America and West Indies: September 1725, 16-30

Pages 425-447

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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September 1725, 16-30

Sept. 16.
729. Warrant of the Lords Justices for a bill granting to Alexander Forbes the office of Provost Marshall General of Jamaica etc., and revoking the patent of Richard Rigby. 1 1/2 pp. [C.O. 137, 46. No. 48.]
Sept. 20.
730. Mr. Popple to Francis Fane. Encloses, for his opinion in point of law, Act of Antego, 1725, for selling certain lands lately belonging to Andrew Murray decd. [C.O. 153, 14. p. 197.]
Sept. 21. 731. Address of his Protestant subjects called Quakers from their yearly meeting held at Philadelphia etc. to the King. In an humble sense of the many blessings and mercies which flow from the Divine Being to mankind, we cannot but see and acknowledge them to be in a peculiar manner dispensed to the Nations and people over whom he hath been pleased to establish so gracious a Prince. Great in his goodness and love to his people, great in the benignity of his reign which reaches to the most distant of his subjects, and great in the sight of the Nations round about. If any of the present age should yet through wantonness or wickedness shut their eyes and not see or be thankfull for such happiness, ages to come will look back upon it with admiration and Kings may set before them the example, Posterity will mark it in their annals and if ever attempts should again be made upon true liberty and the laws, Princes may find the mistake and dishonour of such endeavours in former times and remark thy reign as the way to true grandure. We have great cause among the rest of our fellow subjects to express our affection and duty to our Sovereign and to be as we truely are particularly thankfull for the Royall assent to an Act of this Province prescribing the forms of declaration, etc. This benevolence of our King in a matter which so nearly touches the conscience makes deep impression on our hearts beyond words. But to the Almighty who sees them do we earnestly pray for the long continuance of his reign etc. Signed, in behalf and by appointment of the said meeting, John Estaugh. 2 pp. [C.O. 5, 1234. No. 5.]
Sept. 24.
732. Mr. Yonge to Mr. Popple. Encloses 12 Acts and one Ordinance of S. Carolina, and prays the Board to hasten their report upon them. Signed, Fra. Yonge. Endorsed, Recd. 24th Sept., 1725, Read 28th Sept., 1727. 1 p. [C.O. 5, 360. ff. 15, 16v.]
Sept. 25.
733. Mr. Delafaye to the Council of Trade and Plantations. Encloses following for their report thereon to the Lords Justices. Signed, Ch. Delafaye. Endorsed, Recd. 27th, Read 30th Sept., 1725. 1 p. Enclosed,
733. i. Address of the Lt. Governor, Council and Representatives of the Massachusets Bay to the King. Copy of 25th June, q.v. [C.O. 5, 869. ff. 86, 87–90, 91v.]
Sept. 27.
734. Mr. Popple to Francis Fane. Encloses for his opinion in point of law 22 Acts of S. Carolina (v. 15th April). List annexed. [C.O. 5, 400. pp. 219–221.]
Sept. 27.
735. Same to Same. Encloses 22 Acts of New York (v. April 24) for his opinion in point of law. [C.O. 5, 1124. pp. 379, 380.]
Sept. 27. 736. Patent appointing Thomas Lowndes Provost Marshal Clerk of the Peace and Clerk of the Crown in S. Carolina, for the several and respective natural lives of said Lowndes and Hugh Watson of the Middle Temple, to execute by himself or deputy. Signed, Beaufort, Craven, Ja. Bertie, Hen. Bertie, J. Colleton, Jo. Tyrrell. Copy. [C.O. 5, 290. p. 191; and 324, 49. f. 63.]
Sept. 27. 737. Copy of Patent appointing Edward Bertie Secretary and Register of S. Carolina. Signed as preceding. Copy. [C.O. 5, 290. pp. 192, 193.]
Sept. 29. 738. Petty Expenses of the Board of Trade, Midsummer—Michaelmas. £130 8s. 11d. (including, Watching at the Office while the wall was building, £10 11s.). Stationer's Bill, £62 2s. 3d.; Postage, £20 12s. 1d. Endorsed, Read Jan. 7. 1725/6. 4 1/2 pp. [C.O. 388, 78. ff. 129, 130v.–133v.]
Sept. 29. 739. Mr. Attorney and Mr. Solicitor General to the Lords Justices. Report on the Address of the Independent Ministers in New England for holding a Synod, etc. Replies to questions put by Mr. Delafaye etc. v. Perry, Papers relating to the Church in Massachusets. Signed, P. Yorke, C. Wearg. 9 1/2 pp. Enclosed,
739. i. Mr. Myles to the Bishop of London. Encloses following. Signed, Samuel Myles. 1 p.
739. ii. (a) Address of the Independent Ministers of New England to the Lt. Governor, Council and Representatives of the Massachusetts Bay. Application for the calling of a Synod etc. Signed, Cotton Mather etc. 1 p. Overleaf, (b) Minute of Council, 3rd June, 1725. Voted that the proposed Synod will be agreable to this Board. Sent down for concurrence. 1/4 p.
739. iii. Duplicate of No. ii with addition:—In the House of Representatives, 11th June, 1725. Read and referred to the next Session for further consideration. Sent up for concurrence. In Council, June 19. Read and concur'd. Consented to, Wm. Dummer. Copy. 3 pp.
739. iv. Memorial of Timothy Cutler and Samuel Myles, Ministers of the Established Church of England in Boston to the Lt. Governor, Council and Representatives of the Massachusetts Bay, 10th June, 1725. For reasons given, it will neither be dutiful to the King nor consistent with the rights of our Right Rev. Diocesan to encourage or call the Synod until the pleasure of H.M. shall be known etc. Printed, Perry, op. cit., 170. Minutes of Council upon above, 14th and 22nd June. This Memorial containing an indecent reflection on the proceedings of this Board etc. is dismissed. The Representatives concur, 23rd June. Copy. 2 pp.
739. v. Duplicate of preceding, with part of Minutes only.
