubts arose as to how
far their powers extended, and a series of questions was sub-
mitted to the Attorney General for his report upon the legal
position. (181).
According to the ancient traditional practice, while the fishing
fleets were in the harbours, the command of all matters lay in
the hands of the first-arrived shipmaster or " admiral." When
he departed at the end of the summer, control passed into the
hands of the newly-appointed justices. Had these justices
power to levy taxes upon the inhabitants for the erection of
gaols, repairing of churches and other public works ? At first
they had attempted under their new commissions to levy dues
upon fish and fishing boats, but the Attorney-General gave his
ruling that this could not be done, because by Act of Parliament
of ancient date, the fishing was declared free. Only such
taxes could be raised by the justices as those for which power
was given to Justices of the Peace in England by particular Acts
of Parliament. In the Attorney-General's view no power of
imposing taxes in general could be granted without the consent
of some assembly of the people. As no such assembly had
ever been called in Newfoundland, the government there could
not be fully possessed of the powers needed, as in an ordinary
colony. (164, 165, 179-81, 193, 196). The justices were
properly charged with the duty of dealing with criminal matters,
but they could not secure offenders unless they had a gaol in
which to confine them. As a matter of urgency, Governor
Osbornc had authorised the erection of such a gaol, but he feared
prosecution in England for having exceeded his powers, and
he must have welcomed the opinion of the legal adviser that,
as he had proceeded according to an Act of Parliament of
William III, he had no such prosecution to fear. (231, 232, 233).
The whole case and the cautious and tentative way in which
the first steps were taken towards the establishment of popular
government leave an impression of scrupulous care for legal
rights and liberties which differs widely from the dogmatic
tyranny over colonial feelings and interests with which the
British Government has sometimes been charged.
INTRODUCTION.
XXXI
Tyranny
of the
fishing
merchants.
The Admiralty informed the Board of Trade in April of the
approaching departure of Lord Vere Beauclerk and Captain
Osborne for Newfoundland and Captain Watson for Canso and
asked for the usual Heads of Enquiry that were to be given to
those commanders (150). But since Osborne had been
granted a commission as Governor of Newfoundland and Lord
Vere Beauclerk had received full Instructions, it seemed un-
necessary to present them with Heads of Enquiry, and thus a
change of practice was introduced. (202). The commission
and instructions remained in force, since the same commanders
had been appointed for a second year.
But it was one thing to make dispositions on paper as to what
was to be done, and quite another thing to see them carried out.
The fishing admirals who had made very little use of their
powers under the ancient Fishing Act, now became very jealous
of the threatened infringements of the new justices of the peace,
while the magistrates themselves feared unpopularity with
the people and could not be persuaded to use their powers to
.the full. (422, 454, 456). The picture painted by the com-
modores of the greed and tyranny of the fishing merchants is a
very distressing one, and the many petitions that were presented
to the Naval Governor and by him passed on to the Crown
illustrate the oppression and profiteering that was going on at
the expense of the labourers. (422 and enclosures). Much of
these abuses arose from the fact that the servants were helpless
Irishmen who had been recruited by the fishing merchants of
the ports in the West of England without clearly understanding
the bargains to which they were committing themselves.
Instead of carrying them back to Ireland at the end of the season
as promised and paying their wages, unscrupulous masters
found means of raising some disputes just when the ships were
about to sail and abandoning their servants to stay behind in
Newfoundland for the winter and fend for themselves as best
they could. (See petitions enclosed in 422 iv). Thus a help-
less and shiftless population of Irishmen gradually grew up
in Newfoundland that was living barely above the margin of
subsistence and was an easy prey for the smugglers and tavern
keepers who made their profits by the illicit importation of
xxxii COLONIAL PAPERS.
liquor for sale to the fishing fleets. There was little serious
attempt at agriculture or the development of the interior of
the island. Fish, and fish alone, remained the sole concern,
and it was therefore impossible to convert this maritime slum
into a prosperous colony of the ordinary pattern, as many of
the authorities aspired to do.
A single instance will illustrate the primitive conditions
prevailing. One John Perriman, while drinking with Walter
Nevill, entered into dispute with him over money said to be
owing, and called him " maz'd toad." Nevill showed fight and
Perriman then killed him by knocking him against the side
of the chimney. He was seized and a verdict of " Murder "
was brought in against him by a coroner's jury, but then he
had to be sent by the justice of the peace together with the
witnesses to stand his trial in England. The commanders of
ships bound home would not take them on board unless their
passages were immediately paid, and then only with utmost
reluctance. The poor inhabitants would mostly pay their
proportion towards these costs as well as most of the by-boat
keepers, but the commanders of fishing ships and the traders
were so averse to all government that they opposed it with all
their might, and the committing justice was then left to pay
the cost out of his own pocket. (503 and enclosures).
Governor Philipps, of Nova Scotia, when he took over his
Nova duties again from the Lieutenant Governors in command of
Scotia.
the individual garrisons, busied himself especially with two
questions, the persuading of the French to take the oath of
allegiance to King George II, and the obtaining of fresh in-
habitants to take up lands in the province.
In the region round Annapolis he had fair success in persuading
the French to take the oath (3), and did so because he permitted
their pastor, M. de Breslay, who had been a fugitive in the
woods for some fourteen months, to come in and resume his
ministrations. (3 ii). The Home Government, however, did
not attach much faith to their allegiance and still had in mind
the project of removing them all. (248). The Board of Trade
wrote to Governor Philipps telling him that the French words
INTRODUCTION. xxxiii
of the oath that he had translated direct from the English were
ambiguous in meaning, and the French Jesuits might explain
this ambiguity so as to convince the people upon occasion that
they were not under any obligation to be faithful to the King.
Secretary Popple entered into an elaborate grammatical
argument to explain the point, which depended on a dative
case. (248). Governor Philipps replied contesting Popple's
grammar and supporting the accuracy of his own translation,
but he added " Whenever the French Jesuits go about to explain
away the allegiance of these people, they will make use of an
argument more suitable to their principles that no oath is
binding on a Papist to obey what they call a heretic Prince."
(562).
The work of securing their allegiance became daily more
necessary because of the great increase of those people, who were
a formidable body and like Noah's progeny spreading themselves
over the whole face of the Province. So long as England and
France were in union, the peace of Nova Scotia was settled
with a prospect of continuance, but to secure it in all events,
required further precautions, for it was certain that all the safety
of the province depended on that union. When that ceased,
the country would become an easy prey to the French, and
Fear of Canso, which was the envy and rival of Cape Breton in the
!> fishery, would be the first object of attack and could not fail
to fall, since it was only six or seven hours march from the
French headquarters, (p. 252). In the face of such serious
and obviously well-founded fears like these, the Government
were bound to do what they could to promote Protestant
emigration into the province, though all their efforts were
unsuccessful. It was hard to account for the cause, though
some suggested that there was unlikely to be any English
immigration until the settlers were granted an Assembly.
What appears clear to later observers is that there was no great
reservoir of population in England from which emigrants could
be poured out in any direction thought advisable. We never
seem to read in these papers of English emigrants, though there
are frequent mentions of Irish, Scots Irish and Scots. To
supply the population needed, therefore, the Government were
Wt. 527 C.P. XXXVII Q
XXXIV
COLONIAL PAPERS.
Palatines.
constantly in negotiation with the promoters of Palatine
emigration.
The principal of the promoters at this period was one Daniel
a lnd the Ze Hintze (151, 302), who made a bargain with the Board of Trade
to introduce into Nova Scotia Protestant families, who had
been subject to the Landgrave of Darmstadt or to the Elector
Palatine, to be settled on free lands granted to them. But Hintze
proved very shifty in his promises and able to accomplish neither
his bargain of emigrants for Nova Scotia, (330, 337, 356, 438,
476, 583) nor for South Carolina for which he was also con-
tracting (77). The Palatines seem to have preferred to go to
Pennsylvania, though they met with atrocious treatment on
the way. Thus in August 1730 some 230 Palatines from
Amsterdam bound by their contract to Philadelphia were
landed instead in Boston. The ship was grossly overcrowded
and suffered from lack of water which caused several deaths,
but the master claimed that the passengers had forced him into
Boston and by his threats of prosecution compelled them to give
up the written contracts they had for their transportation to
Philadelphia, where many of their friends had preceded them.
The poor people were landed and exposed for sale like negroes
and purchased by a company of proprietors to be planted in
the pine swamps of the Kennebec. " God help them," wrote
Daniel Dunbar, who reported the case to the Board of Trade,
" they have a poor chance for justice, for as a considerable
merchant who was chosen by a Piscatua man for a referee
against one of Boston, said a Piscatua man had no more chance
of justice here than an Old England man, so partial are those
people, even in their carriage and manners." (p. 241).
The vexatious actions of the people of Massachusetts in their
disputes with their neighbours of New Hampshire have been
mentioned in an earlier Introduction and especially the hard
case of the Scots Irish at Londonderry, whose rights were
threatened by the people of Haverhill. Further petitions from
these settlers and their appeals to be granted lands in Nova
Scotia are abstracted here. (211, i-iv).
The fate of these settlers was bound up with the new attempts
to encourage the production of naval stores in North America
Massachu-
setts.
David
Dunbar.
INTRODUCTION. xxxv
with which the House of Lords was specially interested. A
memorandum giving a full history of what had been done was
prepared for them by the Board of Trade. (154). By far the
most frequent correspondent of the Board, whose papers are
abstracted in the present volume, was Colonel David Dunbar,
who had been appointed to stop the waste of the King's woods
in North America and was also interested in the colonisation
of the mainland portion of Nova Scotia which lay to the north
and east of Maine. There he purposed with the approval of
the Board of Trade to establish groups of new settlers, and
erected a stockaded fort, Fort Frederick, for defence against
the neighbouring Indians. The project was bitterly opposed
by the Massachusetts Assembly, and Dunbar suffered a very
serious disappointment, for the Home Government refused to
accept his plans for the setting up of a government of the
The Province of Georgia, as he proposed. The Board of Trade
Province
of ' Georgia.' despatched a severe reproof to him for his failure to comply
literally with the various Instructions that had been given
him for the carrying-out of the Act of Parliament for the pre-
servation of the American woods, and they went on " They do
not approve of your having named the country which you are
directed to settle, the " Province of Georgia," because it is
part of and under the Government of Nova Scotia, and being
called a Province, it may be thought distinct and not under
any government. [They] therefore think that it should be
named George County in Nova Scotia ; and they think it proper
to give your new settlements English names with English
terminations, for which reason you will change the name of
Fredericksburg to Frederick Town or Fort." (215).
This project for the settlement of " Georgia " between Nova
Scotia and Maine is reminiscent of that of Captain Thomas
Coram in the same region, which was referred to in the Preface
to the volume of the Calendar for 1716-17 (Col. St. Pap. Col.
1716-17, p. xviii), though there was no direct connection be-
tween the projects. The real succession of Coram's scheme was
in the enterprise in which he joined with Oglethorpe to found
a Georgia to the south of Carolina, and which is mentioned
later,
XXXVI
COLONIAL PAPERS.
But, whatever names were used, Dunbar could not get on
with the new settlement. The Massachusetts men were always
complaining that he was interfering with their rights in Maine,
and old land companies produced claims that dated back for a
century to the days even before the French had come into the
continental part of Nova Scotia. The story of the " Province
of Georgia " is thus one of unredeemed failure. (See e.g. 79,
137, p. 83, 175, 197, p. 239, 243, 254, 430, 563 i, 578, 593).
Dunbar's defence led to letters of extraordinary length with
which he bombarded the Board of Trade. He made his head-
quarters in Boston and there he became involved in incessant
disputes with the new Governor, Jonathan Belcher, and with the
litigious Doctor Cook and the Assembly. Constant reports on
the misdoings of the Massachusetts men were poured upon the
Duke of Newcastle and the Board of Trade, which it is impossible
to analyse here by reason both of their length and of the com-
plexity of the matters in dispute. There can be no doubt that
Dunbar was strongly biassed against everything the Massachu-
setts men did, but despite his utter lack of tact he was a very
shrewd observer of all that went on, and his letters form an
essential source for the history of New England at the time.
The death of Governor Burnet at the climax of his struggle
with the Massachusetts Assembly had left his family without
resources, for Burnet had not, as Governor of New York, yet
succeeded in paying off the debts in which he had become
involved while lie was a Commissioner of Customs. If he had
been allowed to remain in New York, he would have accom-
plished this, but when he was transferred to Boston for the
public good, this chance was missed and his family appealed
to the benevolence of the Crown for relief (641). Burnet had
been appointed to Massachusetts to try what firmness would
do to bring the recalcitrant Assembly to obedience, but, when
that policy failed, the opposite direction was taken and a
Governor was chosen from the ranks of the leading men in
Jonathan Massachusetts itself (December 1729). This was Jonathan
as Governor. Belcher who was appointed Governor both of Massachusetts
and New Hampshire. Long consideration was given to the
preparation of the Governor's Instructions, and it was not until
Governo
Burnet .
INTRODUCTION.
XXXVll
Conduct of
elections.
The
Governor's
salary.
the end of March that the draft was agreed upon and forwarded
to the Secretary of State for acceptance (Journal, p. 102).
An Order-in-Council was directed to the Massachusetts Assembly
in May asking them to make good to the late Governor's family
the sums that had been voted for his salary just before his
death (Journal, p. 122), and at last in June Belcher went out
via Madeira to take up his new task. (301). He arrived at
Boston on August 8th (402), and within a very few days disputes
began between him and Dunbar that provide the main topic of
the despatches from Massachusetts for the rest of the year.
The conduct of an election in Massachusetts is described in
one of Dunbar's letters which may be cited as an example of
the narrow and exclusive temper of that colony. " The General
Court met near [Boston] to elect 28 councillors according to
the annual custom, when by a party made beforehand 8 of the
old ones were left out . . . because they stink of the prerogative
and a great number of the electors were for voting them out of
all employments, several of them being Judges of the Courts of
Law. At the late election of members for [Boston] which in
imitation of London sends 4, one Mr. Cradock, an English
merchant and a churchman, set up for one ; the town was much
alarmed at it, crying popery was coming in upon them like a
torrent and they were to be devoured by the scarlet whore,
such is their respect to the Church of England. It is impossible
for any Englishman or Churchman ever to come into their
House of Representatives whilst the elections are managed
as at present. They are made by a town meeting, governed
by a Moderator for that day, from whom there is no appeal.
Doctor Cook was Moderator and also one of the candidates ;
he refused some votes and scrutinised others well qualified,
but passed all who voted against Mr. Cradock. There is no
precedent where an election was controverted in the House,
nor any hopes there for a churchman." (274).
It had been hoped by the Ministry that the appointment of
Belcher, one of their own party, as Governor of Massachusetts
would induce the Assembly to agree to the demands of the
Crown for the proper provision of a Governor's salary. This
hope was not fully justified, but a long step forward was made
xxxviii COLONIAL PAPERS.
towards a compromise. The objection had been that the
Assembly had only provided money to support the Governor
by semi-annual resolves and had refused to make permanent
provision by means of an Act. Now they passed an Act fur-
nishing the Governor with his salary until the next session and
pledging themselves then to pass an Act setting aside money
at the same rate for his support and so annually at the
beginning of every session. (596, 597, 597 i).) This was not
a full compliance with the instruction sent to Belcher, but it
was a step forward and he recommended its acceptance. (596).
In New Hampshire, of which Belcher was also Governor, the
instruction was fully complied with and provision made for the
regular payment of the salary in full. (579). That colony
suffered a severe loss in December by the death of Lieutenant -
Governor John Wentworth, who in contrast to Governor Belcher,
had done his best to assist Dunbar in his attempts to protect the
Crown's woods for the supply of naval stores.
There is little of interest concerning New York during the
New York, period. Colonel Montgomerie, the Governor who had suc-
ceeded the very efficient Burnet, was not a good correspondent,
and on occasion the Board of Trade had to complain that they
had been without news from him for some months. The
Attorney-General for the colony had been complaining
grievously since 1728 that his salary which had been charged
upon the sums derived by the Crown from the quit-rents in
the colony, had been stopped since 1724. (95, enclosures i-ix).
The Governor and Council supported him against the Assembly
with whom he was in dispute, and at length the Board of Trade
gave a decision in his favour and forwarded their report to the
Duke of Newcastle, not only upon grounds of right but also
of public policy. " It hath always been esteemed good policy,"
wrote the Board, " that the officers of the Crown in the American
colonies should be maintained and supported in a reasonable
degree that the people may by their means be restrained and
kept in due obedience to the King, and in a just and requisite
subordination and dependence on their Mother Country. . . It
is the immediate duty of your Attorney General to see that the
laws of Trade and Navigation be duly put in execution, and he
INTRODUCTION.
XXXIX
Divergence
of interests
in the
colony.
The Indian
trade.
is obliged to prosecute or defend in all cases and suits where
either the dignity, authority or interest of the Crown are in
any manner concerned." The Board therefore recommended
that the salary of the Attorney-General should be paid out of
the civil list or quit-rents and he should not be left dependent
upon the caprice of the Assembly's annual votes. (539 i, 629).
The Lower Countries of New York and those further up the
Hudson round Albany did not see eye to eye on policy, for
whereas the colonists near tide-water were mainly employed
with shipping like those in New England, the up-country men
were deeply concerned in relations with the Indians and
especially the Six Nations. When it came to raising funds for
the support of a garrison in the Indian country, the Lower
Countries who had a majority in the Assembly, proposed to
raise the money by a tax of twenty shillings upon every person
trading with the Indians and three shillings a head for everyone
who wore a wig. But the Governor had to point out to them
that any additional impost on the trade would drive it into the
hands of the French from Canada, who were already such
powerful competitors. It was essential to maintain the fort
at Oswego on which our control of the trade depended, and he
therefore strove to raise the necessary amount by a levy on
land throughout the province. However, though they gave
way on the impost, the Assembly would not abandon their tax
on wigs, and thenceforward the Oswego garrison, the great
protection against the French Canadians, was largely dependent
on the fashion of dressing men's hair. (622). The rivalry of
the French for the trade of the Six Nations was unceasing, and
Oswego was of extreme importance as a trading house and a
screen for the Indians from designing machinations of the French
in time of peace. The Six Nations must be kept in good relation,
for they were a barrier betweem Canada and all the colonies
from New York to Virginia, (p. 400). That the French had
a just sense of the importance of the Indians was evident from
the great expense they afforded, keeping emissaries among
them, making presents to the principal men, inviting, enter-
taining and caressing them when they went to Canada and using
all possible arts to ingratiate themselves, to magnify their own
xl COLONIAL PAPERS.
power and to depreciate that of the English. (622, p. 400 ;
see also p. 218 for the routes used by the French). There was
no doubt that the trade and power of Canada among the Indians
was much greater than they had been some years before, and
the Minutes of the various meetings between H. M. Com-
missioners and the representatives of the Indians who came to
Albany (622, i, ii) are of considerable interest as evidence of the
mounting rivalry that was to be of such paramount importance
twenty years later.
Besides New York the only colony having a comparable
Virginia interest in border Indian affairs was Virginia, and the Governors
and the
Indians. of the two kept up a fairly close correspondence as to what was
going on along the frontier. Thus in the summer of 1729 the
Cattabaws (or Cuttabas), a tribe within the purview of Vir-
ginia, had taken prisoners in hostilities against the Six Nations,
and at the request of the Governor of New York, Lieutenant -
Governor Gooch of Virginia endeavoured to secure their restitu-
tion to their tribes. He strove to effect this service for our
allies, but his task was rendered the more difficult by the
nomadic habits of the tribes, who removed themselves some 400
miles from their former hunting grounds and became merged
with other tribes so that it was no longer possible to identify
them. (8, p. 6).
From Gooch's answers to the circular of enquiries sent to all
the colonies we learn the interesting fact that the Indians
actually in occupied Virginian territory were reduced to a very
small number and consisted of nothing but a few fragments of
tribes numbering but about ten families each. (pp. 217-8).
There were no near Indian neighbours to the colony but the
Cattabaws (Cuttabas) and Cherokees on the Carolina border
and the Five (or Six) Nations to the north, both of whom were
at least 400 miles away. (p. 218). The boundary of mountains
between the colony and the interior was as yet little visited or
explored, so that there was still a buffer of virgin territory
between the English and the French in the middle colonies.
The negotiations with the southern Indians were carried on
by Sir Alexander Gumming in South Carolina, and an elaborate
treaty was arranged with the Cherokees. (417).
INTRODUCTION.
xli
Census
methods.
The
Tobacco
trade.
Dangers of
transporta-
tion.
The Georgia
scheme.
The method of carrying out a census in Virginia is described
in the same report of Governor Gooch. The rule for computing
the number of inhabitants was by the list of tithables on whom
the public tobacco taxes were laid. They were all the white
male persons above sixteen years of age and all blacks, male
and female, above the same age. Of these there were about
51,000, of whom 30,000 might be reckoned blacks. Women and
children were reckoned as treble these numbers. The in-
habitants had greatly increased since 1720, as was evidenced
by the fact that the number of tithables had gone up by at
least 12,000. (pp. 216-7).
The attempts to improve the condition of the tobacco trade
in Virginia by the introduction of new measures to control
the quality of the product, which began in 1729, were noticed
in our previous volume. Elaborate despatches from Lt. Gov.
Gooch are here abstracted, which give a detailed survey of the
staple trade of the colony at this period and have a close bearing
upon the methods by which colonial trade was financed from
England. (264, 289 and especially 348, pp. 202-207). Only
a close, technical study of such despatches can give a compre-
hensive view of the complicated working of the Acts of Trade
in practice in a colony wherein it was generally admitted that
their provisions and restrictions were beneficial.
An incidental mention of the dangers to a colony from the
system of convict transportation may be noted. A special
Act had to be passed by the Legislature of Virginia to puuish
felonious burning of tobacco houses and robbers of stores,
" practices now become very frequent and encouraged by
allowing the benefit of clergy to such criminals, especially since
so many transported convicts are come among us, who make
light of the punishment the law in that case inflicts." (289 iii).
The mention of transportation leads on naturally to the
project of General Oglethorpe and Thomas Coram for the relief
of London and other cities from their vagabonds and destitute
beggars by their shipment to a new colony to be founded to
the south of Carolina. This was the real Georgia, which will
fill a considerable place in subsequent volumes of the Calendar.
Wt. 527 C.P. XXXVII C-l
xlii COLONIAL PAPERS.
Here we have merely the original petition (546 i) which by
order of a Committee of the Privy Council, dated 23 November
1730, was presented to the Board of Trade on December 3rd
for their consideration and report. (Journal, p. 165). James
Oglethorpe attended the Board to represent the petitioners and
submitted a memorial in favour of their schemes. (586 i).
A fortnight later the Board gave a favourable first report to
the Committee of the Privy Council, subject to certain con-
ditions (619), and so matters stood at the end of the year.
There w r ere still many difficulties remaining in the Carolinas
Carolina. anc j j u ^hc Bahamas connected with the expropriation of the
Lords Proprietors. By Act of Parliament an agreement had
been made with seven of the eight Lords Proprietors of Carolina
for the surrender of their title and interest in that Province to
the King. John, Lord Carteret, would not join in the agree-
ment with his seven co-proprietors, but petitioned that one-
eighth of the soil might be set out by Commissioners and allotted
to him, in which case he was prepared to surrender his share
and interest in the Government of the Province (240 i). The
petition was referred by the Privy Council to the Board of Trade,
(240), and they delivered their opinion that since Carteret's
relinquishment of his rights of government could be secured in
no other way, it was best to accept his offer (253). The
matter, however, gave rise to many difficult questions as to
the way in \vhich lands had been granted by the Lords Pro-
prietors, and these had to be referred to the Law Officers (272,
270, 281 i). Enquiry was made of Lord Carteret as to what
value he set upon his claims (344, 364), but he declined to state
it and persisted in his petition to be allotted one-eighth of the
land ungranted in the Province and one-eighth of the arrears
of the quit-rents. (371, 384). No agreement could be reached
and the matter was still dragging on more than a year later.
(February 1732, Journal, p. 278).
INTRODUCTION. xliii
111.
THE WEST INDIES.
Carteret was just as obstinate in regard to the Bahamas, and
, ^ he although the other five Proprietors offered to surrender their
Bahamas.
remaining rights for 1000 guineas each clear of all expenses,
providing they might reserve all arrears of rent due at the time
of their surrender (168), he again refused to join (p. 269).
The Board nevertheless recommended that the offer of the other
proprietors should be agreed to (p. 280) and that a bill should
be prepared for presentation to Parliament to carry out the
purchase. The matter had not, however, been completed before
the end of the year.
Captain Woodes-Rogers continued his troublous efforts to
bring about order and progress in the Bahamas colony, but the
accounts he gave of it showed what a very poor and wretched
community it was. (482). The representative Assembly was
now at work and observing all the traditional procedure for
the passing of its Acts, but it seems almost ludicrous that such a
weight of constitutional machinery should have been imposed
upon so small and feckless a community as the Governor de-
picted. The people were so shiftless that they would not even
take part in the gathering of salt from their great salt-pans,
which might easily have produced enough to supply all the
American fisheries and the Northern Colonies (p. 314). They
had been so long accustomed to neglect the salt seasons that,
except they were stirred up, little or nothing would be done
but raising a small stock of provisions and waiting in expectation
of wrecks, till they were almost naked.
Woodes Rogers was anxious to attract immigrants for the
development of sugar culture in the Bahamas, and he gives an
interesting side-light on the migratory character of the white
population in the West Indies which shows that the great
surges of people from island to island, which marked the last
half of the seventeenth century, had not yet died away. People
without land wanted to come from St. Christopher's to begin
xliv COLONIAL PAPERS.
sugar works in Cat Island and would bring negroes with them,
and there would, the Governor thought, be a great many people
from Bermuda, St. Christopher's, Barbados and the Virgin
Islands who were on the move. It would be better that they
should be attracted to the Bahamas than to the French and
Dutch Colonies, whither many had already gone. Others had
gone to Carolina and Pennsylvania, and more were going,
especially from Bermuda and the Caribbee Islands, which were
so full of people and had so little land that they could not be
supported there, (p. 315).
Captain Gascoign in H.M.S. Alborough with H.M.S. Happy
was being employed to survey the Bahama Islands, the Bahama
Passage, the coasts of Cuba and Florida and the Windward
Passage, and had finished the drafts of all he had done for the
Admiralty. This provided the navy for the first time with
accurate charts of those dangerous waters, for which they had
previously been dependent upon scanty and unreliable sketch
maps (p. 317). These surveys furnished essential information
when English operations were undertaken against Havana
and St. Augustine and other ports in Florida during the Seven
Years' War.
The Phenney's, of whom so much was heard in previous
Captain volumes of the Calendar, had left the Bahamas, but they were
and Mrs.
Phennoy. still attempting to meddle in the affairs of the colony and cause
disaffection against Governor Woodes Rogers (413). But there
were signs that all was not well with the redoubtable partners
themselves. Mr. Phenney at his departure from the Bahamas
entreated the Governor to keep his wife on the island so that
she should not follow him to Great Britain where he had, he said,
sufficient evidence to prove all that was expected at Doctors'
Commons for a divorce. But in the end he carried his spouse
away with him to Carolina and thence to London, where she
was certain to be as noisy and troublesome as she could, with
him behind her to set her on underhand. (480). Rogers's
expectations were not disappointed, for soon afterwards we
begin to find record in the Journal of many appearances of Capt.
Phenney before the Board of Trade which continued well on
into the following year. However, the precious pair were safely
INTRODUCTION.
xlv
The
Bermudas.
The
Leeward
Islands.
out of Woodes Rogers's way in the islands, and their departure
must have greatly simplified his tasks of government.
The pressure of population on the slender resources of the
Bermudas made those islands a steady source of emigration
to other colonies. Lieutenant Governor Pitt's replies to the
circular queries of the Board of Trade, which were sent out in
1729, enable us to perceive the gradual decay of the Colony and
its enterprises. Only by the maritime activities of its people
were they able to survive. The inhabitants had been decreased
within four years by upwards of 2000, several families having
been obliged to move to other colonies because of the poverty
of the islands, and many blacks had also been transported.
There were in 1729, 5,086 whites and 3,688 blacks in the colony
who lived almost entirely by the sea, the only exports being
a few pineapples, cabbages, oranges and onions. The total
annual revenue of the colony was only 300 from import dues.
45 on tonnage dues and 120 for rent of public lands, out of
which all the charges of government had to be paid. (11 i.)
We have remarked in previous Introductions upon the
ludicrous over-provision of governmental machinery in the little
West Indian islands and the constant scramble for fees to which
this led between rival officials. The Leeward Islands despatches
continued to be filled with accounts of disputes over the claims
and extortionate demands for fees of Wavell Smith, the Secretary
of the Colony. During 1730 he was engaged in a violent contro-
versy with the Assembly of St. Christophers (262, 327, 500) to
which reference has already been made in an earlier part of this
Introduction. After the death of Lord Londonderry, the
Government again fell to the administration of the Lieutenant-
General, William Mathew, in the interim before the arrival of
Lord Forbes, the new Governor. Mathew, who usually resided
in Antigua in accordance with his Instructions (156), was very
assiduous in complying with the demands of the Board of Trade
for statistical information, and there are elaborate papers here
listed in which he supplied details concerning every district
within his Government (236, i-xxxiii), some of which were
duplicated (e.g. 263 iv and xxxiii). To some of the enquiries
of the Board he was unable to give exact answers. Thus he
xlvi
COLONIAL PAPERS.
Trade of
the Sugar
Colonies.
Barbados.
wrote, " I am very much at a loss how to send the latitude and
longitude of every island in this Government, which (the Virgin
Islands included) are a very great many. I want instruments
for that purpose, and am so little used to such observations,
that I could not depend on my own exactness," despite the help
of such artists as were to be found in the islands. (262).
The most interesting of the many papers forwarded by Mathew
is probably a long Memorial prepared by Mr. Duiibar, Surveyor-
General of Customs, on the state of the English sugar colonies
with respect to the trade of the Northern Colonies, Surinam and
the French Islands. (468 i). This important paper gives a
long and carefully argued account of the whole of the maritime
trade of the West Indies with the American Plantations and
Europe at the period, and it is worthy of careful attention, for
it is too long and detailed for summarisation. The picture
painted by Dunbar of the decline of the trade of the British
islands and the success obtained by the French and Dutch
competitors deserves comparison with earlier and later accounts,
for it seems to prove that the decline of the English sugar
colonies was giving very serious concern to the authorities long
before the period after the Peace of Paris when it was universally
recognised as a matter of first-rate importance. Dunbar's
Memorial may appropriately be supplemented by a despatch
from Governor Worsley of Barbados, in which he gave some
account of the trade of the French islands and their competition
in the Plantation trade (315), and a petition from the planters
of Barbados and the traders to the sugar colonies with the
comments of the merchants in the Northern colonies which
were presented to the Privy Council in November 1730 (549 i
and enclosures).
The internal condition of affairs in Barbados was unusually
quiet (141), but taxes were very much in arrear, and Governor
Worsley found it impossible to get regular returns from the
planters as to the numbers of their negro slaves (565). Three
parishes in the island had paid their taxes and made their returns
promptly, but there was a very great struggle to turn the
representatives of those parishes out of the Assembly, in which
the malcontents were successful. To do this they gave as much
INTRODUCTION.
xlvii
Jamaica.
as 150 for a vote, ten moidores being a common bribe, and 6,000
was spent in the election in two of the parishes although bribery
had previously been uncommon at elections in the colony
(p. 372).
Some mention has already been made of the state of affairs
in Jamaica in connection with our relations with Spain and the
Spanish threats of invasion of the island. There was less
obstruction than usual in the Assembly, and Governor Hunter
was able to write, " I think I am in a way of getting the better
of the unaccountable opposition or obstruction that has hitherto
been given to the public affairs of this island, so that I may have
the satisfaction of doing H.M. effectual service in promoting
the security and prosperity of a Colony of such importance to
the trade of Great Britain." (143). This unaccustomed
reasonableness may have been due to the fears of the planters
at the continual decline of the white population and the dangers
of a serious servile revolt in the colony.
As the Governor wrote, the planters increased in wealth and
numbers of slaves, but declined yearly as to white or free men.
(112 and see 627 i). To remedy this evil an Act was passed
obliging the planters to provide themselves with a sufficient
number of white men on their estates or pay certain sums of
money into the Treasury. White women, white boys and white
girls as servants, were to stand as deficiencies, for it was the
male white population capable of bearing arms that it was
essential to increase. (225). The number of free mulattos and
free negroes was daily increasing, and they earned their living
by hawking and peddling about the streets, and so were an
assistance and shield of the runaway negro slaves. To guard
against this danger an Act was passed to restrain all mulattos,
Indians and negroes from such practices and to compel them
to join in pursuit after rebellious negroes at the command of
any magistrate or military officer, (p. 106).
But such assistance was not always very dependable. The
Deficiencies proclamation of martial law in the face of the threats from strong
bodies of rebellious negroes in several parts of the island, and
particularly near Port Antonio on the defenceless windward
Decline of
white
population.
in
defence.
xlviii COLONIAL PAPERS.
side, had revealed to the planters the deficiencies in numbers
of their forces of defence. The chief strength of the militia
consisted of indentured servants and Irish Papists who could
not be relied upon. Two parties, who had been sent out against
the rebels near Port Antonio, had been ambushed and beaten,
and it was feared that if a third were repulsed it would precipitate
a general servile revolt throughout the island accompanied by
all the atrocities of vengeful slaves little removed from their
native savagery. The free negroes and slaves who were sent
out upon these parties behaved much better than the white
people, but it was obviously unsafe to trust that this would
always be the case. The only reliable remedy was to station
two regular regiments in the Island and entrust its defence to
them, calling upon the Assembly to pay the cost. (309). But
this the Assembly would not readily consent to ; they wanted
the protection of the English troops, but they would not pay
them, for they speciously pleaded that they were needed to
ward off the Spanish menace and so should be a charge upon
the imperial Exchequer. Their constitutional arguments
might on paper be quite sound according to precedent, but
far-sighted persons in the island knew that it was protection
against the negroes that was being sought in reality, for no faith
could be placed in the experience of the colonial officers or in
the discipline of the island militia, (p. 413, 627 i).
In reply to the circular enquiries of the Board of Trade,
Decay of Governor Hunter forwarded a full account of the state of the
Jamaican
prosperity, colony which gives a very depressing view of the decay of the
island's prosperity. (627 iii). The white population was only
7,648, made up of 2,171 masters and mistresses, white men
servants 3,009 and women 984, with white children 1,484.
This contrasted unfavourably with the number of 10,000 white
inhabitants who were computed to be living in the island a
few years before. Of course, it is possible that this computation
was guess work and the numbers were rated too high, but un-
doubtedly it was the general opinion that the white population
was shrinking. On the other hand there was a great increase
in the number of slaves, which was calculated to be more than
74,000, i.e. about 10 blacks to every white man, woman and
INTRODUCTION.
xlix
Schemes
for the
encourage-
ment
of white
immigra-
tion.
child. Governor Hunter was particularly anxious to encourage
immigration, and denied the idea that there was no waste land
for grants to immigrants in Jamaica. There was plenty still
unallocated, and he suggested the introduction of a system like
that adopted by the French to promote the colonisation of
Hispaniola. They " have an admirable method of improving
and cultivating their colony ; the King by his order obliges
every merchant ship trading thither to carry a proportionable
number of white people according to their tonnage, freight free.
Upon their arrival the Government allots them a proportionable
quantity of acres suitable to the number of their families, gives
them credit for a number of negroes and utensils for manuring
their ground with sufficient provisions until the land given them
can produce the same ; for which the poor people give bond to
the King to pay the value of the negroes, utensils and provisions
so soon as the lands so given them shall produce the same."
(p. 416). Hunter therefore brought forward again the oft-
mooted proposal of an Emigration Fund for Jamaica similar
to the French fund for Hispaniola (p. 417), but he was unable
to give any assurance that the planters would make their
contributions, and so the whole burden might fall upon the
British Treasury.
On the other hand, the authorities in England believed that
additional white population might be secured by giving out the
lands of the rebellious negroes to such of the soldiers of the
regular regiments sent to Jamaica or of the Independent Com-
panies as were willing to settle and develop plantations. (521).
The old idea of establishing a race of yeoman farmer settlers
was tenaciously clung to, though, as the population figures
show, it was meeting with no success. There was a small class
of landed proprietors tilling their plantations with slaves and
another larger class of white indentured servants or wage earners,
who were landless and had little property. The circumstances
of a slave economy were too powerful for any breach to
be made in the system, and matters continued to drift along
despite all the despatches that were written backwards and
forwards.
COLONIAL PAPERS.
The descriptions of the servile outbreaks and the none too
Fear in successful expeditions to suppress them are given at length in
tlie colony.
many letters, but we need not recapitulate them. They leave
the impression of Jamaica as a community riddled with fear,
on the one hand of a savage revolt of its slaves and on the other
of treachery and insurrection in concert with the Spaniards
of the Irish Papists, who mostly made up their indentured
servants. To crush the negroes the Papists alone were available,
and they could neither be disciplined nor trusted. (For papers
on the servile revolt see especially 112, 309, 351, 457, 519,
627, 627 i.)
The old disputes with the Spaniards about the logwood
cutters' cu tters f the Bay of Campeachy were rankling as they had been
f Hon ^ uras for many years. Ships containing cargoes of logwood were
Campeachy. seized by the Spanish naval vessels wherever they were met
with (e.g. 88), regardless of the place where the wood had been
cut. The Bay of Honduras was now a more common source
than the Bay of Campeachy, though the logwood cutters were
still persisting in their efforts at the island of Triste there, despite
their expulsion by a Spanish expedition some years before.
There is an interesting letter of complaint (280) to the Council
of Trade and Plantations from a man engaged in the trade,
which gives many particulars of the persistence of the cutters
despite the repeated renewals of the Spanish attacks upon their
ships in Campeachy. They were willing to run great risks for
the sake of the profits to be made, The common price of log-
wood in the Bay was 51. a ton, but it sold in England for 13/.
and sometimes up to 18 or 20/. a ton. Fourteen ships were
taken by the Spaniards there as late as May 1730 ; while they
were lying at Triste their crews were absent, being engaged in
logwood cutting as far away as 100 miles up-country in the
woods. The Spaniards had taken a sloop belonging to New
England and cut all the ship's company to pieces in cold blood,
only the cabin boy escaping, (p. 135). The complainant
himself recounted that he had been taken by them and carried
to and put ashore on a desolate island without an ounce of
victuals, where he lived miserably 13 weeks and 2 days before he
got off. (p. 135). The trade was mainly based upon the harbours
INTRODUCTION.
of Jamaica, and it was still an important source of employment
to the ships and sailors of that colony, although many of the
men engaged in it came from the ports of New England and
belonged to merchants there who carried their cargoes for sale
to the ports of European countries direct without touching
in England.
COLONIAL PAPERS.
1730.
Jan. 2 1. H.M. Additional Instructions to Lt. Governor Dummer.
Whereas an unwarrantable practice hath of late years been
introduced into the proceedings of the Assembly of the Mas-
sachusetts Bay, of raising money and supplying the current
service of the year by a vote or resolve instead of an Act of
Assembly, and of reserving thereby to the said Assembly a
power of determining what accounts shall or shall not be paid
even after the services performed, expressly contrary to the
tenor of the Charter etc., Whereby they are impowered to raise
moneys for the support of Our Government and for the defence
of the Inhabitants by Act or Acts of Assembly only, and the
issuing of the said money when raised, is expressly reserved to
Our Governor for the time being, with the advice and consent
of Our Council of the said Province : Now Our will and pleasure
is, and We do hereby require you to take care for the future,
that no money be raised, or Bills of Credit issued in that Our
Province but by Act or Acts of Assembly, in which Act one or
more clauses of appropriation may be inserted, but that the
issuing of all moneys so raised, or bills of credit be left to Our
Governor or Commander in Chief with the advice and consent
of our Council according to their Charter, subject nevertheless
to a future inquiry of the then present or any other Assembly
as to the application of such moneys. And Whereas complaint
hath been made to us, that certain illegal and unaccustomed
fees on shipping have been lately exacted within Our Said
Province, Our further will and pleasure is, and we do hereby
strictly command that neither you our said Lt. Governor, nor
any succeeding Governor etc. do presume to exact or demand
any other fees than what are legall, and have been customarily
taken by the Governors or Commanders in Chief of that Our
Province for registering of ships and for lett passes on any
pretence or account whatsoever. [C.O. 5, 192. ff. 431, 432.]
Jan. 2 2. Governor Johnson to Mr. Popple. I begg leave to give
you some further thoughts (cf. Dec. 19, 1729) in respect to the
better setling of Carolina, to be laid before their Lordships, if
you shall think proper etc. (i) As there are many people now
C.P. xxxvui
2 COLONIAL PAPERS.
1730.
settled upon the River of Wynieah, I conceive to be necessary
to lay out a town, make it a port of entry and appoint a Collector
there, (ii) As I conceive it will be of very great service and
security to the Colony to encourage the building of towns, asks
for instructions as to grants of land and laying of them out etc.
(iii) For the better settling of this Colony by the encouragement
of new products proposes a bounty on raw silk, pott ash, wine
and live oak etc. much wanted in H.M. docks and the best oak
in the world for that service, and of all H.M. Dominions in
America, only grown in Carolina, (iv) It would be of very
great encouragement to the making pitch and tarr and not any
of the least detriment to H.M. firr or other timber trees, that
I should have instructions to give leave to all persons requiring
it under proper restrictions to make use of the dead light wood
trees lying or standing upon H.M. lands or the lands not patented,
as they are of no other use etc. (v) Suggests that patent officers
be obliged to act in person, and not by deputy. Signed, Rob.
Johnson. Endorsed, Reed. 3rd. Read 28th Jan., 17|. 2 pp.
[C.O. 5, 361. ff. 46, 46u, 47u.]
Jan. 3. 3. Governor Philipps to the Council of Trade and Planta-
Annapoiis tions. Begins -with duplicate of Nov. 25, 1729. Continues :
As the bringing the French inhabitants of this Province to
an entire submission and due allegiance to the King (who are
at this time a great body of people) has been thought a work
of very great consequence to its safety and welfare, and therefore
takes up a considerable part in H.M. Instructions to the
Governour, your Lordships will now see by the enclos'd parch-
ments and the progress made therein in less than three weeks,
that I have had that matter at heart and my hopes of succeeding
not to have been ill-grounded. The subscribers thereto are
the whole Settlement of this River to a man from sixteen years
of age upwards, whereto they are pleas'd to express that the
good likeing they have of my Government in comparison of
what they experienc'd afterward, did not a little contribute
and therefore reserv'd this honour for me ; Indeed I have had
no occasion to make use of threats or compulsion nor have I
prostituted the King's honour in makeing a scandalous capitula-
tion in his name and contrary to H.M. express orders, as has
been done by one Ensigne Wroth of my Regiment, coppy
whereof I could not omitt laying before your Lordships ; that
same Gentleman is now in England, gone home (as I am told)
to demand great matters for his good service, how far they will
be thought such I submitt, but were it my case to have pre-
sum'd to make use of the King's name without his authority,
I shou'd expect a more suitable reward. Haveing finished with
the people of this River, I must waite the breaking up of the
winter to open a communication with the other Settlements
up the Bay of Fundy, from whence I daily expect their Deputys
AMERICA AND WEST INDIES. 8
1730.
thro' the woods, with assureances of the readiness of their
people to submitt in like manner when call'd upon, where I
judge it necessary for me to be in person for the more solemnity
to give them the oath as I have done to all these, and then shall
return to Canso, where I shall be expected. By a letter from
Col. Dunbarr from Boston I am acquainted of his arrivall there,
and from other hands, of the country call'd the King's Province
or the Province of Main bordering on New England being put
under his care, which I look'd upon to have been a part of this
Government, but if it is determin'd otherwise, I have no
objection to make but wish him success in the settling of it,
which he cannot well faile in with the advantages and encourage-
ment that Government is favoured with above this, particularly
as Col. Dunbar is both Governour and Surveyor, he is at liberty
to receive immediately all familys that shall offer whereas my
hands have been tyed up from the beginning not to be loos'd
but by his haveing finish'd the survey of this whole Province,
whereby its settlement has been postpon'd and baulk'd all the
time of my Government, and may continue to be it's fate some
time longer ; for I look upon it not to be the work of months
but years and unless (in the doeing of it) reguard be had to the
harbours and places that are most proper for settlements I am
afraid to think that all encouragement will be quite taken away.
Another priviledge granted to this new Government (as I am
told) is to be free from Custom House Officers for seven years,
which alone will draw many people to live under it, a favour I
cou'd not procure for Canso tho' a mere fishing place where no
other sort of business is carryed on ; it is thought a great hard-
ship that such an officer should be placed there any more than
in the harbours of Newfoundland to fill his pocketts by obligeing
all vessels to enter and clear, tho' they trade in nothing but the
catching and cureing of fish ; I wish this matter were reconsider'd,
it being a grievance that will (I am afraid) hurt the
place if not dispens'd with. It is rumoured here that the
Government of Placentia is likewise put on another footing.
I must own it lay at too great distance from hence to be visited
so often as necessary in the case of a bad lieutenant, and there-
for as there was no sallary allow'd me for it, I submitt with
patience to H.M. pleasure hoping it is done salvo honore. This
being a chance opportunity of writeing which offers unexpectedly
in this late season, I wou'd not omitt giveing your Lordships
an account of my proceedings up to this day, which I hope will
meett with approbation, and procure me your/- Lordships'
favourable representation of my best endeavours for H.M.
service. I found at my comming a generall dissattisfaction
in all parts, and disagreement between the two Lieutenant
Governours about the right of power and command which drew
the inferiour officers into partys. But I assure your Lordships
it is now the reverse, joy and satisfaction appeares in every
COLONIAL PAPERS.
N
1730.
countenance among the people and in the Garrison tranquility,
tho' I cannot answer but that the inward leven may still remain.
I have the honour to wish your Lordships a happy New Year
and many of them, etc. Signed, R. Philipps. Endorsed, Reed.
25th April, Read llth May, 1730. 11 pp. Enclosed,
3. i. Oath of allegiance taken by the inhabitants of
Annapolis Royal. Je promets et jure sincerement en
foi de Chretien, que je serai enticement fidelle, et
obdirais vrayment sa Majeste, le Roy George le Second,
qui je reconnois pour le souvrain Seigneur de la Nouvelle
Ecosse e de VAccadie. Ainsi Dieu me soit en aide.
193 signatures. Witnessed by Rene Charles de Breslay,
Pretre, and 1 5 English officers etc. Endorsed as preceding.
Parchment. 1 p.
3. ii. Address of the French inhabitants of Annapolis Royal
to Governor Philipps. Welcome his arrival and hope
that he will be completely convinced of their intention
to submit to their gracious sovereign, King George.
Continues : We have unfortunately experienced on
several occasions the great difference there is between
your benign and just administration and that from
which we are just relieved, all the more that we had
in our hands the assurance which your Excellency had
the goodness to give to us, signed by your hand, that
we should fully enjoy the liberty of our Religion and
the possession of our property until H.M. pleasure
should be signified by your Excellency, of whose
return we began to despair, and besides the utterly
inhuman treatment of our good Pastor, M. le Breslay,
whom we were even forbidden to see or to give him
any shelter or the least assistance, whilst he was
obliged to take refuge in the woods, where he has
remained nearly fourteen months, had caused the
utmost consternation among us, seeing that we could
not exercise our religion nor even gather two or three
together to pray, and that near the time when we had
been required to take the oath of fidelity to H.M. by
Lt. Governor Armstrong, notwithstanding that the
teaching of our said Pastor has been on every occasion
to render us sensible of the obedience we owe to
a Sovereign, under whose benign government we
had always been happy, for we had never been
before molested or troubled in the complete exercise
of our religion. This bad treatment, besides several
other instances too numerous to mention made us
apprehensive lest we should not have our religion safe
and free, and even obliged us to defer taking the oath
of obedience to H.M. till your Excellency's arrival,
AMERICA AND WEST INDIES. 5
1730.
which happy day being come to our great joy and
comfort, we are assured of seeing all our hopes fulfilled,
and as your Excellency has consented in accordance
with justice to give us back our good Pastor, we
humbly pray you to accept our sincere thanks. We
only await your orders to appear before your Ex-
cellency in order to give the last proofs of our obedience
to His Britannic Majesty by taking the oath of fidelity
etc. 156 signatures. Endorsed as preceding. Copy.
Parchment. French. 2 pp.
3. iii. Ensign Wroth's Articles and Concessions to the French
inhabitants at Mines, relating to the oath of allegiance,
26th Oct., 1727, with resolution of the Council there-
upon that they are unwarranted and dishonourable
to H.M. authority and government, 10th May, 1728.
(v. C.S.P. 17th Nov., 1727 etc.) Copy. 2 pp. [C.O.
217, 5. ff. 188-189i;., 191-197U., 198t;. ; and (abstract
of covering letter -with marginal notes for reply), 217, 30.
p. 40.]
Jan. 3. 4. Governor Philipps to the Duke of Newcastle. Duplicate
Annapolis of above covering letter. Signed, R. Philipps. Endorsed, R.
Boyaii. 13th n pp Enclosed,
4. i. Duplicate of encl. iii preceding.
4. ii. Duplicate of encl. ii preceding. Parchment. 2 pp.
4. iii. Duplicate of encl. i preceding. Parchment. 2 pp.
[C.O. 217, 39. Nos. 1, i-iii.]
Jan. 7. 5. Council of Trade and Plantations to the Duke of New-
Whitehaii. castle. Enclose following to be laid before H.M. Annexed,
5. i. Same to the King. Upon reference of 6th Nov., report
that " Mr. Morris behaved himself in such a manner,
as sufficiently justifies Collo. Montgomery for having
suspended him from the Council. If your Majesty
should be of opinion that the said Mr. Morris is no
longer deserving of the honour to serve your Majesty
in the said Council, we humbly take leave to propose
that Philip Courtland may supply his place " etc. [C.O.
5, 1125. pp. 141, 142.]
Jan. 7. 6. Duke of Newcastle to the Council of Trade and Planta-
Whitehaii. tions. H.M. having been pleased to appoint George Burrington
Esq. Governor of North Carolina etc., you are to prepare a
Commission and Instructions for him accordingly. Signed,
Holies Newcastle. Endorsed, Reed. Read 7th Jan., 17.
f p. [C.O. 5, 293. ff. 1, 2o.].
COLONIAL PAPERS.
1730.
Jan. 8.
Jan. 9.
Wms.burgh.
7. Draft of letter from [?Mr. Walter] to Governor Mont-
gomerie, recommending to his protection Abija Smith and Ester
Allaine, widow and daughter of Lewis Allainc, who reside at
New York etc. [C.O. 5, 1093. ff. 128, 129u. ; and
(memorandum) 5, 1086. ff. 20,
8. Lt. Governor Gooch to the Council of Trade and Planta-
tions. Acknowledges letters etc. of 22nd May and 20th June,
received 1st Jan. Continues : The former, containing chiefly
what your Lordships have thought fit to report to H.M. upon
some of the acts past here, requires no other answer, than to
assure your Lordships of my entire resignation to your Lordships'
sentiments, and my resolution to bring the people of the Colony
into the same temper, notwithstanding both they and I may in
that particular of the Lighthouse differ from the opinion of the
merchants and others, and still think it would be of great
service to the trade. I shal observe your Lordships' direction
in case the Burgesses attempt to apply the duty on liquors to
the payment of their attendance by way of bill : But as I am
apprehensive their first endeavour will be, as has been the
practice heretofore, to pass this payment only by a resolve of
their House, and to obtain the concurrence of the- Council
thereto, which will not admit of any such suspending clause,
as your Lordships propose ; I hope my 14th Instruction will
justifie me, if on some occasions, when it may be necessary for
the publick service, I should gratifie the Representatives of
the People with such money payment, instead of the tobacco
they ought to have by law : since as well the private interest
of the Burgesses, as the benefit of the people in being eased of
so much of their tobacco tax, will have a considerable influence
on preserving a good harmony with the Assembly, and those,
they represent. Before your Lordships' letter came to hand,
I had received a duplicate of H.M. Order in Council from Mr.
Spotswood in relation to his lands in Spotsilvania : and his
Agent here hath had notice that he may expect an exact con-
formity to H.M. pleasure signified therein. And it is a particular
satisfaction to me to find that your Lordships sentiments with
regard to the other patentees in that county are the same
with mine, and the concurrent resolutions of the Council in
that point. Your Lordships are pleased, 20th June, to recom-
mend to my care the reconciling of the differences between the
Nottoway and Saponie Indians ; which I thought I had in a
good measure effected ; But the latter have prevented my
further trouble by removing their whole nation 400 miles from
our frontiers, and incorporating themselves with a nation called
the Cattawbaws, who are at present in friendship with us ; How
long they are like to continue so, I shal be able to inform your
Lordships on the return of a Messenger I lately dispatched
thither at the request of the Governour of New York, to redeem
AMERICA AND WEST INDIES. 7
1730.
some prisoners belonging to the five Nations, taken by the
Cattawbaws in an action the last summer. Notwithstanding I
have used all imaginable diligence, both by offering a reward
of 50 for the discovery, and by causing a strict eye to be kept
on all suspected persons in order to detect those concerned in
robbing and burning Mr. Lee's house, all my endeavours have
hitherto proved to no purpose : from whence I conclude that
the plate and goods they took were conveyed away to some
other Colony immediately after the fact was committed, it
being no difficult matter for such villains to find means to dispose
of anything of that kind in places where their characters are
unknown. So that all the recompence this gentleman has now
in view, is H.M. bounty, to which your Lordships have had the
goodness to recommend him. I am sorry to find myself obliged
to differ in opinion with those who have recommended Mr.
Thomas Corbin to your Lordships as a fit person to supply the
present vacancy in the Council : I am far from offering to
derogate from Mr. Corbin's character in his private life : on
the contrary I am inclinable to believe him an honest well
demeaning man, and had that been all that my Instruction
requires of me, he would have had as good a claim to my friend-
ship in this affair as any other gentleman. But my Lords his
advancement to the station proposed for him will be very shock-
ing and disagreeable to the gentlemen of the Colony ; his temper
is observed to be very unsociable ; he is a person of no interest
among the people ; his private affairs are greatly perplexed,
which cannot but add to the natural sowerness of his disposition ;
so that I can't apprehend he can be at present of much advan-
tage to H.M. service ; besides, that part of the country where he
lives, very retired, has in it already gentlemen of the Council
of great interest in their neighbourhood ; whereas in the parts
where Col. Harrison lives, the person I recommended to your
Lordships, there is not now any one of the Council, nor in all
that tract on the south side of James River ; and as our tributary
Indians live in that quarter, and not very remote from Mr.
Harrison's estate, I was the more desirous to have him added
to the Board, on the present vacancy as one, who knows best
the Indian affairs, and will have a much greater influence over
them in composing their private quarrels, by being appointed
a member of the Council, to whom those savages pay a particular
veneration. And as he is a gentleman of a very ample fortune,
and of a considerable interest amongst the inhabitants of that
part of Virginia, I am humbly of opinion, he is not only the fitter
of the two, but at this time more especially necessary to the
publick service, when the southern frontiers are not without
apprehensions of being disturbed on account of the late quarrel
between the Saponies and the Nottoways, should the former
return, to the quieting whereof no person in this country can
be so instrumental. I forbear mentioning anything with regard
COLONIAL PAPERS.
1730.
to myself, but submit it to your Lordships' judgment after
declaring the rules I shall always observe in my recommenda-
tion, which are, first, to chuse such as are of the best character
and capacity, joyned with a good estate, and when two persons
of equal capacity are candidates, to prefer him who has the
most plentiful fortune. In the next place, to dispose of this
office so, as there may be some in each part of the country,
if such can possibly be found ; for by that means the people
will be the better screened from oppression, when in every
neighbourhood there is one of the judges of the Supream Court
to apply to, by whose authority they may more easily find redress.
And this I take to be of no small importance to the tranquillity
of the Government. These my Lords are my reasons for and
against, and such they are, by what I see and know of Mr.
Corbin in this country, as would for ever keep him out of my
list. When I transmitted to your Lordships the list of persons
proper to supply vacancies in the Council, I had not the least
knowledge of what your Lordships mention concerning Mr.
Gowen Corbin ; he appeared to me, and proved to my enquiry,
as he is a gentleman of a good estate, and as I never heard of
any blemish in his character, from Colonel, on Mr. Beverly's
death, I made him Lieutenant of a County. But since I had
the honour of your Lordships' letter, I have examined into his
conduct in what he was accused of wrongly, and am told, that
having made a voyage to England on purpose to vindicate
himself, he did acquitt himself of the offence charged on him
to the satisfaction of the then Ministry, and I don't find he was
ever questioned for it after his return, etc. Signed, William
Gooch. Endorsed, Reed. 14th March [?1780] Read 12th
May, 1731. Holograph. 3| pp. [C.O. 5, 1322. ff. 136-138*;.,
I39v. (with abstract).]
Jan. 9. 9- Col. Dunbar to Lt. Governor Wentworth. A great
New number of masts fitt for the use of the Royal Navy haveing
Hampshire, been cut clandestinely the last year, and being seized by my
Deputy, were tryed and condemned for H.M. by due course of
Law, and another larger number being lately seized near Tuck-
away Mills, proposes that they may be taken by the Contractor
for supplying the Navy and sent home in part of the numbers
contracted. Requests him to send for the Agent with a view
to his making him a tender of said masts, and to attest his
answer if he refuses, as he has already done at Boston, etc.
which will be scarce creditable at home etc. Signed, David
Dunbar. Endorsed, in Colo. Dunbar's, Feb. 2. Copy. 2 pp.
[C.O. 5, 10. No. 25.]
Jan. 10. 10. Mr. Partridge to the Council of Trade and Plantations.
London, Refers to Memorial of 4th March, 1729, requesting report on
1 called ' s * x acts ^ ^' J erse y- H g apprehends some difficultye may
January, attend the conformation of two of them (An Act concerning the
AMERICA AND WEST INDIES. 9
1730.
acknowledging and registering deeds and conveyances of land etc.,
and an Act for shortening of law suits etc.). If they are not
judged meet to be favourably reported upon, prays to be in-
formed what objections are made to them, so that he may
transmit them to New Jersey for the people's answer, and that
meanwhile they may lie probationary and not repealed, since
they are of great consequence to the people there. Signed,
Richd. Partridge. Endorsed, Reed. 10th Jan., 17f, Reed.
15 June, 1731. Addressed. 1 p. [C.O. 5, 972. ff. 203, 206t;.]
Jan. 11. 11. Lt. Governor Pitt to Mr. Popple. Encloses following
Bermuda. an( j w ju sen( j annual accounts as required. No signature.
Endorsed, Reed. 21st April, Read 22nd July, 1730. 1 p.
Enclosed,
11. i. Replies to queries of the Board of Trade, 1729. Same
as those of former years, with following variations :
(i) 65 vessels of 100 to 15 tons, employing about 300
men. Within last six years the number of vessels
lias been decreased by about 20, worth with cargoes
about 9000, the major part whereof have been
illegally taken and destroyed by the Spaniards,
whereby abundance of sea-faring men have lost their
lives, (ii, v.) About 6000 of British and East India
manufactures annually imported from London. No
other trade, or imports, except Madera wines and
foreign sugar, molasses, rum, imported on paying
duties, which is constantly permitted in all other
English Colonies, (v.) Plat exported to London.
Indian corn and other provisions are imported from
America. Some small quantities of corn and other
provisions are annually produced here and some
onions, cabages, and oranges, but none for many
years shipped off except onions in small quantity.
The vessels have been formerly freighted with pine-
apples, cabages, and oranges, but they have for
these 20 years past been very scarce and sometimes
are not to be purchased at any rate, particularly this
present year. There are also some cattle and sheep,
(vii) The annual product of commodities, besides
shipping, amounts roughly to about 2,500. (viii)
Number of inhabitants, by an exact account taken
1729, White, 5,086 ; Blacks, 3,688. (ix) The in-
habitants are decreased within these four years by
about 2000, several families having been obliged to
remove to other Colonys because of the poverty of
this place, and also a considerable number of blacks
have been transported, (x) Number of Militia, 675.
(xi) The fortifications (described) have been for several
10
COLONIAL PAPERS.
1730.
Jan. 12.
Whitehall.
Jan. 12.
New
Hampshire.
Jan. 13.
Portsmo.
Jan. 14.
Whitehall.
years in a ruinous condition, but are now repairing
at the very great expence of the country. They are
in great want of small arms and ammunition. At the
Castle and Paget's Fort are kept, at the expense of
the country, a constant guard of four and two men
respectively, who make signals on sight of any vessel
approaching, (xiv) Annual Revenue, from duty on
liquors imported, 300 (Bermuda money) ; powder
money, or duty on tunage, 45 ; rent of public lands,
120. All which is appropriated to defraying the
contingent charges of the Government etc. (xv)
Number of acres cultivated in each parish (given),
Total, 11,542, whereon no quit rents were ever reserved.
This is the whole number of acres these Islands contain.
(xvi) For the general reparation of the fortifications,
which will cost about 500, an Act has been passed
laying a duty of 3 p.c. for two years on all goods
imported, (provisions and liquors only excepted) as
also a duty of 6d. per head on negroes and 1/s per head
on horses etc. Same endorsement. 9| pp. [C.O.
37, 12. ff. 41, 42i;., 45-49sy., Slv.]
12. Mr. Popple to John Scrope. Requests him to move
the Lords Commissioners of the Treasury for their favourable
orders in respect of the allowance to Mr. Hintz (4th Dec.)
approved of by the Committee of Privy Council, " lest the season
should be lost for performing a service of so much importance
to the publick." [C.O. 218, 2. p. 167].
13. Lt.-Governor Wentworth to the Undertaker for the
Agent for supplying masts to the Navy. Recommends Col.
Dunbar's proposal of Jan. 9th q.v. Signed, J. Wentworth.
Copy, & p. [C.O. 5, 10. No. 25A.].
14. Thomas Westbrook to Lt. Govr. Wentworth. Reply to
preceding. Refuses, at great length, to accept the offer of the
12 trees, as they lie, because they are 80 miles distant from
Falmouth, the port at which he must deliver them and where
his men, oxen and stores are, etc. Will accept them if of correct
size and delivered to him at Falmouth. The size of the trees
he is obliged to provide is so great that it is difficult if not
impossible to procure them in N. Hampshire. Signed, Thos.
Westbrook. Endorsed, in Col. Dunbar's of Feb. 2. 5f pp.
[C.O. 5, 10. No. 26].
1 5. Council of Trade and Plantations to the King. Offer
for confirmation act of St. Kitts for raising a tax on negroes
for erecting a court-house at Basseterre etc. (v. 20th June).
[C.O. 153, 15. pp. 41, 42].
AMERICA AND WEST INDIES.
11
1730.
Jan. 15.
Whitehall.
Jan. 15.
Whitehall.
Jan. 16.
Whitehall.
Jan. 18.
Whitehall.
16. Council of Trade and Plantations to the King. Enclose
following etc. Annexed,
16 i. Draft of H.M. Commission to Governor Burrington.
In the usual form. [C.O. 5, 323. ff. l-l2v.].
1 7. Governor Belcher to the Council of Trade and Planta-
tions. At their Lordships' request, offers observations upon the
Instructions of the Governors of the Massachusetts Bay and
New Hampshire. As to Instruction 51, the Governors have
usually worn the Union Flag when on shipboard or in their
barge, which has occasioned disputes with Commanders of
H.M. ships. Asks for explicit Instruction. Concludes by
suggesting that the Governor be instructed to recommend that
all proper encouragement be given for raising hemp, and that
seed be sent for that purpose ; and that Massachusetts and
New Hampshire appoint Commissioners from the neighbouring
Provinces to settle their disputed boundary, etc. Signed,
Jona. Belcher. Endorsed, Reed. 15th, Read 23rd Jan., 17f.
Addressed. 8 pp. [C.O. 5, 871. ff. 1, 2-6t;., 8v.]
18. Mr. Popple to Lord Forbes and Col. Hart. My Lords
Commrs. having under their consideration an Act of Antigua,
1728, to supply the defects of an Act for constituting a Court of
Chancery, etc., do desire to speak with you thereupon on Tuesday
morning next, at 11 a clock. [C.O. 153, 15. p. 43.]
19. Order of Committee of Privy Council. Considering
that the power of granting lands within Nova Scotia is vested
in Governor Philips by his Commission, they refer back to the
Council of Trade the two draughts of Instructions submitted
by them, to alter the same, by authorizing Col. Dunbar to lay
out the lands for the new settlers and reserving the power to
Governor Philips, according to his Commission, of making
grants for the same. They are to add a clause requiring
Governor Philips to furnish Col. Dunbar out of his garrison,
with such a number of soldiers, as will be necessary to protect
him, whilst upon the service for setting out the woods for the
use of the Navy. Signed, Ja. Vernon. Endorsed, Reed. 24th,
Read 26th Feb., 17
pp. [C.O. 217, 5. ff. 142, 142i>.,
Jan. 21. 20. Duke of Newcastle to the Council of Trade and Planta-
Whitehaii. tions. His Majesty having been pleased to grant a Commission
under the Great Seal to the Bishop of London to exercise
Ecclesiastical Jurisdiction in H.M. Colonys and Plantations in
America, bearing date the 29th April, 1728, I send you herewith
a copy of it, that you may prepare an Instruction for the
Governors of the said Colonys and Plantations prescribing to
them (as they are enjoined by the said Commission) to support
12
COLONIAL PAPERS.
1730.
his Lordship and his Commissarys in the exercise of such
jurisdiction, pursuant to the tenour of that Commission. Signed,
Holies Newcastle. Endorsed, Reed. 21st Jan., Read 17th Feb.,
17-Jfr. 1 p. Enclosed,
20 i. H.M. Commission to the Bishop of London to exercise
ecclesiastical jurisdiction in the Plantations etc. (v.
preceding). Printed. 6 pp. [C.O. 323, 9. ff. 28,
29-31i>., S3v.]
Jan. 22. 21 . Order of King in Council. Approving Commission for
St. James's. Governor Burrington. Signed, Temple Stanyan. Endorsed,
Reed. 30th May, Read 4th June, 1730. 1 p. [C.O. 5, 293.
ff. 11, 12.]
Jan. 22. 22. Order of King in Council. Ordering that Governor
St. James's. Burrington enquire into and report upon the complaints against
Governor Sir R. Everard, as proposed by Council of Trade, 1729.
Printed, N.C. Col. Rec. in 75 q.v. Signed and endorsed as pre-
ceding, ij pp. [C.O. 5, 293. ff. 13, I3v., 14u.]
Jan. 22. 23. Mr. Popple to Mr. Morrice, Mr. Yeamans and Mr.
Whitehall. Tryon. My Lords Commissioners desire to speak with you
etc. as 16th Jan., " with such other gentlemen as you think
can give my Lords any light in this affaire " etc. [C.O. 153, 15.
pp. 43, 44.]
Jan. 22. 24. Order of King in Council. Additional Instructions for
St. James's, all Governors are to be prepared directing them to assist the
Deputy Receivers of 6d. per month from seamen's wages for
Greenwich Hospital etc. Set out, A.P.C. III. No. 192, q. v.
Signed, Temple Stanyan. Annexed,
24. i. H.M. Additional Instruction to Governors of Planta-
tions referred to in preceding.
24. ii. Instructions to the Receivers by the Commissioners
for collecting the 6d. pr. month etc. Printed. 4 pp.
[C.O. 324, 36. pp. 168-1706.]
Jan. 22. 25. Order of King in Council. Approving Additional
St. James's. Instructions to Governors to be aiding and assisting to the
Deputy Receiver of the 6d. from seamen's wages, etc. Signed,
Temple Stanyan. Endorsed, Reed. 30th May, Read 4th June,
1730. 1 p. [C.O. 323, 9. ff. 38, 41.]
Jan. 22. 26. Circular letter. Duke of Newcastle to the Governors and
Whitehall. Proprietors of Plantations. Encloses the King's Order for the
cessation of hostilities and restitution of prizes to the subjects
of Spain in America, in case such hostilities are continued
against them, or any prizes have been taken from them by H.M.
subjects since H June, 1728. Encloses copies of Treaty of
AMERICA AND WEST INDIES. 13
1730.
Seville relating to this matter and the King of Spain's Cedula
(encl. ii). Continues : The originals of which cedulas are sent
to the respective Vice Roys and Spanish Governors in the West
Indies, by the Captain of the man of war, that carrys these
H.M. Orders to you etc. I need only add, that the former
Orders from H.M. for the cessation of hostilities mentioned in
the inclosed letter etc. are those which were sent to the late Rear
Admiral Hopson dated 25th March, 1728, which he was to
communicate to you : and tho' the like orders sent at the same
time to America from the Court of Spain, have been so ill-obeyed,
there is reason now to hope from the readiness with which the
present cedulas have been issued, that an intire stop will now
be put to those depredations which the Spaniards have not
ceased to commit against H.M. subjects in America, and that
the Spanish Governors will think themselves obliged to obey
these orders. H.M. would therefore have you, if the like should
happen for the future, make immediate application to them for
redress, pursuant to the King of Spain's order, and send an
account of it, and their answers and behaviour, to one of H.M.
Secretarys of State for H.M. information, that in case of a
refusal or delay of justice, complaint of it may be made to the
King of Spain : and H.M. does strictly charge and require of
you, that on your part you punctually comply with the obliga-
tions of the Treaties subsisting between H.M. and the Catholick
King, that no occasion may be given to the Spaniards for making
any complaint on that head. Signed, Holies Newcastle.
Annexed,
26. i. Circular letter from the King to the Governors and
Proprietors of Plantations. St. James's, Jan. 22, 17f&.
Whereas, upon the repeated complaints which Our
Minister at the Court of Our good brother the King
of Spain hath etc. made to the said King and His
Ministers, that His subjects in America did continue
to make depredations, as if a war existed, upon our
subjects ; His Catholick Majesty has, in the most
express manner, signified His pleasure to the Vice Roys
of Peru and New Spain, and other the Governors and
Officers of His Dominions in those parts, that the
Orders for a cessation of hostilities, which he issued
on the 25th of April, 1728, in consequence of what
had been stipulated by the Preliminaries and by the
Convention signed at the Pardo be strictly observed by
all his subjects, and that accordingly all prizes taken
by them from Our subjects in America from the time
of the arrival of His said Orders at Cartagena, men-
tioned in the said King's cedulas to be on the 1 2 June,
1728, be punctually restored, or in default thereof
the just value of the said prizes and their cargoes at
14 COLONIAL PAPERS.
1730.
the time when they were taken, and that reparation
according to justice be also given for any further
damage occasioned by the detention thereof, till the
time of their being delivered up, excepting seizures
made on account of illegal trade in the places and
limits prohibited by the laws, and the treaties of
Peace and Commerce ; Our will and pleasure is, that in
pursuance of Our orders formerly issued in that behalf,
all and singular Our subjects do forbear and abstain
from all acts of hostility against the subjects of Our
said good Brother, and that if any prize or prizes have
been taken or shall be taken from his subjects since
H June, 1728, full restitution be made of such prize
or prizes, or in default thereof, the just value of the
said prizes and their cargoes at the time when they
were taken, according to the authentic proofs and
vouchers of such valuation, that have been or shall be
produced by the respective owners etc., and that
reparation be also given according to justice for any
further damage occasioned by the detention of such
prizes, till the time of their being delivered up, except-
ing always any seizures that may have been or may be
made on account of an illegal trade carried on contrary
to the laws and the treaties of Peace and Commerce,
and that the owners of the prizes to be restored, in
pursuance of this Our order, shall freely enjoy the
same and their effects, and carry them at their pleasure
to their own Ports, and in execution of these our
commands, you are to have regard to, and to govern
yourself by, what is stipulated in the Treaties of
Commerce subsisting between the two Crowns ; and
we do hereby strictly charge and command you, and
all and singular our Officers and Ministers etc., to take
due notice hereof etc., in order whereunto you are to
take care, that they be duly apprised of this Our royal
pleasure etc. You are to transmit unto us an account
of your proceedings herein etc. Countersigned, Holies
Newcastle.
26. ii. The King of Spain's Cedula for restoring prizes taken
from the English in America. Seville, 14th Dec., 1729.
As described above. The counterpart of preceding
Instruction (No. 1). The Viceroys of Peru and New
Spain are strictly to comply with this order etc. Copy.
Spanish.
26. iii. English translation of No. ii. [C.O. 324, 36. pp. 171-
192 ; and (corrected draft of covering letter and enclosure
No. i), 5, 4, Nos. 40,' 40. i.]
AMERICA AND WEST INDIES.
15
1730.
Jan. 22.
Whitehall.
Jan. 22.
St. James's.
Jan. 22.
St. James's.
Jan. 22.
St. James's
Jan. 23
Whitehall.
Jan. 26.
27. Council of Trade and Plantations to the Committee of
Privy Council. Enclose following.
i. Draft of H.M. Additional Instructions to Governor Philipps.
(v. March 25 and April 27.) [C.O. 218, 2. pp. 168-
176.]
28. Order of King in Council. Approving of four new
seals for New York, Nova Scotia, Leeward Islands and Bahama
Islands. The Council of Trade and Plantations are to prepare
warrants for transmitting them, empowering the Governors to
make use of them, and requiring them to return the old ones etc.
Signed, Temple Stanyan. Endorsed, Read 26th Feb., 17M.
1J pp. [C.O. 5, 1055. ff. 121, 121i>., 122i;.]
29. Order of King in Council. Approving draught of
Commission for George Burrington to be Governor of N.
Carolina. Signed, Temple Stanyan. 1 p. [C.O. 5, 21. /. 5.]
30. Order of King in Council. Approving report of 7th
Jan., and appointing Philip Courtland to the Council of New
York in place of Mr. Morris etc. Signed, Temple Stanyan.
Endorsed, Reed. 30th May, Read 4th June, 1730. Ij pp.
[C.O. 5, 1055. ff. 129, 129t;., 130*;.]
31. Mr. Popple to Mr. Burchett. Mr. Belcher, appointed
Govr. of N.E., having desir'd to be particularly instructed
whether, whenever he goes upon ye water in his own barge,
as Govr. he is not to wear the same Jack as by ye 51st Art.
of his Instructions he is to oblige ye Commanders of all ships
to whom he shall grant Commissions to wear, my Lords Com-
missioners desire to know whether there is any objection etc.
[C.O. 5, 916. p. 262.]
32. Mr. Fane to the Council of Trade and Plantations. Has
no objection to four Acts of Antigua, 1729 (i) laying a duty on
transient traders etc. (ii) enabling freeholders of the parish of
St. Paul, Falmouth to choose a vestry, (iii) for the banishment of
several negro slaves concerned in the late conspiracy, (iv) for
raising a tax for paying the public debts etc. But as to the Act
to supply the defects of an Act for constituting a Court of Chancery,
it is enacted that in case of suit of lands tenements or heredita-
ments when the interest or thing sued for shall lye in this island,
and in case of personal demands where the person or persons
of the defendant or defendants are or shall be in this
island as residents, no decree or order touching the right thereof
or against such person shall or may be made in any other place
but this island (saving appeals to H.M. his heirs and successors)
and if any order or decree shall in such case be made contrary
hereto, it is declared to be void. The design of which clause
16
COLONIAL PAPERS.
1730.
Jan. 26.
Boston,
New
England.
seems to be to preclude the Court of Chancery here from pro-
ceeding in such cases as come within the description in this
clause ; and tho' I do not apprehend that any act of the
Legislature of this island can in the least restrain the jurisdiction
of any of our Courts here ; yet I think this an attempt which
should be discountenanced by your Lordships, considering it is
so inconsistent with the duty and submission this Colony
ought upon all occasions to shew her mother country. Signed,
Fran. Fane. Endorsed, Reed. Read Jan. 26, 173". 2 pp.
[C.O. 152, 19. ff. 24, 240., 25u.]
33. Lt. Governor Dummer to the Duke of Newcastle.
Encloses duplicate of last letter and adds further remarks upon
the state of the registers for ships, concerning which unjust
complaint has been made etc. Continues : There was at their
first constitution paid to the Governor nine shillings in silver
for each register, being one peice of 8/8 and an half, weighing
1| oz. silver, (one third whereof he allowed the Secretary) etc.
When the bills of credit were first introduced, the Governor
took 9 shillings in said bills etc. But since that, the bills are
so sunk (and stil growing worse) that silver is sold at above
21 shillings of said bills pr. ounce, so that the original fee amounts
now in bills to about 26s. 6d. ; which is 3s. 3d. more than is
now taken for the registers ; by which it appears that the
Governor has abated, instead of raising their price. The
unreasonableness of the complaints will further appear, inasmuch
as in the Courts of Justice throughout the Province all contracts
for silver money are chancer'd accordingly ; and the General
Assembly themselves have proposed to compound for the said
bills at 16s. per ounce, and offer no more than 13*. 4d. in new
bills to be made out for 32s. of the present bills, as will appear
by the enclosed bill projected by them in their last session, and
for which they have appointed a Committee to procure sub-
scriptions. The fee now taken for the Governor and Secretary
amounts to no more than 5s. 9d. sterling etc. Signed, Wm.
Dummer. Endorsed, Rd. March 20. 2 pp. [C.O. 5, 752.
No. 48 ; and (endorsed, R. April llth) 5, 898. No. 67.]
Jan. 26.
Boston,
New
England.
34. Lt. Governor Dummer to the Council of Trade and
Plantations. Duplicate of preceding. Signed, Wm. Dummer.
Endorsed, Reed. 21st March, 17|. Read 9th June, 1731.
2 pp. Enclosed,
34. i. Journal of House of Representatives of the Massachusetts
Bay, 18th-20th Dec., 1729, with a bill for ascertaining
the value of the bills of credit, etc. Endorsed, Reed.
21st March, 17|f. Printed. 18 pp. [C.O. 5, 872.
ff. 112,
AMERICA AND WEST INDIES.
17
1730.
Jan. 27.
Whitehall.
Jan. 28.
Whitehall.
Jan. 28.
Whitehall.
Jan. 30.
Whitehall.
35. Mr. Popple to Governor Belcher. My Lords Com-
missioners having your Instructions under consideration etc.
desire to know, (i) What number of bills are now circulating in
the Massachusetts Bay, and to what value ? (ii) What is the
fund established for repaying them ? (iii) Has that fund ever
been broken into ? (iv) For what services, were they raised ?
(v) For what use have they since been apply'd to ? (vi) How
long will it be before the present bills can be discharged, (vii) Is
there at present any necessity for a paper currency ? (viii) If
any, what value ? (ix) And what is the reason of such necessity,
(x) What fund can be proposed to prevent their being at dis-
count ? [C.O. 5, 916. p. 263.]
36. H.M. Warrant appointing George Burrington Governor
of North Carolina. Countersigned, Holies Newcastle. Copy.
[C.O. 5, 192. ff. 150-164.]
37. Governor Belcher to Mr. Popple. Reply to No. 35.
Thinks the amount of paper money in the Massachusetts Bay is
about 200,000. The funds established for paying the bills are
taxes and mortgages from those who have had them on loan.
Bills issued to be drawn in by a public tax have been to defray
the charges of Government. But those on loan have been for the
conveniency of a medium in trade, there being no gold or silver
in the Province. The bills now out may be drawn in in five or
six years, and much the greater part in half that time. etc.
Thinks nothing would so much keep them from a discount
as to emit them on a fund of silver and gold, " I mean for the
Government to put into the public Treasury so much of those
species, as to exchange to the possessors of the bills a certain
value annually at stated prices into silver and gold. This
method they are got into at New York where their bills bear but
a small discount," etc. Signed, Jona. Belcher. Endorsed, Reed.
29th Jan., Read 6th March, 17. [C.O. 5, 871. ff. 17-18u.]
38. Duke of Newcastle to Mr. Poyntz. Encloses copies of
letter and enclosures from Board of Trade relating to French
encroachments at Sta. Lucia, St. Vincents and Tobago (v. C.S.P.
Dec. 31st, 1729) etc. Continues : The King is persuaded that
if His Most Christian Majesty's subjects have proceeded contrary
to the agreement formerly made between the two Courts,
and have done anything in regard to their behaviour towards
the English that is not agreable to the friendship and good
correspondence that ought to subsist between two Nations united
at this time by alliances and material interest, it has not been
encouraged by any orders or countenance from their Court,
and H.M. therefore does not doubt but that upon your laying
this matter before the French Ministers, they will order the
matter to be strictly inquired into, and that if upon examination
C.P.XXXVII a
18
COLONIAL PAPERS.
1730.
Jan. 30.
Admiralty
Office.
Jan. 81.
London,
Mint Office.
it shall appear as is represented in those papers, such orders
will be sent to the French Governors and other officers in those
parts, whom it may concern, as will for the future prevent the
like occasions of complaint. And H.M. would accordingly
have your Excy. present a Memorial to the Cardinal, in
which you will take notice of the agreement mentioned in the
inclosed papers to have been made with the late Duke of Orleans
during his Regency in 1720, and desire that matters may be
kept upon the foot, on which they were then settled, and that
the French in those parts may be strongly enjoyned and directed
to behave accordingly. Signed, Holies Newcastle. Copy.
2 pp. Enclosed,
38. i. Council of Trade to the Duke of Newcastle, Dec. 81,
1729. Copy. 3 pp.
38. ii, iii. Extracts of letters from Capt. Davers, R.N. to
Mr. Burchett. v. Dec. 31, 1729, end. iv, v.
38. iv. A statement of H.M. title to Sta. Lucia, cf. C.S.P.
2nd June, 1709. 4 pp.
38. v. Mr. Pulteney to the Board of Trade, Paris, Jan. 15,
1720. Copy. 2| pp. [C.O. 253, 1. Nos. 20, 39,
39 i-iv ; and (duplicates of covering letter and enclosure
i only) 40, 40. i.]
39. Mr. Burchett to Mr. Popple. Reply to 23rd. The
Lords of the Admiralty have no cognizance of the power given
by H.M. to the Governors of his foreign Islands, or Plantations,
to grant commissions ; and as to the ships, or vessels
commission'd, as privatiers, or with letters of mart, or reprisals,
or those hired to serve H.M. as tenders, or otherwise, their
Lordships regulate themselves by her late Majesty's Proclama-
tion, 18th Dec., 1702, directing what colours shall be born, as
well by ships, or vessels, belonging to merchants, as others
which are not of the Royal Navy, in which Proclamation their
Lordships do not find any Jack in the form of that directed
by H.M. to be born by ships commissioned by the Governor of
New England, by the aforesaid 51st article of his Instructions.
Signed, J. Burchett. Endorsed, Reed. 30th Jan., Read 3rd
Feb., 17ff. Addressed. Ipp. [C.O. 5, 871. ff. 11, llv, 12i>.]
40. Mr. Conduitt to Governor Montgomerie. The English
Copper Company who have contracted to supply H.M. mint
with fine copper etc., have informed me that it will hardly be
possible for them to continue to furnish so good copper as they
have hitherto done, unless they can procure a sufficient quantity
of New York oar etc. Recommends them to his protection and
favour. Concludes : If in return your Excellency desires any
halfpence for the use of your Government they shall be delivered
to your order here at the Mint price etc. Signed, John Conduitt.
f pp. [C.O. 5, 1093. /. 130.]
AMERICA AND WEST INDIES.
19
1730.
Feb. 2.
st. James's. ward Islands, for raising a tax on negroes for erecting a court-
house etc. Signed, Ja. Vernon. Endorsed, Reed. 30th May,
pp. [C.O. 152, 17. ff. 140-141*;.]
41 . Order of King in Council. Confirming Act of the Lee-
Read 4th June, 1730.
Feb. 2. 42. H.M. Warrant appointing Philip Courtland to the
Council of New York, and dismissing Lewis Morris. Counter-
signed, Holies Newcastle. [C.O. 324, 36. p. 193.]
Feb. 2. 43. Col. Dunbar to the Duke of Newcastle. Has taken a
St. James's, long journey through the woods in N. Hampshire and the town-
ship of Berwick in Maine. Continues : In each I found very
great destruction made this winter among the mast trees, tho'
but little in comparison of what has been usually done in the
winter season which is the logging harvest, for there are some
people who are not to be restrained by any laws or orders and
those are encouraged by others who say that the King has no
right to lands or woods in those Provinces ; upon the encourage-
ment which I took upon me to give of promiseing a gratuity to
an informer equal to the penalty mentioned in the late Act of
Parliament for preserving the woods, I have had many informa-
tions, and have had a Court of Admiralty at Portsmouth, N.H.,
21st Jan., where one man was convicted for cutting a mast
36 inches diameter, he was able to pay his fine, 50 sterl., but
has 20 days by the Act to pay it. I wrote to Mr. Jaffrey the
Deputy Judge of the Admiralty to pay the whole to the in-
former ; he told me that as one moyety belonged to H.M., he
could not pay it without a proper order. Requests that the
Judge may be ordered to pay it accordingly in the presence of
the Governour and me in open Court takeing a deposition from
the informer that ye money soe payd him is for his own proper
use and advantage without promising or designing to share it with
any body etc., first, that it may not be imagined I am to have
any part of it, and next, that as it is rumoured that this informer
is to devide ye sum with the person convicted, who is to have
the whple made good to him by his confederates for not dis-
covering them for cutting 75 more large trees in the same place
and time he was accidentally seen to cutt the tree for wch.
he is convicted. I have advanced part of ye reward to the
informer, the moment sentence was passed to encourage others,
and it had that good effect that I had occasion at the same place
to desire a court on Wednesday last, where several were tryed,
and the whole adjourned to another Court to be held there
the 17th instant, it was putt off upon a doubt with the Judge
whether he could legally give sentence for cutting trees 14
months agoe, because the Act of Parliament says that it may
be done within 6 months after the fact committed. I told the
Judge that those trees were libelled and the libell allowed by
him to one of my Deputys within 4 months after the fact, and
20 COLONIAL PAPERS.
1730.
for want of sufficient proof adjourned from time to time, without
a retraxit, and as the Court of Admiralty is allways open I
hoped he would proceed to give sentence according to the
evidence I then offered him, which was as full as the law directs,
he desired I would procure him the opinion of the King's
Advocate here, Mr. Auchmooty as to the point of law, by which
he would be governed at next Court, upon which, as the roads
into the woods are now impracticable by an excessive snow
which fell 19th Jan., etc., I could not take a second journey into
the woods as I intended to see many hundred yoke of oxen
drawing timber on sleads upon the snow wch. in the woods is
level. I came hither with much difficulty and danger on
Saturday night last, and finding this oppertunity of a vessel
to Bristoll have not yet had time to wait upon ye Advocate
for his opinion, and I am the more anxious to write to your
Grace by this vessel in hopes it may arrive in time to have an
amendment to the late Act in some particulars, vizt., (i) the
King's Officer must prove that the trees have been cutt within
6 months, wch. is very difficult, the onus probandi upon the
offenders being onely as to place where, whether private
property or noe. (ii) King's wittness with a citation in his
pocket has been arrested at the Court door, and ye King's
Officer obliged to pay the debt least others should be terrifyed
thereby from appeareing ; ye country will make no law to
protect wittnesses as in England, with subpoena's, (iii) The
King in this country has not the same benefit of the law as a
private man, for by a law here if any man suspects another, he
can oblige the person to purge himself by oath, and if he refuses
he is deemed guilty, if people were obliged to do the like for the
King it would greatly checque them, (iv) Upon breaking up of
the last Court sevll. were heard to say that if they must not
cutt trees, they would girdle them, and then the King might
take them, girdleing is to cutt 3 or 4 inches in breadth of the
bark quite round, to prevent the sap riseing, wch. would
immediately destroy the tree and ye worm gett into it, so yt.
it would onely be fitt to make boards. This action in my
humble opinion deserves to be made fellony. (v) When stand-
ing trees fitt for H.M. service are marked with the broad 4v
for the King, the people in contempt do cutt downe such trees,
and in derision to the King's Officers they put the like mark
on trees of other timber and of no value, (vi) A great number
of loggs seized, marked and condemned by due course of law,
have since been openly taken away and sawed into boards and
lumber etc. Asks for some assistance in writing reports as
directed in his Instructions. The Agent for the Contractor to
the Navy Board has refused to take above 100 large mast trees
wch were seized and condemned, as part of his numbers
contracted for etc. I made a formal application to the Governour
etc. Encloses copies to show how the Governor and he are
AMERICA AND WEST INDIES.
21
1730.
used, when endeavouring to act for H.M. service etc. Continues :
The river of Piscatua parts the Provinces of N. Hampshire and
Maine. Maine belongs to the Massachusets Governmt., and
has many forests of fine masts which when cutt must be brought
into Piscatua River, and if any person on that side even at
Casco, or 20 miles farther east, trespasses contrary to the Act
for preserving the woods, they must, as well the offenders as
wittnesses, and the Surveyors come to Boston, wch. is 140
miles, and at this time quite impracticable, and here be tryed by
a poor superannuated gentleman near 80 years old, who has
already distinguished himself very partiall to the country, so
that I have no sort of encouragement to cite offenders before
him, his name is Byfield, and has a power of deputation, by
vertue whereof he has appointed Mr. George Jaffrey Deputy
Judge of the Admiralty for N. Hampshire, that gentleman is
of the Council there, a man of fortune and good understanding
and allways respectfull to H.M. Instructions to his Governours,
and zealous in his interest. I am sure it would be greatly for
the King's service that this gentleman was independent of Mr.
Byfield, Judge of the Admiralty for N.H. and Maine, and Mr.
James Jeffry Advocate, they are no relations nor write their
names alike, there are other officers of the Court who may be
named by the Judge, the tryals may be in one or both provinces,
being only separated by a river little broader than the Thames
at London. If H.M. approves of this, I hope with these Gentle-
men's assistance soon to putt a stop to the destroying the masts
etc. In my last journey through the woods I have seen in-
numerable fine trees, many now fitt, and others likely to be so
for the Royal Navy, but they are 8, 9, 10 and 12 miles from
water-carriage, but 120 oxen make nothing of them on sleds
upon the snow. I have been thinking of an expedient to
save the mast trees without expence to H.M. and so make my
imployment useless, etc. Proposes that H.M. should give a
premium of 10 to 255. to owners of land when he had occasion
to take trees for the Navy, of which each township or proprietor
should supply a list etc. Asks if and how his expenses are to be
allowed' etc. Learns from Georgia that the people are very
healthy, often visited by stragling Indians and impatient for
his return, as he is for instructions about it. Has encumbered
himself greatly for provisions and necessaries for the settlement,
but is almost repaid by labour in clearing and improving land ;
but if the settlement is baulked, this will be lost and he will be
ruined etc. Signed, David Dunbar. 12 pp. [C.O. 5, 898.
No. 68.]
Feb. 2. 44. Mr. Burchett to Mr. Popple. Encloses, for information
Admiralty of the Lords of the Admiralty, extract of Col. Dunbar's letter
Office. an( j Proclamation. Signed, J. Burchett. Endorsed, Reed.
3rd Feb., Read 6th May, 1730. 1 p. Enclosed,
22
COLONIAL PAPERS.
1730.
Feb. 3.
Boston.
44. i. Extract of letter from Col. Dunbar to Mr. Burchett.
Duplicate of Dec. 10, 1729. 1 J pp.
44. ii. Copy of Col. Dunbar's Proclamation (v. Dec. 10 end. i).
[C.O. 5, 871. ff. 96, 97-99i;., lOlt;.]
45. Col. Dunbar to Mr. Popple. Abstract. Refers to letter
of Dec. 29 etc. Continues : I sett out on a journy thro' the
woods in Main and New Hampshire etc., where I have seen many
forests of large white pine trees fitt for the Royal Navy, in the
townships of Exeter, Nottingham, New Market, Rochester, Dover
and Berwick, all about the several branches of head of Piscatua
River, wch. are sufficient for the Royal Navy for many years,
in my journy I found some wast committed this winter wch
is the logging season, besides the masts offered to the under-
taker, and when I was at Portsmouth in New Hampshire, and
the undertaker at his house within 2 miles of the towne I applyed
to Governr. Wentworth to give me an opportunity to make a
formal tender of the said masts for H.M. use, a copy of wch.
application and the answer thereto I herewith send you, and
submit it to my Lords Commissioners for Trade and Plantations
how the Governour and I are treated in this answer etc. His
necessary occasions he complains to be called from to answer
my tenders, was but 2 small miles from the Governour's house,
and the offer he makes me of paying as much as he receives
if I will put them on board in the river Piscatua is about a
fifth part of what the contractor receives at home, and this too
to be paid in rumm, molasses and course goods, in wch. the
workmen are payd ; this treatment is to make me uneasy with
designe to have the imployment between the Agent and under-
taker, that they may be under no contract, and then work their
saw mills at pleasure etc. Upon the Agent's refusal, he ordered
the trees to be barked, and will send them to England. They
will serve for merchant ships, even if they are not thought fit
for the Navy etc. Continues : I found some other wasts
committed lately among the mast trees, and upon the promise
of a reward, wch. I published in the printed paper I sent you,
I had information against one man for one tree of 36 inches
diameter, and had him fairly convicted at a Court of Admiralty
in New Hampshire, and fined 50 sterl. I had another Court
on Wednesday last, and the matter before it, was adjourned to
the 17th instant, to have an opinion upon a point in dispute
with ye Judge, from Mr. Auchmuty the King's Advocate here,
there are unavoidable expences attending these prosecutions,
for wch. I have no fund etc. Desires to know how he is to be
re-imbursed. His predecessors had travelling charges allowed
them. His deputies undergo great fatigue and their salary
does not maintain them. He is obliged to employ more than
he is allowed and to pay them out of his own pocket for, as
matters stand at present in relation to the country people and
AMERICA AND WEST INDIES. 23
1730.
the woods, fifty deputys cannot guard them, nor can they travel
without a guide etc. Refers to his letter to the Duke of Newcastle,
and hopes his proposal therein will be approved. No man
would covet his employment long and execute it honestly etc.
He was twice last week in great danger of being smothered
in snow, his horse sunk in, all but his head. Yet he must be
in the woods again and at the Court of Admiralty at Portsmouth
on the 17th instant. Hopes to have orders by the first ships
for the detachments from Col. Philips' regiment to attend him
when making his survey of lands to be reserved for the Navy,
as it is impracticable for him to go into the country and the
woods without them, " for tho' in the new Province of
Georgia the Indians and I have a good understanding and I
am under little or noe apprehensions of any disturbance from
them in makeing ye settlements, if they are to go on, yet in
Nova Scotia I do not hear that the people in their garrisons
dare venture to go at any small distance, and are even insulted
in their garrisons." Desires that the transport and provisioning
of such detachments may be considered. He has proposed to
the Treasury and Admiralty that he be allowed to build and
maintain a small vessel, but fears he has no interest to prevail.
Continues : " It is a pleasure to me to find that upon my applica-
tions at home to the Lords of the Admiralty their Lordships
have directed some oak from these countrys to be sent home
for the Royal Navy, there is abundance of it, but everyone at
liberty to cutt and use it, great quantitys are yearly sent to
. Cadiz for the King of Spaine, wch. I am disturbed at, but have
noe power over it, as no reservation is made of any but white
pines in the Act of Parliament, and even for them there are
defects in the Act" etc. Fears he may be thought at all the
offices to be giving too much trouble etc. Signed, David Dunbar.
Endorsed, Reed. 21st March, Read 6th May, 1730. 6| pp.
Enclosed,
45. i. Col. Dunbar to Lt. Governor Wentworth. Portsmouth,
Jan. 9th, 1729 (30). Proposes to offer some trees
found cut and seized by him and his deputies in New
Hampshire, to the Agent for supplying masts etc.
for the Navy, without any expence for them as they
lye upon the ground, and requests him to send for the
undertaker for said Agent and give him an opportunity
of making such tender to him, and to attest his answer,
and allow him (Col. Dunbar) to protest against the
Agent upon refusal, as both he and the agent have done
at Boston. If he does so refuse, asks advice as to what
he shall do with the trees etc. Signed, David Dunbar.
Copy. 1J pp.
45. ii. Lt. Governor Wentworth to Col. Westbrook. Jan.
12th, 1729(30). I believe it for H.M. service that those
masts now tendered you by Collo. Dunbar be made
24
COLONIAL PAPERS.
1730.
use of by bawling out of the woods and shipping them
home for England as a part of your contract, you
receiveing them as they lye in the woods without any
charges etc. Signed, J. Wentworth. Copy. f p.
45. iii. Col. Westbrook to Lt. Gov. Wentworth. Ports-
mouth, Jan. 13, 1729(30). Refuses tender of trees
(No. i), and expresses surprise that, after the Agent's
refusal referred to, he, the undertaker, should be
called in from his necessary occasions and threatened
should he refuse this second tender etc. States,
among other reasons for refusal, that the port at which
he has to deliver masts, Falmouth, is 80 miles distant
from said trees, and there are all his oxen, tackle,
and a good part of his contract provided etc. Offers
however, if Col. Dunbar procures any person to enter
into bonds to provide a shipload of masts this season,
agreeable to the dimensions mentioned in the contract,
that such person shall be paid the full of what he has
agreed for with the agent of Mr. Ralph Gulston, the
Contractor, and that a ship shall come into Piscataqua
River to receive them etc. Signed, Tho. Westbrook.
Endorsed, Reed. 21st March, 17f&. Copy. 5f pp.
[C.O. 5, 871. ff. 102-109*;.]
Feb. 3. 46. Council of Trade and Plantations to the King. Your
Whitehall. Majesty having been pleased to appoint a Governor over your
Province of North Carolina etc., propose that H.M. order a publick
seal for that Province etc. [C.O. 5, 323. /. 13.]
Feb. 4. 47. Mr. Popple to Governor Johnson. My Lords Corn-
Whitehall, missioners having your Instructions under consideration,
particularly that in relation to the emitting of paper money,
command me to send you the following queries, upon which I
am to desire, you will consult the merchants trading to South
Carolina etc. : (i) What number of bills are now circulating
in S. Carolina, and to what value ? (ii) What is the fund estab-
lished for repaying them? Has that fund ever been broken into?
(iii) For what services were they raized ? (iv) To what use
have they since been applyed. (v) How long will it be before
the present bills can be discharged ? (vi) Is there at present
any necessity for a paper currency ? If any, for what value ?
(vii) And what is the reason of such necessity ? (viii) What
fund can be proposed to prevent their being at discount? [C.O.
5, 400. pp. 271, 272.]
Feb. 4. 48. Mr. Popple to Mr. Burchett. In reply to Dec. 30th,
Whitehall. 1729, quotes correspondence and procedure relating to flags for
ships commissioned by Governors (v. C.S.P. 1701. Nos. 552 i,
629 i, 682, 682 i). Concludes : My Lords had no doubt in
AMERICA AND WEST INDIES. 25
1730.
relation thereto, but only desired to know whether ye Lords
of the Admiralty have any objection to the Governor's wearing
this Jack, when he shall be upon the water in his own barge,
within his Government. [C.O. 5, 916. pp. 264, 265.]
Feb. 4. 49. Col. Dunbar to the Duke of Newcastle. Yesterday
arrived a ship in a month from Cork the Master reports that
Mr. Belcher, a merchant of this towne is appointed Governour
etc. The people are much alarmed at it, particularly the Gentle-
men of the Council against whom he declared war, when he
undertook to go to England as Agent for the House of Repre-
sentatives against ye late Governour and Council, and was
allways a declared enemy to all Governours except Mr. Shute
who was of his own religion, an Independent ; the clergy and
people of the Church of England in Boston are in great dread
least ye report should be true, Mr. Belcher having upon all
occasions shewne himselfe most virulent against them, and could
not forbear even to those who had busyness at his shop or
warehouse, to upbraid them for not goeing to lectures. I was
once in company with him before I left London, and discoursing
of the differences in New England I sayd their behaviour would
draw the resentment of the Parliament upon them, and I
instanced what was done in relation to Ireland about ten years
agoe, the same that Mr. Burnet mentioned in the last message
he sent to the General Assembly, his answer was ihakfelo de se
was the worst kind of murder. In this towne of Boston are
2 churches, one of them is called the King's Chapel, and ye
Minister has a sallary from home, in it there is a handsome seat
for the Governour, with the King's arms over it ; if Mr. Belcher
is Governour ye like will be put up in an Independent meeting
House. I hope it is not soe, for I am sure from my own observa-
tions here that it will not be for H.M. service to have any native
of this country appointed Governour, even tho' he were of
the Church of England. Since this report I have been insulted
and abused and called a land pirate for what I have done at
Georgia, now that they have a Govr. of their owne as they
say. 'P.S. Mr. Belcher some time since married a daughter
to one Mr. Loyd, a churchman, obliged him to promise he would
never more go to the church of England, saying he wood rather
cutt off his daughter's legs than marry her to a man of ye church,
this a fact wch. he cannot deny. Signed, David Dunbar.
2 pp. [C.O. 5, 898. No. 69.]
[Feb. 4.] 50. Merchants trading to S. Carolina to the Council of
Trade and Plantations. The yearly exports of said Province
amounts to upwards of 100,000 sterling, and the present
paper bills being about 100,000, does not amount to more
than 15,000 sterling. In regard the Province is already under
a very heavy debt, occasion'd by their late Indian war, and the
26 COLONIAL PAPERS.
1730.
forces they are still obliged to keep in pay upon their frontier,
pray the Board to recommend that H.M. allow the Assembly to
call in all the old bills, and in lieu thereof to stamp and issue
100,000, and no more in new bills of credit, and that the law
now subsisting for sinking the paper currency, may be suspended
for seven years, and the sums arising thereby annually apply'd
towards the buying of tools and provisions for such poor Pro-
testant people that will go and settle there. Signed, Jos.
Wyeth, John Hewlett, Wm. Wragg, and 18 others. Endorsed,
Reed., Read 4th Feb., 17fft. 1 p. [C.O. 5, 361. ff. 48, 480.]
Feb. 5. 51 . Council of Trade and Plantations to the Committee of
Whitehall. t ne Privy Council. Pursuant to Order of 18th Dec. last, enclose
following draughts of Instructions to all H.M. Governors in
America, except only the Governor of Bermuda, who has by
his 28th Instruction, the profits accruing by the licences granted
for the fishing of whales in lieu of 100 per annum, part of his
salary etc. Submit, that, if a similar Instruction is sent to him,
it would be reasonable that he should receive the said 100 pr.
ann. in such other manner as H.M. shall please to appoint.
Annexed,
51. i. Draft of H.M. Additional Instruction to Governors of
Plantations. Whereas for some years past the
Governors of some of our Plantations have seiz'd and
appropriated to their own use the produce of whales
of several kinds, taken upon those coasts, upon pre-
tence that whales are royal fishes, which tends greatly
to discourage this branch of Fishery in Our Plantations,
and prevent persons from settling there ; It is there-
fore Our will and pleasure, that you do not for the
future pretend to any such claim, nor give any manner
of discouragement to the Fishery of H.M. subjects upon
the coast of the Island . . Province . . under your
Government, but on the contrary, that you give all
possible encouragement thereto. Signed by H.M.
6th March, 17M. [C.O. 324, 11. pp. 160-162.]
Feb. 5. 52. Mr. Fane to the Council of Trade and Plantations. In
reply to 30th May, 1729, thinks there is no material difference
between the two Acts of 1728 and that of 1713. Signed, Fran.
Fane. Endorsed, Reed. 6th Feb. 17f|. Read 16th June,
1731. f p. [C.O. 5, 972. ff. 208, 211z;.]
Feb. 6. 53. H.M. Warrant re-appointing Peter Forbes Provost
St. James'. Marshall, Jamaica, in the room of Alexander Forbes, deceased.
Countersigned. Holies Newcastle. [C.O. 324, 50. pp. 6, 7 ; and
324, 36. p. 194.]
AMERICA AND WEST INDIES.
27
1730.
Feb. 8.
Feb. 9.
Charles
Town,
Council
Chamber.
Feb. 11.
Feb. 11.
Westminster.
Feb. 12.
Whitehall.
54. Memorial of loss and damage (8008 11s. sterl.) sustained
by the Royal African Company by the taking of 251 negroes
and provisions consigned to Jamaica on board the Unity
captured by a Spanish guarda costa July 1722, off Tiberoon etc.
Covering letter for Frances Lynn to Mr. Popple. African House,
Feb. 8, 1730. 1 p. Enclosed,
54. i-xvi. Invoices and correspondence relating to foregoing.
Copies. 78 pp. [C.O. 388, 92. Nos. 19, 19 i-xviii.]
55. Address of the President and Council of S. Carolina to
the King. We your Majesty's most dutifull and loyal subjects
being truly sensible of the benefits we receive by your Majesty's
great goodness in purchasing the soyl of this Colony, begg leave
to address your sacred person with our utmost acknowledgments
and thanks for the accomplishment of that blessing which has
been so long wished for and desired etc. We assure your most
sacred Majesty of our being most firmly and sincerely attached
to your Royal Person and your most Illustrious House etc.
We shall always endeavour to support and maintain your Royal
Prerogative etc. May your Majesty, together with your Royal
Consort, be evermore the delight and glory of all your people etc.
Signed, AT. Middleton, P., Ra. Izard, Wm. Bull, Fra. Tonge,
Char. Hart, A. Skene, B. Schenckingh, Benja. De la
Conseillere. Endorsed, (Original sent to the D. of Newcastle)
Read 15th April, 1730. Copy. 2 pp. [C.O. 5, 361. ff. 90,
90u., 91v.]
56. Resolution of the House of Commons. Address H.M.
for papers and proceedings of the Board of Trade relating to
the French settlement on Sta. Lucia to be laid before the House.
Copy. \ p. [C.O. 253, 1. No. 41.]
57. H.M. Letters Patent appointing Edward Bertie and
John Hammerton Secretary and Register of S. Carolina.
Copy, dated Oct. 12, 1731. [C.O. 324, 49. ff. 72-75.]
58. Duke of Newcastle to the Council of Trade and Planta-
tions. Having laid before the King the inclosed affidavit etc.,
His Majesty commanded me to refer it to your Lordships for
your consideration, and that you may report a state of the
case as it shall appear to you, and how far the French by this
proceeding may have been guilty of a breach of the Law of
Nations, and of the Treatys subsisting between the two Crowns ;
whereupon H.M. will send the proper orders to his Minister at
the Court of France. Signed, Holies Newcastle. Endorsed,
Reed., Read 13th Feb., 17f. 1 p. Enclosed,
58. i. Deposition of Thomas Hodgskins, Carpenter, of St.
Christophers, and Walter Chapman, St. Christophers.
Sworn before Lt. Gen. Matthew. 19th Nov., 1729.
28 COLONIAL PAPERS.
1730.
Hodgskins deposes that, being on the island of Sta.
Cruze and belonging then to the sloop Chance (owned
by Francis Phipps of this island), which he was to
freight for shares with the master, Walter Chapman,
on 22nd Sept. last being on board the said sloop at
the salt river on the n. side of the island, he did see
in the offing a large ship and a sloop standing first
down along shore to the westward, but the sloop, as
deponent imagines, discovering the Chance bore away
and run under the ship's stern, and then, as if she had
received orders from the ship, stood in for the harbour
where deponent was, which making deponent appre-
hend she might be a Spanish privateer he immediately
left the sloop and got into the boat with another man
and a boy to get on shore two small guns which had
been mounted for protection of their sloop on a point
of land at the harbour's mouth, and fired one to alarm
the island and call in the English wood-cutters to
his assistance. In the mean time the strange sloop
was come in within shot of the guns having hoisted
a small bit of a Jack at her Jack staff, which though
all white he could not distinguish from Spanish colours
worn in these parts by their privateers, which to deceive
the English are only distinguished from French colours
by a red cross so very small as not to extend above
3 inches ; under these apprehensions deponent fired
a shot ahead of her, but she still continued to make
the best of her way to the Chance, and then deponent
fired a second shot to hit her but did not hull her,
then she put about and stood out again, till she met
with two boats coming from the ship to her assistance
full of men, and then Chapman, who had all this time
continued aboard her, called to deponent to come on
board to assist him to get his guns up that were then
in the hold etc. By the time deponent with two or
three men came on board, the strange sloop, having
spoke with the two boats, had put about in order to
come into them etc. They fired at her, but the shot
went ahead of her, and they continued firing three
more at her, but she still running in for them, they
cut the sloop's cable and ran her on shore etc. The
Chance taking a heel so as that they could still point
their guns at the strange sloop etc., but they did not
fire at her, she in coming in having run on the bar
that lyes with the harbour's mouth, but two boats
from the strange ship coming to her assistance she
got off etc., and sent her canoe to the Chance. In the
mean while deponent was busied at drowning and
hiding the sails and geer and the goods and apparel
AMERICA AND WEST INDIES. 29
1730.
belonging to him and others etc. Chapman confirms
preceding, and adds that the said canoe came on board
and ordered him, the master, to go on board the strange
sloop. In the canoe were two Frenchmen and Thomas
Brett, an inhabitant of Spanish Town. Deponent
asked them who they were. They answered French.