739. vi. Bishop of London to the Duke of Newcastle. Fulham, 17th Aug., 1725. Encloses above Address etc. Printed, Perry, op. cit., 179.
739. vii. Duplicate of No. vi.
739. viii. Same to Same. Aug. 21st, 1725. Printed, Perry, op. cit., 180.
739. ix. Same to Same. Fulham. 31st Aug., 1725. Printed, Perry, op. cit., 184.
739. x. Duplicate of No. ix.
739. xi. The Case of the Bishop of London's Jurisdiction in the Plantations. The present Bishop has refrained from appointing a Commissary in any one of the Governments, till the extent of his jurisdiction is ascertained, in order to avoid the confusion that has formerly happened between the Governours and Commissaries etc. No date, signature, or endorsement 5 pp. [C.O. 5, 898. Nos. 34, 34.i–xi.]
[Sept. 30.] 740. List of following papers, produced by Mr. Dummer in proof of the right of Great Britain to the lands between England and Nova Scotia, and of several depredations committed by the French and Indians between 1720 and 1725.
740. i. Extract from the grant by the French King to Charles de Menou, Sieur d'Aunay Chamisray, Paris, Feb. 1647, appointing him Governor and Lt. General in all the territories of L'Accadie, beginning from the brink of the great River of St. Lawrence both along the sea coast and adjacent islands, and inner part of the main land, extending as far as the Virginias etc., with possession of the same and exclusive privilege of trading in furs with the savages throughout the said country etc. Signed, Lewis; and lower By the King, (the Queen Regent being present) De Loménie. Translation. 3/4 p.
740. ii. Order of the General Court, Massachusetts Bay, 14th May, 1690. In pursuance of the agreement with New York etc., (v. C.S.P. 1690. No. 865) 160 soldiers are to be detached from the several regiments for service against the common enemy, French and Indians etc. Copy. 3/4 p.
740. iii. Conference of the Indian Commissioners with Kenebeck and other Indians at George Town. Nov. 25, 1720. Copy. 10 pp.
740. iv. Letter from several tribes of Indians to the Governor of New England, calling upon him to retire from their lands etc., 1721. 17 totem marks. Copy. French. 3 pp.
740. v. Translation of preceding.
740. vi. M. Begon, French Intendant, to a Jesuit. (Father Rallé. v. C.S.P. 13 March, 1722). 14th June, 1721. Translation. 2 1/2 pp.
740. vii. M. de Vaudreuil to Father Rallé, 25th Sept. 1721 (v. March 13, 1722). Translation. 1 1/2 pp.
740. viii. Paper taken from the Church door at Norridgewock, Oct., 1722 (v. C.S.P., Dec. 26, 1723). Translation. 1 p.
740. ix. M. de Vaudreuil to the Governor of New England, 28th Oct., 1723 (v. C.S.P., Dec. 26, 1723). Translation. 1 3/4 pp.
740. x. Lt. Governor Dummer to M. de Vaudreuil. Reply to preceding. Dec. 20, 1723. Copy. 1 1/2 pp.
740. xi. Launerjat (v Father Loverjat. v. following) to Father Rallé Sixteen Englishmen were killed whilest Joseph was gon to you. Two boats were burnt and forty-seven in all were killed and taken prisoners with eleven sloops as we commonly say sword in hand and that after an obstinate fight on each side. All which will contribute to our gallantry and well increase our village if it be well preserved. In spite of all that the invidious can say all the glory is owing to Saggarrab. Negatukchemanganee. 11th July, 1724. Translation. 1/2 p.
740. xii. Father Rallé to another Priest. Narridgwalk 1/2 2/3rd Aug., 1724. My people are returned from their last expedition, wherein one of their bravest champions was killed, believing there were above 200 English divided in three parties to drive them out of their camp, and expecting a farther number to reinforce them in order to destroy all the corn in the fields without doubt. But I said to them, how could that be, seeing we are daily surrounding and making inroads upon them everywhere in the midst of their land, and they not coming out of their fort, which they have upon your own land. Besides, in all the war you have had with them, did you ever see them come to attack you in the spring, summer, or in the fall, when they knew you were in your habitationsv You say yourselves that they never did, but when they knew you were in the woods. For if they knew there were but twelve men in your dwellings, they dare not approach you with one hundred. We told you after the fall fight of Kekepenagliesek that the English would come with the Nation of Iroquois to revenge themselves. You opposed it, and said they should not, and yet they did, you see whether you are in the right. I had reason to believe it founded on the King's word: who could ever think that he should forge such a falshood and how should I then answer rightv And it was to make good their false designs that they came here to shew themselves as master of your land (contrary to my expectation) where they would not have a Romish priest to dwell. And if they did not burn the Church, it is because I did send them word in your behalf, that if they should burn it, you would burn all their temples etc. They hearken to all my reasons aforegoing, but follow their own. They design to quit the village for a fortnight, and to go five or six leagues up the river, they proposed it to me, and I have given my consent. When I spoke to them on such an occasion, I declared my thought without obliging them to follow the same: but declared to them that I was ready to follow their own. It is but a few days since we came to the village and the last one arrived this morning. The day before yesterday arrived a party of the Becancourians being nine in number, but I have no dependence on them. But my dependence is upon Kgnagons, the former being favourers of the English. Yesterday 12 or 15 Pannaganskeins, four Hurones with one wounded arrived here almost starved. Therefore they must be supplied tho' the corn is not ripe. They must take it as it is, for we are almost reduced to a famine, provisions being so scarse. As for myself thro' the Grace of God I have gathered in the most part of my field, and husked the same, which is now a drying; for I can expect none or very little from the salvages. Three Hurones are this morning to depart, and go into the war with Becancouriens; the Pannaganskeians desired the Hurones to carry away their wounded. Say they, you seek nothing but scalps; there is five which we give you. They have had some likewise in this village, and are to depart to-morrow morning. My own people are also to depart, and are now deliberately consulting whether they shall joyn with the Bicancouriens. Ratio dubitandi est. That the Garinakiens have not acted against the English save one of them, that the English should have no occasion to complain of them; for Kgnagans who is of this village has all along been with them. The Garinakiens said when my people came to war that they joyn with the Narridgwalks who follow the English very close by frequent discharge of their peices when the others keep at a distance, and when they return they would take all the honour of the war to themselves, which is very displeasing to my people, who are deserving of the true honour. Therefore they conclude to go by themselves in different parties as I had advised them. It is therefore for the same reason that they did let the Hurones go by themselves. At their arrival here, there was a party ready to embark; and I advised my people that two of them should go as a guard to the Hurones and Gsanmiges and Mathieu are to joyn them. But my people come and tell me that the Hurones being in company with them before used to say in Canada that the Narridgwalks were but women in the war etc. I am sure said I that is a calumny that the Hurones cast upon them, they have no reason to say any such thing. They have seen you in the action and you have given them several scalps etc. But they know the way and tell us every spot, however let them go by themselves. I just now received a letter from Father Loverjat with four codd fish out of eight that he sent me. The Bears have eat four by the way, and said it was a case of necessity being for want of provisions. Tho' their village is full of codd fish out of 15 or 16 vessels they have taken: The Father sent me word that by a suitable opportunity he shall send me more, and that they have newly taken three vessels and killed ten men, some on the spot and others by reason they revolted from those who had spared their lives etc. They have attempted to burn the Fort St. George by two fire shipps or vessels, but for want of wind they miscarried. The fire began to take the wood part of the fort, whereupon they heard the English make a great cry and lamentation, some of them coming out of the fort to attempt to extinguish the fire, which the Indians could not kill by reason of their being posted on the contrary side, they not foreseeing that the English could come out of the fort on that side. The fire of one of the vessels went out soon of itself and the English had it. After that nine of the Indians went off in a vessel, where they were attacked by two English vessels they engaged for some time; and the Indians having no more powder attempted to board one of them, but they shunned it. Wherefore the Indians were obliged to retire. Eleven other Indians went in a vessel and espied two English vessels in the road and went to plunder them, but seeing they were full of people and themselves not able to stand them, did save themselves by swimming ashoar and leaving their vessel. Says the Father, I attribute their bad success to their ungratefulness to God and their disobedience to me. A vessel said he which comes from Mines for to bring us provision said that an Englishman assured him that they had a very great inclination for peace at Boston; and he doubted not but it would be concluded the next fall, which appears very probable because a vessel which went from hence to Boston to bring a ransom for the prisoners that are here is not returned, notwithstanding the time is a great deal expired, and I have answered them that that did not agree with the Council D'Orange that were resolute to keep their land. I further said that I would never permit my people to receive a ransom for those they take; for there is not one but would ransom himself, and if we should hearken to it, the English would never think to return the land for the loss of their people, that they would easily buy etc. The Father Loyard wrote to him that his people with L'Mickemacks have been in two parties to make an attempt upon the English at Port Royal; one of those parties attackt the fort itself, where they did kill six men, and burnt two houses after they had plundered them, the other party is not as yet returned back. My people are absolutely willing to return to those forts where one of our brave champions was killed in the last party. I am very glad that Mr. L'Intendant hath accepted my present. They have brought me my Chocolate. The two bills that James was to have brought with him was cast away by over-setting a canno etc. As for the remaining part you keep for me may be it troubles you as much, as it would trouble me if I had it. The Father Dupy had a warehouse where I put all the woolen linnen shot and powder as well as the blanketting and gun you got for me. Since the canno of the Hurones was here I added those things to his merchandise for him to make the best profit. As for me I am contented and I think well paid. The wine shall be put in the cellar to be mixt with that of the House. If the tobacco were here it should be put into the magazine etc. Translation. 4 pp.
740. xiii. Lt. Governor and Council of Massachusetts Bay to the Governor of Rhode Island, 28th Oct., 1724. Ask for assistance in prosecuting the war. Copy. 2 1/2 pp.
740. xiv. M. de Vaudreuil to Lt. Governor Dummer, Quebec, Oct. 29, 1724. I am surprised that you have not seen the safeguard and the Commission I had given to Father Rallé sooner. The Abanekis Indians your neighbours with whom you have always been in war having submitted themselves to France, embrace the Catholic religion and declare war to you every time France and England have had any quarrel together; I say all this ought to have put you in mind or convince you that it was not without orders of the Most Christian King that the Jesuits were among the Indians and preach the Gospel to 'em. If you had forgotten it, the many letters I have written to your Governor about it since the last war between you and the Abenakis Indians ought to have put you in mind of it. No doubt but you are to answer to the King your Master for the murder committed by your order on the French Missionary on whose head I know you set a price, and had no other reason to be so animated against, only because he has done his duty in teaching those Indians etc. You tell me that you took the opportunity of the safeguard I had given to Father Rallé to let me know for the second time that the Naraudsonac and Panoaramesques Indians were indisputably subjects to Great Britain and on their lands. Give me leave to tell ye Sir, that what you say is not maintainable. Don't you know that St. George's River was in 1700 by order of the two Crowns marked as the bounds of the English and French lands; by which bounds it is plainly seen that all the district of Penamoesque was given to us, and shows the injustice you have committed against the French, to build as you have done, and without leave a fort on the land of one Lefeavre, of which enterprize if you don't desist, you will infallibly repent. Don't you know that sd. Lefeavre had an habitation at Kosanoveskact, that your sloops and ours did pay a duty to him as to the Proprietor of that land every time they came to anchor there. I believe that Mr. Capon (Envoy of England when King George came upon the Throne, who came here to ask the Panoamesque Indians to submit themselves to England) has not imparted to you the answer those Indians made to him, tho' they did give him two copies of it in writing. Their answer was that they were French from the beginning, and in the interest of France, that they were surprized they made such a proposition to them; that