He replied he would not quit his sloop to go on board
them, if their master had any business with him he
might come on board him. Very soon after he saw
two boats or lances coming in for him full of men,
and Brett telling him he had heard them on board the
sloop threaten, that they would cut deponent in pieces,
or some such words, he got on shore and took to the
woods for shelter, carrying a negro of Col. Phipps, his
owner, lest he should fall into his hands. In the mean
while Hodgskins got on board from drowning the sails,
and deposes that 100 men got on board from the two
lanches etc., and taking him to be master, demanded
his papers etc. He answered he had none, upon which
they run into the cabin, and begun to plunder and
ransack, but the officer with them, who proved to be
the second Lieutenant of the ship which was after-
wards known to deponent to be a French man of war,
prevented their doing any further mischief for some
time. The said Lieutenant called other officers that
were with him to consult with them (and as deponent
imagines) they speaking French which he could not
understand, they seemed to make the formality of a
court, and condemn the vessell as lawfull prize, and
then came to deponent and the Chance's crew that were
then on board with drawn scimiters and swords,
making signs that they would kill them, if they would
not discover where the sails were hid, and even
clapped a rope round deponent's neck, threatening to
hang him immediately ; and then one Henry Herbert,
son to Joseph Herbert of St. Christophers being
frigtned, and as he thought to save his life discovered
where they were hid under water etc. They then got
the Chance under sail to get out of the harbour, but
for want of a pylot run her on the bar, etc. They
threatened deponent and his comrades to scourge and
even kill them if they did not pylot her over the bar,
which they persisted not to do. At midnight they
took them on board the French sloop. Deponent
happened to know the master of the sloop, whose
name is Quitelle, a Creole of Martinique etc., who
received him in a friendly manner, offering him a
dram to refresh him etc. Next morning the French
in their boats went again into the harbour, and fell to
30 COLONIAL PAPERS.
1730.
plundering and ransacking two other English sloops,
that then were there, both belonging to St. Chris-
tophers, etc. They cut away their masts and burned
them to the water, then weighed anchor both in the
French sloop and Col. Phipps's sloop and went out to
sea after the French man of war, and anchored by
her off the west of Sta. Cruz. Next morning, 24th
Sept., he and the other Englishmen were carried on
board the man of war, which he found to be a 54
gun ship, as the gunner, an Irishman, told him, but
deponent does not think she had so many mounted etc.
She had several cattle on board, and many passengers
etc., going from Martinique to St. Domingo, amongst
the rest a daughter of Mrs. Renoult of St. Christophers,
said to be come from France etc. The Captain enquired
of deponent what he came to Sta. Cruz for, to which
he answered he came to cutt some small timber to
build him a house, he also charged deponent with
being master of the sloop, but deponent convinced
him he was not etc. He put two men as sentries
with drawn swords over him for about 4 hours, and
then ordered him to be put on shore, but refused to
let him have his cloaths that had been taken from him
etc. Deponent asked the Captain the reason of their
behaviour, to which the Interpreter answered that
it was by the King of France's order, which also was,
that he should make a demand of the island.
Deponent being on shore and about 100 of the ship's
company, an officer with about 12 soldiers were sent
with him into the country to find out some of the
English wood-cutters inhabitants there, and deponent
was required to get some of them to go on board upon
assurances no hurt should be done them, but he losing
the way at last brought them to the house belonging
to one Scils an Englishman. Describes how he told
Scils and another inhabitant, John Pope, not to
apprehend any hurt and how they went on board the
man of war and were civilly treated etc., and next
morning he and they were put ashore. The man of
war on 26th Sept. sailed with the sloop Chance and
those of her crew they took on board her, among the
rest a negro belonging to Col. Phipps, and the aforesaid
Herbert, to whom they had promised freedom on
discovering where the sails were, and having taken
off Sta. Cruze 5 other negro slaves all belonging to
H.M. subjects, inhabitants of Tortala and Spanish
Town etc. Signed, Thomas Hodgskins, Walter Chap-
man. Endorsed, In Mr. Burchett's of Jan. 28, 17&.
Copy. 11 pp. [C.O, 152, 17. ff. 119, 120-125*;., 1261;.]
AMERICA AND WEST INDIES.
31
1730.
[Feb. 13.] 59. Merchants trading to the British Colonies in America
to the Council of Trade and Plantations. Replies to queries
by the Board as to the amount, purposes and sinking fund of
the South Carolina bills of credit, cf. Feb. 4 and 14th Aug.
1729. Endorsed, Reed. 13th Feb., Read 12th March, 171ft.
2 pp. [C.O. 5, 361. ff. 55v.-56v.]
Feb. 14. 60. George Jaffrey to Col. Dunbar. Questions as to penalty
Portemo. for cutting down mast trees, etc. Signed, Geo. Jaffrey. En-
dorsed, In Col. Dunbar's of Feb. 27. 2 pp. [C.O. 5, 10. No.
29.]
Feb. 15.
Port Antonio
in Jamca.
Feb. 17.
Whitehall.
61 . Governor Hunter to the Duke of Newcastle. Acknow-
ledges receipt of letter of 9th Sept. with Order concerning
Lynches Island etc. Continues : I am to meet the Assembly
on 5th March and doubt nothing of obtaining an Act vesting
the rest of the island absolutely in ye Crown, I mean ye remaining
part of it which the Lords of ye Admiralty had not purchas'd,
it having by a former act been sett apart for ye use of the town
of Titchfield. I had granted no part of it, foreseeing the use
it might be turn'd to for the services of H.M. ships of war in
these parts, and had told Mr. Stuart who is here upon the place
and much pleas'd with it, that I would do my best to procure
such an act etc. Continues : Here are at this time five ships
of war in ye west harbour, some cleaning by the shoar and all
their crews in good health. Mr. Stuart has been very particular
in his letters to ye Lords of Admiralty etc. He is very busy
in building storehouses laying in materials for wharf ing etc.,
and ev'rything goes on with a promiseing appearance both as
to the harbours and setlements. I strugle with much opposition
but am not easily tyr'd out in what I believe I am aiming at
for H.M. service to wch. I have devoted the remains of my
life, and ye publick utility. When I arrive on ye other side
your Grace shall hear more minutely from me. I hope you
believe that I am wt. a most sincere heart and all imaginable
honor and gratitude My Lord, your Grace's most humble
and most faithfull servant, Signed, Ro. Hunter. Endorsed,
R< June 8th. Holograph. V\pp. [C.O. 137, 53. ff. 192-1 93v.]
62. Council of Trade and Plantations to the Duke of New-
castle. In reply to 12th Feb., enclose following to be laid before
H.M. etc. Annexed,
62. i. Same to the King. We have considered the affidavits
of Hodgskins and Chapman etc. (v. 12th Feb.). Con-
tinue : Upon this occasion, we take leave to represent,
that if this matter be considered simply in the light
of a seizure made by a French man of war, on a vessel
belonging to some of your Majesty's subjects, it would
be undoubtedly looked upon, as a breach of good
32
COLONIAL PAPERS.
1730.
friendship between the two Nations, in violation of the
Treaty of Neutrality in America (1686), and of all
the other Treaties of Peace and Commerce since that
time ; But if the merit of this question, is to turn
upon the right which either your Majesty or the French
King may have to the island of Sta. Cruz, we conceive,
it will be early enough to enter upon that disquisition,
whenever the French shall avow this action, and
attempt to justify it upon a pretence of right to the
said island. [C.O. 153, 15. jf. 44-46.]
Feb. 17.
Whitehall.
63. Duke of Newcastle to the Governor of Barbados. Col.
Selwyn, who enjoys by Patent the office of Chief Clerk, Register
and Sole Examiner in Chancery, at Barbados, employing Mr.
Dodsworth as his Deputy there, I beg that you will give him
your countenance and protection, and particularly that in case
his sickness or other necessary occasion should render him
uncapable of executing those offices in which he acts as Deputy,
his substitute may be allowed to do it for him, as has been
formerly practised ; your favour in this will much oblige me etc.
Signed, Holies Newcastle. [C.O. 324, 36. p. 195.]
Feb. 18.
Custom ho.,
London.
64. Mr. Carkesse to Mr. Popple. Governor Johnson having
represented to the Commissioners the necessity of making
Winyeau Bay (v. 2nd Jan.) a port of entry and the appointing
proper officers there, and the Commrs. being informed
that you have an exact map of that country drawn by Mr.
Burrington, they desire you will lend it them etc. and transmit
information relating to the trade of said Bay etc. Signed, Cha.
Carkesse. Endorsed, Reed. 18th, Read 19th Feb., 17|? T .
Addressed. I p. [C.O. 5, 361. ff. 50, 51u.]
Feb. 19. 65. Mr. Popple to Mr. Carkesse. Reply to preceding.
My Lords have received no informations [relating to the trade
. of Wynyeau Bay]. Col. Johnson has indeed informed the
Board, that many people are now settled upon Winyeau River,
that it would be necessary to lay out a town there ; to make a
port of entry and to appoint a Collector there. I send you
enclosed the map you mention, but must desire you will return
it etc. [C.O. 5, 400. pp. 272, 273.]
Feb. 19.
Whitehall.
66. Mr. Popple to Mr. Fane. Encloses for his opinion in
point of law 3 Acts of Jamaica, (i) to enlarge the time for collecting
the deficiency and poll tax etc. : (ii) to prevent dangers that may
arise from disguised as well as declared Papists ; (iii) for the
more effectual collecting the outstanding publick debts. [C.O,
138, 17. p. 288.]
AMERICA AND WEST INDIES.
33
1730.
Feb. 19.
67. Mr. Popple to Mr. Delafaye. Encloses list of papers
which the Board intends to lay before the House of Commons.
Continues : Of which those not already sent to your office
with some report from this Board, shall be copied that my Lord
Duke may be appriz'd thereof etc. The Board have not yet
any proper direction to lay these papers before the House, and
therefore I submit it to you, whether some signification of H.M.
pleasure, upon this subject, should not be sent to this Office.
Signed, Alured Popple. 1 p. Enclosed,
67. i. List of papers, 1719-1729, relating to Sta. Lucia
(v. preceding). Endorsed, " not yet quite settled."
2 f pp.
67. ii. Copy of preceding, with notes in Mr. Delafaye's hand
as to what proceedings were or were not taken upon
said papers. 3 pp.
67. iii. List of papers as above, as finally settled and delivered.
Endorsed, Rd. 20th Feb. 17f . 3 pp.
67. iv. Copy of preceding, with notes as No. ii. Endorsed as
preceding. 2^ pp. [C.O. 253, 1. Nos. 42, 42, i-iv.]
[Feb. 20]. gg. List of papers relating to Sta. Lucia, which were de-
signed to have been given in from the Secretary's Office, as
corresponding with those delivered by the Board of Trade,
preceding. Feb. 17|. In Mr. Delafaye's hand. 1| pp.
[C.O. 253, 1. No. 43.].
Feb. 20.
Whitehall.
Feb. 20.
Whitehall.
69. Council of Trade and Plantations to the Duke of New-
castle. It having been represented to us by Col. Johnson whom
H.M. has been pleased to appoint Governor of H.M. Province
of South Carolina, that the undermentioned great guns and
other stores of war are much wanted there, vizt. 40 great
guns 12 pounders for the bastions and line next the sea at
Charles Town, and 20 eighteen pounders with 12 sakers for
Johnson's Fort, 500 light muskts. and as many pair of
pistols, swords and pouches ; we desire your Grace will move
H.M. for His Royal pleasure relating to the said stores, which
we think necessary for the service of this Province. Auto-
graph signatures. 1 p. [C.O. 5, 383. Wo. 39 ; and 5, 400.
pp. 273, 274.].
70. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, two acts of Barbados, 1729, (i)for the better carrying
on, compleating and finishing the magazines at St. Ann's Castle,
and building a Town Hall and Goal in the Town of St. Michael ;
and (ii) for laying an imposition upon wines and other strong
liquors imported etc., in order to raise mony for payment of such
persons as are or shall be employed at the publick charge etc
[C.O. 29, 15. p. 125].
C,P. xxxvn 3
34
COLONIAL PAPERS.
1730.
Feb. 21.
St. James's.
71 . Order of King in Council. Ordering that a public seal
be prepared for N. Carolina etc. Printed, N.C. Col. Rec. Ill, 76.
Signed, Ja. Vernon. Endorsed, Reed. 24th Feb., Read 18th
March, 17f. 1 p. [C.O. 5, 293. ff. 3, 40.]
Feb. 21. 72. Order of King in Council. Approving Instructions to
St. James's. Governors not to seize and appropriate to their own use any
part or share of the produce of whales that shall be catcht on
their coasts etc., nor to give any manner of discouragement to
the Fishery of H.M. subjects but on the contrary to encourage
the same to the utmost of their power etc. Signed, Ja. Vernon.
1 p. [C.O. 5, 192. /. 437 ; and 323, 9. ff. 39, 40i>.]
Feb. 23.
Admiralty
Office.
73. Mr. Burchett to Mr. Popple. Reply to 4th Feb. I am
commanded by their Lordships to acquaint you that by the
patents of the Lord High Admiral, or Commissioners for
executing that office, they are fully invested with the sole
power of Admiralty, not only in these parts, but in H.M. Foreign
Colonies, and Plantations also, and therefore they do not conceive
how any Governor abroad can grant commissions to the masters
of ships, without directly interfering with the authority granted
to them by the Crown, as aforesaid ; and since their Lordships
know not the contents of that part of the patent, or instructions
to the Governors, by which they are empowered to grant such
commissions, they desire the Lords Commrs. for Trade
and Plantations will please to order a copy thereof to be trans-
mitted to them. Signed, J. Burchett. Endorsed, Reed. 24th.
Read 25th Feb., 17|. Addressed. If pp. [C.O. 5, 871.
ff. 13, I3v,
Feb. 24. 74. List of papers relating to Sta. Lucia presented to the
Whitehall. House of Commons pursuant to their Address of llth Feb.
[C.O. 29, 15. pp. 126-128].
Feb. 25.
Whitehall.
75. Mr. Popple to Mr. Burchett. In reply to 23rd Feb.,
encloses following and requests speedy reply to Feb. 4th etc.
Annexed,
75. i. Extract of Commission to Governors for granting
Commissions to privateers etc. [C.O. 5, 916. pp.
265, 266].
Feb. 26. 76. Mr. Bladen to Governor Montgomerie. Recommends
London. to his favour and protection the English Copper Mine Co. etc.
(v. Jan. 31). Signed, M. Bladen. \p. [C.O. 5, 1093. /. 181].
[Feb. 26]. 77. Petition of Daniel Hintze to the Council of Trade and
Plantations. Memorialist's father, who sollicited your Lord-
ships to bring a number of German families out of the Palatinate
to settle in Nova Scotia being dead and sending for memorialist
AMERICA AND WEST INDIES. 35
1730.
out of Ireland to be his chief assistant along with Georg Lewis
Went a native of that country who perfectly knows the whole
scheme laid by memorialist's father, thinks they can undertake
to bring the affair to perfection if encouraged by your Lordships
etc. Signed, David Hintze. Endorsed, Reed. Read 26th
Feb., 17|. 1 p. [C.O. 217, 5. ff. 140, 141w.].
Feb. 26. 78. Governor Belcher to the [?Duke of Newcastle]. My
Pall Mall. fi rs t application in the affair of H.M. Colony of Connecticutt
was to your Lordship etc. who referred me to my Lord Privy Seal,
etc., who told me he had nothing against [the petition v. 10th
Feb.], but thought it reasonable and prudent, that a bill shoud
be brought in. I then waited on Sr. Robert Walpole, the Duke
of Newcastle, my Lord Chancellor and Mr. Speaker, and delivered
each of them one of the petitions, and they didn't object. I
was therefore surprized that yr. Lordship and the rest of
the King's Ministers should be for having it delayed another
year, when that poor Colony is in the last confusion for want of
something from the Crown or the Parliamt. to quiet 'em in
their usage and law for setling estates of intestates. I have
my Lord been now near 12 moneths waiting here in behalf of
that Colony on this business, and as it is their united desire, and
no opposition is, or will be, made to it, I believe such an act
woud easily go thorro'. I therefore humbly beg your Lordship
to consider the matter, and to have compassion on the Colony,
which will be undone without some speedy reliefe, and this is
the method my Lord Chancellour advisd me to. However if
your Lordship better approves to petition the King for some
proper act to be past in Council, that the people there may be
quiet in their usage for 70 years past, I shall do in it just as
your Lordship shall direct me : as I have not neither will I
take one step without your Lordship's knowledge, or that shall
be disagreeable to you (or any of the King's Ministers) etc.
P.S. I beg leave to wait on your Lordship this evening. Signed,
Jonathan Belcher. Holograph. 3 pp. [C.O. 5, 898. No. 70.]
Feb. 26. 79. Petition of Sir Bibye Lake and Col. Edward Hutchinson,
in behalf of themselves and others claiming under them, to the
Council of Trade and Plantations. Refer to the Solicitor General's
report (v. C.S.P. 1717 No. 261), upon which Mr. Coram's petition
for a grant of land E. of Kennebeck River (in which was included
Arrowsick Island and other lands purchased by petitioner's
grandfather etc. and confirmed by the Genii. Court of Boston
and the Crown) was dismissed. Afterwards Mr. Coram
petitioned the King in Council before whom petitioners and all
other parties were heard and Mr. Coram's petition was there
also rejected. Petitioners have since the Peace of Utrecht
expended severall thousand pounds in making settlemts.
buildings and fortifications and many familys have been long
36
COLONIAL PAPERS.
1780.
and are at this time there settled and others have made pro-
posalls for that purpose. But a stop has lately been putt
thereto by Col. Dunbar, Surveyor Genl. of H.M. woods, under
pretence of Instructions from H.M. and your Lordpps. to make
settlemts. within petitioners' limitts etc. to the great dis-
turbance and discouragement of families already settled etc.
Pray that Col. Dunbar be restrained from making any settle-
ments or incroachments within petitioners' limitts or any lands
westward of Penobscott River all such lands being in ancient
property and from disturbeing petitioners or any claiming under
them in the settlements already made or intended to be made
on the river Kennebeck, and between the said river to the River
Penobscott. Endorsed, Reed. Read 26th Feb., 17f. 1 p.
Enclosed,
79. i. Lands claimed by above. (Cf. C.S.P. 1717. No. 261).
1 p. [C.O. 5, 871. ff. 15, 16,
Buildings.
[Feb. 26.] 80. Mr. Newman to the Council of Trade and Plantations.
Bartiet's Has received further Instructions from New Hampshire relating
to the boundary with the Massachusetts Bay, which he is ready
to submit to the consideration of the Board. Continues : The
Lt. Governor [Wentworth] assures me, that your Lordships'
Instructions for suspending all rigorous proceedings in collecting
taxes from those that live on or near the boundaries till they
are settled, have been strictly observ'd on the part of New
Hampshire, and wishes the same could be said of their neigh-
bours, who in a hostile manner came last summer, far within
the suppos'd boundaries of New Hampshire, and wounded
three or four Londonderry men, so that it was fear'd they would
die of their wounds. They hope by your Lordships' interposition
so great a grievance to H.M. subjects may be redress't under
the new Governor. This representation is made in the name
of the Province of New Hampshire etc. Signed, Henry New-
man. Endorsed, Reed. 26th Feb. Read 6th March, 17f|. 1 p.
[C.O. 5, 871. ff. 19, 20r.]
Feb. 27.
Boston,
New
England.
81. Col. Dunbar to the Duke of Newcastle. Refers to
complaint as to judge of the Admiralty, Feb. 2. Continues :
I am going to prosecute at a Court of Admiralty there ^.Ports-
mouth, N.H.] on Monday next, and if H.M. will be pleased to
give the whole penalty to the informer I hope it will be a
means to keep the people within bounds. Mr. Jaffrey the
Deputy Judge desires if your Grace is of opinion to alter the
present Comission of the Judge of the Admiralty that ye names
mentioned in his letter inclosed, may be the officers of that
Court for New Hampshire and Province of Maine die. P.S. They
have no sallarys that I know of, however if any fees are due
for their Commissions I will be answerable etc. Signed, David
Dunbar. Endorsed, R. May 4th. 2pp. [C.O. 5, 898. #0.71.]
AMERICA AND WEST INDIES.
37
1730.
[Feb. 27].
Col. Hope to the Council of Trade and Plantations. As a
late Governor of the Bermuda Islands, thinks it very material
that the Collector of Customs should be of the Governour's
Council, and recommends Robert Dinwiddie, present Collector, to
succeed Capt. Daniel Tucker, deed. etc. Signed, Bruce Hope.
Endorsed, Reed. 27th Feb., Read 12th March, 17f. Holo-
graph. 1 p. [C.O. 37, 12. ff. 36, 37v.]
[Feb. 28]. 83. Merchants trading to the British Colonies to the Council
of Trade and Plantations. In case what they have already
presented is not approved, submit following schemes, (i) That
the Assembly [of S. Carolina} have leave to print 30,000 on
parchment bills, which should be declared Proclamation money
made current in all payments, and the value or weight of plate
mentioned in said bills as in those in the New Jersey Govern-
ment, (ii) The old bills to be called in and new given in ex-
change at the rate of one to four, which will amount to 20,000
etc. (iii) The remaining 10,000 to be lent out on interest at
10 p.c. upon good land security, not above 200 to anyone, by
Commissioners, said interest and principle payable in silver at
6s. 10|d pr. oz. or rice at 10/s. pr. cwt., which will raise 1000
yearly to the publick. (iv) A tax of 1000 pr. annum to
be levied, (v) 1500 of this 2000 to be applied yearly for
sinking the new bills, the whole of which will thus be sunk in
20 years, the remaining 500 for salaries of the Commissioners
etc. (vi) A tender of 10/s. in the new bills or 1 cwt. of rice to be
lawful tender for 40s. for all debts contracted before the com-
mencement of this Act. (vii) The bills to be sunk to be drawn
annually by a child from a wheel or box etc. Endorsed, Reed.
28th Feb., Read 12th March, 17f. 2 pp. [C.O. 5, 361.
ff. 57, 57v., 5Sv.]
Feb. [ ].
March 2.
Whitehall.
84. H.M. Warrants appointing Mr. Rice Secretary and Clerk
of the Crown, N. Carolina. Copies. 2 pp. Printed, N.C.
Coll. Rec. III. 76. [C.O. 5, 306. Nos. 16, 17.]
85. Duke of Newcastle to the Governor of New York. The
English Copper Company who have contracted to furnish
H.M. Mint with fine copper, have represented that they shall
not be able to perform their contract in so good a manner as
they have hitherto done, without a sufficient quantity of New
York ore, and have desired me to recommend it to you, to grant
your favour and countenance to such persons as they shall
employ to purchase the said ore at New York ; this being
recommended by the Officers of the Mint as what may be of
use to the publick, I must desire you will assist ye said Com-
pany's Agents etc., so far as shall appear to you to be just and
reasonable. Signed, Holies Newcastle. [C.O. 324, 36. pp.
195, 196.]
38
COLONIAL PAPERS.
1730.
March 2.
Whitehall.
March 3.
Whitehall.
March 3.
Whitehall.
86. Same to Lord Harrington and Mr. Poyntz. Encloses
following received from the Admiralty etc. Continues : The
King would have your Excys. make the proper repre-
sentations to the French Ministers upon it, and desire that they
would have this matter enquired into and justice done thereupon,
if the case appears to be as it is represented. Signed, Holies
Newcastle. 1 p. Enclosed,
86. i. Deposition of Thomas Hodgskins. Copy of Feb.
12. No. 1.
86. ii. Deposition of Walter Chapman. Confirms above and
adds that, a canoe from the strange sloop came on
board the Chance, in which were two Frenchmen, who
commanded him to go on board the strange sloop, and
said they were French. Deponent refused, but in
fear for his life got on shore and took to the woods.
They began to ransack his cabin, but the second
Lieutenant of the ship, a French man of war, stopped
them until they had made the formality of a Court
and condemned the Chance as lawful prize, and got
her under sail, but ran her on the bar etc. Describes
how they were threatened and carried on board the
French man of war, whilst the French plundered two
other sloops belonging to St. Christophers and burnt
them etc. Deponent was put ashore, after being
informed that this was done by order of the King of
France, that he should make a claim to the Sta. Cruz.
The French man of war carried off the Chance and five
negroes from Sta. Cruz belonging to H.M. subjects etc.
Copy. 8 pp. [C.O. 239, 1. Nos. 40, 40, i. ii.]
87. Council of Trade and Plantations to the Duke of New-
castle. Enclose drafts of warrants for use of new seals for New
York, Nova Scotia, Leeward Islands and Bahama Islands, as
ordered 22nd Jan. Autograph signatures. 1 p. [C.O. 5, 4.
No. 41 ; and 218, 2. pp. 222, 223 (with draft of warrant annexed) ;
and 5, 1125. pp. 143-145.]
88. Council of Trade and Plantations to the Duke of New-
castle. Enclose following to be laid before the King. Auto-
graph signatures. 1 p. Enclosed,
88. i. Petition of Butler Chauncy and Thomas and William
Chesslyre, owners of the ship William, to the Council
of Trade and Plantations. Their ship, in July, 1727,
was loaded in the Bay of Honduras with a cargo of
logwood, with which she sailed for Boston. She was
chased and captured near the Havannas by the
Barloventa squadron, Don Joseph Roche, Commodore,
and carried to La Vera Cruz, where he gave the
AMERICA AND WEST INDIES.
39
1730.
March 3.
Whitehall.
March 3.
Whitehall.
March 4.
[March 5].
enclosed certificate, etc. Pray that satisfaction may
be obtained for their loss, 1000 for the ship, and 1000
for the cargo. Signed, B. Chauncy, at Mrs. Drake's
on Bread Street Hill. If pp. Enclosed,
88. ii. Certificate by Commodore of the Barloventa
Fleet that he captured the William off Cuba as in
preceding. Signed, Dn. Joseph Rochez d'Lupena.
Copy, f pp. [C.O. 5, 752. Nos. 49, 49, i. ii ; and
(covering letter only), 389, 28. p. 430.]
89. Council of Trade and Plantations to the King. Re-
commend appointment of Alexander Henderson to the Council
of Jamaica in place of Mr. Forbes deed. [C.O. 138, 17.
p. 289].
90. Council of Trade and Plantations to the King. Propose
Thomas Maxwell for the Council of Barbados, in the room of
Othniel Haggert, as recommended by Governor Worsley.
[C.O. 29, 15. p. 129.]
91 . Col. Williamson to [?] Testifies to the good character
of Daniel Hintz etc. Signed, A. Williamson. Endorsed, Reed.
Read 12th March, 17f. 1 p. [C.O. 217, 5. ff. 144, 1450.]
92. T. Lowndes to the Council of Trade and Plantations.
Encloses following. If the Protestants of the Palatinate are
now discouraged from going over to S. Carolina, when their
disposition is strong, it will be difficult to induce them hereafter
etc. Endorsed, Reed. 5th. Read 13th March, 17. 1 p.
Enclosed,
92. i. Mr. Lowndes to Mr. De la Fontaine. 10th Feb. 17f.
I fancy the terms for encouraging the Palatins to go
to S. Carolina will be something of this kind. That
they have land upon a good navigable river in per-
petuity for one peny per acre to be paid in merchant-
able pitch hemp turpentine or specie yearly. That
the three first years they pay no quitt rent at all.
That a year's provisions and some tools be furnished
them. But of this there is no certain dependance.
You that have provided shipping for so many familys
of them to go to Pensilvania will I beleive think this
good encouragemt. considering that in that Province
upon their arrival they pay at the Land Office more
than 75 sterl. per 1000 acres and 10s. for ever as a
quitt rent yearly and that far from any navigable
river and about 120 miles from Philadelphia whither
they bring all their produce by land carriage etc.
Copy. 1 p.
40
COLONIAL PAPERS.
1730.
92. ii. B. De la Fontaine to Mr. Lowndes. Martens Lane,
Cannon Street. 12th Feb. 17|?. Thinks that great
numbers will go on such terms as proposed, No. i.
Has transported good quantities of these people from
Rotterdam to Pensilvania of late years to their great
satisfaction, for they must be well used on their
passage, with great humanity and decency etc.
Signed, Benja. De la Fontaine. Addressed. If pp.
92. iii. Same to Same. 27th Feb. A large quantity of
Palatins will be down at Rotterdam in about three
months in order to go to America etc., if they meet
suitable encouragement from the Government, they
chuse Carolina, otherways they intend for Pensilvania
etc. Signed, Benja. De la Fontaine. Addressed. 1 p.
[C.O. 5, 361. ff. 67, 68, 70, 70t;., 7lv.-72v., 73v.]
March 6. 93. Duke of Newcastle to the Council of Trade and Planta-
vvhitehaii. tions. Encloses following. Continues : I am to signify H.M.
pleasure, that you reconsider this matter, and make such a
report upon it, as may enable the King's Ambassador at Paris
to answer the arguments which Mr. Poyntz apprehends may be
made use of by the French Ministers upon this head ; your
Ldp. will also take into consideration the other points mentioned
in the enclosed letter, particularly the proposal made to H.E.
by the Garde des Sceaux that both Nations should evacuate
that Island, and also those of St. Vincents and Dominico, till
the right to them should be adjusted. Since the receipt of Mr.
Poyntz's letter, the French Ambassador here has presented to
the King a Memorial with a copy annext of an answer formerly
given to Mr. Walpole upon this subject ; H.M. has commanded
me to send your Ldps. copys of these papers, which
accordingly go herewith, and you will find there the proposal
renewed of those Islands being entirely evacuated by both
Nations, and the affair of Sta. Lucia put in a very different
light from what it has appeared by the informations that have
been received here concerning it, and by your Representations
upon them. The King would have you employ your utmost
diligence and attention in forming a full and exact state of this
matter, and lay your report upon it before H.M. as soon as
possible together with your opinion what it may be proper for
H.M. to do upon every particular mentioned in the enclosed
papers. I have laid before the King your report upon the
affidavit referred to you of the master of an English vessel and
one of his sailors, concerning her being plundered and carried
away from Sta. Cruz by a French ship of war, whose crew also
is said to have destroyed two other English sloops at anchor
there, and H.M. has ordered me to signify His pleasure to His
Ambassador at the Court of France to make the proper repre-
AMERICA AND WEST INDIES. 41
1730.
sentation to that Court upon that subject. But as you will
find by Mr. Poyntz's letter and by Count Broglie's enclosed
Memorial, that the French lay claim to the Island of St. Cruz,
and complain of it's having been lately peopled from Antegoa,
and of acts of violence committed there, as they alledge, by the
King's subjects ; H.M. would have you also lay before Him
a state of this matter, and particularly as to the right H.M.
may have to the Island of St. Cruz, and what may be alledged
in justification of the settlements which H.M. subjects are said
to have made there. Your Ldps. will be pleased to
remember, that upon the first notice I received of the King's
subjects resorting to the Island of Sta. Cruz to cut timber and
of their having an inclination to settle there etc., this matter was
by my letter of 23rd June referred to your consideration, etc.
Signed, Holies Newcastle. Copy. Endorsed, Reed. 6th, Read
10th March, 17f . 4 pp. Enclosed,
93. i. S. Poyntz (1) to the Duke of Newcastle. Paris, March
4, 1730. [N.S.] On the 2nd I put into the Garde des
Sceaux hands a translation of your Grace's letter of
ioth Fe' an d f sucn f the papers accompanying
it, as relate to the encroachments and violences of the
French at Sta. Lucia, St. Vincents and Dominico ; I
put him in mind of the agreement made in 1720 etc.,
as also of the complaints and memorials given in by
Mr. Walpole in relation to the establishments said to
be making at those three islands, desiring an answer
to those memorials, and representing to him in the
strongest manner the consequences of these encroach-
ments, which by tending to deprive H.M. of his right
and title to those Islands, must occasion the asserting
them in such a manner as might weaken the friendship
and good understanding between the two Crowns.
He answered, that they were ready whenever we would
to enter into an amicable discussion of the claim made
by both Crowns to those Islands ; that in the be-
gining of the year 1727 they had offered to remove every
French subject off of Sta. Lucia, provided the King
would do the same, till the claim should be adjusted and
decided, to which offer they never had received any
answer ; that they are still willing to evacuate all the
three islands on the same condition, the subjects on
either side being, as he affirmed, only employed in
carrying on a clandestine trade for sugar with the
neighbouring islands for the sake of defrauding the
Customs. As to the complaint of the violences offered
to the English at St. Vincents, he observed that the
same letter from Capt. Davers takes notice that the
(1) Ambassador at Paris.
42 COLONIAL PAPERS.
1730.
General of Martinico had promised to have the
offenders taken up and severely punished, and he said,
orders should immediately be sent to prevent any such
complaints for the future, till the cause of them could
be finally removed ; He added, that they had frequent
complaints of the same nature against the subjects of
England, particularly at the Island of Sta. Cruz,
which though conquered by France from the Spaniards,
and confirmed to them by an undisputed title of
eighty years, had been lately peopled from Antego,
and some French who happened to approach it, had
been fired at from our ships ; he concluded by telling
me, that the French Embassador at London having
writ to them on the subject of the complaints I now
made, they were preparing an answer, the Minute of
which he read to me, and told me it should be trans-
mitted to Count Broglie by the next post. I told him
I was already prepared to make out the unquestionable
right of the Crown of Great Britain to the Island of
Sta. Lucia, and was ready to discuss that point with
him as soon as he pleased ; but as the express with
the news of the Pope's death, and the instructions to
be prepared that evening for the French Cardinals on
their setting out for the Conclave did not allow him
time to continue the Conference any longer, I only
obtained a promise from him, that he would looke out
the papers in their Offices of Trade relateing to this
affair, and in the mean time I must desire your Grace
to favour me with the reports of the Lords Commis-
sioners of Trade and Plantations, asserting H.M. right
to St. Vincents and Dominico. Ever since I received
yor. Grace's letter of 30th Jan., I have made it my
business to inform myself of the proofs which the
French have to produce in support of their claim to
Sta. Lucia, and upon comparing them with the report
of our Board of Trade, I beg leave to observe, that
there is an irreconcileable difference in the facts
asserted by the two Nations. The settlements, which
we made there from 1626 to 1638 are entirely neglected
or suppressed by their Historians and the Registers
of the West India Companys established by Lewis
13th and 14th ; and upon this insufficient foundation,
have been constantly denied in all the reports of their
Council of Trade ; but whereas it is asserted in ours,
that their first pretention to the island and settlement
there was in 1685, they think they are able to make
it appear from unquestionable documents, that in
1640 Mor. Diet du Parquet, Governour of Martenico
took possession of the Island, with consent of the
AMERICA AND WEST INDIES. 43
1730.
savages, there being at that time no Englishman there
to defend it, that he built a fort and established a
succession of Governors there, who kept possession of
the island for upwards of twenty years. In 1650 the
property of the said island was sold to Du Parquet by
the old West India Company, and in 1664 Du Parquet
sold that island and Martenico to the Crown for ^~
livres. The greater part of these facts with the names
and history of each of the French Governors of Sta.
Lucia are to be found in the accounts of the Caribbee
Islands published formerly by Pere le Tertre, and
lately by Pere Labat, which I should not have thought
worth mentioning, if I had not found them agree in the
most material circumstances with the manuscript
reports of the French Council of Trade, which I have
in my hands. I am humbly of opinion, that the
natural answer to this temporary possession will be,
that it happened precisly in the time of our Civil Wars,
and that soon after the Restoration the Crown re-
asserted it's right ; however, as the report of the Board
of Trade in England, which as to serve for my instruc-
tion, affirms, that the French had no pretention nor
settlement there till 1685, and as our asserting any
fact liable to be disproved, might invalidate the credit
of the rest and thereby give the French some advant-
age in the dispute, I would humbly desire that this
period of the report may be reconsidered in England,
and that particular search may be made, whether
some English were not remaining on the Island and
disposses't by force in 1640, which circumstance,
tho' not necessary to the establishing the priority of
our title, would take off the most plausible argument
on the French side, drawn from the voluntary cession
of the savages, and from the subsequent sales of that
Island. The argument drawn by the late Regent from
the 12th Article of the Treaty of Breda is far from
being conclusive against us, on the contrary as the
general rule laid down in that Treaty is, that each
Crown should keep what it was possessed of on 1st
Jan., 1665, I believe it may be made appear, that we
were at that time possessed of Sta. Lucia, and conse-
quently have a right to it from that very Treaty. But
the reports of the French Council of Trade, in order to
elude the force of this argument, take notice, that the
restitution of the English part of St. Christophers, of
Antego and Montserrat is expressly stipulated in the
Treaty of Breda, while no mention is made of Sta.
Lucia, tho' at the time of the signing that Treaty it
was, as they affirm in the possession of the French.
44 COLONIAL PAPERS.
1730.
The clearing up this point is of the more importance,
because the Treaty of Neutrality of 1686 confirms
that of Breda in all it's articles and clauses. Signed,
S. Poyntz. Endorsed as preceding. Copy. 5| pp.
93. ii. M. le Garde des Sceaux to M. le Comte de Broglie.
1st March, 1730. (N.S.) Reply to complaint by the
English Minister, that 400 French families are
settled on Sta. Lucia. This complaint, which is not
supported by any proof, is not new. M. Walpole
made a similar complaint, 27th June, 1728. Encloses
reply of the French King 14th July, 1728 (N.S.), to
which it need only be added that there do not appear
to be nearly so many French families there. It is only
known that there are some wood-cutters there who
. exploit the timber for the other islands. It is also
known that there are some English who do not concern
themselves in such exploitation, but only to go there
to get into touch with the merchants of Martinique
and Guadeloupe, to exchange foreign produce and
goods for French sugar, to the great injury of French
trade. His Majesty complained of this and in April,
1727, made an offer to England, whilst awaiting the
recognition of the undeniable rights of France, to
evacuate all French subjects there, provided England
did the same etc. England not having replied to this
offer, one might think that she found it advantageous
to allow matters to remain as they are, and in that
case it is impossible to understand why she lodges
complaints from time to time. However that may
be, His Majesty will always be equally prepared to
remove the French from Ste. Alouzie, provided that
reciprocal action is taken by England, and that she
agrees that the proprietorship of the island should be
immediately established. In conclusion, it is to be
observed that England complains that too many
Frenchmen have settled at Ste. Alouzie at the same
time that the English are there themselves, and
cause considerable loss to trade of the Kingdom
as above ; that it is not yet decided if this island
belongs to France or not, and that the English have
wished it to remain neutral. France has a much
more legitimate right to complain of English enter-
prises, the Island of St. Cruz (Sta. Croix) belonging
beyond dispute to France, which conquered it nearly
80 years ago from Spain. Neither the English nor
any other nation have ever claimed it or disputed the
right of France. There has never been any question
of it in any negotiations or treaties of peace. Never-
theless, in spite of a proprietorship so firmly estab-
AMERICA AND WEST INDIES.
45
1780.
lished and recognised, His Majesty has been informed
that the English have deliberately established them-
selves there ; that the English General at Antigua has
given a commission to Sr. Waldrop, Colonel of Militia
at St. Christophers, to take command of the said island
of St. Cruz, to which he has transported cannon and
several English families. We are even informed that
one of His Majesty's ships having passed before the
said island in Oct. last, the Captain sent his sloop and
boat to give notice that it was one of H.M. vessels
which was standing for the anchoring place, for wood
and water, which did not prevent the English from
firing on the sloop and boat to prevent them landing.
His Majesty awaits information as to this insult, in
order to demand satisfaction, but hopes meanwhile
that his Britannic Majesty will give definite orders
for the evacuation of Sta. Croix, and to prevent any
one settling there for the future. Copy. French.
5 pp. Same endorsement. 5^ pp.
93. iii. Memoir sent to the Comte de Broglie, in reply to the
letter of Mr. Walpole, 27th June, 1728, concerning
Sta. Lucia. Copy. French. Same endorsement.
9| pp. [C.O. 28, 21. ff. 47-480., 49v.-52v., 53v.-
62v., 63v. ; and (without enclosures ii. and iii.) 253, 1.
Nos. 44, 44. i.]
March 6. 94. H.M. Additional Instructions to the Governors of
st. James's. Jamaica, Bermuda, Barbados, Bahamas Islands, New York,
New Jersey, Virginia and Nova Scotia concerning the whale
fishing (v. Feb. 5). [C.O. 324, 36. pp. 196, 197 ; and 5, 192.
ff. 441, 445, 449, 453, 457, 461, 465, 469].
March 7. 95. Duke of Newcastle to the Council of Trade and
Plantations.
Refers papers relating to Mr. Bradley's case for their report.
Enclosed,
95. i. Copy of C.S.P. Nov. 22, 1729. Ij pp.
95. ii. Memorial by Mr. Bradley to Governor and Council
of New York, 9th Sept., 1728. 2 pp.
95. iii. Abstract of preceding. 1^ pp.
95. iv. Mr. Bradley to the Council of Trade and Plantations,
v. C.S.P. 22nd Nov., 1729. 2 pp.
95. v. Abstract of preceding. 4 pp.
95. vi. Case relating to the Assemblies aiming at an inde-
pendency etc. By Mr. Bradley, v. C.S.P. 22nd
Nov., 1729. 2| pp.
95. vii. Memorial by Mr. Bradley to the Governor in
Council as to his salary, 9th Nov., 1728. v. C.S.P,
22nd Nov., 1729. If pp.
46 COLONIAL PAPERS.
1730.
95. viii. Governor and Council of New York to the Council
of Trade, v. C.S.P. 22nd Nov., 1729. 1 p.
95. ix. Votes of the Assembly and Mr. Bradley's reply.
Printed. 6 pp. v. C.S.P. 22nd Nov., 1729. 1 p.
The whole endorsed, Reed, in the D. of Newcastle's
letter, 7th March 17f, Read 2nd Sept., 1730. [C.O.
5, 1055. ff. 131, I3Iv., 132r.-134i;., 1860.-141, I4>2v.~
I4>3v., 1 45-148v.]
[March 7.] 96. A proposal for improving and the better settling of
S. Carolina, (i) That H.M. grant 200,000 acres of land for
townships on the frontiers at a noble per township acknow-
ledgement every township to contain 20,000 acres three
townships on Savanah River, one on the head of Ponpon River,
two on Santee River, one on Watery River, one on Black River,
one on Pudee River, and one on Wacomace River, and that no
persons be allowed more than one lott in said townships, and
that the said person be a resident in said township, and that
each of these townships have the priviledge of sending one or
two Members duly qualifyed to represent them in the Assembly,
(ii) All lands without the priviledge of the said townships pay
2/6 Proclamation money per ann. pr. 100 acres acknowledg-
ment to H.M. That no person hereafter be allowed to take up
more than 640 acres of land, the said person obliging himself
to settle it within two years or the said lands revert to the King,
(iii) That no person possest of any lands in S. Carolina be
allowed to take up any more except he settles it within one
year, the Governor and Council being judges what shall be
deemed a sufficient quantity, so that it do not exceed 500 acres,
(iv) That all lands laid out on any navigable river, creeks,
lakes, bays or seas do not exceed | part in front, excepting
townships etc. (v) That no person be allowed to take up any
lands on any of the said rivers till the said townships be laid
out, the Surveyor General to be ordered to lay out the lands
for them immediately, (vi) Whereas several persons are
possesst of grants for large tracts of land by the late Lords and
Proprietors, that no person so possest be allowed to take up
more than 640 acres by virtue of any such grant within 10
miles of any of the said townships, (vii) That all foreigners
as well as H.M. free-born subjects be allow'd reasonable quantity
of lands and have the same priviledge in voting at elections for
Assembly men as if born in any of H.M. Dominions. Endorsed,
Reed, (from Col. Johnson) 7th, Read 13th March, 17|. 2 pp.
[C.O. 5, 361. ff. 78, 780., 79t>.]
[March 7.] 97. Governor Johnson's replies to 10 Queries about the
Paper Currency in S. Carolina. Thinks that " 100,000 is a
just medium between the merchant and planter, and that a
lesser sum would not be sufficient," the planters being vastly
AMERICA AND WEST INDIES.
47
1730.
March 7.
March 7.
Whitehall.
in debt and their debts all payable in the present bills, so that,
if the present paper currency were lessened and thereby brought
nearer to sterling it would ruin at least ^ of the inhabitants
and enrich 20 or 30 persons. Proposes that the 106,354 now
current be preserved, and that he be instructed to apply the
sinking fund towards transport, tools and provisions for poor
Protestant immigrants etc. Endorsed, Reed. 7th, Read 12th
March, 17. 3| pp. [C.O. 5, 361. ff. 59-60*;., 61i>.]
98. Duke of Newcastle to the Council of Trade and
Plantations. Refers following. Enclosed,
98. i.-v. Governor Philips to Duke of Newcastle, Nov. 25,
1729. (v. C.S.P. under date) with enclosures i.-iv.
Endorsed, Read 2nd Sept., 1730. [C.O. 217, 5. ff.
207-209*;., 210i>., 211-212^., 213i;.-216t;., 2l7v-2l8,
99. Duke of Newcastle to the Council of Trade and
Plantations. Encloses copies of letters from Col. Dunbar,
" giving an account of the progress he has made in forming the
new settlement between Nova Scotia and New England, and
of what he thinks is still necessary to enable him to carry on
that undertaking with success " ; and letters between him and
Lt. Governor Dummer etc. " His Majesty would have you take
the whole into consideration ; and report the state of the
several matters therein mentioned, with your opinion what
further directions are proper to be sent to Mr. Dunbar upon
them." Encloses for their opinion copies of letter etc. from Mr.
Bradley relating to the irregular proceedings of the Assembly
of New York, " and other matters which he apprehends it is
of importance to H.M. service should be speedily considered by
your Lordships " etc. Encloses copy of letter from Col. Philips,
25th Nov. " You will please to consider the several matters
contained in it ; particularly what relates to giving new grants
of land to the inhabitants [of Nova Scotia], the proposals made
to him for a settlement of French Protestants there, and the
necessity of his having a vessel constantly kept to attend him
in his progresses from one part of his Government to another."
etc. Signed, Holies Newcastle. Endorsed, Reed. 7th March,
Read 2nd Sept., 1730. 2 pp. Enclosed,
99 i. Col. Dunbar to the Duke of Newcastle, 10th Dec., 1729.
Endorsed as preceding. Copy. 13| pp.
99. ii. Same to Same. 30th Dec., 1729. Endorsed, Read 2nd
Sept., 1730. Copy. 2 pp.
99. iii. Penobscot Indians to Col. Dunbar. v. 30th Dec.,
1729 encl. i. Endorsed as preceding. Copy. 1| pp.
99. iv. John Gyles to Col. [Jeremiah] Dunbar. v. 14th
Nov., 1729. Endorsed as preceding. Copy. 2 pp.
99, v. Same to Same, v. 15th Nov., 1729. Copy. 1J pp.
48
COLONIAL PAPERS.
1730.
March 9.
Munday
night
50 m. past 8.
March 9.
March 9.
March 9.
March 10.
Tuesday
99. vi. Extract of letter from Lt. Governor Dummer to the
Duke of Newcastle, 26th Dec., 1729. Endorsed, Read.
2nd Sept., 1730. Copy. If pp.
99. vii. Lt. Gov. Dummer to Col. Dunbar. 3rd Dec., 1729.
Same endorsement. Copy. 1 p.
99. viii. Col. Dunbar to Lt. Gov. Dummer, 4th Dec., 1729.
Same endorsement. Copy. 4| pp.
99. ix. Lt. Gov. Dummer to Col. Dunbar. 6th Dec., 1729.
Same endorsement. Copy. 3 pp.
99. x. Col. Dunbar to Lt. Gov. Dummer, 8th Dec., 1729.
Same endorsement. Copy. 1| pp. [C.O. 5, 871.
ff. 132, 132t;., 133u.-140i;., 143u.-146i;., 147fl.
149i;.-150r;., 151i;.-152i>., 153i;., 154, I55v.-I6lv.,
1 00. Mr. Forbes to [? Mr. Delafaye]. If the enclosed pacquet
contains the French letters, my Lord Duke desires you will
send them to Ld. Scarborough, Ld. Privy Seal, and Lord
Chancellor. His Grace does not find amongst the papers
relating to Sta. Lucia his letters to Mr. Walpole in 1727 and 28,
nor the Lords Commissioners of Trade report upon that head,
and therefore begs you'l please to look them out, and if His
Grace does not call at the Office before ten, you'll bring them
yourself to Mr. Secretary at Warr's at ten, where his Grace
will be at that time. Signed, P.(?) Forbes. Endorsed, Mar.
9, 17f. 1 p. [C.O. 253, 1. No. 47.]
1 01 . Note by the Duke of Newcastle as to absence of above
papers. Endorsed, My Lord D. Mar. 9, 17|. | p. [C.O.
253, 1. No. 48.]
102. Memorandum of papers relating to Sta. Lucia. \ p.
[C.O. 253, 1. No. 49.]
103. [Mr. Delafaye] to the Duke of Newcastle. Refers to
papers sent to him making up a complete set of what relates
to Sta. Lucia etc. " Mr. Walpole took with him, as he came
by from ye House, all that he wants. I am setting ye Clerks
to write out again your Grace's letter to Mr. Poyntz etc. ; but
as I doubt whether they can finish them in time ; if this should
not find your Grace at home I will send ye originals to the
Secry. at War's. " No signature. 1 p. On back,
(a) Note in Duke of Newcastle's hand, that as he now has
all the papers on that subject, he need not be in haste about
the copies. [C.O. 253, 1. No. 50.]
104. Duke of Newcastle to Mr. Delafaye. Dear Del,
Upon looking over again the St. Lucia papers I find no letters
to or from Mr. Pulteney when he was Commissary in France,
or the original agreemt. wth. ye Duke of Orleans, I begg you
AMERICA AND WEST INDIES.
49
1730.
March 10.
[March 10]
Whitehall.
would send me all yt. is in the Office upon this matter, and
also the letters I desired yesterday might be lookt over yt. I had
reed, from ye Board of Trade and wrote to Mr. Walpole. You
will likewise send me a list of ye papers given in by ye Board
of Trade. I give you a great deal of trouble, but when our
enemies are so busy, you won't wonder I am a little upon
ye hurry. The letters also about ye D. of Montagu. Signed,
Holies Newcastle. Addressed. Holograph. 1 p. [C.O. 253,
1. No. 51.]
105. Mr. Delafaye to the Duke of Newcastle. I send your
Grace a compleat list of all the papers, we could yet find in
the office ; Mr. Courand and I are continually (as we have
leisure) looking over ye letters and papers a second time, but
never with no gleanings etc. Details. Continues : The only
papers, in my mind, that are material are, The state of
H.M. title to Sta. Lucia, wch. was sent to Mr. Poyntz the 30th
Jan. last. The Conference with the Regent etc., of which
Mr. Pulteney gives an account in his letter of Jan. 15, 1720,
n.s. (v. C.S.P.), copy of which was also sent to Mr. Poyntz,
30th Jan. (There was no convention or agreement in writing).
The order for M. d'Estree's Colony to evacuate the island, also
sent to Mr. Poyntz. The enclosed account of the Duke of
Montague's settlement, etc. Without signature. Dated, Mar.
10. In Delaf aye's hand. 2f pp. [C.O. 253, 1. No. 52.]
106. (Enclosed in preceding 1 }). List of papers relating to
Sta. Lucia. Oct. 6, 1719 6th March 17f. 8| pp. [C.O.
253, 1. No. 53.]
107. Duke of Newcastle to Lt. General Mathew. Encloses
memorial of the South Sea Company, " desiring that restitution
may be made of the effects saved out of the Spanish ship Sta.
Rita, which were seized by the Surveyor General of the Customs
at Antegoa in March, 172, unless it shall appear that those
effects were legally condemned on account of contraband
trade " etc. Continues : It is H.M. pleasure, that you cause
such restitution to be forthwith made, if, upon examination,
you find the case to be such, as may come within the meaning
of H.M. orders lately sent you, for the immediate restitution
of Spanish prizes, and within the intention of the Articles in
that behalf of the Treaty of Seville, a printed copy of which
was transmitted you with those orders, and not to be one of
those seizures, the discussion and decision of which is, by the
said Treaty, referred to the Commissarys to be appointed for
that purpose. Signed, Holies Newcastle. 1| pp. Annexed,
107. i. South Sea Company to the Duke of Newcastle.
South Sea House, 20th Feb., 1729(30). Enclose
C.P. XXXVII 4
50 COLONIAL PAPERS.
1780.
following. Continue : As the seizure in this case
occasioned an immediate reprisalia of a great value
in effects belonging to the Assiento in several of the
Spanish Windward ports, they are persuaded, that a
speedy and full restitution to the Spaniards interested
in the Sta. Reta will greatly contribute to the resti-
tution of the Company's effects in several of the
Spanish Governments, particularly New Spain be-
tween which and the said Windward ports there is a
very frequent intercourse etc. The Court of Directors
pray that directions may be given to the Governor of
the Leeward Islands, that in case it shall not appear,
that such effects have been legally condemned on
account of contraband trade, he cause such restitution
to be made accordingly. Signed, D. Wescomb.
Enclosed,
107. ii. Case of the Spanish ship Santa Reta, Pedro de la
Neva Captain. The said ship making her voyage
from the coast of Caracas and the Havana to Old
Spain etc. was stranded at Barbuda Feb. 1727. The
Captain on application to the Lt. Governor and
principal Officers of the Customs at Antigua, had
liberty granted him to bring his effects to the said
island, and did bring accordingly about 60,000 pieces
of eight, about 70,000$. of cacao and 16,000/6. of
snuff being damaged with the salt water. On 2nd
March Mr. Dunbar (Surveyor General of the Customs)
seized the said snuff and cacao with 7600 ps. of and
sold the same at publick outcry and has kept the
produce in his hands ever since. Although the
Spaniards applied to the Council of Antigua for
redress, they could not obtain it, nor a copy of any
orders or proceedings whatsoever made in this case.
May, 1727, Don Joseph de Pena (alias Don Manuel
de la Pena) who was concerned in the cargo of the
said ship, got his passage by way of the French islands
to Caracas, and made a declaration upon oath, that
said effects were seized on account of war, which
occasioned the seizure of the English effects belonging
to the Assiento in Caracas, Coro, Maracaybo and St.
Domingo to the value of 30,000 ps. of f and upwards.
[C.O. 324, 36. pp. 198-201 ; and (-without enclosures)
152, 43. ff. 57, 57i>.]
March 11. 108. Mr. Popple to the Governors of H.M. Plantations
Whitehall, (excluding Proprietary Governments). Circular letter enclosing
Additional Instruction relating to the Whale Fishery (v. Feb. 5).
[C.0.[324, 11. pp. 162, 163.]
AMERICA AND WEST INDIES. 51
1730.
March 11. 109. Lt. General Mathew to the Council of Trade and
. st - Plantations. I formerly informed your Lordships how few
members of H.M. Council remained on this island. For want
of a Board I was forcd first to swear Abraham Payne Esq. into
the Council, and since I have admitted for the same reason
Joseph Phipps Esqr. Col. Phipps wrote me the letter (enclosed)
at his retiring from that Board. The Council had past a bill
agreable to what your Lordships recommended, as to Mr.
Secretary Smith's fees, but the Assembly have rejected it.
That House has now before them a bill for altering the Vestry
act as your Lordships directed, and another to make the like
alterations in the four and twenty member bill. I have forborn
for some time and missd two oportunities, of informing your
Lordships with the transactions here. It has been occasioned
by my waiting to receive from the several officers the transcripts
and returns you wrote to Lord Londonderry for. I observe
your Lordships call for papers already received, for that the
series of them was much broke into, in those remitted to your
Board, and therefore I am still unwilling to remitt the few I
have receivd, till I can at once compleat your orders, and it
may chance to be an honour reservd for Lord Forbes. I did
not get from Lord Londonderry's Exectr. here, the orders you
sent, till three months after his death, and my orders hereon
to the severall officers are dated so long ago as the 12 Deer,
last. I am now explaining peremptorily with them, and have
threatnd a suspension of those I can suspend, and a removal
of others, if they delay this duty any longer. They complain
much, on having already deliverd to Colo. Hart the papers
requird of them during his Government, and that they shall
find it difficult to obtain payment for these voluminous repeated
transcripts. I still insist with them, and if I do not get
them before Lord Forbes's arrival, I pray I may stand excusd
before your Lordships, as not having been wanting in my own
duty etc. Signed, William Mathew. Endorsed, Reed. 22nd
April, Read 13th Oct., 1730. 2 pp. Enclosed,
109. i. Col. Phipps to Governor Mathew. Nov. 19, 1729.
The Lords Commissioners for Trade having reported
upon the dispute between Mr. Estridge and myself
in his favour, I hope your Honour will excuse my
declining to meet the Council for the future, . as it
must oblige me to sit under a gentleman I have had
the precedence of at that Board for upwards of twenty
years etc. Signed, Francis Phipps. Endorsed, Reed.
22nd April, 1730. Copy. 1 p. [C.O. 152, 18. (with
abstract) ff. 1-2, 4v., 5, 6u.]
March 12. 110. Lt. Gen. Mathew to Duke of Newcastle. Refers to
st. changes in Council as in preceding. Continues : A French
Christophers. man o f warr commanded by the Chevalier Maischin, burnt in
52 COLONIAL PAPERS.
1730.
Sept. last, two sloops belonging to H.M. subjects of this island,
at Sta. Cruz, and took away with him a third belonging to Col.
Phipps, and four or five negroes belonging to the English etc.
Encloses proofs. Continues : After this abrupt injury was
done us, I receiv'd a most extraordinary letter from the Marquis
de Champigny, telling me Sta. Cruz was undoubtedly belonging
to the Crown of France, that he heard the English had built a
town there, carryd familys there to settle, raisd batterys and
more such chimericall matter, which I only took for beginning
to complain first, as having not a word of truth in it, and I
therefore onely transcribd his method of expostulating, and
calld for reparation of the injurys done there by this man of
warr, and one of their guarde da costas, (for they have guarde
da costas as well as the Spaniards) sent thither under his orders.
I have waited his answer a long while, and therefore I forbore
aquainting your Grace herewith, but I find waiting is in vain.
I would transmitt to your Grace the publick papers, required
by H.M. Instructions, but they are not yet to come to hand
from the several officers. H.M. Council for this Island having
advised me to remove Mr. Browne from being Chief Judge, I
have done it, etc. Refers to enclosed Minutes of Council. Con-
tinues : If Mr. Browne retires without complaining, I shall
avoid (as I wish to do) explaining on this affair, which would
do him no good, nor justify me from the fault I was guilty of
in mistaking his worth and placing him there. Signed, William
Mathew. Endorsed, R. 29th April. 2f pp. Enclosed,
110. i. Minutes of Council of St. Christophers, 19th Dec.,
1729, disclosing breaches of duty by Mr. Browne,
C. J. 8 J pp.
110. ii. Deposition of Thomas Hodgskin and Walter
Chapman. St. Christophers. 19th Nov., 1729.
Describes capture of Col. Phipps' sloop, the Chance,
at Sta. Cruz by a French man of war and guarde de
costa. They also plundered and burned two other
sloops of St. Christophers there. 5 pp.
110. iii. Col. Phipps to Lt. Genl. Mathew. Dec. 4, 1729.
Requests him to apply to the Governor of Martinique
for 600 reparation for the loss of his vessel and negroes.
(v. preceding). Signed, Francis Phipps. 1 p.
110. iv. Petition of Joseph Grimes, of Montserrat, to Lt.
General Mathew. Prays for 200 reparation for the
loss of his sloop burnt by the French at Sta. Cruz.
Signed, Joseph Grimes. 1 p.
110. v. Petition of Mathew Smith, of St. Christophers, to Lt.
General Mathew. Prays for 120 reparation for his
sloop burnt by the French at Sta. Cruz etc. Signed,
Mathew Smith. 1 p.
AMERICA AND WEST INDIES.
53
1730.
110. vi. Col. Phipps to Lt. General Mathew. Copy of encl. i.
preceding. 1 p. [C.O. 152, 43. ff. 59, 60, 61, 64-
71, 73, 75, 77, 79.]
March 12. 111. Governor Hunter to the Council of Trade and
Jamca. Plantations. Our Assembly which mett yesterday have not
as yet proceeded so as I may make any judgment of their
intentions, but if they have any feeling they must be induc'd
to provide better for their security from danger both from
within and without. I have inclos'd what I sayd to them.
Col. Anthony Swymmer one of ye Council died lately, so that
we have now two seats vacant his and Mr. Forbesses. I have
formerly recommended William Needham Esq. and the Attorney
Generall if that seat be compatible with his office, and now
take the liberty to recommend William Gordon Esq. a Gentle-
man of good understanding interest and estate and firm affection
to our happy establishment and H.M. service. The remote
residence of many of the Council renders their attendance
uncertain. Mr. Laws is in England for his health, so that I
am frequently at a loss for a Quorum, and humbly intreat a
remedy. I hope long e'r this yr. Ldships. have proceeded to
report upon our Acts lay'd before you. By the Plymouth which
is to sail soon after this ship (the Ruport) I shall be able to send
your Ldships. a particular account of the proceedings of our
Assembly so far as they shall then have proceeded. I return'd
lately from Port Antonio, where I had been some weeks with
rear Admll. Stuart who has not been idle there, having erected
one storehouse, began a wharf for careening, and clear'd ground
for ye uses of a hospital. He has given his sentiments of ye
place to the Lds. of the Admiralty. A party of the slaves in
rebellion carried off from one of our settlements there six women
and a boy and wounded an overseer ; I sent after them thirty
eight arm'd men with nine baggage slaves, who were surpriz'd
in a narrow path put into confusion, most of them return'd,
several were wounded, and about a dozen either kill'd or lost
in ye woods. P.S. Recommends Coll. Charles Price for a
vacancy in the Council, a gentleman of a considerable estate
and intrest and firm affection to H.M. Government. Signed,
Ro. Hunter. Endorsed, Reed. 18th May, Read 3rd June, 1730.
If pp. Enclosed,
111. i. Governor Hunter's Speech to the Assembly, v. March
30, infra. Same endorsement. Copy. 2| pp. [C.O.
137, 18. ff. 70, 70u., 71v-78v.]
March 12. 112. Same to the Duke of Newcastle. Refers to letter of
Jamca. 15th Feb. Has obeyed the orders for a noli prosequi in the
case of the victuallers of H.M. ships. Encloses Speech to
Assembly. Continues : If the sense of their late danger be
not effaced by the approaching peace, or dissapointed by the
54
COLONIAL PAPERS.
1730.
[March 13]
artifices of a party, and the weakness of others they must apply
most humbly and earnestly to H.M. for an additional force for
their defence, at any expence, for if the danger returns it may
be too late to do't. They increase in wealth and numbers of
slaves, 'tis true, but decline yearly as to white or freemen. I
am indeavouring to procure some good laws for remedying the
last, and when they have sat a few days I shall be able to guess
att ye course they steer, and inform your Grace punctually
and particularly. Refers to Admiral Stuart and attack by
rebel slaves as in preceding. Continues : Six hours after I
dispatch'd a party etc. with a good partisan to command them,
they fell into an ambush att the brink of a river where they
cou'd march but one abrest, the first fire put them into disorder,
some cross'd the river and wet their ammunition others who
cou'd save theirs fir'd from thence whilst they had any left etc.
Proposes Mr. Gordon for Council etc. ut supra. Signed, Ro.
Hunter. Endorsed, R. 18th May. If pp. Enclosed,
112. i. Duplicate of encl. i. preceding. [C.O. 137, 53. ff.
194,
113. A State of the Paper Currency in Carolina and a
proposal in relation to the same [? By Governor Johnson].
Merchants in London and all parties in S. Carolina are agreed
that there is an absolute necessity to continue the paper
currency to supply the want of gold and silver etc. Proposes
the suspension of the sinking fund for 7 years etc. as 7th March,
and that, as a mark of H.M. bounty and goodness to the
Province on its first coming into the possession of the Crown,
all arrears of quit-rents be applied to such public uses as
the Assembly shall judge most for their advantage. As a proper
return of gratitude for this bounty, it is proposed that the
quit rents for the future may be settled at a certain value, for
at present by an Act the same is to be paid in the produce of
the Province at such value as two of the Council and two of
the Assembly shall annually ascertain the same at, which
probably will not exceed one fifth part of the value of Proclam-
ation money etc., and that the Governor be instructed not to
apply the arrears or suspend the sinking fund till this is done.
Proposes instructions for the Governor for encouraging settling
of towns etc. Endorsed, Reed., Read 13th March,
2 s PP- [ C '- 5 > 361 - ff- 76-77u.]
1729
A ' 30'
March 13 114. Mr. Popple to Mr. Scrope. Requests that the money
Whitehall, granted to Mr. Hintze deed, may be paid to his son for the
same purpose etc. [C.O. 218, 2. pp. 176, 177.]
March 13. 115. H.M. Warrant for the use of new seals for the Leeward
st. James's. Islands, New York, Bahama Islands and Nova Scotia, described.
Cf. C.S.P. 1705. Nos. 1089 ff. and the return of the
AMERICA AND WEST INDIES.
55
1730.
old. Countersigned, Holies Newcastle. Copy. [C.O. 324, 36.
pp. 202-208.]
March 16. 116. Order of King in Council. Approving representation
st. James's, of 3rd March, and appointing Thomas Maxwell to the Council
of Barbadoes. Signed, Edward Southwell. Endorsed, Reed.
30th May, Read 4th June, 1730. 1 p. [C.O. 28, 21. ff. 66,
67t>.]
March 16. 117. Order of King in Council. Appointing Alexander
St. James's. Henderson to the Council of Jamaica in the room of Mr. Forbes.
Signed, Edward Southwell. Endorsed, Reed. 30th May, Read
4th June, 1730. 1 p. [C.O. 137, 18. ff. 76, 77v.]
March 17. 118. Mr. Popple to Col. Hart, late Governor of the Leeward
Whitehall. Islands. You will observe by the undermentioned extracts,
that there is a difference of 20 years, between the time when
Genl. Hamilton relates the evacuation of Sta. Cruz to have
happen'd, and the time that you mention the same thing; As
it is material to my Lords Commissrs. for Trade and
Plantations to be particular as to point of time, in a report they
are shortly to make in relation to this island ; I am commanded
to desire you will please to reconsider your letter, and let me
have your answer, as soon as possibly you can. Quotes extracts
from Genl. Hamilton, 10th April, 1716 and Col. Hart 10th July,
1729. v. C.S.P. under dates. [C.O. 153, 15. pp. 47, 48].
March 17. 119. Council of Trade and Plantations to the King. Recom-
Whitehaii. mend Robert Dinwiddie for the Council of Bermuda in place
of Capt. Daniel Tucker deed. [C.O. 38, 8. p. 149],
March 17/ 120. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
120. i. Same to the King. In obedience to order of 21st
Feb., submit following.
120. ii. Draughts of H.M. Additional Instructions to
Governors of Plantations (excluding Proprietary
Governments). Having been graciously pleas'd to grant
unto the Right Revd. Father in God Edmund Lord
Bishop of London, a Commission under Our Great
Seal, whereby he is impowered to exercise ecclesiastical
jurisdiction by himself or by such Commissaries as
he shall appoint, in Our several Plantations in
America ; It is Our will and pleasure, that you give all
countenance and due encouragement to the said
56 COLONIAL PAPERS.
1730.
Bishop of London or his Commissaries in the legal
exercise of such ecclesiastical jurisdiction, according
to the laws of the Island [Province], Colony under
your Government, and to the tenor of the said
Commission, a copy whereof is hereunto annexed,
and that you do cause the said Commission to be
forthwith registered in the Public Records of that Our
Island (Province] Colony. [C.O. 324, 11. pp. 164-167.]
March 17. 121. Robert Dinwiddie, Collector of H.M. Customs in
Bermuda, to the Council of Trade and Plantations. Obser-
vations on the trade of America, (i) It will greatly advance the
Trade and Navigation of Great Brittain, and particularly
encourage that commodious and profitable settlement of South
Carolina, if liberty was given to export rice directly from thence
to any part of Spain and Portugall, and that the ships so loading
rice be oblidged to proceed from Spain, or Portugall, to some
port of Great Brittan, and their clear out their ships and
cargoes, or they be admitted to return to the Plantations,
which will be a mean to hinder a collusive trade. And that
every hundredweight of rice shipt as aforesaid be subject to
25. sterl. duty, which money is to be lodged in the Treasury of
South Carolina, and made use of in transporting or paying
the passages of poor family s from Great Brittain and Ireland,
and that the Governor have power to give those people some
lands behind our nou (sic) settlements, and out of the above
duty advance them by way of loan a certain sum for 7 years
free of interest etc. (ii) The Sugar Plantations are of
very great consequence to Great Brittain etc. Proposes
that Ireland have liberty to export provisions to any part of
America, but be restrained from carrying them to any port in
Europe (butter excepted), whereby the French will be under a
necessity to support their Sugar Colonies by dealing with our
Plantations etc. By this means we shall considerably engross
the sugar trade out of the hands of the French and make them
have a dependance on our Collonies for support of their
Plantations, and make the port of London the chief staple for
that commodity to all Europe, for the price of sugar does not
depend on the home consumption, but on the constant demand
all over Europe etc. One consequence of this regulation would
be that provisions in our Collonies will alwayes be plenty and at
a moderate price to our planters, and the people of Ireland instead
of wine and brandy would be furnished with good rum and
suggar at a much more beneficial rate in exchange for their
provisions, (iii) I observe great frauds carried on in the
Plantation trade, and that by selling of vessels to the French
and Dutch. When they make a purchase they generally con-
tinue the master in their imploy and by the protection of the
vessell's register, and Inglish master, and perhaps two more
AMERICA AND WEST INDIES.
1730.
Inglish sailors, they import provisions of all kinds etc. not
enumerat, directly from our Northern plantations, to their
islands and settlements, and often introduce privately into
our Collonies, sundry European goods, and the produce of their
plantations duty free, much to the prejudice of the British, and
plantation trade etc. Proposes that masters be obliged to give
bond on registering etc., and that produce of French or Dutch
plantations imported into the Collonies should be subjected
to the same duties and regulations as our own etc. (iv) There
is not anything gives the French and Dutch so great an opper-
tunity to rivall us in our trade with the Spanish dominions in
the West Indies, as the incroachments they are daily making
on our setlements on the coast of Africa etc. On the supply
of negroes from this coast our suggar, tobacco and other
Plantations much depends etc. Proposes that H.M. take this
coast, and the trade thereof, under his protection, by purchasing
the castles etc. from the present Company, and send over a
Governour and two Independent companies, and defray the
expence by a duty of 10*. on each negroe imported into our
Plantations, which will amount to 18,000 pr. annum etc.
Signed, Robt. Dinwiddie. Endorsed, Reed. 17th March, 17f,
Read 24th March, 173?. 2f pp. [C.O. 323, 9. ff. 60-61W.].
[March 18] 122. Governor Burrington to the Council of Trade and
Plantations. Abstract. The inhabitants of N. Carolina are
exceeding poor and distressed and their numbers reduced by
the late Indian wars, but the low price of quit-rents has
encouraged a multitude to resort thither. Any increase in the
quit-rents would be regarded as an oppression and prevent the
cultivation of increased lands, part of which is but barren pine
land etc. The inhabitants justly claim to be placed on the same
basis of payment of quit-rents as the rest of H.M. subjects in
N. America. Printed, N.C. Col. Rec. III. 77. Signed, Geo.
Burrington. Endorsed, Reed., Read 18th March, 17f. If pp.
[C.O. 5, 293. ff. 5, 6, Qv.].
March 18. 123. Mr. Popple to Mr. Attorney and Solicitor General.
My Lords Commissrs. for Trade and Plantations having
several papers under their consideration in relation to the
settlement of Carolina, and observing that some grants were
made by the late Lords Proprietors for large tracts of land,
without any limitation therein, either as to the place where
or time when, the said land is to be taken up and seated,
command me to send you a copy of one inclosed to Sr. Nathanl.
Johnson dated in 1686, which has never yet been put in
execution : My Lords Commissioners desire you will please to
consider the same, and let them have your opinion in point of
law, whether such grants are legal and of force. And as the
58 COLONIAL PAPERS.
1730.
validity of those grants will naturally turn upon the powers,
clauses and design of the original grants from the Crown to the
Lords Proprietors of Carolina, I have likewise sent you those
grants for your further information upon this subject. The
Governors of North and South Carolina being to receive their
Instructions upon this head, I am commanded to desire your
opinion, as soon as conveniently you can. Signed, Alured
Popple. I am to desire you will please to return the inclosed
papers with your report. [C.O. 5, 400. pp. 274, 275].
[March 18] 124. Copy of Sir Nathaniel Johnson's Patent for two
Baronies and the dignity of a Cassique in Carolina, 1st April,
1686. Endorsed, Reed, (from Col. Johnson), Read 18th March,
17|g. Latin. 2% pp. [C.O. 5, 361. ff. SO-Slv.].
[March 18] 125. Col. Johnson to the Council of Trade and Plantations.
Abstract. Upon his proposal for settling Carolina, their Lordships
were of opinion that the quit rents ought to be a penny pr. acre
as well within the privilege of the townships as without. It is
apprehended this will be a great discouragement to new settlers
to settle in townships, which are urgently needed as places of
refuge from the enemy etc. As to the lands without the privilege
of the townships a penny pr. acre quit-rent would discourage
numbers from going to Carolina, being a greater rent than
Barbados, and the Leeward Islands pays, or Virginia, New
York and New England, which countries are far more secure
than Carolina, and not so burthend with heavy taxes. It will
also discourage the taking up of pine lands for making pitch
and tar etc. Endorsed, Reed., Read 18th March, 17f . 2f pp.
[C.O. 5, 361. ff. 82-83].
March 19. 126. Order of the House of Lords that the Council of Trade
and Plantations lay before the House an account of the proposals
that have been made to them by the merchants or that they
themselves have formed relating to the furnishing this Kingdom
with Naval Stores from our own Plantations, and also the
establishments of the Governours and Governments of the
several Plantations as they found them when the Board of
Trade was first establish'd, and the variations that have been
since made therein to this time, and also who are the present
Governours, and when appointed. Signed, Wm. Cowper.
Cler. Parliamentor. Endorsed, Reed. 19th, Read 20th March,
17f$. I p. [C.O. 323, 9. ff. 34, 37v.].
March 19. 127. Mr. Popple to Mr. Guerish. My Lords Commrs.
Whitehall, desire you will let the Board have what information you can
concerning the French having left Sta. Cruz, etc., and in what
year (cf. 17th and 25th March). [C.O. 153, 15. pp. 48, 49].
AMERICA AND WEST INDIES. 59
1730.
March 20. 128. Council of Trade and Plantations to Lord Townshend.
Whitehall. Enclose following to be laid before H.M. Annexed,
128. i. Same to the King. In obedience to commands of
28th Nov. submit following. Continue : (a) In the
8th, 23rd, 25th, 27th, 45th, 48th, and 68th articles
of the Massachusets Bay Instructions, we have omitted
ye words Assembly, and added in lieu thereof the
words, House of Representatives, because in this Colony
the Assembly is always supposed to comprehend all
the three constituent parts of ye Government. Mr.
Belcher having represented to us the necessity there
is of having some paper mpny, to carry on the current
services of the Province, we have altered Mr. Burnet's
15th Instruction in this particular, and have allow'd
Mr. Belcher to give his assent to acts for raising a
summe not exceeding 30,000 in paper mony, for the
annual service, and support of yor. Majesty's Govern-
ment, till yor. further pleasure shall be known upon
this subject, provided he do take care that no greater
summe then 30,000 be ever current at one and the
same time. And we have added the 18th Article for
the speedy and effectual sinking of such bills as are
already current in the Province by virtue of former
Acts of Assembly. We have likewise added ye 17th
Article, to prevent any grants or payments of an
extraordinary, or unusual nature, within this Province,
without yor. Majesty's Royal permission. We have
omitted the latter part of Mr. Burnet's 16th Instruc-
tion, relating to ye passing of Acts, for repealing any
already confirm'd, the purport thereof, being effectu-
ally provided for by Mr. Belcher's 15th. We have
added the 26th Article forbidding the Governor to
take any gifts or presents ; it being an Instruction to
all your Majesty's Governor's in the Plantations. In
the 27th Article directing him to endeavour to get
his salary fix'd, we have taken notice of all that has
been done upon this head, and have added thereto
an order for Mr. Belcher's coming home, upon their
non compliance, to give an account of their behaviour,
that the Assembly may see your Majesty is resolv'd
to have that matter finally determin'd, and that your
Governors of that Province shall for the future be
independent of ye Assembly there. We have omitted
Mr. Burnet's 24th Article, a convenient house being
now built for the Governor. Mr. Burnet's 27th
Article relating to issuing of mony, and allowing the
Assembly the power of viewing and examining all
accompts, being much better provided for, by Mr.
Belcher's 30th, the former is here omitted. Mr.
> COLONIAL PAPERS.
1730.
Belcher's said Article has already been approv'd by
yor. Majty's. Order in Council, 2nd Dec. last, to which
we have only added the words in the latter part
thereof, vizt., the passing all accots. for payment, to
prevent the House of Representatives taking upon
themselves, as they have of late years, to allow and
pass all accompts, before the Governor can issue his
warrant for payment thereof. We have added ye
31st Article, whereby the Commander in Chief, during
the Governor's absence, will be allow'd a moity of
his salary, and perquisites, it being an Instruction
given to all your Majesty's Governors in America.
We have omitted the following words in the 33d
Article, they having never been complied with, and
they would occasion a great expence to the Province,
and be of little or no use, vizt., as likewise an account
every three months or oftner, as there may be occasion,
of all causes that have been determined, and of those
which remain depending, and in general, an abstract
of all proceedings of ye sevl. Courts of Justice within
Our said Province etc., providing only that the pro-
ceedings relating to all causes where appeals are lodg'd
before yor. Majesty in Council shall be faithfully
transmitted home. Your Majesty has already been
pleas'd to approve (2nd Dec.) the 35th Article, to
prevent the Governor's exacting any illegal fee, for
registring ships, and for lettpasses ; as likewise the
44th Article, directing ye Governor to be aiding and
assisting to ye Surveyor General of your Majesties
woods in America and his Deputies. We have added
ye 47th Article in pursuance of yor. Majesty's Orders
etc., 21st Jan., directing the Governor to countenance
and encourage ye Bishop of London, or his Com-
missaries, in the legal exercise of his ecclesiastical
jurisdiction, according to the laws of the Province,
and the tenour of your Majesty's Commission to the
said Bishop. The 70th Article for preventing the
Governor's appropriating to his own use, the produce
of whales, is added in pursuance of an Order of a
Committee of Privy Council, 18th Dec. last. We
have inserted the 74th Article, in relation to the 5th
and 6th Articles of the Treaty of Neutrality in America
in liew of Mr. Burnet's 66th Article upon the same
subject, which we have in this manner alter'd, pur-
suant to an Order of the Committee of Privy Council,
6th June, 1728. There having been a dispute for
many years, between the Province of the Massachusets
Bay and New Hampshire, respecting their boundaries,
we have inserted ye 80th Instruction, as the only
AMERICA AND WEST INDIES. 61
1730.
means we can think of, to determine the same. We
have omitted Mr. Burnet's 73rd Article, for restraining
ye privylege of printing, it being now left out in all
the Instructions to yor. Majty's Governors except
New York and New Jersey, and has ever been
attended with great inconveniencies whenever
the Governors have attempted putting the same in
execution.
(b) In the first Article of the general Instructions
for New Hampshire, we have omited the following
words, in order to make that Article consistant -with
your Majesty's Commission for the Government of
this Province, vizt., lying and extending itself from three
miles northward of Merrimac River, or any part thereof,
unto the Province of Main, with the South part of the
Isle of Shoals. We have made the same alteration,
in these Instructions, as in those for the Massachusets
Bay, with respect to ye paper mony, except only that
ye summ here requir'd for the annual service amounts
but to 6000. The Instruction to prevent grants, or
payments, of an extraordinary nature, without your
Majesty's permission, is likewise here inserted. The
Council and Assembly of this Province having comply'd
with Mr. Burnet's 30th Instruction by giving a fix'd
salary during his Govt., we have omitted that Article
and have inserted the 32nd in ye room thereof. In
ye next Article, we have added ye following words,
without which, Mr. Belcher could not have accepted
of any salary without first sending to this Kingdom
for leave vizt., except ye salary of 200 pr. annum as
directed in ye foregoing Article. We have likewise
inserted in the Instructions the Articles relating to
the Surveyor General of Woods ; the Bishop of
London ; boundaries ; whales ; Treaty of Neutrality ;
and liberty of the Press as at close of (a) supra. We
have made no other alteration in these Instructions
for the Massachusets Bay and New Hampshire, or
in those wch. relate to the Acts of Trade, except
inserting ye last Act which pass'd in relation to Naval
Stores, and leaving out that clause in ye Instructions
which related to the Act for preventing the impor-
tation of strip'd tobacco.
128. ii. Draught of H.M. Instructions to Jonathan Belcher,
Governor of the Massachusets Bay. Alterations
described supra 1 (a). The xvith Instruction permits
the passing of an Act for issue of bills of credit up to
30,000 etc., as described 1 (a), (xvii.) Not to give
assent to any act for any grant or payment of an
extraordinary nature to any person whatsoever,
62 COLONIAL PAPERS.
1730.
without a clause declaring that it shall not take effect
until said act has been 'confirmed by the Crown,
(xviii.) " to take care that the bills of credit hereto-
fore issued be called in and sunk according to the
periods and provisions of the respective acts, by
wch. they were issued." xv., xxvi. as described,
xxvii. Whereas by Our Royal Instructions to
William Burnet, We did direct him to acquaint the
Council and House of Representatives, that as they
hoped to recommend themselves to the continuance
of Our royal Grace and favour, we expected they
should manifest the same by an immediate compliance
with what had so often been recommended to them,
in relation to the passing of acts forthwith, for estab-
lishing a fix'd and honble. salary for the support and
maintainance of ye dignity of Our Governor for the
time being, and that we deem'd a competent summ
for that purpose to be at least 1000 sterling pr. annum,
and that in case the sd. Council and House of Repre-
sentatives should not pay a due and immediate regard
to Our royal will and pleasure therein ; we should
look upon the same, as a manifest mark of their
undutifull behaviour to us, and such as might require
ye consideration of ye Legislature of Great Britain.
And whereas Our Royal Consort, the Queen, being
Guardian of the Kingdom, and Our Lieut, during
Our absence, upon a representation from the Lords
of the Committee of Our Privy Council, was pleas'd
to allow of some alterations in Our sd. Instruction,
and to condescend that Mr. Burnet might accept a
salary of 1000 pr. annum, provided ye same were
settled on him, for the time of his Governmt. only ;
notwithstanding wch. condescention, ye sd. Assembly
have not yet thought fit to settle any fix'd salary on
their Governor, whereby they have justly incurr'd
Our displeasure, and an account of their behaviour,
wou'd ere this have been lay'd before Our Parliament
of Great Britain but that Our Commissioners for Trade
and Plantations have humbly requested that We
would be graciously pleas'd to suspend Our just
resentment till the said Assembly shall have had one
further opportunity of considering the justice and
importance of Our said Instruction, wherein ye trade
and interest of Great Britain are more concern'd then
Our Royal Prerogative ; For which purpose, Our
sd. Commissioners have, by Our permission, trans-
mitted to the Speaker of ye said House of Repre-
sentatives a proposal quoted (v. 12th Nov. 1729).
Continues : Now you are hereby ordered and directed
AMERICA AND WEST INDIES. 63
1730.
to recommend to the said Assembly, that they do
forthwith comply with this proposal as the last
signification of Our Royal pleasure to them, upon
that subject ; But if the said Assembly shall not think
fit to comply therewith ; It is Our will and pleasure,
and you are hereby required immediatly to come
over to this Our Kingdom of Great Britain, in order
to give us an exact account of all that have pass'd upon
this subject, that we may lay the same before Our
Parliament, unless you shall think it more for Our
service, to send some other person, fully instructed
in the state of Our Province under your Government,
to give us information concerning ye same. Other
alterations as described supra 1 (a).
128. iii. Draught of H.M. Instructions to Jonathan Belcher,
Governor of New Hampshire. Alterations described
supra 1 (b).
128. iv. Memorandum : The draughts of Instructions for
Governor Belcher were the same, mutatis mutandis,
with those to Col. Montgomery for the government
of New York, 28th Sept., 1728. [C.O. 5, 916. pp.
267-381].
March 21. 129. Mr. Gerrish to Mr. Popple. In reply to enquiry of
Lyme street. 19th, cannot give any account of the French leaving Sta. Cruz,
" only that I have heard they were ordered to leave it " etc.
P.S. There is one Collo. Suleager [? = Soulegre. Ed.] a French
Gent, who formerly lived at St. Xophers and now lives in
Soe hoe Square that can give you some accott. of this affaire.
Signed, W. Gerrish. Endorsed, Reed. 21st, Read 25th March,
1730. Addressed. p. [C.O. 152, 17. ff. 127, 128v.].
March 24. 130. H.M. Warrant appointing Thomas Maxwell to the
st. James's. Council of Barbados in the room of Othniel Haggct deed.
Copy. [C.O. 324, 36. p. 209].
March 24. 131. H.M. Warrant appointing Alexander Henderson to
St. James's, the Council of Jamaica, in the room of Alexander Forbes deed.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. p.
210].
[March 132. Petition of Merchants of London and Bristol trading
24]. to S. Carolina to the Council of Trade and Plantations. Pray
for the removal of the duties of 10 and l pr. head laid by
Acts of S. Carolina on negroes imported there, " They have no
right thus to tax the British trade " etc. Signed, William
Chapman, Will. Jefferis, Ste. Pet. Godin. Endorsed, Reed.,
Read 24th March, 17M. I p. [C.O. 5, 361. ff. 84, 85i>.].
64 COLONIAL PAPERS.
1730.
March 24. 133. John Peter Purry of Neufchatel to the Council of
London. Trade and Plantations. Refers to failure of his scheme for
settling Swiss in S. Carolina (1724, 1725), and asks for a grant
of lands and encouragement to settle some there now. Signed,
Charles Purry. Endorsed, Reed. 24th, Read 25th March, 1730.
1 p. [C.O. 5, 361. ff. 86, S7v.].
March 25. 134. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Autograph signatures. 1 p. Enclosed,
134. i. Same to the King. In obedience to command of 6th
instant, have considered the letters then enclosed
relating to " the islands of Sta. Lucia, St. Vincents, and
Dominico in America," and the proposal made to
Mr. Poyntz, by the Guarde des Sceaux, that both
Nations should intirely evacuate these three islands
until the right to them should be determined, and
that this right should be forthwith discussed, and we
are humbly of opinion it will be for your Majesty's
service to close with this proposal which we hope
will be as punctually executed by the French King's
Officers as by your Majesty's. In the mean time we
shall make diligent search into the books of our Office,
and likewise acquire what other lights we can for the
support of your Majesty's right to these islands ;
Whereupon we shall as soon as may be, make a full
representation to your Majesty. We have likewise
had under our consideration the disputes that have
lately happened between your Majesty's subjects
and those of the French King at the island of Sta.
Cruz, as well as the complaints from the French
Court, that the Governor of the Leeward Islands had
lately endeavoured to make a settlement there. But
as these matters will intirely depend upon your
Majesty's title to that island, so soon as we shall be
fully informed upon what foundation that stands,
which will take up some time to search out and digest,
we shall likewise offer our humble opinion upon these
points to your Majesty. Autograph signatures. 2 pp.
[C.O. 152, 40. Nos. 30, 30.i. ; and 29, 15 pp. 130-
132.]
March 25. 135. W. Chapman to the Council of Trade and Plantations.
We represented that the duty (a. 24th March) laid upon Blacks
imported into S. Carolina is in effect a duty upon the British
manufactures, the Blacks being the produce thereof, and
that the merchant importer often paid hereby the duty for
blacks which dyed before they were sold. But whereas this
duty is appropriated, proposes that it be laid henceforth on the
AMERICA AND WEST INDIES.
65
1730.
March 25.
Whitehall.
March 25.
Whitehall.
March 25.
March 25.
Whitehall.
March 28.
London.
buyer etc. Signed, William Chapman. Endorsed, Reed., Read
25th March, 1730. 1 p. [C.O. 5, 361. ff. 88, 890.]
136. Mr. Popple to Peter Soulegre. My Lords Commrs.
desire you will let them know whether the French did not
abandon their settlement at Sta. Cruz, in order to strengthen
that at St. Domingo, and about what time this transaction
happened, etc. [C.O. 153, 15. p. 49.]
137. Council of Trade and Plantations to Committee of
Privy Council. We have reconsidered the draughts of In-
structions for Governor Philipps and Col. Dunbar etc. (v. Feb.
18). We have in the inclosed draughts according to your
Lordships directions authoriz'd Col. Dunbar to lay out the
lands for the new settlers between the Rivers Penobscot and
St. Croix, but have reserved the power of making the grants
thereof to Col. Philipps according to the tenour of his Com-
mission. We have added a clause requiring Col. Philipps to
furnish Col. Dunbar out of the Garrison with such a number
of soldiers as will be necessary to protect him etc. [v. April
27th]. Annexed,
137. i. H.M. Additional Instructions to Governor Phillipps.
[v. April 27.]
137. ii. H.M. Additional Instructions to Col. Dunbar. [v.
April 27]. [C.O. 218, 2. pp. 178-198.]
138. Petty expenses of Board of Trade, Christmas to Lady
day, 1730. (v. Journal). 7 pp. [C.O. 388, 79. Nos. 58-61.]
139. Council of Trade and Plantations to the King. Annex
draught of Seal for N. Carolina, (v. April 27.) [C.O. 5, 323.
/.
140. Governor Osborn to the Council of Trade and
Plantations. Recapitulates proceedings for levying a rate for
building a prison, v. C.S.P. 14th Oct., 1729. Continues :
As there may be some troublesome, ill-meaning persons, who
may not agree to the passing of this rait, I wou'd beg your
Lordships' directions in what manner I shou'd treet such
persons, and whether it is your Lordships' opinions, that what
I have hitherto done is agreable to H.M. intentions, my only
view being to forward the design of H.M. Commission etc.
Signed, Hen. Osborn. Endorsed, Reed. 29th March, Read
12th May, 1730. Holograph. 2 pp. [C.O. 194, 8. ff, 319,
., 320u.].
March 29.
Barbados.
141. Governor Worsley to the Duke of Newcastle. Refers
to letter of 4th Dec., 1729, and the non-payment of H.M. tax.
Nobody has since paid in etc. Continues : Otherwise my
C,P. XXXVII
66 COLONIAL PAPERS.
1730.
Government is very quiet, and I hope that this year in obedience
to H.M. Order, the Assembly-men will take in and return to
the Treasurer, the lists of the negro's ; and the Vestry of the
several towns will lay the appointments, but whether they will,
or not, three or four weeks will discover, for by the 20th of the
next month, they are to make their returns to the Treasurer
under the penaltys by the law inflicted. The Committee of
the Publick accounts has not yet examined the late Treasurers,
relating to the 2/6 levy, so that I can't as yet tell what the
forfeitures, and penaltys may amount to, according to the
law ; or what number of inhabitants have not paid ; Refers to
enclosures. Concludes, in own hand : I beg leave to congratu-
late your Grace upon the conclusion of the peace etc. Signed,
Henry Worsley. Endorsed, R. June 9th. 2 pp. Enclosed,
141. i. Address of the Grand Jury of Barbados to the King.
Dec., 1729. Express their loyalty to the King, "under
whose royal commission and instructions we are, at
present, so happily and prudently govern'd " etc. Are
struck with admiration and pleasure at the great care
and circumspection with which all matters relating to
the welfare of the island receive the royal determination
etc. Continue : And since 'tis no less evident that
the highest wisdom and impartiality are likewise
exercised on all appeals from hence in cases of private
property, it ought, most certainly, to make every one
of it's inhabitants not only well satisfy'd with, but
truly thankful for so happy a method of ending
controversys, as it cannot fail giving them the firmest
grounds to believe their estates, even at this distance,
equally secure with those of their fellow subjects
whose residence is nearer the Royal Presence. We
are, indeed, but too well appriz'd, from very late
instances, of the confusion which wou'd soon be
brought upon us, were we to be wholly left to our
own judgment of things, and not to have recourse to
the dernier resort whereof we have now been speaking ;
whereby, however, experience shows that we are often
set right by the gentlest means, and after the most
tender manner. As these privileges and advantages
(being what occasion the envy of other Colonys) were
never, it must be confess'd, more fully enjoy 'd than
in the present reign, interest as well as duty, engage
us to wish it may be long and always prosperous etc.
Signed, Willm. White, John Gittens and 16 others.
1 large p.
141. ii. Address of the Grand Jury to Governor Worsley.
Dec. 1729. Acknowledge their indebtedness to his
prudent and steady administration. Many who once
made attempts to make him uneasy, are now convinced
AMERICA AND WEST INDIES. 67
1730.
that the same were equally impotent and absurd, as
well as ill-natured and unjust etc. As we verily believe
they first took rise from the private pique only of a
few, it is no wonder if they end in a total disappoint-
ment etc. It is an addition to the merit of your
Excellency's character, that no considerations arising
from the gratification of having obtain'd the Royal
suffrage in everything that has unhappily been brought
in dispute, can tempt you to alter your measures with
respect to those who were the occasion of it, or to
neglect any opportunity of promoting the general
good etc. They will themselves follow his bright
example and do their utmost to prevent party disputes
etc. Signed, as preceding. Copy. I large p.
141. iii. Address of the Grand Jury to Thomas Maxwell,
Chief Justice of Barbados. Dec., 1729. Return
thanks for and concur with his charge expressing a
just regard for the general good of the island etc.
Such loyalty and public spirit were only to be expected
from the son of the late General Maxwell, who filled
some of the highest posts in this Government with
unspotted reputation etc. If others of late had
observed the binding nature of the laws, they would
not have suffered in their characters etc. Signed as
preceding. Copy. 1 large p. [C.O. 28, 45. ff. 89,
>., 910., 92, 93u., 94, Q5v., 96.]
March 29. 142. Governor Worsley to the Council of Trade and
Barbados. Plantations. Duplicate, mutatis mutandis, of preceding
covering letter. Signed, Henry Worsley. Endorsed, Reed.
26th May, Read 15th Oct., 1730. 2 pp. Enclosed,
142. i. Proceedings of Court of Chancery, Barbados, 22nd
Jan., 1728(9) 9th July, 1730. Copy. Signed, Henry
Dodsworth, D. Regr. 6 pp. Endorsed, Reed. 26th
May, 1730. 6| pp.
142. ii.-iv. Duplicates of preceding encl. i. iii. Endorsed
as preceding. 3 pp.
142. v. Opinion of Mr. Blenman, Attorney General of
Barbados, upon the Act for reducing the rate of interest
etc. 26th Nov., 1729. Signed, J. Blenman, Same
endorsement. Copy. If pp.
142. vi. Opinion of Mr. McMahon upon same. 22nd Nov.,
1729. Signed, Geo. McMahon. Same endorsement.
Copy. 3 pp.
142. vii. Opinion of Mr. Tuncks upon same. Signed, Thomas
Tuncks. Same endorsement. Copy. 2 pp. [C.O.
28, 21. ff. 80, 80u., 82-85, 8Qv., 87, 88, 89-92*;.,
68 COLONIAL PAPERS.
1730.
March 30. 143. Governor Hunter to the Duke of Newcastle. I had
Jamca. the honor to write to your Grace by ye Rupert etc. This, by a
merchant ship, serves only to inform you of what has been
done in our last short session of Assembly here. Refers to
enclosures. Continues : As this session broke up on ye 28th
at their own request on account of the season, it being that of
their sugar crops, there was not time to transcribe either the
acts or minutes. These shall be sent by the Plimouth which
is to sayle soon, if they can be gott ready etc. The Assembly
stands adjourn'd only to the 16th of June next. In the mean
time a Comittee of the Council and Assembly are to meet in
order to concert measures or prepare heads of bills for the
further strenghthning and better planting the island and other
matters conducive to the credit and intrest thereof, in pursuance
of the resolutions of this session. I think I am in a way of
getting the better of the unaccountable opposition or obstruc-
tion has been hitherto given to ye publick affairs of this island
so that I may have the satisfaction of doing H.M. effectual
service here in promoting the security and prosperity of a
Colony of such importance to the trade of Great Brittain etc.
Signed, Ro. Hunter. Endorsed, R. June 9th. If pp.
Enclosed,
143. i. Copy of the Weekly Jamaica Courant, March 25,
1730. (a) Address of the Council in reply to H.E.'s
Speech. Express gratitude for confirmation of laws,
and praise the uncommon pains H.E. has " shewn
for the good of this Country," etc. (b) The Governor's
reply, (c) Address of the Assembly to Governor
Hunter in reply to his Speech, 14th March, 1729.
Are cheerfully and unanimously resolved to provide
at once, as recommended by H.E y means for
strengthening and peopling the island, reducing the
rebellious slaves, finishing the fort and encouraging
the new settlement at Port Antonio etc., and to pass
an act for vesting 20 acres on Lynch's Island in the
Crown. Express " grateful sentiments of H.M.
extensive justice to us, on the happy occasion of our
laws being perpetuated " etc., and H.E.'s wise
administration etc. Signed, Tho. Beckford, Speaker.
(d) Governor Hunter's Reply. Announces conclusion
of Peace with Spain etc. Printed by M. Baldwin,
1729. Price one bit, or 7s. 6d. per quarter. The
advertisements are headed : Spices of all sorts to be
sold at the Printers very reasonable. 4 pp.
143. ii. Governor Hunter's Speech to the Assembly, 12th
March, 1729(30). Recommends measures outlined in
preceding i (c). Announces confirmation of Acts for
granting a revenue and reviving and perpetuating the
AMERICA AND WEST INDIES. 69
1730.
laws ; for raising a tax by the poll and trade ; and the
deficiency act etc. Copy. 2f pp.
143. iii. Resolution of the Council of Jamaica, 18th March,
1729(30). Upon the Assembly's address to H.E. for
ordering out parties to suppress the rebellious negroes
etc. and protecting Port Antonio, resolved that a
Proclamation be issued for the encouragement of 100
volunteers etc. Copy. l pp.
143. iv. Address of Assembly to Governor Hunter, 18th
March, 1729(30). Described in preceding. Copy. %p.
143. v. Titles of Acts passed, 17f&. (i) for vesting 20 acres
of land in Lynches Island in the Crown ; (ii) for amending
the highways ; (iii) to oblige the several inhabitants to
provide themselves with a sufficient number of white
people, or pay certain sums of money in case they shall
be deficient, and applying the same to several uses, and
for repairing the wall of Port Royal ; (iv) for raising
several sums and applying the same to several uses ;
(v) for the better suppressing and reducing the rebellious
and runaway negroes ; (vi) for the better regulating slaves
and rendringfree negroes and mulattoes more useful, and
preventing hawking and pedling and enlarging the time
for the Commissioners collecting the outstanding debts.
143. vi. Address of the Council and Assembly of Jamaica to
the King. 26th March, 1730. Congratulate H.M. on
his safe return and conclusion of peace with Spain,
which gives them hopes that their trade with the
Mother Country will now be uninterrupted and ample
reparation made them " for the many and unjust
depredations and captures of our ships and vessells
by the Spaniards " etc. " Wee and our latest posterity
shall always most affectionately and dutifully com-
memorate the establishing our constitution and
perpetuating our laws " etc as a fresh instance of
H.M. paternall goodness and justice to them, etc.
Signed, Tho. Beckford, Speaker ; Jos. Maxwell, Cl.
Cone. 1 large p.
143. vii. Message of the Assembly to Governor Hunter. The
House has resolved that a sum not exceeding 2000
shall be applied for re-building the gaol in this town,
and requests H.E. to give orders for the same and to
appoint a Surveyor at 100 pr. annum. 1 p. [C.O.
137, 53. jf 198, 198u., 199U.-203, 204, 204i;., 206, 208,
209, 211.]
March 31. 144. Governor Belcher to the Duke of Newcastle. About
Pail Mall, ten dayes agoe I did myself the honour of writing you, to beg
of your Grace a favour always allowed the King's Govrs.,
to be made easy in their Lieutt. Govrs., and your Grace was
70
COLONIAL PAPERS.
1730.
April 1.
Whitehall.
April 1.
St. James's.
April 2.
Whitehall.
April 2.
Portsmo.
April 3.
Whitehall.
pleased to tell me (upon the adjournmt. of Parliamt.) you wou'd
speak to the King, that Col. William Tailer might have a Lieutt.
Govr's. Commission. The man of war in which I imbark will
soon be ready, so I must intreat your Grace, to let me have the
Commission to carry with me etc. As it will promote the peace
of that Government, so it will very much H.M. service there,
etc. Signed, J. Belcher. Holograph. If pp. [C.O. 5, 898.
No. 72.]
145. Circular letter from Duke of Newcastle to the
Governors and Proprietors of the Plantations. Encloses
following Order. Concludes : It is not to be understood in
any manner to countermand or retard the execution of H.M.
Order of 22nd Jan. for the immediate restitution of prizes etc.
Signed, Holies Newcastle. [C.O. 324, 36. p. 219.]
146. The King to the Governors and Proprietors of the
Plantations. You are to make and transmit lists and inven-
tories of prizes taken from the Spaniards etc. Countersigned,
Holies Newcastle. Copy. [C.O. 324, 36. pp. 212-215.]
147. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Request payment of Office
expenses and Officers' salaries for quarter ending Lady Day.
Account annexed. [C.O. 389, 37. pp. 308, 309.]
148. Lt. Governor Wentworth to the Council of Trade and
Plantations. Encloses copy of Nov. 15th, 1729. Has often
given an account of the distressed circumstances of those
people for want of a line being run between the two Govern-
ments etc. Continues /These people are 8 or 10 miles to the
norward of where ye line runs, and theire was never a man
setled theire since the Creation, before these north Brittains
came and they were theire seven years uninterrupted untill
the Massachusetts thought the meadows were fitt for moweing
and then they attackt them like furies. Collo. Dunbar has
taken some pains to informe himself about those poore people
etc., every day threatened to be hawled out of their homes,
and we hope since our Province is so very small allreadey, yt.
your Lordships will allow the Dominion, as well as the property,
to be in the Province of New Hampshire. Signed, J. Went-
worth. Endorsed, Reed. 2nd June, 1730, Read 9th June, 1731.
1 p. Enclosed,
148. i. Duplicate of Same to Same, 15th Nov., 1729. l pp.
[C.O. 5, 872. ff. 166-167i;.]
149. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following reply to the complaint made
by Mr. Poyntz, by H.M. Order, of the acts of violence by a
AMERICA AND WEST INDIES. 71
1730.
French man of war at Sta. Cruz etc. v. 12th Feb. Signed,
Holies Newcastle. Endorsed, Reed. 4th April, Read 22nd May,
1730. 1 p. Enclosed,
149. i. Memorial in reply to the complaint of the English
Ambassadors. 28th March, 1730. The voyage of
the King's ship to Sta. Cruz was occasioned by the
information which the Marquis de Champigny, Governor
of the French Windward Isles, had received that the
English were setling on this island in spite of the
rights of France, which conquered it from the Spaniards
80 years ago, and has enjoyed possession thereof ever
since without disturbance, and without its being
contested or claimed by any other Power. It seems
extraordinary that, in spite of this possession, the
English should have undertaken to settle it and
expose the two nations to methods of procedure so
contrary to the Treaties and to the friendship existing
between them etc. There is a marked dissembling
in the report of Walter Chapman, (v. 12th Feb.)
who is an interested witness etc. The Captain of
the King's ship reports that having reached Sta.
Cruz the 2nd Oct. (N.S.) 1729, and being about to
land, he perceived three vessels anchored behind a
bar. He sent a sloop to reconnoitre, which went
aground. The commander having discovered a Jack
hoisted and a battery of two guns and 20 men etc.,
sent in his boat to inform them that the ship was a
French man of war, to which they replied that they
must withdraw. Shortly afterwards the Captain of
the ship, having seen two shots fired from the land,
decided that the vessels might be pirates, and
accordingly sent two armed boats to join the sloop,
which they re-floated. The English vessel nearest
them then fired three cannon shots, and set sail to run
ashore. The two boats pursued and boarded her.
The master and the greater part of the crew escaped
ashore. There remained only a few men who were
about to fire their guns which they had loaded to the
muzzles with grape-shot, but were prevented by the
sailing-master of the man of war, who had been sent
as interpreter and reached the English sloop first in
a little launch, and informed them that the ship was
the King's, which did not at all restrain them. The
two boats having made themselves master of the
three sloops, two of which were unsea worthy etc.,
he assembled the officers of the ship and the Governor
of St. Louis, who was a passenger, etc. and it was
decided that the two unseaworthy sloops should be
burnt and the third seized, and the Bang's flag put in
72 COLONIAL PAPERS.
1730.
the place of the English Jaek, with a cross to mark
the new taking possession, and the ceremonies usual
on such occasions. On the 5th he sent an officer
ashore, who brought two Englishmen to him, whom
he had found on horseback on a high road. They
informed the Captain that there had been a Com-
mandant on the island, who was recalled by Lord
Londonderry and found dead. The Captain gave to
these two Englishmen a written summons to all
Englishmen to withdraw from the island. There were
no papers in the sloop he seized, which made him
believe she was a pirate. Whilst he was weighing
anchor, five negroes flung themselves into the boat.
They were taken on board with an Englishman who
claimed one of them, and to whom he was at once
returned. He said he did not know the others and
believed them to be Maroons. The Captain took
them to Petit Guavas and declared them to the
Admiralty together with the sloop. They have all
been condemned there, and the produce (of their sale]
held until further orders from the King. If the
English who claim to be the owners have good titles,
they have only to transmit them, and everything will
be examined when the proceedings of the Admiralty
Court arrive from Petit Guavas, and justice will be
done by the King. He expects that the King of
England will, similarly, give definite orders to the
English to quit Sta. Cruz, and that he will strictly
forbid any settlements to be made on the French
islands, nothing being more contrary to the good
faith and rights of the Sovereigns than this kind of
enterprise or more liable to injure their good union.
Copy. French. 4| pp. [C.O. 152, 17. ff. 132,
133-135, 137t;.]
April 3. 1 50. Mr. Burchett to Mr. Popple. H.M.S. Oxford, under
Admiralty Lord V. Beauclerk, and Squirrel, Capt. Osborn, designed for
Newfoundland, the Winchelsea, Capt. Waterhouse, for Canseaux,
being to proceed in a short time, asks for Heads of Enquiry as
usual. Signed, J. Burchett. Endorsed, Reed. 4th, Read 8th
April, 1730. Addressed. 1 p. [C.O. 194, 8. ff. 238, 289u.].
April 3. 1 51 . Mr. Popple to Governor Philipps. The bearer hereof
Whitehall. Mr. Daniel Hintze being employed by the Government here to
transport and settle some Palatines in Nova Scotia according
to the Instructions sent you for this purpose, the Lords
Commissioners for Trade desire you will shew him and them
all possible encouragement that a design of so much advantage
to Nova Scotia and consequence to H.M. other Plantations
AMERICA AND WEST INDIES.
73
1730.
April 4.
Whitehall.
April 7.
April 7.
Whitehall.
by so effectually securing their northern frontier may not be
frustrated. [C.O. 218, 2. p. 199.]
1 52. Mr. Popple to Mr. Fane. Encloses copy of the
Carolina Charter and enquires whether any grants by the
Lords Proprietors be valid unless signed by them all and under
their common seal. [C.O. 5, 323. /. 16.]
1 53. Memorandum by Governor Burrington. Places in
N. Carolina in the gift of the Duke of Newcastle ; Chief Justice,
Secretary, Attorney General, Provost Marshall. When I was
Governor for the Proprietors the bill money was under 10,000,
att that time English commodities sold for ten times the prime
cost in bills. In the last Assembly held in Nov. past an
addition was made of 30,000 new bills, which consequently
makes them of very little value, the officers employments
[? =emoluments] will be very inconsiderable if they are not
allow'd to take their fees in Proclamation money, or according
to that value, f p. [C.O. 5, 308. No. 6].