they would never change their religion King nor interest, and were offended they should make such a discourse to them, when they knew very well their union with France, of which they look on themselves as children and subjects. That answer (if Capon does not lie that it was to be sent to the King and Parliament of England) will shew plainly Sir the unreasonableness of your pretension to those Indians. As to those of Naransonac, you flatter yourselves with certain particular deeds by virtue of which you pretend they made over their lands to ye; but how can we believe ye since the whole nation exclaim against those particular Indians (whom they pretend you have suborned) that had no authority to give you that deed, for the first fort, built by your order upon Narancsonac land, you said to the Indians that were against it, or opposed it, that you did not pretend to be master of said forts, that they were built only against the pirates that might otherwise take away the goods you had a mind to send that way to trade with them. After you had by unlawful means built those forts, you spoke very imperiously and thought yourselves able to subdue the said Indians. But it is just that which has brought you to the confusion and trouble you lie under, from which you will have much ado to extricate yourself. You have in so doing provoked the Narancsonac Indians against you, seeing you had a mind to use them as your subjects, and even slaves, whilst they would have no other relation with you, but what follows from trade among nations. You may judge of the truth of what I say by the letter you took about three years ago at Father Rallé's house, when you plundered it against the laws of men. You will see in that letter that the Naransonac Indians used to come every year to me to complain of your new attempts, and that you had a mind to make them turn to your side whether they would or no, which they were resolved not to suffer. You had more need to ask my advice before you invaded their lands (which I should never advise) than I to ask you leave to answer the first complaints of the said Indians, that since they would not turn to your side it was their interest to defend their land and drive out those that would invade it. It would have looked very unseemly for me Sir, if for to please you, I had occasioned the said Indians to turn from the French with whom they have and will live lovingly together, and sacrifice them to you. If I had, I should have broken the last Treaty of Peace, which orders us to have a regard for the Indians, either friends or allies to France etc. and to do nothing to molest them. Know therefore Sir, that if I did order Father Rallé to tarry among them, it was to conform myself to the said Treaty. Nothing could afflict the said Indians more than to see their father or priest taken away from them, whilst on the other side you did endeavour to take their lands. You must blame nobody but yourselves for all the violence and hostilities those Indians have committed against your nation, since you are the cause of it in invading their lands, and presume to make your subjects those people that never would consent to be your allies, who being united to France have declared themselves against your nation. I cannot help taking their parts in this, to let you know you are in the wrong to fall out with them as you have done. You have by that means drawn upon yourselves a great number of Indians from every side who to revenge the injustice done to those do fall and will fall upon you hereafter. If you had imitated the Governors of Boston your predecessors, contented yourselves with trading with the Abenakis, and had built no forts on their lands, all this Continent would have been at peace. Wherefore I again represent to you that, to procure peace among yourselves and the people you have justly provoked by your unjust attempts, you should pull down all the forts you have built upon their land since the Peace of Utrecht. If so, I promise you afterwards to be your mediator with the Abenakis, and those that help them, and oblige them to lay down the hatchet etc. I am not so scared at your threatnings to see nations that are (as you say) ready to fall upon us to revenge your cause, as you ought to be yourselves, for the fault you have committed against France in endeavouring to take their allies from them etc. The cruelty committed by your order on the person of Father Rallé I leave to the two Crowns to decide on the justice (or punishment) that is to be made, having been obliged to give an account of it to the King my Master. Signed, Vaudreuil. Corrected translation. 1 1/2 pp.
740. xv. Duplicate of preceding.
740. xvi. Resolution of the Council and Assembly of the Massachusetts Bay upon the instructions for the Commissioners to be sent to M. de Vaudreuil, to demand English captives etc. 11th Nov.—Dec. 23, 1724 (v. No. xix). Copy. 3 1/2 pp.
740. xvii. Journal of Commissioners referred to in preceding. 26th May, 1725. 3 pp.
740. xviii. Lt. Governor Dummer to Lt. Governor Wentworth, 1st Dec, 1724, enclosing vote of the General Assembly for despatch of Commissioners to M. de Vaudreuil from each of the neighbouring Governments (v. No. xix). Copy, 1 1/4 pp.
740. xix. Same to Lt. Governor Joseph Talcott, Boston, Dec. 1st, 1724. Reply to the General Assembly of Connecticut, who answered the request for assistance to the Massachusetts Bays with enquiries as to the grounds of the war etc. Encloses copy of the Proclamation of the War and Memorial to the King on that point. Communicates vote of Assembly for despatching Commissioners from the several Governments to Canada to demand delivery of English prisoners brought in by Indians, and the withdrawal of M. de Vaudreuil's countenance and assistance of the Indian enemy in violation of the Treaty of Utrecht etc., acquainting him that otherwise, if our friend Indians who have hitherto been with difficulty restrained should in pursuit of the enemy Indians commit like hostilities upon French families as have been committed by French Indians upon the inhabitants of this Province, the blame will be his. The Commissioners likewise to inform him, that if the Indians persist in this war, the several English Governments will with their united force prosecute and pursue them to the uttermost. Signed, William Dummer. Copy. 3 pp.
740. xx. Same to Lt. Governor Cranston. Boston, Dec. 1st, 1724. Similar communication to the Government of Rhode Island. Copy. 3 1/2 pp.
740. xxi. Same to Governor Burnett. Boston. Dec. 1st, 1724. Similar communication to the Government of New York. Copy. 2 1/2 pp.
740. xxii. Resolution of the Council of New York, Dec. 16, 1724. Committing hostilities within the territories of the French King would be in effect commencing war against him, contrary to the Governor's Instructions. War could not be carried out against the Eastern Indians without the Assembly for voting money for that end, and the Assembly have already given their sentiments on that point, 5th Oct. 1722. Copy. 4 1/2 pp.
740. xxiii. Lt. Governor Talcott to Lt. Govr. Dummer. Hartford, Dec. 22, 1724. Reply to No. xix. Has advised with what Members of Council he could at this season. Proposes that the Governor of Canada be urged to use his influence to quiet the Indians. Cannot comply with the request of the Massachusetts Bay without calling an Assembly. Continues: And if I should call our Assembly together (who can only authorise a person to go upon the errand you mention) I fear the same scruples (as when Col. Stoddard was with us) will still be started which were principally two, First that the Indians had been wronged in their lands, Secondly, that the hostages received by your Government of the Indians were only to secure the payment of some beaver which the Indians say they have since paid and therefore the war not just on the English side. These things our people have had confirmed to them by many persons (and some of distinction) of your Governmt. I would charitably hope these reports are wholly groundless etc. In order to satisfy our Assembly it may be best to send me the fullest accounts that may be come at etc. Signed, By order of the Governor, Hez. Wyllys, Secretary. Copy. 3 pp.
740. xxiv. Narrative of the treaties and dealings with the Eastern Indians 1693—1721, showing how they had broken their engagements and killed H.M. subjects before the war was proclaimed etc. Passed by the Council and Assembly, Mass. Bay, Dec. 14, 1724, and a copy ordered to be given to the Commissioners from Rhode Island sent to confer upon joining in the said war. Copy. 4 1/2 pp.
740. xxv. Lt. Governor Dummer to M. de Vaudreuil. Boston, Jan. 19, 1724 (5). Reply to letter of Oct. 29th. As to his complaint of the death of Father Rallé, describes his activities as March 25 infra. Continues: None can be blamed but himself etc. I think I have much greater cause to complain that Mr. Willard the Minister of Rutland (who never had been guilty of the facts charged upon Mr. Rallé, and applied himself solely to the preaching of the Gospel) was by the Indians you sent to attack that town assaulted, slain and scalpt, and his scalp carried in triumph to Quebec etc. As to the claim of Penobscot, I have no difficulty to answer to each point etc. and as to Mr. Capon, you labour under a very great mistake to mention him as an Envoy of England, he being only an inferiour officer, Commissary or Victualler to the Garrison of Annapolis, and some time after that was yielded up to the English, sent to by the Lt. Govr. of that place to visit the French settlements within that district, and to require an oath of allegiance and fidelity from them to Queen Anne; but he had no occasion to come and entice the Penobscot Indians to submit themselves to England, for they as well as the Norridgewalk Indians and many other tribes had done that long before even in the year 1693 at a Treaty of Sir William Phipps, by which Treaty, I can make it appear, that they not only submitted themselves as subjects to the Crown of England, but also renounced the French interest and quitted claim to the lands bought and possessed by the English; But since King George came to the Throne, Mr. Capon has not been in those parts at all etc. As to St. George River being the bounds and La Fevre's pretended right it seems very wonderful you should make any mention of those things or lay any wreight upon them at this time when if the case were formerly as you now represent it, which I do not allow, all such claim and pretension is wholly supcrcccded, and at an end etc. Quotes Treaty of Utrecht XIIth Art. Continues: Whereby the French King quitted all right not only to the lands, but also the inhabitants of L'Accadie etc And we are not ignorant how far the French King understood the countrey of L'Accadie to extend Westward by his patent granted to Monsr. D' Auney tho' you seem to be a stranger to it. As to the whole Nation of the Indians exclaiming against some of their tribe, as pretending they were suborned to give deeds for their lands, if it be matter of fact, that they do so, which is hard to be conceived, it is a most unjust imputation, and must argue a wonderful deceitfulness and self-contradiction in them, since they have upon all Treatys when the whole Tribes were together constantly acknowledged and submitted to the English titles and possessions, which they had by honest and lawful purchase acquired. As to the building of forts anywhere within the British Dominions I suppose you will not scruple to acknowledge that the King of Great Britain has as good a right to erect fortresses within his Dominions, as the French King has in his. And therefore when you shall please to give me instances of that French King's applying himself to the Indians for leave to build a fort or forts for the defence of his subjects, I shall then give you a further answer etc. We have always treated the Indians with sincerity, [but] never thought it proper to make apologies for building forts within our own jurisdiction (as you insinuate) but on the contrary in all our Treatys with them have ascerted our undoubted rights so to do. You likewise signify that we must blame nobody but ourselves for the violence and hostilities committed against our Nation by the Indians. But Syr, if the blame must lye where it ought I must impute their outrages, falsness and ill conduct towards us, not so much to their own inclinations, as to the instigations of the Jesuit Rallé and others under your Government, whereof we have had sufficient information from time to time, as also of your own forcing the Indians against their wills upon our frontiers to destroy and cut off our people which cannot be otherwise looked upon than as a direct and notorious violation of the Treaty of Utrecht etc. Nevertheless Sir, I have much greater inclination to live in amity and good correspondence with you than otherwise; and therefore I have sent Collo. Samuel Thaxter one of H.M. Council and Collo. William Dudley one of the House of Representatives who are commissionated to confer with you pursuant to such instructions as they have received from me; and I desire that you will give credence to them accordingly. Signed, Wm. Dummer. Copy. 3 pp.
740. xxvi. Accounts of the Treasurer of H.M. Revenue of the Massachusetts Bay, 1723. Signed, Jer. Allen. Endorsed, Reed, from Col. Shute, 6th Feb., 1723/4. Copy. 58 pp.
740. xxvii. Declaration of Samuel Jordan, Indian Interpreter, who went with the Commissioners to Montreal etc. in 1725 (v. No. xxv supra). See Minutes of Council, Mass. Bay, 28th May, 1725. Copy. 7 1/4 pp.
740. xxvii. Deposition of Daniel Goold, master of the Schooner Mary of Marblehead, 26th June, 1725. On 22nd June, 1724, being on a fishing voyage near Fox Islands near Penobscot, a number of Indians with one Frenchman who said his name was Castien came on board the schooner in canoes in an hostile manner and captivated the deponent and all his company and killed one of his men and shot and wounded three more, of which company they carried four into Penobscot, three of them to Quebec, where the French received the Indians with manifestations of great joy, feasting them two days together. Deponent saw said Indians divide a barrel of powder with proportionable ball and flints amongst them, which they said was to furnish them to goe against the English. He was informed by an English prisoner at Canada that the Indians burnt at Penobscot an English captive because he did not doe as they would have him when they went against George's Fort. Signed, Daniel Goold. 3/4 p.