1 54. Report by Council of Trade and Plantations to the
House of Lords. In obedience to their Order of 19th March,
refer to report by the Board 21st March, 1711, giving an account
of all that had been done antecedent to that time in relation
to the production of Naval Stores in the Plantations etc. (v.
H. of L. MSS.). Continue : Since that time, several proposals
have been made to this Board from the merchants and other
persons upon this subject etc. Enclose the Board's reports
thereon (v. C.S.P. 6th July, 1715, 15th March, 1716, 28th
March, 1718, 8th Sept., 1721, 25th Jan., 1725, 16th Feb.
1726, and 20th March, 1728). Continue : We shall beg leave
to take notice of some few particulars not mentioned in said
reports. The first prcemiums upon Naval Stores from the British
Plantations were granted by an Act of 3rd and 4th of Queen
Anne for nine years etc. (quoted), and as the publick found a
considerable advantage to result from the importation of Naval
Stores from Our Plantations, the same bounties were further
continued for eleven years by an act in the 12th of the said
Queen. But as some frauds had been discover'd in the making
and packing of pitch and tar, provision was made by an act
pass'd in the 5th year of His late Majesty, to prevent the like
evil practices for the future ; and it was particularly enacted,
" that no certificate should be made out, in order to allow the
prcemium mentioned in the act of the 3rd and 4th of Q.
Anne, for any pitch or tar imported from H.M. Plantations in
America, till such pitch be freed from dirt or dross, or for such
tar that is not fit to be us'd for making cordage, and that shall
not be freed from dross and water ; and unless such pitch and
tar be clean, good, merchantable and well conditioned." And
74 COLONIAL PAPERS.
1730.
the officers of the Customs were impowered by the same act
to open the heads of the barrels, or use such other means as
they should think proper, in order to find out whether the said
pitch be merchantable, and the tar well condition'd and fit
for making cordage. But as this provision was not thought
sufficient to cure the evil, and complaints were still made, of
a certain burning quality in the American tar ; by an act of
the 8th year of His late Majesty (whereby the proemium upon
hemp was continu'd for the terra of sixteen years after the
expiration of a former act) there was a clause inserted for
making of tar in the same manner as tar is now made in Sweden ;
and it was expressly provided that no proemiurn should be
allow'd upon any tar made in any other manner ; But whether
the difference between the climate of Sweden and that of
our Plantations in America, may have rendred this method
difficult in our Colonies, or whether the want of more perfect
instructions for making of tar, may have made all attempts
of this kind fruitless, so it has happen'd that no tar hath
hitherto been imported, made in this manner ; and the planters
in general affirm, upon their experience, that it is impracticable.
And therefore in the last act, pass'd for giving prcemiums upon
Naval Stores, which was in the 2nd year of His present Majesty,
this method, tho' not wholly laid aside, is not made the only
condition upon which tar imported from ye Plantations, may
be entituled to proemiums, but to encourage the planters still
to try what improvements may be made in this way, a larger
proemium is allow'd for tar made after the Swedish manner.
We must observe to your Lordships, that by this last mention'd
act, many alterations are made from the plans of the former
laws upon this subject, from whence we hope a very considerable
saving may arise in the expense of the prcemiums on Naval
Stores, for the said proemiums are not only considerably reduc'd,
vizt., tar from 4 pr. ton to 2 4s., pitch, from 4 pr. ton to l,
turpentine 3 pr. ton to l 10s. Od., but the importers upon
re-exportation of any naval stores, are oblig'd to repay what
proemiums they shall have receiv'd ; and by this means the
benefit of the said proemiums on Naval Stores will redound to
the Navigation of Great Britain only ; whereas there is too
much reason to believe that foreigners formerly reap'd great
advantage from thence. The prcemiums on masts, yards and
bowsprits, are still continu'd as they were.
As to the other part of your Lordships' Order, which relates
to the establishment of Governors and Governments, we take
leave to observe, that the receipts and payments of money,
either for the Governors or any of H.M. Officers in the Planta-
tions, not passing through this Office, we cannot give your
Lordships so particular a state of their respective establishments
as we could wish, but shall annex hereto as good an account of
them as we are able, and of the variations that have happen'd
AMERICA AND WEST INDIES. 75
1730.
therein, from the establishment of this Office. As most of the
British Colonies in America were originally settled by private
Adventurers at their own expencc, except that of Jamaica,
and are by degrees grown up to be what they now are, so we
have but very imperfect accounts of them, till they came to be
considerable enough to be taken under the immediate care and
protection of the Crown, and such of them as are still Pro-
prietary or Charter Governments, we are but little inform'd
of even at this time, because they keep little correspondence
with this Office, tho' it is not to be doubted, but they, as well
as the others, have gone thro' many variations with respect to
their circumstances and establishments. By the papers annex'd
etc. your Lordships will be appriz'd of all that we have been
able to collect upon this subject, in so short a space of time,
from the many volumes in our Office etc. Describe appoint-
ments and establishments of Governors and officials in the
respective Colonies, as recorded in Board of Trade Papers
16921730. [C.O. 324, 11. pp. 166-235.]
April T 7 ^. 1 55. Extract of letter from Lord Harrington and Mr.
Paris. Poyntz to the Duke of Newcastle. Yesterday we put into the
Garde des S9eaux hands an extract of your Grace's letter of
26th past, relating to the evacuation of the Islands of Sea.
Lucia, St. Vincent and Dominico. He sent it immediately to
the Count de Maurepas, and has promised us an answer within
a day or two at farthest. Copy. \p. [C.O. 253, 1. No. 45.]
April 7. 1 56. Lord Forbes to the Duke of Newcastle. The 76th
London, article of Instruction usualy given to the Governor of the
Leeward Islands, requiring him to get an Act pased for
punishing muteny and desertion etc., I had the honor to acquaint
your Grace that if a draft for such an act ware first prepaired
here, it would prevent any mistake etc. and save time etc.
Encloses following based on the Act in use in England etc.
Continues : By the 34th Article the Governor is directed to
make his ordinary residence at Antegua. Because that being
the windwardmost island, the others may the esier be succored
from thence in case of being attacked etc. This reason can
only subsist in time of war etc. Begs to be allowed to make his
ordinary residence at any of the islands he finds most for H.M.
service, the benefit of the islands or his own health may require.
Continues : As I had the honour to mention to your Grace
the verry bad way the troops in thos islands ware in for want
of quarters and that I hoped the people might be brought to
build barracks for them, if it were thought advisable to give
me any Instructions to move it. And that I had been informed
that ther was noe copper monys current in those islands but
of ye coyne of franc from their neiboring islands, and as I
proposed that H.M. might send a sufficient quontyty of copper
COLONIAL PAPERS.
1730.
April 8.
Whitehall.
April 9.
Whitehall.
money for those islands from his owne mint by directing ten
or 15 pr. centm. of the subsistence for the Regiment to be sent
over in copper etc., I presume just to mention them again etc.
Signed, Forbes. Holograph. 4 pp. Enclosed,
156. i. Draft of an Act for punishing mutiny and desertion,
proposed for the Leeward Islands, v. preceding.
18^ pp.
156. ii., iii. Alterations proposed in the 32nd and 34th
Articles of Instructions v. preceding. 2 pp. [C.O.
152, 43. ff. 81-90, 91, 92, 93-94*;.]
1 57. Duke of Newcastle to the Council of Trade and
Plantations. His Majesty having, in pursuance of the Treaty
of Seville, nominated Mr. Keene, Mr. Stert and Mr. Goddard,
his Commissarys to treat with those, who are, or shall be named
by His Catholick Majesty, concerning such matters as, by the
said Treaty, are refer'd to the examination, discussion and
decision of Commissarys to be appointed for that purpose by
his Majesty and by the King of Spain ; I am to acquaint your
Lordps. with H.M. pleasure, that you should give notice, in
such manner as you shall think proper, to the merchants and
others, who have any claims to be laid before the said Com-
missarys, that they should forthwith bring them to you, and
the claimants ought to annex thereto the necessary proofs and
vouchers to justify the same, which you will put into the hands
of the said Commissarys from time to time as they shall be
brought to you. His Majesty is also pleased to direct that
you do forthwith draw up a representation of all such impositions
and hardships, as have been put upon the trade of His Majty's.
subjects in any of the King of Spain's dominions, to be delivered
to the said Commissarys, whom you will also inform of the
true extent and limits of H.M. possessions bordering upon
those of the King of Spain in America ; and it is His Majty.'s
further pleasure that you give the said Commissarys, who are
directed to advise and correspond with you, all the lights and
informations you can, for the enabling them to execute the
several matters to them refer'd by the said Treaty and the
separate articles belonging to it etc. Signed, Holies Newcastle.
Endorsed, Reed. 8th, Read 9th April, 1730. 2 pp. Enclosed,
157. i. Treaty of Peace etc. between Great Britain, France
and Spain, concluded at Seville, 9th Nov., 1729 (N.S.)
Printed. London, 1729. 15 pp. [C.O. 388, 89. ff.
1-2, 8-9i>., 10v.]
158. [? Duke of Newcastle] to Governor Hunter. H.M.
having been graciously pleased to grant the office of Provost
Marshal of Jamaica to Mr. Forbes who has been many years
in my service, and for whom I have a particular regard, I must
beg that you will be so good as to give him your assistance
AMERICA AND WEST INDIES.
77
1730.
April 9.
Virginia,
Wmsburgh.
April 9.
Bermuda.
that he may enjoy the full benefit of that employment, in order
to which you will be pleased to countenance Mr. Edmond Hyde,
whom he has appointed his Deputy ; wch. I shall acknowledge
as a particular obligation etc. Signed, Holies Newcastle.
Holograph. 1 p. [C.O. 137, 53. /. 113 ; and draft, 137,
47. No. 15.]
159. Lt. Governor Gooch to the Council of Trade and
Plantations. By the ship Randolph of London I have sent your
Lordships herewith the duplicate of a letter which went in the
ship Braxton in January last etc. I have received from the
Treasury the warrant for 1000 signed by H.M. for defraying
the expenses of running the line. And also a warrant for H.M.
royal bounty obtained by your Lordships' representation of
his sufferings ; for which I most humbly thank your Lordships,
for 300. Since I am told by Mr. Perry that the merchants
have no objections to the scheme I had the honour to send
your Lordships for improving the trade of this country ; I
shal do my endeavours, expecting great opposition the planters
having been so long in a very wrong method, to gett the same
pass'd into a law. And as I am clearly convinced that such
a regulation ought to be established : yet, as I have had no
instructions from your Lordsps. in answer to it, I hope your
Lordships will pardon me if I proceed ; in the mean time
explaining to your Lordships what I really mean thereby, and
that no additional duty is laid upon the trade, as some people,
I fear, have designedly as well as industriously propogated.
My Lords the 2s. per hhd. which it is proposed the ships shall
pay to the owners of the tobacco for every hhd. they receive
on board will relieve them from the trouble and charge they
are now at in fetching from the several plantations their cargoes,
which cost them at the least 3s. to 5s. or 6s. pr. hhd. And the
fee of 2s./6d. to the Inspectors is no more than what the
merchants at present pay to their Receivers, men employed
by them to go, to the several planters houses with whom they
trade, and view and examine the tobacco they have purchased,
by whose carelessness, to give it no worse a name, for I am told
they frequently take money on both sides, they are often
deceived. So that I propose, for the same money, they shall
be better served. In a word my Lords, my design is to prevent
the running of tobacco in Great Brittain, which if we can
compass H.M. Customs will be very considerably augmented
etc. The House of Burgesses are to meet on the 21st of May.
Signed, William Gooch. Endorsed, Reed. 3rd June, 1730,
Read 12th May, 1731. Holograph. 1| pp. [C.O. 5, 1322.
ff. 146z;.-147i;., 148i;. (with abstract)].
160. Lt. Governor Pitt to [? Mr. Popple]. Encloses
following duplicates of petition etc. (transmitted by Barbados
78 COLONIAL PAPERS.
1730.
Oct. last), and asks for a speedy answer. Signed, John Pitt.
Endorsed, Reed, (from Mr. Mitchell) 20th, Read 22nd July,
1730. f p. Enclosed,
160. i., ii. Duplicates of Oct. 16, 1729, and encl. i.
160. iii. Petition of Lt. Governor, Council and Assembly of
Bermuda to the King. Oct. 16, 1729. Several of
your Majesties subjects here, who are chiefly supported
by trading in their vessels among your Majesties
Plantations in America, have been taken by
the Spaniards and carried into Spanish ports, as the
Havana, St. Domingo and others, their vessels and
goods been seized and illegally detained (against the
Law of Nations, we humbly conceive) the Masters
and sailors exposed to extreme hardships, and the
owners so great sufferers that the only remedy now
left them, is at this distance to cast themselves at
your Majesties feet imploring relief etc. Pray that
a small ship of war may be stationed there and that
the Commander may advise with the Governor and
Council, and that the Independent Company may be
continued there, " they having upon all occasions
exerted themselves when our coasts have been infested
with privateers and pirates " etc. Signed by, John
Pitt, 12 Councillors and 25 Assemblymen. Same
endorsement. 3 pp. [C.O. 37, 12. ff. 55-57, 58i>.,
59, 60, 61].
April 9. 1 61 . Lt. Governor Pitt to Mr. Delafay. Refers to letters
Bermuda. an( j petition of 16th Oct., 1729, and encloses duplicates.
Continues : Since which the Independent Company have
embarked for Providence in a sloop employed by Capt. Rogers,
which arrived in February last altho' H.M. order was dated
in May, 1729, etc. Prays him to represent to the Duke of
Newcastle the dangers to which the Colony is now exposed etc.
Signed, John Pitt. Endorsed, R. 21. Copy sent to Mr.
Keene, Aug. 24th, 1730. 1 p. [C.O. 37, 29. Wo. 12].
April 10. 162. Order of King in Council. Approving draught of
St. James's, a Seal for N. Carolina etc. Printed, N.C. Col. Rec. III. 79.
Signed, Ja. Vernon. Endorsed, Reed. 30th May, Read 4th
June, 1730. l pp. [C.O. 5, 293. ff. 15, \5v., I6v.].
+
April 10. 163. Council of Trade and Plantations to Governor Worsley.
Whitehall. Acknowledge letters etc. of 27th Sept., 6th Nov. and 1st Dec.,
and acquaint him that they have sent two acts to Mr. Fane etc.
(v. 20th Feb.), and will take them into consideration so soon as
they know his opinion etc. Have recommended Mr. Maxwell
for the Council etc. (3rd March). Continue : In your letter
of 1st Dec. last you acquaint us with the difficulties you labour
AMERICA AND WEST INDIES. 79
1730.
under with respect to the collecting the niony to be raised by
virtue of the Act for supporting the honour and dignity of the
Government, and we suppose you have directed your Agent
to take proper advice upon this subject. We have considered
the copies of the reports of three of the Council at law in
Barbados, upon some doubts relating to the Act for reducing
intrest etc., and we find they do not absolutely disagree with
us in the doubts we raised upon that act altho' Mr. Blenman
thinks that the rule is to construe statutes according to ye
intent of the law-makers ; But as we are more inclined to believe,
that the intention of the law-makers can never be brought in
competition with the express letter of ye law, we think you
had better endeavour to get an explanatory law passed, which
will for the future prevent the possibility of any disputes upon
this subject. [C.O. 29, 15. pp. 133, 134].
[April 10.] 164. John Clarke to Governor Osborn. I have lately
Christchurch. received a letter from some Justices, Bonavista, who desire
me to acquaint you that their Commissions and Instructions
give them no directions about hearing matters of right and
property or recovery of debt, for want of which all such com-
plaints remain undetermined etc. Asks for directions etc.
Signed, Jno. Clarke. Endorsed, Reed, (from Capt. Osborn),
Read 10th April, 1730. Postmark (X Church). Addressed. 1 p.
[C.O. 194, 8. ff. 285, 286, 286u.].
I
[April 10.] 165. Henry Jones and John Henning to Governor Osborn.
Bonavista. 8th Dec., 1729. As newly appointed Justices,
not learned in the Law, ask for instruction as to their powers
etc., as in preceding. Signed, Henry Jones, John Henning.
Endorsed as preceding. Addressed. Sealed. 1 p. [C.O. 194,
8. ff. 287, 288u.].
[April 10.] 166. Petition of Simon Fabian to the Council of Trade and
Plantations. Petitioner's late brother Joseph purchased a
plantation in Newfoundland from Capt. Taverner, and left it
in trust to petitioner for the use of his children. Taverner
endeavoured to dispossess them. Upon a hearing before your
Lordships, Jan. 1723, Capt. Taverner declined any further
pretention to it, but last summer, by false suggestions to Lord
Vere Beauclerk, he surreptitiously obtained a stoppage of the
rent from petitioner's tenants. Prays that his case may be
explained to Lord Vere, who is going Commodore again this
year etc. Endorsed, Reed., Read April 10th, 1730. 1 p.
[C.O. 194, 8. ff. 289, 290u.].
April 10. 167. Order of King in Council. Appointing R. Dinwiddie
St. James's. t o the Council of Bermuda etc. v. 17th March. Signed, Ja.
Vernon. Endorsed, Reed. 30th May, Read 4th June, 1730.
1 p. [C.O. 37, 12. ff. 39, 44u.].
80
COLONIAL PAPERS.
1730.
April 11.
April 15.
Whitehall.
April 15.
St. James's.
April 15.
Whitehall.
168. Lords Proprietors of the Bahama Islands to Col.
Bladen. Mr. Shelton informs us that you have signifyed to him
H.M. pleasure of accepting of a surrender from us etc., and
that it was necessary we should fix the lowest price we expected
for that surrender etc. We hope it will be thought reasonable
to give to each of us 1000 guineas clear of all fees and expences,
for less than that summe we are unwilling to accept, which
would be no more than 6000 guineas for the purchase of all
the islands, but in this surrender we reserve to ourselves the
arrears of rent that shall at the time of our surrender be due
from the lessees or assignes of our lease, etc. Signed, Berkeley,
Beaufort, Craven, J. Colleton, Robt. Abdy as one of the
executors and devisees of Sir John Tyrrell deed. Endorsed,
Reed., Read 27th May, 1730. 1 p. [C.O. 23, 2. ff. 213, 2146.]
169. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Auto-
graph signatures. 1 p. Enclosed,
169. i. Address of the President and Council of S. Carolina
to the King. Return thanks for the purchase of the
soil of the Colony by the Crown, so long desired, and
express loyalty and determination to maintain the
Royal prerogative etc. Charles Town. 9th Feb.,
1729. Signed, Ar. Middleton, P. ; A. Skene, B.
Schenckingh, Benja. De la Conseillere, R. A. Izard,
Wm. Bull, Fra. Yonge, Char. Hart. 1 p. [C.O. 5,
383. Nos. 43, 43.i. ; and (without enclosure) 5, 400.
p. 276.]
170. H.M. Warrant appointing Wm. Tailer Lt. Govr. of
the Massachusets Bay in the room of Wm. Dummer. Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 36. pp. 211,
212 ; and 324, 50. pp. 56, 57.]
171. Order of Committee of Council. Referring following
to the Council of Trade and Plantations for their report.
Printed, A.P.C. III. Signed, W. Gary. No. 208. Endorsed,
Reed. 20th, Read 21st April, 1730. If pp. Enclosed,
171. i. Petition of Jonathan Belcher and Jeremiah Dummer,
on behalf of H.M. Colony of Connecticutt to the King
in Council. The annulling the Act of Connecticut/or
the settlement of intestates' estates on the appeal of
John Winthrop (v. A.P.C. III. No. 112), without
substituting some provision in lieu thereof would
introduce the greatest confusion and occasion a total
alteration in the property of the people there, sett
the nearest relations into litigious contests and
impoverish the Colony by endless law suits. The
order for repeal being made in a private case on an
AMERICA AND WEST INDIES. 81
1730.
appeal, the Colony had no opportunity of being heard
in support of the said act etc. But as soon as they
were informed thereof, they appointed petitioners
etc. to represent, that the custom of dividing intestates'
estates equally among the children, the eldest son
having a double share, was originally introduced into
the Province as what would most contribute to
the settlement of the country, which was then a
large tract of uncultivated land possessed by savage
Indians with whom they had perpetual warrs, and
continued as highly reasonable in itself especially
with regard to the circumstances and nature of estates
in this Province, great part of which are still uncleared
and but a small part of it thoroughly subdued and
the inhabitants have hardly any other way of sup-
porting themselves but by tilling and subduing the
earth and the whole strength of the people is employed
in clearing and tilling the wilds of that Province in
which the younger sons are at least equally laborious
and in which they engage with the greatest chearful-
ness as being well assured they should reap a
proportionable benefitt whether the estate went
according to the law of the province or according to
the will of the ancestor, for etc. such as have made
wills have universally divided their real estates amongst
their children in the proportions abovementioned.
The same custom also prevailed in the next province
of the Massachusetts, who likewise enacted their
custom into a law which the Crown afterwards
thought proper to confirm etc. If the whole go to the
eldest son, the lands will remain unsubdued and the
younger sons must quit Connecticutt etc., the rents
of the lands in New England being so very small that
few of the inhabitants could subsist their familys with
the rents of their lands much less to give portions to
their daughters etc. Pray H.M. by an Order in
Council to confirm to the inhabitants the estates they
now hold under the. said distribution of intestates'
real estates and enable them to divide them in the
same manner for the future, with a saving clause as
to John Winthrop etc., the particular circumstances
of his case differing from most others in the Colony
etc. Signed, Jona. Belcher, Jer. Dummer. 6| pp.
[C.O. 5, 1267. ff. 110-114, H5v.]
April 15. 172. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall, in point of law, four Acts of Pennsylvania, 1727, (i) A supple-
mentary Act to the Act for ascertaining the number of members of
Assembly, and to regulate elections, (ii) for establishing ferries at
C.P. xxxvii e
82 COLONIAL PAPERS.
1730.
Philadelphia etc. (iii) establishing Courts of judicature, (iv) A
supplementary Act to the Act for taking lands in execution for the
payment of debts. [C.O. 5, 1294. p. 8.]
April 15. 173. Mr. Popple to Mr. Oxenford. My Lords Commrs.
Whitehall, desire you will send them an account as soon as possibly
you can, of the quantity of sugar imported from the Leeward
Islands for the last seven years, that you can compleat, distin-
guishing each year and each island. [C.O. 153, 15. p. 50].
April 15. 174. Memorial of loss and damage (3487 Is. 9d. sterl.)
London. sustained by John Sadleir, Thomas Thomas, and Samuel Baker
of London, merchants, owners of the Prophet Samuel taken
with a loading of fish from Newfoundland for Leghorn by a
Spanish privateer, 23rd Nov., 1718. Signed, Jno. Sadleir, Tho.
Thomas and Sons, Sam. Baker. 3 pp. Enclosed,
174. i.-v. Papers relating to foregoing. English, French
and Spanish. Copies. 9 pp. [C.O. 388, 93. Nos.
17, 17 i.-v.]
April 15. 175. Order of Committee of Privy Council. Referring
Whitehall, following to the Council of Trade and Plantations to examine
into the facts and report upon. Signed, W. Gary. Endorsed,
Reed. 25th April, Read 19th June, 1730. l pp. Enclosed,
175. i. Petition of Samuel Waldoe of Boston merchant to
the King in Council, on behalf of Elisha Cooke,
Nathaniel Hubbard, Esqrs., Hannah Davis and
Rebecca Lloyd widows, Nathaniel Byfield, Esqr.,
and Sarah his wife, late Sarah Leveret, John Bradford,
Spencer Phipps, Jahleel Brenton, John Clarke, Samuel
Brown, John Fitch, Adam Winthrop, Samuel Thaxter,
Oliver Noyes, Stephen Mynot, Anthony Stoddard and
Thomas Westbrook Esqrs., Thomas Smith, John
Smith, Nathaniel Appleton, Thomas Fairweather,
Henry Franklyn, Gilbert Bant, Benjamin Brousdon,
William Clarke, John Oulton, Jonathan Waldo,
Cornelius Waldo and John Jeffries merchants, Knight
Leverett, Nathaniel Rogers and Mary his wife, Job
Lewis, James Bowdoin, John Watson, James Green
merchts., Benjamin Allen and Thomas Payne clerks
of John King, all of New England in America.
Abstract. The Council of Plymouth did grant unto
John Beauchamp and Thomas Leverett the lands in
New England etc. between Muscongus and Penobscot
river etc. (described). Under this grant they made very
considerable settlements and improvements, but these
were destroyed in the Indian war which broke out
in 1675, and rendered settlement impossible till the
Treaty of Utrecht. Upon the decease of Leveret,
AMERICA AND WEST INDIES. 83
1730.
who had survived Beauchamp, said lands became
vested in his son, John Leveret, to whom petitioner
Mary Rogers is heir at law. Governor Sir William
Phipps, not knowing it is presumed of John Leverett's
right, treated with Madakowando, Chief Sachem of
the Penobscott Indians, who granted him said lands
for a valuable consideration 1691, by a deed after-
wards confirmed, 10th May 1694, by Madakowando
before two members of the Council of Massachusetts
Province, and has been since acknowledged by the
Chief Sachems of the Indians and their tribes, particu-
larly so lately as 4th Aug., 1726. After the peace of
Utrecht and that with the Eastern Indians, John
Leveret agreed with several gentlemen of substance
to join with him in resettling the said land, and to
remove all possible obstruction, agreed with Spencer
Phipps, adopted son and heir of Sir W. Phipps, and
purchased his interest in said premisses, as witness
his deed poll endorsed on the Indian purchase deed,
13th Aug., 1719. John Leveret then entered into
deeds of association with petitioners named above
(Aug. 14 and 15), in the said land, the whole to be
divided into thirty equal parts, to be holden by them
as tenants in common, with covenants each obliging
the other to procure people to plant and inhabit two
towns of 80 families upon St. Georges River and
erect two saw mills etc. The rest of petitioners have
since purchased several parts of shares from the other
petitioners. They immediately began making the
settlements, and soon after agreed to have as much
land broke up and cultivated as would accommodate
two more towns of 80 families each, and the houses
for their reception to be made comfortable, " and
to bring forwards the said intended settlements, they
built two strong large block-houses with a covered
way from them to the waterside to secure the men
from the incursions and injuries of the Indians who
daily resorted there in great numbers, and oftimes
threatened those employed in building and clearing
the land who used severall stratagems to get them
from off those lands." Petitioners also built a double
saw mill to facilitate the settlements and bought a
sloop, and hired men to transport people and their
effects, besides severall other sloops employed by them
in the said undertaking, and had for above twelve
months a captain and twenty soldiers whom they
paid and subsisted in the blockhouses, who were
provided with great and small artillery etc. at the sole
charge of the Association etc. In June 1721, 200
84 COLONIAL PAPERS.
1730.
French Indians surprized took and burnt one of
petitioners' sloops and killed one of their men and
took six captive, and next day attacked the block-
houses with fire-arms for several hours, and used
several devices to have burnt them, but were defeated
by the courage of the men employed by petitioners,
who, in spite of the great losses inflicted on them,
still maintained the two blockhouses with warlike
stores and provisions for several months afterwards,
although the Government of the Massachusetts had
proclaimed war with these Indians and the other
Eastern tribes. Petitioners " being by this war
incapacitated from pursuing the settlements they had
so successfully begun, were obliged to desist there-
from, but they yet held the two blockhouses and
defended the same against the seige by the Indians
for twelve days and killed 20 of the enemy, and
apprehending the same might be of great service to
the Massachusetts Governmt. in carrying on the war,
they made a tender of them to the Government during
the war and untill petitioners should have occasion
to use them for the purpose at first designed, which
offer the Government accepted, and to whom they
proved of great service in the war, and were the sole
means of keeping that part of the country from falling
into the hands of the Indians, and have ever since
continued under the protection of the Government,
and since the war ended a truckhouse is erected in
the blockhouses, which are used as magazines for
Indian goods " etc. After war, petitioners resolved to
go on with their settlements, and for that purpose
obtained a letter from Governor Shute to the chief
of the Penobscot Indians to facilitate their finishing
their settlements. But soon afterwards another war
broke out with those Indians which prevented
petitioners further proceeding in their intended
settlements. But a peace being again concluded
some short time before Mr. Burnett's coming to that
Government, petitioners obtained a like letter from
him as they had done from Governor Shute, and were
going on to improve those lands with all possible
vigour, and had actually got a Minister and 120
families ready to go and settle one of the intended
towns, but to their great surprize disappointment
and loss, have met with an interruption herein from
David Dunbar Surveyor General of H.M. Woods,
who on being waited on by petitioners hath forbid
them from going on with the said settlements on any
other terms but their taking grants from him in the
AMERICA AND WEST INDIES.
85
April 16.
Custom
House.
1730.
same manner as if they had not already any title
thereto. Upon which petitioners informed him that
they would lay before your Majesty the matters
aforesaid, and he promised not to intermeddle with
the said lands till your Majesty's pleasure should be
known. Pray that orders be sent to Col. Dunbar not
to intermeddle with said tract of land etc. Signed,
S. Waldo. Copy. 17%pp. [C.O. 5, 871. ff. 120-129*;.,
1810.]
176. Account of sugar imported into England from the
Leeward Islands yearly from Christmas 1721-1728. Antigua,
cwt. 80,067. 0. 9 ; 149,361. 1. 6 ; 119,367. 2. 8. ; 149,421. 2. 5. ;
67,678. 0. 22. ; 96,112. 0. 25. Average, 121,324. Mountserrat,
28,872. 2. 15. ; 30,900. 0. 4. ; 18,455. 0. 20. ; 29,889. 3. 27. ;
26,047. 1. 7. ; 32,689. 3. 19. ; 50,635. 3. 7. Average, 31,070.
Nevis, 58,724. 1. 8. ; 56,489. 0. 18. ; 52,939. 0. 1. ; 59,402. 2.
18. ; 25,856. 1. 18. ; 30,233. 2. 22. ; 50,293. 3. 9. Average,
47,701. St. Christophers, 114,035. 1. 6. ; 122,101. 1. 27. ;
95,495. 2. 5. ; 128,746. 3. 26. ; 127,168. 1. 16. ; 141,366. 1. 10. ;
165,642. 2. 7. Average, 127,793. Average total, 327,893. 1. 15.
(The averages worked out in pencil on enclosed slip).
Signed, John Oxenford, A.I.G. Endorsed, Reed. 17th, Read
23rd April, 1730. If pp. [C.O. 152, 17. ff. 129, 130, 131i>.]
177. Extract of letter from Lord Harrington and Mr.
Poyntz to the Duke of Newcastle. We have put into the Garde
des S9eaux's hands, a translation of the paper transmitted by
the Lords of the Admiralty in their letter to your Grace of the
7th, as also of that part of your Grace's letter of 26th, wch.
relates to Dunkirk and Sta. Lucia to which he has promised us
answers very soon. Copy. % p. [C.O. 253, 1. No. 46.]
April 17. 1 78. Thomas Lowndes to the Council of Trade and Planta-
tions. Two or three years ago there passed in S. Carolina an
Act declaring all process to be void, that was not personally
served upon the party, by the Provost Marshall or his Deputy,
which Act makes the execution of common Justice, not only
difficult but impracticable ; and is very prejudicial to the
commerce of Great Britain. For no merchant will now furnish
any commoditys to a Planter, that lives at any distance from
Charles Town, because he cannot be compelled to be just, and
the Planter is thereby forced to go upon such manufactures,
as interfere with those of Great Britain. This evil will be of
very bad consequence if not speedily redressed, by reauthorizing
the summons Act or otherwise etc. There wants in S. Carolina
a suitable publick provision for indigent criminels, it being
equally inhuman that those poor wretches should perish through
want of common sustenance, as it is unreasonable that the
April .
Paris.
86
COLONIAL PAPERS.
1730.
Provost Marshall should subsist them at his own proper charge.
Endorsed, Reed. 17th, Read 21st April, 1730. 1 large p. [C.O.
5, 361. ff. 92, 92u.]
[April 17]. 179. Commodore Lord Vere Beauclerk and Governor
Osborn to the Council of Trade and Plantations. Queries :
If upon our return, we should find any of the inhabitants
have disobeyed the order for a levy (v. C.S.P. 14th Oct., 1729),
in what manner may they be legally punished ? (ii) If any
have ill-treated the Justices and Constables, or destroyed the
stocks or whipping-posts that were erected, may we not legally
oblige them to make good again and punish them corporally
besides ? (iii) Can the Justices of the Peace, in the absence
of the Admirals, decide differences relating to property, or is
their power restrained to the maintaining of peace and quietness
only ? (iv) Has Captain Osborne power by his Commission
to raise any tax the Justices of the Peace shall propose to him,
for repairing the Church, the prison or any other publick work ?
No signature. In Lord Vere's hand. Endorsed, Reed, (from
Lord Vere and Capt. Osborn), Read 17th April, 1730. 2 pp.
[C.O. 194, 8. ff. 291, 2910., 292i>.]
April 17. 180. Mr. Popple to Mr. Fane. Encloses copies of Governor
Whitehall. Osborn's queries (preceding), of his Commission and of that
given by him to the Justices for his opinion thereon. [C.O.
195, 7. pp. 246, 246a].
April 17. 181. Mr. Popple to Mr. Attorney General. As preceding.
Whitehall. Requests answer on Friday morning, the ships being ready to
sail etc. [C.O. 195, 7. p. 246a.].
April 18.
Lyme.
1 82. John Burridge to the Council of Trade and Plantations.
Observing by the Gazette that claims for seizures by the
Spaniards are to be laid before the Board, enquires as to what
course he should pursue in relation to proofs in the case of the
ship Satisfaction loaden with fish from Newfoundland bound
for Oporto, but by bad weather forced into Vigo, and there
seized by the Spaniards in 1718, before the war was declared,
the fish sold and the fish burned. This affair with divers
other losses sustained by the merchants of London were recom-
mended by Lord Carteret in 1723 to Col. Stanhope at Madrid
to demand satisfaction according to the 7th article of the treaty
of commerce at Utrecht, 1721, but none has been obtained etc.,
when he sent the papers and affidavits in the case to the Consul
at Corunna etc. Signed, John Burridge. Endorsed, Reed.,
Read 28th April, 1730. Addressed. Sealed. Ij pp. [C.O.
388, 89. ff. 27, 27u.,
AMERICA AND WEST INDIES.
87
1730.
April 20.
St. James's.
April 20.
St. James's.
April 20.
St. James's.
April 21.
Whitehall.
April 23.
Barbados.
183. Order of King in Council. Approving Additional
Instructions to Governor Philipps and Col. Dunbar relating to
the settlement of Irish and Palatines in Nova Scotia. Signed,
Ja. Vernon. Endorsed, Reed. 30th May, Read 4th June, 1730.
1 p. [C.O. 217, 5. ff. 199, 200i>. ; and (signed, W. Cary) 5,
192. /. 473].
1 84. Order of King in Council. Upon a memorial from the
Lords Commissioners of the Admiralty, that they have received
several complaints from the Judges and other officers of the
Vice- Admiralty Courts at H.M. foreign islands and Plantations
of the interruptions they have met with in the execution of
their employments from the Provincial Judges, who have
issued divers prohibitions against their proceedings in matters
properly depending before, and cognizable in the aforesaid
Courts of Vice- Admiralty, whereby the course of justice hath
been very much obstructed by the interfering of the juris-
dictions of the common law, and that of the Admiralty, and
H.M. subjects in those parts have suffered great hardships etc.
Ordered that the Lords Commissioners for Trade and Plantations
do prepare draughts of Instructions to all H.M. Governors in
America requiring them to use their best endeavours in assisting
the Officers of the Vice-Admiralty Courts within their Govern-
ments in the legal execution of their respective employments
in all matters, that may properly and judicially come under
their cognizance. Signed, W. Cary. Endorsed, Reed. 25th,
Read 30th April, 1730. 2pp. [C.O. 323, 9. ff. 35, 35v., 36w.].
185. Order of King in Council. Approving draughts of
Instructions to Governors in America to support the Bishop of
London and his Commissaries in the exercise of the ecclesiastical
jurisdiction granted to them etc. Signed, Ja. Vernon.
Endorsed, Reed. 30th May, Read 4th June, 1730. 1% pp. [C.O.
323,9. ff. 42, 42w., 450.].
1 86. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Encloses copy of Charter of Connecticut. Continues : My
Lords Commissioners desire your opinion in point of law,
whether the said Colony have thereby any power vested in them
of making laws which affect property ; or whether that power
is not confin'd to the making of by-laws only ? and whether
if they have not the power of making laws affecting property,
they have not forfeited their Charter, by passing such laws.
[C.O. 5, 1294. p. 9].
187. Governor Worsley to the Duke of Newcastle.
Immediately on receipt of his Grace's letter he communicated
it to the Council and ordered the publication of the King's
order for the cessation of hostilities and restitution of prizes
fc COLONIAL PAPERS.
1730.
to the subjects of Spain to be published in the several towns
and churches etc. Continues : I know as yet of no one ship
that the Spaniards have taken belonging to this Island, that
is within the time of the restitution ; the Dolphin Jasper Morris
master loaden with sugar bound for London was taken the
3T June, 1728. I shall be religiously observant of H.M. com-
mands to me upon this head and shall on my part punctually
comply with the obligations of the Treaties etc.
In my letter of 29th March etc. I had the honour of advising
you that I could not certainly know, whether the Assembly
and Vestry-men would this year pay due obedience to the law,
for raising a levy to H.M. of 2s. Qd. pr. head on negroes etc.,
in that they were not obliged to make their returns till the
20th inst. ; on the 16th instant most of the Assembly-men
made their returns of the persons, who had given in to them
the number of their negroes etc., but five only of the Assembly
return'd a list of those, who neglected to give them in ; for as
the law lays a penalty of 50 on every Assembly-man who does
not take in the lists of persons, negroes etc. in their respective
parishes, so they were under a penalty of 50 if they did not
by the 20th instant return a list of those, who gave them in,
as also of those, who neglected to give them in, and as last
year they were levyed on for both these penalties, tho' by the
Treasurer's accounts I don't find they have yet paid it, they
will this year be liable to pay but one of these penalties ; and
thus they propose to save the inhabitants of their parishes
their tax in order to keep up their interest, for their cry is the
good of their country ; as if they are not obliged by the law
to give in these lists even after the 20th instant, the penalty
being only to quicken their diligence, for the law does not
excuse them from giving in their lists afterwards, tho' they
should be levyed upon for their penalties. Nor can the inhabi-
tants be excused paying, because the Assemblymen do not
return them as delinquents etc. Quotes clause x. of the Act
for the support of the Government etc. Continues : By the
enclosed lists your Grace will see how few have given in the
number of their negroes etc. which has been occasioned by the
inhabitants not being obliged to pay double, who did not pay
last year ; and many more would have given in, if the Assembly-
men had publickly appointed a place, where they would daily
attend to take them in, as was always usual till the last year,
and this, but instead of this, many of them (as I am informed)
declared they would not return the lists of the defaulters, and
thus they discouraged the people from giving in. The five
Assemblymen etc. abovementioned are threatned to be turned
out at the ensuing election etc. The Vestry of St. Michael's
parish have behaved in a most extraordinary manner this year,
they met as the law directs to apportion upon the inhabitants
of the town 1800, and 350 upon the Jews ; they laid both,
AMERICA AND WEST INDIES. 89
1730.
but when they were going to sign it, the apportionment was
lost, and they would not make a Vestry afterwards, in order
to return it. The Minister of the Parish, Mr. Johnson, Mr.
Harrison and Mr. Shurland attended constantly their duty,
and design to justify upon their voluntary oath before a Justice
of Peace their innocence, and conduct. Signed, Henry Worsley.
Endorsed, R. June 25th. 5 pp. Enclosed,
187. i.-iii. Duplicates of March 29 encl. i.-iii.
187. iv. List of persons who gave in the number of their
negroes to their several Assemblymen for 1730, as
they were given to William Terrill Esqr., Chairman
of the Committee of Publick accounts, 18th April,
1730. With numbers of negroes. 6f pp.
187. v. Duplicate of No. iv.
187. vi. A List of numbers of those who paid and did not
pay the poll-tax on negroes for 1729, computed from
those who paid in 1728. Paid, 689 ; Not paid, 2719.
I p.
187. vii. Number of persons who have given in lists of
their negroes for 1730, 120; Persons who ought to have
been returned as defaulters, 3,331. Assemblymen
who returned lists of defaulters ; Francis Vaughan,
Richard Rycroft, George Barry, Michael Corner,
John Jones. 1 p.
187. viii. Duplicate of No. vi.
187. ix. Duplicate of No. vii. (numbers wrongly added).
187. x. Attorney General's opinion upon queries put to him
by the Treasurer as to enforcement of penalties against
defaulters under the Act for the support of Government
etc. April 23, 1730. Signed, J. Blenman. If pp.
[C.O. 28, 45. ff. Q7v., 98, 99u., 100, lOlz;., 102, 103-
105, 106U.-118, 119, 119v.].
April 23. 188. Governor Worsley to the Council of Trade and
Barbados. Plantations. Duplicate, mutatis mutandis, of preceding covering
letter from 2nd paragraph. Signed, Henry Worsley. Endorsed,
Reed, llth June, Read 15th Oct., 1730. 5pp. Enclosed,
188. i. Duplicate of encl. x. preceding.
188. ii. Account of money received (1866 1*. 8d.) on the
2s. 6d. levy for year ending Sept. 30, 1729. Signed,
George Plaxton, Treasr. Endorsed, Reed, llth June,
1730. Copy. 2 pp.
188. iii.-vi. Duplicates of encl. i. vi., vii. preceding.
Endorsed as preceding. [C.O. 28, 21. ff. 96-98, 100,
104-107i;., 108t;.-109t;.].
90
COLONIAL PAPERS.
1730.
April 24.
Whitehall.
April 24.
Admiralty
Office.
April 24.
Whitehall.
April 25.
189. Council of Trade and Plantations to Governor
Montgomerie. In reply to letter of 2nd Aug. have not altered
their opinion with regard to the New Jersey Act, 1728, for
appropriating of the interest money to the incident charges of
the Government etc. He is therefore to put the Act of 1723
into execution according to its original intention. Unless they
hear by the first return that the Assembly agree to repeal the
last clause of the Act for appropriating part of the interest money
etc. (v. July 9, 1729 etc.) they will certainly offer it for H.M.
disallowance etc. Hope that he will hold Courts of Chancery
according to his Instructions. They think he has been some-
what remiss in his correspondence, not having heard from him
since November. Require him to send frequent reports, the
public papers constantly, and full answers to their circular
queries. Printed, N. J. Archives, 1st Ser. V. 266. [C.O. 5,
996. pp. 262-265].
190. Mr. Burchett to Mr. Popple. Requests that all
convenient dispatch may be made with Heads of Enquiry for
the Captains of ships for Newfoundland etc. Signed, J. Burchett.
Endorsed, Reed. 24th, Read 28th April, 1730. Addressed.
1 p. [C.O. 194, 8. ff. 293, 294u.]
1 91 . Council of Trade and Plantations to Governor Rogers.
Having received your letters of 12th Nov. last from New
Providence, we congratulate you, upon your safe arrival there,
and do not doubt of your improving the good disposition which
you say the inhabitants of the islands under your Government
are in, upon H.M. having been graciously pleased to impower
you to call an Assembly. We shall expect the acts passed by
them, by the first opportunity, upon which we shall represent
our opinion to H.M. ; and we hope with you, that your next
letters will bring us a better account of the health of the King's
subjects under your Government with a good prospect of an
improving settlement. We presume you will always lay hold
of the first opportunity to transmit to us the publick papers
required by your Instructions, as also full and satisfactory
answers to our circular queries. In the mean time we hope
that the increase of your inhabitants does not come from H.M.
other islands, who would be as much prejudiced as the Bahamas
will be advantaged by the change. [C.O. 24, 1. pp. 189, 190.]
192. Francis Elde to [? Governor Burrington]. Recommends
Mr. Smith, a barrister at law for two years, for the post he
seeks. Signed, Fran. Elde. f p. [C.O. 5, 308. No. 7.]
April 26. 193. Mr. Fane to the Council of Trade and Plantations.
Reply to 17 th April, (i) The Justices of the Peace have a
power of raising money upon the inhabitants for building a
AMERICA AND WEST INDIES.
91
1730.
goal subject to the method prescribed by the statute of 11 and
12 Wm. etc. (cf. No. 196.) Continues: This method ought
to have been pursued by the Justices of Newfoundland if it
had been possible. But I must submitt it to your Lordships,
supposing it has not been strictly pursued, as the assessment
of fish was equally laid ; as the people have submitted to it,
as no other way could be thought on for raiseing this tax, and
as H.M. Commission will be intirely ineffectual unless a goal
is built ; whether any inconvenience can arise if upon refusal
of any of the persons assessed, the method laid down by the
statute of Wm. III. was followed to compel them to a compliance
with it. (ii-iv) To same effect as Attorney General in No. 196.
Concludes : Whether Justices here have power to levy a tax
for repairing churches in my humble apprehension is a little
doubtful, and therefore I would not advise Capt. Osborne with-
out further powers to attempt it. Signed, Fran. Fane. En-
dorsed, Reed. 30th April, Read 1st May, 1730. If pp. Enclosed,
193. i.-iii. Duplicates of encl. i.-iii. following. [C.O. 194,
8. ff. 307, 307v., 30Sv., 309, 310-313, 314-317i>.,
318u.]
April 27. 194. H.M. Warrant to John Rollos for engraving a seal in
St. James's, silver for North Carolina, representing on one side Liberty
introducing Plenty to Us with this motto, Quoe sera tamen
respexit, with this inscription round the circumference, Sigillum
Provinciae Nostrae Carolinae Septentrionalis ; and on the other
side Our Royal arms, crown, garter, supporters and motto,
with this inscription round the circumference, Georgius
Secundus etc. Countersigned, Holies Newcastle. Copy. [C.O.
324, 36. p. 215.]
April 27. 195. H.M. Warrant appointing Robert Dinwiddie to the
St. James's. Council of Bermuda in the room of Daniel Tucker deed.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. p.
216.]
April 27. 1 96. Mr. Attorney General to the Council of Trade and
Plantations. Reply to April 17th. (i) I do conceive that the
Justices of the Peace had not sufficient authority to raise money
for building a prison, by laying a tax upon fish or fishing boats,
because the Act for encouraging the trade to Newfoundland
directs that it shall be a free trade. The power of the Justices
in England for building of goals depends upon the statute of
11 and 12 Wm. III. ch. 19, by which they are enabled to make
an assessment for that purpose upon the severall divisions of
their respective Counties after a presentment made by the
Grand Jury at the Assizes, Great Sessions or General Goal
Delivery. As the Justices of the Peace in Newfoundland are
92 COLONIAL PAPERS.
1730.
by their Commissions to act according to the laws of England,
I apprehend they ought to have pursued this Act of Parliament
as near as the circumstances of the case would admit, and to
have laid the tax, after a presentment by some Grand Jury,
upon the inhabitants, and not upon fish or fishing boats. So
far as the people have submitted to this tax there may be no
occasion to call it in question, but I cannot advise the taking
of rigorous methods to compell a complyance with it. (ii)
Persons guilty of assaulting Justices or Constables, or of resist-
ance to their authority, may be indicted for such offences at
the Quarter Sessions and punished by fine or imprisonment,
but for contemptuous words spoken of the Justices or their
authority, they can only be bound to their good behaviour.
Offences by destroying the stocks or whipping posts are indict-
able and may be punished by imprisonment or fine, or partly
by the one and partly by the other, and H.M. may direct the
fines to be applied to make good such stocks etc. (iii) I am of
opinion that the Justices cannot decide differences relating to
property, and that their power is restrained to the criminal
matters mentioned in their Commissions, (iv) Neither Capt.
Osborn nor the Justices have power to raise any tax for
repairing churches or any publick works, except such works
for which power is given to Justices of the Peace in England
to levy money by particular Acts of Parliament (v. No. i.).
Capt. Osborn' s Instructions not having been laid before me I
cannot judge what powers are thereby given to him, but I
presume that no power is comprized in those Instructions of
imposing taxes in generall without the consent of some Assembly
of the people. Signed, P. Yorke. Endorsed, Reed. 28th April,
Read 1st May, 1730. 3 pp. Enclosed,
196. i. Copy of Queries April 17th.
196. ii. Copy of Governor Osborn's Commission (v. C.S.P.
May 14th, 1729.)
196. iii. Copy of Commission to Justices of the Peace in
Newfoundland given by Governor Osborn. (v. C.S.P.
14th Oct., 1729). [C.O. 194, 8. ff. 295-296, 297,
298-305^., 306u.]
April 27. 197. H.M. Additional Instructions to Governor Phillips.
St. James's. You are to give assistance to David Dunbar in his laying out
lands for Protestant Irish families now settled in Maine and
Protestant families from the Palatinate. After Mr. Dunbar
has laid out the 200,000 acres to be reserved for H.M. Navy,
he is to set out another 100,000 acres between the Rivers
Penobscot and St. Croix. You are then to grant to the said
Palatines lands upon the following conditions : For every 40
families 100,000 acres or 12 miles square, which shall be erected
into a particular parish, district and township. Within each
of these districts, you are to set apart a particular place for
AMERICA AND WEST INDIES.
1730.
building a town, to consist of 100 dwelling houses etc., and to
each of these houses shall be annexed a town lot of 40 acres etc.
To every family settling there, you shall grant one of the said
town lots and 100 acres or more of land in proportion to their
number and ability. The lands remaining within the said
districts are to be granted either to such inhabitants as shall
be disposed to settle there, or to the ancient inhabitants, as
their circumstances and industry shall render them capable of
cultivating larger tracts than were originally granted to them,
provided that no one person do possess a larger tract than 1000
acres in his own name or in any others. A competent quantity
of land is to be allotted in each district for the maintenance of
a Minister and a schoolmaster etc. One penny per acre on
grants either East or West of St. Croix to be reserved to H.M.
for quit rent, after the first three years, a power being likewise
reserved to H.M. to levy a further sum not exceeding Id. pr.
acre annually for and towards the necessary charge and support
of our Government there, as occasion may require. And as
we do hold it to be for Our service and for the security of such
of Our subjects as shall be disposed to become planters, that
they should be settled in townships or districts, that they may
the better be able to defend and assist each other, as well against
savage Indians, as against any other enemy that may at any
time attack them ; you are hereby directed to make all settle-
ments in the like manner as above directed etc. In all other
matters you are to govern yourself by Our former Instructions
etc. especially as regards the Fishery etc. You are to furnish
Col. Dunbar with soldiers necessary to protect him whilst setting
out woods for the use of the Royal Navy etc. Signed, G.R.
Copy. [C.O. 5, 192. pp. 477-483].
April 27. 198. H.M. Additional Instructions to David Dunbar,
St. James's. Surveyor General of the Woods in America. To lay out lands
as directed in preceding. Cf. March 25. Signed, G.R. Copy.
[C.O. 5, 192. pp. 485-490].'
April 27. 199. Mr. Willard to Mr. Popple. Encloses Journal of
Boston. Assembly and acts of session 19th Nov., 1729, and Minutes of
Council to end of Feb. 1729, and Treasurer's accounts. Signed,
Josiah Willard. Endorsed, Reed. 5th June, 1730, Read 9th
June, 1731. 1 p. Enclosed,
199. i. Accompts of Jeremiah Allen, Treasurer and Receiver
General of H.M. Revenue in the Massachusets Bay,
31st May 17281729. Totals, expenditure and
receipts, 166,234 3s. Sd. Signed, Jer. Allen. En-
dorsed, Reed. 5th June, 1730. 28| pp. [C.O. 5, 872,
ff. 126, 127r., 129-143, 145u.].
94
COLONIAL PAPERS.
1730.
April 28. 200. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following for their report. Signed,
Holies Newcastle. Endorsed, Reed. 28th, Read 29th April,
1730. 1 p. Enclosed,
200. i. Edmond Porter to the Duke of Newcastle. N.
Carolina, Albermarle, 22nd Dec., 1729. Abstract.
Refers to memorial of 15th June. Now that Governor
Sir Richard Everard know that the country is under
the Crown, he has broken through his intention not
to grant any more lands till H.M. pleasure be known,
and now every day signs both warrants and patents.
He was induced some time ago, by the uncommon
art and cunning of John Lovick, acting as Secretary,
and Edward Moseley, Surveyor General, and William
Little, the Receiver General of the Lds. Proprietors,
to sign many patents wherein the number of acres
are left blank, and on the same patents are Little's
receipt in blank for the purchase money etc. Believes
Sir Richard intended such patents to be for tracts
of 640 acres, according to the laws and the Lds.
Proprietors orders. But people are filling up the
blanks for 5000 acres or more and the money goes
into the pockets of " those three messinarys, Lovick,
Moseley and Little " etc. Proposes the appointment
of himself as Receiver General with power to inspect
into such transactions etc. Printed, N.C. Col. Rec.
III. 81. Signed, Edmond Porter. 2f pp. [C.O. 5,
293. ff. 7, 8-9, 10w.].
April 28.
April 28.
Whitehall.
201. Governor Johnson to the [Duke of Newcastle}. As
it may frequently happen that I shall be obliged to go out
of the Province to make peace with the Indians and to
adjust affairs with the Governors of N. Carolina, Virginia,
Maryland etc., prays that Col. Thomas Broughton may be
appointed Lt. Governor. He has one of the best estates,
formerly held that office and divers other publick employments,
in which he always acquitted himself with great honour etc.
Signed, Robt. Johnson. 1 p. [C.O. 5, 383. No. 44 ; and
5, 388. /. 18].
202. Mr. Popple to Mr. Burchett. Reply to April 3.
Encloses Heads of Enquiry for Capt. Waterhouse etc. Con-
cludes : H.M. having last year given a Commission to Capt.
Osburn to be Governor of Newfoundland and having changed
the usual Heads of Inquiry into Instructions to the Lord Vere
Beauclerk as the same persons are again appointed for that
station, my Lords do not think it necessary to add anything
thereto this year, that Commission and those Instructions being
still in force. [C.O. 218, 2. pp. 200, 201].
AMERICA AND WEST INDIES.
95
1730.
[April 28].
203. Memorial of John Winthrop to the Council of Trade
and Plantations. The allegations in the petition of Messrs.
Belcher and Dummer (v. April 15th) cannot be supported in
law or fact. The Act for the settlement of intestates' estates is
contrary to the laws of this realm in a double respect, first as
it directs intestates' real estates to be distributed to all the
children etc., whereas by the course of descents at law he is the
sole heir ; Secondly, as it empowers the Court of Probates,
which is a spiritual Court, to hold plea of freehold estates, which
by law can only be subject to the jurisdiction of temporal
Courts. This act being in its own nature null, void and repug-
nant to the very powers granted by the Charter of K. Charles
II, it is a gross mistake in the petitioners to allege that the
same was annulled by H.M. Order of 15th Feb., 1727, whereas
H.M. did upon Councell heard on both sides, thereby only
relieve memorialist, as a subject and inhabitant of Connecticut,
who resorted to his royal justice for relief, against the oppression
of a Court of Probates, acting without any legal jurisdiction,
under the pretended authority of an act etc. which was in itself
void and null, even before H.M. for the future information of
his subjects in Connecticut, was graciously pleased to declare
it so etc. Those who approve of such a method of distribution
are at liberty to make the same by will, which will sufficiently
answer the purpose mentioned of encouraging all the children
to contribute to the improvement of their fathers' estates etc.
Memorialist can find no such act of the Massachusets Bay as
petitioners allege to have been confirmed. The request of the
petition is far from being the united request of the whole Colony.
Ever since the act was passed, numberless disputes have arisen
thereupon, and many have groaned under the oppression of
the Court of Probates, and arbitrary proceedings of the
Assemblys, in support of their jurisdiction. Many appeals
of the same nature as memorialists would have been brought,
had the persons aggrieved been enabled to support the expence
etc. Pray the Board to represent the great illegality and
injustice of the Act etc. Signed, J. Winthrop. Endorsed,
Reed., Read 28th April, 1730. 6 pp. [C.O. 5, 1267. ff. 116-
April 28. 204. H.M. Additional Instructions to the Governors of
St. James's. Jamaica, Barbados, Bahama Islands, Bermuda, New York, New
Jersey, Virginia, Maryland, Pennsylvania and Nova Scotia,
on the Bishop of London's Commission. As March 17 encl. ii.
Signed, G. R. [C.O. 324, 36. pp. 217, 218.]
April 28. 205. Council of Trade and Plantations to the King. In
Whitehall, our representation to the Lords Justices of ye 30th of Augt.
1720, accompanying a draught of Instructions for Francis
Nicholson Esqr. the Governor of South Carolina, we did
96 COLONIAL PAPERS.
1730.
propose that Commissions should forthwith he prepared to be
used in ye two Provinces of South and North Carolina, for
trying of pirates, in both ye sd. Provinces. Their Excellencies
in Council on ye 20th of September following etc., did order
such Commission to be prepared for ye Province of South
Carolina, and by their second order in Council of ye llth of
Octr. 1720 directed this Board to lay before them, ye names of
p. sons p. per to be inserted in ye sd. Commission, wch. we did
etc. ye 27th of ye same month. But that order not extending
to North Carolina, which was then under the Government of
the late Lords Proprietors, no such Commission hath ever yet
been directed for the trying of pyrates in that Province ; and
your Majesty having been graciously pleased to appoint Captain
Burrington Governor thereof ; we humbly propose to your
Majesty, that the like Commission may be sent thither, for the
trying of pyrates, as has been usually sent to other Plantations
under your Majesty's immediate Government etc. Propose
persons fit for the Commission, i.e. Governor Burrington, the
Vice Admiral of the Province, Members of Council, Judges of
Vice- Admiralty, Captains of ships of war within the jurisdiction
of N. Carolina, the Secretary, Treasurer, Receiver General,
Surveyor General of Customs for the Southern Provinces, and
the Chief Justice of N. Carolina. [C.O. 5, 323. ff. 14-15.]
April 30. 206. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Whitehall. Encloses memorial from Mr. Winthrop, which may be of service
in making a return to the queries of 21st, which is desired as
quickly as possible. [C.O. 5, 1294. p. 10.]
[April 30]. 207. Governor Johnson to the Council of Trade and
Plantations. Explanation of his scheme for settling townships.
(v. 7th March). Signed, Robt. Johnson. Endorsed, Reed.,
Read 30th April, 1730. 2| pp. [C.O. 5, 361. ff. 95-96i?.j
April 30. 208. William Basnett to the Council of Trade and
London. Plantations. About 13th June, 1728, at the request of Mr.
John Pemberton merchant in Leverpoole and owners of the
ship Penelope etc., I sent into your Board sundry affidavits
relating to the said ship being taken by a Spanish privateer
etc. And now annexed you have the first and second mates'
affidavits who were carried to the Havanna. Signed, Wm.
Basnett. Copy. \p. Enclosed,
208. i. Deposition of W. Basnett, of Hackney, merchant.
5th Aug. [1728 ?]. Deponent well knows John
Pemberton, Daniel Danvers, William Crossby and
knew the husband of Ann Heywood, the owners of
above ship, which with her cargo he insured for 600
in the voyage from Virginia to Leverpool mentioned
AMERICA AND WEST INDIES. 97
1730.
in the following affidavits which he received from
John Pemberton etc. Signed, Wm. Basnett. Copy.
2f pp.
208. ii . Bill of lading of the good ship Penelope, Nathaniel
Letherland, master, Maryland, bound for Liverpool
etc. 28th Aug., 1727. Signed, Nath. Letherland.
Copy. 1 p.
208. iii. Deposition of William Johnson and Robert Townson,
first and second mate of the Penelope. On 8th Sept.,
1727, off the Capes of Virginia, they were chased by
a Spanish privateer, the St. Anthonio, 8 large and 6
small guns and 70 men, who seized the ship, which
was laden with tobacco and a few logs of walnut etc.,
but no logwood etc. They put the master and all the
crew, except deponents and two more, which they
carried along with the ship into a small sloop which
they had took, who got back to Virginia. Deponents
were carried with the Penelope to the Havanna.
They were ordered to assist in unloading her. When
she was nearly discharged, they were entertained
ashore, whilst some Spaniards put on board and hid
under the ballast pieces of logwood, in order to make
the better pretence to condemn the ship and cargo,
as deponents heard was done etc. Deponents were
afterwards fetched away by the Trial sloop and put
on board H.M.S. Nottingham at Jamaica. Signed,
William Johnson, Robert Townson. Copy. 2 pp.
208. iv. Deposition of John Pemberton and Daniel Danvers,
of Liverpool, Nathaniel Letherland, master, and
Gilbert Neale, mariner. 8th June, 1728. Describe
ownership, and cargo and voyage of the Penelope.
Copy. 2 pp.
208. v. Estimate of damages by above seizure, 2488 4s. 2d.
Signed, Nathl. Letherland. Copy. 1 p. The whole
endorsed, Reed, from Mr. Basnett. 1st May, 1730.
[C.O. 388, 89. ff. 50-51, 52-54i;., 56-57*;.]
May 1. 209. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. We have had under our consideration your Grace's
letters etc. of 12 Nov. last and 28th of last month, in relation
to the conduct of Sir R. Everard, late Governor of North
Carolina, with respect to his unwarrantable proceedings in
giving grants of land ; and as we conceive that all such grants
of land as have been made since H.M. has purchased that
Province to be void, Sir Richd. Everard having had no authority,
that we know of, for granting the same, we shall insert an
Article in the Instructions which we are now preparing for
C.P. xxxvii 7
98 COLONIAL PAPERS.
1730.
Capt. Burrington, to declare them so ; We shall likewise insert
several other Articles directing the manner of granting lands
for the future, and for the collecting H.M. quit-rents thereon,
and shall more fully explain the same in our Representation
thereupon to H.M. etc. Autograph signatures. 1 p. [C.O. 5,
306. No. 18 ; and 5, 323. /. I5v.]
May 2. 210. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 3 Acts of Jamaica submitted 19th Feb.
Signed, Fran. Fane. Endorsed, Reed. 5th May, Read 3rd
June, 1730. f p. [C.O. 137, 18. ff. 64, 65u.]
May 2. 211. Col. Dunbar to Mr. Popple. Refers to letter of 1st
Boston. May. Continues : This at the request and solicitation of
many gentlemen and inhabitants of New Hampshire, I beg
leave to lay before my Lords Commissioners for Trade and
Plantations with a mapp of that Province and course of
Meremack river which parts the Masachusets and New Ham-
shire ; the Charter division line is markd. 3 miles to the
northwd. of yt. river's mouth, but there are perpetual quarrels
and law suits between the two Provinces, those of New Hamp-
shire are satisfied the line should run due E. and W., 3 miles
to the norward of the mouth of the river, but the inhabitants
of the Masachusets say that the lands all along within 3 miles
of the river on the north side belongs to them, so that the line
must be as crooked as ye course of the river, and they even
claim where the river has no north side as from Dunstable to
Pemegewasset, where the course is north and south, nay, the
Masachusets say that they can run a strait line from 3 miles
to the norwd. of the mouth of Meremack river to the next
northerly part of the same river, which is ye great pond, called
Winipisschokee pond, which I have marked with a strait line
by a pencil, as in the mapp, which my Lords will see takes in
almost the whole province of New Hampshire ; it is presumed
by the inhabitants of that Province, that when by the Masa-
chusets charter ye division line was fixed 3 miles to the N. of
the mouth of the River Meremack, it was imagined in those
days that that river had a westerly course as from the entrance
up to Chemsford, and in those days the course of the river was
not known near so farr, the country being then full of Indians ;
application was made to me all through New Hampshire, as
they heard I was Surveyor Genii, of lands, to have the lines
fixed between the two Provinces, and upon my undeceiving
them, many of them requested I would represent it home,
that it may be settled ; I went through the townships of
Kingston, Chester and London Derry each of which has a part
claimed from Haverhill as described in the map, and London
Derry wch. has not been granted above 8 or 9 years has been
AMERICA AND WEST INDIES. 99
1730.
put to seaven hundred pounds law charges for arrests and
trespasses, tho' 16 miles N. from the river. I rode on purpose
from London Derry to Haverhill and am satisfied it is not less.
Refers to former petition transmitted by him, from country
complaining that the township of London Derry was oppressed
by the Masachusets Government, and praying that the line
might be fixed, or that they might be permitted to settle on
the east side of Kenebeck river. Continues : Many of them
are now waiting to remove thither, but those who have cleard
lands and made improvements are unwilling to leave them
and begin anew ; Governour Wentworth tells me that he has
made representations upon these heads, but has had no answer.
Refers to enclosed applications. The Board may have full
satisfaction from the proceedings hereupon on 20th July, 1677
before the King in Council [v. C.S.P. 1677. Nos. 352 ff.].
Offers his services etc. Signed, David Dunbar. Endorsed,
Reed. 5th June, Read 28th Oct., 1730. Holograph. 3| pp.
Enclosed,
211. i. Petition of inhabitants of Londonderry, N.H., to Col.
Dunbar. Refer to their petition to the King and
explain their difficulty with respect to the line between
the towns of Haverhill and Londonderry. On their
arrival in N.E. they petitioned the Governor and
Council of New Hampshire for a tract of land N.W.
of Haverhill, which town is within the Massachusetts
Government. Governor Shute and the Council there
granted them a township of ten miles square at said
place. They had cleared, improved and enjoyed the
same for seven years before the inhabitants of Haver-
hill claimed the same and began to carry their people
daily from their houses and labour, across the River
Murrimack to Courts far distant in that Governmt.
and imprison, judge and load them with excessive
charges etc. It is not true, as they allege, that
petitioners are Romans and not good subjects to
H.M. Their Minister and several of them had no
small share at the siege of Derry in that glorious
defence of their religion and country etc. Invite him
to use his influence for getting the line settled etc.
Signed, James McKeen and 13 others " in the name
of the rest of ye proprietors of Londonderry."
Endorsed, Reed. 5th June, 1730. 2 pp.
211. ii. Petition of inhabitants of Londonderry " originally
from North Britain but last from Ireland " to Col.
Dunbar. Refer to their petition to the King in 1728
for a tract of land in Nova Scotia. They are informed
he is empowered to lay out the same for them.
Request him to do so as near Fredericksburg as
100
COLONIAL PAPERS.
1730.
May 4.
May 5.
Whitehall.
May 6.
Boston.
May 7.
Whitehall.
possible. Ask for a respite of time to settle the same,
as they cannot dispose of their freeholds at London-
dery at present without great loss, since they are
perplexed with vexatious lawsuits by the inhabitants
of ye Massachusets etc. Signed, James Gregg and 26
others. Endorsed as preceding. I p.
211. iii. Petition of Same to Same. Londonderry, 20th
Feb., 17. Refer to preceding and enquire as to
result of petition. Ask for his assistance. Signed,
John Macmurphy for the Memorialists. Endorsed
as preceding. 1 p.
211. iv. Petition of Jonathan Sanburn and Ebenezer Stevens
of Kingstown and John Macmurphy of Londonderry,
in behalf of Proprietors of Kingstown and London-
derry, to Col. Dunbar. Request him to have the line
between the two Governments determined, as above.
" The Massachusets Govt. have more violently prosi-
cuted us than before, since the death of H. E.
Govr. Burnet " etc. Copy. 1 p. [C.O. 5, 871. ff.
184-186^., I87v.-190v.]
21 2. Col. Warner to Mr. Popple. In reply to letter regrets
that " I am entirely a stranger to all the transactions that were
in my great grandfather Sr. Thomas Warner's life time in the
West Indies ; none of his papers having ever fallen into my
hands " etc. " I have been told that there was a book in print
which gave some history of those times " etc. Signed, Edward
Warner. Endorsed, Reed. 6th, Read 20th May, 1730.
Holograph. 1 p. [C.O. 28, 21. ff. 64, 650.]
213. Mr. Popple to Governor Johnson. All the papers
that have been laid before my Lords Comrs. for Trade
and Plantations, with respect to the paper mony of South
Carolina being calculated upon the foot of Proclamation mony,
My Lords Commissrs. desire you will consult the merchants
trading to that Province, and let their Lordsps. have an accot.
from you and them of the difference between Proclamation
mony and the paper mony now current in So. Carolina. [C.O.
5, 400. pp. 276, 277.]
214. [? Mr. Willard] to Mr. Popple. Repeats No. 199,
and encloses Act for a new town called Lunenburgh, which he
thinks he omitted. Unsigned. Endorsed, Reed. 15th June,
1730, Read 9th June, 1731. 1 p. [C.O. 5, 872. ff. 146, 147.J
21 5. Mr. Popple to Col. Dunbar. Acknowledges letters of
9th and 29th Dec. Continues : My Lord Commissioners have
considered the Declaration published 2nd Dec., wherein by
explaining the meaning of the Act for the better preservation
AMERICA AND WEST INDIES. 101
1730.
of H.M. woods, quite contrary to the letter thereof, you give a
liberty to such as are willing to destroy them ; My Lords who
are extreamly surpriz'd at your acting in such direct opposition
to ye law, and to your Instructions, in this particular, do expect
that you immediatly recall your aforesaid Declaration, and
that you take especial care, that the laws for the preservation
of H.M. woods be punctually put in execution, to ye utmost
of yor. power. My Lords think you will do very well to try
ye effect of these laws, against any of those who contrary
thereto, have committed waste in the King's woods ; and their
Lordships desire to know very particularly what passes upon
this occasion, that proper measures may be taken, in another
Session of Parliament, to render anything that may be found
defective. As to anything you say in your aforesd. letters
about the Agent to the Contractors for Masts etc., the Lords
of the Admiralty will send you the proper orders etc. You will
receive herewith the Instructions H.M. has thought proper
to give you, with respect to the settlement of the Irish families
between the Rivers of Penobscot and St. Croix, upon which
service my Lords expect you will immediatly apply yourself,
that a settlement of so much consequence, may not be dropt
for want of proper encouragement. But as ye Penobscot
Indians have already intimated to you that [they] expect you
do not pass St. George's River, my Lords do think it for H.M.
[service] that you do acquaint the Governor of Nova Scotia
therewith, in order for his directions ; But in ye meantime,
you are to use yor. utmost endeavours to gain the said Indians,
by the most gentle usage, in order to prevent their obstructing
^his new settlement, as they seem to threaten. My Lords
observe what you write concerning the settlement you have
already made at Pemaquid, the fort you have built there, and
the claims made by the people to ye lands, to the eastward of
Kennebeck, under grants from the Council of Plymouth ; but
their Lordships do not give you any immediate answer, because
a petition from Mr. Waldo having been referr'd to them etc.,
you will receive H.M. more particular directions, and in the
mean while you will do well to avoid any dispute with those
people upon a point not yet absolutely determin'd. I have
their Lordships' directions to acquaint you, that they do not
approve of your having nam'd the country wch. you are directed
to settle, the Province of Georgia, because it is part of, and
under ye Government of Nova Scotia, and being calPd a
Province, it may be thought distinct, and not under any
Government; My Lords therefore think it shou'd be named
George County, in Nova Scotia ; and upon this subject, their
Lordships command me to tell you, that they think it proper
to give your new settlements English names, with English
terminations ; for which reason you will change ye name of
102 COLONIAL PAPERS.
1730.
Fredericksburg to Frederick Town or Fort. As to the Fisher-
men, who you imagine will go in numbers from New England
to settle in George County, my Lords direct me to acquaint
you that you ought to give them, or any others all possible
encouragement, subject always to ye restrictions mentioned
in yor. Instructions, by which you are likewise directed to set
out at least 100,000 acres of land in this new county ; as a
nursery of trees for ye Royal Navy, besides the 200,000 acres
which you are to set out in the other parts of this Government
for the same purpose. The setting out of these 300,000 acres
being of immediate consequence to H.M. and to the speedy
settlement of the Province, no grants of lands being to be
made prior thereto, you will do well to lose no time in a work
of this importance. My Lords return you thanks for the
printed papers you inclos'd to me, about the behaviour of the
people of the Massachusets Bay, relating to ye settlement of a
salary on their Governor, and my Lords desire, that whenever
any accounts of a publick nature come to your knowledge, you
will communicate the same to, Sir, your most humble servant,
Alured Popple. [C.O. 5, 916. pp. 382-385.]
[May 8]. 216. Petition of Capt. James Sutherland to the King.
Petitioner was appointed Captain of Johnson's Fort near Charles
Town by Governor Nicholson, but after his death the President
sold his post to a tradesman entirely ignorant of military
affairs, without any complaints against him, or knowledge of
the Council. He has served H.M. near 30 years and been of
great use to the Trade and Navigation of that place, as may
appear by the annexed certificate etc. In May, 1725 hearing
a pyrate was off the barr of Charles Town, with 35 men on board,
petitioner with only nine men surprized and took her. 135 of
the principal inhabitants signed a petition to Governor Nichol-
son for a reward for him, which he brought over to lay before
his late Majesty, but he soon after dying, petitioner's services
were never considered. The abovementioned place being in
H.M. gift as Proprietor, prays to be reinstated etc. Undated.
1 p. Enclosed,
216. i. Petition of (135) Merchants and Freeholders of
Charles Town to Governor Nicholson, the Council and
Assembly. Commend Capt. Sutherland's services as
above and recommend him for a reward. Charles
Town. 16th May, 1725. 135 Signatures. Copy.
I p.
216. ii. Petition by masters of ships trading to Carolina.
Recommend Capt. Sutherland and pray that he may
be restored to his command. London, Aug. 14, 1729.
27 Signatures. 1 p. [C.O. 5, 383. Nos. 45, 45.i., ii. ;
and (duplicates) 52, 52 i., ii.]
AMERICA AND WEST INDIES.
103
1730.
May 8.
London.
May 8.
St. James's.
May 8.
St. James's.
May 8.
St. James's.
May 9.
Jamaica.
217. Lord Strathnaver* to Charles Delafaye, "at his
office in the Cockpit." My Lord Sutherland would have waited
on you about Captain Sutherland's affair but is led upp with
the gout etc. Begs him to forward his petition (v. preceding),
which H.M. has given to the Duke of Newcastle etc. Signed,
Strathnaver. Addressed. 1 p. [C.O. 5, 383. No. 46.]
218. Order of King in Council. Approving draughts of
Instructions for Jonathan Belcher, Governor of Massachusetts
Bay and N. Hampshire. Signed, Temple Stanyan. Endorsed,
Reed. 30th May, Read 4th June, 1730. 1 p. [C. 0. 5, 192.
/. 266; and 5, 871. ff. 114, 115i>.]
219. H.M. Instructions relating to Trade and Navigation
for Jonathan Belcher, Governor of New Hampshire and the
Massachusetts Bay. [C.O. 5, 192. ff. 267-341, 361-427.]
220. Order of King in Council. The Lords of the Committee
of the Privy Councill having represented that during the whole
time the late Mr. Burnet was Governor of Massachusetts Bay
he had not received any salary or allowance whatsoever from
the Assembly, and although several sums had been from time
to time voted for him ; and particularly one of 6000 that
country money in August last, yet as the said sum was offered
to him on terms contrary to those required by H.M. Instructions
to him, he had in duty to H.M. and in just regard to the trust
reposed in him refused to accept thereof, whereby his family
hath been deprived of the advantages which might have been
received from that Government etc., Ordered, that Governor
Belcher do acquaint the Generall Assembly in His Majesty's
name, that it is expected they should make good to Mr. Burnet's
children the sum voted to their late father in Aug., 1729, or
at least such a sum as shall appear due to him for the whole time
of his Government at the rate of 1000 sterl. per annum being
the sum recommended in H.M. Instructions to be settled upon
him in the said Province. Signed, Temple Stanyan. Endorsed,
Reed. 30th May, Read 4th June, 1730. Ij pp. [C.O. 5, 871.
ff. 116, llflo., 117w.]
221 . Governor Hunter to Mr. Popple. Acknowledges letters
of Dec. and Feb. last. Continues : I send you with this a
plan of Ye Fort according to our last projection wch. varys
but litle from the rude sketch sent to Mr. Delafaye etc., but
not fitt to be layd before the board. This you may lay before
them. Though I beleeve we shall make some alteration still
in nothing material etc. Ingineers like mules if you will not let
them go their own pace will stand stock still, and this has been
*Courtesy title of heir to Earl of Sutherland.
104 COLONIAL PAPERS.
1730.
my puzle. However the Assembly having given no more
than 3000 towards the finishing it, but left it intirely to my
management, it shall be lay'd out with the best oeconomy and
what may be wanting to perfect it must be trusted to new ways
and means and good humour for I have observ'd that Assemblys
like other Clubs when nothing is charg'd in a bill but what they
have bona fide had will pay the reckning and call for th' other
bottle. Your cusing [Henderson. Ed.] wants much to get
out of the Assembly and indeed I shall be pleased he did, for
he will be more his own master and make a better figure in
Council. He makes a very good one at ye barr. P.S. I have
sent inclos'd to the Duke of Newcastle a memorial to H.M.
for some stores of warr for ye use of Port Antonio. I intreat
you'll promote it as far as may ly in yor. way. Signed, Ro.
Hunter. Endorsed, Reed. 2nd July, Read 15th Oct., 1730.
Holograph. If pp. [C.O. 137, 18. ff. 110, llOu., lllv.]
May 9. 222. Governor Hunter to the Duke of Newcastle. I have
Jamca. by this conveyance, the Plimouth, given your Grace so much
trouble that I shall be short in this. It is only humbly to beg
your Grace's assistance towards procureing from H.M. a grant
of Royal mines in this island in ye same form and on ye same
terms they have been formerly granted to others. Mr. Delafay
will attend your Grace for that purpose. I have sent him
copies of former grants, and the names of the present petitioners
for a new one, viz. Edward Prater, Thomas Hoy and Rot.
Hunter, etc. Signed, Ro. Hunter. Endorsed, R. July 3.
Holograph. 1 p. [C.O. 137, 53. ff. 215, 2160.]
May 9. 223. Order of House of Lords. Any reports by the Board
of Trade on rice exported from the Plantations are to be laid
before the House. Signed, Wm. Cowper, Cler. Parliamentor.
Copy, f p. [C.O. 5, 361. ff. 97, 98i>.]
May 9. 224. Copy of proceedings in the Court of Vice Admiralty,
Boston, 9th May, 1730, upon 20 white pine logs seized by
Jeremiah Dunbar at a mill upon Royal river, which Mr. Peter
Wyre said were his and that he cut them upon his own land.
The Judge, Nathaniel Byfield, decreed that the evidence of
Jeremiah Dunbar was not sufficient to convict defendant by
his own expressions in conversation, when he denies it in court,
and that therefore the logs seized only are to be forfeited and
defendant to pay cost of this prosecution taxed to 11Z. 10*. lOd.
in silver at 8s. pr. ounce, or Province bills double. Col. D.
Dunbar thereupon moved for an appeal which was allowed,
David and Jeremiah Dunbar and John Overing of Boston
entering into an enactment to prosecute it in the High Court
AMERICA AND WEST INDIES. lo5
1730.
of Admiralty in South Britain within 12 months etc. Endorsed,
Reed., Read 26th Oct., 1731. Copied from .the original reed,
from Mr. Jeremiah Dunbar, wch. was sent to Mr. Burchet.
Addressed. 7 pp. [C.O. 5, 873. ff. 236-239*;.]
May 10. 225. Governor Hunter to the Council of Trade and
Jamaica. Plantations. Acknowledges receipt of new Broad Seal and
returns the old one. Encloses Minutes of Council and Journal
of Assembly to 28th March and six Acts etc. Continues :
My reasons for passing the same I shall endeavour to lay before
you in as plain and brief- a manner as I am able, (i) An Act
for vesting 20 acres of land in Lynch's Island in the Crown.
This is exactly conformable to what your Lordships were
pleased to recommend etc. (ii) for the better amending the
highways. This is intirely a municipal law, the former Act
for that purpose having been thought insufficient, (iii) To
oblige the several inhabitants to provide themselves with a sufficient
number of white people or pay certain sums of money in case
they shall be deficient, and applying the same to several uses, and
for repairing the wall of Port Royal. There is but one material
difference in this Act from those which have been pass'd in
former years, under the same title, and that is in the first
clause it is enacted that white women, white boys and white
girls, servants, shall stand as deficiencys, but after the first six
months whoever shall be found deficient in their number of
white people are to pay double what they did the preceding
half year, the former Act expressing only white men. This is
one expedient the Legislature hath thought of for the better
peopling of the country, to which I could make no objection
being willing to try the experiment and out of the money
arising by this Act the soldiers of H.M. two Independent
Companys are provided for as usual, and the overplus to be
disposed of as shall be hereafter directed by the Legislature,
(iv) for raising several sums of money and applying the same to
several uses. This Act is commonly known by the name of the
Additional duty bill, and is verbatim the same as the one
pass'd last year under ye same title, except in the appropriating
part wherein they have given 3000/. for the fortifications of
Port Antonio, and about 1800Z. more to make good former
engagements to different people, and the usual sallary to their
Agent, and other officers. Tis computed by good hands that
this Act will raise this year about 10,000/., and the remainder
of the money not particularly appropriated is in the later
clause of ye said Act to be apply'd for ye use of partys. (v) for
the better suppressing and reducing the rebellious and runaway
negroes. Of late there has been many depredations and
violencys committed upon the frontier settlements to the great
discouragement of new setlers, which occasion'd the Assembly
first to address me, to fit out partys for the better security of
106 COLONIAL PAPERS.
1730.
the settlements at Port Antonio, and afterwards to pass this
general Act, which tho' not altogether so compleat as I could
wish, yet it may in some measure have a good effect, and as it
is intirely a municipal law pass'd at their unanimous desire, I
likewise recommend it to your Lordships, as a proper act to be
pass'd by H.M. (vi) for the better regulating slaves and rendering
free negros and mulattos more usefull, and preventing hawking
and pedling, and enlarging the time for the Commissioners
collecting the outstanding debts. It having been alleg'd, and
I believe very justly, that the number of free mulattos, and
free negros daly increase, and that their houses and habitations
are often times receptacles of rebellious, and runaway slaves,
either by their idle and indolent life, or by supplying the
runaways with powder, arms and ammunition, which may prove
of pernitious consequence to the Island, if not prevented, has
given birth to this bill, and as hawking and pedling about the
street by free negros with several goods and merchandize and
[by] provisions by whom the runaway negros (as is alleg'd)
are likewise supply'd. The Legislature hath thought proper
in this bill to restrain them, under severe penaltys from such
practices for the future, and to oblige them to go upon all
emergencies in pursute after rebellious negros, at the command
of any magistrate, or military officer. This will render them
more usefull to ye country, and tho' this law is thought by some
to be severe, yet for my own part I think it a good one, and
could have wish'd that a clause had been incerted in it, that
no mulatto, Indian, or Negro should hereafter be made free,
unless the owner allotted them a sufficient maintenance during
life. The later part of the preamble of this bill explains ye
meaning of the last clause, so that upon the whole if your
Lordships think proper, it may likewise be lay'd before H.M.,
for his approbation. The Assembly had no sooner pass'd these
six bills, then they mov'd for a recess, which I was willing to
gratifie them in, in hopes they'll meet at the time I have
adjourn'd them to, and finish what I recommended to them for
strengthening and better securing the country. Several
Commitys are appointed during the recess, to consider of
proper heads for a bill to that purpose, and I shall forward
them all I can. As ye new settlements at Port Antonio, are
going on with good success, and the harbours there having
been jug'd by Admiral Stewart, and other Captains of men of
war, places of security, for H.M. ships, 'twill be necessary for
the further strengthening the mouth of ye harbours that a
fortification or battery should be erected upon the east end
of Lynch's Island. That would effectually secure ye harbours
from any attempt that could be made by sea against them
and as the country have already been at very considerable
expence in securing the new setlers and fortifying the penensula
I am in hopes H.M. will be indue' d from your Lordships power-
AMERICA AM) WEST INDIES.
107
1730.
May 11.
Whitehall.
May 11.
Whitehall.
May 11.
full recommendations to lend us a helping hand, for that purpose
by sending us great guns and other ordinance stores. I have
humbly requested ye Secretary of State to present to H.M.
a memorial from me on that head and intreat your Lordships
countenance to it. Upon the receipt of your Lordships
commands, 9th Dec., I ishewed orders to ye proper officers to
return to me forthwith such accounts as may inable me to make
a return to your Lordships' queries, I hope by the next con-
veyance etc. Signed, Ro. Hunter. Endorsed, Reed. 2nd July,
Read 15th Oct., 1730. 8| pp. [C.O. 137, 18. ff. 112-116,
226. Council of Trade and Plantations to the King. In
obedience to Order of 20th April, directing us to prepare
Instructions for Governors, requiring them to be assisting the
Officers of the Vice- Admiralty Courts etc., we humbly take
leave to represent, that all your Governors have already an
article in their Instructions, of which we inclose a copy (Art. 41
of Governor Belcher's Instructions), that your Majesty may
be pleas'd to judge whether it does not effectually answer the
intent of your Majesty's Order etc. [C.O. 324, 11. p. 236].
227. Mr. Popple to Mr. Burchet. In reply to 2nd Feb.,
acquaints him with the instructions given to Col. Dunbar to recall
his licence in question etc. v. 7th May. The Council of Trade
are leaving the matter of his differences with the Agents of the
Contractors for masts to the Lords of the Admiralty etc. [C.O.
5, 916. p. 386].
228. Mr. Attorney General to the Council of Trade and
Plantations, tieply to 8th May. Concludes : I am of opinion
that by virtue of the generall and extensive words of [your]
Commission, your Lordships are sufficiently authorized to
administer such oaths to the said claimants. And I apprehend
that certificates thereof signed by any three of your Lordships
will be proper proofs to be transmitted to the Commissaries,
unless there be any certain rule established concerning the
proofs to be laid before Commissaries of this nature, whereby
evidence taken in this manner is excluded. Signed, P. Yorke.
Endorsed, Reed., Read llth May, 1730. 2 pp. [C.O. 388,
89. ff. 60, 60i;., 61u.].
May 11.
Lincoln's
Inn.
229. Same to Mr. Popple. I receiv'd your's dated this
day and desire you would acquaint my Lords Commissioners
that I am of opinion that the oaths taken before them, by
persons making claims of losses by the Spaniards, ought to be
attested and sign'd in the same manner as any other oath
administred by them by virtue of their office. If there is no
108
COLONIAL PAPERS.
1730.
May 12.
Admiralty
Office.
May 12.
WhitehaU.
May 13.
Whitehall.
May 13.
WhitehaU.
certain method of doing this established, then I should humbly
advise rather that they should be sign'd by any three of their
Lordships, who have ye power of administring such oaths,
than by their Secretary, that being most agreeable to ye manner
of taking affidavits or depositions in like cases ; but it seems
proper to add thereto their seal of office likewise. Signed, P.
Yorke. Endorsed, Reed., Read 12th May, 1730. 1 p. [C.O.
388, 89. ff. 62, 68u.]
230. Mr. Burchett to Mr. Popple. Asks for opinion of
Council of Trade and Plantations upon Col. Dunbar's proposal
in letter to the Duke of Newcastle that the Informer should
receive the whole of the penalty in cases in the Admiralty Court
etc. Signed, J. Burchett. Endorsed, Reed. 13th, Read 22nd
May, 1730. Ip. [C.O. 5, 871. ff. 110, IWv., lllv.]
231 . Mr. Popple to Mr. Fane. Encloses copy of letter from
Capt. Osborn in relation to the levying of taxes for building a
gaol (v. 28th March), and enquires whether, upon considering
said letter, he has anything to add to his report of April 26th.
[C.O. 195, 7. p. 247.]
232. Mr. Fane to the Council of Trade and Plantations.
Reply to preceding. I can add very little to report of 26th
April. Concludes : I think that Capt. Osborne having acted
with so much caution and prudence and not haveing taken one
arbitrary step in the execution of his Commission cannot be
lyable to a prosecution in England, in case the inhabitants
should not acquiesce in the tax. I think it absolutely necessary
that the tax should be levyed according to the statute of King
William, and notwithstanding the proceeding which has already
been had was not entirely agreeable to that law, I think Capt.
Osborne will be very well justified in pursuing it as it seems
to be the only method whereby the designe and intention of
H.M. Commission can be executed. Signed, Fran. Fane.
Endorsed, Reed., Read 13th May, 1730. f p. [C.O. 194, 8.
ff. 321, 822i>.]
233. Council of Trade and Plantations to Governor Osborn.
You will perceive by two reports from Mr. Fane relating to the
powers contained in your Commission and the measures you
have taken for executing the same, that you stand perfectly
justified according to his opinion, and so you do in ours, in all
the steps you have taken there for preserving the peace and
tranquillity of the inhabitants, during your absence, more
particularly with respect to the building of a goal. And as you
have certainly pursued the intentions of H.M. Commission
and Instructions, so we hope you will find at your return that
a proper submission has been paid to your orders. But if any
AMERICA AND WEST INDIES. 109
1730.
refractory persons have refused to contribute to the prison
you will see that you will be justified by Mr. Fane's report in
putting the statute of K. Wm. Ill in execution, that is to say
by impanelling a Grand Jury and making fresh orders at a
Quarter Sessions upon their representation for this purpose.
But as perhaps some difficulty may arise upon the terms in
which your orders have been or may be conceived, it may not
be an improper caution for the future in all levies to be made
by virtue of the said Act of Parliament that the respective
rates be levied in money exchangeable for fish at the option
of the party who is to pay the same. [C.O. 195, 7. pp. 248,
249.]
May 13. 234. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Requests reply to 21st April as soon as possible. [C.O. 5, 1294.
pp. 10, 11.]
[May 13]. 235. Deposition of Thomas Marsingall, master of the
Crowne of Newcastle, London, 3rd Jan., 1721, that following
is a true account. Copy, f p. Enclosed,
235. i. Inventory of goods belonging to the master of the
Crowne of Newcastle, when seized in Mallaga Road by the
Spaniards. Value 281. 7s. Qd. Endorsed, Reed, (from Coll.
Bladen), Read 13th May, 1730. Copy. % p. [C.O. 388, 89.
ff. 64, 65, 67i>.]
[May 13]. 236. Deposition of Robert Bailiff, late supercargo of the
Crowne of Newcastle, that following is a true account. London,
23rd Jan., 1721. Copy. 1 p. Enclosed,
236. i. Inventory of goods belonging to R. Bailiff taken in
the Crowne of Newcastle etc. by the Spaniards. Value,
2281. 3s. Qd. Signed, Ro. Bailiff. Endorsed, Reed.
(from Coll. Bladen being delivered to him by John
Hedworth Esq., Knight of ye Shire for ye County
Palatine of Durham), Read 13th May, 1730. Copy.
1 p. [C.O. 388, 89. ff. 68, 69, 71i>.]
[May 13]. 237. Deposition of Robert Bailiff that the Crowne of
Newcastle, by contrary winds and without knowledge of any
breach with Spain, was obliged to put in for water and
provisions at Malaga, 6th Sept., 1718, when they were taken
prisoners by the Spaniards etc. Signed, Ro. Bailiff, London,
10th April, 1719. Endorsed, Reed, (from Coll. Bladen),
Read 13th May, 1730. Copy. 1% pp. [C.O. 388, 89. ff. 72,
., 780.]
[May 13]. 238. Deposition of Thomas Marsingall, master of the
Crowne of Newcastle and Robert Bailiffe, super cargoe, that in
prosecution of a voyage from Cette to Amsterdam, they were
110 COLONIAL PAPERS.
1730.
obliged to put into Malaga Road where the ship was seized as
prize etc. The following account is true, besides the spoil of
the said ship's bottom, the master being obliged by means of
her detention to double her with thin deals when he brought
her home to Newcastle. London, 23rd Jan., 1721. Endorsed
as preceding. Copy. 1| pp. Enclosed,
238. i. Inventory of loss by the seizure of the Crowne of
Newcastle (including 731 /. 5s., cash paid for repurchase
of sd. ship when bought at Malaga) 1469/. 12*. 4>d.
Signed, Thos. Marsingall, Ro. Bailiff. Copy. 1 p.
[C.O. 388; 89. ff. 74-75, 77v.]
May 14. 239. Order of Committee of Council. Referring following
alL to the Council of Trade and Plantations for their report. Signed,
Temple Stanyan. Endorsed, Reed. 15th, Read 19th June, 1730.
pp. Enclosed,
239. i. Petition of John Moore, Collector of H.M. Customs,
Philadelphia, to the King in Council. Refers to pro-
ceedings in case of the ship Fame and Depty. Governor
Sir W. Keith, (v. A.P.C, III. No. 88 and C.S.P.
Nov. 25, 1724). In pursuance of the Order of the
Committee of Council, Nov. 20, 1725, petitioner,
having taken the opinion of Sir Philip York and Sir
Clement Wearg that the Supreme Court of Pensilvania
was the proper Court etc., did in April, 1726 exhibit
there an information upon the said seizure, and in
Sept. following sentence of condemnation was obtained,
and thereupon petitioner did commence divers suits
agt. persons concerned in the intrusion and embezzle-
ment. But pending the said suits, the defendants
combining with Sir Wm. Keith formerly Govr. but
then a member of Assembly etc. did apply to the
Assembly and by their influence and interest did
prevail on the present Govr. and the then Assembly
to pass an act on 25th Aug. 1727, whereby the sd.
suits and information commenced by petitioner qui
tarn etc. were discontinued and the Supream Court
which had a power of a Court of Exchequer by the
law of Pensilvania declared to have no jurisdiction
therein, and enacted that the County Court, (consisting
of the same magistrates, being all merchts.), which
had before given judgment on the covinous information,
should take cognizance of informations and have the
power of a Court of Exchequer for the future, which
puts petitioner under apparent hardships and
difficulties etc. Prays that the Act for the establishing
of Courts of Judicature may be repealed etc. Signed,
J. Moore. 2f pp.
AMERICA AND WEST INDIES. Ill
1730.
239. ii. Springe tt Penn, grandson and heir at law and John
Penn, Thomas Penn and Richd. Penn devises under
the will of William Penn deed, answer to the Com-
mittee of Privy Council for hearing appeals etc. to the
preceding petition. 12th May, 1730. They are wholly
strangers to the petitioner's complaint of his being
deprived of the benefit of a seizure etc. But as to the
Act for establishing of Courts etc. quote Charter. Some
few weeks since respondents presented a transcript
of the Act to the Council of Trade in order to the
pleasure of the Crown thereupon. Describe purport
of the Act and the occasion of its passing, a petition
of Merchants to the Assembly, 22nd Nov., 1726,
alleging that they conceived the Judges of the
Supream Court had no power to issue original process
but that they had lately assumed to themselves such
a power to the great grief of the subject etc. The
Assembly had the matter under their consideration
for 9 months as being an act of the most publick
concernment etc. Deny that it was intended to prejudice
petitioner's action. Continue : The Depty. Governor
in obedience to H.M. commands added the clause for
suspending execution on appeals unless the appellee
gave security etc. He was so far from desiring any-
thing prejudicial to H.M. service or even inconvenient
to the petitioner, that it appears by the Minutes of
Council that he offered a clause to be added wch. he
had reed, from Mr. Moore himself, and wch. Mr. Moore
alleged to be for H.M. interest etc., whereby all infor-
mations and prosecutions wherein the Crown should
be concerned should be commenced originally in the
Supream Court etc. But it was observed by all the
members of the Councill that it would be in vain to
offer the same to the Assembly because the chief
design of the bill was to take from that Court the
power of issuing original writs wch. power the Assembly
had unanimously resolved was not in the said Court,
it being only a court for redressing the errors of other
Courts etc. Notwithstanding which, the Deputy
Governor (who was apptd. by respondents) had so
great a regard to what was said to be for H.M. service,
that he pressed that the proposed clause should be
laid before the Assembly etc., who not agreeing to it,
the Act was passed without it. Petitioner seems to
say that the Supream Court before the passing the
Act had by the law of Pensilvania a power of a Court
of Exchequer, and that consequently the informations
or actions he originally brought in that Court were
proper, but respondents deny that they ever heard
112 COLONIAL PAPERS.
1730.
of any law or even usage which can support that allega-
tion, etc. One of the oldest Acts of Pensilvania
established the forms of all arrests and summons to
answer (which are the first processes to bring
defendants in to answer any action), and by those
forms those writs are returnable in the County Courts
only and not in the Supream Court. The commencing
suits originally in the Supream Court would be not
only a great vexation and prejudice to the Province
and contrary to the general rule in H.M. Colonys, but
also give your Lopps. infinite trouble. For Pensil-
vania being but an infant settlement etc., and the
body of the inhabitants of very small fortunes be-
ginning to clear and improve the lands, and scituate
at very remote distances from Philadelphia (where
only the Supream Court is held), it would be to their
utmost prejudice and indeed utter ruin to be drawn
off from their settlemts. up to Philadelphia upon
every action how small soever, and afterwards upon
an appeale from that Court to H.M. here, (there being
no appeal from the Supream Court but hither), the
loss and time and expence whereof would be what
their circumstances would not bear etc. Petitioner
insinuates that this act was made purposely to defeat
his actions, but the publick nature of the act itself
is a sufficient answer to such pretence, etc. There is
nothing in the act that would prevent the Supream
Court proceeding on his actions, provided they had
really original jurisdiction before. For the negative
clause is only that the Supream Court shall not issue
original process etc. Criticises his other statements and
pray that this reasonable publick act may be confirmed,
etc. Signed, Fred. John Paris, Agent for the
Respondts. Copy. 15| pp.
239. iii. Affirmation by James Steel, Quaker, late of Phila-
delphia, that the following is in the handwriting of
Robert Charles, etc. 6th May, 1730. Signed, James
Steel. Copy. 1 p.
239. iv. Minutes of Council of Pennsylvania. 18th Aug.,
1727, relating to the clause referred to in No. ii.
Signed, Robt. Charles, Cl. Con. Copy. 2 pp. [C.O.
5, 1267. ff. 120-131, 132, 132u., 134*;.]
May 14. 240. Order of Committee of Privy Council. Referring
Whitehall, enclosed petition to the Council of Trade and Plantations for
their report thereon. Signed, Temple Stanyan. Endorsed,
Reed. 19th, Read 20th May, 1730. If pp. Enclosed,
240. i. Petition of John Lord Carteret, Palatin, to the King.
States his right to an eighth undivided part of the
AMERICA AND WEST INDIES.
113
1730.
May 14.
Chelsea.
May 14.
Chelsea.
May 16.
Barbados.
Province of Carolina, which is expressly reserved to
him by the Act of Parliament passed last Session
for establishing an agreement with seven of the Lords
Proprietors of Carolina for the surrender of their title
and interest in that Province to H.M. Prays that his
eighth part of the soil may be set out by Commissioners
appointed by H.M. and himself, and offers thereupon
to surrender to H.M. his share and interest in the
Government of the Province and confirm to H.M. the
other seven parts, etc. Signed, Carteret. Copy.
Qlpp. [C.O. 5, 361. ff. 99-103, 104i>.].
241. Earl of Sutherland to Mr. Delafaye. Asks him to
forward Capt. Sutherland's petition, (v. 8th May). Signed,
Sutherland. Addressed. Sealed. 1 p. [C.O. 5, 383. No.
47.]
242. Same to the Duke of Newcastle. To same effect.
Signed, Sutherland. 1 p. [C.O. 5, 383. No. 48.]
243. [? Governor of Barbados] to the Duke of
Newcastle. Encloses duplicates of what he wrote by
a ship that departed a few days since etc. and of depositions
(v. 28th May) by masters of vessels " that constantly trade to
St. Lucia, St. Vincent and Dominique for wood, ,tuttle and
corn." Continues : They are all inhabitants of this island,
and best of any acquainted with every part of them, and the
truth of their depositions may be depended on. They are
concern'd that the French are like to deprive them of that
trade, etc. If your Grace will please to observe the contents
of the papers inclosed in my last, and the depositions herewith
sent, it plainly will appear, that the Parliament, or Board of
Trade may stand in need of no petitions or informations from
hence in a little while, for should we have a war with France,
the first notice from us may be of our total destruction ! Are
not our fortifications gone to ruin ? Do not the French know
it ? Are not we decreased in people since King William's and
Queen Anne's wars ? On the other hand, are not the French
increased, infinitly increased ? Are not the French fortifications
more numerous, strong, and regular than ours. Yes, there is
no comparison. Are not the French at present notwithstanding
the good state of their fortifications repairing and adding to
them ? and I can assure your Grace, as I think I formerly
observ'd, there is not a man of a more enterprizing genius than
ye Marquis of Champagn etc. Add to this the settlements
carrying on, on Sta. Lucia, St. Vincent and Dominique. If
St. Christophers, Nevis and the general condition of all the
English Caribbees in the late wars with France be remembred,
what have we not now to fear ? Observes that the assistance
C.P. XXXVII 8
114
COLONIAL PAPERS.
1730.
May 19.
May 20.
Whitehall.
May 20.
Whitehall.
the French gave the Dutch in their first war with K. Charles II
was the rise of their afterwards formidable Naval power, the ruin
of De Wit, who could never extricate himself from their service,
and nigh the utter subversion of the United Provinces etc. No
signature or endorsement. 1 p. [C.O. 152, 43. ff. 131, 131i;.].
244. T. Lowndes to Mr. Popple. It being by the good-
natured encouragemt. of the Earl of Westmorland that I
undertook to show that a sufficient quantity (to serve Great
Britain) of good pott-ash might be made in our own Plantations,
etc. as June 5th. Refers to enclosures and continues : The
Planters in Carolina may now be rich if they please, for con-
sidering the lumber and plank trade, wch. they are now got
into to the islands, the making of pott ash, in which there is
very little mistery, and with which the markett here cannot
be overcharged, will pay the Planters more than double the
expence they are at, in clearing their lands ; and this you
know will be a great inducemt. to new settlers. Besides the
making pott ash will not interfere with the planting rice. The
person who made the pott ash mentioned (v. June 5, ii) is a
blacksmith by trade, and therefore some allowance is to be
made for the colour, etc. Signed, Tho. Lowndes. Endorsed,
Reed. 19th May, Read llth June, 1730. Holograph. 3 pp.
Enclosed,
244. i. Duplicate of No. 275 ii.
244. ii. Extract of letter from Col. Bull, Member of Council,
S. Carolina, to T. Lowndes. 24th Dec., 1729. The
Marshall's place wants regulations, there being no
provision for the subsistance of criminals they are
now maintained by the Marshalls and since the
disorder in this Governmt. there is not one writt in
five that is executed. Signed, Wm. Bull. Copy.
f p. [C.O. 5, 361. ff. 121-123, 124, 1260.].
245. Council of Trade and Plantations to Governor Philipps.
Enclose warrant for use of new Seal etc. [C.O. 218, 2. pp. 201,
202].
246. Same to Same. Acknowledge letters of Oct. 2, Nov.
25 and Jan. 3 last etc. Continue : We congratulate you upon
the good success you have had both with respect to the Fishery
at Can9o and to the French inhabitants at Annapolis who have
voluntarily taken the oaths to H.M. but we could wish they
had done it in more explicit terms as our Secretary will inform
you and hope soon to hear that the other French settlements
have followed their example. Recommend Mr. Hintze to him
and his observance of enclosed Instructions for settling Palatines
and other Protestants etc. (v. April 27). Continue : As to the
request made by the French Protestants of having 2000/.
AMERICA AND WEST INDIES. 115
1730.
issued in paper bills upon land security we conceive that no such
thing can possibly be done, till you shall have an Assembly,
and even then it is a matter not to be enter'd into without very
great caution, bills of this nature having proved of very
pernicious consequence in many Provinces. By the copy of
Col. Dunbar's Instructions, you will find that he is not made
Governor as you imagined of any Province, that part whereon
he is directed to make settlements being still under the Govern-
ment of Nova Scotia : But as it is so far remote from Annapolis
Royal H.M. has thought it necessary to appoint somebody
immediately to inspect these new settlers, and to proportion
the land in proper lots for them, which are afterwards to be
confirmed by grants under the Seal of Nova Scotia ; and
therefore you will do well to give the said Colo. Dunbar all the
assistance you are able. As Placentia is likewise very remote
from you and as the Government of Newfoundland has
frequently been put under the care of the Captains of men
of war upon that station, H.M. has thought it convenient to
appoint Capt. Osborn, Commander of one of H.M. ships upon
the Newfoundland station, Governor of that Island, with
power to nominate Justices of the Peace in order to prevent
the many outrages and murthers committed there in the winter
season. We hope we shall hear from you as often as any
occasion offers and that you will transmit to us constant accounts
of occurrences within your Government etc. As to the
French inhabitants who shall take the oaths, it must be
esteemed by them as a mark of H.M. goodness that they have
not long since been obliged to quit their settlements in Nova
Scotia, according to the terms of the Treaty of Utrecht ; not
having till now taken the oaths of allegiance to H.M., it is to
be feared we cannot much depend upon them in case of a
rupture, notwithstanding this complyance, and therefore tho'
it might not be amiss that they should take new grants of their
respective plantations, there seems to be no reason why they
should not in that case pay the same quit rents with the rest
of H.M. subjects. So we bid you heartily Farewell and are
Your very loving friends and humble servants etc. Annexed,
246. i. Copy of Col. Dunbar's Additional Instructions.
(v. April 27th.) [C.O. 218, 2. pp. 202-214.]
247. Council of Trade and Plantations to Lt. Genl.
Mathew. Enclose following, with new Seal. The old seal is
to be immediately returned to the Board. Annexed,
247. i. H.M. Warrant to Governor George, Lord Forbes, or
the Commander in Chief of the Leeward Islands for
the time being, for using the new Seal, described.
[C.O. 153, 15. pp. 51, 52.]
116
COLONIAL PAPERS.
1730.
May 20.
Whitehall.
May 20.
Perth
Amboy.
May 22.
Perth
Amboy.
248. Mr. Popple to Governor Philipps. In explanation of
1st paragraph of No. 246. I am to observe to you that
by the words of that oath the French do not promise to be
faithful to H.M. ; the oath indeed seems intended to have been
a translation of the English Oath of Allegiance, but the different
idiom of the two languages has given it another turn, for the
particle " To " in the English oath being omitted in the French
translation, it stands a simple promise of fidelity, without
saying to whom, for as the word fidelle can only refer to a dative
case and obeirai governs an accusative, King George has not
a proper security given to him by the first part of this oath
and it is to be fear'd the French Jesuits may explain this
ambiguity so as to convince the people upon occasion that they
are not under any obligation to be faithfull to H.M., which
might have been avoided, if the oath had run in the following
terms, Je promets et jure sincerement en foy de Chrestien que
je serois entierement fidelle a sa Majeste le Roy George le
Second que je reconnois pour le Souverain Seigneur de la
Nouvelle Ecosse et de 1'Acadie et que je lui obeirais vrayment.
Ainsi Dieu me soit en aide. [C.O. 218, 2. pp. 214, 215.]
249. Governor Montgomerie to the Duke of Newcastle.
Acknowledges letter of 22nd Jan. by H.M.S. Solebay and
instructions as to cessation of arms etc. Has ordered enquiries
to be made whether any prizes have been taken from the
Spaniards since \\ June, 1728. Acknowledges letter of 2nd
March relating to the English Copper Company. Concludes :
I have had several conferences with the Proprietor of the
Mines. I find him unwilling to enter into any contract here,
and all I can bring him to is to promise, that when his ships
arrive in England with the ore, the Company shall have the
first sight of it etc. Signed, J. Montgomerie. Endorsed, R.
8th Sept. 2 pp. [C.O. 5, 983. ff. 16, 16*;., 17u.]
250. Governor Montgomerie to the Council of Trade and
Plantations. Abstract. Has had no opportunity till now of
acknowledging their letter of July 9, 1729. He was so far
from discouraging the late Assembly from addressing the
Crown for a distinct Governour, that when he was informed
of their secret consultations, he made it known to all that he
would not oppose the Council's joyning with them in a dutifull
Address and would willingly transmit it. As stated 20th
April, 1729, his principal reason for dissolving them was because
in their resolves and messages they mentioned no application
nor address to the King. Anxiously expecting a reply to his
letter of 2nd Aug., he prorogued the Assembly till he could
do it no longer, the revenue expiring in Sept. next, so met them
on 7th May. He did not in his Speech (enclosed) mention
their Instruction for repealing the last clause of the Act for
AMERICA AND WEST INDIES.