740. xxix. Deposition of Samuel Harris. Recounts similar experience to preceding of the schooner Sea-flower, Joseph Wallis, master, upon same occasion. The Indians killed on board this vessel and others in company with them 22 men, and captivated 23, of whom 18 were wounded. Continues: And so we were all carried to Penobscott, and after eight of us were carried from thence to Quebeck etc. Corroborates preceding. Signed, Samuel Harris, his mark, 3/4 p.
740. xxx. Commissioners from Massachusetts Bay and New Hampshire to Canada (v No. xxv supra), to the Commissioners of the Indian affairs in Albany, 1725. Recount, for the benefit of the New York Government, their reception by M. de Vaudreuil. M. de Vaudreuil said our demand (v. No. xxxi) was not like the request he had received from New York, praying him to restrain those Indians from meddling with that Province, which he had done. He was very angry that the Government of New York should pretend to build any fortification on or near the River Onontaga and told us that he should look on such a proceeding as a violation of the Peace, and would certainly demolish any such building, and accordingly M. Longuile, who is the second man in the Government of Canada is gone up into the Onontagas and Senecas country with a considerable detachment of French souldiers, which can nowise tend to the continuing the Five Nations in their allegiance to King George etc. M. Vaudreuil told us frankly and plainly that he could at any time sett the Five Nations of Iroquois on the English and cause them to kill and captivate the subjects of the King. He has so far instigated the Abenaques to make demands on the Government of the Massachusetts of 30 leagues on the sea coast all within the grant of that Province, and in which has been settled several towns and many hundred inhabitants and forts built by order from home and some of it possessed upwards of fourscore years etc. On our asking those Indians how far their demands were eastward, their answer was in the presence of Governour Vaudreuil the whole country of L'Accadie or Nova Scotia, excepting only the fort of Annapolis Royal. These unreasonable Indians were countenanced by the Governour and a numerous company of French. The said Indians told us plainly they would have no peace with the said two Governmts. unless all the said land was delivered up, the fort demolished the church at Narridgewalk rebuilt the plunder there taken returned and their priest restored to them who was killed in that action at the head of our Indian enemy as he had often been before. We demanded an answer to our proposal made to the Governour of Canada in writing to prevent any mistake he answerd that he would not give any such under his hand tho' at the same time he said he had not encouraged the Indians in the War etc. On our demand for the captives he answered as for those in the Indians' hands he would do nothing as for those in the French hands we should have them paying what they cost and we could not have them without purchasing of them at any price their masters were pleased to demand and the purchase consideration in many exceedingly advanced from the first cost, by all which it appears what abuses hardships and intolerable burthens H.M. good subjects lye under being used more like brute creatures than men and Christians, and calls aloud upon all men under the same King to lend a helping hand to get the aforesaid Governments out of this unjust war. Signed, Saml. Thaxter, Wm. Dudley. Copy. 2 1/2 pp.
740. xxxi. Demands delivered by the Commissioners from New England to the Governor of Canada, 1725. Demand, (i) delivery of all British subjects taken by the Indians in the present war, now detained in his Government, also all prisoners taken by Indians under his authority within three years past. (ii) The withdrawal of any countenance or aid to the Indians in the present war. It is an open violation of the Peace of Utrecht for any Governor to instigate any of his Prince's subjects to molest the subjects of the other Prince. That he has thus done, or permitted to be done by the Indians that do actually reside within his Government is notorious, witness the many poor prisoners and scalps of innocent people those Indians now have. Continue: The aiding and exciting or suffering any of the French King's subjects to be aiding or abetting the Eastern Indians in their crueltys and barbarities on King George's subjects is an open and manifest breach of the good agreement between the two Nations. That this has been done by your Lordship's directions, we do prove by his letters to our Governor, by the Intendant's letter and by several of the letters of the Priest Rallé and which cannot be denied. Those Eastern Indians certainly dwell either in the King of Great Britain's Dominions or the Territories of the French King. In either case the violation of the Peace is flagrant etc. That they are under the Crown of Great Britain is shown by the 12th Article of the Peace of Utrecht, the boundaries of L' Accadie being well known to extend to the English Dominions etc. Conclude: And altho' the Governments have not as yet exceeded their limits in the pursuit of these Indians, if they don't come to their right mind and submission we cannot be responsible for any mischiefs that may happen even to the French Kings subjects if the(y) reside with, abett or are found stiring the Indians up in their unjust proceedings. And we must remark to his Lordship that some of the French King's subjects have been at the head of the Indians in their acts of hostilitys, witness Monsr. Rallé's letters, and the last clause in Mons. Begon's to Rallé. Signed, Saml. Thaxter, Wm. Dudley. Copy. 2 1/2 pp.
740. xxxii. French receipts for ransoms of English prisoners for (1) 200 livres for Daniel Goode, of N.E. 29th April, 1725.
(2) 300 livres for another unnamed. 12th June, 1725. French. Copies. 2 pp. [C.O. 5, 869. ff. 92–201.]
Sept. 30.
741. Duke of Newcastle to Lt. Govr. Dummer. Col. Shute having some time since presented a Memorial to H.M. containing several articles of complaints against the House of the Representatives [of the Massachusetts Bay], for having made divers encroachments on H.M. Royal Prerogative, and all parties concerned having been fully heard thereupon, the Lords of the Committee of Council made a report upon the whole matter to H.M. in Council, who was pleased to approve thereof, and to direct an explanatory Charter to be passed, in order to prevent any doubts or mistakes, by which the said House of Representatives might hereafter be misled. The sd. Charter having accordingly passed the Great Seal, I herewith transmitt the same to you, together with a copy of H.M. Order in Council, wherein is contained the said report etc., by which you will see the reasons, which induced H.M. to order the passing the said Charter; and they are so fully explained in these papers, that I need only refer you to them for your information, and that you may make such use of them as you shall judge most proper for obtaining the ends proposed. But I cannot conclude this without observing to you, that as to the several other Articles of complaint, which are contained in the said report, and of which no mention is made in the explanatory Charter, H.M. was very much concerned to find, that the charge against the House of Representatives was so well founded as it appears to be; and therefore I must earnestly recommend it to you to use your endeavours that a due obedience be paid to H.M. Prerogative and authority, in all respects for the future. Signed, Holles Newcastle. Memorandum of dispatch of above, [C.O. 324, 35. pp. 151–53.]
742. Lt. Governor Hope to the Duke of Newcastle. Encloses list of six persons to supply vacancies in Council etc. Continues: I beg your Grace will be pleas'd to appoint Capt. John Butterfield to succeed Capt. Samuel Rayner decd. Encloses trial of a vessel "seiz'd here by the Collector of Customs for having clandestinely put on shoar tobacco by negro slaves, with which she was navigated." Continues: So that tho' the fact was notorious, yet there cou'd be no evidence for the King. The Collector by my advice and direction, libell'd the sloop for being navigated contrary to law, having had but one sailor, and all the rest negro slaves. The Judges of the Admiralty have both acquitted her and condemn'd her, in my opinion as the sentence itself will declare if examin'd. In my letter of 20th Nov. last, I have given your Grace an account of the capacity of our Judges; and I am sorry that I cannot here say something in favour of their integrity which till now I never suspected. By the appendix to the tryal their partiallity is but too flagrant, nor do I believe that ever any Judges before these have refus'd to record the King's evidence. Were the reason of their acquitting of the vessel true, (as it is not;) yet the Laws of Trade do declare all by-laws, usages and customs in the Plantations, which are anyways contrary or repugnant to the Laws of Great Britain, null and void. It must indeed be own'd, that in one manner of acceptation, it has been the custom of these Islands to navigate their vessels with more negro's than the laws do allow of, but that is only in the same manner as pyracys and illegal trade has been the custom of these Islands: For by the Records now in the Secretary's Office from whence sailors clear'd out, it is manifest that all vessels have been regularly navigated and clear'd out to appearance, except such as may have been connived at in the Governors absence, who always leave blank clearances with the Office on such occasions. What is meant by appearance is, that all vessels do clear out a number of mariners sufficient to navigate the vessel anywhere; but they generally take three or four slaves besides, and this is a common practice at this day when they go agathering of salt at Turks Islands, etc., where when they arrive the white men (as they call their sailors) are turn'd ashore to rake salt where often they do continue for ten or twelve months on a stretch; and the master with his vessel navigated by negro's during that time goes a marooning; that is to say, fishing for turtle, diving upon wrecks, and sometimes trading with pyrates. If the vessel happens to be lucky upon any of these accounts, Curracao, St. Eustatia, St. Thomas's, or the French Islands, are the ports where they always are well receiv'd without any questions ask'd; and if a good price is offered the vessel generally goes with the cargo; if not they return and take in their white sailors with salt from Turks Islands, and under the covert of their old clearings from hence they proceed to some of the northern Plantations. This is that custom upon which the Judges have acquitted that vessel, but for what reason they qualified their sentence with taking of security before an appeal was craved, is past my comprehension. The Collector of the Customs has appeal'd to the High Court of Admiralty, for the reasons contained in his letter here inclos'd etc. The value of the seizure is so insignificant, that it is scarce worth the while of prosecuting the repeal of the sentence; But the behaviour of the Judges, and the bad consequence that may attend such illegal practices and navigation, is the reason of my representing of it to your Grace. In my letter of 23rd June last, I gave your Grace an account of the behaviour of the Provost Marshal, whom I had order'd either to officiate himself or to appoint a Deputy, his two sons excepted, the first of which proposals he then accepted of, and did endeavour to officiate which at last he and I agreeing that he was incapable of officiateing, induc'd me to accept of a Deputy not much better qualified than himself, etc. Refers to enclosure. Much about that time I was informed that he (the Provost Marshal) was going thorough the country talking very oddly of my administration, and complaining of severity towards him; and upon further enquiry, I found that there was two papers handed about the country for the inhabitants to set their names to, the one a vindication of his character, whereof I send your Grace a copy inclos'd of the first draught wrote by his son, as likewise his son's confession of what he knew of the other paper, which was a subscription or contribution in order to carry him, or this son of his, home, to defend his character, and to complain against the Governor, for interrupting their trade and navigation. I had pretty good intelligence in whose hands it was, and had laid a design to seize it, when Jonathan Outerbridge Speaker of the Assembly sent me (begging your Grace's pardon for the expression) this impertinent letter, No. iii, which I own startled me a little, and obliged me to call for the Council: I was by them given to understand, that this Jona. Outerbridge was a man of as disapointed head, having once actually been distracted; so that I took no further notice of him, than by sending an answer to his letter (v. encl.). But by this accident I was disappointed of making myself master of the original paper, which the fellow in a fright, tore; nor have I as yet got any other light into it, than what Richd. Tucker has confess'd in hopes of being forgiven. (No. i). I shall leave the matters of fact to speak for themselves etc. This last attempt of the Provost Marshal's, is but the convulsive pangs of an expiring party which took life here 22 years ago, through the intrigues of Edward Jones etc. This is nothing but a concert betwixt Jones and Tucker etc. As to what regards myself, it's not in my enemy's power to hurt me: as to what regards the peace and good Government of this little Colony, I have already acquainted your Grace, that I do not think it in my power to punish this man (the Provost Marshall and Secretary) as he deserves. Signed, John Hope. Endorsed, Rd. Aug., 1726. 4 3/4 pp. Enclosed,
742. i. Deposition of Richard Tucker, 26th Sept., 1725. In July last, deponent invited Daniel Durham to obtain contributions for the better enabling of his father, George Tucker etc. Signed, Richd. Tucker. 1 p.