117
1730.
appropriating a part of the interest money because the Act for
providing for the incidental charges of the Government (to
which use the interest money has always been applyed) is
generally the last Act of the Session, and hopes for the Board's
answer to his letter of 2nd Aug. 1729, before that. He has
conversed with all the Members about it, and has little hopes
that they will consent to the sinking of the interest money,
for they insist that the bills sink regularly and punctually
without it. The Assembly has as yet gone upon no business
of consequence, having been obliged to adjourn a week, because
of the meeting of the Supream Court, which required the
attendance of several of the Members. The Quakers are as
numerous in this as they were in the last Assembly. Hopes
they will behave better than they did then and do something
to deserve the favour of having their bill ratified. Mr. Kinsey,
one of their profession, is chosen Speaker and a man of sense
and honesty etc. Returns thanks for their report on Mr. Morris
junior. His removal from the Council of New York was
absolutely necessary, for his whole business has always been
to set the Council, Assembly and the Governor by the ears, etc..
Set out, N. J. Archives, 1st Ser. V. 268. Signed, J. Montgomerie.
Endorsed, Reed. 12th Sept., 1730. Read 16th June, 1731.
4 pp. Enclosed,
250. i. (a) Speech of Governor Montgomerie to the General
Assembly, Perth Amboy, 7th May, 1730. H.M. has
commanded me to have a strict regard for all your
rights and priviledges and instructed me to concur
with you in everything that is for the real good of the
Province, particularly the encouragement of your
trade and manufactures. He expects on your part
that you will support his Government by settling
upon him a revenue in as ample a manner and for as
long a time as former Assemblies have given it to his
predecessors etc.
(b) Reply of Assembly. Express their " loyalty and
gratitude to the best of Kings " and declare their
readiness to settle the revenue as above, etc. Signed,
John Kinsey, jr., Speaker.
(c) The Governor's reply, expressing satisfaction with above.
Endorsed as preceding. Copy. 3 pp. [C.O. 5, 972.
ff. 209-210U., 217-2130.]
May 22.
Perth
Amboy.
251. Governor Montgomerie to Mr. Popple. Excuses
himself for not having written oftener, but knew he would see
his letters to the Board. Returns thanks " for the great care
Mr. Drummond tells me you have taken of every thing that
concerned me at the Board of Trade." Will return answers
118 COLONIAL PAPERS.
1730.
to queries of Dec. 9th, 1729, but some require time. Signed,
J. Montgomerie. Endorsed, Reed. 12th Sept., 1730, Read
2nd April, 1731. 1 p. [C.O. 5, 1055. ff. 153, 154i;.]
[May 22]. 252. Account and certificate of the value of the Swallow
and cargo of fish (15261. 19s. Qd. sterg.) seized at St. Ogne, 30th
Sept., 1718. (v. 7th July). Endorsed, Reed. 22nd May 1730.
English and French. 4| pp. [C.O. 388, 93. Nos. 18, 18 i.]
May 23. 253. The Council of Trade and Plantations to the Privy
Whitehall. Council. We have had under consideration your Lordsps.
Order of the 14th inst. referring to us a petition from the Lord
Carteret, setting forth his " right to one full eighth undevided
part of Carolina, and also of the arrears of Quit rents, and
numbly praying, that his eighth part of the soil may be set
out and allotted to him, in such parts of the sd. Province, as
shall be agreed upon by such persons as H.M. shall be pleased
to appoint for H.M. and such persons as his Lordsp. shall name
on his part, to hold the same in severalty to him and his heirs,
together with all the same royalties, powers, liberties and
privileges (the Governmt. of the said Province only excepted)
as far as concerns such eighth part, as he is entituled unto under
the Charter of the Province, and the Act of Parliament lately
passed for establishing an agreement with seven of the Lords
Proprietors of Carolina for surrendering their title and intrest
therein to H.M., in case such division or allotment was not or
should not be made ; and under the like quit rents as are
mentioned in the sd. Charter, according to his proportion or
eighth part thereof ; whereupon the said Lord Carteret proposes
to surrender to H.M. his intrest in the Government of the said
Province, and to convey, confirm and release to H.M. the other
seven parts of the said province." We take leave to represent
to your Lordships, that we are of opinion it will be for H.M.
service, that the Lord Carteret's property shou'd be separated
from that of H.M., wherein he should enjoy whatsoever he is
entituled to by the Charter of Carolina and the aforesaid late
Act of Parliament ; and to prevent any difficulties that may
attend the setting out an eighth part of the soil of the said
Province, we think the method proposed by the said L.
Carteret will be most effectual. Wherefore we have no objection
to H.M. appointing some proper persons and impowering them
to agree finally with such as shall be appointed by the said
Lord Carteret for such a tract of land as they shall deem to be
a just proportion for his Lordship's eighth part and upon his
Lordship's surrendering to H.M. all pretentions to the Govt. of
Carolina, the sd. eighth part of the lands to be set out as afore-
said may be convey'd to his Lordsp. in such manner as H.M.
shall be advised by his Council learned in the Law. [C.O. 5,
400. pp. 77-79.]
AMERICA AND WEST INDIES.
119
1730.
May 25.
Boston.
254. Col. Dunbar to Mr. Popple. Abstract. As he has
not had one line from any of the offices, fears his letters have
either miscarried or been disapproved. By the mast ship
lately arrived at Casco-bay, letters from Mr. Waldoe state that
he has prevailed at home to put a stop to the settleing the new
colony until further orders, and until H.M. title to those lands
is determined, which he always apprehended was done before
his late Majesty in Council some years ago. Continues : I
have seen a printed state of the proceedings thereupon with an
opinion signed by Dr. Pinfold of Doctors Commons. Capt.
Coram was one of the petitioners who proved the King's right,
and then all the present claims lay dormant, as they did in
1663, when the tract of lands now in dispute was granted by
patent to ye Duke of York, it was never worth their while to
settle till now they apprehended yt. H.M. was inclined to do it,
and if the claims are allowed I will pawn my life it will never
be settled etc. Continues : " The dayly opposition and
ill useage I meet with for doeing my duty is not to be creditted,
and ye famous Dr. Cook at the head of all, even to the pleading
all their causes in the Admiralty Courts," etc., where the Judge
is superannuated, and either very ignorant, or partial to the
country, or both. The proceedings and decrees will prove it.
Describes the objections he made to Dr. Cook's affidavit, which
they owned were right, but would not correct it. Continues :
" Dr. Cook now says I have hinder 'd him and others from
settleing, it is wonderfull they never were induced to attempt
it before, as is plain by the whole country is a wilderness, without
one house or hutt between the Island of Arrowsick in ye river
of Kennebeck and Georges River, where the Province of the
Masachusets keep a truck house for ye furr trade with the
Indians and those two rivers are about fourty miles asunder,
and there are not ten acres of clear land about ye truck house,
nor any clear land or settlement anywhere else ; I have done
more this winter at Fredericksburg than ever was in ye whole
province, no part of even the Masachusets can show so much
clear land without some wood, and now most part of it under
corn and gardens, it is a thousand pittys such a settlement
should be baulked to please a number of thankless people,
who act herein in pure opposition to his Majesty, and not with
any real designe to settle themselves there, but in my humble
opinion the scope of land these people already possess is too
extensive, and will containe more than enough such subjects
as they are etc. If it should be H.M. pleasure that the settle-
ment should go on, desires to be excused in being concerned
etc. There would not have been any opposition to this new
settlement but that Dr. Cook and Mr. Waldo spirited up the
claimants, saying their interest at Court was not to be withstood,
of wch. they had a late instance, it is impossible to describe
their behaviour since, tho' now . that they hear their own
120 COLONIAL PAPERS.
1730.
Governour is charged with ye 23rd Article in stronger terms
than Mr. Burnet was, they express themselves with great
resentment and indecency towards him. Most of the people
who have the claims sett no vallue upon them and were willing
to take new titles under the quit rent reserved, until Dr. Cook
and Mr. Waldo said they would not give the King a farthing
and undertook to sollicit a confirmation of the titles for one
halfe to themselves. I beg it may be rememberd that if the
claims are allowed, all those lands will be private property
before the year 1690, and there can be no reserve there for the
Royal Navy, when I sayd thus to Mr. Westbrook, the present
undertaker for the masts, he replyed, the King might go into
ye bay of Fundy for 'em, these and many such desrespectfull
treatments of his Majesty, I own does so ruffle me that I am
weary of my life, and any man yt. behaves anything different
from the croud, stinks of the prerogative, this expression is
common wth. them, some of them lately upon the arrival of
ships from London, gave out for news, that the King and
Queen were poysond. and yt. England was in armes divided
for the Prince and Duke, late at night many families were
waked and alarmd wth. this, the Attorny Genii, has had ye
partys bound over, and is resolved to prosecute them, but he
tells me he fears the punishmt. will not be corporal nor exceeding
20s. fine ; the fines mention'd in the Acts of Parliamt. are
construed here to be this currency wch. is not | sterl., I beg
an explanation of yt., tho' I have no occasion as yet, never
having received one penny fine, but doubt not to be decreed
some upon my appeals home, but then the partys will only
go to jail for a little time etc., and not longer for 100 trees than
for one. I am more out of pocket upon the prosecutions than
I can spare, and have no fund for it. I wish the Advocate and
Attorny Genii, were ordered to attend all prosecutions, and to
make their demands home, tho' if either of them was Judge
of ye Admiralty in lieu of Mr. Byfield, the King would have
justice here, and ye fines might not onely pay the charges, but
afford some small sallary or travelling charges for them. My
Lords will be surprised at proceedings ; which are now pre-
pareing for my sending home, by the Attorny and Advocate
General, which I hope will be convinceing yt. nobedy ought to
be a judge in these parts yt. either is a native or interested in
the lands or woods ; the man of war for this station is dayly
expected and it is rumoured that Mr. Belcher was stop'd in
England upon the Ministry being made acquainted with his
religion and principles, here is a Gentlemn. that heard him
say lately in London, when a bible and common prayer book
were presented to him bound together, that he would take
away the prayer book because it polluted ye bible, the King's
friends here are pleased wth. ye hopes of a new Governour,
and wish for Collo. Burges or some man of spirit to keep these
AMERICA AND WEST INDIES.
121
1730.
stubborn people to their duty etc. Please lay this before their
Lordships etc. P.S. Here is a report yt. Coll. MtGomery is
dead at New York, but I cannot find any grounds for it. Signed,
David Dunbar. Endorsed, Reed. 2nd July, Read 28th Oct.,
1730. Holograph. 8 pp. Enclosed,
254. i. Copy of a Summons to Col. Dunbar to be present at
the taking of affidavits against him 23rd May, 1730, by
Adam Winthrop, Elisha Cook, Anthony Stoddard,
James Bowdoin and Cornelius Waldoe, merchants,
of Boston. Signed, Timo. Clarke, Nath. Green.
Enclosed, Reed. 2nd July, 1730. Copy, attested, John
Darrell, Depty. Sheriff. 1 p. [C.O. 5, 871. ff. 176-
May 26. 255. Mr. Popple to Mr. Burchett. In reply to 12th May,
Whitehall, my Lords have no objection to the informer receiving H.M.
share of the penalty etc. [C.O. 5, 916. p. 387.]
May 26.
Whitehall.
256. Council of Trade and Plantations to the Committee
of the Privy Council. Reply to Dec. 18th, 1729. We have
discoursed with the merchts. and planters concern'd in [the
Leeward] Islands, and find they are of opinion that the said
Islands cannot afford to grant additional salary to their Govr.,
but if we may be allowed to judge of their ability, from what
they have already given to former Govrs., we think that they
might allow a summ not exceeding 2000/. sterl. But the
merchts. having refused to give us any information with respect
to the proportion each island ought to pay of this summ, we
do not think ourselves sufficiently enabled to ascertain the
same. We are the rather inclined to believe, these Islands
may without difficulty come into this contribution, because
the summes given by them to the Lord Londonderry, were
much larger, and yet when disputes arose before this Board
upon the acts by which those summs were granted, the merchts.
complaint was not against the summ given to his Lordship,
but against the manner of collecting only. Considering the
dearness of provisions and the manner in which H.M. Governor
should live, to support the dignity of his employment in the
neighbourhood of the French and other foreign nations, we
conceive that less than 2000/. sterling in addition to the salary
paid by H.M. will not be sufficient. We apprehend, the fees
and perquisites of this Government to be of small consequence,
Col. Hart having informed us that he offered, when he was
Govr. of the Leeward Islands, to farm them at 200/. per annum,
and the said perquisites were then more and more considerable
than they can be now, the French lands on St. Christophers
being since that time disposed of, for the benefit of the publick :
But we think it our duty to acquaint your Lordships, that from
122
COLONIAL PAPERS.
1730.
May 27.
May 27.
May 27.
Whitehall.
May 28.
Barbados.
the disposition which the people of these islands seem to be in
at present, we apprehend there is very little reason to expect
they will make any additional provision for a new Govr. [C.O.
153, 15. pp. 53-56.]
257. Mr. Popple to the Officers of the Board of Works.
The rails before this Office being in a very ruinous condition,
desires they will give directions for repair etc. [C.O. 389, 37. p.
310.]
258. Merchants trading to S. Carolina to the Council of
Trade and Plantations. Pray that the laws relating to the
execution of Justice, particularly that for altering the manner
of serving process etc. may be amended, (v. April 17). Signed,
Ste. Pet. Godin, John Hewlett, Richd. Lambton and eleven
others. Endorsed, Reed. 27th May, Read 4th June, 1730. 1 p.
[C.O. 5, 361. ff. 105, 106i;.]
259. Mr. Popple to Col. Williamson. My Lords Commis-
sioners being informed that Mr. Hintze has received the money
from the Treasury, but remains privately in town etc., desire
you will let them have what information you can get of this
matter, their Lordships being very much concern'd to find a
person you so strongly recommended act in this manner. [C.O.
218, 2. p. 216.]
260. [Governor of Barbados]. Encloses duplicates of 16th
May and refers to enclosures. Concludes : Something must
be done against the exorbitant, and surprizing increase of
the French in these parts, and amongst other things nothing
seems more reasonable, expedient and necessary than that
the English should have St. Lucia, the French Dominique,
and that St. Vincent be possessed only by native Indians and
free negroes that are on it. If the French will not come into
this, surely they have a premeditated design to circumvent
and overrun us. I am now to request of your Grace, that you
would please to let my letters be punctually answered, or their
receipt acknowledg'd by your Secretary, etc. for otherwise I
may be sometimes in suspence and great incertainty. No
signature or endorsement, f p. Enclosed,
260. i. Deposition of Mark Waters, merchant, Barbados.
14th May, 1730. Deponent is very well acquainted
with Sta. Lucia. For some years past several French-
men have come over from Martinique and settled in
all parts where there is any conveniency of landing.
They are encouraged and have permissions from the
General of Martinique. Deponent is well satisfied
that he gives them leave to settle at Dominique and
St. Vincent as well. When he was last at Sta.
AMERICA AND WEST INDIES. 123
1730.
Lucia there were at least 200 French families inhabi-
tants there and more were daily coming on. He hath
often heard it reported by the French there that they
soon expected to make it a French settlement. If
speedy care be not taken, the French will soon become
very strong on said Island. Signed, Mark Waters.
I p.
260. ii. Deposition of Samuel Clay, master of the sloop
Elizabeth, owned by Mark Waters, 14th May, 1730.
On 24th March last deponent touched at Dominique
for water and ballast at the S.E. part of that island,
where he found several French inhabitants settled.
He was received by several Frenchmen who required
him to go to their Captain for a permission, which he
refusing to do, they told him he must go to their
Captain for that he was put in by the Marquis of
Champagnie (who is general of the French Islands),
and that said Champagnie had reviewed them and
found their body to consist of 500 effective men.
They offered to buy goods off him if he would get
permission from their Captain to trade, which deponent
refused to do, saying that he knew no right the French
had to that island etc. One Caleb Sudbury belonging
to Barbados was lately at St. Vincent and told him
that St. Vincent had likewise a French Captain
appointed there. If timely steps be not taken, the
French will soon be masters of Sta. Lucia, Dominique
and St. Lucia, etc. Signed, Saml. Clay. 1 p.
260. iii. Deposition of Richard Crawdon, master of the sloop
Industry, owned by John Ridley, Barbados. 15th
May, 1730. On 25th March deponent landed at St.
Vincent to cut timber, when one Monsr. Ja'true
endeavoured to prevent him. On deponent making
answer that he would in spite of him, Ja'true
immediately offered a hogshead of rum and a hogs-
head of wine to the native Indians and negroes to
come down and burn his sloop. Deponent was forced
to send and bribe them to prevent it, but believes
they would have done it, had not another English
sloop, commanded by one Daniel Daniel (on board of
which was Caleb Sudbury) been there and agreed to
stand by one another. Ja'true told him that he was
sent by order of the General of Martinique to cut
timber for the fortifications at Martinique ; and that
the said General had given orders to suffer no English-
man to come ashore there or at Sta. Lucia, to cut
wood or timber, and also said they expected both the
said islands would be made French settlements very
soon. There is one M. Pecherea at St. Vincent which
124 COLONIAL PAPERS.
1730.
the Frenchmen told deponent was sent by the General
of Martinique to reside there as their Capt. Deponent
has used the said island near 7 years, and there is at
least 500 French families settled there besides 1000
negroes etc. At Sta. Lucia there is not less than 250
or 300 French families settled, and several of them
have from 20 to 50 slaves each, and once in six months
a person comes from Martinique sent by the General
to take an account of the number of the inhabitants.
Signed, Richard Crawdon. If pp.
260. iv. Deposition of Caleb Sudbury. Deponent has been
employed to build sloops for the French inhabitants
at Sta. Lucia etc. Corroborates preceding. 14th May,
1730. Signed, Caleb Sudbury. 1| pp.
260. v., vi. M. Godart to Caleb Godart. Ste. Lucie, Feb.
2nd and llth April (N.S.) 1730. Engages him to come
and build a sloop for him. Signed, Marm. Godart.
French. 2| pp.
260. vii. Deposition of John Barnes, master of the Good
Intent, Barbados. 15th May, 1730. A Frenchman
named Tremblant, armed with pistols and cutlash
prevented deponent's people from cutting timber
on St. Vincent, llth March, 1728. They said they
were sent to cut timber for the fortifications by the
General of Martinique and had orders from him not
to suffer any Englishman to come ashore to cut wood
or timber. They ordered deponent to begone and
that night boarded his sloop and searched for him
and when they found him next day, made several
strokes with their cutlashes to have cut him down
etc. Corroborates No. iii. Signed, John Barnes. 3 pp.
[C.O. 152, 43. ff. 132, 133-137, 138-139*;.]
May 28. 261 . Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, an act of Antigua for cutting off the entail
of lands of John Bradshaw deed. etc. [C.O. 153, 15. pp. 56, 57.]
May 28. 262. Governor Mathew to the Council of Trade and
St. Plantations. I waited so long for the publick papers I was to
Christophers transmitt to your Lordships that I apprehended I might at
last be blameable for not sending those I had already receivd
(even tho' the series of them is very incoherent) having so good
an oportunity by Mr. Gordon, who promises to take care of
them etc. Sends five great packets to the Secretary etc. The
lists of births and burials I find impracticable to get as compleat
as required. Several parishes have from time to time been
without an incumbent. The Church Wardens have been very
negligent in those intervals in keeping a due register, and
where a foreign clergyman has been calPd upon in the
AMERICA AND WEST INDIES. 125
1730.
vacant parish to bury or christ'n, he has omitted making
the entrys in that parish register. As fast as I can get
in more of these, I shall carefully transmitt them home. In
one of the bundles are several acts pass'd by His late Excellency,
that I got at last from his Executor, whether these be originals
or duplicates I can't tell. Among them are but two acts of
my passing. One in Montserat for raising a levy, in the usual
form. The other an act made in Antigua for continuing their
Court act for one year longer. They deferr'd till almost the
last day providing a new act to regulate and establish the
Courts of Justice ; their old one being just expiring, and then
hurry'd up this short one, else the currt. of the law would have
been stop'd. Probably during the year's continuance of this
a new act will be provided, which is to contain some alterations
and amendments on the former, and preparing such a bill is
generally the task of the Members of the Assembly that are
of the law. There are many transcripts of Minutes of Council
and Assembly. But these too are incoherent, and are, some
of them, brought me but this very morning that the ship sails.
So that I have not time to examine strictly what spaces want
filling up, but will immediately sett about it, and call in for
what are wanting in order to transmitt them to be laid before
your Lordships. By the lists of papers I now send, your
Lordships will find the respective officers have been duely called
upon by me for all the several accots. I am order'd to get in.
Tho' but few of them are yet come to hand etc. I will not be
wanting I assure your Lordships in extortting this duty from
the several officers, and if I fail compleating this service before
Lord Forbes's arrival, I will put into his Lordship's hands your
Lordships' orders and an accompt how farr I have been able to
obey them etc. I hope no complaint will come to your Lord-
ships against me for rejecting an Act of the Island of Antigua
for continuing their present Agent three years longer, which I
did, for that the present act expires not till the beginning of
next year. Therefore there was no immediate danger of that
island suffering for want of an Agent, and because, as 'twas
for the present unnecessary, I would not anticipate any
oportunity of Lord Forbes's giving that Island good laws, or
having the full exercise of his power. I am very much at a
loss how to send the latitude and longitude of evry island in
this Government, which (the Virgin Islands included) are a
very great many. I want instruments proper for that purpose,
and am so little us'd to such observations, that I could not
depend on my own exactness. I had got Colonel Phipps to
go down to Leeward, and with such artists as are to be found
here to do it as well as could be. But he has been prevented by
illness that has stop'd his voyage these two months. I intend
to propose it to the Captain of H.M. ship of warr on this station
etc. Our Assembly here has often met, but done little business
126
COLONIAL PAPERS.
1730.
of late. They are taken wholly up in bringing Wavell Smith
Esq. from the Council Board to the barr of their House, to
accompt to them for misbehaviour in his Secretary's Office,
alledg'd in general terms against him, as extorting unlawful!
fees etc. They have pressd me strongly by an address and at
a Conference to suspend him from his seat in Council on these
suggestions only, and for a contempt they charge him with in
harsh words in not attending a Committee of their House
according to order, and a good deal of paper has been us'd on
both sides between him and them. It must conclude by the
llth June, for then this Assembly expires, and if I find it
necessary, I shall pray your Lordships' leave to lay the whole
before you and wait your determination therein. At present
I am intending this, being unwilling to give from my own
judgement a precedent that concerns so much the priviledge
and independance of both Houses. But as there is to be a
meeting on Monday next when this matter will probably be
brought again on the tapis, I wait till after that day to resolve
what to do in it for my own safety from complaints and to
gratify each House. It's pity such expedients are so often
found to avoid doing the Islands more eminent and more
necessary service. Signed. William Mathew. Endorsed, Reed.
10th July, Read 13th Oct. 1730. Holograph. 4 pp. [C.O.
152, 18. ff. 9, 10, 11, 12,
Christophers.
May 28. 263. Same to Mr. Popple. Refers to packets sent by Mr.
st - Gordon etc. ui supra. Signed and endorsed as preceding. (Reed,
from James Gordon Esq.). Holograph. 1 p. Enclosed,
263. i. List of public papers sent under the care of James
Gordon etc. Endorsed as preceding. 4| pp.
263. ii. Docket of fees of the Marshall, St. Christophers.
Endorsed, Reed. 10th July, 1730. 1 p
263. iii. List of inhabitants of St. Christophers, 1729. By
parishes. Totals : Christian Men, 1117 ; Women,
994 ; Children, 1586. Slaves, 14,663. Same endorse-
ment. | p.
263. iv. List of inhabitants of Nevis, 1729. By parishes.
Totals /Christian Men, 373 ; Women, 390 ; Children,
533. Slaves, 5646. Same endorsement. | p.
263. v. Birth and Burials in the parish of Christ Church,
Nichola Town, St. Kitts, 1721-1730. 3 pp.
263. vi. Births and Burials within the parish of Trinity,
Palmeto Point, St. Kitts, 17211730. 2 pp.
263. vii. Births and Burials within the parish of St. George,
Basseterre, 17211728. 2 pp.
263. viii. Baptisms and Burials in the parish of St. Thomas,
Middle Island, 17221730. 2 pp.
263. ix. Mr. Moore to Governor Mathew. Encloses No.
viii. Signed, John Moore, Mar. 25, 1730. 1 p.
AMERICA AND WEST INDIES. 127
1730.
263. x. Baptisms and Burials in the parish of St. John
Cabesaterre, 17211730. f p.
263. xi. Baptisms and Burials in the parish of St. Mary
Cayan, 1721 1730. Signed, Archibald Cockburn.
3pp.
263. xii. Births and Burials in the parish of St. Anns, Sandy
Point, 17241730. Signed, Dr. Bethune, Rector.
1 p. Nos. v.-xii. endorsed, Reed. 10 July, 1730.
263. xiii. List of Secretary's fees, St. Christophers. Same
endorsement. 2| pp.
263. xiv. List of White inhabitants of Antigua. By divisions.
Totals /Men, 1337 ; Women, 1096 ; Children, 1655.
Same endorsement, f p.
263. xv. List of Secretary's fees, Montserrat. Same endorse-
ment. 3 pp.
263. xvi. The Political Anatomy of St. Anthony's district,
Montserratt. Gives names and quality of freeholders
and their possessions, Totals : Houses, 104 ; wind-
mills, 12 ; water-mills, 1 ; cattle-mills, 27 ; men, 138 ;
women, 155 ; children, 183 ; white men servants, 48 ;
white women servants, 14 ; Negro men, 1178 ; negro
women, 1044 ; negro children, 1006 ; numbers in
family, 470 ; acres cultivated, 3029 ; uncultivated,
2334 ; sugar acres, 2775 ; indigo acres, 12 ; cotton
acres, 2 ; ginger acres, 0. Horses, 226 ; mules, 209 ;
cattle, 759 ; sheep, 175 ; hogs, 83 ; goats, 130 ;
fire-arms, 222 ; swords, 81. 1| large folded p.
263. xvii. Political Anatomy of St. Patrick's or White River
District, Montserrat. Names of Planters etc.
Totals : Houses, 33 ; Windmills, 2 ; cattle mills, 6 ;
women, 42 ; men, 53 ; children, 105 ; white servants,
2 ; negroes, 722 ; number in family, 194 ; acres
cultivated, 650 ; uncultivated, 1904 ; sugar acres,
408 ; indigo, acres, 13 ; cotton, acres,33 ; horses, 94 ;
mules, 45 ; cattle, 148 ; sheep, 106 ; hogs, 46 ; goats,
106; firearms, 74. f large folded p.
263. xviii. Political Anatomy of St. George's, or Windward
District, Montserrat. Names of planters. Houses,
64 ; windmills, 7 ; cattle-mills, 13 ; men, 52 ; women,
48 ; children, 100 ; white servants, 14 ; negroes,
1223 ; number in family, 163 ; acres, cultivated,
1338; uncultivated, 471 1; sugar, acres, 1482; indigo,
acres, J ; horses, 97 ; mules, 156 ; cattle, 127 ; sheep,
114; hogs, 69, firearms, 71. frd large folded p.
263. xix. Political Anatomy of St. Peters, or Northward
District. Names and trades of inhabitants. Houses, 55 ;
windmills, 2 ; watermills, 2 ; cattle-mills, 6 ; men,
51 ; women, 39 ; children, 87 ; white servants, men,
6 ; women, 6 ; negroes, 682 ; number in family, 167 ;
128 COLONIAL PAPERS.
1730.
acres, cultivated, 841 ; uncultivated, 1321 ; sugar,
acres, 629 ; indigo, acres, 11 ; cotton, acres, 18 ;
horses, 55 ; mules, 49 ; cattle, 286 ; sheep, 255 ;
hogs, 93 ; goats, 39 ; firearms, 59 ; swords, 27.
Endorsed, 10th July, 1730. 1 large folded p.
263. xx. Account of stores and condition of forts and forti-
fications of Montserrat. Signed, Charles Pilson,
Gunner. Same endorsement, f p.
263. xxi. List of baptisms in the parish of St. Anthony,
Montserrat, 5th March, 1722 23rd Nov., 1729. 4 pp.
263. xxii. List of burials in same. 2| pp.
263. xxiii. List of baptisms in the parish of St. George, 3 pp.
263. xxiv. List of burials in same, f p.
263. xxv. List of baptisms in the parish of St. Peters. 2 pp.
263. xxvi. List of baptisms in St. Patrick's parish. | p.
263. xxvii. List of burials in same. \ p.
263. xxviii. List of marriages in same. | p.
263. xxix. List of marriages in St. Anthony's parish. 1| pp.
263. xxx. List of marriages in St. George's parish. If pp.
Nos. xxi. xxx. endorsed, Reed. 10th July, 1730.
263. xxxi. Treasurer's receipts and payments of revenue in
Montserrat, 8th March, 1722 13th Nov., 1729. Signed,
John Roynon, Treasurer. Endorsed as preceding.
I4>pp,
263. xxxii. Account of negro-slaves imported into Mont-
serrat, 25th March, 1721 25th Dec., 1729. Total,
3,210. Signed, Nath. Webb, Coll. Same endorsement.
2 pp.
263. xxxiii. List of inhabitants of Nevis, 1729. By parishes.
Totals : Christian men, 373 ; women, 390 ; children,
533 ; slaves, 5646. Endorsed, Reed. 10th July, Read
13th Oct., 1730. I p. [C.O. 152, 18. ff. 13, 14-16,
18z;.-20, 21i>., 22, 23?;., 25, 26, 27, 28, 29, 30, 31, 32,
33, 34, 36, 37, 38, 39-42, 43-47, 48, 49, 49i;., 50-51,
52, 53, 54, 55, 56, 57, 58, 59, 60, 61-63, 64, 65, 66,
6Qv., 67u.-73, 74i>., 75u.-77, 78v.]
May 29. 264. Lt. Governor Gooch to the Council of Trade and
Virginia. Plantations. I have lately had the honour of your Lordships'
letter of 6th Nov., with the new seal etc., and shall by the
Biddeford man of war, now ordered home return the old one
etc. I have also received the letter with queries etc., and am
preparing an answer, which shall be transmitted with all possible
dispatch. The General Assembly mett the 21st instant, and
that your Lordships may be apprised of the subject of their
consultations, encloses Speech and Addresses etc. Continues :
As by these it will appear there is a perfect harmony amongst
us, so I have no reason to doubt of its continuance and good
AMERICA AND WEST INDIES. 129
1730.
effect on their future proceeding ; That which at present requires
my chief attention is the framing of a bill for improving the
staple of tobacco, agreable to the scheme I formerly laid before
your Lordships ; the Burgesses have already made some
progres, and though it costs me a great deal of pains and
application, and it may be impossible to reconcile their different
notions and interests, which perhaps may make some alteration
in my project, yet I hope to accomplish the principal design
by ascertaining the weight so as to prevent that abuse of running
the tobacco in Great Britain, and thereby defrauding H.M.
of his Customs. And they are now in the House of Burgesses
reading the third time a bill for repealing the last law, which
confined the planters to 6000 plants, etc. Signed, William
Gooch. Endorsed, Reed. 1st Aug., 1730, Read 12th May, 1731.
Holograph. 2 pp. Enclosed,
264. i. Speech of Lt. Governor Gooch to the Council and
Assembly. The miserable circumstances their staple
is reduced to, render the present a suitable opportunity
for considering his scheme for improving it. " And
since whatever acts you prepare, will have >no long
continuance, if they are disagreeable to the British
trade, it is with great satisfaction that I acquainst
you, the scheme I now recommend has been already
approved at home " etc. Lays before them two
Instructions. "One concerns the honour of Almighty
God not yet by law sufficiently secured, etc. ; the
other relates to bankrupts in England having no
estates in this country." Suggests new bill, without
the objectionable clauses, in place of the act limiting
suits on judgments and obligations repealed etc. They
are experiencing all the felicity they hoped for under
the government of so amiable a monarch etc. En-
dorsed, Reed. 1st Aug., 1730. 3 pp.
264. ii. Address of Council in Assembly to Lt. Governor
Gooch. Return thanks for above speech and agree
with it. May 22nd, 1730. Signed, in the name of
the Council, Mann Page. Endorsed as preceding.
Copy. 1 p.
264. iii. Address of the House of Burgesses to Lt. Governor
Gooch. Return thanks for above Speech. Welcome
the Peace with Spain, and will do all in their power
to put their trade under such a regulation as may
remove from it those mischeifs which are now become
a burthen intolerable etc. Will imitate the Lt.
Governor's calmness and disinterestedness etc. Signed,
Jno. Holloway, Speaker. Endorsed, Reed. 1st Aug.,
1730. Copy. 1 p. [C.O. 5, 1322. ff. 140, 1400.,
c.r. xxxvn- 9
130
COLONIAL PAPERS.
1730.
May 29.
Marten's
Lane,
Cannon
Street.
June. 2.
Whitehall.
[June 2].
June 2.
June 3.
Whitehall.
265. B. De la Fontaine to the Council of Trade and Planta-
tions. Refers to letter of llth Aug. etc. 500 Palatins have
now come to Rotterdam. He and Mr. Missing have shipping
to take them to the British Plantations. 500 more are coming.
Will endeavour to persuade them to go to Carolina, if the
Board think it is for H.M. service and if anything is settled for
their encouragement etc. Signed, Benja. De la Fontaine.
Endorsed, Reed. 29th May, Read llth June, 1730. 1 p. [C.O.
5, 361. ff. 113, 1140.]
266. Mr. Popple to Daniel Pulteney Esq. My Lords
Commissrs. have for some time been collecting all the proofs
they can find, in support of H.M. title to the islands of Sta.
Lucia, St. Vincents and Dominico ; and as this matter at least
so far as relates to Sta. Lucia, was formerly under your con-
sideration at Paris etc., they desire that if any particular facts
or observations have occurred to you, material for this end,
you would be pleased to communicate them to their Lordsps.,
wch. they will esteem as an obligation. [C.O. 29, 15. pp.
133-135.]
267. Deposition of Thomas Lake, Master of the Hope.
Bideford, April, 1730. Bound from Newfoundland to Cadiz,
laden with dry cod fish, and arriving there 13th Oct., 1718,
without any knowledge of any breach with Spain, the crew were
made prisoners, the ship seized, plundered and fitted out for the
King of Spain's use. The ship and cargo was worth 2320Z.
Inventory annexed. Signed, Thomas Lake. Endorsed, Reed.
2nd June, 1730. Copy. 1 p. [C.O. 388, 89. ff. 78, 78v.]
268. Thomas Lowndes to the Duke of Newcastle.
Duplicate of No. 275 i. Signed, Tho. Lowndes. Holograph.
1 p. Encloses following.
268. i. Richard Lambton to Thomas Lowndes. Copy of
No. 275 ii. | p. [C.O. 5, 388. ff. 20, 21.]
269. Order of Committee of Privy Council. The Lords
Commissioners for Trade and Plantations are to prepare a
proper Instruction to the Governor of New England, for H.M.
Royal signature, signifying that, as a means to encourage the
discovery of persons who destroy H.M. woods, H.M. is graciously
pleased to grant his share to the Informer of the penaltys
inflicted by the Act for the further encouragemt. of Naval Stores.
And that the said Governor be required in the strictest manner,
to take especial care, that by H.M. giving this encouragement,
it doth not induce persons clandestinely to cut down and lay
waste H.M. woods in those parts, instead of conducing to the
preservation thereof, by collusions between the Informer and
the persons who shall be prosecuted. And that the said Lords
AMERICA AND WEST INDIES. 131
1730.
Commissioners do likewise prepare another draught of
Instructions, proper to be sent hereupon to Col. Dunbar,
requiring him in like manner to take all possible care to prevent
collusions etc. Signed, W. Cory. Endorsed, Reed. 15th, Read
19th June, 1730. If pp. [C.O. 5, 871. ff. 118, USv., U9v.]
June 4. 270. Petition of Representatives of New Jersey to the
King. Wee your Majesty's most loyall and dutifull subjects
etc., by the early care your Majesty has been pleased to shew
for the general benefit of all your people, are animated to
beleive, that nothing which may contribute to the advantage
and prosperity of this (tho' small and distant) part of your
dominions, will be denied us etc. Wee humbly apprehend it
would much more conduce to the benefit of this Province, and
be no prejudice to that of New York, were there Governours,
as are the Governments distinct. It is a peculiar happiness
many of our fellow subjects enjoy, to be near your royall person
and to pertake of the immediate influence of so good a Govern-
ment ; but since our distance deprives us of that great benefit,
it might (wee humbly hope) in some degree be recompens'd,
by having a person cloath'd with your Majesty's authority
constantly residing amongst us. This wee cannot expect
whilst under the same Governour with New York, that Gover-
nment necessarily taken up so much of our Governour's time,
that but a small part of it can fall to our share : and his residence
being chiefly there, renders application to him from hence, on
ordinary occasions difficult, and in extraordinary (however
willing) he may be unable to releive, untill the affairs of that
Province will permitt his coming into New Jersey. Under the
like difficulty? (and for the like reason) we have laboured in
respect to our principall officers who have formerly been
inhabitants of that colony, which not only renders them less
usefull in their severall stations, but by spending their sallarys
there, drain'd us of money which would otherwise have circulate
amongst us. Our having the same Governour with the Colony
of New York, at first, was (as wee humbly conceive) because
this Province was then in its infancy, the inhabitants few, and
it might justly have been thought too heavy a burden to main-
tain a Governour of our own, but since wee are now much more
numerous, and are as able and willing to support one, as divers
of our neighbouring colonies who enjoy that benefit, wee are
humbly of opinion, the granting this colony such a Governour,
might tend to encrease our wealth and put us in a condition
to emulate our neighbours in trade and navigation. Wee
intreat your Majesty to beleive, that nothing wee here say
proceeds from any dissatisfaction to our present Governour ;
on the contrary, wee are very well pleased with his government
and desire it may continue during your royall pleasure, but all
wee humbly ask is, that when your Majesty shall think fitt to
132
COLONIAL PAPERS.
1730.
June 4.
June 4.
Whitehall.
June 5.
Whitehall.
June 5.
Boston.
put a period to his government, you will then graciously con-
descend to bestow a distinct Governour on this your Colony
of New Jersey. That your Majesty may long live to enjoy
the Crown you wear with ease and delight, exceeding in honour
your illustrious ancestors ; that when you part with an earthly
diadem, it may be to receive a crown more permanent and
glorious ; and, that Great Brittain and these Dominions may
be always happy in a Soveraign, whose virtues are so con-
spicuous (as in duty we are bound) shall be the prayers of your
most dutifull and most loyall subjects etc. By Order of the
House, Signed, John Kinsey jr., Speaker. Divers of the
Members of this Assembly being of the people called Quakers
concurr to the matter and substance of this address but make
some exceptions to the stile. 1 large folded p. [C.O. 5, 983.
/. 18.]
271. Mr. Popple to Mr. Fane. My Lords Commissrs.
for Trade and Plantations having received a petition from the
Merchants trading to South Carolina, relating to the laws of
that Province, for the execution of justice, I am commanded
to send you a copy of their Petition, as also the publick acts
of that Province from August 1721, to the present time, which
any ways relate thereto, and to desire your opinion in point
of law, whether any of the said Acts are lyable to the objections
raised by the merchants thereto. [C.O. 5, 400. p. 280.]
272. Same to Same. Encloses Charter to the Lords
Proprietrs. of Carolina, and desires his opinion whether according
to that Charter any grant from the Lords Proprietors be valid,
unless signed by them all, under their Common Seal. [C.O. 5,
400.]
273. Same to Mr. Attorney General. Refers to letter of
March 18 and asks for return of papers sent therewith. [C.O.
5, 400. pp. 281, 282.]
274. Col. Dunbar to Mr. Popple. Has little to add to his
letter of 25th May etc. Continues : On the 27th of May the
Genii. Court met near this town to elect 28 Councillers according
to the annual custome, when by a party made beforehand 8
of the old ones were left out, Gentlemen of ye best distinction
in ye country, but they were those who shewed a due regard
to H.M. instructions to his Governours, wch. was their crime,
and they are turn'd out because they stunk of ye prerogative
and a great number of the electors were for voteing them out
of all employments, several of them being Judges of the Courts
of Law. At the late election of Members for this toune, wch.
in imitation of London send 4, one Mr. Cradock an English
merchant and a churchman, sett up for one, the town was much
AMERICA AND WEST INDIES.
133
1730.
alarmd at it, crying popery was comeing in upon them like a
torrent and they were to be devour'd by the scarlet whore,
such is their respect to the Church of England. It is impossible
for any Englishman or Churchman ever to come into their
House of Representatives whilst the elections are managed as
at present, they are made by a town meeting, and they governd
by a Moderator for that day, from whom there is no appeal,
Doctor Cook was Moderator, and also one of the candidates,
he refused some votes and scrutinized others well qualifyed,
but passed all who voted against Mr. Craddock, and there is
noe precedent where an election was controverted in the House,
nor any hopes there for a churchman, etc. Concludes .* I have
had notice of more complaints against me, I know not ye
particulars, but am sure they are all levelled at the new settle-
ment, and I am sure they can say no more with truth, than
my own acknowledgments in all my letters etc. Signed, David
Dunbar. Endorsed, Reed. 2nd July, Read 28th Oct. 1730.
Holograph. 2 pp. [C.O. 5, 871. ff. 182, 1820., 183i;.]
June 5. 275. Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. Encloses following, " which you will please to
consider, and to give it such countenance and encouragement,
as it shall appear to you to deserve." Signed, Holies Newcastle.
Endorsed, Reed. 5th, Read llth June, 1730. f p. Enclosed,
275 i. T. Lowndes to the Duke of Newcastle, 2nd June,
1730. Encloses following, " by a partner with Mr.
Wragg." Continues : Some of the best merchants
of the Citty of London are now fully convinced that
great quantitys of right good pott ash can be made
to profitt in our American Plantations, and in a few
months there will be some tons of that valuable com-
modity imported hither from Carolina." Signed, Tho.
Lowndes. Holograph. 2 pp. Enclosed,
275. ii. Richard Lambton to Thomas Lowndes. May 16,
1730. A noted Soapboyler, who has tryed the hogs-
head of pott ash, that came some time since from
Carolina, has owned that it is as good as the East Country
in all respects but colour etc. Signed, Richd. Lambton.
Copy, f p. [C.O. 5, 361. ff. 115, 116-117, 1200.]
June 5. 276. Council of Trade and Plantations to the King.
Whitehall. Recommend William Hayman for the Council of Jamaica in
place of Mr. Swymmer deed. [C.O. 138, 17. pp. 289, 290.]
June 7.
Harefleld.
277. Mr. Pulteney to Mr. Popple. Reply to No. 266. Cannot
supply the information required as his papers are in town, and
what he collected on that subject was chiefly from the books in
the office etc. Signed, D. Pulteney. Endorsed, Reed., Read 9th
June, 1730. 1 p. [C.O. 28, 21. ff. 68, 69u.]
134 COLONIAL PAPERS.
1730.
[June 8]. 278. Governor Johnson to the Council of Trade and
Plantations. Suggestions on the draught of his Instructions.
Hopes to be allowed house-rent etc. Endorsed, Reed. 8th,
Read 9th June, 1730. 2| pp. [C.O. 5, 361. ff. 109-llOu.]
June 9. 279. Mr. Fane to the Council of Trade and Plantations.
In reply to 4th June, is of opinion that no grant will be valid
unless it is under the hands and seal of all the Proprietors, for
the powers given to them are joint, and cannot be legally
executed without the express consent of the whole etc. Signed,
Fran. Fane. Endorsed, Reed., Read 9th June, 1730. f p.
[C.O. 5, 361. ff. Ill, 112t>.]
June 9. 280. Galfridus Gray to the Council of Trade and Plantations.
By the late Treaty of Peace with Spain we are told, that all
the British damages which we have received by the Spaniards
since the solemn Peace of Utrecht, will by agreement have
reparation, and whereas many men may only concern them-
selves in fully setting forth their own damages etc., I shall omit
my own (of which I gave your Lordship a hint in 1723) and
here only set forth a great national damage done by the
Spaniards in taking the Bay of Campeachy from us soon after
ye abovesaid Treaty etc. Our right to that place is evident by
your report to the House of Commons etc. As to my long and
personal acquaintance with many of the American countries,
let what I have laid before your Lordships with respect to
several national advantages that way, justifie it. I shall only
say, as elsewhere, that I have known America near 40 years etc.
Has been assured by some of his acquaintance present at the
time that 60 sail of English ships were then taken by the
Spaniards. Refers for corroboration to p. 33 in the treatise
called Remarks on the letters of the Spanish Ministers, published
1727 etc. To obviate an objection that myght be made by some
that are not acquainted with the methods of loading ships in
some of the American countries ; say such, why wou'd 60
English ships be taken, had they not men enough to defend
themselves ? To this I answer, in Virginia and Maryland etc.,
their ships lie in rivers where there is not any house near them,
and fastned by their cables to trees ; in Campeachy the ships
ride at anchor by a little island called Treist, at the enterance
of that Bay, and the logwood which they goe thither to load,
some of it may be cut the best part of 100 miles up the country ;
In Virginia etc. they fetch some tobaccoes 200 miles, also many
time they have only a man and boy left on board a ship of 400
tons, except when a sloop comes on board with tobacco, and no
sooner unloaden but they are gone again. So it is in the Bay
of Campeachy, they fetch their logwood in boats etc., so that
the men belonging to the ships, they were gone up the country
up in the woods which the Spaniards knew, also we knew that
AMERICA AND WEST INDIES. 135
1730.
we had no fortification to defend the ships. Your Lordships
know that the logwood trade must be a great advantage to the
Nation, both to the Crown and subjects, it was wholly in our
hands, it paid 4/. per tun duty to the King, and altho' the
common price in the Bay was 51. per tun, the merchant had a
sufficient profit, it sold for 13 sometimes up to 18 or 201. per
tun ; that it was a great advantage is evident by the risques
run to get it, since the bay have been taken from us, contrary
to Treaty ; By so late an account, as the 26th of last month,
we are told in the daily Post Boy, 14 more of our ships are taken
by them ; also in the same paper, it is said, that the Spaniard
had taken another belonging to New England, and cut all that
sloop's Company to peices in cold blood, only the cabin boy
escaped, this is not a singular instance, but a late one. My
Lords, such are injuries done to a Nation which in the time of
it, have been able to drive them every Spaniard out of those
seas or any other that dared to affront us : why we thus suffer
I know not ; I have been taken by them at an English island,
and carried to and put a shore on a desolate island without an
ounce of victuals, where I lived miserably 13 weeks and 2 days
before I gott off etc. Refers to clause in Treaty of Utrecht etc.
Continues : We are the only Nation that the Spaniards thus
use, the French have taken upon them near if not full three
parts of their great island Hispaniola, and the Dutch an island
80 miles up the Gulf of Venezuela, which are the two chief
places of trade these nations have in America, yet we must
suffer 20 times as much as both when we are 20 times better
able to resent it etc. I humbly hope your Lordships will please
to pardon any warm expression ; I have felt their inhumane
treatment etc. Estimates the damage done by the Bay of
Campeachy being thus unlawfully taken from us at 1,239,OOOZ.,
besides the value of the ships since taken, amounting to about
the same sum etc. " This damage is of more value than all
the Navy of Spain." Concludes : America rightly considered
and improved is the country that might be of the very greatest
consequence both as to trade and power. Profits in trade your
Lordships know is the support of power, then the more trade
any nation has or gets from us or we from them, so much is the
alteration in power and trade. Both of which may be very
much altered in the American parts of the world, and in a very
little time, as I cou'd shew how, if it were desirably requested.
Signed, Galfridus Gray. Copy. 7 pp. [C.O. 388, 89. ff.
182-185.]
June 10. 281. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
136 COLONIAL PAPERS.
1730.
281. i. Same to the King. In obedience to command of
22nd Nov. last, have prepared Instructions for
Governor Johnson etc. Continue : We take leave
humbly to represent to Your Majesty, that the
appointment of the late Govr. having been only
provisional, his Instructions were not so full as those
of other Governors : but Your Majesty having since
that appointment been pleased to purchase the
Sovereignty of this Province, with seven eighth parts
of the land thereof, we think it for Your Majesty's
service that Col. Johnson shou'd be as amply instructed
as Your Majesty's other Governors in America are,
and therefore have inserted in the enclosed draught
all such Instructions, as are usually given to other
Governors, where the same were applicable to the
present circumstances of this Province, taking notice
in this report of such alterations as we have made
therein. In the first Article we have added the
names of Thos. Brought, Jno. Fenwick, Jos. Wragg,
Thos. Waring, and Jno. Hammerton Esqrs., in the
room of Thos. Smith, Jos. Morton, Wm. Gibbon,
Cha. Hart and Ben. de la Conseillere Esqrs. Your
Majesty having been pleased to purchase seven eighth
parts of the arrears of Quit rent due from the possessors
of land in Carolina, we think it will be for your
Majesty's service, considering the circumstances of
this Province that you should be graciously pleased
to remit the same upon the conditions following vizt :
1st That the Assembly do pass an act for repealing
one formerly consented to by the Lords Proprietors
to ascertain the prices of land etc., for should this act
continue in force, your Majty. would not only be
prevented from disposing of your land in the most
advantageous manner for your service, but ye value
of your quit rents would greatly depend upon the
people ; for by the sd. act the quit rents are made
payable in the produce of the country at a price to
be fixed by three persons nominated by the Govr.
and Council and 3 by the Assembly. 2dly. That all
the possessors of land, do register their grants, that
your Majty. may be inform'd thereof, and of the
quit rents reserved thereon, and 3rdly That they
do pay such quit rents for the future in Proclamation
money, and therefore we have prepared the 19th
Instruction accordingly. There is an act subsisting
in this Province etc. for catting in and sinking the paper
bills, and part of the duties arising from the said act
are at present applicable to ye paying of certain bills
of credit now current in the said Province. But the
AMERICA AND WEST INDIES. 137
1730.
planters and merchants trading to South Carolina
have represented to this Board, the necessity there is
of applying such part of the said duties for the term
of seven years to ye charge of surveying and laying
out townships, and to the purchasing of tools, pro-
visions and other necessaries for any poor Protests,
that shall be willing to settle there, and we have
prepared the 20th Instruction for that purpose, being
of opinion, that this appropriation may be a great
incouragement to the more speedy and effectual
settling of this Province. There being no money
current in this Province but paper bills, and those at
a very great discount, and the planters and merchants
having represented to us the absolute necessity there
is of having some paper mony current there to serve
as a medium of trade, we have prepared the 21st
32nd articles, whereby we have endeavoured not only
to remedy the inconveniences commonly attending
a paper currency, but have prescribed a method of
calling in and cancelling the bills now current without
prejudice either to the planters or merchants. The
experience we have had of the good effect of a scheme
of this nature in New Jersey has inclined us to propose
this ; to which may be added that a due execution
of such a scheme would in time give the Province
ease by sufficiently providing for the current expence
by the intrest arising from these new bills, without
burthening ye people with any taxes. In the 38th
Article directing the Governor to take care that fair
books of accounts of all receipts and payments of
publick mony, be duly kept, we have inserted the
following words : " And that all such accounts be
audited and attested by Our Auditor General of the
Plantations or his Deputy, who is to transmit copies
thereof." The usual manner of granting lands by
the Lords Proprietors of late years, was to receive a
fine of 20/. and reserve a quit rent of 105. for each
1000 acres : But we conceive it may be more for your
Majesty's service to make an augmentation in the quit
rents, in lieu of that fine, and have therefore prepared
the 58th Instruction, directing the Governor to reserve
a quit rent of 4>s. pr. 100 acres in all grants to be made
for the future. We have inserted the 53rd 56th Arti-
cles, in relation to the grants of lands already made as
well as for regulating such as shall be made for the future,
and for the settling of townships, on such places as
we thought proper for your Majesty's service and the
good of the Province. We have added the 57th
Article to incourage the importation of white people,
138 COLONIAL PAPERS.
1730.
the black bearing at present too great a population
to the number of whites. Your Majesty has already
been pleased to give Instructions of the like nature
to the Governors of Virginia and Jamaica. We have
inserted the 63rd Instruction, that your Majesty may
be the better informed of such offices and places as
were granted by the late Lords Proprietors under their
common Seal before 1st Jan. 172f, and for which
there was an express saving in the Act of Parliament
for establishing an agreement with seven of the Lords
Proprietors etc. The fort of Alatamaha, which we
conceive to be of much importance to your Majesty's
possessions in this Province, having been neglected,
we have inserted the 117th Article, that the same may
be immediately repaired, and a detachment of your
Majesty's Independant Company constantly kept
there. There having been disputes between the two
Provinces of South and North Carolina, in relation
to ye boundary line between them, we take leave to
propose that the line be run according to the 121st
Article. We have inserted the 125th Article at the
request of the merchants trading to South Carolina
etc. We have made no other additions or alterations
in these Instructions nor in those which relate to the
Acts of Trade, than such as your Majesty has already
been pleased to approve in former Instructions to
your other Governors in America.
281. ii. H.M. Instructions to Robert Johnson, Governor of
S. Carolina. 124 Articles, as described in preceding.
Article xix. Whereas We have been at a considerable
charge in purchasing the Sovereignty of the Provinces
of South and North Carolina, together with seven
eigths parts of the land thereof, from the late Lords
Proprietors, and have actually paid them in con-
sideration of seven eigths parts of quit rents only,
alledged to be due and in arrear to them from the
inhabitants of Our said Provinces the sum of 5000Z.,
Now as a farther mark of Our royal bounty and
fatherly indulgence to Our people under your Govern-
ment, We do hereby impower you to give your assent
to a law for remitting the said arrears, provided the
Assembly do by the same law repeal the act to ascertain
the prices of land etc., and do thereby provide that all
possessn. of land in Our Province under your Govern-
ment do forthwith register the respective grants by
which they claim such lands, in the office of Our
Auditor General or his Deputy, a copy of which register,
and of all grants to be made for the future you are to send
to Us and to our Commissioners for Trade etc., and
AMERICA AND WEST INDIES. 139
1730.
that every person possessing land in the sd. Province,
by virtue of any grant from the late Lords Proprietors,
do for the future pay to Us, Our heirs and successors,
the annual quit rents reserved upon such grants
respectively in Proclamation money. Article XX.
And whereas there is at present a certain act in force
for calling in and sinking the paper bills, and part of
the produce of the duties imposed by the said act is
applicable for and towards the discharging and sinking
of the bills of credit now current, and it hath been
represented to Us, that it would be a great encourage-
ment for the more speedy and effectual settling of
Our said Province if the Assembly were permitted
for the space of seven years to apply the produce of
such revenue arising from that act as are now appro-
priated to the discharge of the old bills of credit to
the charge of surveying and laying out townships,
and to ye purchasing of tools, provisions and other
necessaries for any poor Protestants that shall be
desirous to settle in Our said Province : We are
graciously pleased to comply with the request of the
planters and merchants in this particular, and you
are hereby empower'd to give your assent to a clause
in some act for suspending the first design of the
aforementioned act, and for applying the said sinking
fund for the space of seven years to the purposes
aforesaid. Provided always that the Assembly do
pass an effectual law to answer the purposes of the
foregoing Instruction for registering of grants and
regulating the future payment of quit rents in the
manner therein directed, and that the clause for this
suspension be made part of the same law. But you
are to take care that a particular and distinct account
be kept of the mony so apply'd by an Officer to be
by you appointed for that purpose, who shall annually
transmit the same attested by you to the Commis-
sioners of Our Treasury etc. and to Our Commissioners
for Trade etc., and which accounts shall be first audited
by Our Auditor General of Our Plantations, or his
Deputy etc. Article xxi. But whereas great incon-
veniencies have heretofore happen'd in So. Carolina
from the issuing of large sums of paper money without
sufficient funds for the gradual repaying and cancelling
the same ; and whereas several persons as well
merchants as planters have lately represented to Us
the absolute necessity that some paper mony should
be allowed to have a currency in Our said Province,
under proper regulations, as well for carrying on the
annual services of Our Government there, as for daily
140 COLONIAL PAPERS.
1730.
circulation of trade amongst the inhabitants. Now
being desirous to promote the welfare of the people
under your Government, We have thought fit, and
do hereby empower you to give your assent to an
act or acts for the establishing a new paper currency
upon such a foot as may best answer the necessities
of the Province, and be most conducive to the publick
utility thereof. But you are to take care that a clause
be therein inserted to suspend the execution thereof,
until Our Royal pleasure shall be known thereupon.
Article xlii. And whereas great inconveniencies have
arisen in many of Our Colonies in America, from the
granting excessive quantities of land to particular
persons, which they have never cultivated ; and
have thereby prevented and others more industrious
from improving the same, more particularly in S.
Carolina, where several persons claim a right to many
thousand acres, which they have not yet taken up,
You are hereby directed to recommend to the Assembly
etc. to pass an act or acts, whereby the owners of all
lands already granted by the late Lds. Proprietors
shall be obliged within a reasonable time to take
possession of and cultivate the lands by them claim'd
on penalty of forfeiture of such right of claim, and to
prevent the like inconvenience for the future in all
grants of land to be made by you by and with the
advice and consent of Our Council you are to take
especial care that no grants be made to any person
but in proportion to his ability to cultivate the same,
and that proper clauses be inserted for vacating the
said grants on failure of cultivation or payment of ye
quit rents reserved thereon. And as ye most probable
measure for your judgement in this particular will be
to proportion the quantity of land to the number of
persons and slaves in each grantee's family : you
are hereby directed not to grant to any person more
than 50 acres for every white or black man, woman
or child of which the grantee's family shall consist at
the time the grant shall be made. But in the laying
out of all lands for the future where such lands shall
be contiguous to rivers you are to take care that not
above \ part of the land granted shall border upon the
river, that is to say, there shall be four chains in depth
backwards to every chain in front upon the said river
respectively, and so in proportion for any larger
quantity, and that a free passage to and from the
said river be reserved for the use of all H.M. subjects.
(Diagram annexed). Article xliii. Whereas it has
been found by long experience in Our Provinces of
AMERICA AND WEST INDIES. 141
1730.
New Hampshire and the Massachusetts Bay, that
ye settling of such persons as were disposed to become
planters there in townships hath redounded very much
to their advantage ; not only with respect to ye
assistance they have been able to afford each other
in their civil concerns, but likewise with regard to the
security they have thereby acquired agt. ye insults
and incursions of ye neighbouring Indians. We have
thought it for Our service, and you are hereby required
to mark out and set apart eleven townships in Our
Province on ye banks of rivers, at sixty miles distance
from Charles Town, that is to say, 2 townships upon
ye river Alatamahama, 2 on ye Savana river, 1 on
the head of Ponpon river, 2 on Santee river, 1 on
Watry river, 1 on Black river, 1 on Peedee river,
and 1 on Wacomace river. It is Our will and pleasure
that each of these townships do consist of 20,000 acres
of land to be laid out in square plats of ground, one
side thereof to front ye respective rivers, on which they
shall be settled. In each of these townships, you
shall mark out a proper place for ye situation of a
town contiguous to the river where ye township lyes,
to consist of so many lots, and each lot of such quantity
of land as you shall judge convenient, and to each
inhabitant at their first settling there, besides there
respective town lots, you shall grant 50 acres part of
ye abovementioned 20,000, for evry man, woman or
child, of which ye grantee's family shall consist ;
which grants shall be augmented from time to time,
as ye abilities of ye respective inhabitants shall render
them capable of cultivating more lands, always taking
care to proportion ye profitable and unprofitable
land in such manner, that every grantee by ye situation
of his land may reap equal advantage, of access to ye
river to wch. ye township shall be contiguous ; and
to ye intent, that land near ye sd. township may not
be wanting for ye convenience of ye inhabitants as
their substance shall increase, no person except ye
inhabitants shall be allow'd to take up any lands
within six miles of ye sd. townships respectively to
wch. ye sd. townships shall be contiguous. Article
xliv. It is Our further will and pleasure, that each of
these townships, together with all lands on ye same
side of ye river lying within six miles of ye sd. town-
ship respectively, be erected into a distinct parish,
and that when any of the intended parishes shall have
100 householders, they be entituled to send two
members to Our Assembly, and to enjoy all such other
privileges as do of right, and common usage belong to
142 COLONIAL PAPERS.
1730.
other parishes, in Our said Province. Article xlv.
And as a farther encouragement to such persons as
shall [be] dispos'd to settle in these townships, We are
graciously pleas'd to allow ye inhabitants thereof a
right of common and herbage, in and through all
such lands contain'd within ye extent of ye sd. town-
ships respectively as shall not be taken up by particular
grants made to ye sd. inhabitants. And that a
quantity of land not exceeding 300 acres contiguous
to ye sd. town shall be set apart for a common in
perpetuity to each of ye said towns, free from quit
rent. And it is Our will and pleasure that you do
with all convenient speed lay out these townships,
and that no person claiming a right to take up land
in South Carolina by former grants from ye late Lds.
Proprietors, be allow'd to take up lands within six
miles of these townships by virtue of such grants.
Article xlvi. And whereas We have been informed
that the number of white men in Our said Province
bears so small a proportion to that of ye blacks, which
is not only a hindrance to ye peopling and settling
the same, but may be also of dangerous consequence
from ye attempts of an enemy and even from an
insurrection of ye negroes. It is Our will and pleasure
that you recommend in the strongest terms to ye
Assembly that they pass an act giving suitable
encouragement to all who shall import servants into
the Province, either men or women ; and as an
encouragement for white servants to go thither, We
are graciously pleased to allow you to grant fifty acres
of land free of quit rent for ten years to all white
servants men, or women, who shall have served their
masters ye whole time of their agreement, and shall
be willing afterwards to become planters or settlers
in the sd. Province. Article xlvii. And whereas by
Our Commission, you are impowered to settle and
agree, by and with the advice and consent of Our Council,
with ye inhabitants of Our said Province for such
lands and tenements and hereditaments as now are
or hereafter shall be in Our power to dispose of them
to grant to any person or persons upon such terms,
and under such moderate quit rents services and
acknowledgements, to be thereon reserved unto Us,
as you by ye advice aforesaid shall think fit. It is
nevertheless Our will and pleasure that you do
not make any grants of lands to any person whatsoever
under a less quit rent than four shillings Proclamation
money for every hundred acres, except for ye first ten
years to white servants etc., and the like term for
AMERICA AND WEST INDIES. 143
1730.
those who shall undertake to settle the eleven fore-
mentioned townships or any of them. Article xci.
And whereas there is great reason to believe that ye
Indians on ye Frontiers of South Carolina who have
of late years fallen off from ye British interest there,
have been in some measure provok'd thereto, by ye
injustice and ill usage, which they have rece'd from
our subjects in your Government ; and it being highly
necessary for ye welfare of Carolina that a good under-
standing shou'd be maintained with ye Indian nations,
as well for ye promoting of trade, as for ye security
of ye frontiers of yor. Government. You are hereby
particularly enjoyned to use all possible ways and
means for regaining the affections of ye sd. Indians
to preserve a good correspondence with such of them
as remain faithfull to our interest, but especially with
ye Cherikee Indians inhabiting ye mountains on ye
north-west side of yr. sd. Province of South Carolina ;
and you are likewise hereby directed to recommend
in your strongest terms to ye Indian traders to be
just and reasonable in their dealing, with ye native
Indians, and likewise to propose to ye Assembly, if
you and our Council there shall judge it necessary
to pass one or more laws for ye better regulation of
ye sd. Indian trade and for ye incouragement and
protection of such Indians as shall adhere to our
intrest. Article cvi. Whereas We have been in-
formed that our fort at Alatamahamah hath been
deserted, and that the detachment of Independent
Company appointed to guard the same, is retir'd to
Port Royal. It is Our will and pleasure, that you
do forthwith detach a sufficient number of men from
our said Independent Company to keep constant
guard at ye sd. fort. But if upon enquiry you shall
find ye sd. fort demolis'd or you doe conceive that
a fort might be erected in any other place more health-
ful and equally sufficient [sic.] the embouchuer and
navigation of ye river Alatamahama, you are hereby
empowered to alter the situation thereof but in all
events, you are to take effectual care that a fort be
repaired or erected, and always kept in sufficient
repair, capable to answer the aforementioned purpose,
for securing ye navigation of ye said river, (cite.)
You shall transmit unto Us, and to Our Commissioners
for Trade and Plantations by ye first oppertunity a
map, with an exact description of the whole Province
under your Government, with ye several plantations
upon it, and of ye fortifications ; and as also,
of the bordering Spanish and Indian settle-
144 COLONIAL PAPERS.
1730.
ments. (ex.] And in order to prevent any disputes
that may arise abt. ye Northern boundaries of Our
Province under your government, We are graciously
pleased to signify Our pleasure, that a line shall be
run (by Commrs. appointed by each Province)
beginning at ye sea 30 miles distant from ye mouth
of Cape Fear river on ye south-west thereof, keping
the same distance from ye said river as ye course
thereof runs, to ye main source or head thereof ; and
from thence the said boundary line shall be continued
due west, as far as ye South Seas ; But if Waggaman
river lyes within 30 mile of Cape Fear river, than
(? then) that river to be ye boundary, from ye sea
to ye head thereof, and from thence to keep ye
distance of 30 miles parralel from Cape Fear river to
ye head thereof, and from thence a due west course
to ye South Sea. (cxiv.} Whereas several merchants
of Great Britain trading to South Carolina have com-
plained that by certain acts now in force etc. duties
are imposed upon negroes imported there, and made
payable by the importer, to ye discouragemt. of ye
said trade, and have desired the sd. duties may for
ye future be made payable by the purchasers and not
by ye importer, submitting nevertheless that the
importer of his factor shall be security to ye publick
for repaymt. of ye said duty, in case of ye purchaser's
failure, It is Our will and pleasure that you endeavour
to get a law pass'd for explaining and altering the
laws for collecting of ye sd. duties on negroes agreeable
to the desire of ye merchants, (cxxii.) You are like-
wise from time to time to give unto Us and Our
Commissioners for Trade and Plantations an account
of ye wants and defects of Our said Province, what
are the chief products thereof, what new improvements
are made therein by ye industry of ye inhabitants or
planters, and what further improvements you conceive
may be made, or advantages gained by trade, and
which way We may contribute thereunto, (cxxiii.)
If anything shall happen which may be of advantage
and security of Our sd. Province, which is not herein
or by Our Commission provided for ; We hereby allow
unto you, with ye advice and consent of Our sd.
Council, to take order for ye present therein, giving
unto Us, by one of Our principal Secretaries of State,
and to Our sd. Commissioners for Trade and Planta-
tions speedy notice thereof, that so you may receive
Our ratification thereof if We shall approve of the
same, provided always that you do not by colour of
any power or authority hereby given you commence
AMERICA AND WEST INDIES.
145
1730.
June 11.
Barbados.
June 11.
Windsor.
June 12.
Whitehall.
or declare war, without Our knowledge, or particular
commands therein, except it be against Indians upon
emergencies wherein the consent of Our Council shall
be had and speedy notice given thereof to Us as
aforsaid etc. [C.O. 5, 400. pp. 283-376].
282. Mr. Lascelles, Collector of Customs, Barbados, to
Horatio Walpole. My brother having acquainted me that
your Excellency was willing to know what number of French
inhabitants were on Santa Lucia, what they did there, and how
they were governed, etc. I am informed, by persons here who
frequently go to that island etc. that there are now about 140
familys of French subjects settled there who live but poorly.
Each family has cleared away the woods round their houses,
and live by planting cotton, yams and potatoes, or cutting of
wood, there is but one family that has hitherto planted any
sugar canes, of which they have made no other use, than to
make cool drink of ; They are believed and understood to have
permissions from the Governor of Martinique, tho' very few
of them care to own ; and the Governor of Martinique often
sends over an Officer to muster them, as to the rest, there seems
to be no Government among them etc. Extract. Endorsed,
Reed., Read 20th Oct., 1730. 1J pp. [C.O. 28, 21. ff. 114,
283. Order of King in Council. Appointing William
Hayman to the Council of Jamaica as recommended 5th June.
Signed, W. Gary. Endorsed, Reed. , Read 10th Nov.,
1730. 1 p. [C.O. 137, 18. ff. 118, 119*;. ; and 5, 21. /. 11.]
284. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Auto-
graph signatures. 1 p. Enclosed,
284. i. Same to the King. In order to make such a return
as your Majesty might reasonably expect (in reply to
Nov. 12, 1729), it was necessary for us to wait Capt.
Osborn's return from Newfoundland, since which we
have had several opportunities of discoursing with
him and with ye Lord Vere Beauclerk, Commodore
of the Squadron etc. We find that he has faithfully
discharged the trust reposed in him by your Majesty,
by dividing that island into proper districts, and
appointing, in each of them, Justices and other Officers,
in order to keep the Peace there. The Lord Vere and
Capt. Osborn, being again returned to that Island,
we shall soon expect from them an account how these
new Justices have acted during the winter, and in
what manner the inhabitants have submitted to their
directions ; But till we shall receive this account we
C.P. XXXVII 10
146 COLONIAL PAPERS.
1780.
cannot effectually obey your Majesty's last orders,
by representing that further directions are necessary
to be given to Capt. Osborn. Autograph signatures.
2 pp. [C.O. 194, 23. Nos. 39, 39 i. ; and 195, 7.
pp. 250-253.]
June 12. 285. Governor Hunter to the Duke of Newcastle. Acknow-
Jamaica. ledges letter of April 9th, and will do all in his power to assist
Mr. Forbes accordingly, etc. Signed, Ro. Hunter. 1 p.
[C.O. 137, 53. /. 217.]
June 13. 286. Memorial of loss and damage sustained by Thomas
Gibbs, Joseph Wakeley, Whitchurch Phippen and Henry
Parker, of Bristol, merchants, owners of the Wesibury galley
and her cargo of 169 slaves and 400 Ibs. weight of elephants'
teeth.
286. i. Deposition of Thomas Gibbs that the ship and cargo
were worth 4000Z. and that enclosed is a true account
of proceedings at their condemnation etc. London,
13th June, 1730. Thos. Gibbs. Copy. 2f pp.
286. ii. Proceedings at the trial and condemnation of above
ship and cargo in the Court of Admiralty at Santiago
de Cuba, 28th April, 1721. Copy. Spanish. 110
pp.
286. iii. Gibson Dalzell to Daniel Westcomb. St. Jago de
Cuba, 6th Nov., 1726. Encloses, as requested, above
proceedings (No. ii) to be delivered to the owners etc.
Has obtained an Order from the Royal Audience of
S. Domingo to the Governor of Santiago to recover
all remaining effects of said vessel and the value of
any of the slaves who have died in possession of an
inhabitant etc. Signed, Gibson Dalzell. Endorsed,
Reed. July 2, 1730. Copy. If pp.
286. iv. Deposition of Jabez Biglow, master of the Westbury
galley of Bristol, and John Turner, mariner, and
Thomas Gibbs, Joseph Wakley, Whitchurch Phippen
and Henry Parker, owners. Bristol, 16th Nov., 1723.
In her voyage from Bristol to Africa and thence to
Barbados and Jamaica, on 21st March, 1720, she was
boarded near Cape Artavella by a Spanish guarda
costa, the Bird, commanded by a Spaniard named
George Hughs etc. and carried to Hispaniola etc. The
Captain's real name was Rodderigo and the sloop's
Santa Cruce de Padre. Deponent had no orders to
trade with the Spaniards, and had not done so. Nor
did he break bulk or dispose of any of his cargo at
Barbados. John Turner deposed that the Spaniards
detained him, Nicholas Billett and Josiah Certain on
board their sloop, hoping that he would depose that said
AMERICA AND WEST INDIES.
147
1730.
ship did trade on the Spanish coast. One Nicholas
Brown, pilot on board the said sloop, understanding
by the men on board the Wesibury that they did
touch at Barbados, and was consigned to one Mr.
William Raymond, in case they had there discharg'd,
did forge a letter from said Raymond to Jabez Biglow
containing orders to him to trade on the coast of
Spain. At Barracoe the Captain of the Spanish sloop
offered deponent 200 pieces of eight to swear that
the ship so traded, and in case he refused, his life
should be the consequence, " but that the said Certain,
as he did believe and apprehended, was seduced by
money and threats to comply." Soon after they
arrived at Barracoe, the Governor of St. Jago de Cuba
hearing what had been done sent a messenger who
was an Indian, to Barracoe, commanding the Captain
of the sloop to bring round the Wesibury in order to
examine into the truth etc., which the Captain and
mariners refused, but divided the cargo amongst
themselves etc. Deponent and owners depose that
the Westbury never traded with the Spaniards, but
was proceeding to Jamaica etc. Signed, Jabez Biglow,
John Turner, Thomas Gibbs, Jo. Wakley, Whitchurch
Phippen, Hen. Parker. Copy. 7 pp. [C.O. 388, 89.
ff. 94, 94u., 96-97, 99-153, 154, 155-158.]
June 16. 287. A. Hutcheson to [? Mr. Delafaye}. Mr. Cotton, who
has the honour to be your countreyman, procur'd for me the
assignment of Sir John TyrrelPs propriety of Carolina, wch.
gave me an opportunity of being of some use in the agreement
between the Crown and ye proprietors, and all the return he
desires is to appoint his kinsman Mr. Wright Chiefe Justice of
S. Carolina. Mr. Wright has a grant of yt. office from the late
proprietors dureing his life, and there is a proviso in the act of
parliament, that all grants of offices from ye proprietors under
their scale shall be of the same force, they wou'd have bin if
the act had not pass'd ; and altho' this proviso may not amount
to a confirmation, it seems to give an equitable claim to the
grantees to H.M. favor etc. Believes the Duke of Newcastle
wil not deny him this favor etc. Mr. Wright is a barrister at
law upwards of 30 years. Signed, Arch. Hutcheson. If pp.
[C.O. 5, 388. ff. 24, 25.]
June 16.
Boston.
288. Col. Dunbar to Mr. Popple. I herewith send you a
decree lately made in our Court of Vice- Admiralty against His
Majesty, and the opinion of ye Advocate General upon it and
the proceedings at tryal. You see that I am bound to prosecute
ye appeal and have been obliged to the Attorney Genii, for
joyning with me in the security, so yt. I hope my Lords Com-
148 COLONIAL PAPERS.
1730.
missioners will please to give necessary orders for prosecuteing
the appeal at home. I was in hopes of sending you 2 other
decrees and appeals from New Hampshire, but I cannot find
security there for my prosecuteing them. I offer'd it to the
Judge and Register here by the Attorney Genii., but was
refused ; all the difficultys are put upon me yt are possible,
and I must be obliged to carry some person from hence 60 miles
to Portsmouth in New Hampshire to enter in ye security, wch.
already has been refused upon a power of Attorney sent thither
for that purpose. I have the pleasure to acquaint my Lords
Commissioners that on the 8th inst. I had a decree against
Dr. Cook for 2002 large logs of white pine. I will send you
that tryal etc., but my Lords will be surprised that there is
onely 100Z. 25. adjudged to H.M. for all those fine logs, wch.
is I2d. this country money for each, when they were seized 16
months agoe, they were sawed and destroyed before tryal and
my Deputy then consented to have them vallued at ye country
price, in hopes of recovering the penalty from ye offender, but
now they say the fact was committed soe long since, tho' the
cause has been depending by adjournmt., that the King cannot
now sue for the penalty. I will next week write to you more
at large upon this subject, shall now onely complain of the
great abuse committed here in intercepting letters to and fro ;
about 10 days agoe one Capt. Pittman came in here from
London, and with him one Capt. Scutt as passenger, in sorting
their letters as usual before comeing to ancher, they both
observed a great number of letters and pacqts. for me, there
were so many of them that they called them a mort of letters,
there went immediatly on board one Green a printer and a
servant of Mr. Waldoes who filled his hatt and pockets with
letters, whilst ye other brought the bag on shore, and kept it
3 hours before it was brought to ye Office, and out of all the
letters I reed, but 4 single private letters. I have consulted
ye Advocate and Attorny Genii, upon this abuse, and both
tell me there is no remedy, for ye people cannot be compelled
to swear against themselves and if I could prove it, there is no
penalty, but to sue for damages for letters unknown etc.
Nothing less than an Act of Parliament can regulate this affair
so as to prevent ye future abuse, wch. would add to the revenue
of ye post both here and in England considerably. P.S. Mr.
Green says that Waldo's young man, one Salter, was
rumougeing the letters when he went on board. Signed, David
Dunbar. Endorsed, Reed. 23rd July, Read 22nd Oct., 1730.
3 pp. Enclosed,
288. i. Proceedings in Court of Vice-Admiralty, Boston,
9th May, 1730, in case of Col. Dunbar v. Peter Wyre,
on the information of Jeremiah Dunbar that he seized
20 logs all above 24 in diameter, which Wyre said he
cut and hauled to his mill on Royal River, This
AMERICA AND WEST INDIES. 149
1730.
evidence not being deemed sufficient, judgment was
given that the logs only should be forfeited and the
defendant pay costs. Against this decree by Nathaniel
Byfeild, Judge of the Vice Admiralty, Col. Dunbar
moved for an appeal which was allowed etc. Endorsed,
Reed. 23rd July, 1730. Copy. Signed, John Boydell,
Regr. 4 pp.
288. ii. Opinion of Advocate General upon above decree.
Boston, 12th June, 1730. The proof of defendant's
guilt was legal and sufficient, and the appeal should
be prosecuted, not so much to recover the penalties
demanded, as to set aside a decree which will otherwise
become a precedent etc. Signed, Robt. Auchmuty.
Endorsed as preceding. 5 pp. [C.O. 5, 871. ff. 165-
173, 174u.]
June 16. 289. Lt. Governor Gooch to the Duke of Newcastle. By
Virginia, the conveyance of the Greyhound man of war, who arrived here
on the 28th of May, I have the honour of your Grace's letter
of the 22nd Jan., and therewith H.M. commands concerning
the mutual restitution of ships and effects taken here
from the subjects of Great Britain and Spain, of which I
have caused due publication to be made. And tho' there has
been no Spanish prizes brought hither during the late war,
yet as some of the Virginia vessels have been taken by the
Spaniards no doubt the owners will gladly pursue the means
prescribed by the Treaty of Seville for obtaining reparation.
The General Assembly which mett on the 21st of May, still
continue their session, and having already prepared some bills
which I recommended to them, are now imployed in the Lower
House in framing a law for regulating the tobacco trade upon
the plan I had the honour to communicate to your Grace last
year in which they have made a considerable progress etc.
Encloses copies of his Speech and the Addresses, " by which
your Grace will be informed of the chief affairs now under
deliberation, and of the good harmony there is between me and
them, which I shall not faile to improve for H.M. service."
Signed, William Gooch. Endorsed, R. 29th July. Holograph.
1 p. Enclosed,
289. i. Address of Council in Assembly of Virginia to Lt.
Governor Gooch. Return thanks for his affectionate
Speech, and express satisfaction at his continued cai*e
for the good of the Colony ; still more eminently
displayed by his tender concern to retrieve it's
languishing trade etc., by proposing such regulations
as unite the interests of the British merchants with
theirs, and provide for the service of the Crown by
obviating those frauds which have hitherto greatly
diminished H.M. revenue of customs on our staple.
150 COLONIAL PAPERS.
1730.
His choice of a proper season for this important service
is no less conspicious when a peace with Spain is
happily concluded etc. Assure him of their hearty
concurrence in these and the other measures he has
recommended to them. It will be their constant
care to give H.M. sincere proofs of their untainted
loyalty and affection etc. Copy. 1 p.
289. ii. Address of Burgesses of Virginia to Lt. Governor
Gooch. To same effect as preceding. The Governor's
Speech in reply. Copy. 1 p.
289. iii. Speech of Lt. Governor Gooch to the Council and
Assembly of Virginia. Recommends them, upon the
occasion of the conclusion of peace with Spain, to
consider the regulation of trade and the miserable
circumstances their staple is reduced to, and submits
a scheme to them, " and since whatever acts you
prepare will have no long continuance, if they are
disagreeable to the Brittish trade, it is with great
satisfaction that I acquaint you, the scheme I now
recommend has been already approved at home etc.
Our Maryland neighbours appear strongly disposed
to fall into the same measure." Recommends a new
bill for limiting suits on judgments without the clauses
repugnant to the Statute of Great Britain, and an
act to punish felonious burning of tobacco houses
and robbers of stores, " practices now become very
frequent and encouraged by allowing the benefit of
clergy to such criminals, especially, since so many
transported convicts are come among us, who make
light of the punishment the law in that case inflicts."
Recommends to the Assembly payment of John
Randolph, their Agent. Praises the character and
and conduct of the Sovereign etc. Copy. 3| pp.
289. iv. Address of the Council and Burgesses of Virginia.
Duplicate (without signature] of July 24 encl. i. to
D. of N. Copy. 1 p. [C.O. 5, 1337. Nos. 48, 48 i.-iv.]
June 19. 290. Mr. Popple to Mr. Fane. Requests opinion on Act
Whitehall, of Pennsylvania for establishing courts as soon as possible, etc.
[C.O. 5, 1294. p. 11.]
June 19. 291. H.M. Warrant appointing William Hayman to the
Windsor Council of Jamaica, in the room of Anthony Swymmer deed.
Countersigned, Holies Newcastle. [C.O. 324, 36. p. 220.]
292> H ' M - Warrant granting Ralph Gulston leave to fell
Castle. trees in New England in pursuance of his contract with the
AMERICA AND WEST INDIES.
151
1730.
June 23.
Windsor
Castle.
June 23.
Windsor
Castle.
Navy Board to supply eight shiploads of New England masts
certain, and ten if required in 1731-35 annually, etc. Annexed,
292. i. Copy of Contract between H.M. Commissioners of
the Navy and Ralph Gulston, 24th Sept., 1729, referred
to in preceding. [C.O. 324, 36. pp. 221-232.]
293. Duke of Newcastle to the Council of Trade and
Plantations. His Majesty being desirous to have an exact
state of all his Colonies and Plantations in America with such
observations upon it as your Lordps. shall judge to be for H.M.
service, has commanded me to acquaint your Lordps., with
H.M. pleasure that you should prepare a representation, to be
laid before him for that purpose ; in which you will particularly
take notice of the use that the Bahama Islands and South
Carolina may be of, to the trade and security of H.M. subjects
in those parts. You will please to let this representation be
got ready as soon as possible, that no time may be lost in giving
such orders upon it, as H.M. shall think proper. Signed, Holies
Newcastle. Endorsed, Reed. 26th, Read 30th June, 1730.
1 p. [C.O. 323, 9. ff 43, 44 v.]
294. Duke of Newcastle to the Council of Trade and
Plantations. Encloses draught of Instructions for Commissaries
appointed in pursuance of Treaty of Seville for their suggestions
for additions or alterations. Continues : You will observe
that by these instructions the Commissarys are referred to you
for information upon several points etc., and accordingly when
they were first appointed, I acquainted you with H.M. pleasure,
that you should instruct them upon those heads, and give them
all the lights and informations you could for the better enabling
them to execute their commission, which if you have not already
done, you will be pleased to dispatch them, as soon as con-
veniently you can, or transmit them to me to be laid before
the King, that if H.M. approves of them, they may make part
of the Instructions. Signed, Holies Newcastle. Endorsed,
Reed. 26th, Read 30th June, 1730. 1| pp. Enclosed,
294. i. Instructions for Benjamin Keene, Arthur Stert, and
John Goddard, Commissarys appointed to treat with
those appointed by the King of Spain etc. (i) You are
to see that the Commission of the Spanish Commissary
and Commissaries is in due form and agreeable to your
own. (ii) In pursuance of Art. vi. of the Treaty of
Seville by which Commissaries are to decide what
concerns ships and effects taken at sea, to the time
specified in Art. v., etc., you will receive from our
Minister at the Court of Spain, all papers etc. con-
taining complaints made by our subjects of the seizing
of their ships and effects at sea by the Spaniards before
the time specified, all which have been transmitted to
152 COLONIAL PAPERS.
1730.
him in order to his obtaining restitution and satis-
faction etc. Complaints hereafter received will be
transmitted to you etc. You are carefully to examine
the grounds and occasions of such seizures on both
sides, and demand or give satisfaction for the loss
sustained. (iii) Whereas by the said vith Article it
is farther stipulated that the said Commissarys shall
examine and decide according to the Treatys, the respective
pretensions which relate to the abuses that are supposed
to have been committed in commerce, as well in the Indies
as in Europe, and all other respective pretensions in
America, founded on Treatys, whether with respect to
the limits or otherwise ; We have directed Our Com-
missioners for Trade and Plantations, to draw up a
Representation of all such impositions, and hardships,
as have been put upon the trade of our subjects in any
of the King of Spain's Dominions, and to deliver the
same to you, and upon your arrival in the Court of Spain
you are to write to Our Consuls in the several ports of
that Kingdom and it's Dominions, to inquire whether
Our subjects, residing in, or trading to those ports
lye under any difficulties or oppression, contrary to
the Treatys, requiring them forthwith to send you
an account thereof etc., and settle with the Spanish
Commissarys, the manner in which they are to be
redrest, according to justice and to the Treatys; As to
those hardships and impositions that may have laid upon
Our South Sea Company, the Agent of the said Company
residing at the Court of Spain will furnish you with
an account of them, and you will accordingly state
the same to the Spanish Commissarys, and settle with
them what redress ought to be given, etc. You shall
receive, in like manner, any complaints that the
Spanish Commissarys may have to make against
Our subjects, and if they shall appear well founded,
agree that redress be given etc. (iv) As to any disputes
that may be subsisting, or that may arise, concerning
the limits of the respective Dominions of Us, and the
Catholick King in America, which so far as has yet
been represented unto us, may relate to the limits
between Our Province of South Carolina and the King
of Spain's Province of Florida ; to the right and title
to the Bahama Islands ; to the right which Our
subjects claim, and have for many years exercised of
cutting logwood in the Bay of Campeachy ; and to
that which the subjects of the King of Spain in the
Province of Guipuscoa pretend to have, of fishing on
the Banks of Newfoundland ; Our Commissioners for
Trade and Plantations will also furnish you, with an
AMERICA AND WEST INDIES. 153
1730.
account of whatever has come to their knowledge on
that head, and will inform you of the true extent of
Our possessions in those countrys, bordering upon
those of the King of Spain, and you will insist that
the limits thereof be settled accordingly ; and you
will take arid [corrected, care to] support Our rights
and possessions, and the privileges of Our subjects, to
which We and they are intitled, by the Treatys
subsisting between Our Crown and that of Spain.
(v.) And as to any pretensions that His Catholick
Majesty may have by virtue of the Treaty of 1721,
for the restitution of the ships taken by the English
Fleet in 1718 etc., the papers relating to this matter,
which will be delivered to you, will we doubt not
enable you to prove etc. that the said Treaty has in
this respect been duly executed on the part of Our
Crown, and that if some of the ships by that Treaty
to be restored, were not carryed home to Spain, it
was the fault of the Spanish Officers, who would not
receive them when they were tendered to them by
those in whose custody they were, (vi.) You will be
under no doubt or difficulty, which are to be the rule
of your proceedings, these being stipulated by the ivth
and 1st separate Articles of the Treaty etc. (vii.) With
respect to seizures and detentions, the validity of which
may not yet have been sufficiently made out, you are to
collect such cases and settle them with the Spanish
Commissarys etc. (viii.) You shall constantly corres-
pond with Our . Principal Secretary of State and
Commissioners for Trade and Plantations as to diffi-
culties that may arise etc. and (ix.) Our Ambassador,
to whom We shall give a Commission to be one of the
Commissarys, if, as We have been informed, the King
of Spain intends to appoint Mor. Patino, one of his
Chief Ministers to be one of his Commissarys etc.
(x.) You are to sign a report and (xi.) finish your
Commission within three years from the signing of
the Treaty of Seville, that is to say by * 1732.
PP> [C-O- 388 > 89 ff- 81-92, 980.]
June 24. 295. Petty expenses of the Board of Trade, Lady day to
Midsummer, 1730. (v. Journal.) 7 pp. [C.O. 388, 79. Nos.
62-65.]
June 24. 296. Council of Trade and Plantations to the Lords Com-
whitehaii. missioiiers of the Treasury. Request payment for Office
expenses and Officers' salaries for quarter ending Midsummer.
Account annexed. [C.O. 389, 37. pp. 310-312.]
154
COLONIAL PAPERS.
1730.
June 24.
Windsor.
June 25.
Whitehall.
June 25.
June 26.
Windsor.
June 29.
o.s.
Funchal,
Madeira.
297. Governor Johnson to General Ross. In response to
a letter from the Earl of Sutherland expresses his belief that
Capt. Sutherland is very capable and deserving etc. (v. 8th May).
Begs for his support in inducing the Duke of Newcastle to favour
his proposal for another independent Company for Carolina etc.
Signed, Robt. Johnson. If pp. [C.O. 5, 383. No. 49.]
298. Council of Trade and Plantations to the Committee
of the Privy Council. Enclose following and suggest that
similar instructions be sent to the Governors of all Colonies
mentioned in the Act for giving further encouragement for the
importation of Naval Stores. Annexed,
298. i. H.M. Additional Instruction to the Governor of New
England and to Col. Dunbar. H.M. is pleased to
grant his share of the forfeitures incurred for the future
by persons destroying his woods in America to the
Informer who shall sue for the same. To prevent
collusive agreements with Informers, no informer shall
be entitled to said moiety except when the Surveyor
General of the Woods or his Deputy shall certify, that
he has actually seized the wood or logs for H.M. use
for which the respective informations were made.
[C.O. 5, 916. pp. 388-390.]
299. Claim of Gabriel Lopez, administrator of Joesph
Lopez of London merchant, for the value of 1305 cwt. cod fish,
and of the ship Farro merchant 1800Z. Said ship was loaded in
New England in 1719 and consigned to a merchant at Bilbao,
and there seized and sold by order of His Catholick Majesty.
Application was made at that time by the British Minister,
to His Catholick Majesty's Minister, who gave orders that
payment should be made to claimant by the Intendant at
Burgos, but he always answered that he had no money etc.
Endorsed, Original reed, from Mr. Gabriel Lopez, 25th June,
1730. Copy. 1 p. [C.O. 388, 89. ff. 79, 80u.].
300. General Ross to [? Mr. Delafaye]. Recommends Capt.
Sutherland etc. (v. 8th May). Signed, Ch. Ross. 1 p. [C.O.
5, 383. No. 50.]
301 . Governor Belcher to the Duke of Newcastle. Arrived
here in H.M.S. Stanford in 12 days from Plymouth etc. In
N. England will do everything in his power for the honour and
service of the Crown and the benefit and interest of the Mother
Kingdom etc. Concludes : I am sorry there's not a cask of
good wine to be had in the Island at present, but I have ordered
the Consul to send your Grace a hogshd. of the choicest Malmsey
in the season which most humbly craves your acceptance etc.
Signed, J. Belcher. Endorsed, R. 20th Augt. Holograph.
2 pp. [C.O. 5, 898. No. 74.]
AMERICA AM) WEST INDIES. 155
1730.
June 30. 302. Daniel Hintze to the Council of Trade and Plantations.
July 11. I nave in obedience to your Lordships' orders since my arrival
in this country I have applyed to several Protestant families
subject to the Landgrave of Darmstadt as well as to the Elector
Palatine and laid before them the encouragemts. offered by your
Lordships to settle in Nova Scotia etc. The objections made
cheifly proceed from the ill-usage they have mett with by
Commanders of ships and other who have carryed them to other
settlements then where they intended to goe and sold them for
servants etc. I have engaged the following, Joseph Granad his
wife and six children millwright, James Shibe his wife and one
child Carpenter, John Phillip Weller his wife and one child
Taylor, John Casper Kock his wife and three sons husbandman
who carry with them sufficient substance and are already
shipped on board a Newengland sloop etc. Several more
families are expected down etc. I shall wait your Lordships'
further instructions etc. Signed, Danl. Hintze. Endorsed,
Reed. 6th, Read 7th July, 1730. Addressed. Postmark. 2 pp.
[C.O. 217, 5. ff. 201, 201t;., 2020.]
[June]. 303. Minutes of Council of the Bahama Islands, 25th Aug.,
1729 June 15, 1730. 26 pp. [C.O. 23, 14. ff. 118-1809.]
July 2. 304. Deposition of Samuel Frere, that Lodwick Sprogel
deposited following papers with him before his death. Sprogel
was a German by birth, but a naturalized subject of Great
Britain. Signed, Samuel Frere. Copy. 1 p. Enclosed,
304. i. Memorial of the loss sustained by Lodwick Christian
Sprogel, late of Philadelphia, owner of the Susanna
sloop and her cargo, taken by the Spaniards.
(a) Affirmation of John Owen, Master of the sloop
Susanna, Philadelphia, 2nd Nov., 1724.
Having regularly cleared from Philadelphia and
reladed at Curaoa, he sailed for Philadelphia, on the
21st July, 1723, in lat.29, 49m. long. 6850m. and dis-
covering a fleet of vessels which he took for pirates,
he made sail to escape. But a sloop coming up with
him and firing great guns forced him to strike etc.
The Commodore of this Spanish squadron, called by
them the Armadilla, ordered him aboard. His sloop
was then plundered, and his register, clearances and
papers taken from him, and himself carried into Porto
Rica, where he was not allowed to go ashore to make
his defence until his sloop was condemned and sold.
He and his crew were then put ashore where the
Governor immediately committed them to prison.
There they were detained 50 hours without any
sustenance. He could obtain no other reason for
these and many other hardships he and his mates
156 COLONIAL PAPERS.
1730.
suffered from the Commander of the Armadilla, but
that he believed deponent had bought his cocoa of
the subjects of Spain, nor from the Govr. of Puerto
Rica, but that he must take satisfaction of the
Commander of the Armadilla. The Governor did
threaten to commit them to the gallys. They were
detained as prisoners from 18th Aug. to 15th Oct.,
and then were under a necessity of purchasing their
liberty from the Governor, which with other necessary
charges amounted to 180 pieces of eight. During the
said voyage of the Susannah neither he nor his crew
traded directly nor indirectly at any post, nor with
any person belonging to the King of Spain, but only
at Curaao aforesaid etc. Signed, John Owen. Copy.
9 pp.
304. ii. Deposition of Isaac Cox, apprentice to John Owen.
Philadelphia. 2nd Nov., 1724. Signed, Isaac Cox.
Copy. 2 pp.
304. iii. Deposition of John Owen, Robert Sample, Peter
Mann, Isaac Cox. St. Thomas. * Oct. 1723.
Repeats No. i. The cargo in cocoa, indigo and money
was worth 3000 pieces of eight prime cost and the
sloop 400/. etc. The money for our clearings pass and
victuals in Porto Rico (v. enc. i.) was paid by an
Irishman, James Lynch. Signed, John Owen, Robt.
Sample, Peter Mann, Isaac Cox. Copy. 4 pp.
304. iv. Passport by the Governor of Porto Rico for John
Owen and his three companions to sail to St. Thomas
etc. Sept. 23, 1723. Copy. Spanish. 1 p. [C.O.
388, 89. ff. 31-39, 40.]
July 2. 305. Deposition of Samuel Frere of Saint Swithin Lane,
London, merchant. Deponent for many years well knew, and
corresponded with Lodwick Christian Sprogel etc. (v. preceding),
and about 5 years since received from him the parchment writing
hereunto annexed, etc. Signed, Samuel Frere. 1 p. Enclosed,
305. i. Samuel Frere to the [? Council of Trade and Planta-
tions]. London. 1st May, 1730. Anthony Morris
of Pensilvania did send me some years ago the inclosed
affidavit etc. The value of the sloop and cargo is
supputed at 4583 ps. of eight etc. Signed, Samuel
Frere. f p.
305. ii. Affirmation of James Wilkins of Philadelphia,
mariner. 26th Nov., 1725. Master of the Sarah and
Mary, Anthony Morris of Philadelphia owner, he
loaded at that port divers goods of said Morris and
of Lodowick Sprogell etc., and having cleared and
obtained a register etc., sailed for Cura9oa, where,
having disposed of his cargo, he reladed with cocoa,
AMERICA AND WEST INDIES. 157
1730.
pieces of eight and a few pistoles, and no other goods
but such as are lawful etc., and sailed with a clearance
from the Governor for the Island of Bonair also
subject to the States of Holland. Having loaded
some salt, the produce of that island, he sailed directly
for Philadelphia. On 17th March, 10 leagues from
Hispaniola, he was chased by a sloop, which by the
discharge of great guns and some arrows compelled
him to strike his colours which were English. He was
ordered aboard the sloop, etc. As he was getting on
board her, he received a great blow on his head with
a cutlass, and then was stripped of his coat, hat and
silver shoe buckles. He was examined by the officers
of the sloop, who were Spaniards commanded by a
Spanish mulatto whose name he could not learn, nor
the name of their vessel, but that she was Spanish
having on board Spaniards, Indians and negroes etc.
Upon affirmant's demanding by what authority they
took him, the Spanish Captain directed the point of
his sword to affirmant's breast and answered that
was commission enough for him adding " God damn
you hold your tongue or I'll run you thro'." Some
of the Spanish officers confessed the sloop belonged to
the Havana, and that they were a guard de la costa etc.
They anchored at a small island, Savona, one league
from Hispaniola, and demanded what money affirmant
had. Two of them beat him, and throwing a rope
about his neck, threatned to hang him if he would
not discover what he had on board. Among many
other violences, the Spaniards inflicted a very deep
wound quite to his thigh bone, and thereupon he
shew'd 700 pieces of eight silver and 4 pistoles gold,
all wch. they took. Then they cut and much bruised
this affirmant with cutlasses by the Spanish Captain's
order, because he had not discovered the mony sooner.
They seized the sloop with all her stores and cargo,
etc., at a moderate estimate of the full value of 4583
pieces of eight. After affirmant and three of his men
had been detained by the Spaniards on board their
sloop about 29 days, being in the mean time striped
of their cloths almost famished and very inhumanly
treated, they set the three men upon St. Thomas etc.
Two Spaniards took affirmant in a canoe near the
shore and obliged him to leap into the sea where he
was much bruised and in great danger to be dashed to
pieces against the rocks. They discharged a swivel
gun loaded with many small bullets at affirmant and
his three men that were standing together near some
of the inhabitants of the island. The shot missed
158 COLONIAL PAPERS.
1730.
them but fell among some sugar canes that grew
near, in which it cut down a wide lane. The Spaniards
detained the mate and carpenter of the sloop who,
affirmant has been informed, are both dead of the
barbarous usage of the Spaniards, and particularly
that the mate was killed etc. The original was endorsed,
This parchment writing was produced by Samuel
Frere at the time of his examination, July, 1730.
Copy. 6 pp. [C.O. 388, 89. ff. 42, 43, 44-46*;.]
[July 2]. 306. Memorial of loss sustained by James Hutchens deed,
master and part owner, and by Robert Harris, part owner, of
the Wilford galley seized by the Spaniards at Malaga, 12th
Sept. 1718. With deposition by Robert Harris, July 2, 1730,
and papers relating thereto. 7 pp. [C.O. 388, 89. ff. 160-
163.]
July 3. 307. Deposition as to loss sustained by James Porten of
London, Esq., Mathew Martin of Colchester, Esqr., and Charles
Eyres of London, merchant, part owners of the ship Parthenope,
Robert Beale master, taken by a Spanish privateer, 7th April,
1727, and condemned at Malaga, upon a voyage from London
in ballast to Newfoundland to lade fish for the Streights, and
valued at 2000Z. etc. With depositions by James Porten,
Robert Beale, Humphry Crips, James Taylor as to bills of
lading, and copy of proceedings at trial at Malaga etc. 27 pp.
[C.O. 388, 89. ff. 164-169, 170-173, 174-175, 176, 177-178i\,
180, 180w.]
July 3. 308. Memorial of the loss sustained by Daniel Vincent,
late master and owner of the Edith of London, taken by a
Spanish privateer on the coast of Barbary etc. Signed and
sworn by, Danl. Vincent. Copy. 3 pp. [C.O. 388, 89. ff.
186-187.]
July 3. 309. [Dr.] John Stewart to Sir Charles Wager. Wee
Jamaica, of this Island have always been vain enough to reckon upon
Kingston. vou as our p a t ron a t least I have ever found you good-natured
enough to bear wth. my thoughts in relation to it. Our late
Martial law sufficiently opened our eyes in letting us clearly
see as to numbers and circumstances of our people. You are
no stranger to the chief strength of our Militia consisting of
indented servants and a great part of those professed Papists.
Now in case of a foreign enemy what can be expected of those
who have neither honr. expectation or property to loose and
perhaps their religion as Papists wou'd incline them to go over
to the enemy. We are at present threatned by strong bodys
of rebellious negroes in severall parts of the island, but particu-
larly att windward near Port Antonio, who have already beaten
AMERICA AND WEST INDIES.
159
1730.
July 4.
Whitehall.
two strong partys that have been sent out against them and if
they should now beat a third, wch. is now preparing to be sent
against them, it may prove fatall to this Island, for such
repeated successes will no doubt encourage all ill-disposed
negroes to resort to them from all the settlements in the country,
wch. will soon make them a very formidable body, in my
opinion, not to be resisted, lett it be observed that the free
negroes and slaves that we sent out upon these partys, acted
their part much better than the white people, wch. proves my
assertion. You will perhaps think my fears represent things
worse than they are etc., but if I know myself I never knew
what fear was etc., I am resolved to dye in the feild with my
sword in my hand rather than see so dismall a scene as must
follow soon after a generall defeat. Notwithstanding all these
appearances our Assembly cannot be brought to think of the
only method that can be for our security agst. both a foreign
and domestick enemy, that is, to petition for two full regiments
wch. in reallity wd. be a less expence than we are att att present
in maintaining partys, hitherto to no purpose ; but in justice
to our Assembly I must say this was lost only by the Speaker's
casting vote, the charges of our partys now being 1000Z. pr.
month. We have it's true a brave old soldier for our Govr.,
but wt. can he do without men or mony. If his advice had
been pursued in building barracks at proper distances thro'
the mountainous passes of the Island, the rebellious negroes
had been destroyed before this etc. I trust our King will not
run the risque of loosing so valueable an Island and will even
save us against our will. If I were not interested in the affair
of Port Antonio I cou'd affirm that the setling of that place is
the only way of rooting out the rebellious negroes from that
part of the country. My hearty service to good Lady Wager
and all friends with you att Parsons Green. P.S. I have not
heard lately from my brother Rigby. I hope he is well.
Signed, John Stewart. Addressed. Postmark. Holograph.
2| pp. [C.O. 137, 53. ff. 219-220i;.]
310. Order of King in Council. Approving Additional
Instruction to the Governor of New England and Col. Dunbar
as to H.M. share of forfeitures etc. As No. 298 i. and
ordering that similar instructions be prepared for the Governors
of all the Colonies named in the Act for giving further encourage-
ment for the importation of naval stores. Signed, Ja. Vernon.
Endorsed, Reed. 15th July, Read 13th Aug., 1730. 1 p.
Enclosed,
310. i. Draught of Additional Instruction referred to in
preceding. Copy. 1| pp. [C.O. 323, 9. ff. 47, 48,
. s 50u.]
July 4. 311. Governor Hunter to the Council of Trade and
Jamaica. Plantations, Since I had the honour of writing to your
COLONIAL PAPERS.
1730.
Lordships by the Plymouth man of war, the Assembly have
met according to their adjournment to finish what could not
be done at their last meeting, towards the security and strength
of the Island. They have now business enough before them,
for a little before their meeting, I had advice from the North
side, that the party consisting of ninety five shott, and twenty
two bagage negros sent out at the request of that House by
their Address to me number (i) " for distroying the principal
settlement of the slaves in rebellion, having march'd undis-
cover'd in sight of that settlement, by an errour in the com-
manding Officers in puting off the attack till next morning,
they were discover 'd by break of day, surrounded, and routed,
fifteen kill'd or taken, many wounded, and the rest return'd
to Port Antonio etc. Refers to enclosures ii.-vii. Continues :
In my humble opinion that party (v. No. vii) is not sufficient
considering the numbers, arms and situation of the rebels.
The whole Council and many of the Assembly were for more
effectual measures for the security of the Island, and dislodging,
or distroying these Rebels ; but the House being devided, and
some of the Members occasionally absent, the Question mark'd
number (8) was rejected by the Speaker's vote. Upon this
head I think it my duty to send the information upon oath of
some persons who have been on the Spanish coast lately,
marked number (9 and 10), confirm'd by the general report of
our masters of sloops who have been at the South Keys, which
persuades me, as I believe they will your Lordships, that the
Spanish design on this Island was real, and the measures to put
it in execution stronger than what we apprehended. That by
the vast number of arms, and quantity of ammunition, it is
past doubt that the rebels have a secret correspondence within
the Island, or from abroad, perhaps both. A Law is preparing
to put a stop to all such within the Island. It will appear by
the lists of the people of all kinds, free, and slaves when per-
fected ; for as yet I want the accounts from most of the
Parishes, that in case of any future rupture, this important
island is in a defenceless condition, for tho' I have by procuring
some good laws for the better arming those we have, and have
repared the old Forts, and am now carrying on some new, put
our indifferent Militia into a better order and discipline, than
I found it, and got some good laws and resolves pass'd for the
better peopling the Island ; which is a remedy very remote
from our present exegency ; notwithstanding all this, I say,
considering the small proportion our white people bear to the
black, not being as far as I can compute hitherto, that of one
to twenty ; the exemption by law of great numbers from
ordinary military duty and discipline, which will make such of
little use, the number of the invalids or incapable, and what
I think worst of all the number of white servants, of whom
much the greater part is not to be trusted with arms; This
AMERICA AND WEST INDIES. 161
1730.
Island is uterly insufficient to defend it's self in such an event.
To shew the importance of this Island I beg your Lordships will
cast an eye on the paper marked number (11), this calculation
is not so exact as I hope I shall be able to make it hereafter,
but I assure your Lordships that the articles are rather under
than over rated. This considered, its situation with regard
to a heretofore most advantagious trade which I will not name,
the dependance the Northern Colonys have upon it for their
very being ; for the other Sugar Islands if this were gone
must quickly follow, and it's great use in case of a war with
any powerfull neighbours, I cannot doubt but your Lordships
will be of opinion, if either from its present inability or the
prevalence of a peevish or perverse party, and the indolence or
inadvertency of others nothing can be done effectually by the
Legislature here for its safety, that it is requisit that some
measures be taken at home for that purpose. It has not
hitherto been in my power to send your Lordships full and
satisfactory answers to the Queries formerly sent, having as
yet received no more than five of the accounts from the parishes.
I inclose however one of them marked number (12) to shew your
Lordships the method prescribed, in order to an exact
information of the strength, welth, and number of the whole.
I hope in a little time to be able to send them compleat. The
Assembly having voted no more than 3000Z. this currancy for
finishing the Fort at Port Antonio, I am persuaded that sum
will not be sufficient for that purpose. We are in the mean
time going on as well as we can in preparing and laying in
materials for that use, and when that fund has gone as far as
it can go with the best ceconomy, we must either trust to the
benevolence of a future Assembly, be assisted from Home, or
go on very slowly by means of what may be saved hereafter
out of the ordinary yearly allowance for the expense of fortifi-
cations, which is at this time exhausted. Admiral Stewart is
now there in good health, very busie in making the King's
Island of use to his shiping ; but he is of opinion that some
fort or close battery there will be necessary for the security
of the stores, and store houses, as well as the better defence of
the harbours ; but where we shall find a sufficient guard for
these forts is a difficulty I cannot as yet solve. Pursuant to
H.M. sign manual to me directed, Mr. Attorney General has been
sworn into the Council. There is still a vacancy by the death
of Col. Swymmer ; Col. Price formerly recommended is since
dead, and it is not an easie matter for me to comply with the
letter of my Instructions, to send a list of twelve whom I judge
duly qualified for that trust ; for that 'twill be difficult to find
out such a number, that are willing to accept of that seat, and
whose residence is not too remote for their attendance. To
the short list formerly sent I beg leave to add William Gordon,
George Ellis, Gersham Ely, and John Hudson Guy Esq. Since
C.P. XXXVII 11
162 COLONIAL PAPERS.
1730.
the Assembly met last they have pass'd only two Acts, one for
fitting out partys against the rebellious negros, the other for
raising 6000/. to defray the charge of the said partys. They
have several other bills upon the anvil which when perfected
they shall be transmitted to your Lordships together with those
already pass'd. Signed, Ro. Hunter. Endorsed, Reed. 12th,
Read 29th Sept., 1730. 6 pp. Enclosed,
311. i. Address of the Assembly to Governor Hunter, 18th
March, 1729(30). Request him to order out a party
to suppress the several rebellious negro settlements
near Port Antonio, whose incursions obstruct that
settlement etc. Signed, Tho. Beckford, Speaker.
Same endorsement. 1 p.
311. ii. Examination of Nicholas Plysham before the Governor
and Council of Jamaica, 18th June, 1730. Examinant
on 28th May last with Capt. Soaper and Tho. Ascroft
with the partys under their command consisting of
95 shott and 22 baggage negros sail'd from Port
Antonio to Plumtree Bay and next day marched to
Mr. Hobby's open ground, six miles distance, and
next day marched into the mountains south easterly,
crossing a river several times and halted that night
on the top of a mountain. The 31st they marched
further S.E. etc. On Munday 1st June, they marched
into an old deserted town, where they rested that
night and cut down all the bonana and plaintain trees.
The next day they marched for two days and nights
along the river under the foot of the N. side of the
Blew Mountain, and lay upon the .side thereof that
night. The 5th and 6th of June they marched along
the Blew Mountain and about noon of the 6th came
in sight of the negro plantation lying in a valley S.E.
from them a full day's march. On the 7th about
noon they entered the rebels' plantation, but about
a mile's distance from it they fell in with some broad
roads, particularly one leading up to the Mountain,
which they took to be a road for bringing down timber.
And they march'd on till three a clock thro the bushes
along the side of the open ground where he saw some
stragling negros diging provisions etc. At three or
four o'clock in the afternoon Capt. Soaper geting up
upon a tree saw the town in a bottom upon a river
about a quarter of a miles distance etc. Examinant,
Lt. Tudor and others asked Mr. Soaper if he would
not immediately enter the town, the men being then
generally willing and forward to do it, to which he
reply'd that it would be more convenient to ly perdue
till midnight, and then to surround it and enter it
before day, upon which they lay there quiet for about
AMERICA AND WEST INDIES. 163
1730.
an hour, when they heard children crying out the
Backarah come, whereupon this deponent and several
others declared they were discover'd, but some of the
rest said they only call'd out that Tatta was come
which occasioned Mr. Soaper and Examinant to go
up the same tree again when they discover'd negros
mostly women to the number of about 100 running
away with loads and a great many children up the
opposite mountain, where there seemed to be a broad
road : upon which Soaper ordered them to march
down to the town etc. They came to the edge of a
precipice just over the town, and Soaper thinking
there might be some difficulty in geting down ordered
them to stay there that night and about eight at
night he ordered them to fire off their pieces (as he
said to clear their arms) which they did in three vollies.
About 9 or 10 (the rebels continuing beating their
drums) one of Col. Nedham's negros belonging to the
party called out to the rebels to send home his master's
negros, and was answered by the rebels that they
would not etc. At dawn Capt. Soaper ordered about
20 men to march down the precipice to the town as an
advanced party. And upon their geting down the
negros that lay in ambush fired upon them, upon
which Soaper called to them to return etc. Examinant
perceived that they were surrounded by the negroes
who fired from all parts, whereby several were
wounded and two killed etc., which fire the party
returned and continued firing at each other for about
two hours and seeing the negros got ground of them
Soaper ordered the wounded and lame to retire down
to a river, which they attempting to do were
surrounded by other rebels which he believed lay
there in ambush, upon which the wounded returned
to the body (but 20 of the negros belonging to the
party made their escape) and with the rest of the
party retired into the bushes. The negros pursued
no further, but fired volleys and huzza' ed. Upon
which the party to the number of 46 returned the
same way they went etc. The rebels that attacked
them were near 300. Signed, Nich. Plysham. Same
endorsement. Copy. 2| pp.
311. iii. Examination of Capt. Samuel Soaper before the
Governor and Council on above events, 25th June,
1730. Signed, Saml. Soaper. Same endorsement.
Copy. 2f pp.
311. iv. Examination of Capt. Ascroft before the Committee
of Assembly, 18 June, 1730. Same endorsement.
Copy, f p.
164 COLONIAL PAPERS.
1730.
311. v. Governor Hunter's Speech to the Council and
Assembly 17th June, 1730. Recommends strengthen-
ing of Militia. Refers to above disaster. If the
accounts he has received are verified, it appears to be
the effect of something worse than cowardice. His
view has always been that the proper way to reduce
the rebels is to establish posts in the several passes of
the mountains in easy communication with the settle-
ments etc. Reminds them of the general decay of
credit, one cause of which is the arbitrary value of
their coin. If no steps are taken to ascertain it in
accordance with his former proposals, he will have
to put the Act of Parliament for that effect in execution
etc. Copy of The Weekly Jamaica Courant, No. 688,
June 24, 1730, containing above. Jamaica, Printed
by M. Baldwin, 1730. Price one bit, or 7. 6. per
quarter. Same endorsement. 4 pp.
311. vi. Address of the Assembly to Governor Hunter in
reply to preceding. Regret failure of expedition and
agree that it was due to something worse than
cowardice. Will proceed in the affairs now before
them with the utmost harmony and vigour etc. Same
endorsement. Copy. 1J pp.
311. vii. Resolution of Assembly 19th June, 1730, confirming
resolves of Committee of Council and Assembly, for
the raising of parties to reduce the rebellious negroes.
Same endorsement. Copy. 1 % pp.
311. viii. Resolution of Committee of Council and Assembly,
19th June, 1730, " that it was absolutely necessary
to think of securing the Island in case a rupture should
happen with any of our neighbours, and that therefore
it would be necessary either to apply for a body of
troops, or to fall into some more effectual measures,
than had been hitherto done for rendring the Militia
more useful." To which the House disagreed. Same
endorsement. Copy. \ p.
311. ix. Deposition of John Tello, 18th June, 1730. When
at Panama and Porto Bello, deponent was informed
by the Father Confessor of the Governor of Porto
Bello that there were 30,000 rebellious negroes in
Jamaica, and that they had written to the Governor
of Caicas, (? Carracas) offering to put the island into
the possession of the King of Spain, if he would grant
them their freedom. The Governor sent a sloop with
a negro messenger in reply etc. Signed, Jno. Tello.
Same endorsement. Copy, l^rd pp.
311. x. Deposition of Capt. William Quarrell. 23rd June,
1730. Deponent on a trading voyage to Cuba told
some Spanish merchants that in seven years time we
AMERICA AND WEST INDIES.
165
July 4.
Jamaica.
1730.
should have no more occasion for their mules, for this
country would breed sufficient. They answered, that
in less than half that time the Island would be theirs,
quoting above story (No. ix). Signed, Wm. Quarrell.
Same endorsement. Copy. l pp.
311. xi. A calculation of the exports from Jamaica to Great
Britain. 25,000 hhds. of sugar at 121. sterl. Rum,
42,000/., 50,000 cwt. ginger, 20,OOOZ. Total value,
(besides cotton, fustick, indigo, piemento, ebony and
lignum vitae), 362,000/. sterl., paying 201, OOO/. duty
and excise in Great Britain, and 84,834/. freight. 100,000
negroes valued at 251. each ; 200,000 head of cattle
at 51. each ; sheep and other stock 20,000. 400 sugar
works at lOOOiL each. Same endorsement. 1 p.
311. xii. List of inhabitants of parish and precinct of St.
Andrew. White men, 275 ; women, 117 ; children,
85 ; Free Negro, Indian and Mulatto men, 6 ; women,
14 ; children, 14 ; slaves, 7220 ; cattle, 5115. Same
endorsement. 1 p. [C.O. 137, 18. ff. 78-80v., 8lv.,
82, 83i;.-88, 89v.-92v., 93v.-94,v., 95u., 96, Q7v.-98v.,
99i;.-100t;., Wlv.-W3v.]
31 2. Governor Hunter to the Duke of Newcastle. Encloses
following, in order to save his Grace the trouble of a similar
long letter etc. Signed, Ro. Hunter. Endorsed, R. 13th Sept.
1 p. Enclosed,
312. i.-xiii. Copies of preceding letter and enclosures. [C.O.
137, 53. ff. 221, 222v., 223, 225-226, 227-228, 229,
231-233i;., 235, 235v., 237, 239, 2890., 241, 243, 244,
245-247i;.]
July 6. 313. Jean Pierre Purry to the Council of Trade and
London. Plantations. Offers to settle 600 Swiss in Carolina in six years
time, if granted a barony of 12,000 acres free of quit rent for
some years, etc. Cf. C.S.P. 24th March, 1729 etc. Signed,
Jean Pierre Purry. Endorsed, Reed., Read 9th July, 1730.
French. 1 p. [C.O. 5, 361. ff. 127, 128i>.]
[July 7]. 314. Memorial of John Yeamans, Agent for Antigua, to
the Council of Trade and Plantations. By an Act of Antigua
of 1715, all Courts of Chancery for the said island consist of the
Captain General or Governor in Chief and five or more of the
Council of the Island etc. Great delays have been occasioned
by frequent and long absences of the Governors. There has
been no Court of Chancery held there for three years purely
through the absence of the Chief Governor to the insupportable
delay and expense of such as have law-suits depending etc.
The business of the island requires at least four or
five Courts of Chancery in a month etc. Prays for the confirma-
166 COLONIAL PAPERS.
1730.
tion of the Act of 1728, providing that the Lieut. -General,
the Lt.-Governor, or the President of the Council, may preside
in the Court of Chancery whenever the Commander in Chief
of the Leeward Islands is absent from Antigua. Endorsed,
Reed. 7th July, Read 5th Aug., 1730. If pp. [C.O. 152, 17.
ff. 148, 149.] '
July 7. 31 5. Governor Worsley to the Duke of Newcastle. Captain
Barbados. Barnesly Commander of the Scarborough man of war, came
in here about a week since from Portorico, and Hispaniola,
where he went from Antigua with Mr. Dixon, who was
authorized by some persons here, as well as at Antigua, to
demand the vessells that had sailed from these islands, and
had been taken by the Spaniards, since llth June, 1728. Capt.
Barnesly tells me that the Governour of Portorico refused to
let the Gentlemen go on shoar, nor had any regard to the King
of Spain's schedula, saying that he had not received any orders
from the King his master, and that till then he could not admit
him to come there. The Governour of Hispaniola received
them civilly, and allowed the Gentlemen to come on shoar,
and to stay there to make good his demands, for the restoration
of the vessells, and that the money was ready when the King
of Spain's orders should arrive. Mr. Ashley, Deputy Auditor
General here, has set on foot a petition to H.M. (which is signed
by himself, and many other Gentlemen) praying (as I am
informed) that H.M. would prevent the importation of any
sugar, rum, and mellasses from any of the French and Dutch
Colonies into Ireland, or the Northern Colonies till those com-
modities had paid the duty in Great Britain that H.M. subjects
in his Sugar Colonies do, or that they may have the same liberty
as the French of exporting their improved sugar at a duty of
1 pr. cent., upon exportation directly to any one of the Spanish
ports in Europe, without first importing them into England.
'Tis most certain that the trade from the Northern Colonies,
to the French and Dutch Colonies, for sugar, and mellasses is
very prejudicial to this island, which has encouraged the
Northern Colonies to set up many still-houses for the making
of rum, which in course must make the price of rum of H.M.
Sugar Islands fall, and many vessells load from St. Lucia with
sugar for Ireland, and so I am told they do from hence by
clearing out for Newfoundland, or the Isle of Man. The trade
that is carryed on from the Northern Colonies to Martinico is
only by permission of the Governour there, tho' by the King
of France's edict all commerce with forreigners is prohibited.
But the French as well as the Northern Colonies find their
advantage by it, sugar at Martinico, tho' not so fine as ours
here, yet perhaps as good for the sugar bakers is much cheaper,
then the sugars of Barbados, and mellasses is there worth about
4d. p. gallon, and here 9d. and I0d., if they could not export
AMERICA AND WEST INDIES. 167
1730.
there mellasses they must fling it away as they formerly did,
when they had no vent for it. I wish the people of this Island,
have not given some occasion to the rise of this trade, by passing
an act in 1715, which was confirmed 17th Oct. 1717, for the
laying a duty of 12*. 6d. for every hundred weight of muscovado
sugar, and ll. 5s. for every hundredweight of improved sugar,
which should be imported from Martinico, and other places,
not under H.M. subjection, and so in proportion upon several
other commodities, which were not of the natural product,
growth, and manufacture of some of H.M. Colonies. The
occasion of the making of this law, was the great quantity of
sugar, mellasses, rum, cotton, ginger, and alloes imported
from those places, which it was apprehended would very much
lessen the value of the manufacture of this island. Yet it has
been observed that the current cash in the island was much
more then, than it is now, for as there was then a greater quantity
of sugar here, they did not sell their provisions for money in
order to go elsewhere for a loading, and provisions were cheaper,
and there was more sugar to pay the duty to the Crown here,
as well as in England, besides the employing of more ships.
This affair has been carryed on by the particular Gentlemen
concern'd in it ; and indeed if I had been apply'd to I could
not have concern'd myself in it, in that by H.M. Instruction,
which I publish'd here, such a trade is not contrary to the sense
of the Treaties, and that there is no law that prohibits it, unless
as to this island the law abovementioned, laying a duty upon
sugars brought hither from Martinico etc. by the greatness of
the duty may not amount to a prohibition of that trade. Many
of the Gentlemen who have sign'd the petition to H.M. have
contributed pretty largely by bills of exchange they have given
Mr. Ashley, and Mr. Osborne for bearing the expence in carrying
on their point, tho' I cant help observing that these Gentlemen,
as well as most of the others who have signed the petition, will
not pay H.M. tax for supporting the honour and dignity of the
Government. Mr. Ashley has recommended Mr. Peter Leheup
to be one of their Agents, and has with three, or four more
wrote to Mr. Forster to be the other, they gave them each at first
500/. sterling by Mr. Osborn, and Mr. Ashley's bills : the money
gather'd upon this occasion is betwixt 21. or 3000/. The owners
of negro's in the three parishes, Christ Church, St. Philips, and
St. Josephs, whose Assembly men return'd the lists of those
persons who had given in to them the number of their negro's,
being so return'd have paid this year their levy of 2s. Qd. pr.
head for their negros, tho' but very few of the eight other
parishes have paid, nor has the Vestry of St. Michael's, return'd
their apportionment upon the inhabitants of the town etc.
Signed, Henry Worsley. Endorsed, R. 27 Sept. Extract sent
to Mr. Keene, Oct. 5th, 1730. 5 pp. [C.O. 28, 45. ff. 121-
123,
168
COLONIAL PAPERS.
1730.
July 7.
Barbados.
July 7.
Whitehall.
July 7.
July 7.
Boston.
316. Governor Worsley to the Council of Trade and
Plantations. Duplicate of preceding, mutatis mutandis. Signed,
Henry Worsley. Endorsed, Reed. 12th Sept., Read 15th Oct.,
1730. 5 pp. [C.O. 28, 21. ff. 110-122, 123u.]
31 7. Council of Trade and Plantations to Governor Hunter.
Acknowledge letters etc. of 17th July, 6th Sept., and 12th March.
Continue : We have considered the Act to prevent dangers that
may arise from disguised Papists etc. ; and altho' we may be
of opinion with you that the passing an Act of this nature might
have been immediately necessary, yet we think this Act, as to
the execution thereof, not free from objection, because every
importer of men servants from Ireland, except such as are
Protestants or reputed so to be being subject to a forfeiture
of 50/. many persons from Ireland may incur the same without
knowing they were lyable thereto. For this reason we shall
not propose this Act to H.M. to be confirmed but shall let the
same lye by, till such time as we shall be fully apprized of the
effect thereof. Announce appointments of Messrs. Henderson
and Hayman (v. March 3 and June 5) to the Council. [C.O.
138, 17. pp. 290, 291.]
318. Memorial of loss and damage (1506/. 19s. 6d.) sustained
by Daniel and John Tupper of Guernsey by the seizure of the
ship Swallow and her cargo of fish, on touching at the port of
St. Ogne in Spain, Sept. 1718, in her voyage from Newfoundland
to Bilboa. Deposition, signed, William Dobree, of London,
merchant. Endorsed, Reed, (from Mr. Dobree), llth Dec.,
1730. 3 pp. Enclosed,
318. i.-vi. Papers relating to foregoing. 13 pp. [C.O. 388,
92. (Nos. 14, 14 i.-vi.]
319. Col. Dunbar to Mr. Popple. Encloses Attorney
General's opinion (cf. 5th and 16th June), which he hopes the
Lords Commissioners will order to be prosecuted. " I believe
there is no defence ordered to be made, this being a new thing,
and the first yt. ever was of the kind ; if the fines are decreed
for his Majesty, no money is to be expected, the man will follow
the precedent of Ben. Norris make a sham conveyance of his
estate, and go to prison for a few months, and ye expences of
prosecutions lye upon me until I know how I am to be reim-
bursed. There are so many deficiencys in ye Act that if my
Lords Commissioners will pardon me, I will send them home
before next sessns. such a bill as will prevent farther abuses.
I have talked to the King's Advocate General upon this subject,
who has promised to do it for me. I have not yet been able to
gett ye other appeals allowed, for objections against the security s
to prosecute them. I believe there will this year be a great
disappointment in the loadings of masts for H.M. service, there
AMERICA AND WEST INDIES. 169
1730.
being yet not half one ships loading out of the woods, and large
trees cannot be hailed but upon snow etc. The cause is want
of supplies of money to the undertaker by Mr. Waldoe's partner
here, who reports that he is to be turned out and sent to Newgate
etc. If his oath and Dr. Cook's would take away his life, they
would make a merit of it etc. Signed, David Dunbar. En-
dorsed, Reed. 14th Augt., Read 29th Oct., 1730. Holograph.
2f pp. Enclosed,
319. i. Attorney General, Mass. Bay, to Col. Dunbar. Is of
opinion that, in the case of Dunbar v. Peter Wyre,
the evidence adduced was sufficient to prove the fact,
and that the Judge should have decreed in favour
of the prosecution etc. Details. Signed, J. Overing.
Endorsed, Reed. 14th Aug., 1730. Addressed. 2f pp.
[C.O. 5, 871. ff. 193-196*;.]
July 9. 320. Memorial of loss and damage sustained by William
Cheshyre of Liverpool and Benjamin P'oster of Boston, N.E.,
by the seizure of the Swallow sloop and her cargo by the
Spaniards in the island of Tortuga in the Spanish West Indies,
15th July, 1717. (2576/. 105. N. York money). With pro-
ceedings and depositions relating thereto. 29 pp. [C.O. 388,
90. ff. 5-21o.]
July 9. 321 . Memorial of loss sustained by Allard Belin and others
by the seizure of the ship Susannah and Mary at Cadiz in 1718.
Signed and sworn by, Mary Boucher, Allard Belin, Peter Richier.
with papers relating to same. Copies. 4 pp. [C.O. 388, 89.
ff. 188-1890.]
July 9. 322. Deposition of Mary Boucher and Peter Richier,
claiming balance of 1152 crowns, 4 reals due on account of the
ship Cocoa Tree, James Harlow, master, built at Boston for
her late husband of Coleman Street, London, bound from New
England to Leghorn and seized and impressed at Sello in 1718
into the service of the King of Spain at the rate of 3 crowns per ton
per month. Signed and sworn by, Marie Boucher and P. Richier.
With papers relating to same. 15 pp. [C.O. 388, 89. ff.
191-192, 193, 194-195, 196-197*;., 199-200i;.]
July 9. 323. Deposition of Butler Chauncy, claiming for himself
and other owners 1475/. 10s., loss by the capture of the ship
William, built for himself and other owners at Boston, N.E.,
Peter Jump, master, by the Spanish Barlovento fleet, 7th
Aug., 1727, 14 leagues north of Havanna, when bound for the
Bay of Honduras for a lading of logwood for Boston etc. Signed
and sworn by, Br. Chauncy. With certificate of capture by the
Spanish Commodore, Don Joseph Rocher de la Pena and other
papers. Copies. 10 pp. [C.O. 388, 89. ff. 202-206i>.]
170 COLONIAL PAPERS.
1730.
July 9. 324. Council of Trade and Plantations to the Duke of New-
wiutehaii. cas ti e . j n reply to 6th March enclose following, " containing as
full an account as we have been able to collect of the true state
of H.M. title to the island of Sta. Lucia. If the records of this
Office had been kept in as good order in former times, as they
have been in later reigns, this account had still been more perfect
than it is ; but from 1666, which was the year immediately
preceding the Treaty of Breda till 1685, which was the year
before the Treaty of Neutrality, we find few or no entries relating
to this matter, except only the Commissions and Instructions
of the Governors of Barbadoes for that time, on whose Govern-
ment this island depended. Whether this defect can hereafter
be supply'd from the Paper Office, or any other records, we
have not yet been able to discover. But we have the satis-
faction to find, that the best French Historians, and their own
Ministers agree with our books, in acknowledging our possession
of this island in the strongest terms at the two critical periods,
which entitle us to a confirmation of our right, by those very
Treaties on which the French found their pretentions : And
we flatter ourselves, this report alone may be sufficient, without
further assistance, to furnish the King's Ministers at Paris with
documents and reasons to support H.M. undoubted title to
Santa Lucia. The confessions drawn from their own authors
and Ministers, we hope, will carry a strong degree of conviction
with them ; and we have not left any argument of their's
unanswered, which has hitherto come to our knowledge. We
shall with all convenient speed proceed to the examination of
H.M. title to the other islands in dispute ; those of St. Vincent's
and Dominico will, in some cases, be vouch'd by the same
authorities now offer'd on the subject of Sta. Lucia ; but they
stand upon a very different foundation from that of Sta. Cruz.
We shall however fairly state them all etc. In the meantime,
your Grace may be pleased to lay this Representation before
H.M and receive his commands upon it." Autograph signatures.
3 pp. Enclosed,
324. i. Same to the King. Recite order of 6th March and
refer to representation of 25th March. Continue :
Finding that your Majesty's right to the several islands
in contest depend upon different proofs, dates and
facts, we thought it our duty to make distinct reports
concerning them, and humbly beg leave to begin with
what we have collected relating to Sta. Lucia, because
the disputes which have lately arisen about that
Island, have in great measure given occasion for
debating about those of St. Vincent and Dominico ;
tho' that of Sta. Cruz stands upon a footing something
different from the other three.
As the great profit which attended the Spanish
discoveries in the West Indies, gave encouragement
AMERICA AND WEST INDIES. 171
1730.
to other Nations to try their fortune in the same way,
so none were more early in pursuits of this nature than
the English, who have in all times been remarkable
for their courage and success in maritime affairs ; and
it appears by Purchas his Pilgrims, the most authentic
collection of Travels extant in the English language,
printed in the year 1625, that three ships employ'd
by the Earl of Cumberland, (appendix i) a subject
of England, sailing to the Antilles, discovered the
island of Sta. Lucia in the year 1593, which was about
33 years before the French had settlements in any of
the Antilles or Carribbee Islands, and about 47 years
before their first settlement in Sta. Lucia ; for Pere
du Tertre, one of their best writers, in his Histoire
General des Antilles printed at Paris in 1667, says,
the first settlement the French had in the Antilles,
was at St. Christophers in the year 1627, and their
first settlement at Sta. Lucia in 1640 ; (appendix ii).
He mentions their settlement at St. Christophers in the
following words, Mais parce que V etablissement dans
Visle de St. Christophe a este comme le fondement de
tons les autres etablissements, et que cette isle a etc comme
la pepiniere qui a fourny toutes les autres isles, c*est ce
que m'oblige de commencer par V etablissement qui s'y
fit Van 1667, sous la conduite de Monsr. d'Enambuc.
This author's relations are frequently vouch'd by the
records and royal acts of France and so they are in
the present case ; (ap. in.). He says, the English and
French took possession of different parts of this island
the same day, which must have been some time in the
year 1625, but he does not date his settlement till two
years after, when a subscription had been taken in,
under the protection of Cardinal Richelieu in France,
for their support. These subscribers were afterwards
known by the name of the French West India Company
the first instrument of their Association (ap. iv)
bears date 31st Oct. 1626, and the settlement under
Monsr. d'Enambuc, mention'd in the French quotation,
was made in the following year, 1627. It is very
probable that at the time of forming this Company,
Sta. Lucia was not known in France, (or that they
then knew it to be an English Colony) because the
Cardinal Richelieu's Commission (ap. v) as Sur-
intendant du commerce de France to Messrs. d'Enambuc
et Rossey, which refers to, and bears equal date with
the above-mentioned Association, empowers them to
take possession of St. Christophers and Barbadoes
only, by name ; and in the recital part of that Com-
mission, where mention is made of the Islands which
172 COLONIAL PAPERS.
1730.
the said d'Enambuc and Rossey had discover'd, St.
Christophers and Barbadoes only are particularly
nam'd. Not many years after the Earl of Cumberland
had discover'd the Island of Sta. Lucia, one Sir
Oliph Leagh (ap. vi.) a Kentish Gentleman, having
embark'd some people for the West Indies (where a
brother of his had planted a Colony) sixty six of his
men, under the command of Capt. Nicholas St. John,
landed at Sta. Lucia in August 1605. This proof is
also taken from Purchas, whose Travels were actually
printed in England before the first settlement, men-
tion'd by Pere du Tertre, to have been made by the
French in any of the Antilles or Charribbee Islands :
nor is this much to be wonder'd at, considering how
early the British subjects were in making settlements
even on the Continent of America, under the conduct
of Sir Walter Raleigh, and other famous Captains in
the reign of Queen Elizabeth. Pere du Tertre takes
notice (ap. vii) that the English Colony at St. Chris-
tophers increas'd much faster than that of the French,
and that the English were very early in condition to
settle other Islands ; he mentions particularly that of
Nevis, and it appears by the books of entries in our
Office (ap. viii), that Sir Thomas Warner who took
possession of St. Christophers the same day that Mons.
d'Enambuc landed there, sent likewise an English
Colony to Sta. Lucia in 1626, and made one Major
Judge Governor of that Island. Pere du Tertre also
observes (ap. ix) that a Company was form'd in Eng-
land, under the Earl of Carlisle, for settling the Antilles
about the same time that the subscription was taken
by Cardinal Richlieu in France for the same purpose,
by which we presume, he means some Company
previous to the patent by which King Charles I
granted all the Charribbe Islands or Antilles to that
Earl, bearing date 2nd June in the third year of his
reign anno 1627 ; the recital of this Patent runs in the
following terms ; Whereas Our Well-beloved and
faithful Cousin and Councillor, James etc. Earl of
Carlisle, having a laudable and zealous care to increase
Christian Religion, and to enlarge the territories of
Our Empire in certain lands situated to the North-
ward region of the World, which region or islands are
hereafter describ'd, which before were unknown, and
by certain barbarous men having no knowledge of the
Divine power, in some part possess'd, commonly call'd
the Charribbee Islands, containing in them these
islands following, vizt., St. Christophers, Granada,
St. Vincent, Sta. Lucia, Barbadoes, Mittalanea,
AMERICA AND WEST INDIES. 173
1730.
Dominico, Marigalante, Dessuda, Todosantes, Guarda-
loupe, Antigua, Montserrat, Redendo, Barbuda, Nevis,
Statia, St. Bartholomew, St. Martin, Anguilla, Sem-
brera, and Enegada, and other islands before found
out, to his great cost and charges, and brought to that
pass, to be a large and copious Colony of English."
From this recital, far different from that of the Cardinal
Richlieu's Commission to Messrs. d'Enambuc and
Rossey, it is plain that the English were not only well
acquainted with Sta. Lucia and the other Charribbee
Islands, but had actually taken possession of them
in behalf of the Crown of Great Britain long before
this patent pass'd ; and by the Lord Carlisle's Com-
mission (ap. x) to Sir Thos. Warner, it is evident
that he had taken possession of all the said islands
respectively, some time during the reign of King
James I (who dy'd 27th March, 1625), as will appear
from the said Commission etc. It appears by the
books of entries in our Office ; that in pursuance of
this grant, the Earl of Carlisle continued (ap. xi) to
send several Colonies of English to Santa Lucia in
1635, 1637, 1638, and 1640. These facts were verify'd
by affidavits taken upon oath before Commissioners
appointed by King James II in 1688, to examine into
and report upon his title to the Charribbee Islands, an
extract of which report is hereunto annex'd, so far
as it relates to this affair, the truth whereof we presume,
will hardly be contested, because the French do not
pretend to have taken possession of this Island till the
year 1640. The French Historians, Pere du Tertre
and Pere Labbatt (a more modern author) both agree :
(ap. ii and xii) that the French had no pretensions to
Sta. Lucia, before 1640 ; and Pere du Tertre says
expressly, that the English were possess'd of Sta. Lucia
in 1639; But that about the year 1640, the major part
of the English inhabitants, with their Governor, were
massacred by the Indians : He likewise confesses that
the English suspected Monsr. du Parquet, then
Governor of Martinique, had instigated the savages
to commit this act, but that du Parquet had clear'd
himself of that charge to Monsr. de Poincy (then
Governor of St. Christophers, and Lieut. General of the
French in those parts, to whom the Governor of
Barbadoes had complain'd) by proving that he, du
Parquet, had given the English warning of the savages'
design, assoon as he had notice of it; Be that as it
may, it is certain that du Parquet, contrary to the
law of Nations, to the amity then subsisting between
the two Crowns, taking advantage of our distress,
174 COLONIAL PAPERS.
1730.
possess'd himself of this island soon after that
massacre. Pere du Tertre says, that finding the
English were retir'd from Sta. Lucia (and happy they
certainly were, that could retire at that time), Monsr.
du Parquet sent thither forty men, and built a fort
there ; but it is evident the French were not then
ignorant of the right the King of England had to this
island ; for the Governor of Barbadoes having com-
plain'd to Monsr. de Poincy, that du Parquet had
engag'd the savages to commit this general murther,
he clear'd himself, as hath been observ'd, by alledging
that he gave the English early notice of it, which he
would hardly have done, if both he and Monsr. de
Poincy had not look'd upon the English to have been
the lawful possessors of Sta. Lucia at that time. It
is very remarkable that this possession, so unjustly
acquir'd by the French, happen'd during the troubles
of England, and during this unfortunate interval it is
that the French value themselves upon a succession
of Governors in this island for near twenty years,
whilst our Civil Wars and daily Revolutions at home
prevented the English from asserting their rights in
America ; though some unsuccessful attempts were
made by the Proprietor, Lord Carlisle, even during
that time of confusion, for recovery of his right ; for
it appears by the report (ap. xi) already mention'd
that the Earl of Carlisle did send English people thither
from Barbadoes in 1644 and 1645, and both Pere du
Tertre (ap. xiii) and Pere Labat take notice of some
endeavours us'd by the English for regaining Sta.
Lucia during their temporary possession ; Pere Labat
(ap. xiv) particularly mentions a descent made by
the English in the year 1657, when, he says, they were
beaten off the island by the French ; which is another
instance of our having kept up a perpetual claim of
right there. But upon the Restoration of the Royal
Family, King Charles II hardly found himself settled
upon the Throne of his ancestors, before he began to
think of vindicating his right in a more vigorous manner.
The ancient Proprietor, Ld. Carlisle, having sur-
rendred his patent to the Crown, and King Charles II
intending to make Francis Lord Willoughby, Governor
of the Carribbee Islands, granted to him in 1662, one
moiety of the revenue of the said islands for the term
of seven years, in which grant Sta. Lucia, St. Vincents
and Dominico are particularly nam'd ; and in the
year following the said Lord Willoughby's Commission
for Governor of the Charribbee Islands having pass'd
the Seals; he was particularly instructed to assert
AMERICA AND WEST INDIES. 175
1730.
H.M. right to all the said islands etc. (ap. xvi). In
consequence of these Instructions, an agreement was
made with the Indians for the purchase of Sta. Lucia
in 1663 (ap. xvii), and the said Lord Willoughby
sent a regiment of Foot thither from Barbadoes, under
the command of Col. Carew in June, 1664, who, being
kindly receiv'd by the said Indians, asserted the
British right to that island, regain'd our ancient
possession from the French, and remain'd for some
time Deputy Governor there ; as may appear by the
Articles of Capitulation between the French Governor
of Sta. Lucia and the said Col. Carew, dated the 23rd
of June, 1664 ; as also by Monsr. Seignelay's letter,
and by all the proceedings between the English and
French Commissaries (ap. xxiv-xxx). But because
the French in their conferences with Mr. Poyntz upon
this subject, assert that, after the massacre of the
English, they took possession of this island by consent
of the Indian natives, it may not be amiss to observe,
that we must undoubtedly have had the like consent
even to our first settlements, far more ancient than
theirs ; but we rather chuse to put the issue of your
Majesty's right upon a more solid foundation, an
ancient and continued possession, till the same was
interrupted in the manner, and at the juncture already
mention'd, and that interruption maintain'd by wrong-
ful force, till Col. Carew in 1664 restor'd the Crown
of Great Britain to its ancient possession of this
Island, at which time the Indian natives in acknow-
ledgement of our title, so far as they had any interest
in the soil, delivered solemn possession thereof by
twig and turf, after the old English manner, to the
said Col. Carew, which we do not esteem as an original
grant, for we had already a title of much older date,
but as a confirmation or release, upon our being
remitted to our former possession ; the deed of pur-
chase for this island, sign'd by the Indians, is enter'd in
the books of our Office etc. (ap. xvii). As the regaining
our ancient possession of Sta. Lucia by Col. Carew, in
the month of June, 1664, is a fact of great importance,
so it happens very fortunately, to be attested by the
strongest proofs ; For, to say nothing farther of the
records of our own Office, quote Pere du Tertre, Hist.
Gen. des Antilles III, pp. 81, 86, 87. Continue : In
1665 Robert Cooke Esq. was Governor of Sta. Lucia, and
it was during his government that the French pretend
the English sent six Deputies to surrender the said Is-
land again to them (ap. xviii), to which fact even Pere
4u Tertre himself has given a very full answer, namely,
176 COLONIAL PAPERS.
1730.
that the said Governor Cooke absolutely disown'd those
pretended Deputies. About this time, the Lord Francis
Willoughby dying, was succeeded by his brother the
Lord William Willoughby, who being made Governor
of Barbadoes in the year 1666, was particularly in-
structed to streighten, distress and dispossess any of
the French King's subjects, who might attempt to
possess themselves of the Islands under his Govern-
ment, as appears by the records and books of entries
in our Office. From that time to this day, the island
of Sta. Lucia has always been reputed a dependence
upon the Government of Barbadoes, and as such has
constantly been inserted in all Commissions and
Instructions given to the respective Governors of
Barbadoes, since that time etc. Quote 12th Article
of Treaty of Breda, upon which chiefly the French
have hitherto founded their pretensions. Continue : To
apply this article in support of their pretensions, the
French say, that in 1640, the English having deserted
this Island, Monsr. Diet du Parquet, then Governor
of Martinique, took possession of it by consent of the
savages, there being at that time no English men to
defend it, that he built a fort, and establish'd a
succession of Governors there, who kept possession of
the island for upwards of twenty years ; that in 1650,
the property of this island was sold to du Parquet by
the Old West India Company, and in 1664 du Parquet
sold that island and Martinique to the French King
for 240,000 livres, who being, as they suppose, in
possession thereof at the time the Treaty of Breda
was made, they conclude that the Crown of France,
is, by the above mention'd Article, clearly entitled to
the island of Sta. Lucia. That the French under
Monsr. du Parquet took possession of this island in
1640, has already been acknowledg'd. It has been fully
shewn upon what occasion, and at what juncture of
time that possession was taken ; it has been prov'd
that both Monsr. du Poincy (who was then Governor
of St. Christophers and Lt. General of the French
in those parts) as well as Monsr. du Parquet,
knew this island belong'd to the Crown of Great
Britain, and that the possession taken by du Parquet,
was not upon a voluntary dereliction, but upon a
massacre committed on the English by the savages,
in which du Parquet was suspected to have engag'd
them ; it has been shewn that frequent attempts
were made by the Proprietor to regain the possession
of the said island, and a perpetual claim kept up there,
during the twenty years that it was forceably and
AMERICA AND WEST INDIES. 177
1730.
unjustly withholden from him ; It has likewise been
prov'd, that soon after the Restoration King Charles
II effectually asserted his right, that he retook the
said island from the French, by his troops in June,
1664, and that the said King Charles was in possession
of Sta. Lucia at the time prefix'd by the Treaty of
Breda, for settling the future right to possessions.
As the Treaty of Breda was made to put an end to all
differences between the contracting powers, so the
most equitable rule for that purpose was, that all
parties shou'd be put in the state they were in before
the war began : and it is evidently the design of the
Treaty, that all the contracting powers should hold
what they were possessed of respectively on 1st Jan.,
1665. Specifick stipulations were therefore made for
the restitution not only of such dominions, where the
possession was known to have been alter'd during the
course of the war, but even for such as were only
suspected to have been alter'd ; thus the restitution
of the moiety of St. Christophers to the English, was
stipulated by the 7th Article, and by the 9th a restitu-
tion of a moiety of the same island to the French, in
case they had by the chance of war been driven out
of it in their turn ; thus also by the 12th Article a
provisional restitution is agreed on for the islands
of Antegoa and Montserrat, in favour of the English,
because it was not impossible that these islands might
have been in the possession of the French at the time
that Treaty was sign'd. This being plainly the sense
of the Treaty it is very extraordinary that the French
should call upon us, as they have sometimes done
during the course of this contest, to shew that the
Treaty of Breda had made a specifick provision for the
restitution of Sta. Lucia to the English. We had no
occasion for such an Article. We were restor'd to our
ancient possession there, before the Dutch war began ;
Colo. Carew retook the island in June, 1664 ; and as
this restoration to our ancient right, happen'd three
years before the conclusion of the Treaty of Breda,
it was impossible the French should have been so
long ignorant of it, and consequently it will be incum-
bent upon them to produce a specefick article in their
favour, for it is an incontestable fact that we were
in possession of this island before, and in the year
1665, and if the French had not been convinc'd that
Sta. Lucia belong'd to us, they would not have been
so negligent of their own interest, as not to have
kept up their claim to it by the Treaty of Breda.
Here therefore we might safely adventure to rest the
C.P. XXXVII 18
178 COLONIAL PAPERS.
1730.
issue of this contest, for the Treaty of Breda expressly
provides that each of the contracting powers should
hold, or be restor'd to, whatever each of those Powers
respectively did hold on the first of January, 1665 ;
But on the first of January, 1665, your Majesty's Royal
Ancestor King Charles II was in actual possession of the
island of Sta. Lucia, and therefore by the Treaty of
Breda, as well as by an ancient and almost immemorial
right your Majesty is indisputably entitled to the said
island. But because your Majesty has been pleased
to order us to enable your Ministers at the French
Court to answer all such arguments as may probably
be offered by the French in maintenance of their title
to Sta. Lucia, we shall succinctly deduce the history
of this island to the present time. It has already
been observ'd, that from the date of Lord William
Willoughby's Commission to be Governor of Barbadoes,
Santa Lucia has constantly been deem'd a dependence
upon Barbadoes, and as such has always been inserted
in the Commission and Instructions for that Govern-
ment since that time. It has been shewn that the
Governors of Barbadoes have been instructed to assert
the British title to this and other Charribbee Islands
included in their Commission ; we have seen some
instances wherein they have done so, and it is not
to be doubted that they have always paid a proper
regard to this Instruction. But the first instance we
find in our books, of any complaint upon this head
from the French, is a memorial from Monsr. Seignelay,
bearing date near twenty years after the Treaty of
Breda, which gave occasion to the Board in a former
report upon this subject, to say that the first claim
laid to Sta. Lucia by the French, was in the year
1685, for it was in that year the Governor of Barbadoes
receiv'd news of their endeavouring to settle there,
from whence they were some time after expell'd ;
and Monsr. Seignelay 's letter upon that subject bears
date 19th Nov., 1686. The occasion of this complaint
was, that Col. Stede, then Governor of Barbadoes,
had in July, 1686, sent one Capt. Temple to Sta.
Lucia, with orders to cause all foreigners to remove
from thence, unless they acknowledg'd the King of
England's Sovereignty over that island : When Capt.
Temple arriv'd there, he publish'd the King's title
in the presence of such of the French as could be
found ; and he erected, as a mark thereof, the arms
of England in the chief ports, caus'd the French to be
remov'd to Martinique, and wrote to the Count Blenac,
the French Governor there, to acquaint him with
AMERICA AND WEST INDIES. 179
1730.
what he had done, requiring him not to suffer any
persons within his Government to cut wood, plant,
fish or hunt on Sta. Lucia, without licence from the
Governor of Barbadoes, as appears by Colo. Stede's
letter and by depositions enter'd on record in the books
of the Board of Trade (ap. xx). Count Blenac having
complain'd of these proceedings, the abovemention'd
office was pass'd by Monsr. Seignelay, the effect
whereof was, that King James again asserted his title,
and Capt. Temple was a second time commission'd
to drive off all foreigners from Sta. Lucia, to demolish
their houses, and to destroy their settlements, which
he did, and was actually in possession of the island
in Aug. 1686 (ap. xxi) ; and in the beginning of
Nov. 1686, when the Treaty of Neutrality between
the two Nations was sign'd at Whitehall, the King's
frigot with a fleet of ships from Barbadoes were cutting
timber at Sta. Lucia at that very period of time.
Monsr. Seignelay's letter was fully answer'd by the
Lords of the Committee of Council for Trade and
Plantations. The French pretensions to the island
of Sta. Lucia were then built almost upon the same
foundation on which they now seem to rely, and the
answer then given, pretty near the same with that
which we shall now depend upon. The fact com-
plained of by Monsr. Seignelay was committed during
the time that the Treaty of Neutrality was in agitation ;
for in his letter (ap. xxii), he says, Sa Majeste en a
ete d? autant plus surprize qu' on est (comme vous scavez)
depuis pres (Tun an a concluire un Traite de Neutralite
entre les deux Nations etc. ; yet not one syllable is
mention'd of Sta Lucia in that whole Treaty, which
was sign'd the 16th of November, 1686, some few days
after the date of this letter, and afterwards ratify'd
by both the contracting powers, tho' the French knew,
the King of England was then in possession of that
island. By the 4th Article of this Treaty, it was
agreed that both Kings should hold and retain all
they then possess'd in America, (quoted). And by the
19th Article, (ap. xxiii), the Treaty of Breda is fully
confirm'd in all its articles and clauses ; from whence
we conclude, that as well by the Treaty of Neutrality
as by the Treaty of Breda, your Majesty is clearly
entitled to the island of Sta. Lucia. That the Treaty
of Neutrality was understood to be decisive in that
point, appears (ap. xxi) by the entries in our Office ;
for in March 1686-7, Colo. Stede publish'd it in Sta.
Lucia, as a dependence on his Government, and caus'd
the arms of England to be erected in the most eminent
180 COLONIAL PAPERS.
1730.
places there, by the King's express order. In May,
1687, Commissaries were appointed on both sides, to
put this treaty in execution, and to settle the respective
boundaries of the two Crowns in America ; the Earls
of Sunderland and Middleton, and the Lord Godolphin
in behalf of the English ; Messrs. Barillon and
Bonrepos in behalf of the French ; and we have in the
Appendix (xxiv.-xxx.) annex'd copies of several papers
remaining in our Office upon that subject by which
it plainly appears upon how weak a foundation the
French pretensions to this island stand. We shall
only observe upon these papers, that the whole debate
at that time roll'd upon the twelfth Article of the
Treaty of Breda, (which had been confirm'd by the
Treaty of Neutrality), and as Messieurs Barillon and
Bonrepous both acknowledg'd that we were in
possession of Sta. Lucia in 1664, before the Dutch
war broke out, the then English Commissaries thought,
as we do now, that the right to that island was indis-
putably in the Crown of Great Britain ; and indeed
there is some reason to believe that the French Com-
missaries thought so too ; for notwithstanding they
knew us to be in possession of the island, this Treaty
ended in a Convention for a general cessation of
hostilities between the two Crowns in America (ap.
xxxi). In April 1688, some French being again
crept into the island (ap. xxxii), Capt. Wrenn disturb'd
their settlements, and asserted the ancient right of
the Crown of England. It likewise appears by the
report of the Commissioners appointed by Colo.
Stede (ap. xi), to make enquiry into the King's title
to the Charribbee Islands, dated in 1688, that Captn.
James Walker being some years before, sent by the
Governor of St. Christophers to subdue the Indians
of Sta. Lucia, St. Vincents and Dominico, for the
outrages and murthers by them committed on ye
King's subjects, and finding some French hunting
and fishing upon those islands without licence from
the King, or any of his Governors, he drove them
from thence ; and that after that time the French,
in acknowledgement of H.M. right, frequently repair'd
to His Governor, for licence and permits to hunt and
fish within the limits and bounds of those three
islands. Such was the state of Sta. Lucia at the
Revolution ; and that King William III likewise
asserted his right to this Island, appears by the orders
sent to Colo. Grey, His Governor of Barbadoes in
1699, for upon notice that some French had employ 'd
negro's to clear the ground, and intended to make settle-
AMERICA AND WEST INDIES. 181
1730.
ments there, H.M. renew'd the directions formerly given
Colo. Stede, to advertise the French and all other
foreigners who should pretend to settle on that island,
that unless they would remove, they should be dis-
possess'd by force. Upon which we beg leave to
observe, that these orders were given by King William
about two years after the Peace of Ryswick ; the
Instructions for the same purpose sent by King James
II to Colo. Stede were likewise in time of peace, and
almost all the instances we have hitherto produc'd,
of asserting the British right to this Island, have been
acts done whilst friendship subsisted between the two
Crowns ; particularly the embarkation under the
command of Colo. Carew in 1664, whereby we regain'd
our ancient possession, which was about seven months
before the Dutch War begun. We must likewise take
notice, that about this time the French grew doubtfull
of their ancient pretensions, and began to vary the
plan of their title ; for we find by a memorial presented
to King William in Jan. t^J by the Mareschall Tallard
upon this subject, he places the right to Sta. Lucia
in the Charribbean savages, affirming that by some
former Treaty that Island and St. Vincents had been
allotted them for a retreat ; and as the said King had
taken the said savages under his protection, His
Christian Majesty then demanded those islands might
not be possess'd by the English ; extracts of this
Memorial and of the answer given by the Board of
Trade are annex'd (ap. xxxiv, xxxv). But what
Treaty the Mareschall meant, we cannot conceive,
having never yet seen or heard of any such agreement
between the Two Crowns.
We shall not enter into anything that happen'd
under the reign of Queen Ann, etc., because it is not
pretended on either side, that the late war or the
Treaty (of Utrecht] which put an end to it has in any
sort alter'd the state of this question nor do we find
any pretensions of this kind reviv'd by the French,
during the remainder of that Princess's reign. As
the transactions since that time are of so late a date
that they can't be alledg'd on either side, in support
of a title to the Island, we shall not make a minute
recapitulation of them ; we shall only beg leave to
observe, that his late Majesty had reason to be
surpriz'd at the attempt made upon Sta. Lucia by
the Marshal d'Estree about the year 1719, under
colour of a grant from the French King, and if his
said Majesty to preserve a good understanding between
the two Nations, was content to enter into the
182 COLONIAL PAPERS.
1730.
expedient then propos'd by the Regent, etc., till the
title to this island should be decided, the French
Ministers have no reason to wonder that your Majesty's
servants, ever jealous of maintaining your just rights,
should upon all informations of any change attempted
in this Island, pass the proper offices for redress, more
especially considering the constant desire that Nation
have shewn to possess themselves of Sta. Lucia, some-
times by open force, but offtner by stealth, which has
given occasion for repeated instructions to expel
them, and by the Regent's order of evacuation, 6th
Feb., 1720, it appears that the French had some
families there even before the Marshal [cT Estrees]
descent. It is very probable these people were drawn
thither by the lucre of a clandestine trade with your
Majesty's subjects, as may be collected from the
Count de Broglio's memorial, and it must be allow'd
that Sta. Lucia is very commodiously seated for
such a trade, lying contiguous both to Martinico, and
Barbado's. We shall not at present enter into the
subject of this clandestine trade further than to observe,
that it has been far more detrimental in its conse-
quences to the British Colonies than to the French,
and ought upon many accounts to be prohibited, but
principally because it is this trade cheifly, if not
entirely that has drawn the French to Sta. Lucia,
and it is very probable, that at this juncture the most
Christian King may have more subjects there than
your Majesty, for the Governors of Barbados ever
since 1674, have been instructed not to encourage
any planting nor to grant lands to any person in any
of the Caribbee Islands under that Governmt. except
in Barbados only, without the King's immediate
permission, lest the same shou'd prove prejudicial
to Barbados, which has effectually discouraged the
English from making regular settlements in Sta. Lucia.
We are glad to find the most Christian King is at
last seriously disposed to enter into a final discussion
of this dispute. We trust this report may furnish
your Majesty's Ministers at the French Court with
sufficient proofs, and arguments, for the maintenance
of your Majesty's undoubted right to the Island of
Sta. Lucia, a right of dominion founded on all the
grounds and titles whereby property can either be
acquir'd or maintain'd ; acquir'd by early discovery,
settlement and purchase from the native Indians,
vouch'd by antient patents, commissions, proclama-
tions and ensigns of Sovereignty ; maintain'd by
perpetual claim and actual possession ; ratify'd and
AMERICA AND WEST INDIES. 183
1730.
coiiliriu'd by the Treaty of Breda and that of
Neutrality. Autograph signatures. 38 pp. Enclosed,
234. ii. Extract from Purchas' Pilgrims. IV. 1146. v.
preceding. % p.
324. iii.-vi. Extracts from Pere du Tertre referred to in
preceding, vol. I. pp. 434 ; 5 ; 8 ; 11. French.
15| pp.
324. vii. Extract from Purchas' Pilgrims. IV. 1255.
2% pp.
324. viii. Extract from du Tertre I., 22. French. \p.
324. ix. Extract from reply by Committee for Trade
and Plantations to M. Seignelay. f p.
324. x. Extract from du Tertre, I. 16. French. | p.
324. xi. Extract from Sir Thomas Warner's Commission,
29 Sept., 1629. p.
324. xii. Extract of report to Governor Stede by Com-
missioners for enquiring into H.M. title to Sta. Lucia,
23rd Sept., 1688. l pp.
324. xiii. Extract from Pere Labat (1724 ed.), II. 150, 152.
French. 1 p.
324. xiv. Extract from du Tertre. I. 438. French. % p.
324. xv. Extract from Labat, II., 151, 153. French. lpp.
324. xvi. Extract of grant by King Charles II of a moiety
of the revenue of the Charribbee Islands to Francis
Lord Willoughby of Par ham. 1| pp.
324. xvii. Extract of Instructions of same, 13th June, 1663.
llpp.
324. xviii. Copy of Conveyance by the Indians of Sta. Lucia
to the English. 7 J pp.
324. xix. Extract from du Tertre III, 243, 244. French.
I p.
324. xx. Extract of Instructions of William, Lord Willoughby
of Parham. 1 pp.
324. xxi. Extract of letter from Governor Stede to the
Lords of the Committee of Council, Sept. 18, 1686.
I p.
324. xxii. Extract of letter from same to same, 27th May,
1687. 1 p.
324. xxiii. Extract of letter from M. Seignelay, 19th Nov.,
1686. French. 2 J pp.
324. xxiv. Copy of 19th Article of Treaty of Neutrality
in America, 1686. f p.
324. xxv. Memorial by MM. Barillon and Bonrepos con-
cerning Sta. Lucia. French. Copy. 2J pp.
324. xxvi. Statement of English title to Sta. Lucia (v. supra).
French. 3 J pp.
324. xxvii. Reply of French Commissioners to preceding.
June 15, 1687. French. 7| pp.
324. xxviii. Reply to preceding. French. 2$ pp.
184 COLONIAL PAPERS.
1730.
324. xxix. Reply to preceding. If pp.
324. xxx. Copy of Capitulation of the French at Sta Lucia,
June 23, 1664. French. 1|- pp.
324. xxxi. Memorandum as to following copy in the Board
of Trade records. | p.
324. xxxii. Extract from the Registers of the Council of
Martinique. Supposed to have been delivered by the
French during the negotiations of the Commissaries
in 1688. A great part of it is in du Tertre I. 575.
French. 16 pp.
324. xxxiii. Instrument agreed on with the French Commis-
saries for cessation of acts of hostility and determining
the limits in America, llth Dec., 1687. Copy. 2| pp.
324. xxxiv. Extract of letter from Governor Stede, 25th
April, 1688. | p.
324. xxxv. Extract of Representation of B. of T., 2nd June,
1709. f p.
324. xxxvi. Extract of Memorial by M. Tallard, 1700.
French, l^pp.
324. xxxvii. Extract of Representation of B. of T., 12th
June, 1700. 2 pp.
324. xxxviii. Copy of 38th Article of Instructions of Governor
of Barbados, 28th Feb., 1674. | p. [C.O. 253, 1.
Nos. 55, 56, 56 i.-xxxvi) ; and (covering letter only)
29, 15. pp. 136-176.]
[July 9]. 325. Abstract of preceding report, in Mr. Delafaye's hand.
Endorsed, the original sent to Ld. Waldegrave. Nov. 30, 1730.
7%pp. [C.O. 253, 1. No. 56a.]
July 10. 326. Governor Mathew to Mr. Popple. I transmitt by this
Antigua, opportunity to Mr. Yeamans, Mr. Butler and Mr. Beak as
Agents for Antigua, Nevis and St. Christophers the publick
papers relating to those respective islands, who are to waite
upon you with them, for your laying them before their Lordships
etc. Encloses duplicate of 28th May. Signed, William Mathew.
Endorsed, Reed. 17th Sept., Read 13th Oct., 1730. Enclosed,
326. i. List of enclosed papers. 2| pp.
326. ii. Abstract of public accounts of Nevis, 22nd Oct.,
1724 8th April, 1730. Totals /Receipts, 6423Z.
155. 9fd. ; Expenditure, 5211Z. 175. W^d. Signed,
Edwd. Bridgwater. Endorsed, Reed. 17th Sept., 1730.
l ?PP-
326. iii. Inventory of Stores, Charles Fort, and of stores
wanting for Nevis. Endorsed as preceding, frd pp.
326. iv. Numbers of Christenings and Burials within the
parish of St. Paul, Nevis, 17211729, and fees of
Minister (14s. island money), parish clerk, 3s. 6d., etc.
Same endorsement. 1 p.
AMERICA AND WEST INDIES.
185
1730.
326. v. Deputies employed by the Secretary of the Leeward
Islands. For Antigua, John Catanach ; St. Christo-
phers, James Losack ; Nevis, Charles Bridgwater ;
Montserrat, George French junr., 9th March, 1729.
Signed, Wavll. Smith. Same endorsement. 1 p.
326. vi. List of escheats, fines and forfeitures in Antigua,
29th May, 1722 22nd April, 1729. Signed, Wavll.
Smith. Same endorsement. 2 pp.
326. vii. Account of Madera wines and other strong liquors
imported into Antigua, 5th Jan., 1727 5th Jan., 1730.
Total value, 87881. Is. 8d. Signed, Geo. Byam, Treasr.
Same endorsement, f p.
326. viii. Account of imports, Antigua, 25th Dec., 1720
25th Dec., 1729.
BEEFE
POKK BUTTER HERRING
MADEIRA
WINE
Tierces Barrels Barrels J Barls. Firkins Barrels
Pipes Hhds
i Casks
1720-1721
27
4758
234
293
1267
551
443
3
1721-1722
343
10828
739
440
2785
699
664
I
29
1722-1723
OS
10651
410
135
975
1315
1038
5
9
1723-1724
70
9892
319
502
819
709
1381
10
6
1724-1725
157
8923
298
310
875
1824
939
6
7
1725-1726
194
8290
773
418
2574
1152
879
I
1
1726-1727
KM)
7788
677
312
2228
1798
942
9
10
1727-1728
208
10818
1626
686
2985
2671
1221
38
5
1728-1729
179
8329
717
277
3270
814
934
4
17
WHITE
COCOA
SUGAR
SUGAR
COTTON
WOOL
GINGER
MOLASSES
NUTS
11
H Is ,V
Loaves Tierces Barrels Bags
Pockets
Bags
Hhds
Tierces
Barrels
Bags
1720-1721
671
207
9
64
15
17
309
1721-1722
155
1722-1723
51
1723-1724
300
26
30
20
1724-1725
442
481
34 15
2
77
1
20
34
1725-1726
533
2893
374 115
124
293
42
5
38
38
1726-1727
139
558
52 34
21
279
60
2
4
20
1727-1728
517
78
12 33
28
1
31
118
9
29
1728-1729
364
167
6 75
136
228
17
20
Signed, Wm. Wayne, Coller. and Naval Officer. Same endorse-
ment. 2 pp.
326. ix. Account of Exports from Antigua, 25th Dec., 1720
1729 :
WHITE SUGAR
2D WHITE SUGAR
BROWN SUGAR
Tierces Barrels Hhds. Tierces Barrels Hhds. Tierces Barrels
1720-1721
1460
2619
2190
1721-1722
4459
5243
2904
1722-1723
6279
7005
4140
1723-1724
5395
5527
4018
1724-1725
12
16
14
7575
7185
4718
1725-1726
21
4
24
129
64
2365
3699
2717
1726-1727
16
4953
5090
2832
1727-1728
6
14
12351
8252
4099
1728-1729
27
10470
6284
4244
COTTON
WOOL
GINGER
LIGNUM VITAE
III M
Bags
Pockets
Bags
Barrels
Sticks
Tons
Pounds Butts &
Pipes
1720-1721
500
1576
2299
101
141
1721-1722
1055
2262
2888
276
140
1
1722-1723
674
1391
2976
270
8
1723-1724
378
185
2720
103
18
1724-1725
141
522
2466
27
1394
79
1725-1726
42
317
700
1
1261
12
6800
48
1726-1727
351
1020
1181
44
124
45
1727-1728
352
842
639
65
1728-1729
255
494
919
44
186
1730.
COLONIAL PAPERS.
HUM (Cont.) MOLASSES LIMB JTTIOE
Hhds. Tierces Barrels Hhds. Tierces Barrels Hhds. Tierces Barrels
8
400
- 3
1720-1721
351
589
174
260
272
32
1721-1722
1129
1274
576
420
499
74
1722-1723
1469
1500
798
473
461
134
1723-1724
1035
960
587
301
284
51
1724-1725
1089
899
770
448
322
42
1725-1726
445
381
218
70
99
12
1728-1727
1249
1163
441
208
214
17
1727-1728
2785
1893
718
416
285
15
1728-1729
2565
1570
468
294
226
18
1
1
20 tons and 253 sticks of fustick, one tierce, 2 barrels
and 6 kegs of indigo. Signed and endorsed as preceding.
2 pp.
326. x. Slaves imported into Antigua 25th Dec., 1720
1729. 1720-1, 251 ; 1721-2, 449 ; 1722-3, 584 ;
1723-4, 430 ; 1724-5, 1525 ; 1725-6, 1645 ; 1726-7,
2183; 1727-8, 1365; 1728-9, 2846. Signed and
endorsed as preceding. 1 p.
326. xi. Treasurer's accounts of receipts and expenditure of
the public revenue of Antigua, from Jan. 1726 to
March, 1730. Signed, Geo. Byam, Treasr. Same
endorsement. 20 pp.
326. xi. (a) Numbers of Baptisms and Burials in the parish
of St. Paul, Falmouth, 17261730. 1 p.
326. xii. Numbers of Baptisms and Burials in St. John's
parish, 17211729. 1 p.
326. xiii. Numbers of Baptisms and Burials in St. Philips'
parish, 17211729. 1 p.
326. xiv. Numbers of Baptisms and Burials in St. Peter's
parish, 17211729. \p.
326. xv. Numbers of Baptisms and Burials in other parishes
in Antegoa 1728 March 19, 1730. Nos. xi.-xv.
endorsed, Reed. 17th Sept., 1730. 1 p.
326. xvi. Account of cannon shot in H.M. forts and batteries
in Antigua, and of shot needed. Signed, Robert Weir.
I p.
326. xvii. Account of the state of H.M. forts and fortifications
in Antigua and of the stores belonging thereunto.
1st March, 1729. Signed, Robert Weir. Endorsed,
Reed. 17th Sept., 1730. 1 large folded p.
325. xviii. List of fees paid to George Jennings, Master and
Examiner of the High Court of Chancery, Antigua.
Signed, Geo. Jennings. 1 p.
326. xix. List of Collector's fees, Antigua. 19th Feb., 1729.
Signed, Wm. Wyne, Collr. f p.
326. xx. List of Register's fees as fixed by the Register's
act of Antigua. 10th March, 1729. Signed, Giles
Watkins, Regr. 1 p.
326. xxi. List of fees of the Comptroller of Customs. 19th
Feb., 1729. Signed, Rich. Baker, Compr. f p.
326. xxii. List of Searcher's fees, Antigua, 10th Feb., 1729.
Signed, William Lindsey, Searchr. ^ p.
AMUR 1C A AND WEST INDIES.
187
1730.
July 10.
Antego.
326. xxiii. List of Naval Officer's fees. Antigua, 19th Feb.,
1729. Signed, Wm. Wyne, Naval Officer. p.
326. xxiv. List of fees of Surveyor General. Antigua, 19th
Feb., 1729. Signed, Cha. Dunbar, Surveyr. General,
I p.
326. xxv. Judges' fees, as settled by the General and Council,
Jan. 20, 1701. 16th March, 1729. Signed, Sa.
Watkins, C. Justice. 1 p.
326. xxvi. Marshall's docquett of fees as established, Antigua,
31st Jan., 1703. 3| pp.
326. xxvii. List of fees of the Secretarys of Antigua, as
made in 1704. Copied from the Council Book. Signed,
Wavll. Smith. 3| pp.
326. xxviii. List of fees of the Secretary of the Leeward
Islands, for Antigua, pursuant to the custom and
practice of his predecessors for a great number of
years. Signed, Wavll. Smith. 4 pp. Nos. xviii.
xxviii. endorsed, Reed. 17th Sept., 1730. [C.O. 152,
18. ff. 79, 80, 81, 82v.-89v., QOv., 91, 910., 92.-
94u., 95fl.-100, 101i;.-103, 104-108, 109, 110, 111,
112, H3v., 114, 115-116, 117, 118, 119, 120, 121,
122, 123, 125-1301;., 1810.]
327. Governor Mathew to the Council of Trade and
Plantations. Encloses duplicate of 28th May, but cannot send
duplicates of enclosures then sent, very few of them having been
as yet transmitted to him by the proper officers etc.
Continues : The controversy between the Assembly of St.
Christophers and Wavell Smith Esq. will certainly be revived
on the meeting of the new Assembly. I pray leave to submit
that matter to your Lordships' judgements, and have therefore
transmitted to your Secretary the Minutes of Council reciting
the whole of that matter. Your Lordships will find a majority
of the Council advised me to suspend him from his seat at that
Board, but I have avoided hitherto gratifying them herein till
I could have your Lordships' directions not daring on my own
judgment to give a precedent that may affect the independency
that ought to subsist between those two branches of the Legis-
lature and might be made use of very often hereafter, and for
bad purposes, if on general suggestions only of a Councillor's
misbehaviour in any other station, it should enable an Assembly
to pick out, and garble at that Board as they should think fitt.
A privilege their House, I immagine, would never submit to
vice versa from the Council. It may prevent some further
controversies, if your Lordships would please to give your
sentiments as to a new method introducing of the Assemblys
peremptorily calling before them and examining into the duties
and behaviour of Treasurers, Secretarys, Gunners and all
Officers without any previous application to the King's
188
COLONIAL PAPERS.
1730.
[July 10].
July 10.
Whitehall.
July 11.
Whitehall.
July 11.
Windsor
Castle.
Governours, as well as on the Parliamentary power they claim
of sending for papers records etc., or enabling their Committees
so to do, some debates having arose and been hereon in Council.
1 gave the Speaker of that Assembly before it expired and Mr.
Secretary Smith notice that I should lay this affaire before
your Lordships, that they might if they thought fitt direct at
home proper persons to attend your Lordships with what they
might have further to say to support the respective pretentions.
Signed, William Mathew. Endorsed, Reed. 17th Sept., 1730.
2 pp. [C.O. 152, 18. ff. 132, 133, 1330.]
328. Minutes of Council of St. Christophers upon the
complaint of the Assembly against the Secretary, Mr. Wavell
Smith, 21st April 19th May, 1730. Enclosed in preceding.
Endorsed, Reed. 17th Sept., Read 13th Oct., 1730. Read again
7th July, 1731. 21 pp. [C.O. 152, 19. ff. 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 22u.]
329. Mr. Wheelock to Mr. Carkesse. Mr. Gordon, a
Gentleman lately arriv'd from the Leeward Islands, brought me
letters for my Lords Commissioners and Mr. Popple from Lt.
Genl. Mathew etc., which I send you, to shew you what is contain'd
in the five packets he mentions to have sent by Mr. Gordon,
and which are detained by the Custom House Officers. Requests
that they be brought to the Office where they may be opened
in the presence of a Customs Officer, if necessary. [C.O. 398,
37. p. 313.]
330. Mr. Wheelock to Mr. Hintze. In the absence of Mr.
Popple. Acknowledges letter of llth July. N.S. Continues :
My Lords Commissioners are concerned that you have hitherto
made so small a progress in the affair committed to your charge.
However, such Protestant families as shall be disposed to settle
in Nova Scotia may depend upon having lands assigned them
there, in the manner and upon the terms mentioned in the copy
of Instructions which was delivered to you by their Lordships
order before you left England. [C.O. 218, 2. p. 217.]
331. Duke of Newcastle to the Council of Trade and
Plantations. Transmits following for their report. Signed,
Holies Newcastle. Endorsed, Reed. 14th, Read 15th July,
1730. frd p. Enclosed,
331. i. Sir Alexander Cuming to the Duke of Newcastle.
When Memorialist arrived in Carolina Dec. 6, 1729,
he found the whole Province complaining of want of
Government, and that every person did what he
himself thought fitt etc., so that no person had any
security for life or property, and that if it had not
been for H.M. ships stationed there, and the inde-
AMERICA AND WEST INDIES. 189
1730.
pendant Company, that country must have been
lost by the ignorance, dishonesty, mutiny and
rebellion of the inhabitants before the Ministry here
could be rightly informed of the source of all these
grievances, which arose from the stamping of paper
money without placing the same upon any solid
foundation and then etc., when pressed by new
difficulties, stamping more etc. Refers to mutinous
attacks upon Governor Johnson and Mr. Middleton,
to compel him to stamp more bills. Continues :
It is a common practice for the people to survey H.M.
lands, mark his timber and appropriate the same to
themselves without any colour of authority, and
those who survey the lands, which they claim by
virtue of antient patents are threatned to be knockt
in the head, and never suffered to return. The folly
and ignorance of the people have a raised up a spirit
of mutiny and rebellion as if they were independant
on H.M. H.M. woods are destroyed to make pitch
tarr and turpentine thereof, without paying or thinking
themselves obliged to pay any quit rent for the same.
One person commonly called Turpentine Brown is
said to have cleared to himself 10,0002. by a waste
and destruction of the King's timber for that purpose.
Memorialist represented to them in privat and publick
conversation the arrogance and presumption of this
their behaviour etc. The stamping so many paper
bills has reduced the reputed value of the paper
money to but the seventh part of sterling, so that
H.M. loses six parts of his quit rents and many
merchants in London who gave credit were ruined.
The debtors who make the generality of the Province
and the body of the Assembly are for having more
paper money stamped, whereby they could pay their
debts with half the present value etc. The rise or fall
of the paper money would be equally destructive to
the Province etc. They are in danger of the Blacks
rising up against them, who are six times the number
of the Whites. Proposes that the present issue of
paper money be called in and a Royal Bank instituted
which should issue notes etc. Endorsed, Reed. 14th,
Read 15th July, 1730. 3 closely written pp. Enclosed,
331. ii. Extract of a letter to Sir A. Cuming. May 23, 1730.
Charlestown. Nothing new has happened, but in
relation to our currency, which is the constant dis-
course in all company, We have handed about here
the petition of the merchants trading to this Province,
also the queries and answers sent by Governor Johnson,
being proposed to him by the Lords of Trade : People
190 COLONIAL PAPERS.
1730.
have various thoughts about those answers, but by
most its thought, they are calculated to please the
unthinking populace, who are so much in love with a
currency and with breaking their own laws etc. But
what could be the inducement to the traders in London
to desire the publick faith of this Province
to be broke again, is more than we can discover.
When you left this Province several traders and
planters were forming a bank, which is now agreed to,
there is 25 men concerned, every man subscribes for
2000Z. current money, and is to pay in 400?. of it, the
remainder to be paid in 20 days after a call is made,
or to be deprived of their share and the first payment :
To show the strength of this Bank (whose cash will
only consist of 10,OOOZ. currency equal to 1428Z. 11s. 5d.
sterling) their notes are printed and ready to give
out, and that the stop is the want of cash, most of the
members finding a difficulty to pay in the 400/. and
some of them were obliged to drop their shares for
want of the cash : In a late meeting of those eminent
Bankers, I am told it was proposed, that as it would
be a loss to have 10,OOOZ. sunk in the Bank which they
said would be of no use, they therefore proposed giving
their Treasurer their own primary notes in place of the
paper money which they at first proposed should lie
in Bank. It is easy to foresee those Gentlemen
propose to force their own notes upon us, neither can
we help it without assistance from the Government
at home or yourself, so many trading men joined
together are capable in this small place to make
Guinea money (vizt. cowries) pass current here.
Criticises details of the scheme. Endorsed as preceding.
Copy. 1| pp. [C.O. 5, 361. ff. 133-135*;., 136*;.]
July 11. 332. Mr. Yeamans to the Duke of Newcastle. Encloses
London, following, relating to some settlements the French are carrying
on at Sta. Lucia and Dominica. " The latter place they never
attempted to settle till of late " etc. Signed, John Yeamans.
Addressed. I p. Enclosed,
332. i. Extract of letter from Lt. Governor Byam to John
Yeamans, Agent for Antigua. Antigua, 8th May,
1730. As to ye business of Sta. Lucia, Capt. Toller
and Capt. Davers can give the best account of that
settlement because they have been often there. The
French are now settling Dominico, and my Lord
Londonderry had a very good account from one of
the Cheif of the Indians, nam'd Lord Gray, who is
suppos'd to be in the English interest, that there was
near 800 whites and blacks upon that island ; since
AMERICA AND WEST INDIES.
191
1730.
July 13.
July 14.
Councill
Office
Whitehall.
July 14.
Whitehall.
which I was inform'd there was one planter that
settled there with 40 negroes. They as well as those
of Sta. Lucia plant nothing but provisions as yet,
and do not pretend to any regular Government, but
we are inform'd they increase much in their numbers.
Tis a melancholy reflection to consider the great
strength of our neighbours and our own weakness.
Copy. 1 p. [C.O. 152, 43. ff. 95, 96i;., 97, 980.]
333. Memorial of loss sustained by John Gallwey, owner
of the Tryal sloop, Wm. Hunter master, and her cargo, taken
23rd Aug., 1727, at St. Crux by a Spanish sloop belonging to
Porto Rico. Affidavit by Tobias Wall, that he well knows
John Gallwey, a merchant of St. Kitts, of good credit etc.
Produces following. Signed, Tobias Wall. Endorsed,
First Reed. May 1st, 1730. The original reed, back again
(authenticate at Drs. Commons) July 31st, 1730. 1 p. Enclosed,
333. i. Deposition of John Gallwey. St. Christophers, 30th
April, 1729, that following is a true account. Signed,
John Gallwey. Sworn before Lord Londonderry,
Copy. I p.
333. ii. Account of loss, as above, 655Z. lls. 6d. (" A negro
man and his apparel " are valued at 1501.). Copy.
1 p. [C.O. 388, 89. ff. 58-5Qv.]
334. Mr. Vernon to Mr. Popple. The Lords of the Com-
mittee having this day taken into consideration the draught
of Governor Johnson's Instructions, and some doubt arising
upon the articles about continuing the Paper currency desire
the Lords Commissioners for Trade to attend this day se'night
at eleven of the clock. P.S. You are desired in the mean time
to attend Sir Robert Walpole with the scheem proposed for
sinking the old bills and creating new ones, and to send a copy
to this Office. Signed, Ja. Vernon. Endorsed, Reed., Read
14th July, 1730. 1 p. [C.O. 5, 361. ff. 129, ISOv.]
335. Order of Committee of Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
Ja. Vernon. Endorsed, Reed., Read 23rd July, 1730. 1 p.
Enclosed,
335. a. Lords Commissioners of the Admiralty to the King.
Admiralty Office, 3rd July, 1730. Lay enclosed papers
before H.M., " that such directions may be given for
the support of the Admiralty jurisdiction, wherein
the interest of your Majesty's trading subjects is so
nearly concerned, and preventing such irregular
practices for the future, as shall seem most proper "
etc. Signed, Jo. Cokburne, Cha. Wager, Tho. Frank-
land, T. Winnington. Copy. Ifjpp.
192 COLONIAL PAPERS.
1730.
335. b. Sir Henry Penrice, Judge of the High Court of
Admiralty, to the Lords Commissioners of the
Admiralty. June 10, 1730. Report upon the follow-
ing papers referred to him by them " containing letters
etc. by Lt. Gov. Gordon and David Lloyd, Chief
Justice of Pensilvania, and Joseph Brown Esq., Judge
of the Vice Admiralty Court, who has severall times
attended me etc., by whom, and which, it does appear,
that there have been great disputes between them,
and that the said Brown has suffered sevll. hardships
and been much discountenanced in the execution of
his office. And it being their Lordships desire that
I should give my opinion what methods may be most
properly taken for the effectual support of the Admty.
jurisdiction in that Government, I do humbly report
that, etc., the Court of Vice Admty. there is established
there by H.M. sole authority. Prosecutions by the
Officers of the Customs are directed to be brought
in those courts etc. Paper No. i contains the pro-
ceedings against sundry goods as forfeited upon an
information brought by Mr. Moore, Collector of the
Customs who seized those goods ; and no claim
appearing they were condemned according to the
course of the Court, 21st Feb., 1726, as forfeited, " to
be divided according to the statute in thirds, to the
King, the Governor, and the Informer, first deducting
the fees of Court, and all other contingent charges,
and it is further decreed that the goods so condemned
shall be exposed to sale by publick auction by Mathew
Prior (rectius, Pratt) Marshall of the Court " etc. This
sentence I conceive to be agreable to the law and
practice etc. But the Governor, Patrick Gordon, as
Chancellor of the Province thought fit by his injunction
(No. ii) to command Jas. Brown, Mathew Prat and
the other officers under the penalty of 2000/. not to
proceed further in putting this sentence in execution
etc. Brown petitioned him (No. iii) to suffer him to
proceed etc., but Governor Gordon ordered the goods
to be divided into three parts, one of which he himself
took in kind, another Mr. Moore took as Informer,
and the King's third was put up to sale (No. iv) etc.,
by which means I conceive the Governor by an high
hand prevented Mr. Brown from putting his sentence
in execution. As to the fees of 7| p.c. which are
insisted upon by Mr. Brown to be the usuall fees taken
by the Judge of the Vice-Admty. of Pensilvania upon
all condemnations, I find by a certificate under the
hand of Sr. Wm. Keith, the late Governor (No. v),
that Mr. Brown reed, the fees of 7| p.c. upon all
AMERICA AND WEST INDIES. 193
1730.
condemnations while he was Governor etc., and that
he always understood such fees had been received
by his predecessors and likewise at New York and
New Jersey etc. It likewise appears (No. vi), that
such fees had been reed, by Mr. Bridges, Mompesson,
Morris and Heathcott, men of great character, and
that without any ordinance, or other authority than
their own appointment. Such fees not being according
to our table of fees here, nor according to the course
of H.M. High Court of Admiralty, all that I can say
in justification of them is, that it seems to be the
practice of the Vice Admty. Courts in America : but
Gov. Gordon by his own sole authority, thought fit
to reduce the fees to 3| p.c. etc. (No. vii). It is there-
fore submitted to my Lords Commrs. as a
matter worthy their consideration, to settle the said
fees etc. It does appear from the process (No. viii)
that an information was brought in the Court of
Admiralty before Isaac Miranda, deputy to Mr.
Browne, by Danl. Moore, Collector, against the scooner
Sarah in July, 1727, as forfeited by the Acts of Trade,
but before anything had been determined therein Mr.
Moore himself thought fit to move Governor Gordon
as Chancellour for an injunction to stop proceedings
in the Admty. Court suggesting that Joseph Browne
had revoked his deputation to Miranda and that he
himself was a prejudiced person and therefore an
incompetent judge, and that it was dangerous to
permitt the said Joseph Brown to make any pro-
ceedings upon the said seizure (No. ix). Whereupon
Govr. Gordon grants an injunction (No. x) etc., and
gives for the reason that " Moore in the prosecution
of such seizure was unjustly prevented and put to
unnecessary charges by Browne, who has given just
grounds to suspect his intention of shewing unjust
favours to the reclaimers of the said seizures, whereby
Browne is rendered incompetent to take cognizance
thereof." It appears to me from the affidavit of N.
French (No. xi) that the trial of the Sarah commenced
before Miranda etc., and that Browne upon advice of
the great irregularity of Miranda's proceedings, revoked
his commission and appointed a day to try the vessell
himself at the petition of Mr. Bainton who claimed
the same ; but was stop'd by the injunction of Govr.
Gordon ; that the Govr. afterwards dissolved the
injunction without any hearing thereon, or inquiry
into the corruption of Browne ; that he was afterwards
sollicited by Bainton to try the vessell, but on account
of the aspersion upon him he openly refused it ; and
C,P. XXXVII-J3
194 COLONIAL PAPERS.
1730.
the vessell was some months afterwards tryed and
acquitted by the Court of Common Pleas. It appears
to me from the sd. affidavit and likewise from a letter
of Sir Wm. Keith (No. xii) and a certificate (No. xiii),
that Joseph Browne has been esteem'd a very honest
man both in his publick and private capacity : and
for the space of three years during which he has resided
in the Province, he has acted as Judge of the Vice
Admty. with great integrity. Yet notwithstanding
such his behaviour, it appears from the affidavits of
Sprogell and Palmer (No. xiv) that Govr. Gordon
brought a civil action for scandall against Browne
upon which he was committed to prison 24th Aug.,
1727 ; that Sprogell, one of the Representatives, and
Palmer one of the Justices of the Common Pleas offer'd
themselves to bail for Browne, but were refused, Biddle
the Keeper telling them, that it was the special command
of the said Governor not to admitt Browne to baile ;
and when the Sheriffe represented to the Govr. the
illegallity of such commands, the said Govr. said, he
would protect the Sheriff right or wrong, and that
he expected to be obeyed. Such are the difficulties
that Joseph Brown etc. labours under that I likewise find,
David Lloyd Esq. Judge of the Supream Court issu'd
a prohibition (No. xv) to Jos. Browne as Judge of the
Vice-Admiralty Court to dismiss a cause of David
Lupson even before it was received by the said Court
to prevent his taking cognizance. By the proceedings
therefore of Patrick Gordon Esq. as Governour and
likewise as Chancellour by way of injunctions, and
by the proceedings of the Supream Court by prohibition
the jurisdiction of the Vice- Admiralty Court is very
much discountenanc'd, and superseded as often as
they please. It being their Lordships directions to
me, that I should give them my opinion what methods
may be most properly taken for the effectual support
of the Admiralty jurisdiction in Pensilvania, I do
humbly report etc., that the most proper method
will be by application to His Majesty in Council, and
I find that method has been taken before by the
Lords Commissioners in a like case, vizt. that of Mr.
Robert Quarry, Judge of the Vice Admiralty of
Pensilvania in 1699 etc. (Nos. xvi-xix). And I do
humbly conceive that it is for H.M. service, that the
jurisdiction of the Vice- Admiralty Court be supported,
and in order thereto it seems necessary, that the family
of Mr. Penn now interested in the Government of
Pensilvania be directed by H.M. in Council to give
effectual Instructions to the Lt. Governor for the
AMERICA AND WEST INDIES. 195
1730.
time being to protect, countenance and support the
Vice- Admiralty Court there in their just and legal
rights and to prevent incroachments from the Common
Law Courts of the said Province upon the Admiralty
Jurisdiction. Signed, H. Penrice. Copy. 9| pp.
335. i. (a) Proceedings in the Court of Vice-Admiralty,
Philadelphia, 2nd Feb., 1727, upon a seizure libelled
by John Moore, Collector, v. preceding. En-
dorsed, Reed, from Mr. Browne, 23rd July, 1730. Copy.
5 J pp.
335. ii. Injunction by Lt. Governor Gordon as Chancellor
1727. v. No. i. Same endorsement. 1 p.
335. iii. Petition of Joseph Browne to Lt. Gov. Gordon,
5th Feb. 1726(7). v. No. i. Same endorsement. 2 pp.
335. iv. (a) Mandate to Messrs. Owen, Fraser and Leech
by Lt. Gov. Gordon, 23rd Feb., 172$, for the division
of the forfeited goods into three lots in presence of the
Mayor and Sheriff, etc., and the sale of H.M. third and
payment of same into the hands of John Moore,
Collector, with deposition by Ewen Owen,' William
Fraser, merchants of Philadelphia, and John Leech,
Vendue Master, that the same was done. Copy. 2 pp.
335. iv. (b) Lt. Gov. Gordon to Mr. Burchett. Philadelphia,
July 7, 1727. States his case in answer to the com-
plaint preferred against him by Mr. Browne, who has
always shown himself a great party man of his pre-
decessor, Sir W. Keith. Continues : The Collector, Mr.
Moore, made a seizure in Dec. which he lodged in his
warehouse. Some disputes having formerly arisen
between the Collector and Deputy Judge occasioned a
delay in the trial of this seizure. Mr. Brown suspecting
that the Collector would get the seizure condemned
in our Court of Common Pleas here applied to me
that I should interpose with the Collector, that the
seizure might be brought into the Court of Admiralty,
which I accomplished, and at the same time told me,
lest the Collector should make any objection to his
fees, I should cutt and carve in them as I pleased, etc.
Enclosed proceedings show that he condemned the
seizure on llth Feb., but so soon as he discovered the
Collector had no inclination to trust him with the
goods, he upon the 22nd following, the more plausibly
to effect his design of having them in his power, con-
demned the seizure again, and very materially altered
the former decree, and sent to the Collector to have
the goods delivered to his Marshall, in order to be
sold by him, this man is his footman, wears his livery,
is a bought servant, if not a transported convict, and
is of the Judge's own appointment etc. The master
196 COLONIAL PAPERS.
1730.
and the man are equally rich, and therefore how unsafe
it would have been to have trusted them with such
a cargoe I leave you to judge. But to obviate every
objection that Mr. Brown might make against the
Collector, I ordered that the goods should be divided
by two merchants and the vendue master etc. (v. No.
iv). Continues : I then sent for my third in kind,
the Collector took his, and the King's third was
publickly sold to the highest bidder etc. After the
Collector and I had taken our shares of the goods,
Mr. Brown had offered a sham security for his Marshall,
in case the goods should be delivered to him for sale,
but the bails offered were no more solvent than the
Judge or his Marshall etc. I know of no law that
oblidges me to dispose of my share, if I incline to take
it in kind. Mr. Brown fancied, if his Marshall sold
the goods, he would have been entituled to 5 p.c.,
besides 7| p.c. he demanded for the condemnation etc.
which would have considerably diminished H.M.
share and your humble servant's. Although there is
no law in the Province regulating the fees of the
Admiralty Court, etc., I allowed him 3| p.c. according
to the appraised value, (as is customary in New York)
besides the fees to other officers of that Court etc.
He is now oblidged to quit this place on suspicion of
debt, after having sold his Marshall, and by what
right I know not has deputed one Isaac Miranda,
whether a Jew or a Christian I am uncertain, to act
in his post etc. Signed, P. Gordon. Same endorse-
ment. Copy. 4 pp.
335. v. Certificate by Sir W. Keith that, during his Governor-
ship, Joseph Browne received the fees of 7| p.c. for
condemnations etc. Concludes : I always understood
such fees had been received by his predecessors, as
well as by the Judges of Vice-Admiralty in New York
and New Jersey etc. without objection. 16th Dec.,
1729. Signed, W. Keith. Same endorsement. Holo-
graph. 1 p.
335. vi. Mr. Harison to [? Mr. Browne] New York, Feb. 15,
172. Reply to questions as to procedure in the
Admiralty Court. Fees of 7^ p.c. of all goods con-
demned were received in New York by Mr. Bridges,
Mr. Mompesson, Mr. Morris and Mr. Heathcote, all
men of great character, and that without any other
authority than their own appointment etc. By a
recent ordinance setling the fees of the Admiralty
here, the Judge is entitled to 3| p.c. upon condem-
nation or acquittal, etc., Signed, Fra. Harison. Same
endorsement. Holograph. 3 pp.
AMERICA AND WEST INDIES. 197
1730.
335. vii. Bill on the seizure taxed by Mr. Browne in accordance
with the Governor's regulation etc. Same endorsement.
I p.
335. viii. Proceedings in the Court of Vice-Admiralty, New-
castle, Pa., 28th July, 1727, before Isaac Miranda,
Depty. Judge, in the case of the schooner Sarah, Daniel
Moore, informer. Upon the motion of the defendant
the case was adjourned to the Court at Philadelphia,
on 7th Aug. Same endorsement. Copy. 6f pp.
335. ix. Bill in Chancery, brought by Daniel Moore, for an
injunction to stop proceedings in the Vice- Admiralty
Court etc. (v. No. i). 23rd Aug., 1727. Signed, Pet.
Evans. Same endorsement. Copy. 21 pp.
335. x. Injunction granted by Lt. Gov. Gordon, v. preceding
and No. i. Signed, P. Gordon. Same date and
endorsement. Copy. 4| pp.
335. xi. Deposition of Nathaniel French of Philadelphia,
5th May, 1730. v. No. i. Signed, Nath. French. Same
endorsement. 1 p.
835. xii. Sir W. Keith to Joseph Browne. 14th May, 1730.
I am sorry that the common civilities which I shewed
to the Judge of the Vice Admiralty while I was
Governour, should give the least occasion to charge
you with missconduct etc. [I did] only such things
of course, which I plainly understood to be the
Governour's duty. But it ought to be considered
from whence these malicious and false insinuations
arise, for when you was charged by Mr. Gordon with
an intention of partiality and corruption, which
produced an extrordinary prohibition from him as
Chancelor to proceed on the trial of the Sarah etc.
(v. Nos. i., viii-x), it cannot be forgot how without
any application on your part, or further enquiry into
the mater, that irregular proceeding was drop'd, and
you again solicited by the Governour and his creatures
to reassume your authority in order to bring the same
vessel to tryal, which in my opinion you very prudently
refused, until the just rights of the Court of Vice-
Admiralty should be establish'd on some footting that
would secure it from such arbitrary incroachments ;
And indeed unless something can be effectually done
therein, the Admiralty jurisdiction in that Province,
will avail but litle in supporting the rights either of
the Crown or the subject, etc. Signed, W. Keith.
Same endorsement. Holograph. Addressed. If pp.
335. xiii. Testimonial by inhabitants of Philadelphia to Mr.
Browne, who has acted for three years as Judge of the
Vice-Admiralty Court with great integrity etc. 74
signatures. Same endorsement. If pp.
198 COLONIAL PAPERS.
1730.
335. xiv. (a) Depositions of Lodowick Christian Sprogell of
Philadelphia merchant, and Anthony Palmer. Sept. 19
and 20, 1727. v. No. i. Signed, L. C. Sprogell,
Antho. Palmer. 2 pp.
(b) Certificate by Ralph Anheton, Public Notary,
that Thomas Lawrence before whom above depositions
were taken is a Justice of Peace and Alderman of
Philadelphia. 21st Sept., 1727. Signed, Ralph
Anheton. Seal. The whole endorsed as preceding.
21 pp.
335. xv. Injunction by David Lloyd, Chief Justice of the
Supreme Court, directing Mr. Browne to dismiss the
cause brought by David Lupton master of the sloop
Phoenix for his wages etc. 26th Sept., 1727. v. No. i.
Signed, Josa. Lawrence. Same endorsement. I p.
335. xvi. Lords Commissioners of the Admiralty to the Lords
Justices, transmitting a complaint by Robert Quary
Judge of the Court of Admiralty of Pennsylvania,
12th June, 1699. v. C.S.P. 1699. No. 574 i, ii. Same
endorsement. Copy. 1 p.
335. xvii., xviii. Orders of Lords Justices in Council upon
preceding, v. No. i. Copies of C.S.P. 1699. Nos.
574, 749. Same endorsement. 1| pp. [C.O. 5, 1267.
ff. 135, 136-141*;., 144y., 146-1530., 154u., 155, 1560.-
159, 161-164, 1650.-180, 181a.-183, 184, 184,0. 1850.-
189, 1900., 191, 1920.-1930., 1940.]
July 15. 336. Memorial of loss and damage (9571. 15*. 8d.) sustained
by Clement Cheesman deed, owner of the ship Mary and cargo
seized by a Spanish privateer off Lisbon in 1727, on voyage to
Lisbon and Newfoundland. With invoices, proceedings, letters
etc. 15 pp. [C.O. 388, 90. ff. 70-72, 73-5, 76-77, 78-79.]
July 26 337. Mr Hintze to the Council of Trade and Plantations.
Rotterdam. Acknowledges letter from Mr Wheelock. Continues : I hope
your Lordships wont condem me when I lay the necessities
I was under to proceed as I did for had I gone to the Dominions
of the Elector Palatine without employing an A[n]gent here
in Rotterdam to make interest in Franckfort I shou'd have been
taken up and rendered incapable of doeing any service to H.M.
on this occasion etc. Hopes to procure 500 Protestant families
of the best substance in that country to become planters in
Nova Scotia etc. Asks for letter to agent confirming his
Instructions. Signed, Dan. Hintze. Endorsed, Reed., Read
22nd July, 1730. Addressed. Postmark. Seal. 1| pp.
[C.O. 217, 5. ff. 203, 2030., 2040.]
AMERICA AND WEST INDIES.
199
1730.
July 16.
Windsor
Castle.
July 16.
July 17.
July 18.
338. Mr. Delafaye to Mr. Popple. Encloses following to
be considered with Sir A, Cuming's proposal for erecting a
Bank in S. Carolina etc. Signed, Ch. Delafaye. Endorsed,
Reed. 17th, Read 22nd July, 1730. 1 p. Enclosed,
338. i. Sir A. Cuming to the King. In order to secure the
obedience of the Cherokee Nation until your
Memorialist should know your Majesty's further
pleasure, he appointed one head warrior, Moytoy, as
Chief over the whole nation, that he might answer
for the conduct of the whole people, to this all their
Kings, Princesses and Head men consented.
Memorialist undertook to answer for them at the
peril of his head, to lead them to war against their
enemies, and give them such rules, as should make
them a great and good people, if your Majesty con-
sented to the same. He designed that hereafter none
should obtain any title of warr without having first
signilised himself in your Majesty's service, and that
any act to the contrary should degrade even their
Kings and Princesses. Memorialist is willing to run
all risks in living among them for three years, and
thereby promote your Majesty's suite etc. Believes
that this nation may be made very useful and not
dangerous, with proper discipline and good usage,
whereas hetherto they have been dangerous without
being useful. Submits whether the power that forms
them ought not to be as unlimited as what they them-
selves have given him, and answerable only to H.M.
1 p. [C.O. 5, 361. ff. 139, 140, 141w.]
339. Memorial of loss and damage (107J. 185. 6d.) sustained
by Francis Gourdon, London, owners of goods consigned to
John and James Alvord of Boston, N.E., and of John
Pitts of Boston for goods (249Z. 185. 0|d.), shipped and taken
in the ship Anne by two Spanish men of war in the English
Channel, May, 1727. With invoices and affidavits. 18| pp.
[C.O. 388, 90. ff. 34-35, 36, SQv., 38-42, 60-63u.]
340. Memorial of loss and damage (2762J. 105.) sustained
by Richard Score & Co. of Barnstable and Bideford, owners of
the Neptune galley, built at Boston, N.E., for him, Mr. George
Strange of Bideford and Mr. Pitt of New England etc., seized
by the Spaniards at Corunna on her voyage thither from Bide-
ford and Newfoundland, 25th Sept., 1718. With inventory,
[C.O. 388, 90. ff. 56-57, 58-590.]
341. Mr. Sharpe to [? Duke of Newcastle]. The Lords
Commissioners for Trade having sent into this Office, a state
of the paper currency in S. Carolina, to be presented to the
200 COLONIAL PAPERS.
1730.
Committee on Tuesday, I think it my duty to lay the enclosed
copy of it before your Grace. Signed, W. A. Sharpe. 1 p.
[C.O. 5, 36. /. 7.]
July 20. 342. Governor Johnson to the Council of Trade and
Plantations. Recommends the proposal of Jean Pierre Purry
(v. 9th July). Signed, Robt. Johnson. Endorsed, Reed. 20th,
Read 22nd July, 1730. 2 pp. [C.O. 5, 361. ff. 137, I37v.,
July 21. 343. Galfridus Gray to Mr. Popple. According to your
order I am attending to speak to the affair of stoping the
Spanish riches when we please a thing of the greatest conse-
quence to the British Nation, with respect to the enlargment
of our power and trade. Please to give me leave to speak to it,
and I will shew how certain it is, also how easy it is to be done.
Signed, Galfridus Gray. 1 p. [C.O. 323, 9. /. 46.]
July 21. 344. Order of Committee of Council. Upon reading
representation of 23rd May etc., ordered that the Council of
Trade and Plantations enquire of Lord Carteret what value
he sets upon his eighth part of Carolina etc. Signed, Ja. Vernon.
Endorsed, Reed. 24th, Read 28th July, 1730. 1| pp. [C.O.
5, 361. ff. 142, 142t;., 1480.]
July 21. 345. Order of Committee of Council. The Council of Trade
and Plantations are to make the following alterations in the
draught of Instructions for Governor Johnson : (i) Robert
Wright to be a Councillor in lieu of Benjamin Schenckingh,
(ii) the Governor is to be empowered in general terms to assent
to a law for a new paper currency, with a clause suspending its
execution until H.M. pleasure be known, (iii) No office to be
executed except by H.M. or the Governor's Commission etc.
Set out, A.P.C. III. No. 198. Signed and endorsed as preceding.
l\pp. [C.O. 5, 361. ff. 144, 144i;., 145i;.]
July 22. 346. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Refer to petition of Mr. Waldo and
" the claim of the Massachusets Bay, that their Province is
intitled by Charter to the government of the lands even to the
River of St. Croix, though they do acknowledge that they have
no power to make grants of lands there, without H.M. per-
mission." Continue : The title to the Government as well
as to the property of the soil of the tract contended for, is of
very great consequence, because lands in those parts in respect
to their produce, harbours and fishery, are of more value than
any others in that part of America, and will produce consider-
able quit-rents, if they do belong to H.M. Wherefore we think
it both for the advantage of ye publick, and of ye particular
AMERICA AND WEST INDIES.
201
1730.
persons claiming a right therein, that the title shou'd be ascer-
tain'd with all convenient speed. But ye decision of this matter
will intirely depend upon questions in ye law, relating to ye
effect of certain clauses in ye Massachusets Charter, and likewise
to the validity of divers antient grants from ye Council of
Plymouth in ye reign of K. James I, and of purchases from the
Indian inhabitants. We desire your Lordps. would be pleased
to order your Sollicitor to attend us, that he may inspect ye
sd. Charters, grants and purchases, and thereupon receive
directions from us, for forming the state of a case to be laid
before H.M. Attorney and Sollicitor General for their opinion
in a matter of this consequence to the publick. [C.O. 5, 916.
pp. 392-393.]
July 23. 347. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following, to be laid before the King.
Annexed,
347. i. Same to the King. Representation upon Mr. Purry's
proposal for settling 600 Swiss Protestants in S.
Carolina, receiving for himself 12,000 acres free from
quit rents. Continue : Whereupon having consulted
with Colonel Johnson etc., considering that the present
quit-rents upon 12,000 acres of lands there would only
amount to 18 sterl. per ann., we are humbly of
opinion it might be for your Majesty's service, that
ye sd. Purry's request in this particular should be
comply'd with ; that the sd. Swiss, or at least so
many of them as are of a competent age for that
purpose upon their arrival in Carolina respectively
do take the usual oaths of allegiance to your Majesty.
That after they shall have taken the said oaths, lands
be assigned them by your Majesty's Governor, where
they shall dwell together in one or more townships,
in such place and manner as may be most for the
security of the said Province. That the said Purry
shall not be intituled to the 12,000 acres till the service
undertaken by him shall be fully performed, and that
it shall appear to your Majesty's Governor there, by
certificates from one or more Officers of the Customs
in that Province that the said Purry hath imported
or caused to be imported into South Carolina 600 Swiss
Protestants, including men, women and children,
within the term of six years to be reckoned from Xmas
Day next etc. Will prepare Instructions, if H.M.
approves. [C.O. 5, 400. pp. 377-381.]
July 23. 348. Lt. Governor Gooch to the Council of Trade and
Virginia Plantations. Encloses acts and proceedings of the last session
Wmsburgh. of Assembly> which ended on the 9th of thig mont h, with ail
202 COLONIAL PAPERS.
1730.
answer to the several queries, and the old seal of this Colony."
Continues : But because the Biddeford man of war, in which
they are designed, the Captain having stayed some time for
them, is in hast to be gone, I shal without further preface go on
to such remarks as I judge necessary to explain the occasion
and scope of these laws etc. Continues : No. i. In pursuance
of H.M. 93rd Instruction to me, for providing a law for encourag-
ing religion and morality, and discountenancing of vice, an act
is passed whereby the former laws against sins and offences are
more strongly enforced, and a more speedy remedy given for
recovering the penaltys, and for bringing the offenders to
punishment, by obliging the Churchwardens of the parishes to
present offenders from time to time, and making such present-
ment of equal force to ground a prosecution, as an indictment
found by a Grand Jury, there is also by this act a jurisdiction
given to the General Court to take cognizance of marriages within
the Levitical degrees, and to declare such null ; and also to
punish all persons who either by marriage or otherwise are
guilty of incestuous copulations. This act being made in exact
conformity to the statutes of England, and necessary to restrain
such wicked practices which by no Court or Law heretofore
established in this Colony were punishable, I doubt not will
meet with your Lordships' approbation. No. ii. The act for
amending the staple of tobacco and preventing frauds in H.M.
Customs, was become so necessary, that without some measures
for preventing the exportation of trash, and the scandalous
practice of running tobacco in Great Britain without paying any
duty, the people of this country must either have been obliged
to turn their hands to some other manufacture or be entirely
ruined etc. Refers to his former letters (v. June 29, 1729 etc.).
Continues /The condition of the planters is no way mended
since that time, but rather grown worse : Wherefore I thought
it became me to propose to this Assembly the scheme I, the last
year, laid before your Lordships, and it has been so favourably
received that an act is now passed, which tho' not in every article
the same with my scheme, yet all the essential parts of it are the
same, for, 1st, by this all tobacco is to be brought to publick
warehouses to be viewed and approved by three sworn Inspectors,
and to receive their stamp before it can be ship'd for exportation,
or paid away for any publick or private debt. 2nd. All bad or
unmerchantable tobacco is to be seperated and burnt, without
suffering it ever to be removed from under the Inspector's view.
3rd. Bulk tobacco is prohibited to be waterborn even in the
country ; and the masters of the ships are to be sworne not to
receive any such on board, but all tobacco must be taken on
board in hogsheads casks or cases stamp'd at some of the
warehouses. 4th. The planters are now under no restraint,
but are to make, rich and poor, as much tobacco as they can ;
and as the quantity is to be lessened by destroying the trash,
AMERICA AND WEST INDIES. 203
1730.
thus far the act guards against the exportation of bad tobacco.
5th. Then for the better preventing of frauds in the Customs,
which has been long practiced as well by carrying tobacco in
parcels as by breaking the casks and running the tobacco whilst
the ships are unlading ; the nett weight of each hhd. of tobacco,
and the tare, is to be stamped on the hhd. here by the Inspectors,
so that by comparing the weight at the King's beam with that
mark'd here, it may easily be discovered whether any or how
much hath been pillaged in the voyage, which no doubt will be
runn to save the duty, but besides this the master of every ship
is obliged to deliver to the Naval Officer a manifest of his
lading, with the particular weight of each hhd. on board as it
is stamped, and this is to be annexed to his plantation certificate,
and to be produced therewith to the Collector of that port where
the ship unlades in G. Britain ; and for a further security, a
general invoice of all the tobacco on board every ship in the
Colony is to be made out by the several Inspectors yearly, and
transmitted by the Naval Officers to the Commissioners of the
Customs in London. By this means, not only the masters of
ships will be deterr'd from running the tobacco ymselves, but
they will be more watchful to prevent its being done by the
sailors ; and if any such practices should be continued, the
Collectors of the several ports will be able to call the masters
to account for it ; or if they should prove negligent in their
duty, the Commissioners of the Customs will be qualified to
discover the fraud, and know on whom it ought to be charged.
So that I hope these regulations will effectually put a stop to
that pernicious practice of running tobacco without paying the
duty, which has been no less injurious to the fair trader, than
prejudicial to H.M. revenue. And in order to render this trade
more easy to the British owners, care is taken by the law that
the tobacco shal be put on board by the country freighters for
no greater allowance than four shillings pr. hhd., whereas it is
generally computed that the charge of sloop hyre, men's wages
and victuals for bringing on board the tobacco heretofore, and
at this time, has amounted to six and sometimes seven shillings
pr. hhd. etc. I must confess in my scheme I proposed but two
shillings, intending thereby to ease the trade as much as possible ;
for if I had laid it at four which is very reasonable, the House of
Burgesses, knowing the charge and trouble the ships are at
present willingly exposed to for their lading, would most
certainly made it six ; when the bill passed the lower House it
was at 5s. but by an amendment from the upper House, which
was with difficulty obtained, it was brought to 45. and I must
say happily agreed to, besides, the ships' crews are freed from
that intolerable drudgery they have constantly undergone of
rolling tobacco from the planters' houses to their boats, fre-
quently the occasion of sickness among them, and great delay
of their voyages ; for now the masters of ships have no other
204 COLONIAL PAPERS.
1730.
service for their men than to stow the tobacco as fast as it is
brought on board, which will undoubtedly be an encouragement
to sailors to engage for less wages, and will prevent their desertion
to which they are often tempted by their hard service, and the
oppertunity of being far distant from their ships. And as it is
not to be questioned but that every freighter will get his tobacco
on board as speedily as possible in hopes to have it at the
market as soon as his neighbour, so it is certain, the ships will
by this means meet with a much quicker dispatch in their lading,
which besides preserving them from the worm, will save a con-
siderable charge in wages and victualling. Another consider-
able advantage to the owners of ships is, that by this law all
the hhds. of tobacco are to be of the just size, or otherwise not
suffered to be ship'd. Great complaints have been made by
the masters of ships, and not without reason, of the extravagant
bulk of the hhds. which broke their stowage to that degree that
in some voyages they could not carry so much by several tuns
as in other voyages, yet, as these large hhds. belonged to con-
siderable freighters, the masters durst not sue for the penalty
for fear of losing their freight for the future ; but now that the
Inspectors are obliged on their oaths to reject as unlawful all
tobacco pack'd in casks of larger dimensions than the lawful
standard, no such loss or inconveniency can happen to the
masters or owners during the continuance of this act. I know
no objection that can be made against this law, except it be on
the score of paying 4s. pr. hhd. for putting the tobacco on
board, because it thwarts the interest of some masters of ships
who have sloops and flats of their own, which they imploy
to lade their ships, charging their owners what hyre they think
fit and rarely at the lowest price : in like manner, where they
are obliged to imploy other sloops, besides their own, they have,
as I am told, I am loth to speak amiss of them, some advantage
in paying the hyre here in the currency of the country, and
receiving it again in sterling at home whereby they gain 15 or
20 pr. cent. Such men as these I am engaged to arm your
Lordships against, because they may probably exclaim and
oppose this allowance of 4*. as an extravagant charge ; But
let them produce their accots. of their sloop and boat hyre for
their several voyages, and add thereto their men's wages and
diet, and the wages of those supernumerary sailors they are
often obliged to hyre in the country, and then it will appear
that this allowance is abundantly less than they now pay for
the like service ; And if any such objection should be offered
to your Lordships, I beg you will be pleas'd to call for the
accots. of the charges of the Williamsburgh the last voyage ;
of the Amity, Capt. Wills ; of the Gooch Capt. Pack ; which
will evince the truth of what I assert, that tobacco hath never
yet been brought on board for so small a charge as is proposed
by this act. Besides, I have spoken with many merchants
AMERICA AND WEST INDIES. 205
1730.
and masters of ships, as well of London as the out ports and
North Britain, who all agree that it is a very moderate recom-
pence, and such as they would be always willing to give, and
that their lading never cost them so little. I must not pass over
another clause in this bill, which will shew your Lordships how
much the Assembly have indulged the British merchants and
adventurers, by allowing them all the liberty they had before
of purchasing the planters' tobacco before it is carried to the
warehouses, to transport it in their own boats and by their own
seamen as well to their prizing houses, as to and from the
publick warehouses. Whereas the planters and gentlemen of
Virginia who send their own tobacco home on freight are not
permitted to make use of the boats or seamen belonging to any
of the ships, tho' the masters of the ships would often be willing
to carry it gratis to the Inspectors for the sake of the freight.
But herein the Assembly chose to lay an unequal restraint on
the people of the country, rather than any of the ends proposed
by this bill should be defeated ; leaving the merchants and
factors to manage their purchased tobacco in their own way,
with no other restriction than that it must at last pass under
the view and approbation of the Inspectors, before it be put on
board for exportation. The advantages proposed to the people
of Virginia by this act, are, the preventing the pillaging their
hhds. by the sailors, and an honest delivery of what is ship'd
here ; a just payment of all publick dues to the clergy, publick
officers and creditors ; and the raising the value of their staple
by suffering no tobacco to go to the markets at home, but what
is really good, to which the precautions for preventing the
fraudulent running to deceive the King in his Customs will not
a little contribute, for since it is found by experience that good
tobacco will always fetch a good price, if the market is not
clogg'd with that which is bad ; so when none but good tobacco
is sent home, and all men are on an equality with respect to the
payment of the dutys, there will be no encouragement to
undersell one another. To conclude, the interest of the Crown
is so interwoven with that of the parties concerned, by the
regulations established in this bill ; and the trade and shipping
of G. Britain render'd so easy, and all founded on the principles
of justice and honesty, that I am in hopes it will meet with no
opposition from the Virginia merchants or any other : but if
any objections are made to it before yr. Lordships I beg your
Lordships to give me leave to explain them, for which there will
be no want of time, since it is not to take place until the first
of August, 1731. And tho' no scheme can at first be made so
perfect as that no inconveniency can happen in the practice,
yet I hope your Lordships will excuse me when I say, that I am
perswaded, the longer it is known etc. the better it will be liked
by all persons concern'd, for 'tis a most excellent law. But if
in its execution any faults should be discovered, the same may
206 COLONIAL PAPERS.
1730.
be remedyed by a future Assembly, and made so agreeable to
all interests, that this law may be renewed for a longer time than
its present continuance of four years. No. iii. The next act
I shal mention (tho' it pass'd the first of the Session) is that for
repealing the former tobacco law, which prohibited the tending
above 6000 plants for each tithable ; this regulation was sett
on foot about 5 or 6 years ago, and was renewed and continued
in 172f but upon enquiry into the manner of its execution, I
found it a useless law, which only laid a burthen on the people
to support a number of persons to count the tobacco plants,
but made no change either in the quality of the tobacco, or
prevented the frauds in packing and paying away the trash.
And indeed it seemed only calculated to discourage the taking
up of new land, where the number of 6000 plants will yeild in
weight not much more than half of what the like number will
produce in old manured grounds. These with many other
reasons had the good fortune to prevail, and so well it answered
what I intended by it, a more easy reception to my scheme etc.
The act now mentioned, besides the repealing clause, has in it
many beneficial clauses for preventing the tending of seconds
(as they are called) which is cultivating a second plant of tobacco
from the same stalk after the first hath been cutt of, and is ever
accounted trash as growing too late in the year for the sun to
ripen it. Upon the whole, there could not be a better method
devised for the advantage of both King and People, than by
allowing every planter to make as much tobacco as he can, and
destroying the trash to lessen the quantity and mend the quality,
which are some of the good things provided for by the new law.
No. iv. An act to prevent the malicious burning of tobacco
houses etc. This is to supply the defect of the common law
which only makes the burning of dwelling houses felony ; But
as the setting fire to storehouses for goods, tobacco houses, or
other houses built for securing the annual product of people's
labour, are equally destructive to the property of the subject,
and often more easily accomplished, it was thought fit this
offence should be subject to punishment with the burning of
dwelling-houses. In this act also is contained a means of trying
accessarys to felonys, tho' the principal felons be not taken
and convicted ; a very necessary law in a country which is so
much crowded with convicts, and who after they have com-
mitted a crime may easily be concealed by their abettors, until
they find means to escape into another Government. No. v.
An act for ascertaining damages on protested bills of exchange
etc. This is part of that law passed in 1705 which was lately
repealed : but is now clear of all the clauses to which your
Lordships took exception. The damages on the protested bills
which by the repealed law were 15 pr. cent, are now reduced to
10 pr. cent. pr. annum, nor is that to exceed eighteen moneths
without the drawers own fault. Provision is also made herein
AMERICA AND WEST INDIES. 207
1730.
to advance the credit of bills of exchange, by giving them the
same dignity as a judgment against the estate of the drawer
after his death. Here is also a more speedy remedy given for
the recovery of debts due on promissory notes, and for making
notes, bonds and obligations assignable. All which are very
necessary for the carrying on trade and commerce where a
sufficient currency of ready money is wanted. No. (vi) is the
act for continuing the duty on liquors etc. The duty of three
pence a gallon on wine, rum and other distilled spirits imported
from any place (Great Britain excepted) is continued for three
years from the 10th of June, 1731 etc. There are in this act
many concessions more favourable to the merchants than in the
former act ; of which I need not trouble your Lordshipfs] with
the particulars, since the design of this act is the same as the
other, the lessening the tax or levy by the poll conformable to
the Royal Instruction, and that many acts of the like nature
have from time to time been approved of by your Lordships.
No. vii. An act for the better regulating the payment of the
Burgesses wages is so agreeable to common justice, that nothing
can be objected to it : for as no Burgess is to be paid but when
he attends the service of the House, that discontent which often
has been raised among the people on being obliged to pay their
Representatives whilst they remained at home about their
private affairs, or perhaps in pursuit of their pleasure, will be
now removed. And on the other hand, whenever it shal be
found necessary (for easing the levy by the poll) to pay them
out of the publick money, they are then to receive no more than
105. a day instead of 13s. at which their wages was formerly
computed and paid ; but no such payment is to be allowed,
unless there be left in bank after all wages and other publick
charges are satisfied 1500 at the least, for answering any sudden
exigency of the Government. Now H.M. Instruction requiring
me to get a law pass'd for reducing the sallery of the Members
of the Assembly within the bounds of moderation, I hope this
wch. makes so great a reduction of the publick charge of
Assemblys will be the more acceptable, as it is the only one of
that kind that has ever been attempted since the original of
that Instruction (the 14th) which, as I am told, has been repeated
to every Governour for these fifty years past. No. viii. is the
act to prevent losses to executors and administrators etc., and
is explanatory of some former laws concerning the management
of dead men's estates, and much more agreable to the laws of
England than any that hath been enacted heretofore on that
subject. I need say no more of it than that by reading the title
your Lordships will observe there is nothing in the bill but what
hath been established by several late statutes of England, an
example which the Plantations will not be blam'd for copying
after. No. ix. The act to enable the sale of goods distrained
for rent etc, is also taken from the several acts of Parliament
208 COLONIAL PAPERS.
1730.
made in the reigns of K. William and Q. Anne on the same
subject, which are modells worthy our imitation. No. x. The
Act to disable any Sherif or other person to sett as a Member
of the House of Burgesses, who shall accept any place of profit
after his election etc. hath nothing to be offered in its favour,
except that it is an imitation of the laws of England made for
securing the freedom of Parliament : but in my humble opinion
this country is yet too young for so refined a regulation. Places
of profit are indeed but few, but men of capacitys for the dis-
charge of them do not much more abound ; therefore either the
Government must be ill served, or the House of Burgesses
meanly filled, if men of capacity and integrity must be shut out
either of the one or the other. The Burgesses fondness for this
bill, and my desire to keep them in good humour, while matters
of greater moment were under their deliberation, prevailed with
me to assent to it, knowing how soon it may be made void if
your Lordships disapprove thereof, to whose judgment I shal
submit etc. No. xi. is an act for encouraging the making of
linnen cloth, but the execution suspended until approved by
his Majesty. It is more calculated to amuse the people than
to supply their wants : for tho' it is certain they suffer
exceedingly this year through the small supply of goods sent
in from Britain, yet, experience (they say) has shew'd that
whenever their tobacco advances in its price, which always
produces plenty of goods, they can purchase linnen at a cheaper
rate than it can be made here, even with all the encouragement
given by this act. But 'tis in your Lordships power to recom-
mend it to H.M., or to lay it aside. And if the last be its fate,
as I told them it would, it will be no disapointment, nor create
any uneasiness here. No. xii. is an act for restraining the
taking of excessive usury, the title whereof fully speaks the
contents of the bill, and all that is in it, is to settle the interest
of money at 6 pr. cent. No. xiii. An act to exempt the inhabi-
tants of any county wherein ironworks are or shall be erected
from clearing the roads leading to and from the same etc. This
bill is of small account being only an alteration of part of an act
of last session for encouraging adventurers in iron works, whereby
their roads were to be made by the people of the countys ; now
they are to be made by the undertakers, for which the works
are free from all tobacco taxes for seven years ; and some other
inconveniencies are removed to render the carrying on of these
works the more easy. No. xiv. An act to revive the act for
supply of certain defects found in an act prescribing the method
for appointing Sherifs. This act hath been sundry times
revived and continued, and is now made perpetual. No. xv.
is the usual act pass'd each session for raising a publick levy to
defray the public charges payable in tobacco ; such as the
prosecution of criminals, killing of wolves, maintenance of
prisoners, and many other ordinary expences, which are estab-
AMERICA AND WEST INDIES. 209
1730.
lished by divers acts of Assembly, and are increased in this levy
very considerably being now tenn pounds and a half of tobacco
per poll amounting in all to 500,000 Ib. of tobacco. I shall not
take up your Lordships' time with observing on the other acts,
pass'd this session, which are of two sorts ; one, such as are
framed for particular purposes, and such as have been prepared
on the petitions of private persons. Of the first kind are the
acts for dividing Stafford County ; for erecting a new parish in
Stafford ; for dividing the parish of St. George ; for the sale
of land belonging to the Church of Westopher ; for selling lands
given for a free school in Elizabeth City County ; for appointing
justices and constables to weigh hemp ; and preventing swine
running at large in the town of Hampton ; and the exempting
some German Protestants from parish levys. All which are
necessary laws for the convenience and benefit of the people
interested therein ; and have nothing disagreeable to H.M.
interest or Instructions. Of the other kind are the five private
bills herewith sent for the conveying of entail' d lands, which
are to receive H.M. approbation, before they are to take effect ;
and will be more particularly enlarged upon by those who are
to sollicit H.M. assent thereto etc. I shall next take notice of
other transactions in the Assembly etc. The first is a petition
to the King in behalf of the inhabitants of the Northern Neck.
This contains a long enumeration of exceptions against the
legality of the grant of that territory of which I don't pretend
to be a proper judge : But as to the boundarys claimed by the
Proprietor, it seems very clear that the grant can extend no
farther than so much of the rivers of Potomack and Rappahan-
nock as were known at the date thereof. It is almost certain
that unless the boundarys be settled, or the grant resumed in
the King's hands, there will be a continual dispute between the
people who take up lands under the Crown, and their neighbours
claiming by grants from the Proprietor etc. Refers to former
letter. Continues : I find the people of the Northern Neck
under great uneasiness that they should be distinguished from
the rest of the Colony as persons excluded from the favour of
the Crown, and who can expect no remission of any forfeitures
they happen to incur, let the case be never so deserving of
compassion. The Governour can pardon an inhabitant of that
Colony as to his life, but the Proprietor has granted away to his
lessee all escheats and forfeitures of lands or chatties, and there's
no power to shew any favour in that case, whereby the innocent
children may be punished for the crimes of their parents,
without any hopes of that mercy and indulgence which the
Crown has on many occasions extended to the people in the
other parts of the Colony etc. If by purchasing the grant H.M.
should take that tract into his own hands, it would prove not
only great satisfaction to the people, but a large addition to
H.M, revenue of quit-rents, for it is now farmed by the Pro-
C.P.XXXVII U
210 COLONIAL PAPERS.
1730.
prietor at 450 pr. annum and it is supposed to be worth 700,
besides that 'tis still encreasing by new settlements. The
Council and Burgesses have prepared a congratulatory Address
to H.M. on the arrival of his Royal Highness the Prince of Wales,
and the conclusion of the Peace with Spain etc. Refers to
Burgesses' Journal. Has sent the original to the Agent to be
presented to H.M. by Lord Orkney. Continues : The
Burgesses having upon consideration of the extraordinary
increase of their publick levy in tobacco, resolved to ease the
people in the poll-tax, by paying their own wages out of the
money arising by the duty on liquors, sent up the resolve to the
Council where on the 8th of June it also passed with little
opposition ; but Mr. Fitzwilliams having entered his dissent
thereto with his reasons, which severely reflected on the whole
country, it gave great offence to the House, who two days after-
wards sent a message to the Council for a copy of their Journal
wherein that gentleman's dissent was entered : and having
obtained the same, referr'd it to a Committee, who on the first
July made a report to the House and the same was there agreed
to, and contains a justification of their proceedings, with some
other expressions in answer to and censuring of Mr. Fitzwilliam's
reasons : but by my interposition the last part of the report
for addressing H.M. to remove him was left out, tho' not without
great difficulty carried in the House. This administered
occasion of much discourse and many reflections on the Gentle-
man's conduct ; he was represented as a person of a turbulent
spirit unfit for Society, with many other harsh sayings, all which
had been remonstrated to H.M., had not I taken great pains to
mollify their resentment. And now as to the matter : it is
certain that the duty on liquors was raised in order to lessen
the levy by the poll, and by one of H.M. Instructions, the
Governour is expressly directed to propose the laying a duty
for this very purpose ; It is also clear that the application of
the money arising by that duty is left in the Genl. Assembly,
and seeing it cannot be more properly applied than to the
easing the people of that heavy charge of paying their Burgesses
which in a long session is in many of the smaller countys
upwards of 20 Ib. of tobacco pr. poll, it cannot be said but that
the Assembly were very justifiable in paying the burgesses out
of the publick money, when the tobacco levy run so high as it
did this session, and when also there appeared a prospect of a
mean crop of tobacco. And I must confess to your Lordships
that these considerations together with my desire to oblige the
Burgesses who were passing so good a law, for it was then
depending, as is that for amending the staple of tobacco, pre-
vailed with me to pass, at the end of the session, the resolve for
paying them in money, for which I hope I shal not incur your
Lordps. censure. I shan't trouble your Lordships with my
sense of this gentleman's behaviour ; and therefore have but
AMERICA AND WEST INDIES. 211
1730.
one thing more to add in relation to the proceedings of the
Assembly, and that's the claim Mr. Spotswood laid before them,
to upwards of 600 for his expenses and services in 1722 on the
Treaty with the five Nations of Indians at Albany. The
Burgesses to whom he made his first application, (having
examined some other accotts. that they had long since called
for from him, brought him in debt to the Government above
230 allowing him at the same time 100 for his trouble) mett
with this extraordinary demand, on which they pass'd a resolve,
on 6th July, that the House of Burgesses having given the sum
of 1000 to enable Col. Spotswood to discharge that Treaty in
aid of the revenue of 2s. pr. hhd. they were not engaged to
consider his expences beyound that sum. After which he gives
in a memorial to me in Council, in which he sets forth many
things to which, as I told him, I was an entire stranger, but
seems to conclude that the vote of the Burgesses points out to
him that his payment must come from the King's revenue, since
they say, they gave that money in aid of that revenue (but I
must not conceal it from your Lordsps. he did use his endeavours
beyound the implication, but they would not come into it).
Now forasmuch as this claim is of long standing, and never till
now demanded from the Government here, I told the Council,
and they advised me to it, that I would wait the directions of
your Lordships and the Lords of the Treasury, before I con-
cerned myself with a demand of so ancient a date. Encloses
copy of memorial and account etc. Continues : I shal be glad
to receive yr. Lordships' commands therein, because, the pay-
ment of his rights for his lands, and the money he stands engaged
for to the General Assembly are postponed until some deter-
mination be made in this demand etc. It seems agreed that
the 1000 given was all expended, in paying the gentlemen with
him, their expences and presents to the Indians, and that about
a moneth before his return he was superseded from all the profits
of the Government by Mr. Drysdale's arrival, and he offers his
oath that he was out of pocket the sum mentioned in his accot.
etc. Continues : There is one particular in the Council Journals
of 29th Aprill wch. for my own sake I must not pass over. Upon
my receipt of H.M. warrant for discharging the expences of
running the boundarys between this Colony and Carolina, I
called for the accot. of what had been advanced and paid for
provisions and the necessary attendants on that service ; and
having from the 1000 first deducted that, and considered of a
proper allowance to the Surveyors, I found I could not better
distribute the rewards to the Commissnrs. than by paying
them so much pr. diem according to the respective times they
were employed in that service from their setting out to their
return ; and as far as the remaining money would go, I according
made the distribution which was approved in Council, I may
say by every gentleman in the Colony. But Mr, Fitzwilliams,
212 COLONIAL PAPERS.
1730.
who left the other Commissioners about six weeks before they
finished the line, seemed much dissatisfied that he was not equal
in reward with the other two ; It was in vain to urge that he
had the same allowance as they had, for every day he was on
the service, and that it would be unreasonable to pay him who
came home and received the pay as a judge in the General Court,
while the others were toiling in the woods, and had no other
profit ; he would not rest satisfied but insisted that the distri-
bution was unjust, and that the money ought to have been
equally shared amongst them as they were all equall in com-
mission, and that being once put into that Commission he was
entitled to his dividend if he had never gone out on the service
at all ; and at last concluded that when the Carolina Commis-
sioners refused to proceed, he had no business there, (tho' their
orders were to go on without them) for all that was done
afterwards was void ; arguments which I thought very strange
ones, and am no ways convinced by : for when money is given
for particular service, he that leaves that service, comes well of,
if he is rewarded for what he did, and in my opinion has no
reason to complain. Besides, for a person commissionated to
act in behalf of the King, according to what shall be agreed by
the majority of the persons joyned in commission with him,
to separate from them and chime in with the Proprietors'
Commissioners, with whom he had no concern, is no very just
execution of his trust ; for by the same logick if the Carolina
Commissioners had refused to go above tenn miles on the line,
the whole service must have been disapointed, if his dissent
from his colleagues must make their future proceedings void.
But I hope this gentleman will be better advised by his friends
than to bestir himself to seek a greater share of the money than
what is his right, or to complain of me for not injuring the other
Commissioners to gratifie him. As he went for England before
the session of Assembly was ended, all I mean here is to sett this
matter in its true light, that if the gentleman should complain
of my distribution, your Lordships may judge with how little
reason it is that he is offended. It is my constant endeavour
so to demean myself on all occasions that I may have some
reason to hope your Lordships will not be displeased with my
conduct etc. Signed, William Gooch. Endorsed, Reed. 14th,
Read 30th Sept., 1730. Holograph. 13 pp. Enclosed,
348. i. Lt. Governor Gooch's Replies to Queries by the
Council of Trade, (i) Describes boundaries in Charter
of 1606. Continues : But the boundarys of Virginia,
as it is now circumscribed, are, E. and S.E. the main
Atlantick Ocean ; S., a due west line from the mouth
of Corrotuck Inlet which lies in the latitude of 36. 30'.
divides Virginia from No. Carolina ; and N. a line
from the sea through that Isthmus called the Eastern
Shore to the Bay of Chesapeak opposite to that point
AMERICA AND WEST INDIES. 213
1730.
of Potomack River called Watkins Point, and thence
the said River of Potomack divides this country from
Maryland, unto the true meridian of the first fountain
of Potomack, which is the utmost boundary of Mary-
land westward, and then Virginia resumes its ancient
breadth, and has no other limits to the westward than
what its first Royal Charter assigned it ; and that is
to the So. Sea, including the Island of California. But
accounting its breadth from the West line which
divides it from Carolina on the South to the first
fountain of Potomack on the North, it will extend on
the back or western side of Maryland as far as the
Lat. of 39 North, etc. Describes soil and situation,
capable of the same productions as the finest countries
in the world. " With little labour, and little manure,
everything is propagated which the planters have
hitherto attempted etc. The air is temperate, rarely
exceeding 30 days of extreme heat in the summer, nor
the like number of very cold in the winter etc. As to
its longitude, no observations have yet been made
thereof, and the relations of masters of ships concerning
their westing on their voyages hither differ widely
etc." But, long before the Board's queries were
received, he had given orders for proper instru-
ments for ascertaining the true longitude. Continues :
As this western boundary is at present little known,
nor much probability of its being fully discovered in
many ages, it may suffice to describe that limit which
is now well known, and in divers places inhabited ;
and that is the great chain of mountains, which at 200
miles distance from the sea runs along the back of
Virginia from N.E. to S.W., from Potomack River
to James River. Here many late settlements have
been made up to the foot of these mountains, and great
quantitys of land daily taken up there ; and this is
like to be the first limits of the inhabited part of this
country for some years, unless a discovery of some
rich mines among those mountains tempt people to
extend their settlements more westward ; in which
case, there is another natural boundary not far distant
which will put a period to their excursions, and that
is the Lakes Eri, Huron and others, etc. described in
the travels of Hennepin, Lahontan and other French
writers. Whenever this Colony shal have extended
its settlements thus far, it is probable there may be
some contest with the French about that boundary,
but at present we have none as to its limits, since that
with No. Carolina has been lately settled and marked
out as far as the great mountains, and the Proprietor
2514 COLONIAL PAPERS.
1730.
of Maryland seems contented, (iii) Describes the
constitution of the Government. Continues : There
is in each county a Court held monthly by persons
commissioned by the Governour, who have not only
the power of Justices of the Peace, but have cognizance
of all suits of what value soever arising within their
respective jurisdictions both at common Law and in
Chancery, except only such criminal offences as are
punishable with loss of life or member. For the City
of Williamsburgh there is also a Court of Hustings
held monthly before the Mayor, Recorder and Aldermen
for all suits at common Law arising within the town,
and not exceeding the value of 20. These are the
inferior Courts in the Government, and from their
judgments an appeal lyes to the General Court, the
appellant giving security to prosecute the same. The
General Court consists of the Governor and Council
etc. Describes jurisdiction etc. For preventing of long
imprisonments for matters criminal there are two
Courts of Oyer and Terminer held yearly etc. The
Judges here are the Members of the Council, and sitt
by the Governour's Commission, pursuant to H.M.
Instruction. For the punishment of slaves committing
capitol crimes, a commission of Oyer and Terminer
is issued by the Governour directed to the Justices or
other principal inhabitants of the county where the
offence is committed to try the offender on proof of the
fact by witnesses, without any jury ; and upon con-
viction the Commissioners award execution, and sett
a value on the slave, which valuation is afterwards
paid to the owner by the General Assembly, as an
encouragement to the people to discover the villainies
of their slaves. Describes jurisdiction of Admiralty
Court and Commissary's Court and constitution of
Council etc. (iv) The trade, exclusive of that which
is carried on in Brittish shipping, is not considerable.
It consists of one ship, six brigantines, and sixteen
sloops, seafaring men may be computed at 8 each etc.
As to the small shallops which are constantly employed
in the Bay and in transporting the country commoditys
from one river to another, their crews can't properly
be termed seamen, being for the most part planters
with negroes etc. (v) The people are supplied from
Great Brittain with all sorts of woollen manufactures,
such as broad cloth, kerseys, duffeils, cottons, crapes,
rugs, blankets, norwich, and other stuffs and stockings ;
with all sorts of linnen as well of Germany, Holland,
as of British and Irish manufacture ; and all manner
of household furniture and wearing apparel, as callicoes,
AMERICA AND WEST INDIES. 215
1730.
Persians, taffatys and other East India silks ; with
iron ware, such as locks, hinges, nailes, carpenters,
joyners and smiths' tools, axes, hoes, small anchors,
fire arms and in general with great part of our wines,
with our spices, fruit, loaf-sugar and other necessarys
for families, the value of which has been computed
at 200,000 pr. annum, but I am satisfied 'tis almost
half as much more, in such years as their staple
commodity hath enabled them to purchase without
running in debt, but at present the trade is so low that
the people are forced to content themselves with bare
necessarys, the importation from G. Britain this last
year, being chiefly in protested bills. I am sure not
100,000 worth of goods brought into the country :
this is a barter that well deserves to be taken care of.
(vi) There is no trade from hence to any part of Europe
except from Great Britain. Some attempts were made
to export wheat to Portugal about three years ago,
but the Adventurers mett with so little encouragement
that they soon gave over the thoughts of prosecuting
that commerce any further. There is a pretty large
export of wheat, Indian corn and pease, and of wax
to the Island of Madeira, in return for wine etc. To
the Plantations of foreigners in America this country
hath no commerce, except to Surinam, from whence
there hath been brought hither the last year about
130 hhds. of melasses, and the commoditys carried
thither were Indian corn, pease, and pork. The like
trade hath formerly been to Curassoa another Dutch
settlement, and to Martinico and Guardaloupe, but
that has for some years past been discontinued, (vii)
For preventing illegal trade, the only methods that are
or can be used is the diligence of the Naval Officers and
Collectors in their several districts strictly to inspect
the cocquets and certificates of the several vessels
trading here, and to examine what commoditys are
landed out of them. Many ships and vessels have
been seized by this means and condemned, and this
will still prove effectual to prevent great frauds : but
after all 'tis impossible altogether to prevent the
running of small quantitys of prohibited goods where
there are so many landing places remote from the
inspection of any officer, and the country people ready
on all occasions to assist the offenders in the conceal-
ment thereof. Riding surveyors and searchers along
the Bay of Chesapeak, especially in that part which
lyes nearest the Capes would be of great use to guard
against such illegal trading ; but even that security
which was once established by a Surveyor for Linhaven
216 COLONIAL PAPERS.
1730.
Bay and between Virginia and No. Carolina has been
of late taken away by the suppression, as I am told,
of that Officer, at lest there has been none for some
years past to do the duty of that office, (viii) This
country produces all manner of timber fit for building
of ships ; masts, yards and boltspritts ; clapboards and
shingles fit for houses ; pipestaves and heading ; of
these there are exported to H.M. Plantations in the
West Indies to the value of about 1000 pr. annum.
Pitch and tar before the bounty was taken away in
England were made in great abundance, and 'tis hoped
the same work will again revive on the encouragement
of the new bounty. Pork is one of the principal exports
of the country of which there is carried out communibus
annis about 3000 barrils, worth in sterling money 25s.
pr. barril, and of late the people have begun to raise
stocks and to export beef, but this being but just entered
into, no certain judgment can be made how much
may be spared for exportation. The quantity of wheat
and Indian corn exported is very great, of the former
from 10,000 to 20,000 bushels in a year, and of the latter
double the number etc. ; but 'tis difficult to ascertain
the value, since the greatest part of both is exchanged
for rum, sugar, salt and melasses brought hither by the
people of New England and Bermuda ; but taking one
year with another the price of wheat is 2s. Qd. pr. bushel
and of Indian corn Is. Qd. There are other productions
of the Colony exported, such as bever skins, buck and
doe skins, otter, raccoon etc. to the value of 1500 pr.
annum ; besides, black walnut plank, snake root,
sassafras bark, myrtle wax, beeswax, tallow of which
no certain computation can be made. The making of
hemp is begun with good hopes of success, but the
want of skilful persons in the management of it has
retarded its progress, (ix) Mines of iron oar are found
in many places, and five furnaces for melting of it are
already sett up. Three copper mines are already
discovered, two in the Northern Neck, and one in the
county of Spotsilvania ; the oar is very encouraging ;
on one they are at work, and will very soon begin with
the other two. There are also many signs of lead, tin
and antimony in the places near the great mountains,
but for want of men skilled in these and other richer
metals may for many years remain undiscovered,
(x) The rule for computing the number of inhabitants
is by the list of tythables on which the publick tobacco
taxes are laid ; these are all white male persons above
sixtenn years of age, and all blacks male and female
above the same age. Of these there are now about
AMERICA AND WEST INDIES 217
1730.
51,000, and of them about 30,000 may be reckoned
blacks. Women and children are reckoned as treble
these numbers etc. (xi) The inhabitants are greatly
increased within these last ten years, since the number
of tithables have in that time increased upwards of
12,000, tho' for two or three years of that time there
happened a very great mortality through a malignant
fever and pleurisy, which raged in most parts of the
country in the winter of those years. But the great
numbers of negroes and white servants imported since
1720 together with the early marriages of the youth,
and prolinck temperament of the women both white
and black, must necessarily occasion a great increase
of people in a country free from much luxury, and
where Nature has been so bountifull as to furnish the
conveniences of life with less labour and anxiety than
in many places of the world, (xii) Militia, Troops and
companies given by counties. Total, 91 ; 128, or
4550 horse and 7680 foot. Continues : This Militia
is made up of all free male persons above 21 years of
age and under 60 etc. Enumerates officers. There
hath been lately an Adjutant, whose business is to
instruct both officers and men, and he has made a good
progress therein etc. The ordinary people want a
good deal of polishing, and on that account, too, these
regular exercises will be of great benefit etc. (xiii).
There are no forts in this Colony, nor any places of
defence, except some batterys of great guns at the
mouth of the great rivers, which can only serve for a
protection to the merchant ships against pirates or
privateers, but no ways tenable against an enemy that
has force enough to attack them by land. These
batterys being erected in 1721 on platforms of wood,
are not like to last long ; besides the carriages begin
to decay and must speedily be supplied with new ones.
The battery at the mouth of James River is entirely
gone, the guns lying in the sand on the beach, of which
I gave an account to the Board of Ordinance, but have
received no answer. It is much to be wished that the
Colony was in a condition to build forts of more durable
materials than these batterys are ; but the charge of
regular fortifications, together with the expence of
maintaining sufficient guards therein, without which
they would become rather a snare than a defence, is an
undertaking too great for the small funds the Assemblys
here are allowed to raise, (xiv) The Indians tributary
to this Government are reduced to a small number, the
remains of the Makerin and Nansemond Indians are
by running the boundary fallen within the limits of
218 COLONIAL PAPERS.
1730.
No. Carolina. The Saponies, and the other petty
Nations associated with them being disturbed by the
Tuscoruroes, are retired out of Virginia to the Cattaw-
baws. So that there remain only the Pamunkeys
on York River, and they not above tenn familys ; and
the Nattoways on the south side of James River, whose
strength exceeds not fifty fighting men. Both these
Nations are seated in the midst of the English settle-
ments, and hitherto have maintained a friendly
correspondence with them. (xv) We have no Indian
nation of any strength nearer than the Five Nations
etc., and the Cattawbaws and Cherokees in the limits
of Carolina. Both of ym. near 400 miles from the
inhabitants of Virginia, (xvi, xvii). Virginia is so
remote from either the French or Spanish settlements
that there is no communication between us etc. ; the
nearest is the French, if at this time they have any
settlements on the Lakes : But if they only possessd
what they some years ago abandoned, their Fort on
Lac St. Clair, they are yet 200 miles distant from our
frontier plantations ; nevertheless it is certain that
their traders between Canada and their new settlement
on the Messisippi make their rout annually near to the
frontier settlements of Virginia. Since crossing the
Lake Ery which lyes about 60 or 70 miles west of our
mountains, they ascend the river Meamis in their
canoes, and thence by a short land carriage pass into
the great river Occabaike, and with its stream are
carried into the Messisippi not far from their new
Colony. So that in this passage they make use of
two rivers, which have their sources in the Virginia
mountains ; and it is reasonable to believe that when-
ever they have more people on that side the mountains,
the natural curiosity of that Nation, or indeed any
other, will lead them to a discovery of these mountains
to which the course of these two rivers will soon guide
them, and from thence they may easily perceive the
manner of our places of abode, dispersed and defence-
less, except what the difficulty of passing over such a
large ridge of mountains affords ; and what effect such
a discovery may have in case of a rupture between the
two Nations, is not hard to foresee, (xviii-xx) The
revenue is 2s. sterl. on every hogshead of tobacco
exported, abating an allowance of 10 p.c. to the masters
of the ships for paying in bills of exchange ; I5d. pr.
tun on all ships and vessels trading here, commonly
called port dutys ; 6d. an head for every passenger
imported ; fines and forfeitures, for breaches of the
penal laws, etc., contempts to Courts of Justice,
AMERICA AND WEST INDIES. 219
1730.
breaches of the Peace or convictions for felonies or
trespasses, freights for taking up land, which is 5*.
for every 50 acres. The three first branches of this
revenue are appropriated by the act of Assembly for
raising the same, as are also forfeitures for breaches
of the penal laws, for and towards the support of the
Government, and its contingent charges, and for
maintaining forts and fortifications. The casual fines
and forfeitures in the 4th branch were first appropriated
to the support of the Governmt. by warrant from K.
Charles II, and have continued so ever since. The
last branch of the rights was established by order of
the Governour and Council in 1699 to supply the defect
of importation rights, on which only people were then
entitled to take up land, and since that time has made
a very considerable addition to the revenue. All these
several branches amount one year with another for
these tenn years past to 4000/. pr. annum or near that
sum. The ordinary expences of the Government,
including the Governour's, the Council's and all other
the established officer's sallerys, amount to 3104/. pr.
annum. The extraordinary expences is not easy to be
computed, because it rises and falls as the exigencys
of the Government require ; But if it be demanded,
what the casual expence may amount to, when no
extraordinary accidents happen, it is answered, that
the charges of expresses and messengers, of repairing
the Governour's house, and other incidents come to
300 pr. annum ; but on extraordinary occasions,
such as alarms of Indians by land, or forreign enemies
by sea, the repairing of batterys, removing of great
guns, ammunition etc. from one place to another,
dispatching orders to the militia, these and such like
services have cost double that sum. Gives list of
officers' salaries as above. Continues : There is
also a revenue of 3d. per gallon on all liquors imported
from any place, Great Britain excepted, which was to
continue for five years from 10th June, 1726, and one
penny more from that time for and during 21 years.
This is appropriated to such uses only as the General
Assembly think fit, for lessening the levy by the pole,
and is applied towards paying for negro criminals con-
demned and executed, for defraying the charge of the
officers of the Assembly ; keepers of the magazine and
gaol etc., and 200Z. to the College of William and Mary.
The officers belonging to the General Assembly have
no standing annual sallery, but are paid proportionably
to the length of the session. This revenue brings in
about 2100Z. pr. annum, for from 10th June 1726 1730
220 COLONIAL PAPERS.
1780.
it amounts to 852lZ.ls.lO|d. and has and is to discharge
the following demands : the Assembly in Mr. Drysdale's
time, 1726, Burgesses' wages, 1300/. ; slaves and repairs
of the Capitol, 506Z. ; officers of that session and charge
of prisoners, 758 ; Assembly in Mr. Gooch's time, March,
1728, slaves, 741 ; officers and prisoners, work and
repairs, 948 ; College and town land, 716. The
Burgesses were not paid, but they gave to him, 500.
Assembly ended July 9, 1730 : Payments for slaves,
officers, printing the laws, weights and scales wth. the
College, 4000 ; Burgesses' wages about 2,200, Total,
11,669. July 25, 1730. Endorsed, Reed. 14th Sept.,
1730. 12 pp.
348. ii. Address of the Council and Burgesses of Virginia to
the King. Express joy at safe arrival of Frederick
Prince of Wales etc., and their felicity under Lt. Gov.
Gooch. Endorsed, Reed. 14th Sept., 1730. Copy.
^lPP-
348. iii. Memorial of Col. Spotswood to Lt. Governor Gooch.
July 7, 1730. Governor Drysdale promised to lay
before the next Assembly the 600 by which the
expenses of memorialist at Albany etc. fell short of the
1000 voted. Nothing being done in that behalf,
memorialist applied by petition in England, but was
answered he should first apply to the Government here.
States resolve of Burgesses etc. as in covering letter.
Signed, A. Spotswood. Same endorsement. Copy.
2 J pp. Enclosed,
348. iv. Account of disbursements of the Albany Treaty,
29th July 26th Oct., 1722. 1602 165. Sd. Signed,
A. Spotswood. 1 p.
348. v. Proclamations by Lt. Gov. Gooch. (i) (ii) Duplicates
C.S.P. 1729. Nos. 796 encl. iii (d) (e). (iii) Proroguing
Assembly till 21st May, 1730. Jan. 24, 1730. (iv)
Proroguing Assembly till 12th Feb. 1730. Oct. 22,
1729. (v) Publishing repeal of Act declaring how long
judgments, bonds etc. shall be in force. 15th April, 1730.
(vi) Proclaiming Peace with Spain. 29th May, 1730.
Signed, William Gooch. The whole endorsed, Reed.
14th Sept., 1730. 5 pp. [C.O. 5, 1322. ff. 51, 52v.-
QQv., 68-73z;., 74>v.-75v., 7QV.-78, 79-80, 81, 82, 83,
84-84i\ (with abstract).]
July 17 349. Memorial of loss and damage sustained by the crew
& 23. and shippers of the Parthenope of London, taken by a Spanish
privateer off Malaga, on a voyage from Newfoundland to Naples,
Gallipoli, Messina and London, 7th April, 1727. 14 pp. [C.O.
388, 90. ff. 53-55, 94-97t;., 168, 169, 170.]
AMERICA AND WEST INDIES.
221
1730.
July 24.
Virginia,
Wmsburgh.
350. Lt. Governor Gooch to the Duke of Newcastle. The
return of H.M.S. Biddeford from this station gives me the honour
of paying my duty to your Grace, and the oppertunity of sending
herewith the transcripts of the Journals of the Council and
Assembly, etc., and the 29 acts passed in the last session which
ended on the 9th instant. I shal not venture to take up your
Grace's time with observing on the particular laws now made ;
but it is with a particular pleasure that I can now acquaint your
Grace that I have obtain'd a law upon the basis of that scheme
I, the last year, communicated to your Grace, with no other
material alteration than that of appointing a great number of
publick warehouses where the tobacco is to be viewed and
weighed. But as no tobacco is to be exported except that which
is strictly good and merchantable, and a great step taken towards
preventing the stealing and running of tobacco in Britain by
stamping the nett weight on each cask, I make no doubt but
H.M. revenue will be very much increased by a greater con-
sumption, and the provision made for securing of the duty, and
a foundation laid for improving the staple of tobacco to the
highest pitch it is capable of. But as it is impossible for the
wit of man to frame a law which neither envy nor interest can
find room to quarrel with, so if either the one or the other should
attack this, I hope your Grace will have the goodness to screen
it nevertheless from H.M. displeasure, until it has time to justifie
itself, by displaying in its execution the advantages both to the
Crown, and to the subject for which it is calculated. I am now
to intreat your Grace's favour to a poor unhappy widow and
three small children : one Edward Chambers of the County of
Hannover planter, sometime since went out with his gun and
was found dead in the woods, and by the Coroner's inquest it is
returned that he murdered himself, whereby all his goods are
become forfeited to the King, the whole amount of which, as
valued by the persons sworne to appraise the same, is no more
than 91 175., Virginia money etc. Intercedes for remission of
this forfeiture etc., and reminds his Grace of the case of Andrew
Bourn, convicted of murder in killing a negro slave, and of
Frances Green found guilty of concealing the death of her
bastard child, recommended for H.M. mercy in former letters
etc. Has sent enclosed address to Lord Orkney to be presented
to H.M. Signed, William Gooch. Endorsed, R. Sept. 18th.
2frd pp. Enclosed,
350. i. (a) A Proclamation by Lt. Governor Gooch for a Day
of Fasting and Humiliation. " Whereas this Colony
hath for these two years past been threatened with an
unusual multitude of caterpillars and now again in a
more surprizing manner by the visible increase of those
destructive insects to the apparent hazard of the fruits
of the earth, which impending calamity can only be
averted by that almighty power who it is justly to be
222 COLONIAL PAPERS.
*
1730.
feared has sent the same for the punishment of an
offending people " etc. Williamsburgh, 1st April,
1729. (&) Proclamation proroguing the Assembly till
12th Nov. 19th April, 1729. (c) Proclamation pro-
roguing the Assembly till 12th Feb. 22nd Oct., 1729.
(d) Proclamation proroguing the Assembly till 21st
May. 4th Jan., 1729(30). (e) Proclamation for
publishing the repeal of the Act declaring how long
judgments, bonds, etc. shall be in force. 15th April,
1730. (/) Proclamation notifying the Peace with
Spain. 29th May, 1730. Copies. Signed, William
Gooch. 4 pp.
350. ii. Address of the Council and Burgesses of Virginia to
the King. Express joy of all H.M. subjects of the
Dominion at the safe arrival of Frederick, Prince of
Wales in Great Britain and the conclusion of peace
with Spain, " wherein not only the wisdoms of your
Majesty's councels, your constancy and steadinesse in
pursueing the true interests of your people, but the
weaknesse of those whose artifices and intrigues have
so long opposed and obstructed this good work are
sufficiently displayed to the world " etc. Acknowledge
the advantages which will result to them, their trade
and navigation etc., and their felicity under the rule
of the Lt. Governor, whose abilities and good dis-
position, under H.M. great care and regard for his
people, concur to support H.M. honour and to secure
them everything they can wish for etc. Signed, in
behalf of the Council, Robert Carter ; in behalf of the
Burgesses, Jno. Holloway, Speaker. 1 large p. [C.O.
5, 1337. Nos. 49, 49 i., 39.]
July 25. 351 . A short state of Jamaica with respect to the rebellious
and runaway Negroes. Jamaica labours at present under many
disadvantages by its trade to the coast being altogether stopped,
and of course many seafareing men who formerly inhabited there
for that purpose have gone to the northern Collonies. Its
number of white inhabitants is thereby much diminished, and
the only spring from whence it had its current coin dryed up ;
so that it is with difficulty that even the richer sort of people
can get of the clipped light, and current money (raised and bad
as 'tis) sufficient to go to markett for the necessaries of life ;
cash is now become so scarce, that no considerable payments
or contracts are made but for and in goods, as no doubt the
merchants in England know by experience. At the same time
our white people rather decrease than increase, which may be
imputed to the intemperance as well of the meaner people new
comers as of the climate, whereas it is better adapted to the
negroe constitutions, and of course they increase as well by the
AMERICA AND WEST INDIES. 223
1730.
continued numerous import as by breeding, and as great numbers
daily desert their masters, some through humour, some through
ill usage, they have made themselves severall large plantations,
towns and settlements, in the most fertile valleys among the
midland and eastern mountains, which are by natural passes,
and precipices almost inaccessible, and the country being all
over well wooded, it is now become (I think) the most laborious
service can well be undertaken to march against them ; Our
best woodsmen cannot march above five miles a day, and when
they come upon the towns (unless by surprise which is very rare)
they come fatigued with their march, their arms and ammunition
frequently wett or spoiled, with their being obliged to ly nightly
in those unsettled woods, exposed to the rains and the usual
excessive foggs, and when they come into their plantations, they
find they are not only artfully but securely laid out, and guarded
by lanes of wood wherein the negroes hide, and shoot the men
sent after them etc. Describes recent disaster (v. 4-th July).
Continues : We are now fitting out another party of 300 men,
which if defeated as (tho' God forbid) I really apprehend they
will, we have nothing left but Marshall Law and a general march ;
the ill consequence of which is much to be dreaded, for who
have we to leave in our own plantations to keep our own negroes
in order. In our last Marshall Law (and our numbers are not
since increased) wee found that in the whole Island we have not
above 2,500 effective men, and six tenths of those being indented
servants not to be depended upon against a foreign enemy,
because it is their interest to get their freedom which no doubt
an enemy would proclaim (and if they were faithfull) they are
generally ignorant of the use of arms. Let it be considered of
what service so small a number of men, even if good, can be in
so extensive a country etc. The free negroes are in sympathy
with the rebel negroes who get their supply of arms and ammuni-
tion from them etc. Nothing but numbers of white people can
save us, and the Island have tryed methods both to bring over
and encourage white people, but all ineffectual, what through
our own inability, or party disputes. Who is then to be applied
to but the Crown ? But then it happens there's a headstrong,
blind, positive Assembly who will not be either cajoled or
persuaded nor even driven to apply for soldiers and of course,
as 'tis said wont add to their subsistence if sent hither ; soldiers,
a standing army, bugbears and words, made use of to fright
folks, as if everything is to be lossed rather than ask for such
creatures to ride us etc. This is the phrase, but hard it is that
other private people's rights etc. should be so precariously
dependant on their caprice, and it is humbly to be hoped the
merchts. will apply, and the Minister advise the King to send
over at least one if not two thousand effective men, which I
doubt not the country would rather provide for, and subsist,
than want etc. Submitted by, a true and loyal subject and real
224
COLONIAL PAPERS.
1730.
friend of Jamaica, who has a good estate in it etc. Endorsed,
Reed., Read 8th Oct., 1730. Communicated to the Board by
Mr. (H.) Popple. 5$ pp. [C.O. 137, 18. ff. 104-106i;., 107u.]
July 25. 352. Governor Mathew to the Council of Trade and
Antigua. Plantations. Acknowledges letter of 20th May, and receipt of
new seal, and returns the old one. Has no public papers to
transmit, and nothing new to lay before the Board. Signed,
William Mathew. Endorsed, Reed. 17th Sept., Read 13th Oct.,
1730. 1 p. [C.O. 152, 18. ff. 134, 135*;.]
July 28. 353. Joseph Browne to the Council of Trade and
London. Plantations. States his case (v. 14th July), with details of his
own movements etc. Signed, J. Browne. Endorsed, Reed.
28th July, Read 13th Aug., 1730. 4 pp. [C.O. 5, 1267. ff.
211-2121;., 213*;.]
July 28. 354. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. In reply to Mr. Popple's letter etc.
we are of opinion that in regard the place where the lands
[granted to Sir N. Johnson by the Lords Proprietors of Carolina]
lie is not described, nor any method provided by which the same
may be ascertained, such grant of the two Baronys is by reason
of the uncertainty thereof absolutely void in law. Signed, P.
Yorke, C. Talbot. Endorsed, Reed. 30th July, Read 13th Augt.,
1730. l$pp. Enclosed,
354. i. Copy of the second Charter of the Lords Proprietors
of Carolina. Printed. 10 pp. [C.O. 5, 361. ff. 150,
1500., I5Iv.-I57v.]
July 28. 355. Mr. Attorney and Solicitor General to the Council of
Trade and Plantations. Report upon Act of Montserrat, 1729,
for establishing a Court of King's Bench etc., that by the first
clause the Justices of the Court of King's Bench and Common
Pleas are authorised to determine all suits etc. according to the
laws and usage of the realm of Great Britain etc., and by the
third clause it is enacted that the said Justices shall have as full
and ample power and jurisdiction etc. within the said island as
the Judges of H.M. Courts of King's Bench and Common Pleas
at Westminster have within Great Britain etc. " There is an
ambiguity in the expression [the laws and usages of the realm of
Great Britain] since that includes Scotland as well as England,
and if it were strictly confined to England, yet it is capable of
being construed to extend all the laws and statutes of England
to the Island of Montserratt, which construction may be the
more strongly supported from the provision of the third clause "
quoted above. Continue : By the eighth clause in certain cases
not exceeding the value of fifteen pounds current money, the
oath of the plaintiff, if the Court shall think fit, is made to be
AMERICA AND WEST INDIES.
225
1730.
July 29
Aug. 8.
Rotterdam.
July 29.
Windsor
Castle.
July 30.
Whitehall.
July 30.
Whitehall.
sufficient evidence of his debt or demand, which is not agreable
to the rules of Justice, and may be attended with inconveniencies.
Altho' there are many other provisions in this act which do not
appear to be liable to any objection, and if they stood alone
might be very fit to be approved, yet for the reasons above-
mentioned we are of opinion that this act is not proper to be
confirmed etc. The first clause of the Act of settlement and
limitations for avoiding suits at law is very incorrectly and
obscurely penned, so as to be almost unintelligible, but as that
relates only to writs of formedon, a kind of action hardly ever
used in the Plantations, and as the other parts of the act appear
to us to be very usefull and beneficial to the Island, we think it
may be fit to be confirmed. Signed, P. Yorke, C. Talbot.
Enclosed, Reed. 30th July, 1730, Read 3rd Dec., 1735. 3 pp.
[C.O. 152, 22. ff. 6-7v.]
356. Mr. Hintze to the Council of Trade and Plantations.
Asks for credit for 30 and repeats request for a letter confirming
his instructions. Signed, Danl. Hintze. Endorsed, Reed., Read
4th Aug., 1730. Addressed. Postmark. Seal. 1 p. [C.O.
217, 5. ff. 205, 206u.]
358. Mr. Delafaye to Mr. Popple. It being impossible for
us, considering ye multiplicity of business and copying work in
haste that we have at present to make a copy of the report of
your Board upon ye affair of Sta. Lucia, My Lord Duke of
Newcastle has resolved to send away the original to the King's
Ministers at ye French Court by the first Messenger that goes
thither, and to depend upon your friendship for a copy to be
kept in his Office. As one should be as correct as possible in ye
vouchers annext to it etc., calls attention to what looks like a
misquotation from Du Tertre 1.8. as to the amount subscribed
by the Seigneurs of the Compagnie des Isles de PAmerique,
and desires to be informed whether it is so, or not etc. Signed,
Ch. Delafaye. Endorsed, Reed., Read 30th July, 1730. 2|
pp. [C.O. 28, 21. ff. 70-71^.]
358. Council of Trade and Plantations to the Committee
of Privy Council. In obedience to Order of 21st inst. have
made the alteration therein directed in Governor Johnson's
Instructions. [C.O. 5, 400. p. 382.]
359. Mr. Wheelock to Mr. Delafaye. In the absence of Mr.
Popple acknowledges letter of yesterday. Continues : My
Lords Commissioners have thereupon ordered me to get another
copy of their report upon Sta. Lucia for my Lord Duke of
Newcastle ; their Lordsps. are obliged to you for your remark
upon the Acte d' Association des Seigneurs de la Companie des
Isles de 1'Ame'rique. The observation you make upon that is
C,P. xxxvii v,
226
COLONIAL PAPERS.
1730.
July 30.
Windsor
Castle.
July 30.
Aug. 1.
Aug. 1.
certainly just ; the quatre vingt mille ought to have been vingt
quatre ; but it is a mistake in the original from whence it was
copy'd, and for that reason was left as it is, without any obser-
vation upon it, because my Lds. Commrs. do not quote this
Act of Association for the sake of the precise summ which
that Expedition cost the French, but to mark the time when
this Association was first form'd, and to prove as well by that,
as by the Cardinal de Richelieu's Comn. to Messrs. d'Enambuc
and Rossey (No. 5 in ye Appendix) that the French were not
then acquainted with Sta. Lucia. [C.O. 29, 15. p. 177.]
360. H. M. Commission appointing James Sutherland
Captain and Commander of Fort Johnson in South Carolina.
Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. pp.
232, 233.]
361. Thomas Smith to the Duke of Newcastle. Being
informed that a petition from New Jersey is soon to be presented
to the King for a separate government there, prays to be
appointed Governor. Concludes : My services being in a great
measure known to your Grace incourages me very much in this
my application, as well as the inherent pretensions I claim to
your Grace's patronage and protection from having been
honoured with the like in a perticular manner by your Grace's
uncle John Duke of Newcastle etc. Signed, Thomas Smith.
2pp. [C.O. 5, 983. ff. 19,
362. Governor Johnson to [? Mr. Delafaye] Yesterday I had
the favour of your letter and beg you will be so kind to present
my most humble duty to my Lord Duke and assure him that I
am so sensible of the obligations I lye under to his Grace, that
whoever his Grace shall be pleased to name to me for the Agency
of Carolina I shall use my utmost endeavours with the Assembly
to accomplish it etc. I propose to wait on you before I leave
England and receive your commands etc. Signed, Robert
Johnson. 1 p. [C.O. 5, 388. /. 26.]
363. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. We have considered the Charter of
Connecticut and Mr. Winthrop's memorial etc., and are of
opinion, that by the said Charter the General Assembly have a
power of making laws which affect property ; But it is a
necessary qualification of all such laws that they be reasonable
in themselves and not contrary to the laws of England ; and if
any laws have been there made repugnant to the laws of England
they are absolutely null and void. Signed, P. Yorke, C. Talbot.
Endorsed, Reed. 3rd, Read 13th Aug., 1730. Enclosed,
363. i. Copy of Charter of Connecticut.
363. ii. Copy of John Winthrop's memorial. [C.O. 5, 1267.
ff. 195, 195fl., 197-210t;.]
AMERICA AND WEST INDIES.
227
1730.
Aug. 4.
Whitehall.
Aug. 4.
Whitehall.
Aug. 4.
Whitehall.
Aug. 4.
Aug. 5.
364. Council of Trade and Plantations to Lord Carteret. In
pursuance of Order from Committee of Privy Council, (No.
344) enquire " what value your Lordship sets upon the eigth
part" of Carolina etc. [C.O. 5, 400. p. 383.]
365. Council of Trade and Plantations to the Duke of
Newcastle. Enclose Addresses from the Lt. Governor, Council
and Assembly of Bermuda and copy of letter from the Lt.
Governor and Council, Oct. 16th, last, complaining of losses
sustained by the Spaniards illegally seizing their vessels etc. and
praying for a small ship and for the Independent Company to be
continued there, to be laid before H.M. Conclude : In the
mean time we have caused a copy to be made for H.M. Commis-
saries in Spain of the inclosed account of the masters' vessells
and cargoes belonging to Bermuda which have been lately taken
by the Spaniards. Autograph signatures. Endorsed, Copy sent
to Mr. Skeene, 24th Aug., 1730. 1 p. Enclosed,
365. i. Address of the Lt. Governor and Council of Bermuda
to the Council of Trade and Plantations. Bermuda,
Oct. 16, 1729. v. C.S.P. under date. Copy. 1 p.
365. ii. Account of (12) vessels and cargoes belonging to
Bermuda lately taken by the Spaniards. Total
estimated value, 9,500. Copy. 1 p. [C.O. 37, 26.
Nos. 40, 40 i, ii ; and (covering letter only) 38, 8. pp.
150, 151.]
366. Bryan Wheelock to Governor Burrington. The Lords
Commissioners for Trade signed their representation upon your
Instructions so long ago as 10th June, and have waited ever
since for your list of Councillors ; But if you do not bring them
the names of twelve persons proper to be inserted upon that
occasion, by Monday next, they will either send away your
Instructions without Councillors, or name them without waiting
any longer for your advice. Signed, B. Wheelock. 1 p. [C.O.
5, 308. #o. 8 ; and 5, 323. /. 16.]
367. Memorial of loss sustained by Thomas Fitch of Boston,
on account of goods consigned to him from London and taken
by Spanish men of war in the Channel, May 1727. Signed and
sworn to by, Fra. Wilks, 4th Aug., 1730. Enclosed, Reed. 2nd
Oct., 1730. 1| pp. Enclosed,
367. i, ii. Copies of invoices of above goods. 2 pp. [C.O.
388, 92. Nos. 1, 1 i, ii.]
368. Governor Johnson to [? Mr. Delafaye]. Proposes that
Capt. Sutherland (v. supra) be allowed 5s. a day out of the
quit-rents as pay, since it would be greatly for H.M. service that
his command should be independent of the Assembly. There
228 COLONIAL PAPERS.
1730.
has been hitherto no establishment of pay to the Commander
of Fort Johnson " but what the Assemble gives which is but
30 a year, and makes the commander in a great measure
dependant on them as happen'd to Capt. Sutherland was
removed and a friend of theirs in his place. And it has
happened in New England that when the Assemble have not
been obliged in their recommendations of that kind, they would
allow no pay at all to the person appointed by the Governor.
And the like may happen to Capt. Sutherland " etc. Signed,
Robt. Johnson. 1 p. [C.O. 5, 388. /. 28.]
Aug. 5. 369. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following in reply to 23rd June. Continue :
We design'd to have annex'd copies of all papers in our Office
relating to grievances in the Spanish trade or contraventions of
Treaties, to our detriment, taking notice from whom the said
papers came, that the Commissaries may if needfull correspond
with them for further information. But as these papers are
very numerous and will require much time to be copyed we did
not think proper to detain the said Instructions longer for them,
but shall transmit them to the said Commissioners as soon as
may be etc. But in the mean time we send your Grace copies
of several reports formerly made by this Board relating to H.M.
right to the Bahama Islands, to the River Alatamaha, and to
the title which the British subjects have to cut logwood in the
Bay of Campeachy ; as also a report in answer to the
Guipuscoans pretensions to fish at Newfoundland, which we
presume may be sufficient information for H.M. Commissaries
upon these heads etc. Autograph signatures. 2 pp. Enclosed,
369. i. Draft of H.M. Instructions to Benjamin Keene, Arthur
Stert and John Goddard appointed Commissaries to
treat with those appointed by the King of Spain (under
6th article of Treaty of Seville etc.). 18| pp.
369. ii. Observations upon preceding, by the Council of Trade
and Plantations. Propose certain alterations, and,
in the 4th Instruction instead of the words limits
between Our Province of S. Carolina and the King of
Spain's Province of Florida, propose to insert the Limits
of Our Province of S. Carolina only, " Because we are
far from acknowledging that Florida belongs to the
King of Spain ; for Florida in its natural extent would
take in both the Carolinas. But we know of no settle-
ment the Spaniards have on that coast between Port
Royal and the Point of Florida at the entrance of the
Gulph of Mexico, except St. Augustin, which is near
100 miles to the Southward of the River Alatamaha,"
etc. 7| pp.
369. iii. Sir Henry Penrice's report to the Lords Commis-
sioners of the Admiralty as to the extent of the British
AMERICA AND WEST INDIES.
229
1730.
[Aug. 0].
Arlington
Street
Aug. 6.
Aug. 6.
Aug. 6.
seas (i.e. southward as far as Cape Finisterre. Drs.
Commons. 16th June, 1721. Signed, H. Penrice.
Copy. 7 pp. [C.O. 5, 383. Nos. 51, 51 i iii.]
370. List of persons recommended by Governor Burrington
for the Council of N. Carolina : (a) Smith, Chief Justice ;
Nathaniel Rice, Secretary ; James Jenoure, Surveyor ; Robert
Halton, Edmund Porter, John Baptiste Ashe, James Stallard,
Eliezer Allen, Mathew Rowan, Richard Eyans, Cornelius
Harnett, John Porter, senior, Esqrs. f p. (b) Draft of pre-
ceding, f p. The whole endorsed, Reed., Read 6th Aug., 1730.
[C.O. 5, 293. ff. 17, 18, 19u.]
371 . Lord Carteret to the Council of Trade and Plantations.
Reply to 4>th. Concludes : As I never desired to part with any
of my said right and interest there, otherwise than as set forth
in my petition, so I beg leave to referr myself to the said petition,
having nothing to offer at present towards setting any
determinate value upon my said interest in Carolina, which I
apprehend to be very considerable and capable of such improve-
ments as are likely to make it as valuable an estate to my family,
as any subject has in America. Signed, Carteret. Endorsed,
Reed., Read 6th Aug., 1730. If pp. [C.O. 5, 361. ff. 148,
1480., 1490.]
372. Memorial of loss and damage (600) sustained by David
Paynter, of Dale, Pembroke, owner of the ship Martha and her
cargo, bound from Cork to Jamaica with provisions etc. taken
by a Spanish guarda costa, 25th July, 1719, off Jamaica, and
condemned at St. Domingo contrary to the Peace. With
testimonials etc. 5 pp. [C.O. 388, 90. ff. 171-172, 173, 174,
174i\, 1750.]
373. Memorial of loss and damage (800 sterl.) sustained
by Thomas Jenner & Co. of New England by the capture of the
sloop Medford by a Spanish sloop, 4th Aug. 1729, in her passage
from Jamaica to Boston. Deposition etc. 4 pp. [C.O. 388,
91. Nos. 21, 21 i, ii.]
374. Memorial of loss and damage (1582 Is. 3d.) sustained
by Samuel and John Storke by the seizure of the ship Honest
Bess, at Alicant, Nov. 1718, laden with fish from New England.
Deposition, signed, Sam. Storke. Endorsed, Reed. 14th Nov.,
1730. Copy. I? pp. Enclosed,
374. i. Paper relating to preceding. Copy. 2 pp. [C.O.
388, 91. Nos. 8, 8 i.]
Aug. 6. 375. Memorial of loss and damage sustained by Thomas
Jenner, Daniel Oliver and Thomas Moussell of Boston, N.E.,
230 COLONIAL PAPERS.
1730.
owners of the brigantine Prudent Hannah, and part of cargo,
seized by the Spaniards within two leagues of Cape Charles,
Virginia, 5th June, 1724, laden with rum, molasses, hops and
dry goods from Boston for Virginia. The Spanish vessel was
flying British colours. The brigantine herself was worth 500.
Part of the cargo belonged to Andrew Mead, Theophilus Pugh
and John Bordland of Virginia. Deposition by Thomas
Moussell, master, and Andrew Steward, cabin boy. Williams-
burgh, llth June, 1724. Certified by, Samuel Storke. Endorsed
as preceding. 3pp. [C.O. 388, 91. Nos. 9, 9 i, ii.]
Aug. 6. 376. Memorial of loss and damage (78 1.9. 5d.) sustained
by Charles Chambers, of Boston, for goods consigned to him,
on board the Ann (v. Aug. 7th). Deposition, signed, Saml.
Storke. Endorsed as preceding. Copy. 1 p. Enclosed,
376. i, ii. Bill of lading and invoice of above goods. 2| pp.
[C.O. 388, 91. Nos. 12, 12 i, ii.]
Aug. 6. 377. Memorial of loss and damage (10 185. Id.) sustained
by Samuel Storke and John Williams of London merchants,
owners of goods on board the Ann (v. Aug. 7th), consigned to
John Osborne & Co. at Boston. Deposition, signed, Sam.
Storke. Endorsed as preceding. Copy. 1 p. Enclosed,
377. i. Invoice of above goods. 1 p. [C.O. 388, 91. Nos.
13, 13 L]
Aug. 6. 378. Memorial of loss and damage (128 7s. 5d.) sustained
by Samuel Storke for goods consigned by him to John Osborne
& Co., Boston, in the Ann (v. Aug. 7th). Deposition, signed and
endorsed as preceding. Copy. 1 p. Enclosed,
378. i., ii. Invoice and bill of lading of above goods. 2 pp.
[C.O. 388, 91. Nos. 14, 14 i, ii.]
Aug. 6. 379. Memorial of loss and damage (59 19s. lOd.) sustained
by Samuel Geerish, of Boston, for goods consigned to him on
board the Ann (v. Aug. 7th). Deposition, signed and endorsed
as preceding. 1 p. Enclosed,
379. i., ii. Bill of lading and invoice of above goods. 2 pp.
[C.O. 388, 91. Nos. 15, 15 i, ii.]
Aug. 6. 380. Memorial of loss and damage (182 18s. 6d.) sustained by
Timothy Prout of Boston for goods consigned to him in the
ship Ann (v. Aug. 7th). Deposition, signed and endorsed as
preceding. 1 p. Enclosed,
380. i., ii. Bill of lading and invoice of above goods. 2 pp.
[C.O. 388, 91. Nos. 16, 16 i, ii.]
AMERICA AND WEST INDIES.
231
1730.
Aug. 6.
Aug. 7.
Aug. 8.
London.
Aug. 11.
Whitehall.
Aug. 11.
Whitehall.
381. Memorial of loss and damage (61. 7*. 8d.) sustained by
Nathaniel Cunningham of Boston, for goods consigned to him
in the Ann (v. Aug. 7th). Deposition, signed and endorsed as
preceding. 1 p. Enclosed,
381. i., ii. Bill of lading and invoice of above goods. 2 pp.
[C.O. 388, 91. Nos. 17, 17 i, ii.]
382. Memorial of loss and damage (103Z. 5s. 2d.) sustained
by Robert Hackshaw, London, merchant, for goods shipped
from London and consigned to Jonathan Belcher, Boston, on
board the Ann, Thomas Jenkins master, seized by two Spanish
men of war in the English Channel, May, 1727. Deposition,
signed, Robt. Hackshaw. Endorsed, Reed. 14th Aug. 1730.
Copy. 1| pp. Enclosed,
382. i., ii. Invoice and bill of lading of goods referred to in
preceding. 2 pfr. [C.O. 388, 91. Nos. 11, 11 i, ii.]
383. Governor Burrington to [? Mr. Delafaye]. Receiving
the inclosed (v Aug. 4th), I waited upon the Lords Com-
missioners for Trade, and shew'd them my old list of
Councellours without any names against Chief Justice, and
Secretary. Coll. Bladen filled them up with his own hand before
Mr. Pelham and Mr. Brudenell ; I hope his Grace the Duke of
Newcastle (my noble patron) will not be offended : Mr.
Brudenell has promised to inform his Grace how cautious I
behaved etc. Signed, Geo. Burrington. 1 p. Enclosed,
383. i. Copy of No. 366. [C.O. 5, 308. Nos. 8, 9.]
384. Council of Trade and Plantations to the Committee of
Privy Council. Report reply received from Lord Carteret.
v. Aug. 6th. [C.O. 5, 400. p. 383.]
385. Council of Trade and Plantations to the Lords
Commissioners of H.M. Treasury. The business of this Office
having been very much encreas'd of late by the frequent
demands that have been made in Parliament for papers relating
to the Trade and Plantations of Great Britain, and it being
still likely to be further augmented by the correspondence wch.
we are directed by H.M. to hold with His Commissaries appointed
to treat with those of Spain concerning the matters referr'd to
them by the Treaty of Seville, we shall stand in need of more
assistance than the ordinary establishment of our Office will
admit of. For we have no Solicitor, tho' such a person is
frequently wanted, and our Secrys. are so fully imploy'd by the
common business of the Office, that they have not time for the
drawing of reports, and therefore we find ourselves under a
necessity of desiring that your Lordsps. wou'd impower us to
appoint an additional Officer with the title of Solr. and Clerk
232
COLONIAL PAPERS.
1730.
of the Reports. As the person who shall be pitch'd upon for
this imployment must be a man of good judgement and abilities,
it will be requisite he shou'd have a competent salary, and we
wou'd propose to your Lordships that it may be 200 pr. annum
payable out of the contingencies of our Office. [C.O. 389, 37.
pp. 314, 315.]
Aug. 11.
Whitehall.
386. Mr. Wheelock to Mr. Hintze. Reply to letter of Aug.
8 (July 29). My Lords Commissioners have been attended by
Mr. Lascelles etc. The substance of Col. Phillipps and Col.
Dunbar's Instructions concerning the terms and incouragement
to be given to foreign Protestants and others has been com-
municated to him etc. Continues : As to the credit which you
desire of 301. their Lordships are surprized at such a request,
since you have received by order of the Treasury 1201. which
was what your Father proposed for the expence of himself and
two other Palatines to assist him at the rate of 205. a day for
four months the time wherein he computed the service you are
now employed about would be performed. Your letter of 26th
imports that the informing your Agent that the instructions
are genuine would compleat the affair etc. [C.O. 218, 2. pp.
218, 219.]
Aug. 11. 387. Memorial of loss and damage (452/. 10s. lOd.) sustained
by Thomas Palmer of Boston, N.E., owner of goods shipped in
the Anne (v. 16th July). With invoices, clearance etc. 5 pp.
[C.O. 388, 90. ff. 176-178, 179, I80v.]
Aug. 12.
Treasury
Chambers.
388. Mr. Scrope to the Council of Trade and Plantations.
Reply to llth inst. My Lords Commissioners consent to your
appointing an additional officer under you with the title of
Solicitor and Clerk of the Reports for so long time as you shall
want the assistance of such an officer, and that he be allowed
200Z. pr. annum out of the contingencies of your office etc.
Signed, J. Scrope. Enclosed, Reed. 14th, Read 18th Aug., 1730.
Addressed, f p. [C.O. 388, 79. No. 65.]
Aug. 13.
Whitehall.
389. Council of Trade and Plantations to the Committee
of the Privy Council. Pursuant to Order of 4th July, submit
draughts of Additional Instructions, and also for the Governors
of all the Colonies mentioned in the Act for giving further
encouragement for the importation of Naval Stores (Mass.
Bay, N. Hampshire, Nova Scotia, New York, New Jersey,
Connecticut and Rhode Island) and also for Col. Dunbar, relating
to H.M. share of forfeitures incurred for destroying H.M.
woods etc. Mem. : The instructions were prepared by the
copy annexed to the Order of the Committee, v. 4th July.
[C.O. 324, 11. pp. 236-340.]
AMERICA AND WEST INDIES. 233
1730.
Aug. 13. 390. Lt. General Mathew to the Duke of Newcastle. Your
Antego. Grace's commands of 22nd Jan. last were not deliverd to me
till late in April, when I immediately publish'd throughout this
Government H.M. Order of the same date for the restitution
of prizes to the Spaniards, and I waited expecting such as
pretended any injurys from the Spaniards, and which from the
King of Spain's cedula they might hope for a reparation of,
would have made some application to me, and so have given
me an occasion of obeying H.M. orders, by sending your Grace
an account of what I should do on their behalf herein, but no
such application having been made to me, I have hitherto waited
in vain. There came a Gentleman out of England commissioned
by some merchants at home, who had some such claims to make,
but he never communicated anything of it to me or seemed to
be willing I should join or assist him by my letter or otherwise
in making his claims. He applyed himself to Capt. Barneley
Commander of H.M.S. on this station, who carry'd him
directly down to Puerto Rico, and thence to St. Domingo, and
there at his own request, left him. Capt. Barneley is now
return'd, and tells me the Governour of Puerto Rico would show
no manner of regard to the copy of the King of Spain's cedula
that was showd to him, nor suffer his officer to continue on
shore, or get any the least refreshments, but declar'd he should
continue cruizing on the English, till he had orders directly
from his King. At Sta. Domingo he was us'd with a great deal
of civility. But the Governour would direct no restitution to
be made, waiting orders for that purpose. I have since been
honour'd with your Grace's orders of 10th March, with the South
Sea Co.'s memorial etc. I calld upon Mr. Dunbar (who made
the seizure) immediately upon receipt of it, for his account of
that matter etc. I find no person here empowerd to receive that
restitution [of the effects of the Sta. Reta], if it were to be made,
which gives me still time to apply to your Grace for further
orders, and as that seizure was made above a year before llth
June, 1728, I am humbly of opinion, that 'tis not a damage for
which reparation is to be made on the 5th Article of the Treaty
of Seville. And as Mr. Dunbar does not alledge he at first made
this seizure for any contraband or illegal trade, but as supposing
a warr then waging between the two Nations, I humbly submitt
to your Grace whether this restitution (if it be made at all) is
not to be first discussed and decided, on the sixth and two
separate articles of that treaty, by the Commissarys appointed
to assemble at the Court of Spain. But, my Lord, Mr. Dunbar
since he made that seizure, as supposing a warr between the two
Nations, has found out evidence whereon to charge these
Spaniards with contraband trade in this island, and he thinks
them condemnable on this evidence, and the seizure a just one.
But as this discovery is made since their departure and sale of
the goods, he cannot now bring this matter to a judicial tryal.
234 COLONIAL PAPERS.
1730.
And here the Spaniards have but little room to complain, where
but 7000 pieces of f are seizd and lost to them out of 60,000, the
rest of which they carry'd off. But by this contraband trade
(had they been tryd) he thinks they would have been lost to
them. Tho' Sir Philip Yorke's opinion says not so, upon the
case as then stated to him, which was not so full. And therefore
I pray leave to lay before your Grace, at Mr. Dunbarr's request,
the answer he has given me on this matter, and with it the copys
of Sir Phillip Yorke's, Doctor Henchmans, H.M. Attorney
General's here and one of our most eminent Counsell's opinions,
whereon he endeavours chiefly to justify his proceedings in that
seizure, for any imputation of having been too forward or too
severe in that discharge of his duty. And I shall send, at his
request, the depositions, taken since, to prove the contraband
trade, to be laid before your Grace. I have since received the
duplicate of your Grace's orders hereon, and at each time that
your Grace's came to my hand, I receiv'd a letter therewith from
Messrs. Collitt and Perrie, Factors for the South Sea Company
on the coast of Carraccas, pressing me to see this restitution
immediately made, but referr me to what they shall farther
write me from Carraccas. I therefore do not expect to know
who will appear to demand this restitution, till after Mr. Perrie
get's from London thither. But I find, by his letter, it has been
suggested that this seizure would prevent a restitution of the
South Sea Company's effects occasion'd hereby, and that the
seizing the English sloops at Sta. Cruz, were reprisalia for this
seizure at Antigua. But, my Lord, the seizure at Antigua was
made the 2nd March, 172f, and the sloops were taken at Sta.
Cruz the February before, and the taking the sloops at Sta. Cruz
on the contrary occasion'd the seizure at Antigua, and I hope
my informations are well grounded and true, that Mr. Collitt
at Carraccas (Mr. Perrie's Joint Factor) has had a full restitution
already made him of his, or the Company's effects. He has been
at least long since return'd hence thither, and is resettled there
in as full enjoyment of his trade as formerly. Mr. Byng's
demand of this seizure (even now) from Mr. Dunbar, as a right
of the Admiralty, make's me also pray your Grace's farther
orderes hereon. Signed, William Mathew. Endorsed, R. Nov.
llth. 5 pp. Enclosed,
390. i. Sir Phillip Yorke's opinion on the case of the Santa
Reta. Aug. 26, 1727. Signed, P. Yorke. Copy.
2f pp.
390. ii. Opinion of Dr. Henchman on same. Signed, Hum.
Henchman. 15th July, 1727. 2f pp.
390. iii. Opinion of Attorney General of the Leeward Islands
on same. Antigua, 4th May, 1727. Signed, Ashton
Warner. I%pp.
390. iv. Opinion of Mr. Freeman on same. Signed, Tho.
Freeman. 2| pp.
AMERICA AND WEST INDIES. 235
1730.
390. v. Mr. Dunbar to Lt. General Mathew. Antigua, Aug.
3, 1730. Encloses above opinions which he obtained
upon his seizure of effects out of the Spanish ship Sta.
Reta, which was made 19 days after the siege of
Gibraltar was actually begun by them etc. 2 pp.
[C.O. 152, 43. ff. 99, 100, 101, 102, 103, 104i>.-106,
107-108, 109, 109i;., 111-12, 113, 1180.]
Aug. 13. 391. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following to be laid before the King.
Annexed,
391. i. Same to the King. Enclose Instructions for Governor
Burrington etc., " which Instructions we have made
agreeable to those given to Yor. Majesties other
Governors, in America, and more particularly to those
lately prepared for Colo. Johnson, Your Majesty's
Governor of South Carolina, so far as they are applic-
able to the circumstances of this Province, taking
notice in this report, of such alterations as have been
made therein. In the 1st Article, we have inserted the
names of twelve persons, who have been recommended
to us as fitly qualifyed to serve Your Majesty in the
Council of this Province, and have added to them, the
Surveyor General of Your Majesty's Customs in the
South part of America, for the time being ; Your
Majesty by your Order in Council of ye 28th of March
1729, haveing been pleased to approve of a proposal
made by this Board for appointing him a Member of
every Council in those Governmts. within his district,
which ye Board conceiv'd to be for Your Majesty's
service. We have inserted the 19th Article to ye same
purpose as that in Colo. Johnson's Instructions, for
remitting Yr. Majesties' share of ye arrears of quit
rent ; and as they are for ye future to be pd. in
Proclamation money, we take leave humbly to propose,
that all salaries and fees payable in the several offices
there, be likewise paid in Proclamation mony ; and
we have added some words at ye end of this Article,
to yt. purpose. We have inserted ye 41st Article,
directing the Governor to examine into several com-
plaints of a very high nature made against Sir Rd.
Everard, late Deputy Governor of this Province, by
ye Council, as likewise into ye complaints made by ye
sd. Sr. Rd. Everard, agt. ye Council and others, and
to report his proceedings thereupon. We have added
ye following words, to ye 42nd Instruction, vizt.
You are likewise to enquire, whether any grants of land
have been made in North Carolina, and to whom, without
authority from us, since we purchased the interest of
236 COLONIAL PAPERS.
1730.
seven of ye Proprietors of that Province ; which was on
ye 25th day of July 1729, that we may give such orders,
therein as shall be thought convenient for our service ;
being inform'd that Sr. Rd. Everard, Deputy Governor
for ye late Lords Proprietors in North Carolina, hath
taken upon him to make sever'l large grants of land
in that Province, since Your Majty. purchas'd seven
eighth parts thereof. Att ye end of ye 59th Instruc-
tion, we have added ye words ; unless by ye laws of
ye Province there are other fees, for ye like services
already established : having reason to beleive there
may be fees already settled there by law. All the
other articles in these Instructions, are ye same with
those proposed by this Board for Colo. Johnson your
Majesty's Governor of South Carolina.
391. ii. Draft of Instructions referred to in preceding. [C.O.
5, 323, ff. 16-49.]
Aug. 14. 392. Memorial of loss and damage (1793J. 95. Sd.) sustained
by Messrs. Cord Wing, Thomas Debuke and Isaac Clark of
Boston, N.E., owners of the William and Cord, bound from
Boston to Antigua, with staves, fish, horses, cattle, etc., taken
22nd Sept., 1727, by a Spanish privateer off Cape Cod and sold
at sea. With invoices, affidavits etc. 18 pp. [C.O. 388, 90.
ff. 121-133t;.]
Aug. 14. 393. Memorial of loss and damage (561. Us. sterl.) sustained
by William Clark of Boston by loss of goods consigned to him by
Francis Wilks of London, merchant, on board the Anne (v. 6th
Aug.). Deposition, signed, Fra. Wilks. Endorsed, Reed. 2nd
Oct., 1730. 1| pp. Enclosed,
393. i., ii. Invoice and bill of lading of above. 2 pp. [C.O.
388, 91. Nos. 29, 29 i, ii.]
14 Aug. 394. Memorial of loss and damage (201. 17s. 4>d. sterl.)
sustained by Capt. William Hinder of Boston by loss of goods
consigned to him by Francis Wilks on board the Anne (v. 6th
Aug.). Deposition, signed, Fra. Wilks. Endorsed, Reed. 2nd
Oct., 1730. 1| pp. Enclosed,
394. i., ii. Invoice and bill of lading of above. 2 pp. [C.O.
388, 91. Nos. 30, 30 i, ii.]
14 Aug. 395. Memorial of loss and damage (136/. 185. 2d.) sustained
by Joseph Harris of London, merchant, by loss of goods con-
signed by him to John Osborne and James Allen of Boston, on
board the Anne (v. 6th Aug.). Deposition, signed, Joseph
Harris. Endorsed, Reed. 2nd Oct., 1730. If pp. Enclosed,
395. i iv. Invoices and bills of lading of above. 4 pp.
[C.O. 388, 91. Nos. 31, 31 i-iv].
AMERICA AND WEST INDIES.
237
1730.
Aug. 14.
396. Memorial of loss and damage (381. 10s. 6d.) sustained
by John Caswall of London, merchant, by the loss of goods
consigned by him to Major Paul Mascareen at Boston, in the
Anne (v. 6th Aug.). Deposition, signed, John Caswall.
Endorsed, Reed. 2nd Oct., 1730. 2 pp. Enclosed,
396. i. Invoice of above goods. 1 p. [C.O. 388, 91. Nos.
32, 32 i.]
Aug. 14. 397. Memorial of loss and damage (1231J. 135. sterl.)
sustained by Messrs. John Caswall and Charles Eyre of London
merchants, and John Howell of Barbados, owners of the
Britannia, built for them in New England, and carrying a lading
of fish from thence to the Streights, she was forced into the
service of the King of Spain at Alicante, Feb., 1718. Deposition,
signed, John Caswall. Endorsed, Reed. 2nd Oct., 1730. 2 pp.
Enclosed,
397. i-iii. Charter parties relating to said ship. Spanish.
8| pp. [C.O. 388, 91. Nos. 4, 4 i.]
Aug. 14. 398. Memorial of loss and damage, 274Z. lls. sterl., sustained
by John Caswall, of London merchant and Thomas Wenmoth,
owners of the Kezia. Built for them in New England and
carrying a lading of fish from Boston to the Streights, she was
seized at Carthagena and forced into the service of the King
of Spain etc. Deposition, signed, John Caswall. Endorsed,
Reed. 2nd Oct., 1730. 3 pp. Enclosed,
398. i.-xv. Charter parties and receipts etc. relating to
preceding. Spanish. 17 pp. [C.O. 388, 91. Nos.
5, Si.]
Aug. 16. 399. Governor Worsley to the Duke of Newcastle. Mr.
Barbados. Maycock, one of H.M. Councel is dead, and Mr. Salter another
Counsellor, embarked lately for Bristoll, in so bad a state of
health, that his life was despaired of etc. Recommends for
vacancies Francis Vaughan and Michael Corner, two gentlemen
of the Assembly who have return'd their lists of negro's etc.
(v. 23rd April), are in good circumstances, and very well affected
to H.M. Government. As I have been informed that Mr. Hall,
and Mr. Ashley, have made interest by their friends in England,
to be of the Council here, I think it my duty to let your Grace
know, that Mr. Ashley, tho' Deputy Auditor General has most
violently appear'd against the payment of the 2s. Qd. tax, did
not pay the last year, nor give the list of his negro's this year,
notwithstanding H.M. Order in Council, and with his utmost
power has endeavoured to hinder Mr. Corner from being chosen
this year Assemblyman of the parish in which Mr. Ashley lives,
because that the former publickly declared he would return the
list of the negro's that should be given in to him, and of the
238 COLONIAL PAPERS.
1730.
defaulters, in obedience to the law, and H.M. Order in Council,
Mr. Hall has conducted himself much after the same manner
etc. Signed, Henry Worsley. 2 pp. [C.O. 28, 45. ff. 125,
I25v.]
Aug. [16]. 400. Same to the Council of Trade and Plantations.
Duplicate of preceding covering letter, mutatis mutandis.
Signed, Henry Worsley. Endorsed, Reed. 5th, Read 6th Oct.,
1730. 2 pp. [C.O. 28, 21. ff. 76, 76fl., 77i>.]
Aug. 18. 401 . Memorial of loss and damage (1473J. 105.) sustained by
Thomas Missing and Thomas Blakeley owners, and John Evans
and ship's company, of the Eagle on a voyage from London to
New England and thence with fish to Alicante, seized and taken
into the service of the King of Spain at Barcelona, Feb. 13,
1714. With proceedings, invoices etc. 29 pp. [C.O. 388, 90.
ff. 151, 152, 153-157,158, 159-167.]
Aug. 19. 402. Col. Dunbar to Mr. Popple. Abstract. Has received
letter of 7th May and Instructions of 27th April from Governor
Belcher who arrived on 8th inst. As to the Instructions, has
given notice in print [v. encl. iii]. Their being many hundred
familys waiting the publication of his instructions, if he had
acquainted them that they are only to begin at Penobscott and
thence to St. Croix, they would be so much discouraged that
none of them would stirr. He must broach it to them by
degrees. Hopes that upon reading his letters of May and
June, the Board will come to some more favourable resolutions
relating to the settlements, if for no other reasons but the
distance and dangerous navigation to cross the bay of Fundy.
Refers to map and the difficulty of keeping any correspondence
between a new settlement without a boat, and Annapolis which
has but three trading sloops between it and Boston. There
are times when not one vessel passes between them in 2 or 3
months, and generally 4 or 5 months in the winter. Continues :
If a number of familys upon the notice I have given will offer
themselves to go down, I will go with them, and do my best
endeavours to settle them, the vessels we must hire to carry us
will leave us as soon as landed, then we must maintaine our
ground or dye, and if we had a sloop to send to Governour Philips
he is now at Canso 150 leagues from Penobscott, and if he was
at Annapolis, I am much misinformed if he thinks he can spare
any of his garrison to assist us on ye other side of the Bay, and
I declare for my own part I would rather be enabled to make
the Indians a few presents at first and continue them once a
year than have troops to reduce them. I had sufficient proof
of this when I was but 37 days among them in Oct. and
November last, when I entertained them with a civility and
friendship they had never seen before, and made them a few
AMERICA AND WEST INDIES. 289
1730.
presents under 40/. sterl., out of my own pockt. which by my
eagerness to begin a flourishing settlement at Pemaquid, is
now a greater summ than I can command, and must therefore
go down to Penobscot very poorly provided to pass the winter
there ; If I call at Fredericks Fort, wch. in obedience to my
Lords Commrs. Orders I have now called ye first settlement,
with what face must I tell those who have layd out their money
there, that they are not to be concerned with me who induced
them thither, and with what remorse must I quitt all my
expenses there. As for the Fort, tho' but a dry stone wall
with strong pallisadoes, I dare not take away the few ship guns
and new collours I planted and hoisted there, without orders,
and I can purchase no other to carry with me, nor dare I do
it since it is declared under another Goverment. I wish and
earnestly beg my Lords would look over their own report of
the 14th of May, 1729, they would not be angry with me for
calling ye country the Province of Georgia, tho' I do not pretend
or think that that report was an authority to me but as I thought
the erecting a distinct Govent. was past dispute, and I was
willing to prevent the people disperseing etc. He hears nothing
of Mr. Waldo's success in his claims and hopes they will not
be confirmed. If they are, he will himself be in no little danger
of being mobbed etc. In accordance with his Instructions, he
will lay out 300,000 acres between Penobscot and St. Croix to
be reserved as a nursery for mast trees, but he is assured there
are no white pines below St. George's River fitt for large ships
etc., but what are in one long vein far up St. John's river, wch.
has such falls that altho' that river be much the largest in Nova
Scotia, the navigation is not practicable above one hour in
each tide. Mr. Waldo no doubt will represent it otherwise etc.
Has made it his business to be informed of all parts where white
pines grow. There are as large in Hudson's River near Albany,
and all the way navigable, as anywhere upon the Continent,
but their nature is heavy, brittle and knotty etc. Upon
Connecticut river there are innumerable mast trees the same
sort as in New Hampshire and Maine, but there are so many
falls between them and navigable water that it is thought
impracticable to bring them down. He has given leave to two
men to make an experiment next winter, by throwing masts
into that river with the bark on. They expect some to be
saved. Such will come cheap to the King, because there will
be little or no expence of carriage etc. He thinks the chief
dependance must be about the heads of Piscatua River and
Casco etc., " and to my certain knowledge between Kennebeck
Pemaquid upon navigable rivers, if the claimants of those
lands do not prevent them being layd aside for H.M. ; it was
there that I proposed to reserve the 100,000 acres when I
thought there was to be a province of Georgia, and a distinct
Governmt. God knows my aim as to my own advantage was
240 COLONIAL PAPERS.
1730.
but a feather in my hatt, a Brevett Governour without sallary
or any perquisites, and since his Majesty and his Ministers have
determined otherwise I chearfully submit, and impute it onely
to my adverse fortune against which I begin to despair to
struggle." Has had a letter from Mr. Burchett, but not an
answer to what he wrote of the contractor's agent, which
greatly discourages him etc. Recapitulates what he wrote 3rd
Feb. q.v. Continues : I am very proud of the honour my
Lords Commrs. are pleased to doe me in takeing notice
of any poor services I may chance to doe. I hope their
Lordships will be pleased at my remarks in my letter of the
1st of May last, I am much mistaken if it does not alarm them.
I then told you how much the iron tools made here exceed the
English. I now send you samples of each wch. perhaps my
Lords will order to be shewen to the chief manufacturers, in
my opinion it would be worth while to bribe or buy two principal
men here under whom all the good tools are made, one of them
is a poor man and would easily be persuaded to return to
England. Upon the arrival of Mr. Belcher the country have
made great rejoyceings, but I hear they are falling off and express
a discontent at his lofty carriage towards them, etc. Nobody
can say how he will succeed in the fixing a sallary. I have
applyed to him in obedience to my first instructions for acts
to supply the deficiencys in the late Act of Parliament for
preservation of the woods, and he has promised to do his
endeavour, he shewed me part of his intended speech to the
General Assembly of New Hampshire where I beleive he
will find the people more complying than in this province.
I am just now told that the 4 Members for this towne, who have
great influence in the House of Representatives have promised
to fix a sallary, but not the summ mentioned by the King, it
will be 1500Z. sterl. per ann., 1000L being too little to support
a Governour etc. Continues : Since I began this letter great
numbers of people inclined to settle to the eastward have been
with me, they were informed in towne that I am to begin but
at Penobscott and that I can give them no title to ye lands I
lay out, but they must depend upon another, and can have no
govermt. or authority where I am to fix them but what must
be derived from a place at a very great distance, these things
have made me despicable in the eyes of everybody, and
discourages the undertakeing etc. Begs that Mr. Philips may be
directed to spend part of his time at Penobscot or any other
appointed to confirme the titles of lands layd out etc. Does
not make this proposal for himself. His spirits are so sunk by
the usage he has received, and he has suffered so much from
the cold he endured last winter in the woods, that he is willing
to resign his employment in favour of his brother Jeremiah,
now one of his Deputies etc.
AMERICA AND WEST INDIES. 241
1730.
Aug. 29th. Three dayes agoe arrived here a ship belonging
to this townc from Amsterdam with 230 Pallatines, by their
contract bound to Pensilvania, they were much crouded in ye
ship which occasiond the death of some and ye want of water
brought them in here, the master complained to Mr. Belcher
that the passengers forced him in wch. the Govr. told me was
an act of piracy, the poor people being frighted wth. threats
to be prosecuted accordingly by the master and owner, have
been obliged to give up the obligations they had in writeing
to be put on shore at Philodelphia whither some of their familys
and acquaintance had been before them, and where by contract
they were to be allowed 3 months time to pay for their passage,
and are landed here and exposed to sale like negroes, and are
purchaseing by a company of Mr. Waldoes proprietors to be
planted where the pine swamps are in Shipscot river to ye
eastward of Kennebeck ; I begd of Mr. Belcher to see that
these poor creatures were not abused, but he is gone to New
Hampshire. I would appear for them, but am in the power
of the owner of the vessel for part of the provisions I sent to
Fredericks Fort last year. God help them ! they have a poor
chance for justice, for as a considerable merchant who was
chosen by a Piscatua man for a referee against one of Boston,
lately sayd, that a Piscatua man had no more chance for justice
here than an old england man, so partial are these people,
even in their carriage and manners. As I have formerly
presumed to hint at things that do not lye within my cognizance
properly, I now beg leave to acquaint my Lords Commissioners
that there are very large ships built and frequently building in
this country, many of them from 20 to 40 guns, with open
ports, and built more for sailing than burthen, they are all for
French and Spaniards, and purchased with French rum and
molasses, of wch. there is as general a consumption here all
thro' the Continent, as there was of porter and ginn in London
a year agoe, if the english Sugar Islands onely were to supply
the Continent, it would be advantagious to them, and this
would greatly promote the new settlements in Jamaica. If
a due registry of all ships is return'd home it will prove what
I say of the burthen and number of ships built here, tho' in
registrys there are no cautions nor exactness, if the Governours
were to have an idea upon these matters, I am persuaded my
Lords would be surprized and future inconveniences may be
apprehended from them, they sail hence wth. an English or
Irish master (a papist) and English mariners, they some times
carry the ships to Cape Breton, but mostly to the French and
Spanish West Indies with lumber and fish, and then the sailers
are turned adrift or debauched into foreign service. It is now
full time for me, etc., to give an account of the proceedings upon
the tryal of 2002 logs wch. was so strenuously espoused and
defended by Dr. Cook etc. The Judge browbeat us all, but H.M.
c.p. XXXVU-IG
242 COLONIAL PAPERS.
1730.
Advocate and Attorney Genii, pleaded the cause with such
success that 2002 shillings New England mony was decreed for
the King etc. If a larger sum had been decreed the man would
have gone to prison, and even this was raised by contribution
among the neighbours, so ready are they to assist each other
against the King. I herewith send you another appeal agt.
a decree wch. I so often mention'd wherein I had so much
difficulty to get bail admitted for prosecuteing the appeal. You
will see that this decree is directly against H.M.'s instruction
to me and the opinion of the Attorny and Sollicitor Genii,
upon the Act of the 8th of K. George the 1st. I humbly hope
my Lords Commrs. will be pleased to order this appeal
to be prosecuted at home, one or 2 reversals of New England
decrees would greatly terrify these people, and I shall be a
sufferer and insulted if I do not succeed etc. Altho' the Judge
of ye Admiralty decrees his own fees at proclamation mony
wch. is about 8*. pr. ounce of silver, or double the fees in province
bills, the 2002 shillings decreed from Mr. Loyd, which I have
receivd is but in Province bills now near 205. pr. ounce of silver.
I asked Mr. Belcher's opinion upon this point, who thinks that
all sums mention'd in Acts of Parliament are meant to be sterl.
mony, but the judge is of another opinion and obstinate in it.
I am told that the Majestrates of this towne refuse to lett the
Pallatines be landed here, they are yet upon an island 4 miles
from the towne, where quarentine is performed, and are to be
put on board the same vessel and sent to Philadelphia, it would
be a fine opportunity to furnish such a number of people to
Nova Scotia, if anyone dare answer for the payment of the
passage mony which I hear is allowed for such as are intended
to Annapolis and Canso. I believe I should have done it, but
that for time to come I have made a resolution not to exceed
the orders or powers sent me. New claims are dayly made of
lands to the eastward of Penobscot. Mr. Winnit, one of the
Council of Nova Scotia claims 20 miles square upon the coast
by a french grant when in the hands of the french, and he says
he knows of more, so yt. there is no likelyhood of an end to these
disputes. Herewith I send you a copy of one of ye Indian
deeds, and as I sayd before they have the same right to sell all
the rest of the lands, but I hope before now the Ministry have
come to a resolution upon the claims and settlements. I am
very unhappy that I ever mention'd or proposed any thing
relateing to them to the Offices, since they have taken a different
turn from what I thought was at first resolved upon. If I had
not been stopd I should soon have made a surprizeing settlement,
and would be the same as a new acquisition to England, and
with little or no expence, whereas under my present circum-
stances and difficulty s, without power, mony or friends, it is
impossible for me to strive against so much opposition and
so many enemys, and yet I will try all I can until I receive
AMERICA AND WEST INDIES. 243
1730.
farther orders either to be impower'd or discharged. I have
in obedience to the order you sent me publiquely recalled the
declaration, I beg pardon for issueing it, it was onely for ye
last winter, and whatever complaints Mr. Waldo may have
made against me for that, I could send certificates from the
Govrs. and all the Majestrates of the country yt. the King's
woods did not suffer by it. His agent here instead of expecting
to be restrain'd from logging is now building two more saw
mills, and tho' there are letters in towne of the beginning of
July, I have yet no answer from my Lords of the Admiralty
to my several letters relateing to Mr. Waldo and the woods.
In Governour Belcher's speech to the Genii. Court in New
Hampshire he has taken notice of my application to him about
the woods, and I am told they have promised to enact such
laws as may be necessary to preserve them.
Sept. 3rd. I do not expect that this Province will follow
their example ; He is expected this night in towne from New
Hampshire, and will give my Lords Commissioners an account
of his proceedings there, it might seem impertinent in me to
attempt it, but I beg leave to tell you that his demanding and
insisting on a fixed sallary has so alarmed the people here, that
some have sayd if he does the like to them they will spitt in his
face and the mobb doe threaten to pull down the houses of any
of the representatives who shall vote for it, his letters whilst
Agent in England and his former Speeches in the Assembly
and several declarations against a fixed sallary will be now
printed, and called Belcher against Belcher, the General Court
are to meet the 9th inst., soon after wch. vessels will sail for
England. Since I wrote the part of my letter relateing to the
iron tools wch. I herewith send you, I have enquired what may
be the reason of the difference between these and English, and
am told that in England they steel and make a tool at 3 or 4
heats at most, but here never under 11 or 12 heats, and besides
the goodness caused by this they make their tools here of
double the substance ; these wch. I send may be the first that
were ever sent to England, and I hope may be of use and service
to the manufacturers there. Sept. 5th. I have just received
a message from the Indians that they will by no means consent
to any settlements near Penobscot, and under my circumstances
it will be difficult to force them, so that I am perplexed which
way to behave upon this occasion. Pray Sir lay this before
my Lords Commrs. with my humble duty. Signed,
David Dunbar. Endorsed, Reed. 19th, Read 29th Oct., 1730.
Holograph. 19 pp. Enclosed,
402. i. An Indian Deed for sale of lands near Pemaquid to
John Brown, 15th July, 1625. Captain John Somerset
and Unnougoit Indian Sagamores they being the proper
heirs to all thee lands on both sides of Mascongus River
have bargned and sold to John Brown of New Harbour
244 COLONIAL PAPERS.
1730.
this certain tract or parcell of lands as followeth that
is to say beginning at Pemaquid Falls and so runing
a direct course to the head of New Harbour from thence
to the south end of Musconcus Island takin in the
Island so running five in and twenty miles into the
country north and by east and thence eight miles
north west and by west and then turning and runing
south and by west to Pemaquid etc., in and for considera-
tion of fifty skins to us in hand payed to our full
satisfaction etc. Signed, Capt. John Somerset his mark
and seal, Unnougoit, his mark and a seal. Signed
sealed in the presence of us Mathew Newman, William
Cox. Endorsed, Reed. 19th Oct., 1730. 1 p.
402. ii. Proceedings of Court of Vice-Admiralty, Portsmouth,
New Hampshire, April 21, 1729 April 10, 1730, in
the case of Arthur Slade v. Jeremiah Foolsom. The
Depty. Judge, Geo. Jaffrey finds that the prosecution,
being for felling white pines within the township of
Exeter, which is not contrary to the Act of 8th K.
George, fails. Appeal granted to Slade, on giving
security within 30 days to prosecute. The time for
prosecuting the appeal is protracted till 27th July,
when Slade, with Col. Dunbar and Jeremiah Dunbar
as sureties, gave bond for prosecution, and the appeal
was granted. Endorsed as preceding. Copy. Attested,
Geo. Walton, Depty. Registr. 12| pp.
402. iii. The Boston Gazette, Monday Aug. 10 to Aug. 17,
1730. Numb. 558. In " A letter from Col. Dunbar,
relating to the New settlements to the Eastward,"
he announces his Instructions to lay out for every 40
families 12 miles square, and that, if 40 families are
ready to go to the eastward, and carry their own
provisions, he will go with them and lay out lands for
them immediately etc. but desires that none come
thither to depend upon him for provisions or imploy-
ment, as too many did last winter, etc. Boston, Aug.
15, 1730. Signed, David Dunbar. Same endorsement.
Printed. Copy. 2 pp. [C.O. 5, 871. ff. 197-208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219-
220i?.,
[Aug. 20]. 403. Memorandum of a form of agreement prepared by
Sir Wm. Keith to be made with the Chiefs of the Cherokee
Indians. With note, this paper is missing. Endorsed, Reed.
Read 20th Aug., 1730. f p. [C.O. 5, 361. /. 161t>.]
Aug. 20. 404. Council of Trade and Plantations to the Duke of
Whitehall. N ewcas tle. I n re ply to 23r( l June, will prepare a general state
of the British Colonies as soon as may be etc. Continue : In
AMERICA AND WEST INDIES.
245
1730.
Aug. 24.
Boston.
the meantime a particular incident having fallen in our way,
which if rightly conducted may very much contribute to
fortify the British interest in Carolina, we thought it incumbent
upon us to acquaint your Grace, that we conceive it may be
for H.M. service that some treaty or agreement should be made
by H.M. Order with the Indian Chiefs of the Cherikee Nations
before their departure. Your Grace is well apprized of what
consequence the good understanding between H.M. subjects
of New York and the Five Indian Nations in their neighbour-
hood, has been of to the British interest in those parts. It may
truely be said that they are our frontier guards there, always
ready to defend our out-settlements and to make war upon
any other Nation whenever we require them to do so. We
conceive it is at present in our power to put the Cherikees upon
the same footing, and certainly it would be of great advantage
to do so because they are a warlike people and can bring 3000
fighting men upon occasion into the field. There are many
reasons might be offered for doing this, the opportunity and the
present disposition of the people who seem to expect it from
us ; For to return home again after so solemn an embassy
without doing anything of this sort, far from encreasing, would
weaken the friendship at present subsisting between H.M.
subjects and these people. To which may be added that in
such a treaty, words may easily be inserted acknowledging their
dependence upon the Crown of Great Britain, which agreement
remaining upon record in our Office, would upon future disputes
with any European Nation, greatly strengthen our title in those
parts, even to all the lands which these people now possess. But
however beneficial this work may be, we did not think it proper
to undertake it without H.M. approbation, and therefore we
desire your Grace would be pleased without loss of time to
obtain H.M. Orders for that purpose, for the Indian Chiefs will
very shortly return again to their own country, and if so fair
an opportunity should be lost, we may not perhaps have another.
As this treaty is to' be only with savages, we presume H.M.
Orders signifyed to us by your Grace in a letter, may be
a sufficient power for us to act by upon this occasion. Autograph
signatures. 3 pp. [C.O. 5, 4. No. 42 ; and 5, 400. pp.
384-386.]
405. Governor Belcher to the Duke of Newcastle. Refers
to letter of June 29. Continues : I landed here the 10th currt.
and publisht. H.M. Commission etc. I have been received with
all the respect and honour the people cou'd possibly pay to the
King's Commission. The General Assembly of this Province
stands prorogu'd to the 9th of next month, so I set out this
day for the Province of N. Hampshire to publish H.M. Commis-
sion there and design to return hither in ten dayes to meet the
Assembly when I shall carefully look over all my instructions
246
COLONIAL PAPERS.
1730.
from the King to which I am inviolably attacht and shall
communicate to the Assembly what may be necessary in support
of H.M. honour, the interest of Great Britain, and the good of
H.M. Provinces under my care, and these things I shall pursue
with all the dexterity I am master off, and after I have seen the
Assemblies of each Province I shall do myself the honour of
writing your Grace a particular account of all my proceedings
etc. I have issu'd a Proclamation with the particulars of the
peace with Spain etc. Copy enclosed. Signed, J. Belcher.
Endorsed, R. Oct. 19th. If pp. Enclosed,
405. i. Proclamation by Governor Belcher of the Peace with
Spain and for the restitution of prizes as Jan. 22nd.
Boston. 18th Aug., 1730. Signed, J. Belcher.
Printed, by B. Green. 1 p. [C.O. 5. 898. Nos. 75,
75 i.]
Aug. 24. 406. Governor Belcher to the Council of Trade and Planta-
Boston. tions. Repeats gist of preceding. Signed, J. Belcher. Endorsed,
Reed. 19th, Read 20th Oct., 1730. 1 p. [C.O. 5, 871. ff. 163,
Aug. 26.
407. T. Lowndes to the Council of Trade and Plantations.
Encloses specimens of sesamum oil and seed as Aug. 3lst, adding,
It re Joyces in the pine barren land (wch. is generally a light
sandy soil) and an acre produces about 20 bushels of about
52 Ib. each, and 52 Ib. yield 11 quarts of oyl., etc. This seed
will make the pine barren land of equal value with the rice
land, etc. Signed, Tho. Lowndes. Endorsed, Reed., Read
26th Aug., 1730. Holograph. 2 pp. [C.O. 5, 361. ff. 162,
I63v.]
Aug. 26.
Whitehall.
408. Council of Trade and Plantations to the Duke of
Newcastle. In obedience to H.M. commands, 6th March,
having some time since transmitted to your Grace our represen-
tation with a state of H.M. title to Sta. Lucia, we now inclose
our report upon H.M. title to the island of St. Vincents, which
we hope is founded on such authentick testimonies , and
vouchers, that the French will have no room for further disputes
upon this subject. Autograph signatures. Endorsed, R. Sepr.
16. Copy sent to E. Waldegrave, Nov. 30th, 1730. 1 p.
Enclosed,
408. i. Same to the King. Refer to representation of July
9th etc. Continue : It appears by Purchas's Pilgrims
that this island was discovered soon after that of
Sta. Lucia, vizt. in 1606, by an English ship fitted
out by Capt. Charles Leigh and his brother Sir Olave
Leigh, for their plantation at Guiana, which was many
years before the French had any settlements in those
parts. (Ap. i). Sir Thomas Warner likewise took
AMERICA AND WEST INDIES. 247
1730.
possession of this island in due form for King James
I (Ap. ii), as appears by the Lord Carlisle's Commission
to the said Sir Thomas, and tho' we cannot precisely
fix the day when this was done, it must have been
before the year 1625, for King James dyed the 27th
of March in that year, and he had particularly approv'd
of Sr. Thomas Warner's services before his death, in
consideration whereof H.M. constituted him Keeper
of that and all the other Charribbee Islands. In
1627 all the Charribbee Islands and St. Vincents by
name, were granted by King Charles I to the Earl of
Carlisle in consideration of his having discovered and
settled them at wch. time in all probability this island
was unknown to the French for the reasons mention'd
in our representation on Sta. Lucia (9th July), vizt*
because their first patents and commissions for settle-
ments in those parts wch. bear date about the same
time with Lord Carlisle's grant of all the Charribbee
Islands, only name St. Christophers and Barbados.
There are likewise many other proofs in that Repre-
sentation, so plainly and obviously applicable, to the
support of your Majesty's title to this island, that we
shall not trouble your Majesty with a very particular
repetition of them. St. Vincents, for instance, as
well as Sta. Lucia, was expressly contain'd in the
grant (Ap. iii) which King Charles II made of one
moiety of the revenue of the Charribbee Islands to
Francis Lord Willoughby in 1662, whom the year
after he appointed his Governor of those Islands.
And in 1666 William Lord Willoughby was impowered
(Ap. iv) to depute Governors for the other islands
contain'd in his Commission, of which St. Vincents
was one, and he was instructed (Ap. v) to assert H.M.
right to those islands with all his skill, and even by
force, if the same should be necessary. He was likewise
ordered (Ap. vi) to treat with and make an agreement
with the Indians of St. Vincents and Dominico to
prevent all acts of hostility between them and the
subjects of England settled on those islands, and if
the said Indians would not be reduced by reason,
to subdue them by force (Ap. vii). But in March,
166| he concluded a peace with them, and they then
acknowledged themselves subjects to the King of
England, by which Act the dominion of the Crown of
Great Britain over those Islands acquired a new
confirmation. He was also particularly directed (Ap.
viii) to inquire whether any of the islands named in
his Commission, were in possession of the French
King's subjects, and if so, to dispossess them, all which
248 COLONIAL PAPERS.
1730.
discoveries, settlements, grants, agreements, commis-
sions and instructions were previous to the Treaty of
Breda, by the 12th Article of which Treaty, each of
the contracting Powers was to hold and possess what-
ever they were possessed of respectively before 1st
Jan., 1665. In 1669 Lord William Willoughby's
Commission to be Governor of these islands was
renewed (Ap. ix). In April 1672 the Government
of the Charribbee islands was divided (Ap. x), and
King Charles II appointed Lord Willoughby Governor
of Barbados, Sta. Lucia, St. Vincents, Dominico and
the rest of the Charribbee islands lying to windward
of Guardeloupe only. In the year following Lord
Willoughby dying, Sir Jonathan Atkins was appointed
Governor of the same islands (Ap. xi). In 1680 Sir
Richard Button had the same Commission (Ap. xii).
In 1685 Sir Richard Button having orders to come to
England, Collo. Stede succeeded him as Lieut. Governor
and Commander in Chief of Barbados, Sta. Lucia, St.
Vincents and Bominico etc. (Ap. xiii). It was this
Colo. Stede who sent Capt. Temple to dispossess all
foreigners from Sta. Lucia, and at the same time
ordered him (Ap. xiv) to visit St. Vincents also upon
the like errand. The Captain accordingly went thither,
asserted the British right, and set up the King's arms
there in August 1686, and it appears by the books in
our Office (Ap. xv) that the English were in possession
of this island in Nov. 1686, when the Treaty of
Neutrality was signed, by the 4th Article of which
Treaty, each of the contracting Powers were to hold
what they then possessed in America respectively.
In March following Col. Stede published this Treaty
in St. Vincents, as a dependance on his Government
and again set up the King's arms there. From 1674
the Governors of Barbados were instructed (Ap. xvi)
not to encourage any planting except in Barbados etc.,
as July 9th. Continue : For which reason the English
were discouraged from making regular settlements
there, and when the British ships have retired from these
islands (Ap. xvii) the French have sometimes taken
that opportunity to cut timber, hunt and fish in these
islands, which gave occasion to so many instructions
for expelling them ; and they were constantly driven
off the sd. islands whenever our ships returned thither.
It plainly appears by the return of the Commissioners
appointed in 1688 (Ap. xviii), to examine into King
James the 2nd's right to those islands, as well as by
Col. Stede's letter which accompany'd that return,
that the French pretentions, such -as they are, to any
AMERICA AND WEST INDIES. 249
1730.
of them, must have taken their rise from these stolen
intervals, and from the weakness or neglect of the
English Governors during the time of the Rebellion.
It is evident from M. Senigclay's letter (Ap. xix)
(19th Nov., 1686), that the French took great offence
at Capt. Temple's proceedings in Sta. Lucia, but they
made no complaint of anything he had done at St.
Vincents, from whence we may reasonably conclude,
that they did not then pretend any title to this island :
and that we then understood they had none, is plain,
for in March, 1686, Col. Stede published the Treaty
of Neutrality in St. Vincents, as dependent on his
Government, and again set up the King's arms there,
which is likewise a proof that we conceived the said
Treaty to be a decisive confirmation of our right to
that island. But as we have not yet been inform'd
upon what grounds the French pretend any right to
St. Vincents, we are at a loss to find out when their
claim can arise. True it is that M. Tallard in his
Memorial (Ap. xx) to King William, dated in Jan.
T7THT seems to affirm that this island and Sta. Lucia by
some former Treaty were allotted for a retreat to the
Caribbean savages, which savages having then put
themselves under the French King's protection, he
demanded on their behalf, that the English should not
settle those islands etc. We know of no such Treaty
between the two Crowns, and if there ever was any
agreement of that sort between the Governors of
Barbados and Martinico, during the time of the
Rebellion, it would not bind the Crown of England,
but such an agreement avow'd and insisted on by their
own Ministers so many years after, will surely be a
strong proof against the French, that they had no
pretensions to this Island in their own right at the
time when they so insisted ; and that they could have
none in right of the Indians is plain ; For the said
Indians had long before declared themselves subjects
to the King of Great Britain, vizt., in March, 166|
(Ap. vii) when the Lord Wm. Willoughby concluded
a peace with them. As it is natural for the authors
of every Nation to extend the territories of their own
Prince as far as they can, it is not to be doubted, that
if Pere du Tertre or Pere Labbat had conceived, the
Christian King had any right to this island, they would
have given the world very ample relations of his title ;
But the first of these writers is intirely silent upon this
subject, tho' the last volume of his History of the
Antilles was printed in 1671, and Pere Labbat in his
voyages printed at Paris in 1722 declares, that passing
250 COLONIAL PAPERS.
17130.
by this island the 24th Sept., 1700, he found the same
inhabited by the savages and fugitive negroes from
Barbados only, he says indeed, there was one French
Missionary there, but he does not pretend to assert
that the French had any manner of title to it. Quote
Labbat, vol. II. p. 148. Continues : After so fair
a confession from so modern an Author, we hope the
French will no longer pretend any title to the Island
of St. Vincents, whereunto your Majesty has so clear
a right, founded on discovery, possession, submission
of the Natives, kept up by frequent claim, and
confirm'd by the Treaties of Breda and Neutrality.
Autograph signatures. 12 pp. Enclosed,
408. i. Appendix, (i) Purchas' Pilgrims, iv, 1265.
408. ii, iii. v. July, 9, x and xv.
408. iv. Extract of Lord William Willoughby's Commission,
1667.
408. v, vi. Clauses from Lord W. Willoughby's Instructions.
408. vii. Extract of letter from same, July 9, 1668. v. C.S.P.
408. viii. v. July 9, Nos. xvi, xix.
408. ix, xi, xii, xiii. Entered in the books of the Board of
Trade.
408. x. Extract of Lord W. Willoughby's Commission, 1672.
408. xiv, xv. Extract of letter from Governor Stede, 18th
Sept., 1686 ; and 19th March, 1687. v. C.S.P. under
dates.
408. xvi. v. July 9. No. xxxvi.
408. xvii. Extract of letter from Governor Stede, 19th Sept.,
1687, and 10th March, 1688. v. C.S.P.
408. xviii-xx. v. July 9, Nos. xi, xxii, xxxiv. Endorsed,
Copy sent to Lord Waldegrave, 30th Nov., 1730. 11
pp. [C.O. 260, 3. Nos. 2, 2 i, ii ; and (without
enclosures) 29, 15. pp. 178-196.]
Aug. 31. 409. Duke of Newcastle to the Council of Trade and
Windsor Plantations. H.M. is pleased to approve [of your letter of 20th
Castle. inst.], and to direct, that you should make such agreement, and
in such manner, with the Indian chiefs [of the Cherikee Nations],
as you shall think for H.M. service. Signed, Holies Newcastle.
Endorsed, Reed., Read 1st Sept., 1730. 1 p. [C.O. 5, 361.
ff. 164, 1660.]
Aug. 31. 410. T. Lowndes to \? Mr> Delafaye]. A planter in S.
Carolina sent me, some time ago a parcel of seed, (of sesamum)
of which he said that province could produce any quantity.
By experiment I found 21 Ib. of seed produced near 9 Ib. of
good oyl etc. Encloses specimens. The Lords of the Treasury
have ordered it to the Royal Society to examine my experiment
etc, Describes the plant etc. The oyl may be of great use in
AMERICA AND WEST INDIES. 251
1730.
our woolen manufacture, and is for many purposes even preferr-
able to olive oyl ; of which commodity about 5000 tons are
cntred annually at the Port of London etc. Concludes : Your
Honour knows what good effect the making some pott-ash in
Our Plantations has had in the last contract with the present
Czarina, for that commodity. Signed, Tho. Lowndcs. 3 pp.
[C.O. 5, 383. No. 53.]
Sept. 2. 411. Governor Philipps to the Council of Trade and
Canso. Plantations. I have done myself e the honour by every
opportunity since my return to this Government of acquainting
your Lordships with the state and posture of affairs therein
etc. By my last dated 3rd Jan. your Lordships may have
perceiv'd that I had apply'd myself particularly to bringing
our French inhabitants to submitt themselves to the Crown
of Great Brittain, by swearing allegeance to H.M., a work which
became dayly more necessary in reguard to the great increase
of those people who are at this day a formidable body, and
like Noah's progeny spreading themselves over the face of the
Province. Your Lordships are not unacquainted that for
twenty years past they have continued stubborn and refractory
upon all summons of the kind, but haveing essay'd the difference
of Government in my absence they signify 'd their readiness to
comply with what I shou'd require of them at my return, for
which reason I judg'd no time so proper to sett about
it as at my first arrivall among them, etc. Refers to end. Jan. 3.
Continues : I acquainted your Lordships at the same time of
my purpose to proceed up the Bay of Fundy (as soon as the
the winter broke up) where the gross of the inhabitants are
settled to finish the work so well begun, which I have the
satisfaction to have seen fully compleated, and have now the
honour to congratulate your Lordships on the entire submission
of all those so long obstinate people and H.M. on the acquisition
of so many subjects. A duplicate of the instrument to which
they have sworn and sign'd goes herewith inclosed and is
exclusive of the other transmitted from Annapolis : they are
all marry'd and may be computed at five in a family one with
another by which your Lordships will find the number of those
people at this day, adding to the number about fifty straggling
familys who wait my return to Annapolis. The greatest
obstruction that I apprehended to meet with in the course of
this affair was from the Indians, who I had notice given me
had taken the alarm, and were assembled in bodys to know
what was upon the anvil, but by good management, plain
reasoning and presents which I had prepared for them, they
were brought into so good temper that instead of giveing any
disturbance they made their own submission to the English
Government in their manner and with danceing and huzzas
252 COLONIAL PAPERS.
1730.
parted with great sattisfaction. Thus far the peace of this
country is settled with a prospect of continuance at least so
long as the union subsists betwixt the two Crowns, but to be
secure in all events requires farther precautions for 'tis certain
that all the safety of this Province depends absolutely upon the
continuance of that union ; when that ceases the country
becomes an easy prey to our neighbours, being in its present
state not capable of much resistance, and Canso (which is the
envy and rival of Cape Briton in the fishery) will be sure of
being the first attack'd, which will take them no more than
six or seven hours to march and possess it. But I am only the
watchman to call and point out the danger, 'tis with your
Lordships to gett it prevented. It is computed that the returns
of the fish carry 'd to marketts from Canso brings an yearly
encrease to the home dutys of thirty or forty thousand pounds
ster., if so, is it not looseing a sheep according to the proverb,
when one third part of one year's income only, laid out in a
fortification will put it out of danger. I am sure it will cost
ten times that sum to recover it when lost ; its present sad
condition is the surprize and discouragement of the troops
posted here, and to all such who desire to settle it. I have mett
here with one of Col. Dunbarr's Deputy Land Surveyers, the
first I have seen ; he tells me he is sent to this place to receive
my orders, whereas your Lordships' instructions to me only
say, that I am to be aideing and assisting to them, in what I
may, he is sett down here a passenger, and in no condition to
proceed from hence on the surveys, for want of a vessell, it not
being practicable by land ; I have propos'd to him to take him
on board the vessel, which your Lordships were acquainted I
had taken into the service, and on my return to Annapolis to
shew him the coast between this and Cape Sables and when I
shall be sett down there to lett him make use of her when I have
not immediate occasion ; by this method the service may be
done both ways, without farther expense, and is all I can do
toward furthering the work. Refers to the proposal of M. Le
Mercier (v. 2nd Oct. 1729, encl. iii) for settling a 100 familys
in Nova Scotia. Continues : A fertile soil and a good harbour
is what they want, to which no answer is yett receiv'd, it were
pitty such an offer could not be immediately embrac'd and
incourag'd, but more was not in my power. I should think
that now is the time our new French subjects should be putt
upon some footting, it's a misfortune that we are not one jott
the nearer to a regular form of Government by this acquisition,
their religion disqualifying them from makeing a part of the
Legislature, but whether they should not pay to the support
of the Government, and in what degree, and also be oblig'd to
take out new tenures for their lands, from the Crown to which
they are now become subject ; are matters whereto I shall
wait perticular orders and instructions ; Under this head it is
AMERICA AND WEST INDIES. 253
1730.
proper your Lordships should know that here are three or four
insignifycant familys who pretend to right of seigneurys that
extend almost over all the inhabited part of the Province, the
late Governor Nicholson carry'd with him from hence the originall
papers by which they claim; and all that they produce to me is
a foul scrip of paper, which they say is a copy of part of the
originall grant, (encl. ii), but I have told them that all pretentions
to seigneurys fall to the ground by the conquest of the country,
that there is no article in the Treaty of Utrecht in behalf of such
priviledges, or if there was they have long since forfeited by
refuseing to come in and swear allegeance to the Crown of
Great Brittain. The Chief of these is a woman, who has been wife
to two subaltern Officers of the Regiment ; she has by cunning
address got the others to make over their pretensions to her,
on promise of some small consideration, and is goeing over to
sollicite in hopes of obtaineing something of the Government
in lieu thereof. I believe a small addition to her pension as
an Officer's widow would content her, and put an end to that
affair. Your Lordships' queries shall be answer'd by the first
opportunity being but just come to hand. Lt. Col. Armstrong
who is gone for England carry'd with him one Manjean a French
Papist, who fled lately from Canada into this Province for a
barbarous murder, the Lt. Governor took him into his protection
and admitted him to take the oath ; after which he render'd
himself exceedingly odious to the inhabitants both English and
French they believing that the Lieutenant Governour had acted
toward them by his Counsell and advice ; at my arrivall he
finding many complaints were ready to be exhibited against
him, petitioned for leave to retire, which being granted with a
defense never to return gave a general satisfaction and prov'd
a great inducement toward their submission to the Crown of
Great Brittain. The fellow's character is very bad, but is
allow'd to have a genius and would make an excellent Minister
to an arbitrary Prince. Refers to enclosed account of the Fishery
at Canso, " which is now breaking up for this year, in wch.
the number of fishing vessels, has been short of last year,
occasion'd from the sickness at Boston, and the failing of some
marchants there, notwithstanding which the plenty of fish
made up so well for that deficiency that the quantity ship'd
fo*r forreigne marketts is not much less then last year. I shall
have the honour of writeing to your Lordship's at my return
to Annapolis." Signed, R. Philipps. Endorsed, Reed. 12th
Nov., Read llth Dec., 1730. 10 pp. Endorsed,
411. i. Return of the Canso Fishery, 1730. 158 vessels, their
cargoes and ports. 4 large pp.
411. ii. Copy of grant of lands in Accadie to M. Delatour
etc. Versailles, 20th March, 1703. Endorsed, Reed.
12th Nov., 1730. French. 4 pp.
254
COLONIAL PAPERS.
1730.
411. iii. Oath of allegiance to King George. Signed by the
French inhabitants of Nova Scotia. " Nous serons
entierement fideles et nous soumettrons veritablement
a sa Majeste George le second etc., que nous recon-
noissons pour le souverain seigneur de la Nouvelle
Ecosse et PAccadie." 591 signatures. Endorsed as
preceding. Parchment. 1 large folded p. [C.O. 217,
5. ff. 223-227i;., 228v.-23Qv. ; and (abstract of covering
letter) 217, 30. p. 41.]
Sept. 2. 41 2. Governor Philipps to the Duke of Newcastle. Duplicate
Canzo. of preceding covering letter. Signed, R. Philipps. Endorsed,
R. 18 Feb. 9 pp. Enclosed,
412. i. Duplicate of encl. ii preceding. French. 2| pp.
412. ii. Duplicate of encl. iii preceding. Parchment. 1 large
folded p. [C.O. 217, 39. Nos. 2, 2 i, ii.]
Sept. 3.
N.
Providence.
413. Lewis Bonnet to \? Mr. Delafaye]. Sr., since Governor
Rogers his arrival here he hath been at a very great expence
for repairing and improving the fort, in building of barracks
for sheltering the soldiers, there being before the hurricane but
a very poor rotton place which was then blown downe, and the
rest of the fort very much damaged and decayed. Mr. Pheney
having made no repairs ever since Governor Rogers's former
administration here ; the great expences of which must have
exhausted H.E. much this year, as also that of building a snow
and fitting her at his own expence, for the safety of the Trade
in these islands ; after having protected the inhabitants while
raking of salt, she has been to the Havana, warlike armed and
manned, also at H.E.'s charge, to the Governor and the English
facktor there, where he sent to complaine of a Spanish pirate
that had taken two vessels amongst our islands, which we are
to have satisfaction for from the Capt. and owners of the pirate
if it can be recovered and factors at St. Jago de Cuba. I am
going within a day or two to settle a correspondence to windward
at Hispaniola and as most of the Gent, here are ready to enter
into such a trade H.E. has recomended me to go in some of
their vessels supercargoe which may prove both a genteel and
profitable post. The Governor has been informed of some
stir made at home against him by Mr. Pheney which (as H.E.
is generally beloved) has caused some remonstrances (made
by the old inhabitants) to be offered to H.E., which doth lay
both Mr. Pheney and Mrs. Pheney in a very bad, tho' true light ;
I beleive 'twould have proved much more to their advantage
to have rested quiet, etc. Signed, Lews. Bonnet. If pp.
[C.O. 23, 14. ff. 133, lS3v.]
414. Governor Burrington to the Duke of Newcastle. In
North Carolina there are att this time ten precincts, when the
AMERICA AND WEST INDIES.
255
1730.
Sept. 3.
London.
Sept. 7.
Whitehall.
country is all over peopled, there may be as many more, att
present there is a Register in every precinct, but if H.M. gives
a Commission or Patent to any gentleman to keep a General
Register for the whole country, the precinct Registers must
drop. Signed, Geo. Burrington. 1 p. [C.O. 5, 308. No. 10.]
41 5. Publicus [i.e. Francis Freelove. v. Sept. 17] to the
Duke of Newcastle. I am no stranger to the unhappy disputes
in the Plantations between the people and their Governours,
which are of such a nature as seems to clash with the Prerogative
of the Crown, and may be of dangerous consequence if a stop
be not put to them etc. I have lived many years in the Planta-
tions, and have seen most of their remonstrances and complaints
etc., and could propose an expedient to allure them to their
duty, and thereby put an amicable end to those unnatural
controversies etc. They are now under the strongest appre-
hensions in case of a war, upon account of the miserable
condition of their fortifications, which they have neglected
ever since the late war etc. Has a scheme to propose that will
be no ways burthensome or disagreeable to them, by which
an additional revenue of 4-0,0001. pr. annum may be settled
on the Crown, to inable H.M. to put the fortifications into an
immediate state of defence etc. By this means the Crown may
be freed from any future dependance upon the people for the
better support of their Governours ; which will put a final end
to all complaints of that nature. I propose to raise this
additional revenue without any further tax upon the subject,
either at home or abroad, than what they now pay etc. P.S.
Will wait on his Grace if the receipt of his letter is acknowledged
in the next Gazette. Signed, Publicus. Endorsed, Advertised
accordingly. Addressed. Postmark. 2| pp. [C.O. 5, 4.
No. 43.]
416. Council of Trade and Plantations to Committee of
Privy Council. Representation on Mr. Browne's Memorial,
14th July. Have been attended by Mr. Browne, but no person
appearing in behalf of Depty. Govr. Gordon, propose to transmit
copies of the complaints to him for his reply. Continue : In
the mean time, we take leave to propose to your Lordships,
that H.M. orders be signify'd to the said Deputy Governor,
strictly requiring him not to discountenance or interfere with
the legal proceedings of the Judge or other officers of H.M.
Court of Vice-Admiralty in Pennsylvania, nor to suffer any
incroachments by ye Chancery or Common-Law Courts of ye
said Province, upon the Admiralty, but on the contrary, to
countenance, support and protect the said Vice-Admiralty
Court, and the several officers thereto belonging, in their just
and legal rights, upon pain of H.M. highest displeasure. Propose
to give Major Gordon directions as in following, according to
the usual practice of the Board. [C.O. 5, 1294. pp. 12-15.]
256 COLONIAL PAPERS.
1730.
Sept. 7-9. 417. Articles of Friendship and Commerce propos'd by the
Lords Commissioners for Trade and Plantations to the Deputys
of the Cherrokee Nation in South Carolina by H.M. Order,
7th Sept., and agreed to the 9th.
Whereas you Scayagusta Oukah, Chief of the town of
Tassetsa you Scalilosken Ketagusta you Jethtowe you
Clogoittah you Colannah you Oucounaco have been
deputed by Motoy of Tellike, with the consent and approbation
of the whole nation of ye Cherrokee Indians at a General
Meeting at Nikossen the 3d of April 1730, to attend Sr.
Alexander Cuming Baronet to Great Britain where you have
seen the great King George, at whose feet ye said Alexander
Cumming by express authority for that purpose, from ye said
Moytoy, and all the Cherrokee people, has laid the Crown of
your nation, with ye scalps of yor. enemies and feathers of
glory at H.M. feet, in token of obedience. Now ye King of
Great Britain, bearing love in his heart, to ye powerfull and
great nation of ye Cherrokee Indians, his good children and
subjects, H.M. has impowered us to treat with you here, and
accordingly we now speak to you, as if the whole nation of the
Cherrokees, their old men, young men, wives and children,
were all present, and you are to understand the words we
speak, as the words of the great King our Master, whom you
have seen ; and we shall understand the words which you
speak to us, as the words of all yor. people, with open and true
hearts to ye Great King. And thereupon we give four peices
of striped duffles. Hear then the words of the Great King
whom you have seen, and who has commanded us to tell you,
that the English everywhere on all sides of the Great Mountains
and Lakes, are his people and his children whom he loves. That
their friends are his friends, and their enemies are his enemies.
That he takes it kindly, that ye Great Nation of Cherrokees have
sent you hither a great way, to brighten ye chain of friendship
between Him and them, and between yor. people and His people,
that ye chain of friendship between Him and ye Cherrokee
Indians, is like the sun, which both shines here, and also upon
the Great Mountains, where they live, and equally warms ye
hearts of the Indians and of the English. That as there are no
spots, or blackness in the sun, so there is not any rust or foulness
in this chain, and as ye great King has fastened one end of it,
to his own breast, He desires you will carry the other end of
the chain, and fasten it well to ye breast of Moytoy of Tellike,
and to ye breast of your old wise men, your Captains, and all
your people, nevermore to be broken, or made loose, and
hereupon we give two peices of blew cloth. The Great King,
and the Cherrokee Indians, being thus fast'ned together by
ye Chain of Friendship, He has ordered his people and children
ye English in Carolina to trade with ye Indians, and to furnish
them with all manner of goods that they want, and to make
AMERICA AND WEST INDIES. 257
1730.
hast to build houses, and to plant corn, from Charles Town,
towards ye town of the Cherrokees behind ye Great Mountains.
For he desires that ye Indian and English may live together,
as ye children of one family, where ye Great King is a kind
and loving Father. And as ye King has given his land on both
sides of ye Great Mountains to His own children ye English,
so he now gives to ye Cherrokee Indians, ye priviledge of living
where they please. And hereupon we give one peice of red
cloth. That the great Nation of the Cherrokees, being now
the children of the Great King of Great Britain, and He their
Father, the Cherrokees must treat the English as brethren of
ye same family, and must be always ready at ye Governor's
command to fight agt. any Nation, whether they be white men,
or Indians, who shall dare to molest them, or hurt ye English.
And hereupon we give twenty guns. The Nation of ye
Cherrokees shall on their part take care to keep ye trading
path clear, and that there be no blood in the path where the
English white men tread, even tho' they should be accompany'd
by another people, with whom the Cherrokees are at war,
whereupon we give four hundred pounds of gunpowder. That
the Cherrokees shall not suffer their people to trade with the
white men of any other Nation but ye English, nor permit
white men of any other Nation to build any forts, cabins, or
plant corn amongst 'em, or near to any of ye Indian towns, or
upon the lands which belong to the Great King, and if any such
attempt shall be made, you must acquaint the English Governor
therewith, and do whatever he directs, in order to maintain and
defend the Great King's right, to the country of Carolina.
Whereupon we give five hundred pounds weight of swan shot
five hundred pounds weight of bullets. That if any negroe
slaves shall run away into ye woods from their English
masters, the Cherrokee Indians shall endeavour to apprehend
them, and either bring them back to ye Plantation from
whence they run away, or to ye Governor. And for every
negroe so apprehended and brought back, the Indian who brings
him, shall receive a gun and a matchcoat. Whereupon we give
a box of vermillion, 10,000 gun flints, and six doz. of hatchetts.
That if by any accidental misfortune, it should happen that
an Englishman should kill an Indian, the King or Great Man
of the Cherrokees, shall first complain to the English Governor.
And ye man who did it shall be punished by ye English laws,
as if he had killed an Englishman. And in like manner if any
Indian shall kill an Englishman, the Indian who did it, shall
be deliver'd up to the Govr. and punished by the same English
law, as if it was an Englishman. Whereupon we give twelve
dozen of spring knives, four dozen of brass kettles, and ten
dozen of belts. You are to understand, all that we have now
said, to be ye words of ye Great King, whom you have seen.
And as a token that his heart is open and true to his children
C.P. XXXVJJ-J7
258
COLONIAL PAPERS.
1730.
Sept. 7.
Sept. 8.
and subjects ye Cherrokees, and to all their people, He gives
Hand and this Belt, which He desires may be kept and shewn
to all your people, and to their children and children's children,
to confirm what is now spoken. And to bind this agreement
of Peace and Friendship, between ye English and ye Cherrokees,
as long as ye Mountains and Rivers shall last, or ye sun shine.
Whereupon we give this Belt of Wampum. [C.O. 5, 400.
pp. 388-394.]
41 8. Memorial of loss and damage (50Z.) sustained by master
and crew of the Frances and Katherine of Bristol, plundered of
stores and wearing apparel by a Spanish sloop on 7th June,
1730, in her voyage from Jamaica to Bristol. Deposition,
signed, Ellis Bennett (master), Saml. French (boatswain).
Endorsed, Reed, (from Mr. H. Fane and Mr. Crookshank) 17th
Sept., 1730. Copy. 3 pp. [C.O. 388, 92. No. 11.]
419. Mr. Popple to Depty. Governor Gordon. Encloses
Mr. Browne's case, and memorial of Lords Commrs. of
the Admiralty and Sir Henry Penrice's report for his answer
thereto. Continues : My Lords Commissioners are surpriz'd
that they have not receiv'd any account either from you, or
any person in your behalf, of what has happen'd in your
Government since your arrival in that Province, nor can they
learn that you have given any such account to H.M. or His
principall Secretary of State, both which you undoubtedly
ought to have done. It will behove you therefore to send a
full and explicite answer to these complaints assoon as may be,
and in the meantime not to discountenance etc. as in preceding.
Continues : And that their Lordships may be fully inform'd,
they expect you should return to them such depositions and
proofs in your own behalf, as you shall think convenient, giving
at the same time full liberty to Mr. Browne, or any other persons
concern'd, to make affidavits before any Judge, or other
Magistrate of what they know concerning the subject matter
of the said complaint, that such Judge or Magistrate be likewise
enjoyn'd to summon such persons as the complainant shall
name : that you and they do interchange the said proofs and
depositions so soon as the same shall be made ; and that 20
days be allow'd, as well for yourself as the complainants, to make
your or their reply by affidavits or otherwise, to be in like
manner interchangeably communicated to each other, and
afterwards transmitted hither without loss of time, that their
Lordships may be enabled to make a report to H.M. on the
true state of this affair. [C.O. 5, 1294. pp. 15-18.]
Sept. 8.
Whitehall.
420. Mr. Popple to Richard Arnold, Deputy Secretary of
War. The Indian Chiefs being again to attend My Lords
AMERICA AND WEST INDIES. 259
1730.
Commissioners etc., I am to desire you will please to issue
another order, for two Serjeants and twelve Granadiers to attend
this Office to-morrow morning, and to receive their directions
from hence etc. [C.O. 5, 400. p. 387.]
Sept, 8. 421. Council of Trade and Plantations to the Duke
Whitehall. o f Newcastle. Enclose following. Autograph signatures.
Endorsed, Copy sent to E. Waldegrave, 30th Nov., 1730. 1 p.
Enclosed,
421. i. Same to the King. Whitehall. Sept. 7th, 1730.
Having lay'd before your Majesty such proofs as
occur 'd to us for the maintenance of your right to the
islands of Santa Lucia and St. Vincent, we now humbly
beg leave to represent to your Majesty the state of
your title to that of Dominico. It appears by
Hackluyt's Voyages, an author of good credit, printed
at London in the year 1589 (v. App. i) that this island
was disco ver'd by the subjects of Great Britain on
the 9th of March, 156|. This island likewise is one
of those that were expressly named in the grant of the
Charibbee Islands made to the Earl of Carlisle in the
year 1627 (App. ii), and that grant recites that this
island had been discovered and inhabited by the
English before the date of the said grant. This grant
is also confirmed by the Commission of the Lord
Carlisle to Sr. Thomas Warner (App. iii) as hath been
more at large observ'd in the proofs relating to Santa
Lucia and St. Vincent, and Dominico hath constantly
been deem'd to be a dependence on the Government
of Barbados. On the 1st of April, 1664, Capt. Thomas
Warner, a natural son of Sr. Thomas Warner by a
Charibbean woman,' was made Deputy Governor of
Dominico by the Lord Francis Willoughby then
Governor of Barbados, this Thomas Warner is the
same person mentioned by Pere du Tertre to have
been at the head of the savages who sold the island
of Sta. Lucia to Col. Carew in the year 1664, and the
said Charribeans during his time, did acknowledge
the sovereignty of the Crown of Great Britain. The
Lord Willoughby's Commission (App. iv) to this
Capt. Warner, is printed at large in the 3rd volume
of Pere du Tertre's Histoire General des Antilles
page 85 etc. In 1666 the Lord William Willoughby
succeeding etc. as Governor of the Charibbee Islands,
was particularly instructed by King Charles II (App.
v) to allow no stranger, subject to any other Prince
or State, to inhabit or possess any place contained in
his Commission, but such as should acknowledge
H.M, sovereignty there ; and was likewise ordered to
260 COLONIAL PAPERS.
1730.
streighten, distress and dispossess any of the French
King's subjects who should have taken possession of
any island named in his Commission ; His then Majesty
being resolved to assert his right to those islands, and
to vindicate his subjects from the insolence and injurys
of their neighbours. Pursuant to this Instruction,
upon complaint of some insults on the English com-
mitted by the Indian inhabitants of Dominico, the
Lord Willoughby made an expedition to that island,
with design to punish the said Indians for their
disobedience. But they soon returned to their duty,
and then the Chiefs did by general consent in March,
1668 (App. vi), surrender and convey the said Island
to the King of England, putting themselves as subjects
under his Majesty's protection and government. This
agreement was made by an instrument in writing,
sealed and delivered in the most solemn and authentick
manner, that those people were capable of : the truth
whereof was attested by Edward Littleton Esq.
(App. vii), then Secretary to the Lord Willoughby,
who had the said instrument in his custody. The
first dispute that we find in our books, about the
right to this island was in May, 1672 (App. viii),
when Col. Codrington, then Deputy Governour of the
Charibbee Islands, under the Lord William Willoughby,
having sent some people from Barbados to make
settlements in Dominico Mons. de Bas (Governor of
Martinico) dispossessed them and burnt their houses,
pretending that by some articles or conditions of
peace heretofore made between the two Nations,
Dominico was to remain a neuter island, free to the
Indians, and* to be possessed by neither nation (App.
ix). To which suggestion answer was made by the
then Council of Trade and Plantations (App. x) in
their letter to my Lord Willoughby of the llth of
Dec., 1672 (quoted, v. C.S.P. under date), that no such
articles of peace were known or ratified, or mentioned
in the Treaty of Breda etc. To which we shall beg
leave to add, that as Capt. Thomas Warner was
actually in possession of this island, and Governor
thereof for the King of Great Britain on the 1st day
of January, 1665, when the Dutch war first broke
out, your Majesty is indisputably intituled to Dominico
by virtue of the Treaty of Breda, as may more fully
appear by our reasonings upon that Treaty in our
report on Sta. Lucia. The Charribbee Islands in the
year 1672, were divided into two separate Governments
(App. xi). But DominicoJ St. Vincents, and Sta.
Lucia lying to the windward of Guardeloupe remained
AMERICA AND WEST INDIES. 261
1730.
dependant on Barbados, and were particularly inserted
by name in the Commission and Instructions for that
Government, and have continued to be inserted in
them ever since. Wherefore upon the death of Lord
William Willoughby which was in April, 1673, (App.
xii), the government of these islands devolving on
the President and Council of Barbados, they sent
new powers to Capt. Thomas Warner, of the same
tenour with those formerly given him by the Lord
Willoughby, whereby he continued Governour of
Dominico for the King of Great Britain, till the 27th
of Dec., 1674, when he was killed by Colo. Philip
Warner and some other people from Antigua, who
were prosecuted on that account in 1676, as appears
by a copy of the indictment hereunto annexed. (App.
xiii). And altho' the English have not made any
regular settlements in this island for the reasons
mentioned in our report on Sta. Lucia and St. Vincents,
yet they have always kept up their claim of right
there, and with very good reason esteem'd the same
to belong to the Crown of Great Britain, and therefore
Colo. Stede (Lt. Governour of Barbados, and the rest
of the Windward Islands) after having published on
the island of Barbados the Treaty of Peace and
Neutrality in America, etc. (App. xiv) sent Capt.
Beach in one of H.M. frigats to publish the said Treaty
on the island of Dominico (as part of his Government),
which was done accordingly in March, 168, and the
arms of England were then solemnly affixed in the
most eminent places of the said" island as ensigns of
H.M. sovereignty there. And in May, 1687, (App. xv)
some French having crept into this island, Colo. Stede,
by H.M. frigate, once more disturbed their settlements,
burning their hutts, their fishing tackle and canoes,
and causing a French ship to be seized with the men
belonging to it, for having cut wood there, without
leave from the English. To prevent all future disputes
with the French, upon this and the like occasions,
Commissioners were appointed in 1688, to treat with
Monsr. Barillon, then French Ambassador here, for
determining the right of the respective Colonies and
islands belonging to each Nation, as hath already been
observed in our report on Sta. Lucia, and instructions
were dispatched to Colo. Stede (App. xvi), to send an
exact account of the boundaries and limits of his
Government of Barbados, and of the islands and
territories depending thereon ; in pursuance whereof,
he gave a commission (App. xvii) to several of the
Council of Barbados to make enquiry into H.M. title
262 COLONIAL PAPERS.
1730.
to Sta. Lucia, St. Vincent, and Dominico, who from
the depositions of the most aged and best knowing
persons then living in those parts, formed a report
(dated the 23rd of Sept., 1688), whereby (App. xviii),
it appears (to use his own words) " that His Majesty
had an undoubted and sole right to those three islands,
and that the French have not truly any shadow or
colour of pretence thereto." Since therefore the
French have not acquired any new title to this Island
from that time, either by conquest, during the course
of the late war, or by any condition express'd in the
last Treaty of Peace ; we are clearly of opinion that
your Majesty has an intire right of sovereignty over
the island of Dominico, by early discovery, by the
cession of the ancient Proprietors, kept up by frequent
claim and confirm'd by the Treaty of Breda. Autograph
Signatures. 9 pp. Enclosed,
421. ii. Appendix. (1) Extract of Journal of Capt. Hawkins,
1564. Hakluit's Voyages 1, 529.
421. iii. Reference to report on Sta. Lucia, supra.
421. iv. Copy of Commission from Francis Lord Willoughby
to Capt. Warner. Quoted from du Tertre iii, 85.
421. v. Reference to Sta. Lucia report.
421. vi. Reference to report on St. Vincents, supra.
421. vii. Memorial from the Agents of Barbados to the
Council of Trade and Plantations, April 10, 1700.
421. viii. Extract of letter from the Council of Trade to
Governor Lord Willoughby ( ? 1672).
421. ix. Extract of letter from Col. Codrington to Lord
Arlington, 27th July, 1672.
421. ix. a. Reference to Sta. Lucia report, Appendix 34.
421. x. Reference to No. viii supra.
421. xi. Reference to St. Vincents report, Appendix x.
421. xii. Extract of a letter from the Council of Barbados
to the Council of Trade, 28th May, 1673.
421. xiii. Copy of a presentment of the Grand Jury of
Barbados, 8th Sept., 1676.
421. xiv, xv. References to St. Vincents report, Appendix
xv and xvii.
421. xvi. Copy of H.M. letter to Governor Stede, 1st April,
1688.
421. xvii. Reference to Sta. Lucia report, Appendix xi and
copy of affidavit by Col. Codrington, 30th June,
1688.
421. xviii. Extract of letter from Governor Stede, 30th May,
1689. 16 pp. Endorsed, Copy sent to E.
Waldegrave, 30th Nov., 1730. [C.O. 71, 2. Nos. I,
1 i, ii ; and (without enclosures) 29, 15. pp. 197-208.]
AMERICA AND WEST INDIES. 263
1730.
Sept. 8. 422. Governor Osborn to Mr. Popple. Begins as first part
Piacentf ' ^ ^ tter io ^' ^ Newcastle, 25th Sept. infra ; and concludes :
Upon my first arrival I thought the neglect of administration
of affairs had proceeded from several of the principal men (who
were made Justices) wintering (against their first intentions)
in Europe ; therefore that, that, shou'd be no impediment for
the future I thought it was proper with the opinion of my Lord
Vere Beauclerke to enlarge the Justices authority by giveing
them power to act as well without, as within their limmits, a
coppe of which I have done myself the honor to inclose in hopes
of it's meeting with their Lordps' approbation ; but upon being
more conversant with the situation of affairs I soon perceived
all the obstructions proceeded from those means I have already
mentioned. Now Sir as what I have said only relaites to the
Civill government ; I beg leave to trespass a little further upon
their Lordps. to show how far the conduct of these people
occasion the other disorders that are committed in this island,
and perticularly at Placentia. At the latter end of the fishing
season they generally find some reason to differ with their
servants that they may have a pretence not to pay them their
waiges, by which these poor reches for want of money to pay
their passage home are obliged to stay in the country the winter
without any prospect of getting a subsistance ; but what is
yet more notorious, they sett up a number of boat-keepers who
have no stock to begin upon but what they supply them with
in the spring of the year, and in the Falle, these masters of ships
come upon these boatmens rooms, and seize all their fish by
force for these necessaries, before any of their servants have
received any part of their waiges, or without considering which
way they are to come by them, by which means hundreds of
these poor creatures are beging up and down, and come crying
to the Commanders of the men of war as soon as they arrive
for redress, but as I am very sencible of my own inabillity in
giveing your Lordps. a just idea of these people's sufferings I
have taken the liberty to inclose a few coppes of those petitions
wch. we always receive at the latter end of the year ; by which
their Lordps. will be better judges of that fact which I main't
so clearly explain, and if the Captains of the men of war do make
any decisions in these cases, which (with submission) they seldom
can (the offenders at that time being very much dispersed) if
these decisions are not agreable to their masters, the moment
we are gone, or they got out of our reach, they only scoff at our
orders and treat them with the utmost contempt etc. I am
under great concern, but shou'd have been more, to have been
so unsuccessfull in all my endeavours, were not I sencible of
their Lordps. through knowledge of the constitution of this
island, and nature of the people who use it etc. Signed, Hen.
Osborn. Endorsed, Reed. 7th Nov., 1730, Read 12th Jan.,
173J. Holograph. 7\ pp. Enclosed,
264 COLONIAL PAPERS.
1730.
422. i. Original of 25th Sept. encl. v.
422. ii. Complaint of the Justices of the Peace at Placentia
against the Fishing Admirals. 16th May, 1730.
Yesterday there was a Court held by the three
Admiralls of this Harbour at the house of Mr. Francis
Sayers upon a complaint of Mr. Edward Mills in moneys
due to him by the Gandys and Roache of Paradize
upon which their (?) boat and craft was seized. Like-
wise they had one Jeffery Poor before them upon
some differences in trade between him and Mills, and
upon some misbehaviour of Poor, he was sent to the
fort a prisoner etc. Thinking this way of acting
contrary to the power granted us by our Commissions,
we told Admiral Wm. Brooks etc. that their proceeding
at that Court was an infringement of our authority
etc. ; his answer was that the administration of all
Justice did belong to them etc. He said he had no
business with our commissions, but had the act of
Parliament for his. Capt. Wm. Chappell said the
Admirall had more power in this harbour then Governor
Osborn etc. ; that it was in their power to whip, put
in the stocks and imprison at their pleasure, and to
appoint any person to be Constable ; that Governor
Osborn's commission was only from the Privy Council,
by which they seemed to doubt the authority given
us. Therefore perceiving they would take all adminis-
tration of Justice from us, we have thought fit to
desist of takeing connizance of anything till Governor
Osborn arrived, which without doubt will inform us and
them which is our prerogative etc. Signed, Peter Signac,
Tho. Salmon, Tho. Buchanan. Endorsed, Reed. 7th
Nov., 1730. Copy. If pp.
422. iii. Order by Governor Osborn, 12th Aug., 1730.
H.M.S. Squirrel, St. John's Harbour. Whereas the
several Commissions of the Peace etc. hath not been
executed in every respect agreeable to the full force
and intention thereof, by reason many of the Justices
absenting themselves on their private affairs into
many parts of Europe, and the number remaining
not being sufficient in many cases which the Law
requires etc., by which there has been in a great
measure for some time a suspention to the adminis-
tration of Justice etc., repeals so much of the clause
in said commissions as limits the Justices' authority
to a certain district, impowering them by virtue of
their former commissions to be Justices of the Peace
over the whole island etc. Signed, Henry Osborn.
Endorsed as preceding. Copy. 1 p.
AMERICA AND WEST INDIES. 265
1730.
422. iv. (a) Petition of Peter Signac, merchant in Placentia,
to Governor Osborn. In my absence in 1727, William
Babbage, master of the ship Friendship of Barnstable,
took possession of my fishing room upon the Grand
Beach of Placentia. He and his owners refuse to pay
for it. Prays for an order to compel them etc. Signed,
Peter Signac.
(b) Petition of Richard Mackrell to Same. Is owed 68/.
by John Sheave, boatkeeper. Other smaller creditors
have been paid, but " I the only sufferer not a fish
nor a drop of oyle."
(c) Petition of Patrick Hoogan to Same. Servant of John
Shave (= Sheave), prays grant of a boat of his in lieu
of 9/. wages owing to him.
(d) Petition for John Bryant to Same. Mr. Thomas
Power, of Little Placentia, owes petitioner 31. 5s.
sterl. besides his passage ; but has turned him adrift.
(e) Petition of John Redhead to Same. Prays order for
payment of 151. sterl. for service last year to Robert
Mercer at Marrison at the Western shore.
(/) Petition of Daniel Mahonney to Same. Petitioner
made a firm contract with Capt. Bartho. Shapton
for 9/. portlage and share sterl. etc., which he refuseth
to pay, and not long since being taken of a feavour
and flux was obliged to return fifteen days before the
time (vizt.), the ship's crew and in the carpenter's
presence have been used barborasly, because could
not perform as the rest did etc. Prays for justice.
(g) Petition of Paul Neale to Same. A very poor man
with a wife and 9 out of 20 children left he shipped
along with David Reed planter in Paradise for 12/.
wages, had a tolerable good fishing, and in August
Mr. Solmon of Placentia came and took away all the
fish. He now has nothing etc.
(h) Petition of Andrew Roper to Same. Petitioner
served Maurice Power of Little Placentia this summer
fishing season. Prays that he may be paid in trayn-
oil as per agreement.
(i) Petition of Thomas Buchanan of Placentia. Peti-
tioner has right to a plantation, the which has been
possessed by Capt. Saml. Borrows and Capt. Geo.
Crocker without any agreement. Prays for order for
rent etc.
(j) Petition of John Walls to Same. Petitioner served
Thos. Connor of Little Placentia for last summer's
fishing season for 15/. But petitioner being forced
to quit Conner's room for 6 days by reason that his
boatmaster did beat and batter and say that he would
266 COLONIAL PAPERS.
1730
cripple or kill him. Connor now denies paying his
wages etc.
(k) Petition of Thomas Power to Same. Petitioner
was shipped along with John Perry planter in
Paradise for 8/. sterl., who gave him a small parcel
of green fish in part of his wages. One Mr. Broade
would not permit him to work at it, pretending to take
it all for some of Perry's old debts etc. Petitioner is
left destitute etc.
(I) Petition of Thomas Buchanan to Same. Capt. Wm.
Chappell has possessed his house and plantation during
the summer without any agreement. They are now
let out to Capt. Nicholas by Edward Mills, by what
authority he knows not. Prays for warrant to stop
goods in the house till paid rent etc.
(m) Petition of Richard Whelen to Same. Prays for
order for 24Z. against Thos. Connor, planter, for two
years service.
(ri) Petition of Barth. Roberts to Same. Petitioner was
mightily abused on the passage from Ireland by John
Power who broke his rib, which hindered him from
earning his bread. Must starve unless H.E. will
take compassion on him etc.
(o) Petition of Nicholas Stokes, planter, to Same.
Prays to be confirmed in room for 4 boats he has
prepared at Point Verte etc.
(p) Petition of Thos. Buchanan of Placentia, merchant,
to Same. Capt. John Cummings has possessed a
room belonging to petitioner without making any
agreement ; the Admirals have refused to do
petitioner justice etc. Prays for order for rent.
(q) Petition of John Perry to Same. Petitioner having
been brought somewhat low in the world by bad
voyages etc., had agreed with Saml. Adams for his
winter's diet for 51. 10$. Adams warned him away
out of his house 10th April, and would not allow him
any more meat if he did not sign to a note of 13/. etc.
"So we parted for a week etc., but could not help
myself and was oblidged to comply or starve etc. Adam
takes away what he pleases out of my house and room."
Prays for relief.
(r) Petition of John Sullyvan to Same. Was shipped
along with Capt. Wm. Fullford during the fishing
season for 6/. from 2nd June and passage home. Was
taken sick on 22nd July. Is left destitute in this
wilderness in a deplorable condition, his master having
come to him when he was not in his right senses and
compelled him to sign a discharge of his wages etc.
AMERICA AND WEST INDIES. 267
1730.
(s) Petition of John Perry to Same. Petitioner sold a parcel
of green fish to Mr. Broade. He made use of it in
saveing of it 15 days and then the fish being spoyled,
would have petitioner take it back etc.
(t) Petition of John Power, fisherman, to Same. Petitioner
was shipt for this year's fishery with Thos. Conner and
Edward Power, Little Placentia, at 14>l. wages and
passage out, but about the middle of July hurt his
finger by a fishing hook, and by their bad useage and
cruelly forcing him to sea before he could get cured,
he has been obliged to have one joint cut off. Upon
account of which they stop his wages etc. Prays for
justice.
(u) Petition of Joseph Stephenson to Same. Petitioner
served Edward Mills last summer for 41. sterl. and
passage out. Mills now refuses payment etc.
(v) Petition of Thomas Buchanan of Placentia, merchant,
to Same. Petitioner has in lease a house belonging
to Col. John Moody and is now possessed by Robert
Mercer, who will not remove nor take a lease of the
same. Prays for order for rent etc.
(w) Petition of Walter Mallonney to Same. Thos. Power
of Little Placentia boatkeeper has shiped me in Water-
ford for 51. sterl. and my passage, but turned me away
after 8 days here etc. Prays for a summons, " for he
is great and headstrong " etc.
(x) Petition of Peter Signac merchant and planter, Placentia,
to Same. Having since 1721 enjoyed a room where
now stands my stage at La Perche near Cape St.
Maries, confirmed to me as just possession by two
Commanders. Samuel Borrows master of the
Expectation of Bideford, after treating with me for
hire of the same and thinking my demands not agree-
able, has taken it without my leave etc.
(y) Petition of James Slattery to Same. Petitioner is
mightily wronged of his wages by John Brand etc.
(z) Petition of Richard Ballden to Same. An inhabitant
for 16 years, he was put in possession of a small planta-
tion by Governor Moody. A Frenchman called
Fransoir Pickett is resolved to take it away from
me as soon as your Honour is gone. Prays for help.
a (i) Petition of Ant. Harper, Robert Dusset, John Cooper,
Richard Cooper to Same. Petitioners served John
Shave at Odearing to the Westward shore for last
summer's fishing. Shave began to pay fish to
petitioners for wages, but then caused Tho. Salmon
to come upon his room to collect some debts. Salmon
forced the fish petitioners received from them and
confined them prisoners without cause, as Andrew
268 COLONIAL PAPERS.
1730.
Downman, the chief planter in this place can witness.
Pray for justice etc.
b (i) Petition of Richard Power to Same. Petitioner hath
been abused by Lawrence Noggan, who refuses to pay
21. for wages last winter twelve months.
c (i) Petition of Edward Buck to Same. Petitioner was
shipped along with one Capt. Geo. Hogg and did his
duty as becometh till 18th Aug., at which day his mate
and two others struck and barbarously beat him,
without cause, so that he was not able to stand etc.
He was shipped at share and portlage either to go to
markett or tarry here, but now dare not serve in the
vessel any more. Prays to be secured Christian usage
" inasmuch as we bare the brunt and slavery of all
their great voyages " etc.
d (i) Petition of Patrick Gott to Same. Petitioner was
shipped along with Thomas Conner for winter and
summer for III. wages, and the winter being so very
rare in the harbour has obliged him to give him 305.
sterl. to take him in among his crew for the winter,
and there served as becometh until March, and then
was disabled and came to a doctor's house, where his
master ordered that he should have no credit on his
account, and would only grant him his clearance on
signing a paper to pay him 4>l. besides his 305. ; though
he has nothing and no way to live in this poor wilderness
etc.
e (i) Petition of Johnathan Hodgan now soldier at Placentia,
to Same. Robert Mercer owes petitioner for service
16/. Is. Qd. which he refuses to pay etc.
/(i) Petition of Nich. Cole to Same. Petitioner served John
Haddock of Little Placentia as boats master for this
summers fishing season. Haddock refuses payment,
but has had petitioner's chest and cloathes seized etc.
Prays for justice etc.
g (i) Petition of Patrick Hoegan to Same. Petitioner was
shipped along with John Shave planter in Odearing
for 9/. sterl. and one pair of shoes. When the season
was expired, Thos. Salmon came upon their room and
took away their fish. " I beg'd for God's sake he would
see justice done me, he being the only magistrate in
the place " etc. Prays for justice, being " in a
famishing condition, not haveing any earthly thing
to subsist for myself or my great charge of children "
etc. Prays for an order to seize the goods of John
Shave, etc. Endorsed, Reed. 8th Sept., 1730. Copies.
16 pp.
422. v. Duplicate of 25th Sept. encl. iii. [C.O. 194, 9.
ff. 15-18t;., 20-22, 23i;., 24U.-33, 34z;.-35z;.,
AMERICA AND WEST INDIES.
269
1730.
Sept. 8.
Whitehall.
423. Council of Trade and Plantations to the Lords of
the Committee of the Privy Council. In reply to reference of
Oct. 14, 1729, as to purchase of the Bahamas, represent that,
after having several times discoursed upon this subject with
Mr. Shelton, Secretary to the six Lords Proprietors, we thought
fit to commence a negociation by his canal, with the said Lords
Proprietors, which after some time produced a letter from five
of them (copy annexed), wherein they express their inclination
to give up and surrender to H.M. all right and title to their
respective shares of the Bahama Islands, in consideration of
the sum of one thousand guineas to be paid to each of them,
clear of all fees and expences, reserving their right to all such
arrears of rent as should be due at the time of their surrendry
either from their Lessees or assigns. Soon after the receipt
of this letter, we employed the abovementioned Mr. Shelton on
a message to Lord Carteret, to know if he would join with the
other Lords Proprietors in the general sale of the Bahamas to
H.M., who made answer, as his Lordship had before done with
respect to Carolina, that he would not concurr in the proposed
sale etc. Without doubt the Lord Carteret's concurrence is a
desirable point : but notwithstanding his refusal, having very
maturely considered the importance of the Bahama Islands to
the English Navigation in America, by their being so extreamly
well situated for the reception of such British fregates as may
at any time be sent into those parts for the protection of our
trade, and of privateers for the annoyance of an enemy in time
of war, we are humbly of opinion that the purchase of the said
islands would redound very much to the honour of H.M. Govern-
ment, and the interest of his Kingdoms, as we have more fully
set forth in former representations etc. We are also of opinion
that the sum of 1000 guineas which is required to be paid as
purchase money to each of the Lords Proprietors, is not an
unreasonable demand. But here we find ourselves obliged to
observe to your Lordships, that there is a lease now subsisting
from the present Proprietors, which has eight years to run,
impowering the Leesses or their assigns, to make grants of lands
in the Bahama Islands in perpetuity, with the reservation
however of a certain quit-rent to the Lords Proprietors,
wch. was originally set at three pence per annum for each acre
by them granted, but that being found by experience to be too
high a rate, it has been since reduced to one penny per acre ;
which is the annual quit-rents that lands now pay in the Bahamas.
So that when we give it as our opinion, that it will be proper to
advise H.M. to the purchase of these islands under the condition
of paying 1000 guineas to each of the consenting Proprietors,
and that with the disadvantage of the Lord Carteret's non-
currence ; we would be understood to advise the purchase upon
this proviso, that the said Lords Proprietors do relinquish to
H.M. all manner of rights to rents or arrears of rents, and to all
270
COLONIAL PAPERS.
1730.
Sept, 8.
Whitehall.
Sept. 9.
Sept. 9.
Hartford.
demands of what denomination whatsoever, which they shou'd
or might have had a claim to, at the times of their surrendering
the said islands. All which demands and pretensions, together
with the property, royalty and dominion of the soil, shou'd
from that time be absolutely vested in the Crown. If H.M. is
pleas'd to make the purchase upon these terms, and the Lords
Proprietors will also concur in the foregoing stipulations, we
are of opinion that a demand may be made in Parliament the
next sessions for this purpose, and a bill brought in for making
the said purchase effectual, agreeable to what has been already
done in the case of Carolina. [C.O. 24, 1. pp. 190-194.]
424. Council of Trade and Plantations to the Lords
Commrs. of the Treasury. As the house which H.M. has
been pleas'd to allot us for our Offices is a very crazy building
and stands frequently in need of small repairs, we have found
ourselves under a necessity of being troublesome to your Lordps.
upon that subject ; But to avoid such applications for the
future, we desire your Lordps. will be pleas'd to give a genl.
order to the Officers of H.M. Board of Works, signifying H.M.
pleasure to them, that they are to look upon this Office for the
future to be immediately under their care and inspection, and
that they may from time to time make such repairs as shall
by them be thought necessary for H.M. service to be made here.
[C.O. 389, 37. pp. 315, 316.]
425. R. Shelton to Mr. Popple. In reply to enquiry,
encloses account of the lease of the Bahama Islands. Continues :
It was made to Woodes Rogers, who transferred his term to
Will. Chetwynd, Adam Cardonnel, Tho. Pitts Esqrs. etc., but
the right and interest of the term is by mean assignments now
vested in Sr. Charles Wager, Mr. Hide, Mr. Harris etc. The
lease bares date 28th Oct. 1717 and it was to commence from
the 25th Dec. next ensuing that date for the term of 21 years ;
paying 501. yearly during the first seven years, 100J. during the
next seven, and 2001. yearly during the last seven years etc.
In the said lease Woodes Rogers and his assigns have power
given them in the name of the Lords Proprietors to grant any
of the said lands in fee or for any terms of years, reserving such
yearly ground rent as to them shall seem convenient, provided
such rent is not less than one penny sterling for every acre, and
provided no fine is taken for the same. This is the substance of
the lease etc. Signed, Ri. Shelton. Endorsed, Reed., Read 9th
Sept., 1730. Holograph. 2 pp. [C.O. 23, 2.ff. 215, 2150., 21Qv.]
426. Governor Talcot to the Council of Trade and Planta-
tions. Right Honble., I received your Lordships' Queries to
this Colony and layd them before the General Assembly at their
Sessions in May last ; they immediatly appointed a Comtee,
AMERICA AND WEST INDIES. 271
1730.
to assist me in the affair that so our answers to them might be
with the greater certinty. By their endeavours and assistance
I am enabled to give your Lordshipps the answers herewith
enclosed, which I hope will be to your satisfaction, and it is a
pleasure to me to assure your Lordships that with greatest
carefullness our Assembly are ready to inform you in these and
in every other thing that you may judge for H.M. interest. I
am with greatest regards and sincere respects, your Lordships
most obedient and very humble servt., Signed, J. Talcot.
Endorsed, Reed. 10th Nov. 1730, Read 31st March, 1731. 1 p.
Enclosed,
426. i. Governor and Assembly of Connecticut to the Council
of Trade and Plantations. Hartford. Sept. 9, 1730.
Answers to the Board's queries, (i-iii). Describe
situation, boundaries and constitution, (iv) The trade
of the Colony is but small. Horses and lumber are
exported to the West Indies for sugar, salt, molasos
and rum. What provisions we can spare and some
small quantity of tarr and turpentine are sent to
Boston, New York and Rhoad Island for Europian
goods. List of shipping and tonage given. 37 sloops,
3 brigantines, 2 schooners, of 10 to 80 tons (total
1307). Two sloops more lately built in Harford one of
40, and the other of 90 tons just now loading for Bristol,
to be sold with her cargo. Our seafareing men are
only what is necessary to manage the shipping afore-
said. There hath been no sencible addition or deminu-
tion for ten years last past, only that we have built
considerable more in the ten years last past then
heretofore tho' most of said shipping so lately built
have been sold at ye Province of Boston, West Indies
and to H.M. subjects of Great Brittain, Bristol etc.
(v) Our inhabitants take (annually) all sorts of woolen
cloths silks glass nails scythes pewter brass and fier
arms of the Brittish manufacture. But we can't
ascertain ye quantity, (vi) The trade which this
Colony hath with any foreign Plantations is only as
beforementioned and with no parts of Europe excepting
a few voyages to Ireland with lumber and one or two
that have of late built here made their voyage to Bristol
there sold their shipp and cargo and brought their
returns heither. (vii) The methods used to prevent
ilegall trade are the measures taken by the Colector
placed at New London and his Deputy of Fairfield,
where are allso Navall Officers under the strictest
regulations which do at present prove effectuall, but
there being many other conveniant harbours along the
sound many of which were allowed to be free ports,
would render it difficult had we any considerable trade
272 COLONIAL PAPERS.
1730.
and now is a great hardshipp and an obstruction to ye
little trade that we have all being obliged to putt in
at New London to enter and clear, whereby fair winds
and much time is lost, (viii) The produce of ye
countrey is timber boards, all sorts of English graine
Indian corn hemp and flax sheep cattell swine horse-
kind and goats and tobacco. Our manufacturies are
inconsiderable, our people being generally imployed
in tanning and shoe makeing and other handicrafts
others in building joyners work taylors smiths without
which we could not subsist, (ix) There are some
copper mines found amongst us which have not yet
been very profitable to ye undertakers. Iron oar
hath been found in sundry places and improved to
good advantage, (x) The number of inhabitants of
both sexes and all ages are computed to be 38,000.
About 700 Indian and negro slaves. The inhabitants
are much increas'd within this ten years last past, the
reasons are first ye countrey is new and large, 2ly.
ye intestate estates are or have been divided amongst
all ye children which encourages them while in their
father's family to joyn their united strength to clear
and subdue the earth and thereby make room for their
own settlement when they come of age. But the
consumate and principal reason is the blessing of the
Almighty on the fruit of our bodies and the fruit of
our lands, (xi) The number of the Militia according
to lists or muster-rolls of the Train bands, which
consist of all from 16 to 55 years of age is 8,500. (xii)
In time of war we have always had sundry forts on our
frontiers to cover us from the insults of the french
and Indians which yet have never been of any great
service to us, the enimie coming in small parties
surprize our people suddenly and then flee into the
adjacent woods. We have had a fort at New London
long since and severall peices of cannon, but are now
building a new fort where are already mounted four
cannon to secure that port and in a short time intend
divers more shall be mounted, (xiii) The number of
Indians amongst us are about 1600 of both sexes and
all ages. They are inclined to hunting, idleness and
excessive drinking. Some of their youth are now in
a school at Mohegan set up and maintained by the
English for that purpose and they give good evidence
of their dosability (sic), (xiv) The Five Nations live
about 250 miles westward of us, the Canada and
Eastern Indians, 250 miles N.E., are our only neigh-
bouring Indians etc. (xv) The French at Cannada
are about 400 miles N. of us etc. (xvi) The Spaniards
AMERICA AND WEST INDIES. 273
1730.
in S. America have of late years taken some vessels
from this and sundry from the neighbouring Govern-
ments, the French at Canada have been very trouble-
some to this and the neighbouring Governments
always incenseing the Indians against the English
supplying them with arms and ammonition, and
joyning with them and makeing inroads, in time of
warr they are of considerable strength and since they
are settled on the River St. Larrence and on Massasippa
to ye mouth of it boast that in time they will drive us
all into the sea. (xvii) The annuall revenues ariseing on
rates and dutys is about 4000Z. in our paper currancy,
of which about WOOL is yearly laid out in maintaining
free schools for the education of our children the
remainder is for ye support of H.M. Government here,
and to sink a heavy debt we contracted in the warr
and our Expedition against Canada and Annapolis in
the reign of Queen Anne, (xviii) Our civil establish-
ments are (i) a Superiour Court consisting of one Chief
Judge and four Assistant Judges. This Court sits
twice in the year in each County, trys all high crimes
and misdemeanours and civill actions that come to
them by appeals from the Inferiour Courts, (ii) An
Inferiour Court in each county consisting [of] one chief
Judge and three or more Justices of the Quorum.
These Courts have their Quarter Sessions for the tryall
of delinquents and civill actions, (iii) In most of our
towns is one or more Justices of ye Peace for the
conservation of the Peace and tryall of small causes,
(xix) The Militia is divided into five regements as many
. as there are countys, over which the chief Officer is
at present Major, to each of which regements belongs
a troop, the superiour Officers are appointed by the
General Court, the Captins Lieutenants and Ensigns
are chosen by the soldiers, approved by the Generall
Assembly, all commissionated by the Governour in
the name of our Lord the King. Signed, pr. order of
His Honour the Governour and the Assembly, Hez.
Wyllys, Secretry. Endorsed as preceding. 7 pp.
[C.O. 5, 1268. ff. 1, 2-5v., 6v.]
Sept. 9. 427. Order of Committee of Privy Council. Approving
Whitehall, representation of 23rd July, except that they think the Governor
of Carolina should be left at liberty to settle the Swiss Protestants
in such place and manner as he shall judge most conducive to
the interest and security of said Province, etc. The Council of
Trade and Plantations are to lay the draught of Instructions
before the Committee. Set out, A.P.C. III. No. 219. Signed,
C.P. JCXXVIJ is
274
COLONIAL PAPERS.
1730.
Sept. 9.
Placentia.
Sept. 9.
Sept. 10.
Portsmo.
Harbour.
Temple Stanyan. Endorsed, Reed. 15th Sept., Read 15th Oct.,
1730. 1 p. Enclosed,
427. i. Copy of Representation of 23rd July. [C.O. 5, 361.
ff. 170, 171-172, 1780.]
428. Governor Osborn to the Duke of Newcastle. In
obedience to H.M. commands, 22nd Jan., 1730, etc., as soon as
I arrived at St. Johns, I on 30th July assembled all H.M.subjects
of that place together, and published His declaration for a cessation
of hostilities and restitution of prizes to the King of Spain ; and
sent copies of H.M. orders to the principall magistrates in the
other parts of this Island, with orders to publish the same etc.
which I am since assured has been truely executed ; and as
upon the strictest enquirery, find the Spanish crusers during
the late warr never committed any depredations on this part of
America, nor any prizes have been taken from them by H.M.
subjects, I have nothing more to trouble your Grace with on
that head. And as I am not throughly acquainted with the
posture of affairs, relateing to the civill magistracy, defers
account thereof. Signed, Hen. Osborn. Endorsed, R. Oct.
25th. 2 pp. [C.O. 194, 24. No. 17.]
429. Memorial of loss and damage (145Z. 175. 6d. sterl.)
sustained by Joseph Turner, master of the Birch galley of Bristol,
and crew, taken and plundered by a Spanish sloop with com-
missions from the Governors of Florida and Havana, in her
passage from Jamaica to Bristol, 19th May, 1730. Endorsed,
Reed, (from Mr. H. Fane and Mr. (John) Crookshanks) 17th
Sept., 1730. Copies. 4f pp. [C.O. 388, 92. No. 10.]
430. Thomas Marwood to Mr. Popple. Encloses " the
best acct. my son-in-law, Thos. Wells cann inform the Board "
etc., " relateing to the settlement Coll. Dunbar hath made at
Pemaquid," as their Lordships desired. Signed, Tho. Marwood.
Endorsed, Reed, llth Sept., 1730, Read 15th June, 1731. $ pp.
Enclosed,
430. i. Capt. Wells to Mr. Popple. On board the Lyme
Portsmouth Harbour, 10th Sept., 1730. I here
inclosed send you up a scatch of Peniquid, and the
land that was cleared by Coll. Dunbar's orders the
last winter, and spring : about 200 men were
emploayed on that service, and maintained the whole
time at the Colls, expence. Att the same time I cleared
about ten acres having six men with me at my own
expence, which place is within the blew lines, and that
cleared at the Colls, expence is within the red lines,
and in the five months that I was down there, I never
saw or heard of anyone that came to make any demand,
off the lands we were clearing, neither was there any
AMERICA AND WEST INDIES. 275
1730.
house standing on the ground, nor had there been any
rebuilt since it was taken by the French. The foart
in most places was even with the ground, which the
Coll. immediatly went to repair in the beast maner
he could, and built within rooms to hold the men that
were at work, and their familys. He was also a
building a wharfe at a great expence 170 foot in
length 40 foot broad with an ell of 40 foot, they
designing to have 15 foot water at the head of it at
high water. I have also sent you ane exact plan of
the town etc. which I drew for Coll. Dunbar, he
promising if the seatlement went on, each man that
wold build a house in this design'd town, should have
30 foot in breadth, and an 100 foot in depth, and 100
acres of land, paying a gratuity to the King, and in the
most convenient place near the town etc. When I
came in Aprill, there was about 30 frames of houses
brought ready to be erected, and more at worke upon.
When I went downe the Coll. gave me ane order to
take care of the woods, which gave me an occasion of
going up the rivers, and I do assure you that for 15
or 20 miles round there was not an house standing in
the cuntrey, all that they had done was to erect
milns in ye best wooded parts for cutting the timber,
without any designe of seattling the place, nor had
they any thoughts of it till the Collonell came, and I
do realy belive the Coll. has been at more expences
than them alltogether, by what land I saw cleared
when we first came down, and that that wch. had been
cleared, was before the French took it by the informa-
tion of several people, the nearest seattlement that I
see was at Arowsick up Kennebeck River, where was
about 4 or 5 houses which they call George Town.
The foart of St. Georges is to the eastward of New
Harbour etc. Signed, Thos. Wells. Endorsed as
preceding. Holograph. 2 pp. [C.O. 217, 6. ff. 30,
31, 81u., 32i>., S3v.]
[Sept. 10]. 431 . i. Plan of the Town of Pemaquid.
ii. Plan of the Town of Pemaquid with the land cleared.
(? Enclosures in preceding). [C.O. M. P. G. 180, 181.]
Sept. 11. 432. Duke of Newcastle to the Council of Trade and
Windsor Plantations. I send you herewith an extract of the last letter
I have received from H.M. Ambassadors at the Court of France,
etc. Summarized. Concludes : It is H.M. pleasure that you
forthwith prepare a draught of a proper order for this evacuation
[of Sta. Lucia, St. Vincents and Dominico,] on the part of H.M.
that it may be sent to the King's Ambassador at Paris, who
276 COLONIAL PAPERS.
1730.
will procure an order in the same tenour to be sent on the part
of France. Signed, Holies Newcastle. Copy. 1 p. Enclosed,
432. i. Extract of a letter from Earl Waldegrave, Mr. Walpole
and Mr. Poyntz to the Duke of Newcastle. Paris.
Sept. T e T , 1730. We have been constant in reminding
the Garde des S9eaux of the Order to be sent for
evacuating the islands of St. Lucia, St. Vincent and
Dominico, pursuant to the proposal made by this
Court, and accepted by H.M. as mentioned in your
letter of 26th March, of which we have twice put an
extract into his hands. He assures us that there is
no difficulty or delay intended in this affair, and that tho'
the frequent removals of the Court, and the inter-
vention of other business, had hindred them hitherto
from concerting the proper order for this purpose, yet
if such an order be drawn up on the part of England
and transmitted hither, we may depend upon their
sending one of the same tenour. Copy, f p. [C.O.
253,1. Nos. 57, 57 i.]
[Sept. 13]. 433. Sir A. Cuming to the Council of Trade and Plantations.
It is the desire of the Chiefs of the Cherokee Nations here present
that your Memorialist should give an answer to three of the
Articles proposed to them by H.M., which they have purposely
omitted to speak to, as knowing that their Crown, eagles tails
and scalps of their enemies were intrusted to your Memorialist,
and not to them, by their Emperor Moytoy of Telliquo, and
that they themselves their other Kings, Princes and beloved
men of their Nation consented to the same, and that they should
obey all your Memorialist's instructions. They came not to
England in order to enter into any agreement for themselves,
but they came at your Memorialist's desire as friends to him,
and to be themselves an evidence of the truth, vizt., that they
submitted themselves to H.M., and that your Memorialist
required it of them. As your Memorialist was neither sent nor
pretended to be sent by H.M. into their country, altho' he
had H.M. leave of absence to travel where he pleased, and went
among them as a friend ; so the submission being made only
to him, whom they saw and confided in, your Memorialist is
not only answerable to H.M. for their obedience and good
behaviour, but is likewise answerable to God and his own
conscience for a due care of them. They have chose Memorialist
for their Director, and if H.M. approves of it, he shall
direct them for their own good and for H.M. service.
Endorsed, Reed. 13th, Read 19th Sept., 1730. f p. [C.O. 5,
361. ff. 166, 167*;.]
Sept. 14. 434. Lt. Governor Gooch to the Council of Trade and
Plantations. Having by the Biddeford man of war transmitted
AMERICA AND WEST INDIES. *277
1730.
the journals and laws of the last session of Assembly, I depend
so much on the safety of that conveyance, that I judge it
needless to put your Lordships to so much charge as the postage
for the duplicates must occasion, and have therefore inclosed a
printed copy of the laws, which, with your Lordships leave, I
hope will answer the end, and at the same time serve as a
specimen of the product of our Press, where the whole body of
the Laws of the Colony is to be printed for the publick service,
and shall be sent to your Lordships as soon as it is finished.
Since my last there have been discovered many meetings and
consultations of the negroes in several parts of the country in
order to obtain their freedom ; whereupon great numbers of
them have been taken up and examined, but no discovery made
of any formed design of their rising, only some loose discourses
that H.M. had sent orders for setting of them free as soon as
they were Christians, and that these orders were suppressed,
a notion generally entertained amongst them, but I have not
been able to learn who was the first author of it. Whatever
their designs were, or their purposes might have tended to,
they have been fortunately prevented by the speedy appoint-
ment of partys of the Militia sent out to patrole, with orders to
secure all the negroes found off their masters' plantations ; and
as a great many have been made prisoners, and under severe
chastisement by whipping for rambling abroad ; I am in hopes
by keeping the Militia to their duty, to deter them from any
such unlawful meetings, and to convince them that their best
way is to rest contented with their condition. But this alarm
has occasioned a good deal of fatigue to the Militia, and some
loss in their crops, as happening at a time when their labour
and industry were much wanted in their grounds, etc. We
impatiently expect to hear of the favourable reception of our
tobacco law at your Lordships' Board, for I am in hopes it will
give new life to the trade of this country etc. P.S. Letter went
home by the Gooch frigate etc. Signed, William Gooch. En-
dorsed, Reed., Read 14th May, 1731. Holograph. 1 p. [C.O.
5, 1322. ff. 158,
Sept. 5], 435. Mr. Hintze to the Council of Trade and Plantations.
In reply to Aug. llth, explains that he was at great expense in
going twice to Amsterdam to get the Board's Instructions
printed there etc. The 120Z. was only advanced out of the 205.
a day etc. Continues : I have engaged notwithstanding above
450 families which will be ready to goe and settle in Nova Scotia
in the beginning of next March. Prays the Board to consider
his expence and how advantageous it will be to Nova Scotia
to bring soe great a number of Protestants at one time and all
in good circumstances, " for the last I sent away in the New
England sloop I am convinced carryed 3001. ster. besides all
necessaries " etc. Urges that the Board's Instructions may be
278
COLONIAL PAPERS.
1730.
Sept. 15.
Antigua.
Sept. 15.
Windsor
Castle.
Sept. 15.
Boston.
sent to the Governors of New York and Pensilvania to insist
on the 405. a head on those that goe to settle there which will
deter them from attempting it. Signed, Danl. Hintze.
Endorsed, Reed. 22nd Sept., Read 6th Oct., 1730. Addressed.
2 pp. [C.O. 217, 5. ff. 220-221i;.]
436. Lt. Governor Mathew to the Council of Trade and
Plantations. Gives list of public papers of the Leeward Islands
which he has sent to the several Agents, to be laid before the
Board. Signed, Wm. Mathew. Endorsed, Reed. 10th Nov.,
Read 1st Dec., 1730. 2 pp. [C.O. 152, 18. ff. 143, 144.]
437. Duke of Newcastle to the Council of Trade and
Plantations. Encloses following. Continues : It is H.M.
pleasure, that you forthwith prepare the draught of a proper
order of evacuation etc. Signed, Holies Newcastle. Endorsed,
Reed. 15th, Read 24th, Sept. 1730. 1| pp. Enclosed,
437. i. Duplicate of Sept. llth, cncl. i. 1 p. [C.O. 28, 21.
ff. 72, 73, 75.]
438. Col. Dunbar, Surveyor of the Woods, to Mr. Popple.
Is going to the new settlements, where he will remain till he
hears from him. Is at present disabled from attending his
duty in this Government, because Mr. Belcher has treated him
in so extraordinary a manner, with incredible malice, and
without provocation, except in revenge for what he wrote of
him to England when it was first reported that he was appointed
Governor. " It is said yt. my letters gave him some little
trouble in London, and there he joyned with Mr. Waldo to do
me all the ill offices they could. They found out that I had
been somewhat concerned in the Corporation of the Mines
Royal, and had endorsed some bills drawn by Mr. Kingsmill
Eyre " etc. Accuses the Governor of plotting against him by
means of these notes and an account with Mr. Atkinson, a Boston
merchant, who had supplied the new settlements etc. The
Governor has done nothing for the woods, but recommend
their preservation to the General Courts. The setting out the
300,000 acres to be reserved for the Royal Navy before any
grants be made, in Nova Scotia will take some years. Refers
to Governor Philips' letter, received before he sent the two
deputies as land surveyors thither and his reply. He had
intended, in penetrating into the country by degrees, to reserve
land bearing timber near water-carriage for H.M. use, for there
are seldom any large tracts bearing such. But he will now
await further orders on this point, as well as the Board's
opinion on his request for a sloop and travelling charges.
Continues : I am this moment informed that the Shepscot
proprietors are encouraged to go thither, and are goeing in
great numbers and resolve to cutt down the mast swamp wch.
AMERICA AND WEST INDIES. 279
1730.
I saved from them ye last winter ; how can I prevent a number
thus resolved, or if I had force or assistants, how can I get to
the place ? etc. If it should be H.M. pleasure not to confirm
the claims, there will be a kind of warr between these pretended
proprietors and those yt. will go to settle upon ye King's terms,
for they will not quit ye possession they are now goeing to take,
especially if that part of the country is to remain or be within
this Government ; and if H.M. should allow the claims, I am
very sure the country will never be settled by them etc. These
proprietors, now encouraged, say openly that they will part
with their heart's blood before they will give the King one
farthing quit-rent, if this does not prove the sentimts. of the
people of this Province until their wings are clipt, I am much
mistaken, and it is no difficult matter to humble them effectually,
and I am persuaded it will be thought full time to begin with
them, they have now, Sept. 17, againe refused fixing the sallary
80 to 4 in the House of Representatives against it etc. They
say if their Charter should be taken away they must have a
Council and Assembly and they never will consent to tax
themselves to fix a sallary, so that it is plain they are not to be
treated like any other of H.M. subjects. I was allways of
opinion that they never will be made sensible of their duty
until under another form of Governmt., and 2 or 3 regts. among
them, and as they would occasion this expence I think a reason-
able method might be proposed to make this country pay it.
I would first propose that as there is a custome house here and
all the sallarys payd from home, the Parliament might lay a
duty upon all rum and molasses and brown sugar imported into
the Masachusets Governmt. onely, and 10/. p.c. ad valorem
upon all other goods imported, as in Ireland upon all things
from England, even cloaths and wearing apparel, and they
may deserve to be farther distinguished from H.M. better
subjects in haveing some duty even upon salt imported for a
few years, to make them the jest of their neighbours, and
convince them how easily England could cramp them. At
present all the Plantations have one advantage to the people
in England, which is that there is a drawback allowed for all
India and other goods exported, which pay a duty in Engld.
and no duty is payd upon importing them in the Plantations,
it does not seem unreasonable that either there should be no
drawback, or pay a King's duty elsewhere. Some months agoe
I gave my Lords Commissioners an acct. of the manufacturing
iron here, and herewith I send the tools mentiond in my last,
if by Act of Parliament all sea-coal was prohibited being
imported into this country, and none to be water-carried, this
would effectually stop all the slitting mills, nailerys and other
works, wch. are now wrought with coals from Newcastle, and
some brought from near ye French settlements in the bottom
of ye bay of Fundy. As I was writing this Mr. Auchmuty, ye
280 COLONIAL PAPERS.
1730.
King's Advocate General, called to tell me that he was sent
for by the Governour and Council, to give his opinion upon a
most virulent case drawn up against five or six men for goeing
on board a small scooner near Fredericks Fort and carrying
her two leagues along shore, etc. They would fain make it
piracy, but the Advocate laughs at it. I wish it may be sent
to you, that My Lords may see what an inveteracy there is
in these people agt. those at the New Settlement, who are
over and over stigmatized with the name of Irish ; the Advocate
told me with concern that if I go to Fredericksfort the Governour
and Council here will send a force to take it from me and bring
me up a prisoner ; I had this morning an opportunity of
acquainting Collo. Philipps with it at Annapolis, and told him
I apprehended it under his Governmt., and would obey any
orders he would send thither. I have upon this occasion put
into the Advocates hands H.M. Instructions to me, your last
letter of 7th May, and the Representation from my Lords
Commrs. of 14th May, 1729, in order to have his opinion
how far I can resist such an attempt, at present I am resolved
to try what they will doe and not be frighted or put off by
words ; if I could be justifyed in it, I am sure I could defend
the place against this Governour and his best regiment ; I am
to have no notice of this intention against me, but to be
surprized. I should think that they ought to caution me
against goeing thither and give reasons for it, that I might
not go thither. I intend not to meddle with any lands until
I have farther instructions relateing to the claims etc. I send
herewith one of the applications made to me immediately after
my arrival here, onely to shew to my Lords how pressing people
were with me to begin the new settlements etc. Asks for letters
to be sent to him under cover to John Jekyl Esq., Collector,
as they will come safer. Signed, David Dunbar. Endorsed,
Reed. 19th Nov. 1730, Read 5th Jan. 173. 8f pp. Enclosed,
438. i. Petition of Robert Boyes and David Cargill to Col.
Dunbar. Boston, 1st Oct., 1729. On behalf of 150
families desiring, upon his encouragement, to go and
settle about Pemaquid, pray that the lands surrounding
the old Fort may be laid out for them. Signed, Robert
Boyes, D. Cargill. Endorsed, Reed. 19th Nov., 1730.
IP-
438. ii. Extract of letter from Governor Philipps to Col.
Dunbar. 2nd Jan., 1729. In relation to grants for
private settlements, " my hands have been tyed
from the beginning not to be loosed till the survey of
the whole country be made, whereby 11 years of my
Governmt. has been already baulked, and 7 more will
be in all probability, before that can be finished," etc.
Continues : In the setting out those thousands of
acres to be lay'd aside for the use of the Royal Navy,
AMERICA AND WEST INDIES.
1780.
unless regard be had to the places and harbours that
are most fitt for settlements, this country of Nova
Scotia may remain a wilderness to the world's end
etc. Signed, R. Philipps. Copy. 1 p.
438. iii. Col. Dunbar to Governor Philipps. Boston, llth
Feb., 1729 (30). Reply to preceding. Hopes to wait
on him in April. Quotes his Instructions, but does
not think it was intended that the whole survey of
the Province should be made previous to the making
of any grants etc., but that as the Surveyors see what
is fit to be reserved, he might make grants of what
was not fit etc., ut supra. Signed, David Dunbar.
Endorsed as No. 1. Copy. 2 pp.
438. iv. Col. Dunbar to Governor Belcher, 18th Aug., 1730.
Since my being in this country I have met with much
difficulty, opposition and affronts in ye execution of
my duty according to H.M. Instructions to me, wch.
have in publick Courts been exploded and sett at
nought, but I hope now by your influence, and
authority of your Commission to be freed from any
such for ye future etc. Quotes from his Instructions,
that he is to apply to Governors to endeavour to get
acts passed for encouraging the encrease of naval
stores etc., and, as the late act of Parliament for the
preservation of the woods is still defective, suggests
that it may be remedied here. Continues : In my
severall progresses through the woods in the provinces
of New Hampshire and Maine I found great numbers
of white pine mast trees cutt into logs and saw'd into
lumber, notwithstanding some of 'em had been seized
by my Deputys, marked with ye Kings mark, and
tryed and condem'd for H.M. use. If the owners of
such mills could have been discover'd they wod. have
been prosecuted for ye penalty s in ye act etc., but
neither my Deputys nor I could procure any
information of the owners' names, but that mostly
ye mills had several owners, each taking his turn to
saw, and that any man that wod. draw logs thither
might saw them leaveing a certain part for the owners
etc. Among ye vast number of mast trees thus cutt
into loggs I have observed many different marks upon
ye logs to distinguish between ye owners. The difficulty
in getting ye proof required in ye act of Parliament
is insuperable, for tho' people are found in a mast
swamp with axes in their hands, many trees cutt
down, and even hearing them fall, yet ye Courts here
do expect a proof for ye falling and cutting of each
tree. I have had an instance of this in ye case of Ben
Norris of New Hampshire now in prison at Portsmouth,
282 COLONIAL PAPERS.
1730.
who I could prosecute but for one tree, tho' there were
several cutt down and there lying upon the ground,
but he being seen only at work upon one tree I could
prosecute him only for that, and even for that being
convicted and the penalty decreed against him, he
promised to pay it but instead thereof he made sham
conveyances of his estate to defraud ye King and
made it his election to go to prison. There is another
abuse wch. merits consideration, an evidence for ye
King was arrested at ye Court door with ye summons
or citation in his pocket. I was obliged to pay the
debt, or must have lost ye benefit of his evidence ;
in England any man with a subpoena or summons to
any Courts is thereby protected going and directly
returning home etc. Requests him to get acts passed
to remove the said inconveniencies etc., and particu-
larly that saw-mills be registered and logs marked etc.
and to issue his Proclamation for the observance of
the last act for the preservation of the woods, with a
notice by Dunbar recalling his declaration of 2nd
Dec. giving liberty for cutting white pine trees not
fit for the King's service, he having been reprimanded
by the Board of Trade for granting that indulgence.
Also, according to his Instructions, recommends to
H.E. that acts be passed and encouragement given
for raising hemp and other naval stores, for the
management of which he has particular directions,
and will give them to be printed when required.
Signed, David Dunbar. Endorsed, Read 19th Nov.,
1730. Copy. 4| pp.
438. v. Governor Belcher to Col. Dunbar. Boston, 20th
Aug., 1730. Reply to preceding. Having just
arrived and preparing to go o' Monday next for my
other Government, puts me in great hurry, yet I
should be glad to see you to-morrow morning, etc.
No influence or authority of mine shall be wanting
to protect and countenance you in your office etc.
Signed, J. Belcher. Copy, f p. [C.O. 5, 872. ff.
1-llt;.]
Sept. 16. 439. H.M. Warrant appointing John Hammerton Receiver
Windsor. General of H.M. Revenues in Carolina, during pleasure, on
security given. Copy. [C.O. 324, 49. ff. 76-78.]
Sept. 17. 440. Order of King in Council. Approving draughts of
Windsor. Instructions for Governor Johnson. Signed, Temple Stanyan.
1 p. Enclosed,
440. i. H.M. Instructions for Governor Johnson. Windsor,
17th Sept., 1730.
AMERICA AND WEST INDIES.
283
1730.
Sept. 17.
Treasury
Chambers.
Sept, 17.
Windsor.
Sept. 17.
Windsor.
Sept. 17.
Windsor.
Sept. 19.
Jamaica.
440. ii. H.M. Instructions for Governor Johnson relating to
Trade. Same date. [C.O. 5, 192. ff. 65-118, 121-
148.]
441 . Mr. Leheup to Mr. Popple. In reply to his memorial,
the Lords of the Treasury are of opinion that when any repairs
are wanting to your office application must continue to be made
here. Signed, Peter Leheup. Endorsed, Reed. 17th, Read
29th Sept., 1730. f p. [C.O. 388, 79. No. 66.]
442. Francis Freelove to the Duke of Newcastle. Refers to
letter of Sept. 5 under the name of Publicus, and is now ready
to lay the scheme at his feet etc. Signed, Fran. Freelove.
Addressed. 1 p. [C.O. 5, 4. No. 44.]
443. Order of King in Council. Approving draughts of
Instructions to Governors and Col. Dunbar relating to H.M.
granting to the informer his share of the penalties for destroying
His woods etc. Signed, Temple Stanyan. Endorsed, Read 10th
Nov., 1730. l^pp. Annexed,
443. i. Additional Instructions as above. Signed, G. R.
26th Sept., 1730. [C.O. 323, 9. ff. 52, 52v., 53v. ;
and (without enclosure) 324, 36. pp. 235-238.]
444. Order of King in Council. Approving draughts of
Instructions for Governor Johnson. Signed and endorsed as
preceding. 1 p. [C.O. 5, 362. ff. 1, 60.1
445. Governor Hunter to the Council of Trade and
Plantations. I have the honour to inform your Lordships that
whilst I was at Port Antonio on the North side of this Island
busied in fitting out the partys to distroy or dislodge the slaves
in rebellion who have settled and been so troublesome in that
nighbourhood. On the 31st of August I reced. advice from
the Commander of Fort Charles at Port Royal that a Spanish
ship of war of 54 guns call'd the Genoesa had stranded on Pedro
shoals ten or twelve leagues to the South of this Island with
great treasure on board with the President of Panama and
several other prisoners of State, and that two Assiento snows
with another vessel were immediately dispatcht thither to save
what they could of the ships crew and others on board. I by
the same express with the approbation of Rear Admiral Stewart
who was on the spott sent to the Commander of the fort at
Port Royal the orders of which the inclosed is a copy. I wrote
also to Mr. Pratter Factor to the South Sea Company to acquaint
him with these orders and to some other Gentlemen and the
Secretary to desire that any of the Gentlemen of the Council
who were at hand might repair to Port Royal to give their
assistance in the securing in the best manner they could all
284 COLONIAL PAPERS.
1730.
such treasure or efi'ects from on board that wreck, in case any
such should be brought thither in my absence which would be
but short, the Admiral resolving to go round with me as soon
as he could gett his ship ready, the floods making it impossible
for me to go by land. On Munday 14th of this month we
arrived at Port Royal, on Wednesday I mett the Council at
Spanish Town, I lay'd before them all orders and letters of
correspondence relating to that wreck. They took time till
next day to agree upon their advice upon the whole, of which
your Lordships has also iriclos'd a copy, one of their number,
the Attorney General had as I had desir'd been with the Capt.
of the Fort saw and read his orders and all other papers relating
to that affair which were in his possession, and all or any of
them might have done the same. As there is no treasure of
any kind as yet lodg'd in the Fort and the Admiral having sent
ships of war to guard the wreck and assist Don Guerall the
Capt. of her in weighing or fishing up what they can of the
Treasure on board of her, your Lordships may depend upon
my doing whatsoever is in my power for his assistance or to
prevent depredations or embazillments as he shall advise or
require of me. I think it is also necessary that your Lordships
be inform'd that upon the return of the Assiento snows with
about 240 of the Spanish crew they were stopt at Port Royal
till search'd by the Lord Muskery Capt. of one of H.M. ships
in that harbour and then let pass. The President of Panama
the Escrivan and about fourteen more being upon a raft it was
by some means cut loose, went adrift and without a miracle
they must be lost, having had no account of them since. This
accident happen'd before the South Sea snows got to the wreck.
The second Capt. of the Genoesa Don Francisco Lehays so soon
as the ship struck upon the shoals was ordered in a boat with
some of the crew to sound the depth of water but finding that
it was impossible that the said ship could be sav'd steer'd their
course for the land with those he had on board to the number
of eighteen and on the 27th he landed to the westward of this
Island at a place call'd Black River and was conducted to the
chief Magestrate in those parts Col. Cambell to whom he apply'd
for assistance and there being at that time a sloop commanded
by one Ware lying at Black River the Col. consented she should
go with the said Captain to the assistance of those who were
left in the ship, but when they came to the wreck they found
all the people had been taken off by the South Sea vessels and
were gone from thence, but the sloop remain'd three days and
fish'd up a great deal of treasure. The third day while they
were at work upon her they spy'd H.M.S. Experiment whom
Admiral Stewart had sent to guard the wreck from being rob'd
and plunder'd. The said second Captain with some others
came on board the Experiment that night and desir'd Captain
Redish's aid and assistance with some provisions and men which
AMERICA AND WEST INDIES.
285
1730.
he readily promis'd should be sent them in the morning early,
but when daylight appear'd the sloop was gone. The
Experiment follow'd her to the westward believing she had
steer'd that course but not coming up with her and Capt.
Redish finding the Experiment leaky and otherwise in a bad
condition to keep the sea he return'd directly to Port Royal,
upon which H.M. sloop Try all was sent as a guard to the wreck,
and since she sail'd we have had no further accounts. It is
generally believ'd that this sloop is gone to Cuba and I am
affraid before the Tryall could retch the wreck, other vessels
may have been upon her a plundering, but of this no certain
information as yet. Signed, Ro. Hunter. Endorsed, Reed.
9th, Read 26th Nov., 1730. 5 pp. Enclosed,
445. i. Governor Hunter's orders to Capt. Dalrymple to take
into his custody all treasure etc. brought from the
Genoesa etc. Port Antonio. 31st Aug. Signed, Ro.
Hunter. Endorsed, Reed. 9th Nov., 1730. Copy.
3pp.
445. ii. Opinion of the Council of Jamaica that as the Captain
of the Genoesa has applied to the Assiento Factors and
Admiral Stewart for aid in the matter of the treasure
in the wreck, the Governor need not intermeddle
further in that affair, until application be made to
him. Same endorsement. Copy. I p. [C.O. 137,
18. ff. 120-122U., 123U.-126,
Sept. 19. 446. Governor Hunter to the Duke of Newcastle.
Jamaica. Duplicate of preceding covering letter, mutatis mutandis.
Signed, Ro. Hunter. Endorsed R. 9th Nov. 4f pp. Enclosed,
446. i., ii. Duplicates of preceding enclosures. [C.O. 137,
53. ff. 249-251, 252v.-253v., 255.]
Sept. 19. 447. Governor Hunter to Charles Delafaye. It is now
almost three months since I have receiv'd any letters from his
Grace or from you. Repeats story of the Genoesa as in preceding
covering letter. Signed, Ro. Hunter. Endorsed, R. Nov. 15.
Duplicate. 6 pp. [C.O. 137, 47. No. 17.]
Sept. 20.
Jamaica.
448. Memorial of loss sustained by William Pugsley of
London and others, owners of the Loyal galley, W. Pugsley
master, taken by a Spanish privateer in the Mediterranean on
a voyage from Newfoundland, via London, with fish. Signed
and sworn by, William Pugsley. Endorsed, Reed. 13th Nov.,
1730. 2 pp. Enclosed,
448. i. Copy of bill of sale of Loyal galley to Wm. Pugsley,
26th April, 1715. 2 pp.
448. ii., iii. Memorial and estimate of loss by Wm. Pugsley.
Copies. 3% pp. [C.O. 388, 92. Nos. 4, 4 i-iii.]
286
COLONIAL PAPERS.
1730.
Sept. 21.
Boston.
Sept. 21.
Windsor
Castle.
Sept. 22.
Sept. 24.
Whitehall.
449. Col. Dunbar to Mr. Popple. Encloses " a deal box
with the iron tools I formerly mentioned to you, and with them
a long letter, partly giveing an account of some malicious
persecutions I lye under here ; I have putt in the box the
journals of one session of the General Court here, wch. if my
Lords have not already seen, will be diverting, I have turned
down two places in it for your first perusal ; I believe ye
Governour tells you how he has failed in getting the sallary
fixed. Nobody here imagines he desires it, and believe he has
a private instruction to dispense with the 27th Article. Others
say he has actually undertaken at home to prevail with this
people to fix the sallary, and think he will be suddainly super-
seded upon this disappointment, but one who is much with
him tells me he will spin out three years in his Governmt. by
promising that next years Assembly will comply." Signed,
David Dunbar. Endorsed, Reed. 19th, Read 28th Oct., 1730.
Holograph. 1| pp. [C.O. 5, 871. ff. 191, 191., 192u.]
450. H.M. Warrant for affixing the Great Seal to
Commission the Prince William privateer, for seizing pirates
in the seas of the Spanish West Indies. Countersigned, Holies
Newcastle. Copy. [C.O. 324, 36. pp. 233, 234.]
451. Mr. Fane to the Council of Trade and Plantations.
Has no objection to Act of Antigua, 1730, for cutting of the
intail of certain lands formerly of John Bradshaw deed., and
settling the same upon Francis Delap etc. Signed, Fran. Fane.
Endorsed, Reed. 22nd Sept., Read 1st Dec., 1730. 1 p. [C.O.
152, 18. ff. 145,
452. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following. Autograph signatures. 1 p.
Enclosed,
452. i. Draught of H.M. Instruction to the Governor of
Barbados. Whereas the French for some years past
have pretended a claim to the Islands of Sta. Lucia,
St. Vincents and Dominico under your Government,
altho' We conceive We have an undoubted right
thereto, and whereas it has been agreed between Us
and the French Court, that until the right to these
islands shall be determined, they shall be entirely
evacuated by both Nations : It is Our will and
pleasure and you are accordingly to signifie the same
to such of Our subjects as shall be found inhabiting
any of Our said islands, that they do forthwith quit
the same until the right to these islands shall be
determined as aforesaid ; and that they do comply
with this Our order in thirty days from the publication
thereof in each of the said Islands respectively, under
AMERICA AND WEST INDIES. 287
1730.
pain of Our highest displeasure. But it is Our will
and pleasure that you do not execute this Our order,
until the French Govr. of Martinique shall have
received the like directions from the French Court,
and shall jointly with you put the same in execution
without any exception. And you are hereby further
ordered to transmit to Us by the first opportunity a
full account of your proceedings, as likewise of those
of the French in this behalf, taking care by all oppor-
, tunities to inform yourself, whether Our subjects,
and those of the French King, do punctually comply
with the true intent and meaning of this agreement
until such time as the right to the said islands shall be
absolutely determin'd as aforesaid. Endorsed, sent
to Ld. Waldegrave, Sept. 28th, 1730. 1| pp. [C.O.
152, 40. Nos. 31, 31 i ; and 29, 15. pp. 209-211.]
Sept. 25. 453. Circular letter from the Duke of Newcastle to
Governors of H.M. Plantations. H.M. having received repeated
complaints, that the trade of his subjects in the West Indies
and elsewhere in America, suffers much damage and molestation
from pyratical vessels, especially from vessels fitted out from
the Spanish Islands in the West Indies, notwithstanding the
peace and friendship subsisting between the two Nations, and
contrary to the Orders of the King of Spain, 25th April 1728,
to cease all hostilities etc., and of 14th Dec. 1729, to make
restitution of all prizes taken since 22nd June, 1728 etc. (v. Jan.
22 supra], and notwithstanding the repeated applications that
have from time to time been made to the Court of Spain for
satisfaction for the losses and damages sustained by H.M.
subjects from such pyratical proceedings, and that effectual
care might be taken to put a stop to them, and also notwith-
standing the orders which have been given from time to time
to the Commanders of H.M. ships stationed at the several
Colonys of H.M. subjects, in the West Indies and elsewhere in
America, to seize and bring in all pyratical vessels or freebooters
not lawfully commissioned, or that make depredations on the
trade of H.M. subjects contrary to the Treatys, The said pyratical
practices of the Spaniards and others nevertheless still con-
tinuing, to the great damage of H.M. subjects ; and as all vessels
acting in such manner, in time of peace, are to be reputed no
other than pyrates, whether they cruize at sea without any
commission, or having commissions do nevertheless spoyl and
plunder the ships and goods of H.M. subjects, contrary to the
Treatys, and there being great reasons to believe, that the said
freebooters are chiefly upheld in their pyracies by the secret
encouragement and protection which they meet with in many
sea-port towns in the West Indies from whence they are fitted
288 COLONIAL PAPERS.
1730.
out for the sea, and to which places they retire with their
booty, His Majty. being determined to use all possible means
that may most effectually put a stop to such violences for the
future and protect His subjects in their lawfull trade and
navigation, has commanded me to signify to you His pleasure,
that when any of His subjects following their lawful trade in
the West Indies and elsewhere in America, shall be unjustly
plundered or despoiled of their ships or goods by any persons
of what Nation soever, the said sufferers do, by the first oppor-
tunity, give in the most authentick proof of the damages and
losses they have sustained, upon oath, before the Judge of one
of H.M. Vice- Admiralty Courts in the Plantations, which Judge,
after due examination of the matter, is to deliver to the said
sufferers, a declaratory sentence under his hand and the seal
of the Court, setting forth the particular circumstances of the
fact, when, where, and by whom committed, from what port
the vessel or vessells that did the damage was or were fitted
out, and to what port the ship or goods were carryed ; and the
value of the same, and that the whole has been duly proved
upon oath before him, which sentence or a duplicate thereof
is to be lodged in the hands of ye Governor of the Colony where
such declaration is made ; and if such sentence or duplicate
shall in pursuance of this order happen to be lodged in your
hands, and the Commander in Chief of H.M. ships in the West
Indies, or any of the Captains of H.M. ships, shall then be in
your Island [Island. Colony. H.M. Province under your
Governmt. in Margin], or upon the arrival there of any of them
you shall deliver unto him such declaration signed and sealed
as aforesaid, who is thereupon to repair himself or send one or
more of the ships under his command to the port where such
ship or goods of H.M. subjects shall have been carryed in, or
from whence such ship or ships or vessels was or were fitted
out, in order to procure the immediate releasemeht of such of
H.M. subjects as may have been taken, together with full
restitution of the ship or goods so plundered or taken, or the
value thereof, or else the delivering up to him or them of the
persons and ships which committed the fact, or to make reprizals
in such manner as is directed by the orders in that behalf to
the said Commander in Chief and to the Captains of H.M. ships
stationed in America. It is H.M. further pleasure that you
give publick notice in the several ports of your Government,
of such part of this order as concerns H.M. subjects whose ships
or effects shall be thus pyratically taken that they may know
where and in what manner to apply for redress ; and that you
send from time to time to one of H.M. principal Secretaries of
State, an account of your proceedings in the execution of these
orders. Corrected draft. 6 pp. [C.O. 137, 53. ff. 257-260 ;
and 5, 4. No. 45.]
AMERICA AND WEST INDIES. 289
1730.
Sept. 25. 454. Governor Osborn to the Duke of Newcastle. I was
st. Johns, in hopes upon my arrival in Newfdland to have had the honour
Nfiand. Q ^ ac q ua i n ti n g your Grace of the good effects produced by the
measures I had taken last year to execute H.M. commands,
and that a proper submission and respect had been paid to the
orders I had given, and to the Magistrates I had appointed,
but insteed thereof, the Fishing Admirals and some of the rest
of the Masters of the ships and traders in this Island, has
rediculed the Justices of Peaces authority very much in my
absence, and have used their utmost endeavours to lessen them
in the eye of the lower sort of people, and in some parts have
in a manner wrested their power from them. The Admirals
have brought the power given them by the Fishing Act in
competition with the Justices, and have not scrupled even to
touch upon mine ; but how far these two powers interfere with
humble submission I shall leave to your Grace's determination.
All this discord proceeds from a jealousey the Admirals and the
rest of the masters of ships have conceived (fomented by some
troublesome ill desineing persons) that their privilliges granted
them by the Act before mentioned are invaded by these Magis-
trates, which power the Admirals hardly ever could be brought
to make use of (without it was justly to serve their own purposes)
before, nor till they see these officers established ; and are now
a doing all the little spiteful things they can against these men
only because they bear this Commission, indeed I find by their
will they would be sole rulers and have nobody to controule
them in their arbeterry proceedings. I have expostulated with
them in the best manner I was capable upon these affairs, but
I think to no other purpose then to raise their indignation
against me for being the Justices' abetters, indeed I cant charge
the Justices with any arbeterry steps on account of the trust
reposed in them ; rather their fault is the contrary, whereas
the Admirals are guilty of many etc. Refers to enclosed petitions.
Continues : Indeed these Commissions of the Peace are in
general disliked by all the masters of the ships, and they are the
chief people who have oposed most of the steps I have taken ;
by which means and partly by the indifferrence of some of the
Justices in their office, who think they suffer in the way of trade
and gain the ill will of the people they deal with by doing their
duty, and partly by the incapacity of others the Commissions
of the Peace are but indiffirently executed ; I have since my
arrival apointed Majestrates in all those places which for want
of time I had omitted last year etc. Encloses " scheem of the
order of disposition I have made therein, and make no dought
but by the measures your Grace may be pleased to recommend
to H.M., and the protection and countenance your Grace will
think proper to give these Majestrates for the future but yet
they may be encouraged to do so farr their duty as thouroughly
to answer H,M, intentions, The prison at St. Johns with the
19
290 COLONIAL PAPERS.
1730.
Court house is in a manner finished, and in general, the people
have very well complied with the raite that was laid upon them
for building the same, and to prevent impositions of any kind
on offenders I have caused the prison fees to be regulated by
the Justices of Peace in such a manner as I thought was most
agreable to the place, and in regard to the inhabitants on the
South parts of this coast who can reape but little advantage
from this prison, by reason of the expence and lose of time they
must be at in sending offenders so great a distance, I have upon
a presentment made by the Justices of Peace, and principal
traders at Ferryland, agreed to a raite proposed to be laid on
the people in that district for building a prison in that place
(copy enclosed} etc. I don't doubt but even the sight of these
two prisons will in some measure checque many of these people
in their evil courses of life. The state of the Fort and Garrison
at Placentia is the only thing more I have to lay before your
Grace " etc. Refers to enclosed reports and trusts to his Grace's
justice in attributeing the situation of affairs to the principles
of these people rather than to any want of endeavour on his
part etc. Signed, Hen. Osborn. Endorsed, R. 23d. Nov.
5f pp. Enclosed,
454. i. Inhabitants of Ferryland to Governor Osborn. In
pursuance of public meeting convened by him 14th
Sept., 1730, to consider means to raise money for
building a prison, propose a levy of 1/6 per head on
servants, to be paid by masters ; the prison to be
built at Ferryland. 20 signatures. 1| pp.
454. ii. Division of Newfoundland into districts, with
magistrates appointed therefor (cf. C.S.P. ; Oct. 14,
1729). 1 p.
454. iii. State of the Garrison at Placentia. Absent, the
Col. (Lt. Govr. Gledhill) Fort Major, Chaplain, Surgeon
and Commissary, and five out of eight gunners. Of
one Company of Foot, consisting of Captain, Lieut.,
Ensign, two Serjeants, two corporals, one drum and
34 private men, there are present only Lt. John
Hollingsworth, confined to his bed by age and
infirmities : 2 Serjeants, 2 corporals, one drum and
11 men.
The Parapet, chimneys, storehouse and palisade
of the Fort are much decayed etc. Signed, Edwd.
Hopley, Storekeeper. 2 pp.
454. iv. Messrs. Keen, Weston and Southmayd to Governor
Osborn. We are like to meet with some obstructions
in the due execution of our office as Justices. The
Admirals, whose authority is limited by the Act to
disputes concerning the Fishery, determine other
matters, as criminal cases, and direct their warrants
to the Constables to put their sentence in execution
AMERICA AND WEST INDIES.
291
1730.
Sept. 25.
St. Johns,
Nfland.
Sept. 26.
Oxford
att
St. Johns.
and require our assistance to punish persons by virtue
of their order etc. Signed, Wm. Keen, Wm. Weston,
A. Southmayd. Copy. If pp.
454. v. Messrs. Signac, Salmon and Buchanan, of Placentia,
merchants, to Governor Osborn. Similar complaint
adding, " The Admirals further appointed public
houses which had no licences from us. They told us
we were only Winter Justices and seem'd to doubt of
your authority for appointing of Justices, and that
their authority was by Act of Parliament, your
Honour's only from the Prive Council." Signed,
Pet. Signac, Tho. Buchanan, Tho. Salmon. Copy.
f p. [C.O. 194, 24. Nos. 18, 18 i-v.]
455. Governor Osborn to Mr. Popple. Refers to letter of
8th Sept. from Placentia. Finds the sentiments and practices
of the masters of ships and traders towards the Justices of Peace
in the other parts of the island pretty much the same as there.
Continues : I have since appointed majestrates in all those
places I had omitted last year etc. Transmits for their
Lordships' approbation a scheme of the disposition he has made
therein throughout the island. Continues : I make no dought
that from the measures their Lops, may be pleased to recommend
for the future, and the countenance and protection they will
think proper to give these majestrates, but yet they may be
incouraged to do so far their duty as thoroughly to answer
H.M. intentions. The prison at St. Johns etc. as preceding.
Concludes : I shall trouble their Lordps. with nothing more
from hence, but if anything material should happen, I shall do
myself the honour to lay it before their Lops, on my arrival etc.
Signed, Hen. Osborn. Endorsed, Reed. 4th, Read 12th Jan.,
173?. Holograph. 3 pp. Enclosed,
455. i.-iii. Duplicates of preceding encl. i, ii, iv. Endorsed,
Reed. 4th Jan. 173^. [C.O. 194, 9. ff. 36-37i>.,
39-40, 41, 42u., 43v., 44u.]
456. Commodore Lord Vere Beauclerk to Mr. Popple.
Encloses answers to Heads of Enquiry. Refers the Board to
Capt. Osborn's letter. Continues : I am sorry they will find
so few improvements. Indeed in one thing I have not been
disapointed, which is the jealousy I apprehended the Admirals
wou'd conceive against these new Officers, which I hop'd wou'd
awake them and put them upon exerting themselves in their
dutys, that effect it has had in some measure, but has att the
same time created an enmity betwixt them, they not clearly
understanding how far each of their powers extend, indeed my
first proposal to their Lordships was only with a view to the
winter season, when the Admirals shou'd be absent, but I was
afterwards att a loss to know how far it might be right or lawfull
292 COLONIAL PAPERS.
1730.
to hinder Justices of the Peace appointed by virtue of H.M.
Commission from acting, so I have only endeavoured to keep
them and the Admirals quiett, without absolutely determining
their several jurisdictions, etc. It is now absolutely necessary
their Lordships shou'd decide it, if they intend to continue
them, and that clear and positive Instructions how to settle it,
shou'd be given to whoever shall be appointed to command
here next year. I am sure Sir you will do me the justice to
remember that I never imagin'd or propos'd that this Com-
mission wou'd cure or remove all the grievances or obstructions
relating to this trade, but only prevent its growing worse till
their Lordship's leizure shou'd permitt them to think of an
effectual method of putting a stop to the many wrong pro-
ceedings, whether it has had that effect I must submitt to their
Lordships, only hope they will overlook and forgive all faults
in my conduct, and impute them to the real cause, want of
capacity, not inclination or zeal to do better etc. Signed, Vere
Beauclerk. Endorsed, Reed. 2nd Nov., 1730, Read 12th Jan.,
173y. Holograph. 4 pp. Enclosed,
456. i. Same to the Council of Trade and Plantations, (a)
Having been so long and I apprehend, tedious in my
answers last year, I shou'd not have thought of
troubling your Lordship's again this year had it not
been intimated to me that your Lordships expected
it. I wish I cou'd with any truth say this is not an
exact duplicate, that I cou'd assure your Lordship's
of any present amendments or improvements, and not
refer you to futurity for the hopes of better behaviour
in the people concern'd in this trade. All I can
venture to say is I hope they are not worse, and that
some check tho' not an entire stop has been put to
some irregular itys. had my power and capacity been
as ample as my zeal, I shou'd not have doubted of
meriting your Lordship's approbation etc. (b) Replies
to Heads of Enquiry relating to the Newfoundland
Fishery. Practically a duplicate of C.S.P., Oct. 14,
1729, encl. i, q.v. Signed, Vere Beauclerk. 16 pp.
456. ii. List of Justices and Constables appointed to administer
justice for the 6 districts during the winter. 2 pp.
456. iii. Scheme of the Newfoundland Fishery for 1730.
Totals : Ships (including 58 from America) 269 ;
burthen, 19,540 ; men belonging to them, 3755 ;
passengers, 1648 ; boats, 980 ; by-boatmen, 1864 ;
quintals of fish made, 249,260 ; do. carried to foreign
markets, 242,450 and 621 tierces of salmon ; train-oil,
1311 tons ; prices of fish, 28 to 25 ryals ; salmon 45s.
per tierce ; train-oil, 121. to 14Z. per ton. Seal oil,
value 3562Z. Fur taken by the inhabitants, 860/.
(800/. at Bonavista). Stages, 925 ; train-fatts, 389.
AMERICA AND WEST INDIES. 293
1730.
456. iv. Planters and Inhabitants of Newfoundland in 1730.
Totals : Families, 322, 45 of which kept public houses.
Land improved, 3 acres at Old Parlikin and 10 at
Carbonier. Inhabitants, including masters, mistresses,
children and servants 2702 (at St. Johns, Quidividi
and Torbay, 252 ; Bay of Bulls and Petty Harbour,
394 ; Placentia, 95 ; St. Maries, 32 ; Trepassy, 114 ;
Ferryland, 323 ; Bay de Verd, 142 ; Trinity Bay,
329 ; Bonavista, 411 ; Old Parlikin, 302 ; Carbonier
327). Remained in the country last winter, 2088.
Births, since departure of last convoy, 47 ; deaths 92.
[C.O. 194, 9. ff. 45-46u., 47w.-55i>., 56u.-57, 58U.-60,
Sept. 29. 457. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose copy of Governor Hunter's letter of 4th
July. Continue : Your Grace will perceive by it that the
design conceiv'd by the Spaniards some time ago upon this
island was not without very good foundation, the copies of two
depositions which we likewise inclose are an evidence of this,
and that the Spaniards had grounded their hopes of success upon
the strength of the runaway negroes, who are now very numerous,
and grown much more insolent upon their having lately defeated
a considerable party sent out to reduce them. By the
resolutions of the Assembly upon this subject, it would seem to
us, that they have not been so anxious for the defence of their
country as they should have been ; and therefore considering
the very great consequence this Island is of to the Trade of
Great Britain, we must submit it to your Grace, whether it
would not be for H.M. service, that some additional force should
be sent thither without loss of time from the Leeward Islands
or from whence the same may best be spared, to continue at
Jamaica, until these rebellious and runaway negroes shall be
intirely subdued. Autograph signatures. If pp. Enclosed,
457. i. Copy of Governor Hunter's letter, 4th July.
457. ii.-iv. Copies of depositions of John Tello, Capt. Quarrell,
and of resolution of Committee of House, enclosed in
preceding. [C.O. 137, 47. ff. 44, 44., 46-49, 50,
50v., 52, 52v., 54 ; and (without enclosures) 138, 17.
pp. 292, 293.]
Sept. 29. 458. Petty expenses of the Board of Trade from Midsummer
to Michaelmas, 1730. (v. Journal). 6 pp. [C.O. 388, 79.
Nos. 67-69.]
Sept. 30. 459. Receipt for papers (enumerated) received from Mr.
Popple relating to claims for ships and cargoes seized by the
Spaniards to be delivered to H.M. Commissaries at the Court
of Spain. Signed, Jon. Crookshanks. [C.O. 388, 90. ff. 191-
1980.]
294
COLONIAL PAPERS.
1730.
Sept, 30.
Whitehall.
Sept. 30.
Whitehall.
Sept. 30.
Whitehall.
Sept. 30.
London.
Sept. 30.
Whitehall.
Sept. 30.
Whitehall.
460. Council of Trade and Plantations to the Lords
Commissioners of H.M. Treasury. Request payment of Office
expenses and Officers' salaries for quarter ending Michaelmas.
Account annexed. [C.O. 389, 37. pp. 317, 318.]
461 . Same to the Lords Commissioners of H.M. Treasury.
Since our letter of the 8th instant etc., we are inform'd your
Lordps. are of opinion that when any repairs are wanting in
this Office, application shou'd continue to be made to your
Lordps., we therefore take leave to inform you that the wooden
rails before our door, are no longer fit for service, and that the
frequent repairs made have been as chargeable as the prime
cost of iron rails wou'd have been. Your Lordps. will therefore
please to give your directions that they may be repair'd or new
ones put in their stead, as your Lordships shall think most
convenient. [C.O. 389, 37. pp. 319, 320.]
462. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 24 acts of Virginia, passed in 1729 (enumerated)
and requests return of the three Pennsylvania acts passed in
1727 upon which he has reported. [C.O. 5, 1366. pp. 48-54.]
463. Sir A. Cuming to Mr. Popple. There is one of the
Indian Chiefs who desires to stay with me, and he being no
party to the Articles of agreement I know not how to refuse him
least the others should think that I am dissatisfyed with what
has been done, although I have assured them that I am entirely
pleased with their conduct and the kind reception they have
met with from your Honourable Board. Signed, Alexr. Cuming.
Enclosed, Reed., Read 30th Sept., 1730. 1 p. [C.O. 5, 361.
ff. 168,169i;.]
463A. Mr. Popple to Sir A. Cuming. The Board is of opinion
the Indians should return with Col. Johnson etc. [C.O. 5, 401.
p. I.]
464. Council of Trade and Plantations to the Duke of
Newcastle. Have had two meetings with the Cherokee Indians
etc. Continue : We have made them certain proposals to
which we have received their answer and full consent ; this
being the usual manner of treating with the Indian nations in
America. Enclose copies. Your Grace will observe that there
is a full acknowledgment in this agreement, of their subjection
to H.M., and altho' our proposals and our answers are in an
uncommon style, it is such as is best understood by them, and
is the same which is always made use of upon the like occasion.
As the said Indians seem fully satisfied both with the said
agreement, and with the treatment they have met with since
their arrival in England, we have reason to hope, the small
expence H.M. has been at, upon this occasion, is well laid out
for His service ; and for the interest of His people in Carolina.
Autograph signatures. If pp. Enclosed,
AMERICA AND WEST INDIES. 295
1730.
464. i. Articles of Friendship and Commerce proposed by
the Lords Commissioners for Trade and Plantations,
to the Deputies of the Cherokee Nation by H.M. Order,
7th Sept., 1730. Whereas you Scayagusta Oukah,
Chief of the town of Tassetsa ; you Scalilosken
Ketagusta ; you Tethtowe ; you Clogoittah ; you
Colannah ; you Oucounacou ; have been deputed
by Moytoy of Telliko, with the consent and appro-
bation of the whole nation of the Cherokee Indians, at
a general meeting at Nikossen 3rd April, 1730, to
attend Sir Alexander Cuming Bart, to Great Britain,
where you have seen the great King George, at whose
feet the said Sr. Alexander Cuming, by express
authority for that purpose from the said Moytoy and
all the Cherokee people, has laid the Crown of your
Nation, with the scalps of your enemies and feathers
of glory, at H.M. feet, in token of your obedience.
Now the King of Great Britain, bearing love in his
heart to the powerfull and great nation of the Cherokee
Indians, his good children and subjects, H.M. has
impowered us to treat with you here etc. Continue :
Hear then the words of the Great King whom you
have seen etc. The English everywhere on all sides
of the great mountains and lakes are his people and
his children whom he loves ; their friends are his
friends, and their enemies are his enemies ; He takes
it kindly that the great nation of Cherokees have sent
you hither a great way, to brighten the chain of
friendship between him and them etc. ; the chain of
friendship between him and the Cherokees Indians,
is like the sun, which both shines here and also upon
the great mountains where they live and equally
warms the hearts of the Indians and of the English ;
as there are no spots or blackness in the sun, so is there
not any rust or foulness in this chain ; and as the
Great King has fastened one end of it to his own breast,
he desires you will carry the other end of the chain
and fasten it well to the breast of Moytoy of Telliko,
and to the breasts of your old wise men, your Capts.
and all your people never more to be broken or made
loose. And hereupon we give two pieces of blue
cloth. The great King and the Cherokee Indians being
thus fastned together by the chain of friendship, he
has ordered his people and children the English in
Carolina, to trade with the Indians and to furnish them
with all manner of goods that they want, and to make
haste to build houses, and to plant corn from Charles
Town towards the Town of the Cherokees, behind the
great Mountains, for he desires that the Indians and
296 COLONIAL PAPERS.
1730.
the English may live together as the children of one
family, whereof the Great King is a kind and loving
Father ; and as the King has given his land on both
sides of the great mountains to his own children the
English, so he now gives to the Cherokee Indians the
priviledge of living where they please ; and hereupon
we give one peice of red cloth. The great nation of
Cherokees being now the children of the Great King
of Great Britain, and he their Father, the Cherokees
must treat the English as brethren of the same family,
and must be always ready, at the Governor's command,
to fight against any nation, whether they be white
men or Indians, who shall dare to molest or hurt the
English ; and hereupon we give twenty guns. The
nation of Cherokees shall on their part take care to
keep the trading path clean, and that there be no blood
in the path where the English white men tread, even
tho they should be accompany'd by any other people
with whom the Cherokees are at war ; whereupon we
give 400 weight of gunpowder. That the Cherokees
shall not suffer their people to trade with the white
men of any other nation but the English, nor permit
white men of any other nation to build any forts, cabins,
or plant corn amongst them, or near to any of the
Indian towns, or upon the lands wch. belong to the
Great King ; and if any such attempt shall be made
you must acquaint the English Governor therewith
and do whatever he directs, in order to maintain and
and defend the Great King's right to the country
of Carolina ; whereupon we give 500 pounds weight
of swan shott and 500 pounds weight of bullets. That
if any negroe slaves shall run away into the woods
from their English masters, the Cherokee Indians shall
endeavour to apprehend them, and either bring them
back to the plantation from whence they run away,
or to the Governor, and for every negroe so brought
back, the Indian who brings him back shall receive
a gun and a match coat ; whereupon we give a box of
vermillion, 10,000 gun flints and six dozen of hatchets.
That if by any accidental misfortune it should happen
that an Englishman should kill an Indian, the King
or great Man of the Cherokees shall first complain to
the English Governor, and the man who did it shall
be punished by the English laws as if he had kill'd an
English man, and in like manner if an Indian kills an
English man, the Indian who did it, shall be delivered
up to the Governor, and be punished by the same
English law, as if he was an English man ; whereupon
we give twelve dozen of spring knives, four dozen of
AMERICA AND WEST INDIES.
1730.
brass kettles and ten dozen of belts. You are to
understand all that we have now said to be the words
of the Great King, whom you have seen, and as a
token that his heart is open and true to his children
and subjects the Cherokees and to all their people,
he gives his hand in this Belt, which he desires may be
kept and shewn to all your people, and to their children,
and children's children, to confirm what is now spoken,
and to bind this agreement of peace and friendship
betwixt the English and the Cherokees, as long as the
mountains and rivers shall last, or the sun shine ;
whereupon we give this Belt of Wampum. Copy.
6$ pp.
464. ii. Answer of the Indian Chiefs of the Cherokee Nation,
9th Sept., 1730, to the Propositions made to them in
behalf of H.M. by the Board of Trade, 7th Sept. " We
are come hither from a dark mountainous place, where
nothing but darkness is to be found ; but are now in
a place where there is light. There was a person in
our country with us, he gave us a yellow token of
warlike honour, that is left with Moytoy of Telliko ;
and as warriors, we received it ; He came to us like a
warrior from you, a man he was, his talk was upright,
and the token he left preserves his memory amongst
us. We look upon you as if the Great King George
was present ; and we love you, as representing the
Great King, and shall dye in the same way of thinking.
The Crown of our Nation is different from that which
the Great King George wears, and from that which
we saw in the Tower ; But to us it is all one, and the
chain of friendship shall be carried to our people. We
look upon the Great King George as the Sun, and as
our Father, and upon ourselves as his children ; For
tho' we are red and you white, yet our hands and hearts
are join'd together. When we shall have acquainted
our people with what we have seen, our children from
generation to generation will always remember it.
In war we shall always be as one with you ; the Great
King George's enemies shall be our enemies ; his
people and ours shall be always one, and dye together.
We came hither naked and poor, as the worm out of
the earth, but you have everything ; and we that have
nothing must love you, and can never break the chain
of friendship that is between us. Here stands the
Governor of Carolina whom we know ; this small
rope which we shew you, is all we have to bind our
slaves with, and may be broken ; but you have iron
chains for yours ; However, if we catch your slaves,
we shall bind them as well as we can, and deliver them
298
COLONIAL PAPERS.
1730.
Oct. 1.
Jamaica.
to our friends again, and have no pay for it. We have
looked round for the person that was in our country,
he is not here, however We must say, that he talked
uprightly to us, and we shall never forget him. Your
white people may very safely build houses near us,
we shall hurt nothing that belongs to them, for we are
the children of one Father the Great King, and shall
live and dye together." Then laying down his feathers
upon the table, he added ; This is our way of talking,
which is the same to us, as your letters in the book are
to you ; and to you, beloved men, we deliver these
Feathers, in confirmation of all we have said, and of
our agreement to your Articles."
Memd. That in further proof of their agreement,
they did afterwards sign the Articles which had been
proposed to them by the Lords Commissioners for
Trade and Plantations. Copy. 2j pp. [C.O. 5, 4.
Nos. 46, 46 i, ii. ; and (covering letter only) 5, 401. pp. 2, 3.]
465. Governor Hunter to the Council of Trade and
Plantations. Has sent duplicates and now sends triplicate of
letter of 18th Sept. Continues : I have since received
information that the sloop commanded by one Neal Walker
and which was fitted out before my arrival from Port Antonio
by order of the South Sea Factors here, in order to go and search
for the President of Panama and other State prisoners who were
cut loose upon a raft and drove away from the Spanish wreck,
did instead of following the orders given them go directly to the
said wreck and fish up a great deal of money and treasure from
the same, and afterwards have shar'd and divided the same
among themselves in a private and clandestine manner, and
having also reced. information that from the time the Experiment
Capt. Redish left the wreck untill the time the Tryall Capt. Laws
got there to guard her, there had been other vessels in a
clandestine manner fishing upon her, and that part of the
treasure had been landed in remote parts and there conceal'd
and secreted ; all which informations I immediately communi-
cated to the Council, and with their advice issu'd a proclamation
for the apprehending all such persons and securing what treasure
they may have brought from the wreck in order that the strictest
justice in my power may be done to His Catholick Majesty and
those interes'd in that ship. Admiral Stewart having sent the
Tryall and Experiment a second time to guard the wreck and
assist Don Guerall the Captain of her in fishing up and saving
what treasure they could, I am to inform your Lordships that
the Tryall return'd two days ago with Don Guerall having
fish'd up and brought from the said wreck a good deal of treasure
etc. Encloses account of particulars transmitted to him by
Admiral Stewart, who has taken the same into his custody etc.
AMERICA AND WEST INDIES. 299
1730.
So soon as Don Guerall is recover'd from his present indis-
position, he intends to send the Tryall again with him to the
wreck, having in the mean time order'd the Experiment to
remain at the wreck to prevent any more roberys. Signed,
Ro. Hunter. Endorsed, Reed. 4th, Read 12th Jan., 173?.
2 1- pp. Enclosed,
465. i. Proclamation by Governor Hunter, St. Jago de la
Vega, the 26th Sept., 1730, for the arrest of persons
who have been taking treasure from the Spanish man
of war Genoese, wrecked on the Point Pedro shoals etc.
Signed, Ro. Hunter. Endorsed, Reed. 4th Jan.,
1730-31. Copy. 2 pp.
465. ii. Account of the treasure brought from the wreck
(Genoese] on board H.M.S. Tryall. [C.O. 137, 19.
ff. l-3v., 4,v.-5v.]
Oct. 1. 466. Governor Hunter to the Duke of Newcastle. Duplicate
Jamaica, of preceding covering letter, mutatis mutandis. Signed, Ro.
Hunter. Endorsed, R. 2nd Jan. 2f pp. Enclosed,
466. i. Triplicate of letter of Sept. 19th (dated 18th).
466. ii., iii. Duplicates of preceding enclosures. [C.O. 137,
53. ff. 261-265, 267, 268, 268*;.]
Oct. 1. 467. H.M. Commission appointing Thomas Broughton Lt.
Windsor Governor of South Carolina. Countersigned, Holies Newcastle
Castle.
324, 50. pp. 88, 89.]
Oct. 3. 468. Lt. General Mathew to the Council of Trade and
Antigua. Plantations. Encloses duplicates of last letter, and sends to
Mr. Yeamans to be presented to the Board an act of Montserat
for naturalizing John Lindesay, a duplicate of the last Antigua
tax act, an act for payment for slaves executed for treasons,
murders or felony s, minutes of Council of Antigua, 26th Jan.,
to 11 June, 1730, and duplicate of the Minutes of Montserat
Council from 24th Jan., to 2nd June, 1730. Continues : Mr.
Dunbar, Surveyor General of H.M. Customs has drawn up a
state of the English Sugar Colonys, with respect to the trade
of the Northern Colonys Surinam and the French Islands and
has made therein his observations on the vast increase of
strength among our neighbours, the disadvantages the English
sugar planters now labour under, and the fatal dangers they are
exposed to, on a rupture with France, and he proposes remedys
for these evils. This he desires I will lay before your Lordships,
praying your consideration of it, and that you will recommend
it to His Majesty and His Ministry etc. I therefore enclose it
herewith, and find it answers several of the enquirys I was
called upon for answers to etc. Signed, William Mathew.
Endorsed, Reed. 8th March, 173^, Read 25th July, 1733.
Holograph. If pp. Enclosed,
300 COLONIAL PAPERS.
1730.
468. i. The Present State of the British Sugar Colonys in
South America and of the Trade of the Northern
Colonys on the Continent to and from the French
Sugar Islands and Surinam considered. [? By Mr.
Dunbar. v. preceding]. In regard to the welfare
of the Brittish Colonys and consequently of the revenue
of Great Britain, and its manufactures, I have been at
some small pains in searching out the fatal causes,
of the declining condition of those colonys, which with
the greatest concern, I have beheld gradually decay
whilst our neighbours the Dutch and French have
improved and advanced their sugar settlements, to
the flourishing state they are now visibly in etc.
(i) Trade between the Northern Colonies and the
Dutch settlements in Surinam. Statement of case
similar to that of Representation of Antigua. C.S.P.
Nov. 17, 1731. Continues : (ii) By the 5th and 6th
Articles of the Treaty of Peace and Neutrality, 1686
etc. (which would be more effectually observed, if it
were provided that some share of the seizure should
be to the informer and captor, whereas the whole now
goes to the King) all British and French vessells are
mutually prohibited from approaching each others
settlements etc. Our Northern traders, to evade the
force of that Treaty etc., procure qualifications from
Cape Breton, and pass thereunder as French bottoms
etc., and so furnish the French Sugar Colonys with
lumber, provisions etc., or obtain permissions from
the French General of Martinique to considerable
numbers of New England vessells, annually to load in
the French islands melasses (a commodity there of
very little value) for the Northern Colonys. (iii) Thus
do our Northern traders carry on a considerable trade
with the Dutch and French settlements in South
America, from whence in return they export melass,
and other commoditys of the product of those settle-
ments, and likewise great quantitys of commoditys
of the product and manufacture of Europe, which
trade in general tho very advantageous to themselves, as
well as the French and Dutch Settlements, yet is most
injurious and destructive to the British Sugar Colonys,
the manufactures of Great Britain, its revenue, and the
fair trader etc. By a computation I have made from
the Books of Customs of Antigua, about 10,000 hhds.
of rum appears to be annually made in that island,
containing one million of gallons or thereabouts, and
which at a moderate price may yield one year with
with another about I6d. per gall., or 66,6662. 135. 4<d.
But if the Northern trade of exporting from the French
AMERICA AND WEST INDIES. 301
1730.
and Dutch settlements melass (a commodity improv-
able and distilled into rum in the Northern Colonys)
be continued, it would unavoidably reduce the price
at least Jth or }th to I2d. or 13d. per gall., so
that there would be sunk in Antigua annually
16,666Z. 135. 4d. ; and a similar amount in Nevis,
St. Christophers and Montserat, who now are im-
proving much in distilling, and in Barbados, so long
and well setled and improved in distilling and all other
branches of Plantation affairs, 20,OOOZ. etc. So that
Barbados and the Leeward Islands will be injured in
the price of their rum, by this destructive trade at
least annually 53,333/. 6s. 8d. etc. The encouragement
the Northern traders receive by the sale of their
lumber, provisions, horses etc. to the French and
Dutch, which the improvement of their Plantations
want as much as ours do, enhances the prices thereof
in our Sugar Colonys at least | or , and as these
supplys are the most considerable incidents in the
annual expence of their plantations (negroes excepted),
without which they cannot be carried on etc., computes
loss to Barbados at 20,OOOZ. annually and to the
Leeward Islands 30,OOOZ. etc. At the same time the
French and Dutch Settlements vend their melass
which they would otherwise lose, for to still it into
rum is not worth their while. They expend but little
in their Colonys, and to send it into France would not
pay the freight, having their own brandys there. Nor
could Surinam as a Sugar Colony subsist without the
horses from New England, nor the French as a Sugar
Colony in their islands without New England lumber,
such as staves, hoops and beading especially, conse-
quently little sugar could be made among them, at
least not in the vast quantitys that at present glutt
the European marketts and render our own sugars
vendible only in Great Britain and Ireland, and from
the supplys they have from Ireland directly of beef
and other provisions they chiefly support themselves
in Martenica and Guadaloupe, without which 'twould
be impossible to subsist the vast numbers they are
now encreased to and daily increasing whence must be
apprehended the imminent unavoidable and fatal
loss of these islands in case of a warr etc. If they got
such supplies from anywhere else, their sugar making
and subsisting would be too expensive to allow their
underselling the English at the European marketts
etc., and thus London would become the sugar mart
of Europe, an advantage the value of which cannot
but be thought immence, even to Great Britain as
302 COLONIAL PAPERS.
1730.
well as to the Sugar Colonys, and from wants of such
supplys of provisions in the French Islands, their
numbers of men of lowest degree (that nursery of
pirates and privateers) must disperse to Canada or
elsewhere, where provisions may be had for them,
and thus remove in a great measure the irresistible
power the Sugar Leeward Islands (most especially)
are on the first breaking out of a new warr with France,
exposed to. The evils attending this pernicious trade
do not rest and fall on the Sugar Colonys only, but
even touch sencibly the trade and manufactures as
well as the revenue of Great Britain etc. [for] all manner
of European goods are extreemly cheap in the French
and Dutch settlements, etc., and as the officers of the
Customs are stationed at considerable distances on
the main of America, it is impracticable to prevent the
clandestine importation thereof pernicious to Great
Britain and its revenue, and manifestly tending to the
discouragemt. of the trade and manufactures of that
Kingdom especially seeing that any person permitted
to trade in the French and Dutch settlements are
allowed to buy and ship off what European goods and
manufactures they please. This supply of European
commoditys to the Northern Plantations from the
French and Dutch is in return for the lumber and
horses they are thus permitted to carry to Surinam
and the French Islands, and would fail them, and force
them to take these supplys from Great Britain, if their
trade thither was wholy restrained, and for this
purpose, allmost the same shipping would be
cmploy'd etc. (iv) I come now to consider the
fatal consequences the Irish supplys to the French
Sugar Settlements by way of France and directly
from Ireland are of to the British Sugar Colonys.
Results similar to those arising from supplies from
Northern Colonies etc. Continues : But another
great evil is the weakning the Kingdom from
whence the very trade itself proceeds. This already
has been made pretty clearly appear from the numbers,
and many familys that have been already obliged to
desert that Kingdom, where that trade has thrust all
industry and husbandry out of doors, such as plowing,
sowing, reaping, thrashing etc., and reduced the
poorer sort to perishing, for want of bread, insomuch
that even the Protestants, and many of them gray-
headed in their old age, have been obliged to abandon
their native country, from whence it can be no idle
conjecture, to conclude that that Kingdom must be
very much depopulated, and may be rendred in case
AMERICA AND WEST INDIES. 303
1730.
of any foreign invasion or unnatural rupture in Great
Britain, very defenceless, if not timely prevented by
encouraging such as remain, to follow their wonted
husbandry etc. Remedies proposed. (i) That the
export of horses, lumber and provisions from the
Northern Colonys, to the Dutch and French Settle-
ments, as well as the importation of melass and rum
from thence into the said Colonys, be absolutely
prohibited, for that the very small or rather pretended
advantages our navigation reaps therefrom, is so very
inconsiderable, that it does not counterbalance sVth
part of the loss sustained by sinking the dutys on the
European goods in Great Britain and the injurys the
British Sugar Islands thereby suffer etc. (ii) As there
is no law that prohibits the importation of commoditys
of the product of foreign settlements into our northern
and southern colonys (when in free bottoms), or which
subjects them to the payment of any duty, therefore
as the product of the British sugar colonys pay both
the 4^ p.c. duty, and the enumerated duty, I humbly
conceive that dutys at least equivalent to those of our
own, ought to be imposed on the product of the French
and Dutch Settlements when imported into our British
Colonys in America, then trade would be upon a more
equal footing in those parts etc., but still the importa-
tion of foreign melasses and rum ought to be intirely
prohibited, and as the trade of exporting from the
French and Dutch Settlements, commoditys of their
product to our Northern Colonys is most discourageing
and pernicious, to the British Sugar Islands in general,
nothing can so effectually prevent the continuance of
the bad effects thereof to those islands, as the imposing
high dutys on such foreign product when carried into
our Northern Colonys, and small dutys, if imported
into our Southern, since our own produce pay two
considerable dutys vizt. the 4| p.c. duty when shipd
to Great Britain, and both the 4 p.c. and
enumerated dutys when shipd to our Northern
Settlements in America. I apprehend an objection
may naturally arise to prohibiting melass etc., that
it will put the French and Dutch Colonys under
the necessity of improving it themselves etc. But
Nants and Provencal brandy is so very cheap in
the French and Dutch colonys, and withall esteemed
a better spirit, that it is not worth their pains and
expence to improve their melass into rum etc. Besides,
the policy and wisdom of the French Government will
never allow any of the produce of its colonys to interfere
with the mother-kingdom, and as distilling of brandys
304 COLONIAL PAPERS.
1730.
employs a vast number of hands, and is a considerable
article of the produce of France, it cannot be feared
that the improvement of their melasses will at all hurt
us, and either a prohibition, or a high duty on foreign
rum, in the British Dominions and Colonys, will
effectually suppress any ill effects, that can attend
either the French, or Dutch, attempting to improve
melasses into rum. As I apprehend that proposing a
prohibition in generall on the importation of the pro-
duct of foreign settlements (tho' of the same kind with
our own) either in the Northern or Southern Colonys
in America might probably be lookt upon as destructive
to trade, navigation and the revenue, (tho' it was not
so at the making of the Treaty of 1686) I therefore
would propose the continuance of the importation of
such species, on payment of certain dutys, rather than
a total prohibition of them, if that most valuable
advantage to the Sugar Colonys, of a total prohibition
cannot be obtained. Submits a scheme of proposed
dutys on imports from foreign settlements into the Sugar
and Northern Colonies, equivalent to the 4^ p.c. and
enumerated duties on the produce of British colonies.
Continues : I will not pretend that Jamaica will be
equally benefitted with Barbadoes and the Leeward
Islands, because the nature of its soil produces more
and better sugar, and less melass and rum etc., but the
expence of lumber and provisions annually consumed
in that island will come cheaper etc. It may be ask'd,
why the product of foreign settlements should pay
higher dutys in the Northern, than in the Southern
Colonys etc. Such commoditys when imported into
the Southern Colonys, are generally (except melass
and rum) reshipt from thence to Great Britain, but
when imported into the Northern Colonys, they are
consumed by the inhabitants there, or ship'd to foreign
marketts. In the first of which cases the British dutys
come to be answered and paid and the Navigation at
the same time greatly assisted and encouraged. But
in the latter those dutys are intirely lost, and the
Navigation of Great Britain likewise very much
discouraged and impair'd. (iii) Lastly, to compleat
the recovery of the British Sugar Colonys from their
present languishing condition, as well as to provide in
some measure for the safety of our Leeward Islands,
by discouraging the vast increase of inhabitants, in
Martenica and Guardaloupe, of which a judgment
may be formed from their overflowing into the English,
or neutral islands of Sta. Lucia and Dominica, on the
first of which are not fewer than 400 men, and on the
AMERICA AND WEST INDIES. 305
1730.
latter 300, all within four or five years, gone thither
to settle, all well armed, and all French, not a mixt
rabble of vagabonds, but mostly with their familys,
and tho' these extendings of the French are hid, under
the pretext of their having no Governours, or setled
Government there, is it hard to conceive how easily
and how suddenly officers may be commissioned, and
sent to command them, and make good their present
possessions, of these islands ? I apprehend etc. there
will appear an absolute necessity to propose that
the exportation of beef and other provisions from
Ireland to France and the French Colonys be intirely
prohibited, a matter of the greatest importance and
consequence to the British Sugar Colonys in general,
as well as to Great Britain and its manufactures in
particular etc. Without our constant supply of
provisions, the French settlements could not subsist
etc., and our Sugar Colonys must thereupon flourish,
and be encouraged to make and sell their product
better, and cheaper, than either of our now powerfull
rivals the French or Dutch could, and in a few years
be capable of producing not only vastly more annual
species, but allso consume considerable quantitys
more of British manufactures, than they have ever
yet done, besides which the trade to Affrica in a great
measure depending on the prosperity of our Sugar
Colonys, will be hereby considerably augmented, and
our Sugar Islands better slav'd, none of which
(Barbadoes excepted) being yet much above half
supplyed with negros, the manufactures and revenue
of Great Britain and its Colonys will be improved and
encreased. To which advantages may be added, that
in a few years it is more than probable, that our French
neighbours would be obliged to abandon their Wind-
ward settlements, and Great Britain consequently
become allmost sole master of the sugar trade, without
any expensive expeditions gain such a vast branch
of rich commerce. But it may be objected, that if the
French should be obliged to desert their Windward
settlements, on accot. of the decay of their product
there, they will remove to Hispaniola, a much larger
island, part of which being already setled by them, they
will become still more considerable and formidable, in
that island, than they were in their Windward settle-
ments. To which I answer, that it is not possible
for any of the Sugar Settlements in America to be
improved and carried on effectually without the
assistance of Irish provisions, as well as lumber from
our Northern Colonys, which being once prohibited
C.P.XXXVJI-20
306 COLONIAL PAPERS.
1730.
to be carry'd to the French settlements, will effectually
prevent their ever being considerable even at
Hispaniola. It's true at present there are vast
numbers of wild cattle in that large island which may
be thought sufficient to supply the want of provisions
from other parts. But it is found by experience that
the present advantages thereof, will not continue or
be sufficient, especially if their settlements be enlarged
etc., the wild cattle will be reduced partly by slaughter
and partly by labour, and after a few years 'tis very
probable that island would be as Jamaica and
Barbadoes, as well as our Leeward Islands are, under
the necessity of having constant annual supplys of
Irish provision, without which none of them can
subsist, neither indeed can they without the great
supplys of lumber from the northward etc. Both our
and the French settlements were in their infancy
over-run, and spread with wild cattle. But soon after
they became setled the superabundance thereof
decreased, and now they are such chargable articles
in the incidents of our Plantation charges that one
yoke of working cattle is worth from 301. to 40/. in
Barbadoes, and the Leeward Islands, to which may be
added that slaughtering of cattle in the West Indies
is impracticable, so as to save or preserve them, it
being found that they will not keep, but taint and
decay very suddenly, besides there would be a necessity
of thinning that island of these wild cattle, that proper
quantitys of land, might be set apart for cultivation
by the hoe, and planting of canes etc., and that they
should ever prove formidable or powerfull against us
cannot be reasonably supposed, if we do but deny
them our own supplys of Irish and Northern provisions
etc. Continues : None can well pretend to be hurt
by this prohibition, but the Irish grazier, and French
sugar planter, or perhaps, our Northern trader. And
can the Irish grazier expect to be cherished at the
expence of dispeopling his nation, banishing and
ruining numbers of familys of husbandmen there, or
can he or the northern trade reasonably expect to be
permitted to enjoy any branch of trade advantageous
to themselves only and the foreign settlements, but most
destructive and ruinous to the British Sugar Colonys,
as well as most injurious to Great Britain. Surely
no. Suggests that the Government might make an
allowance for the Irish graziers until the great wilds
of pasture can be improved by the plough etc., whilst
the Northern Colonies should be encouraged to produce
Naval Stores etc., with the usual arguments in favour
AMERICA AND WEST INDIES. 307
1730.
of that policy. Computes the profits of the Northern
.Colonies in supplying lumber to the Dutch and French
at not more than 2000Z. current per annum, as against
the 100,OOOZ. damage done annually to the English
Colonies. This and the employment of shipping for this
purpose need not be lost, if they will further pursue with
these commodities the Portugal, Spanish and Italian
trades. Continues : I own they lose by not importing
the melass they get so cheap among foreigners, but
that trade is so contraband, or ought so to be, that I
need urge no more on it etc. Proposes, as a further
help to the Sugar Colonys, that they may be
allowed to transport their improved clayed sugars
directly to the Streights etc. By this means we might
dispose of large quantitys in Spain, at Leghorn and
other parts of Italy etc., and to Turkey, which would
help to pay the ballance of the currans, raisons and
other fruits, we have from thence. Their new
improvement of trade, prejudicial to none except only
to the French Sugar Colonys, would enable us to
enlarge our sugar plantations, and not only to vye
with the French in foreign marketts, but in time to
undersell and exclude them, as wee formerly did the
Portuguese in their produce from Brazil, the like
indulgence being granted by the French King some
years past to his subjects etc. Likewise the Northern
Colonys may be permitted to carry naval stores and
lumber into the Mediterranean, but obliged to return
to the respective ports they belong to, by way of Great
Britain under proper clearances etc.
Refers to Mr. Gee's similar proposal in his treatise On the
Trade and Navigation of Great Britain etc. Endorsed as covering
letter. 8| closely written pp. [C.O. 152, 19. ff. 158, 159, 159x;.,
163-167, 168w.]
Oct. 6. 469. Mr. Leheup to Mr. Popple. Mr. Walpole has received
certain advices from Barbadoes that Thomas Maycock, one of
the Council, is dead etc. Requests that John Ashley, Depty.
Audr., may be recommended to succeed him, " agreable to
the Minute entered in his behalf." Signed, Peter Leheup.
Endorsed, Reed., Read 6th Oct., 1730. 1 p. [C.O. 28, 21.
ff. 78, 790.]
Oct. 6. 470. Mr. Popple to Mr. Walpole. Encloses copy of Govr.
Whitehall. Worsley's letter, " wherein he makes some objections to the
appointment of Mr. Ashley, of the Council of Barbados ; if you
think, his objections are of no weight, my Lords intend to
propose Mr. Ashley according to their former resolution ; You
will therefore please to favour me with your answer " etc.
[C.O. 29, 15. p. 211.]
308
COLONIAL PAPERS.
1730.
Oct. 6.
Oct. 6.
Boston.
Oct. 7
ten o'clock
Wednesday
morning.
471. Mr. Fane to the Council of Trade and Plantations.
In obedience to commands of 4th June (q.v.), has considered
an act of S. Carolina for the better settleing of the Courts of Justice,
1726, part of which act which alters the first process in civil
actions from a summons to a capias the merchts. represent to
be lyable to many inconveniences both with regard to the method
of proceeding and the expence of it. For they say by reason
of the frequent absence of the inhabitants in their trade with
the Indians and the distance they live from Charles Town, it
will be almost impossible to bring a defendant into Court but
by leaving a summons at the place of his abode. And they say
the expence upon this alteration from a summons to a capias
will be greatly encreased etc. In our law process a summons
is always supposed to be made in the first instance and therefore
I can have no objection to the instituting in this case the
summons instead of the capias supposing it is the least expensive
way of proceeding and the most speedy to obtain justice. But
I must submit it to your Lordships' consideration in what
manner this can be altered, for this is a clause in an act, the
other parts of which the merchants very much approve off,
and therefore are unwilling to have it repealed. Whether your
Lordships would think it of that consequence to recommend it
to the Governor to endeavour to get it amended by a subsequent
act. Signed, Fran. Fane. Endorsed, Reed. 4th Nov. 1730,
Read 24th March, 173. l pp. [C.O. 5, 362. ff. 13, 130.,
472. Col. Dunbar to Mr. Popple. Since my last of the 15th
of September such very extraordinary proceedings have happend
here that I thought there was an absolute necessity to send
home the bearer my brother etc. to represent matters to my
Lords Commissioners etc. with copys of all my letters etc. I am
very uneasy until I hear ye issue of the armed force sent by
this Governmt. to break up the settlement at Fredericksfort,
that place can defend itselfe against a thousand men without
cannon, and if any violence be offered to the people, I dread
the consequences. I told Governour Belcher soe, but his pro-
ceedings were so private that I knew nothing of it until the
vessel and men in armes were sent away etc. P.S. Encloses
" votes of the General Court to shew their continued opposition
to the King's instruction for fixing a sallary on the Governour."
Endorsed, Reed. 8th, Read 10th Nov., 1730. Holograph. If
pp. [C.O. 5, 871. ff. 222, 222u., 232v.]
473. Same to Jeremiah Dunbar. Just now Captain
Woodside who commands ye Fort on Saco River came to me,
and told me he came directly from the Leiutenant Governour,
who ordered him to repair to his post, for that he and the 4
Boston Members were ordered as a Committee to go in the
AMERICA AND WEST INDIES. 309
1730.
Province sloop to take a view of the fortifications ; that the
Province sloop was fitting out for them and 5 guns put on board ;
the Leit. Governour said in Capt. Woodsides hearing, that they
were goeing to take possession of their own Governmt. againe,
and that as he came from St. Georges he wd. call in at Pemaquid ;
One of those who are named to go in the sloop (for they are all
chosen) told Woodsides that this view of ye Fortifications is
onely a pretence to take Fredericksfort, and to use the people
ill ; What can I do in this case ? when I am commanded by
my Lords Commrs. for Trade to avoyd any dispute with
these people ; their Lordships say nothing of any part of that
country being under this Governmt., and ye disputes relate
onely to the private property of ye lands, wch. was not deter-
mined by H.M. ; if I was settled at Penobscot or beyond it, I
am ordered upon any occasion to apply to Governour Philips,
as being under his Governmt., and so is all the lands as far as
Kennebeck, as I was instructed at the Board of Trade, notwith-
standing wch. Mr. Belcher and this people claim all as far as
St. Croix. In this case I know not what to doe, I have noe
power or comission to make resistance, and these people know
my orders not to have any dispute wth. them, which they
impudently construe to be from the fears the Ministry have to
disoblige them ; I never had a stronger inclination in all my
life than to go imediately down to Fredericksfort, and if I doe
I must either be affronted or come to blows with a people who
are as ripe for rebellion as their ancestors in 41, if this does not
prove so I will submit to be hanged etc. Intends to consult the
King's Advocate and Attorney General etc. He only desires an
authority, without any assistance but the new settlers to defend
himself etc. Requests his brother to communicate this to the
Secretary of State and Lords of Trade to express an imediate
answer ; ships often arrive there in January. Concludes : C.
Woodsides tells me that the story about seizing ye scooner was
done on purpose to get a pretence of quarrelling, for yt. she was
ordered to bring away staves and timber cutt by the people of
Fredericksfort, and to quit the vessel if any one claiming the
staves should go on board etc. Signed, David Dunbar.
Endorsed, Reed, (from Mr. Jer. Dunbar), Read llth Nov., 1730.
2 i PP- l c >0- 5 > 871 - ff- 224-225U. ; and 217, 38. No. 26.]
Oct. 7. 474. Governor Belcher to the Council of Trade and Planta-
Boston. tions. Refers to letter of 24th Aug. Continues : Since which
I have been at New Hampshire and publisht H.M. Commission
there, and convened the General Assembly, who in about 10
days went thro' such affairs as were most necessary for H.M.
service and the good of that Province. They have more especially
settled a salary on me, pursuant to H.M. Instruction, and in a
much handsomer and more dutyfull manner then they did it on
my predecessor. I have order'd the Clerk of the Council to
310
COLONIAL PAPERS.
1730.
Oct. 7.
Oct. 7.
Whitehall.
Oct. 8.
Windsor
Castle.
transmit me the several Acts past at this short session, which I
shall cover to your Lordships pr. the next conveyance. Agre-
able to my last I met the General Assembly of this Province the
9th of last month from which time they are sitting to this day,
and have got thoro' the most material affairs that lay before them,
except their complyance with H.M. 27 Instruction for settling
a salary on me and my successors which I have prest on them
in the strongest terms, in support of H.M. honour and the better
to secure the dependance of this Province on the mother King-
dome and altho' it is a season of the year when their private
affairs call for their being at their several homes, yet I shall
keep them sitting till they give a conclusive answer to this grand
article and am glad to tell yr. Lordships that I have a prospect
of their making a dutyfull and reasonable return to the proposal
in the Instruction, altho' they should not come up to the full
terms of the close of it, yet nothing shall be wanting in me to
bring 'em as farr as possible, For I am resolved to discharge
myself with the greatest fidelity to H.M. in the most strict and
inviolable observance of my Commission and Instructions.
I believe this session may end in about 10 days when I shall do
myself the honour to transmit to yr. Lordships every thing that
may relate to it ; I now remain with great esteem and respect
etc. Signed, J. Belcher. Endorsed, Reed., Read llth Nov.,
1730. 11 pp. [CO. 5, 871. ff. 226, 226i\, 227v.]
475. Memorial of loss sustained by James Mills, late
Carpenter of the ship Dolphin, bound from Barbados to London,
and captured off Barbados by a Spanish privateer, 10th June,
1728. Signed and sworn by, James Mills. Endorsed, Reed.
26th Oct., 1730. If pp. Enclosed,
475. i. Account of loss referred to in preceding. 1 p. [C.O.
388, 92. Nos. 3, 3.i.]
476. Mr. Popple to Mr. Hintze. Reply to Sept. I4>th. The
120J. was an allowance for 4 months, in which time it was always
expected the service might have been finished etc. Continues :
As their Lordships have not hitherto received any satisfactory
account of your proceeding in this matter, they can by no
means think of recommending you to the Treasury for any
further allowance, until it shall appear to them by authentick
certyficates from the Governor of Nova Scotia that considerable
numbers of foreign Protestants have been induced by you to
land and settle there. [C:O. 218, 2. pp. 219, 220.]
477. Mr. Delafaye to Mr. Popple. Calls attention to the
defenceless condition of Jamaica, which Governor Hunter
imputes in great measure to the number of Irish papists residing
there. Suggests that, " in addition to the measures which by
H.M. great goodness to that Colony, are now taking for their
AMERICA AND WEST INDIES.
311
1730.
Oct. 8.
Whitehall.
Oct. 8.
Portmo.
N. England.
security," the Act to prevent dangers that may arise from disguised
as well as declared Papists may now be passed etc. Signed
Ch. Delafaye. Endorsed, Reed. 9th, Read 13th Oct., 1730.
If pp. [C.O. 137, 18. ff. 108, I08v., 109t;.]
478. Council of Trade and Plantations to the Duke of
Newcastle. Since our last letter (Sept. 29th) etc., Our Secretary
has received a paper from a correspondent which probably
contains a more perfect and judicious account of the present
disorders in Jamaica, than may yet have come to your Grace's
hands. In the mean time we cannot help expressing our satis-
faction at the resolution we understand H.M. has taken of
sending two Regiments from Gibraltar to Jamaica, as they are
very much wanted there, we doubt not but your Grace will be
pleased to obtain H.M. speedy order for their dispatch thither.
[C.O. 138, 17. pp. 293, 294 ; and (with paper enclosed) 137, 47.
ff.56, 57-60.]
479. Lt. Governor Wentworth to the Council of Trade and
Plantations. Begins with duplicate of April 2nd. Continues :
Governor Belcher is arrived, and has been in this Province etc.,
and we have settled the sallery of 2001. sterling or 600Z. pr.
annum of this currancy during his administration, and don by
the same intrest that Govr. Burnets was. That gentleman
found that the laboureing here lay upon the Lieut. Governour,
that is the expensive part, for that the Governour resides in
Boston, and only comes once or twice a year, and stayes a week
or ten dayes some times more, receives his sallary, and then to
Boston, so that the burthen is verry heavey, on me that serves
for nothing. Now Govr. Burnet allowed me 200/. of this
currancy out of his 600/. to help me along for all the other
perqui[si]tes is a very small matter, it is very discoraging still
to spend upon my owne estate, which I have don for this thirteen
years past, that I have had the honour to serve the Crown as
Lt. Governour, and this I have don willingly and cherfully still
in hopes that something will be don for me, and that you*
Lordships will be pleased to recomend me so as that I may
not allways feed upon my selfe untill I have consumed my little
substance. We have had some considerable spoyle made on
the fine trees since Collo. Dunbar's officers came to the country,
but I can't impute that to any neglect of thers, I think they
have been very dilligent etc., but charge it on some vile fellows
that neither fear God nor honour the King, but sculk into the
woods and there cutt and destroy for two or three dayes and
then draw of again. There have been some of the vile fellows
taken and have and are suffering the penalties of the law etc.
Will do everything to help Col. Dunbar etc. Signed, Jno. Went-
worth. Endorsed, Reed. 14th Dec., 1730, Read 10th Feb.,
173. Holograph. If pp. [C.O. 5, 872. ff. 14, 14i>., I5v.]
312
COLONIAL PAPERS.
1730.
Oct. 11.
N. Provi-
dence.
480. Governor Rogers to Charles Delafaye. Acknowledges
" kind and friendly letter " of 20th Dec., which he answered
by the same conveyance. Continues : Mr. Bonnet (v. 3rd
Sept.) has been gone about three weeks on his third trip to
Hispaniola and will stop at some part of Cuba as they return
etc. I have done him all the service in my power etc. ; he has
been at my table as one of my family these eight mo. etc. I
am extreamly concerned that I have been obliged to stay so
long before I could send the Acts of Assembly and other papers
which now go to His Grace etc. Others will be added with the
duplicate of his letter by next conveyance etc. Begs him to
read his tedious letter to the Duke of Newcastle etc. Entreats
his good offices if needful, " since I doubt some clamour is, or
will be raised at home, by what I have heard lately from Carolina.
Mr. Phenny carried his spouse with him hence, and did not part
with me on such good terms as he ought in honour, for by his
own intreaties and earnest request I undertook to keep his
wife on the island that she should not follow him to Great
Britain, where he had (as he assured me and I was well informed
from severall others) sufficient evidence to prove all that is
expected at Doctors Commons for a divorse " etc. Continues : -
This I came into, beleiving it became a man of honour to serve
an abused man etc., and for some time he held his integrity etc.,
but he could not hold it and relented too soon etc., and they
are gone from Carolina to London, where I doubt not she will
be as noisy and troublesome as she can and he will underhand
sett her on, as he has too frequently etc. Mr. Eden, Sir Charles
Wager's Secretary, is my Agent and I have sent him some few
examples of Mr k Phenny and his spouse's conduct here, scarce
to be equal'd elsewhere etc. This comes by Capt. Bankes who
brought me hither etc. Has desired him to wait upon Mr.
Delafaye etc. Concludes : I beg you'll be pleased to make
my duty acceptable to my Lord Townshend and humble service
to his Excellency Horatio Walpole to whom I can't write till
next conveyance to own their great favours etc. Postscript, in
his own hand, to duplicate. Sr. The above I hope has been de-
livered to you. This comes as far as So. Carolina by Mr. Bonnet
who is to forward it thence and whether he will not soon follow
to do some businesse for me in England I han't yet determin'd.
A ship will sayle directly from this place for London in about
ten days by whome I shall write you very particularly. I beg
you'l pardon this hasty scrawle and allow me to be always Sir
Yr. most humble most oblig'd and obedt. servt., Signed,
Woodes Rogers. 3| pp. Enclosed,
480. i. Minutes of Council of the Bahama I, 25th Aug.,
1729 15th June, 1730. 26 pp. [C.O. 23, 14. ff.
118-130*;., 135-136*;. ; and (duplicate dated Oct. 12) 23,
14. ff. 143-144.]
AMERICA AND WEST INDIES.
313
1730.
Oct. 11. 481 . Governor Rogers to the Duke of Newcastle. Duplicate
New of following letter to Council of Trade. Signed, Woodes Rogers.
Endorsed, Rd. Feb. 18. 5| pp. Enclosed,
481. i. Duplicate of following enclosure i. 2f pp. [C.O.
23, 14. ff. 137-139i;., 140i;.-142.]
Providence.
Oct. [11. J
New
Providence.
482. Governor Rogers to the Council of Trade and
Plantations. Acknowledges letter of 24th Oct. Continues :
I am under much concern that the Acts of Assembly could not
be forwarded till now, having been disappointed of two ships
successively, which I depended would have sailed for England
several months ago etc., and I could not think it safe to forward
them via North America knowing miscarriages frequently has
attended letters that way etc. This is the first opportunity
directly for Great Britain since 15th Nov. And as there is
nothing enacted for my private interest nor I hope contrary
to the laws of England, having taken such precedents as we
could find from Jamaica, Barbadoes, and other American
Colonies as near as the circumstances of this Government would
admitt of. I hope the delay will not offend your Lordships,
nor have any ill consequences. I depend we shall have con-
veyances more frequent for the future etc. Will send duplicates
by a vessel sailing in a months time. Repeats titles of acts
passed (v. C.S.P. 12th Nov. 1729). Continues : I found the
place so very poor and thin of inhabitants that I never mentioned
any salary to them for myself or any one else and the fees
annext to all offices and places here being the lowest of any
part in America no one can support himself thereon without
some other employment. All the money that was raised for
the first six months amounted to no more than PS. 8/8 418. 1.
and this year will be expired in January next when I am afraid
all we shall raise will not exceed Ps. 8/8 1000., little or none of
which shall be issued out of the Treasurer's hands till the
Assembly meets, because I hope to prevail on them that almost
the whole money be applied towards the fortifications which are
in great want of it. Your Lordships will perceive by the
enclosed remarks in what a wretched condition I found the fort,
and the absolute necessity there was for my being at that great
expence I have been at to provide a barrack for shelter and
conveniencies for the garrison to preserve the people in health
and keep arms and stores dry, and by the acct. transmitted to
England I expected to have found the fort in a quite different
posture, which made the Assembly when they considered the
mean condition of the fortifications desire to have Mr. Phenney
called to account how he had disposed of the money which had
been raised for the publick service, and by what authority he had
levyed the same knowing by what appeared that there could
be very little of it expended for the service of the garrison and
they applied to me for my consent that he should be obliged
314 COLONIAL PAPERS.
1730.
to reimburse here what was illegally raised and received by him
of the publick money whilst he was Governor, which I would
not consent to but then they insisted I should take security
from him for 1200/. sterling, the sum that he had received, until
H.M. pleasure be farther known, which I consented to, and hope
it will be transmitted me from your Lordships Board, and if
anything is represented to my prejudice, I beg leave for time
to reply before any impression can be made to my disadvantage
which from what I have been informed since Capt. Phenney
and spouse left Carolina I may expect will be attempted, tho'
I have acted here as much in his favour as I could without being
censured for partiality, and I shall not trouble your Lordships
any farther on this head unless I am obliged to explain myself
to shew how I have behaved towards him as becomes a man of
honour and an honest man. Your Lordships' queries came to
my hands by way of Carolina in August when I was not in a
condition to answer them, and having but just recovered out
of that illness and this vessel on sailing I intreat you'l be pleased
to excuse my not doing it till the next conveyance. As yet we
have made little progress in new improvements but since the
act passed to encourage the raising of cotton, more has been
planted this year than was for some years past and more and
larger vessels are building than has been this ten years at once
there being now seven on the stocks and three more will be soon
set up, having the best timber for building in any part of
America and hope it will be a great encouragement to the
settlement. We have since I arrived in the island two plantations
began raising canes for sugar works and one rum work. Planting
indigo would soon answer very well, but none yet follows it.
One of the best employmts. the inhabitants have had of late
is sawing mahogony and Madera plank to ship for Europe.
Salt may be raked in March, April and May enough to supply
our American Fisheries and all our Northern Colonies had we
sufficient inhabitants that would employ slaves and be
industrious themselves. The people here promised me to go
in a body of about 200 men including slaves the last salt season,
but very few of them proceeded, tho' I was at the charge of
providing a new snow of six carriage and swivel guns for a
guard ship to lye there, and did send one fitted to protect those
who went to Exuma our chief salt pond, to prevent the
Spaniards surprising them as they often had done yet there was
but few went and not above 18,000 bushels of salt was got in
the whole when they might have raked ten times as much. The
people of these islands have been so long accustom'd to neglect
the salt seasons, that I am afraid I shan't get half so many as
are able to go the next season and except they are stirred up
little or nothing will be done but raising a small stock of pro-
visions and waiting till they are almost naked in expectation of
wrecks, they were poor and backward enough to labour the last
AMERICA AND WEST INDIES. 315
1730.
time I had this Government, but now much worse, tho' I hope
the new inhabitants will shew them examples of industry. We
are increased since I arrived 50 men, 65 women, 46 children and
55 negroes, and had our lands proved so fit for sugar works as
it is believed from the reports of the old inhabitants, we should
have people from St. Christophers and other places enough to
fill the island, and I am sorry to acquaint your Lordships that
the land on this island is good but in few places and mostly in little
patches and more rocky in the middle of the country and
generally worse for planting than that which appears at the
water side, which has deceived me in the accounts I credited
formerly of what I could not see till now. We have search'd
to find land for inhabitants who wanted to come from St.
Christophers to make large sugar works here, and they could
not find sufficient quantities at any one place. But Cat Island
all people in general agree is much the best of the Bahama
Islands having large valleys of fine land and plenty of water,
yet till I have seen it I shall not report from the hearsay of any
in these parts, tho' the people who have been here from St.
Christophers and who have viewed Cat Island assure me that
they and many families who have 110 land would immediately
come from St. Christophers to settle Cat Island with negroes
sufficient to set up a sugar works and entreat me to begin a
settlement, which I cannot encourage without Instructions, it
requiring fortifications to be made there which wou'd very much
hinder this place and I apprehend will not be attempted before
we are well settled here. There will be a great many people
going from Bermuda, St. Christophers, Barbadoes and the
Virgin Islands and since they do move thence I believe there
is no part where they can be of more service to our country than
amongst these islands were they industrious people, and if those
islands will be lessend in the numbers of inhabitants 'tis better
they should come to an English Colony than go to the French
and Dutch as some have already and more will if no encourage-
ment can be given them here or at Carolina and Pennsylvania
where many familys have gone already and more are going from
Bermuda and the Carribee Islands especially from Bermuda
which is so full of people and has so little land that they can't
be supported there. The militia were almost in as bad a
condition as the garrison having very few small arms ready that
were serviceable, but they are now filled up and tollerably pro-
vided for service and I have supplyed them out of the King's
stores with what amunition and little necessarys they wanted
to keep by them to make the militia as usefull as possible. They
are as before divided into three companys and now about
seventy men one company with another fit to bear arms when
they are all at home, but we have seldom above 150 on the
island at one time besides the garrison and commonly less,
sometimes we cant get together above 100 white men of the
SI 6 COLONIAL PAPERS.
1730.
inhabitants to bear arms, being continually coming and going
in small boats and vessels belonging to the island and are all
obliged to come to, and go from the harbour and clear at the
fort every trip, tho' the inhabitants are spread from east to
west almost the length of the whole island on the north side
for 24 miles and upwards. We have now but 26 guns mounted
in Fort Nassau which are as many as need be till the ramparts
are in a better condition to support them. I brought 32 new
carriages from home for present service, but as Europe timber
will not last, I prevail'd with the Office of Ordnance to allow
me as much iron work and other stores as would make new
ones here of this country timber and to contribute towards the
plattforms and storehouses or whatever buildings should be
found necessary for the publick service expecting the iron work
of the large carriages my predecessor brought out of England
with him would lye here ready for me but I was surprized at
the disappointment, and depend your Lordships will think it
justice for him to allow me a hundred pounds as he has towards
making new carriages and putting the fortifications in repair,
since he has sold this iron to that value, and left no carriages
fit for service and the place in a worse state of defence than it
was above eight years agoe. I hope to have 50 guns mounted
by the spring of the year and were the inhabitants able I would
begin a work on the top of the hill to defend that which com-
mands the fort, but I have neither strength to do it nor money
to support the charge and hearing it is and will be a Peace I
shall wait till we are more capable to go thro' with it, tho' I
hope about 800 or 1000/. would go a great way in doing what
would very much strengthen the place as we have guns and
ammunition and other stores sufficient by us and the inhabitants
will do all they can towards it and as soon as the Assembly meets
which will be in about a month or six weeks we will make the
best estimate we can of the expence that is absolutely necessary
for the whole fortifications and what part the country can and
will contribute themselves, and by your Lordships' patronage
that we may render the harbour of such service as the scituation
is capable of, tho'- this island cannot be so much of it converted
to sugar works as it was expected, yet the scituation and conse-
quence of a settlement here if it can be supported in a warr
with our neighbours will be of great consequence and in a peace
would be a receptacle for pirates was it quitted, and if any other
Power should possess it, they could annoy and distress our
trade to America as much as we may that of our neighbours in
the Gulph of Florida, Windward Passage Coast of Cuba Bay
of Mexico and all the valuable parts on this side of Spanish
America, all I need say more on this head will be but repetitions
of what has often and long been represented by the principal
merchants of London and all parts of Great Britain etc. The
Independant Company from Bermuda was very short of their
AMERICA AND WEST INDIES. 317
1730.
complement and mostly old men, so that it will be a great charge
to recruit them and they are not at present of such use as I
expected but hope soon to fill up the Company and make them
more serviceable. My own Company is as compleat as any in
America tho' I have had the misfortune to lose 23 men this
last year or should [have] had enough recruits ready for the
Bermuda Company. We are in great want of a Chaplain to
the Independant Company and hoped we should have had the
Rev. Mr. Dyson who the Secretary at Warr was pleased to allow
to supply us till a Chaplain was appointed for us, he belong'd
to the Independant Company under Captn. Massey at Port
Royal in South Carolina where there is a good Church and
Pastor that they would not have been disappointed whilst he
was here, but his temporal affairs has taken up his time so much
that I have had nothing but letters and promises so long that
I now dispair of his company and intreat your Lordships' good
offices that we may have one appointed and I hope for a worthy
good man who with the pay of the Company and what the
Colony would give him may have above 200Z. sterl. a year
immediately and is sufficient for him to live here handsomely
and depend it will be soon much more. We are forced to have
Divine Service read in our Church every Sunday by an Officer
of the Garrison which is not so regular nor well liked by strangers
and is some discouragement to new inhabitants and the whole
Colony have requested me to get an orthodox Divine as soon
as possible. Your Lordships must have seen maps of these
islands done by different hands with descriptions of this harbour
and fortifications which for want of time and expences or ability
in the persons that attempted to do it where but unfinished
sketches not to be depended on tho they served to give some
light which was wanting till more exact ones could be procured.
And Capt. Gascoign in H.M.S. the Alborough with H.M.S. the
Happy both under his directions are employ'd to survey as
many as are needfull of the Bahama Islands, with the Bahama
Passage, Coast of Cuba, Gulph of Florida, Windward Passage
and places adjacent, as he has already Port Royal in Carolina
with the Harbour of Charles Town and good part of the coast,
as far as St. Augustine and he has likewise surveyed that
Harbour with some places next adjacent and having so much
time and assistance to do it etc. he can perform with more
exactness than any one else etc. Before he returned from hence
in February last to Carolina he informed me he had finish'd his
rough copy and remarks and would soon after send thence
finisht drafts of all he had done in these parts to the Lords of
the Admiralty and that I should have a copy on his coming
next to me which I believe will be some time before Christmas,
and if any more can be added to what he does it shall be
attempted in the best manner we can etc,, etc. Signed, Woodes
318
COLONIAL PAPERS.
1730.
Oct. II.
Ix>ndon.
Oct. 12.
Windsor
Castle.
Rogers. Endorsed, Reed, llth Jan., Read 4th June, 178Y.
4 large, closely written pp. Dated by letter of Feb. 10, 1731,
q.v. Enclosed,
482. i. Remarks upon the condition of the fortifications at
New Providence, when Governor Rogers arrived,
25th Aug., 1729. Cf. preceding. Confirmed by, V.
Knight, gunner, Peter Bessick,
Endorsed, Reed, llth Jan., 173?.
2. ff. 236-239?;. (with abstract),
Howell, Lt. ; E.
serjant, John Mills.
If pp. [C.O. 23,
241, 2410., 2420.]
483. [ ] to A. Bernaert, merchant, Ostend. Anonymous
rumours about Spanish Fleet and the despatch of troops to
Jamaica, etc. Signed, Anonyme. French. 2 pp. [C.O. 137,
47. ff. 118, 118D.]
484. Duke of Newcastle to Governor Hunter. As you will
have had from Mr. Delafayc an account of your former letters
being received, I have not troubled you with particular acknow-
ledgements of them, having no commands to send you from
H.M. upon the contents of them ; But the last which I had
from you of the 4th of July, with the inclosed copy of what you
wrote, at the same time to the Board of Trade, being laid before
the King, H.M. was extremely concerned to find by it the
defenceless condition of the Island under your Government.
His Majesty approves your care for the defence and security
of the Island, but considering the ill situation that you are in
at present, H.M. has been pleased to order the two Regiments
of Foot commanded by Brigr. Newton and Colonel Hayes,
which are now at Gibraltar, to be forthwith sent from thence,
which you are, upon their arrival, to take under your command,
and make the best provision you can for their reception and
subsistence at Jamaica, in the manner that has been formerly
practised on the like occasions ; the King cannot doubt but
his subjects of Jamaica will receive, in the manner they ought,
this instance of H.M. great goodness to them, and care for their
security and welfare, and that they will readily contribute
whatever may be necessary, on their part, over and above
the establisht pay, for the support and maintenance of those
troops, which H.M. has thought proper to send thither for their
protection and defence. The King hopes that this reinforce-
ment will enable you to provide for the peace and security of
the Island. I have laid before the King your Memorial for a
supply of Ordnance Stores for the service of Port Antonio, which
H.M. has referred to the Board of Ordnance, with directions to
apply to the Parliament, at their next meeting, for the necessary
sums to defray that expence, which if it be granted, the stores
will be sent you as soon as possible. Signed, Holies Newcastle.
Endorsed, Copy sent to M[?ajor] G[1eneral] Hunter, 9th Nov.
Draft. 21 pp. [C.O. 137, 53. ff. 270-271 ; and 137, 47. ff. 68-64*.]
AMERICA AND WEST INDIES.
319
1730.
Oct. 12.
Oct. 13.
Whitehall.
Oct. 15.
Whitehall.
Oct. 16.
485. Extract of a letter from Port Royal, Oct. 12, 1730.
The Tryall is arrived from the wreck, and has got good part of
the treasure, she sails, in a few days with a fresh supply of
divers, and Ct. Mitchell in the Experiment was left to guard the
wreck. Yesterday Ct. Mayne saild to relieve her, the spirit of
piracy is much revived here, severall sloops has been fitted out ;
and all think they have a right to plunder, some has met with
success and have run away, and I suppose designe to returne
to their former course of life. Wee have had strange doings
and much confusion but every thing now seems very easie. The
treasure is on board the Lyon, believe Lord Muskery will carry
it to Cadiz, if a Spanish man of warr from Carthagena, wch.
is expected does not prevent him, the amount whereof perhaps
may be about 70,000/. sterling, f p. [C.O. 137, 53. /. 272.]
486. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, act of Antigua (1730), to continue the act of Courts,
and two acts of Montserrat, (i) to repeal an act impowering
Justices to decide differences not exceeding 61. (1729) ; and for
raising a poll-tax and assessing the houses in Plymouth etc. (1730).
[C.O. 153, 15. pp. 57, 58.]
487. Mr. Popple to Mr. Fane. Encloses for his opinion
in point of law 6 Acts of Jamaica (i) for vesting 20 acres of land
in Lynches Island to the Crown ; (ii) an Act for the better amending
the highways, (iii) to oblige the inhabitants to provide themselves
with a sufficient number of white servants etc. (iv) for raising
several sums etc., (v) for the better suppressing rebellious and
runaway negroes, (vi) for the better regulating slaves etc. [C.O.
138, 17. pp. 295, 296.]
488. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Antigua, 1725, to enable William Gregson
of London, gent., to dispose of a plantation formerly belonging to
Roger Williams. Recites Act etc. The question arises whether
a fine and recovery levied and suffered here of lands in Antigua
will have any operation or effect so as to bar the entail and
remainder of lands created by deed there etc. Apprehends that
it will not ; otherwise, this act is entirely unnecessary, for it is
intended to supply the want of it. Continues : The method is very
common, but the manner of obtaining it most extraordinary and
unprecedented, for it is passed upon the application of a creditor
to a person who never had a title to this estate ; it is passed upon
the single application of Mr. Gregson who was a creditor of
Roger Williams who never had a title to the estate supposing
fines and recoveries do not extend to Antigua and without the
consent or knowledge of Thomas Vaughan the son of the testator
James Vaughan who is alive and tenant in tail in possession.
I apprehend there can be no instance shewn where any legis-
320
COLONIAL PAPERS.
1730.
Oct. 17.
Bristol.
Oct. 10.
Barbados.
Oct. 19.
Barbados.
lature ever interposed so far as to divest a tenant in tail and
barr his issue and the remr. over unless it had been upon his
own application or he had been privy or consenting to it, and
to give certain known assurances in the law operations and
effects which of themselves by law they would not have and to
supply defects in a conveyance without the consent of all
parties interested. This is in my apprehension so extraordinary
a stretch of power in the Legislature, for it is actually taking
upon themselves to convey away the estates of the planters to
whom they please, that it ought to meet with the utmost dis-
countenance from your Lordships. Another objection to this
act is that there is no clause of reservation of the rights of all
persons interested whose consent to the act did not appear.
This is a clause constantly incerted in all private acts. But it
is so much the contrary in this, that the right of all persons
claiming under the title of James Vaughan is expressly barred,
though they were none of them privy or consenting to it. Upon
the whole I am humbly of opinion that this act is not proper to
be passed into a law etc. Signed, Fran. Fane. Endorsed, Reed.
20th Oct., Read 10th Nov., 1730. 5 pp. [C.O. 152, 18. ff.
139-141, 142u.]
489. Certificate by Edward Foy, Mayor of Bristol, that
Capt. Charles Willis, Commander of the Benjamin galley, has
this day deposed that Timothy Salter, a Councillor of Barbados,
died on board, 25th July etc. Signed, Edw. Foy, Mayor.
Endorsed, Reed, (from Mr. Leheup) 28th Oct., Read 25th Nov.,
1730. Stamped. Sealed. p. [C.O. 28, 21. ff. 130, 131*;.]
490. Governor Worsley to the Council of Trade and
Plantations. The 30th of the last month, I received the honour
of your Lordships' letter of the 6th of November last, as also
H.M. new Scale etc. Returns former Seal. Continues : At the
same time I had the honour of receiving your Lordships' letter
of the 17th of April last, and am to give your Lordships my
most humble thanks for your great goodness in recommending
Thomas Maxwell Esqr. Haggatt's place in the Council. I have
already communicated to the Council that paragraph of your
Lordships' letter which relates to the Act for reducing interest
etc., and shall endeavour to get an explaining law past in order
to prevent for the future any disputes upon this subject etc.
Signed, Henry Worsley. Endorsed, Reed. 14th Dec., 1730,
Read 24th Aug., 1731. 2 pp. [C.O. 28, 22. ff. 75, 75v., 7Qv.]
491 . Same to Mr. Popple. On the 30th of the last month
I received your letter of the 9th of December and 17th March
last etc. Will reply to queries in former and observe instruction
as to whale fishery in latter etc. Signed and endorsed as pre-
ceding. | p. [C.O. 28, 22. ff. 77, 78i>.]
AMERICA AND WEST INDIES.
321
1730.
Oct. 19.
Oct. 21.
Whitehall.
Oct. 21.
Whitehall.
Oct. 21.
Whitehall.
492. Mr. Partridge to Mr. Popple. Secretary Popple,
herewith send thee my memorial to the Lords Commissioners for
Trade, praying they would please to report upon 4 of the New
Jersie laws in order for the Royal Assent, wch. I desire thou
wouldst please to lay before them wherein thou wilt oblige Thy
Friend. Signed, Richd. Partridge. Endorsed, Reed. 20th
Oct., 1730, Read 10th March, 17M'- Addressed. \rdp. Enclosed,
492. i. Same to the Council of Trade and Plantations.
- London. Oct. 8, 1730. Requests report upon four
of the Acts of New Jersey submitted 4th March, 1729.
q.v. Signed, Richd. Partridge. Addressed. If pp.
[C.O. 5, 972. ff. 198, 199, 199fl., 200z;.-201z;.]
493. Council of Trade and Plantations to the King. Recom-
mend Henry Harrison for Council of Virginia in place of Mr.
Beverley, deed. [C.O. 5, 1366. p. 54.]
494. Council of Trade and Plantations to the Duke of
Newcastle. Enclose extract of letter from Governor Hunter,
relating to the battery he proposes to erect on Lynch's Island
and his request for guns etc., for H.M. pleasure thereupon.
Conclude : Considering the present state of the Island we beg
leave to joyne with him in the same request, tho' we should
otherwise have been tender of proposing a further expence to
H.M., and for that reason did not sooner trouble your Grace
with any letter upon this subject. [C.O. 138, 17. pp. 296, 297 ;
and (with extract) 137, 47. ff. 65-660.]
495. Same to Governor Worsley. Acknowledge letter etc.
of 29th March, 23rd April, 7th July, and one dated in August
last etc. Continue : [We] are very glad to find, the island under
your Government in a state of tranquility in all respects, save
only in what regards the payment of ye King's tax ; as her
Majesty has already been pleased to signify her pleasure in this
particular by Her order in Council, it is not necessary that we
should add anything upon that subject. We have transmitted
to His Grace the Duke of Newcastle an extract of your letter
of 7th July in relation to the Governor of Porto Rico etc., and
we hope you will soon receive H.M. directions how to behave
on that occasion. We observe what you write concerning the
petition, praying that H.M. would prevent the importation of
any sugars from any of the French and Dutch Colonies into
Ireland, or the Northern Colonies, till those commodities shall
have paid a duty adequate to that which H.M. subjects in His
Sugar Colonies do pay in Britain, or that they may have the
same liberty as the French, of exporting their improved sugars
at a duty of one pr. cent, upon exportation directly to any one
of the Spanish ports in Europe, without first importing them
c,p. xxxvii 2;
322
COLONIAL PAPERS.
1730.
Oct. 21.
Whitehall.
Oct. 21.
[sic]
Boston.
into England. And as this petition may probably in a few days
be referred to this Office, we shall then give our opinion upon
it to H.M. We desire you will, as soon as may be, send us a
particular account what numbers of French are now settled
upon ye Island of Sta. Lucia, and how many English are now
there, how they are employ'd, and that you will continue from
time to time to inform us, by an exact return to our general
Queries, of the state of all the islands under yor. Government.
[C.O. 29, 15. pp. 212, 213.]
496. Same to the Duke of Newcastle. Enclose extract of
Governor Worsley's letter of 7th July. Continue : From this
extract your Grace will perceive what treatment the Spaniards
at Porto Rico have shew'd Capt. Barnesley, Commander of one
of H.M. ships of war, when he went to demand restitution of
such vessels belonging to some persons at Antigua and Barbados,
as had been taken by the Spaniards since llth June, 1728.
Autograph signatures. 1 p. Enclosed,
496. i. Extract of Governor Worsley's letter to the Council
of Trade and Plantations, 7th July, 1730, referred to
above. 1 p. [C.O. 28, 40. No. 7, 7 i ; and (covering
letter only) 29, 15. p. 214.]
497. Col. Dunbar to Mr. Popple. Since my last pr.
my brother, I have attended a Committee of the House
of Representatives upon a summons, Governor Belcher
haveing recommended to them the passing such laws as were
requisite for preservation of H.M. woods. I herewith send you
the votes to shew how the House received the report of the
Comttee. in favour of the bill proposed by me etc. The sloop
which this Governmt. sent to Fredericks fort, returned to
York in the province of Maine, and putt into the goal there 4
poor fellows whom they took working in the woods near the
fort, where they are now starveing ; their crime was the
pretended riott or act of pyracy mentioned in my last, they
have been tryed at one Court and tho' nothing could be made
of it, they are continued over until January next ; this is ye
justice of this country to strangers and foreigners as all H.M.
European subjects are called here ; the poor Pallatines
mentioned in my former to you are begging about town, it
would move any other people to see them, no dyeing criminals
look more pitteously, they were bound to Pensilvania but
brought in there as I formerly mentioned, where they are likely
to perish this winter. Encloses papers to be laid before the
Board. Continues : I have been long detained here by a most
malitious prosecution at the instigation of Governor Belcher
and Doctor Cook, all indifferent people say they never heard of
such useage. My brother will tell you the whole. I am now
AMERICA AND WEST INDIES. 323
1730.
goeing to winter at Fredericks fort. This town at this time is
full of Frenchmen, come to carry away large ships to their
plantations, [on opposite page. Qr. what Plantns. French West
Indies.] purchased here with rum and molasses, the practice is
for a merchant here to go with the ship beyond the Fort [on
opposite page, Qy. What Fort. Fort William in Boston
harbour] and there to give a bill of sale and the register to the
French master, and thus evade the Acts of Navigation, besides
rum and molasses the French send and bring wines and great
quantitys of their silks and all this connived at, etc. Signed,
David Dunbar. Endorsed, Reed., Read 31st Dec., 1730. 2 pp.
Enclosed,
497. i. Governor Belcher to Col. Dunbar. Boston, 24th Oct.,
1730. Abstract. In reply to No. iii, though his
constant attendance at the General Court keeps him
in a great hurry at present, he will always be ready
to attend to what Col. Dunbar may propose for H.M.
service. He still thinks the Proclamation is done
with good propriety, and there is no necessity Tor
renewing it annually. But if Col. Dunbar thinks H.M.
service will be prejudiced for want of it, will order one
to be published here and in New Hampshire. He
recommended the affair of the King's Woods to the
Assembly at his first opening of it, and again upon
Col. Dunbar's letter of 26th Sept. etc. Hopes what he
has done may produce some good law next sessions.
Has never found it the way for success to offer matters
to the Assembly when they are in a hurry to rise.
Signed, J. Belcher. Copy. If pp.
497. ii. Same to Same. Boston, 21st Oct., 1730. Reply to
No. v. Abstract. Has it in command from the King
to govern this people according to the Charter, of which
he finds constant mention in the Acts of Parliament
for the preservation of the woods. Sees, therefore, no
impropriety in referring to it in his Proclamation. He
did not think it proper to insert any official advertise-
ment in the Proclamation. He consulted the Council
upon Col. Dunbar's letter and the Proclamation, which
he still thinks full and sufficient. Repeats gist of
conclusion of preceding. Signed, J. Belcher. Copy.
2^ pp.
497. iii. Col. Dunbar to Governor Belcher. 22nd Oct., 1730.
Reply to No. ii. Regrets difference of opinion as to
Proclamation and requests one for N.H., mentioning
the dimensions of trees and penalties. As to the
miscarriage of the Act proposed by him being due to
his mistimeing it at the end of a sessions, his application
324 COLONIAL PAPERS.
1780.
to the Governor was made in eight days after his
arrival, 18th Aug., and it was not till 4th Oct. that the
latter informed him that he thought it too late to
introduce the act etc. Signed, David Dunbar. Copy.
2 pp.
497. iv. Same to Same. Boston, Oct. 26, 1730. Reply to
encl. i. "It may seem a little out of the way, if you
should order a different proclamation in another
Province of your Governments, from that you issue
here " etc. Continues : The miscarriage of the late
proposed bill, which passed the Committee, was oweing
wholy to one particular gentleman in the House, who
would be much affected thereby, as he is interested
in saw mills in the heart of the white pine woods etc.,
namely, Doctor Cook etc. Asks for a ruling in the case
of Col. Westbrook and his partners, who are likewise
building saw mills, he says upon his own private
property, and therefore may cut trees to saw at his
mills etc. The discharge of his duty has made him so
many enemies, that a man of less resolution would be
afraid to persevere. Refers to " the Doctor's inveteracy
against me " etc., and Mr. Atkinson's treatment of
him etc. Concludes : I was yesterday very well
informed that Dr. Cooke has lately threatend me with
the Indians, to the eastward. I see there are presents
ordered for them. I have already had notice from the
chiefs of the Indians at Penobscot that the people at
the truckhouse at Georges have done their endeavour
to turn them against the new settlers ; I am goeing
thither to undeceive them, and I have good reason to
apprehend that the Doctor's goeing thither may
produce dangerous consequences. Signed, D.D. Copy.
4| pp.
497. v. Same to Same. Boston, 19th Oct., 1730. Has sent
copies of the Proclamation to New Hampshire, but
does not think they answer the end he proposed, " for
by your quotation of the restrictions in the Charter,
the common people may understand that any trees
may be cutt yt. are under 24 inches diameter," as
indeed the Governor himself thought when he first
waited upon him. Requests, therefore, that the
dimensions and penalties may be proclaimed, as
Governor Dummer did last year. Presumes these
proclamations cannot properly be fixed up in N.H.,
and hopes H.E. will send orders to that Government
to do what is proper therein. " If you had thought
fitt to have published the advertisement wch. upon
consulting H.M. Advocate Genii, you seemed willing
AMERICA AND WEST INDIES. 325
1730.
and resolved to do with your Proclamation, it might
have prevented you this trouble " etc. Was sum-
moned to attend the Committee for Laws at Roxberry :
they were extremely obliging, and he believes it will
not be the fault of the Committee, if an act does not
pass, " but they were not apprized of the particulars
of my application to your Excellency, wch. I hoped
you had communicated to the House. I therefore
told the Committee that as the session was far
spent, I would avoyd clogging the matter, and only
desire that all ye saw mills, their scituation and owners
names may be registerd in some publique office, with
all the private propertys yt. were so before the 7th of
Oct. 1690 " etc. Signed, David Dunbar. Nos. i-v.
endorsed, Reed., Read 31st Dec., 1730. Copy, 1% pp.
497. vi. Proclamation by Governor Belcher, to prevent the
destruction or spoil of H.M. woods. Roxbury, 8th
Oct., 1730. Enjoins observance of the restrictions
and injunctions contained in the Charter and Acts
of Parliament relating thereto. Signed, J. Belcher.
Printed. Boston. 1 large p.
497. vii. The Boston Gazette, numb. 567. 12th 19th Oct.,
1730. Contains an advertisement by Col. Dunbar,
19th Oct., that he has warned people cutting white
pine trees in the neighbourhood of Sheepscot River,
that he has made choice of that place, as being within
the Province of Nova Scotia, as part of the 300,000
acres he is instructed to reserve for H.M. Navy etc.
Endorsed, Reed. 31st Dec., 1730. Printed. Boston.
2pp.
497. viii. Votes of the House of Representatives of the
Massachusetts Bay, 28th Sept. 21st Oct., 1730.
Endorsed as preceding. Printed, by Thomas Fleet.
44, pp. [C.O. 5, 871. jj. 236-240, 242-245, 246, 246u.,
2470., 248, 249, 249u., 250t>.-266, 267-269, 270-272,
273-274i;.]
Oct. 21. 498. Council of Trade to Committee of Privy Council.
Whitehall. Enclose following.
498. i. Draft of Instruction for Gov. Johnson relating to Mr.
Purry's Settlement. [C.O. 5, 401. ff. 4-7.]
Oct. 22. 499. Duke of Newcastle to the Council of Trade and Plan-
Whitehali. tations. Refers following for their consideration. H.M. would have
you consider the additional clause, which the Garde des Sceaux
proposes, that the ships of either Nation shall be forbid to anchor
there, unless it be in case of necessity to take in wood and
326 COLONIAL PAPERS.
1730.
water ; and report your opinion upon the right which the French
pretend to the Islands of Sta. Cruz and Tobago, their pretension
to the last seeming to be entirely new ; and also what informa-
tions you may have received of a clandestine trade carried on,
as is alleged, by the King's subjects at Martinico, Guardalupa,
and in that part of the island of St. Domingo, which is inhabited
by the French, and what is proper to be done in that respect.
Signed, Holies Newcastle. Endorsed, Reed. 23rd Oct., Read
3rd Nov., 1730. 1| pp. Enclosed,
499. i. Extract of letter from Earl Waldegrave to the Duke
of Newcastle. Paris, Oct. /y, 1730. Monsr. Chauvelin
gave me the enclosed memorial, the first part of which
relating to Sta. Lucia etc. is agreable to what Mr.
Walpole, Mr. Poyntz and I had the honour to mention
to your Grace, the 17th past. Asks for instruction on
latter part. Copy. | p.
499. ii. Memorial of M. Chauvelin delivered to Lord Walde-
grave 12th Oct. (N.S.), 1730. Welcomes acceptance
by the King of England of proposal for reciprocal
evacuation of Sta. Lucia, St. Vincent and Dominico,
in order to the speedy determination of the right
thereto. Is ready to give orders to that effect, to be
communicated at the same time as those of the King
of England. "It is proper also that vessels should
be prohibited from anchoring there, except in cases of
need for wood and water, under penalty of confis-
cation." Continues : But at the same time one
cannot refrain from speaking once more on the subject
of the Island of Sta. Cruz, to which England has no
effective claim. It is demanded that the English
settled there should be ordered at the same time to
withdraw, and also that they should be forbidden to
establish themselves in Tobago. His Majesty could not
make any concession on that point, or refrain from
upholding his just rights over those Islands, where the
English have none. His Majesty desiring the continu-
ation of the union which exists so happily between him
and England, is persuaded that the King of Great
Britain will give the necessary orders that nothing
should be done which might affect it, such as, amongst
other things, the illegal trade which the English,
supported even by ships of war, carry on at Martinique,
and in the French part of St. Domingo, concerning
which useless representations have been made for a
long time. Copy. French. If pp. [C.O. 253, 1.
Nos. 58, 58 i, ii ; and (without enclosure i) 28, 21. ff.
116-117^.,
AMERICA AND WEST INDIES. 327
1730.
Oct. 22. 500. Council of Trade and Plantations to Lt. Genl. Mathew.
Whitehall. Acknowledge letters etc. of 24th Sept. 1729 and llth March, 28th
May, 10th and 25th July, 1730, and the old Seal, etc. Continue :
We shall enquire into the characters of Messrs. Payne and
Phipps, whom you have sworn into the Council of St.
Christophers, to make a Quorum there ; But shall represent
nothing concerning them to H.M. until Instructions shall be
prepared by his orders for a new Governour. We are sorry you
have had so much difficulty in getting copies of the publick
papers from the respective officers, whose duty it was to have
prepared them for you, but hope they have now submitted to it
upon this occasion. We must observe to you, that whereas by
your Instructions you are to send to us copies of all publick
papers, the intent thereof is, that you should send all such
papers to us or to our Secretary directly, and not to agents or
other persons, to be by them brought to us ; you will therefore
do well to take notice of this for the future. We have sent the
several publick acts you have transmitted to us, to Mr. Fane
etc., and so soon as we shall have received his opinion etc., we
shall take them into consideration etc. We have considered
the papers you sent us, relating to Mr. Wavel Smith's case,
whereupon we must observe to you, that it certainly was in all
times the intention of the Crown that the constitution of the
several Colonies abroad, immediately under H.M. Government,
should resemble as much as might be, the constitution of their
Mother Country, to whose laws and customs the said Colonies
are directed to conform themselves, as far as they may be
applicable to their circumstances ; For this reason, the Charter,
Patent, and Instructions from the Crown have established the
Legislature of the Colonies upon the British model ; The
Governor representing the King, the Council the House of Lords,
and the Assembly the House of Commons ; that every legis-
lative act of theirs, like those of Great Britain, might pass a
threefold approbation, and that each branch of their legislature
subsisting upon an independent and distinct footing, might be
reciprocally checks upon the other two. But we apprehend
that the suspending of a Councillor too lightly, at the request
of the Assembly, for not complying with an order of their
Committee, not communicated to the Council, might throw too
much power into the ballance of the Assembly, and destroy that
independence which each branch of the Legislature ought to be
possess'd of. The Secretary being a Councillor, we apprehend,
he could not regularly attend the Lower House without per-
mission for that purpose from the Council, in their legislative
capacity, and therefore it would have been more decent in the
Committee to have made their order in general terms, upon the
proper Officer only, which might without difficulty have been
complied with, by Mr. Smith's Deputy whom he is empowered
to constitute by his patent. But if the point aimed at by that
328
COLONIAL PAPERS.
1730.
Oct. 22.
Whitehall.
order, was, a personal examination of Mr. Smith, the Assembly
should have applied to the Council for their leave ; and to
complaine of Mr. Smith, for not attending without such previous
order, is in direct terms assuming a power over the upper branch
of the Legislature, in all cases where the Members of the Council
Board happen to be (as they frequently must be) Officers and
servants of the Crown in another capacity. This would be a
precedent of very dangerous consequence, because the King's
Councillors in the Colonys have a double capacity, they are not
only a branch of the Legislature, but are likewise, as the King's
Privy Council, intituled to a considerable share in the adminis-
tration and execution of the laws there. Wherefore we arc
intirely of opinion that you have acted prudently, in not
suspending Mr. Smith from his seat in Council, on the address
of the Assembly, seconded by the vote of the Council ; tho' on
the other hand Mr. Smith should remember that he is Secretary
as well as Councillor, and as he is by his patent intituled to
depute a person to act in his stead, he will be in some degree
answerable for the conduct of his Deputy, and will therefore
do well to give him full instructions upon all occasions to give
no just offence to any person, and much less to the Assembly
of the Island. We are sorry to find, that the Assembly should
insist on any priviledge not properly belonging to them. But
altho' your Instructions do direct that their priviledges should
not exceed those enjoy'd by the House of Commons here ; yet
we may tell you, that the Law of Parliament in England is
properly the usage of Parliament, and perhaps what has been
usually done by your Assemblies, may have by that usage,
acquired a sanction in matters not directly repugnant to the
authority and prerogative of the Crown. The precedents in
England are various ; accounts from the Treasury are generally
address'd for to the Crown, but in matters of less moment,
orders are frequently made upon the respective Offices, without
any previous address to the Crown ; such an address might be
very proper to you who represent the Crown there, for publick
accounts ; But we apprehend, the attendance of a Councillor
in the Lower House ought to be by leave from the Council, as
a member of their body, and not from you as Governor only.
[C.O. 153, 15. pp. 58-64.]
501 . Council of Trade and Plantations to Governor Hunter.
Acknowledge letters of 9th and 13th May and 4th July etc.
Acquaint him with procedure of Oct. 15th and 21st. Continue :
We are surpriz'd that the Assembly should not have come to
a resolution of applying to the Crown for assistance in their
present difficulties wherein their property is so much concerned ;
But altho' they have been so negligent of their own safety, H.M.
knowing the consequence Jamaica is of to the trade of Great ~
Britain has had the goodness to order two Regiments thither
AMERICA AND WEST INDIES. 329
1730.
for the protection of the Island and of his subjects there : You
will therefore do well to move the Assembly, that an additional
allowance be made to their pay whilst they continue with you
which no doubt will be until the rebellious negroes shall be
subdued. In our last letter to you we stated our objection to
the Act for preventing dangers from disguised Papists etc., and
we can't but think that objection had it's weight ; However con-
sidering the small proportion the Whites in general bear to the
Blacks in Jamaica, and that according to the Repn. there are
many Irish Papists amongst your white inhabitants upon whom
there is no great dependance in case of danger. In regard
to the present scituation of the Island, we have been press'd
by your Agent to lay this Act, and we have according laid the
same before H.M. for his Royal approbation, hoping the
confirmation of it may give some satisfaction to the people
under your Government ; tho' we should otherwise have inclin'd
to have waited for the effect of this Act in its operation before
we had made it absolute. Acquaint him with their support of
his request for guns etc. for Port Antonio (v. Oct. 21). Conclude :
We shall be always ready to contribute what lies in our power
for the service of Jamaica ; tho' you can't but be sencible what
difficulties attend any expence of this sort which cannot be
justified without the sanction of Parliament, and therefore we
hope the Assembly who you say have given 3000/. towards
finishing Fort George, may be induced to give a further sum
for this purpose in case our application should prove ineffectual.
The old Seal which you mention (10th May) to be sent, has not
yet been received, and Mr. Delafaye knows nothing of it, we
must therefore desire you will let us know by whom you sent
it, that the same may be broken in Council here according to
H.M. orders, you will likewise do well to send us as soon as may
be a very full answer to our queries relating to the state of
Jamaica. [C.O. 138, 17. pp. 298-301.]
Oct. 22. 502. Memorial of loss and damage (2167 pieces of eight
= 500Z. sterl.) sustained by Joseph Sandwell, owner and master
of the Aurengzebe, seized by the Spaniards at Carthagena, Feb.,
17}|i. Deposition, signed, Edgate Sandwell. Endorsed, Reed.
29th Dec., 1730. (from William Read). Copy. 1$ pp. Enclosed,
502. i. v. Papers relating to foregoing, English and Spanish.
Copies. 31 pp. [C.O. 388, 92. Nos. 13, 13 i-v.]
Oct. 27. 503. Mr. Keen to Mr. Popple. I am again under the
st. Johns, necessity of acquainting the Lords Commrs. for Trade etc.
Q f a mur( j e r committed the 3rd instant supposd to be don
by one John Ferryman. I have taken all the care I possibly
could, by having the body searcht by chyrurgions and have taken
their report, and sworn a jury whose opinion, with the evidences
330 COLONIAL PAPERS.
1730.
taken I have inclosed, and directed to the Justice to whome the
prisoner John Ferryman and the evidences William Forster and
John Farrell shall be delivered, and sent them in the briganteen
Elizabeth and Cathrine, William Squarey Commandr. etc. I
humbly begg their Lordps. would be pleased to take into con-
sideration, that some means may be found for my reimburse-
ment the charge of sending home, the prisoners, for I do assure
their Lops, that the people resideing here the winter are not in
a capacity to pay it, and the little tax already laid, for building
a prison is not complyd with, the Commanders of fishing ships,
and traders are so avers to all Goverment, that they endeavour
to oppose it with all their might ; and altho the rate on the
tradeing men, do not amount to one farthing in the pound, they
will not pay it ; the poor inhabitants make no difficulty in paying
their proportion, and have don it as well most of the by-boat-
keepers. Besides the difficulty we labour under when a murder
is committed, in mentai[m]ng ye culpble. and wittnesses, the
commandrs. of ships bound home will not take them on bord,
unless their passages be imediately paid, and then with the
utmost difficulty, and wch. I have been forced to comply with ;
besides the fatigue and trouble and loss of my money disbursed.
I beg Sr. that you will be pleased to lay this before their Losps.,
that some consideration may be had for any future accidents.
Signed, W. Keen. Endorsed, Reed. 18th Dec., 1730, Read 12th
Jan., 173?. Holograph. Ij pp. Enclosed,
503. i. Verdict of Coroner's Jury upon the murder of Walter
Nevell at St. Johns. 5th Oct., 1730. Signed, Arthur
Came, Coroner ; and 24 jurymen. 2 pp.
503. ii. Deposition of John Farrell, fisherman, servant to
John Perriman of Quidi Vidi. 5th Oct., 1730. On
3rd Oct. after drinking in the house of Wm. Forrester
in St. Johns, a dispute arose between John Perriman
and Walter Nevill over money owed by the former.
" Perriman answered he did not owe it him, and call'd
him Maz'd Toad," and touched him. Nevell rose,
and Perriman knocked him two or three times against
the side of the chimney etc. Signed, Jno. Farrel,
in the presence of the Coroner and Jury etc. Copy.
\lpp.
503. iii. Deposition of William Forester, 5th Oct., 1730.
Corroborates preceding. Taken in the presence of the
Coroner and Jury. Copy. 1| pp.
503. iv. Certificate of cause of death of Walter Nevell. 5th
Oct., 1730. Signed, Richd. Newton, James Gentet,
Jno. Monier. \ p. Nos. i-iv. endorsed, Reed, (from
AMERICA AND WEST INDIES.
331
17:30.
Oct. 27.
Whitehall.
Capt. Osborn), Read 12th Jan., 173'f. [C.O. 194, 9.
//
504. Duke of Newcastle to the Governor of New England.
Encloses following and concludes : As these men are employed
in cutting timber for H.M. service, you should give them all the
protection you can, from any attempts of the Indians. Copy.
Signed, Holies Newcastle. Enclosed,
504. i. Lords Commissioners of the Admiralty to the Duke
of Newcastle. Admty. Office. 16th Oct., 1730.
Recommend enclosed application. Copy.
504. ii. Ralph Gulston to the Commissioners of the Navy.
16th Oct. 1730. By letters from N.E., 17th Aug.
last, I have advice from Col. Westbrooke, who provides
the masts etc. for my contract, that he had received
a letter from the Lt. Gov. of the Massachusetts Bay
to be upon his watch for fear of being surprised by a
party of Indians, who seem to threaten some dis-
turbance etc. which had occasioned his people who
were searching the woods for trees, to retire and leave
their work etc. Prays that the Governor may be
directed to afford them sufficient protection etc.
Copy. [C.O. 324, 36. pp. 240-242.]
Oct. 27.
Whitehall.
505. Council of Trade and Plantations to the King.
Recommend John Ashley for the Council of Barbados, in the
room of Mr. Maycock, deed. [C.O. 29, 15. pp. 214, 215.]
Oct. 28.
Whitehall.
506. Mr. Popple to Mr. Fane. Requests his opinion, in
point of law, by to-morrow morning whether fines imposed by
English Acts of Parliament, for offences committed in the
Plantations, and to be recover'd there, are understood to be
paid in sterling money, Proclamation money, or in the currency
of that Province, where such fine shall be recoverable. [C.O.
324, 11. pp. 240, 241.]
Oct. 28.
Whitehall.
507. Mr. Popple to Capt. Laborde. If he has any letters
from Col. Dunbar to communicate to the Board, to-morrow
morning is appointed for that purpose. [C.O. 5, 916. p. 383A.]
Nov. 3. 508. Mr. Fane to the Council of Trade and Plantations.
In reply to 28th Oct., is of opinion that such fines are understood
to be levied in sterling money, or the value thereof. Signed,
Fran. Fane. Endorsed, Reed., Read 3rd Nov., 1730. p.
[C.O. 323, 9. ff. 51,
332 COLONIAL PAPERS.
1730.
Nov. 3. 509. Same to Same. Has no objection, in point of law, to
24 acts of Virginia, 1730, submitted to him, including the act
for amending the staple of tobacco. Signed, Fran. Fane. En-
dorsed, Reed. 3rd Nov., 1730, Read 12th May, 1731. 3f pp.
[C.O. 5, 1322. ff. 120-121^., 1280.]
Nov. 3. 510. Same to Same. Report upon Act of Pennsylvania
for establishing Courts of Justice etc. referred to him 15th April.
Has been attended by Mr. Sharpe on the behalf of Mr. Moore,
Collector of the Customs in Pennsylvania in opposition to this
act, and by Mr. Paris in support of it. Continues : I apprehend
there is no material difference between this act and an act passed
in the 8th of the late King, but in relation to the jurisdiction of
the Supream Court of this province as to its power of issueing
originall process and hearing causes in that Court, for in all
other respects this last act only re-enacts the former etc. By
this last act the originall jurisdiction of the Supream Court is
in all cases except in indictments taken away, the sole motive
of which Mr. Sharpe alleadges was to defeat Mr. Moore the
Collector of the Customs of the benefit of a very valuable seizure
he had made at Philadelphia of the ship Fame laden with East
India and contraband goods to the value of 20,OOOZ. which he
was then sueing for by original process in the said Supream
Court etc. It does not very plainly appear to me that this was
the sole motive etc. but one circumstance induces me to think
that the Legislature had prosecutions of this kind in view when
this matter was under consideration by rejecting what I appre-
hend to have been a reasonable and proper clause offered, which
was to retain an original jurisdiction in the Supream Court in
all actions qui tarn informations etc. wherein the Crown was
interested. This I think would have been a proper reservation
as it was not to be presumed that His Majesty's causes would
ever be carried on with vexation or oppression in order that they
might receive the most solemn and impartiall determination,
the Supream Court being filled with persons bred to the pro-
fession of the law, whereas in the Inferior Courts the persons
presiding are generally bred in the mercantile way and who may
reasonably be supposed in cases of seizure to be under at least
the temptation of being partial in favour of the claimant.
Another objection offered is that a general original jurisdiction
being unquestionably vested in the Supream Court by the 8th
of the late King the Assembly had no power to take it away for
by the Pensylvania Charter, if the acts passed there, were not
repealed by the Crown in five years, they were from thenceforth
to remain in full force and the act of the 8th of the late King
not having been repealed in five years it must now be considered
as having the Royal sanction of the Crown and cannot be
repealed varied or altered by any future act without the express
leave of the Crown. This fact of the Charter I agree to be true
AMERICA AND WEST INDIES. 333
1730.
but the question is whether an original jurisdiction was vested
in the Supream Court by the 8th of the late King and I take it
that there are not words sufficient in that act to give the
Supream Court an unquestionable jurisdiction. There are some
words that point that way but none so expressive in my opinion
as to bring this case within the reason of the beforementioned
restriction. It is true the Judges of the Supream Court in the
case of Mr. Moore have thought fit to exercise a jurisdiction but
I see no great conclusion from thence because Courts of Law
are ever willing upon the slightest pretence to extend their
jurisdiction. Another objection to this law is that though this
province is expressly required by their charter to pass no laws
but what are agreeable to the laws of England yet that the
restriction in that act with regard to the Superior Court is
directly repugnant to them, for as this Supream Court is a Court
of Record it is expressly enacted by several acts passed here
which extend to the Plantations, that the Custom House Officers
may prosecute their seizures in any Court of Record. I must
agree that it has always been thought fit for the service of the
Crown that informations of seizure should be tryed in the most
superior Court of Record but I can't apprehend that this act
in this particular instance is repugnant to our laws because it
is passed upon a supposition that this Supream Court was meerly
a Court of Error which though in strictness is a Court of Record
yet I apprehend it does not come within the reason of our laws.
Another objection offered is that the Inferior or County Courts
are not of sufficient dignity to hear and determine causes of that
value which Plantation seizures generally are and that their
jurisdiction being limitted to the bounds of their respective
counties, the Officer is obliged to lay his action where the
seizure was made and has not the liberty as in England of laying
his action in Middlesex though the seizure was made in any
other county. The laying of informations upon seizures in
Middlesex, I must observe, has certainly been found of very
great benefit to the Revenue here because of the partiality too
frequently shewn to offenders of this kind in their own country.
The same inconvenience it is possible may arise in this Collony
and therefore it would have been prudent in the Legislature to
have pursued a method so much approved of here and by
experience found to be so greatly beneficial to the Revenue.
As to the first part of this objection that the Inferior or County
Courts are not of sufficient dignity etc. I can only observe as
above that H.M. causes ought to have the most solemn and
impartial determination, which they are more likely to meet
with in the administration of persons skilled in the profession
of the law than in the hands of merchants. There were some
other reasons offered by Mr. Sharpe on the part of Mr. Moore
against this law but as I did not think them very material I
shall not trouble your Lordships with them. There were many
334 COLONIAL PAPERS.
1780.
reasons offered by Mr. Paris in support of this law the most
material etc. were (1) The chief reason for taking away this
original jurisdiction from the Supream Court is the much greater
expence suitors would be put to in prosecuting actions in this
Court than in the Inferior Courts from the very great delay that
must necessarily happen in legal proceedings from the seldom
holding of this Supream Court, which I think, is to be held but
thrice a year, and then at Philadelphia, and the expence and
trouble which will necessarily follow by the claimants being
obliged to bring their witnesses perhaps from the remotest parts
of the Kingdom. I am sure I should be very far from objecting
to anything which would make the coming at Justice more easy
in point of expence or more expeditious in it's effect. And I
think in civil causes, supposing this method is less expensive
that the regulation is perfectly right, but I can't agree that this
restriction is at all proper in H.M. causes for the reasons I have
already mentioned with regard to the dignity of the Courts.
Besides, the delay of Justice is an objection in the power of the
Legislature very easily to remove by appointing the Superior
Court to meet oftner if the necessity of the business should
require it. Another reason offered in support of this law is,
that it is inconsistant the same Court should have an original
jurisdiction and sit likewise as a Court of Error. If there was
any weight in this argument, this law is now lyable to that
objection because there is actually an original power continued
by this act in this Supream Court in all indictments. For my
part I cannot see any inconsistency in it ; nor is it unusuall,
for the Court of King's Bench whose constitution I never yet
heard arraigned, has both these jurisdictions. Another
objection offered to the original jurisdiction of this Supream
Court is that by bringing an action originally in this Court, no
writ of error can be brought to correct any error in their judge-
ment but by appeal Home. It may I agree put the partys to
some extraordinary expence if they should not submit to the
determination of this Supream Court. But could they have
been in a better condition supposing the process had begun in
the Inferior Courts and not an acquiescence in the Superior
Court's determination upon the errors. Besides the Legislature
of Great Britain have vested a jurisdiction in the Admiralty
Courts in the Plantations in all causes of seizure and have not
thought proper to leave the judgements of that Court to be
reviewed in any manner but by appeal home. Another reason
offered in support of this act is that supposing an original
jurisdiction was vested in this Supream Court in causes wherein
the Crown was interested, Mr. Moore out of spleen and resent-
ment would make use of it to harrass and distress the people.
What the conduct of Mr. Moore has been I can't pretend to say. But
sure I am that his Majesty who has so perfect a regard for Justice
and so tender a concern for the welfare and happiness of his
AMERICA AND WEST INDIES. 335
1730.
subjects in every part of his Dominions would never suffer any
officer using his authority to oppress his people. If there should
be any just grounds for such a complaint against Mr. Moore, it
would be more for the honour of the people of this Colony to
make a complaint of his behaviour in a proper place and where
they would certainly find redress than to distress his Majesty's
affairs in the judicial proceedings of this province. Another
objection is that to repeal this act of 1727 would overturn and
unhinge all the Courts of Judicature in this province. This
fact I begg leave to observe to your Lordships is not true, for I
don't find that the act of the 8th of the late King is repealed
by this law. But if it was by H.M. repealing this act which is
now under consideration, that law would revive again and the
Judicature of this province would then stand upon the very
same foot it does now except only as to the point of jurisdiction
upon which the objections to this act have arisen, etc. I begg
leave upon the whole to say that if the Legislature had accepted
the clause that was offered upon passing this act to retain a
jurisdiction in this Supream Court in all causes wherein H.M.
was interested I should have had no objection to this act. But
as they have not, I apprehend it will be of very great prejudice
to the Revenue, unless your Lordships are pleased to advise
H.M. to repeal it etc. Signed, Fran. Fane. Endorsed, Reed.
3rd Nov., 1730, Read 22nd June, 1731. 6f pp. [C.O. 5, 1268.
//. 8-110.]
Nov. 3. 511. Mr. Fitzwilliam to the Council of Trade and Planta-
tions. Requests copy of Journal of Assembly and the Governor's
letter relating to the reasons offered by him in Council (v. July
23rd), " I doubt not, but to make appear, that I have reed,
very severe treatment, and that my conduct has been such, as
will deserve your Lordsps' approbation " etc. Signed, Rd.
Fitzwilliam. Endorsed, Reed., Read 3rd Nov., 1730. 1 p.
[C.O. 5, 1322. ff. 85, 861;.]
Nov. 4. 512. Memorial of loss and damage (9981. sterl.) sustained by
Christopher Banker and Company of New York mariners,
owners of the Jolly sloop, and by Stephen Delaney of New York,
owner of the cargo (rum) taken 13th Nov. by a Spanish privateer,
in her voyage from Barbados to New York. Deposition, signed,
Samuel Baker. Endorsed, Reed, (from John Newman, jr.) 19th
Nov., 1730. 4 pp. Enclosed,
512. i. Papers relating to foregoing. English and Spanish.
24 pp. [C.O. 388, 92. Nos. 8, 8 i.]
Nov. 4. 513. Memorial of loss and damage (1200Z. sterl.) sustained
by Stephen De Lancy, Henry Lane, Peter Barberie and John
Moor of New York, owners of the Elizabeth and her cargo (chiefly
flour and other provisions), taken by a Spanish sloop off
336
COLONIAL PAPERS.
1730.
Nov. 4.
Nov. 4.
Whitehall.
Nov. 5.
Annapolis.
Nov. 6.
Hispaniola in Aug., 1716. Depositions, signed, Samuel Baker
of Green Lettice Lane in Cannon Street, London, merchant, and
William Murphy, mariner, of New York. With Spanish trans-
lation of latter. Endorsed, Reed. 19th Nov., 1730. 11 pp.
[C.O. 388, 92. Nos. 6, 6 i.]
514. Memorial of loss and damage (484Z. 195. 6d.) sustained
by Samuel Smith of Norfolk, Va., merchant, owner of the sloop
Catherine of Virginia and cargo taken on 4th Feb., 1729, by a
Spanish privateer off Hispaniola. Deposition, signed, Robert
Gary, of London, merchant. Copy. l%pp. Enclosed,
514. i.-v. Letter and deposition of Samuel Smith and invoice
and bill of lading relating to foregoing. Copies. 8 pp.
[C.O. 388, 92. Nos. 17, 17 i-v.]
515. Mr. Popple to Mr. Burchet. Encloses extract from
Col. Dunbar's letter with copy of proceedings on prosecution
of Jeremiah Foolsom. Continues :- My Lords request that the
Lds. Comrs. of the Admiralty would give directions for
prosecuting the appeal from the decree of the Vice Admiralty
Court etc., it being very much for H.M. service that the people
of N. England should find, that justice may be obtain'd here,
how partial soever they may be in their proceedings in that
country. [C.O. 5, 916. p. 393A].
516. Lt. Governor Calvert to Mr. Popple. Yours, dated
9th of December last, came to my hands late in the spring ; the
Queries therein inclosed etc. are of such a nature and extent,
as must require time and caution in answering of them, inas-
much as I would desire to give their Lordships the most exact
satisfaction therein ; I have already given orders for a general
list of whites and blacks, throughout this Province. I have given
it in charge to the Naval Officers and Collectors to inform me
etc. as to the trade to and from this Province etc. Signed, Benet.
Leond. Calvert. Endorsed, Reed. 25th Jan., 173?, Read 4th
Oct., 1732. Holograph. Addressed. 2 pp. [C.O. 5, 1268.
ff. 119, HQv., I23v.]
517. Memorial of loss sustained by Sir Thomas Bury and
Company, owners of the Loyalty, seized by the Spaniards upon
the coast of Asturia. Said ship was bound from Exeter with
cargo for New England, there to relade with fish for Bilboa,
and thence with a cargo of iron etc. to Exeter. Signed and swwn
by, William Bury. Endorsed, Read 23rd Nov., 1730. 3 pp.
Enclosed,
517. i. Deposition of Thomas Powell, master of the Loyalty,
and others. 3rd June, 1730. Copy. 3 pp. [C.O.
388, 92. Nos. 5, 5 i.]
AMERICA AND WEST INDIES.
337
1730.
Nov. C. 518. William Adair to Mr. Popple. As agent for Governor
Hay Market. Philipps asks that the Treasury may be moved to reimburse him
250/. advanced by him to purchase a vessel for the Government
etc. Signed, Wm. Adair. Endorsed, Reed. 8th Nov., Read llth
Dec., 1730. 1 p. [C.O. 217, 5. ff. 211, 2120.]
Nov. 7.
Jamaica.
Nov. 9.
Whitehall.
51 9. Governor Hunter to the Council of Trade and Planta-
tions. Acknowledges receipt of Instruction relating to the
whale-fishery etc. Continues : I am very much concerned to
informe your Lordships, that notwithstanding all the care and
pains that was taken in fitting and sending out our Grand Party
mentioned in my last, to dislodge or destroy the slaves in
rebellion, they have returned without any manner of success,
haveing lost themselves in the woods, supposed to be by the
mismanagement of some of their officers or guides, by which
some of them have been famished, others drowned in crossing
the rivers and many thro' sickness have dyed, So that 'tis com-
puted one fourth part of them are destroyed. The Assembly
is now sitting, and have this affair under their examination and
are thinking of what further measures may be proper to be
taken to remedy this misfortune, and to protect themselves
from the insults of those slaves, who begin to grow both
numerous and powerfull etc. The Captain of the Genoese
wrecked on Pedro Shoals sailed in H.M. sloop Tryall to endeavour
to recover the remainder of the treasure etc., but was forced into
one of the leeward ports of this Island by stress of weather, but
the vessel recieving no damage they sailed again for the wreck
in a short time afterwards, since which I have had no further
account of him ; I shall continue to do everything in my power
to prevent embezlements that strict justice may be done to His
Catholick Majesty and those interested in the said ship, Admiral
Stuart haveing what treasure hath hitherto come to our know-
ledge etc. Signed, Ro. Hunter. Endorsed, Reed. 5th Feb.,
Read 13th July. 1731. 2pp. [C.O. 137, 19. ff. 51, 51u.,
540.]
520. Duke of Newcastle to Governor Hunter. Sir, I write
this, in the utmost secrecy, to acquaint you that H.M. has
received advice, that a Spanish Officer was come to Mr. Prater,
the South Sea Company's Agent at Jamaica, to let him know,
that a Spanish ship of war of 50 guns and 300 men, to which
he belonged, was run on shore upon Pedro shoals, ten or twelve
leagues from Jamaica, and to desire assistance to save what
was on board, being, as the said Officer reported, about 850,000
pieces of ; 250,000 whereof was a present from the Govern-
ment of Peru to the Queen of Spain ; That there were fourteen
State prisoners on board, one of which was the late President
at Panama : That Mr. Prater had ordered some sloops to their
assistance, and had sent to R. Admiral Stewart at Port Antonio
C.P. xxxvij %%
338
COLONIAL PAPERS.
1730.
to desire him to send a man of war to prevent plundering, as
you will see more particularly by the inclosed account. H.M.
is pleased to direct, that you should collect and take into your
own custody all the effects that were on board the said Spanish
ship, which have been saved, in whomsoever's hands they may
happen to be, and make exact inventories of them in the presence
of some of the Spanish Officers, and detain them, and keep them
safe without any embezzlement, till further signification of H.M.
pleasure : But you are not, upon pain of the King's highest
displeasure, to own to any person whatever, except R. Adml.
Stewart, that you have received this Order, or any other relating
to this Spanish ship, or even that the news of her being cast
away was known in England before this sloop went from hence ;
but when the Spanish Officer shall apply to you (as undoubtedly
he will) for the release of the effects, you are to tell him, that
you will send the King an account of what has happened, and
that you cannot take upon you to part with so considerable a
cargo, till you have H.M. orders for it, with which you will
acquaint him assoon as ever they come to your hands. You
will be sure to use the Spaniards very civilly, and suffer them
to go away or not, as they shall desire, but on no account to
convey away any part of their effects. As the punctual execution
of this order, in every part of it, as well with regard to the
secrecy, as to the detention of the effects, is of such importance
to H.M. service, I cannot too much recommend it to you ; and
lest it should be suspected, that the sending of this sloop is
occasioned by this affair ; you are to give out that the reason
of it, was to acquaint you with H.M. design of sending two
Regimts. to Jamaica, and to order you to make the necessary
preparations for them. You are to communicate this letter,
in the utmost confidence and secrecy to R. Admiral Stewart,
to whom I write by H.M. Order, to be assisting to you, and to
whom also the same secrecy is enjoined. P.S. Nov. llth, 1730.
Since the writing of what is above, I have received your letter
of the 19th of Sept. last, with the papers inclosed, and laid them
before the King, and I have the pleasure to acquaint you, that
H.M. approved the order you gave to the Captain of the Fort
at Por/t Royal, which, you will find, is conformable to what I
now send you : But the King was sorry to see, that some part
of the treasure on board the Spanish wreck is most probably
carried off : However H.M. would have you endeavour to
recover all that can possibly be got of what is left behind, and
keep it safe, and without any diminution or embezzlement,
in the manner above directed. You will not fail to send
me the earliest account you can of your proceedings in this
affair etc. Draft. 4 pp. [C.O. 137, 53. ff. 274-276.]
Nov. 9.
Whitehall.
521 . Same to Same. Refers to letter of Oct. 12th announcing
sending of regiments etc. Continues ; But as my letter went
AMERICA AND WEST INDIES. 339
1730.
by the man of war that carried those orders from hence to
Gibraltar, and consequently you will not receive it till those
regiments actually arrive, H.M. has thought proper to dispatch
this sloop on purpose to you, that you may have previous notice
of it, and make the necessary preparations for the reception of
the regiments and the landing of them at such places, as you
shall judge most convenient with regard to the service for which
they are intended, and also to provide in the best manner you
are able for their quarters and subsistance, towards which H.M.
does not doubt but the Island of Jamaica will readily contribute
whatever may be wanting on their part, as has formerly been
done in like cases ; However orders are given for supplying the
troops with provisions, till such time as you shall be able to
procure the necessary allowances from the Island for it. As
H.M. thinks all reasonable encouragement should be given to
the soldiers in order to engage them the most effectually to
perform the service on which they are sent, and as nothing will
so much contribute to the preservation of the peace, as well as
to the flourishing condition of the Island, as the getting greater
numbers of white men to settle there, H.M. thinks it would be
proper to have an act of Assembly passed fo 