742. ii. (a) Draught of a testimonial that George Tucker has faithfully discharged his duties etc. 1 p. On back, (b) Deposition of Richard Tucker, 26th Sept., 1725. By the desire of his father, deponent drew the above paper as a rough, and never delivered a copy thereof to any person. 1/2 p
742. iii. (a) Jonathan Outerbridge to Lt. Governor Hope. Orgt. 28, 1725. If you wood call the Asemble ye furst tusday in the nex month I belefe yt. they wood set forth ye a grevance of ye cuntre in being debared of claring negroes for part salers according to former costom etc. This being laid before your Excelense and Consel for your cunkurance if you concurd yt wood be stopt and if any man is acus'd of a clandastan trade not to put the master or owner in gale for if thay dont appare before the Cort of Admiralte at ye appinted judgment will sertinly be prononced agin them, and if thare is any quarel betwene a man and his wife lett them go to ye justes for justes. I bege that you will be reconsil'd with Capt. Tucker and lett him maike which of his sons you ples his debete for I persefe the cuntre is inclind to belefe you stricke att the inhabiytance to perfur strangers etc. and I cant but ofen say it is better to hafe a good Gufener 20 yares then to hafe 3 or 4 in the same space cud thay be all good, Sr., what is don must be don quickliy etc. P.S. and don't debar ye Justeses from puting the laws in exekution for that is an inkuragement to sinn saying dew but petishon and we shall be forgifen. Signed, Jona. Outcrbridge. Copy. 1 p.
(b) Lt. Governor Hope to Jonathan Outerbridge. St. Georges, 30th Aug., 1725. Reply to preceding. I did not think it proper to answer your letter until you had explained some of the particulars before me in Council. As to the first grievance, the law must take its course. As to the second, the two Lushers have been guilty of clandestine trade, and by their own confessions of felony, and must both be tried by a Court of Admiralty and at the great Assizes. They can come out from prison when they please upon giving good security for their appearance etc. As to the man and his wife, which you own to be Edwin Stone, I am Ordinary of these Islands. As for my being Governor etc. I don't like being threatned nor am I easily frighted. As to the postscript, I have suspended the punishment of that poor wretch, Mr. Burton's daughter, out of compassion to the afflicted parent etc. The stile of your letter is very exotick and no ways suitable etc. but as I believe you meant it well, I do sincerely forgive you. Signed, John Hope. Copy. 3 1/2 pp.
742. iv. Mr. Outerbridge's letter (No. iii) explained. Upon complaint of his wife, that he had several times attempted to kill her, Edwin Stone was bound over to keep the peace etc. Mrs. Burton, daughter to the Attorney General, gave birth to a black child, the punishment for which is a whipping etc. 1 1/2 pp.
742. v. Appointment of John Champlaine as his deputy, by George Tucker, Secretary and Provost Marshal. 4th Aug., 1725. Signed, George Tucker. 1 1/2 pp.
742. vi. Deputy Collector of Customs (Robert Dinwiddie), Bermuda, to H.M. Commissioners of Customs. 26th Sept., 1725. States case of sloop William, Solomon Frith master, v. covering letter. Concludes:—The judges cleared the sloop, on which I have apealed etc. In the body of their sentence they order an appraisement and security for sloop and cargo, long or I apealed etc. 2 1/2 pp.
742. vii. List of six persons fit to supply vacancies in the Council. John Butherfield Captn. in the Militia, a man of admirable natural parts, great modestie, and good estate. Francis Jones Esq. Captn. in the Militia, has the best landed estate in these Islands, and very good understanding. Perient Spafforth, a man of a good estate, has hitherto followed the sea, with ane unblamable character. John Darrel Esq., one of the Judges of King's Bench. Moor Darrel, Justice of the Peace, ane honest man. Perient Trott, Justice of the Quorum. Bermuda, Sept. 22, 1725. Signed, John Hope. 1/2 p.
742. viii. Copy of trial of the sloop William, for being navigated contrary to law etc. (v. covering letter and encl. vi). Bermuda, 10th-20th July, 1725. It was argued, in defence, that negroes were H.M. subjects, and that it had been the usual custom for many years past to clear out negroes as sailors. The sentence of the Court is that the vessel has been duly and lawfully cleared and navigated according to law and the usual customs of these Islands for many years past. The libel is dismissed and an appraisement of the sloop ordered to be made in case this sentence be reversed etc. Application for appeal granted. William Outer-bridge and Henry Tucker, Judges of H.M. Court of Admiralty, Bermuda. 14 3/4 pp.
742. ix. Deposition of Robert Dinwiddie, Thos. Burton, Edm. Bromwich, and John Carver. The deputy Collector in his arguments and pleadings in above case desired of the Judges that some affidavits (following) might be read. The Judges answered that those affidavits were no evidence to them etc. One of the Judges ordered Mr. Richard Tucker, Regr. of the Court, not to record anything but what was by their order. Signed, Robt. Dinwiddie, Thos. Burton, Edm. Bromwich, John Carter, 3/4 p.
742. x.–xii. Examination and depositions of Solomon Frith, Henry Johnson, John Joell, Searcher, as to the voyage and cargo of the William sloop etc. 26th June, 1725. Signed, Solomon Frith, Hen. Johnson, John Joell, 3 pp.
742. xiii. Deposition of John Carter, naval officer, and Samuel Smith, Searcher, as to their seizure of tobacco at Spanish Point. 5th July, 1725. Signed, John Carter, Sam. Smith. 1/2 p.
742.xiv. (a) Deposition of Richard Tucker, Registrar of the Court of Admiralty, Bermuda. The annexed papers were produced at the Court, but deponent never had any orders from the Judges to record them. Signed, Richd. Tucker. Copy 1/2 p.
(b) Deposition of Jehosaphat Welman, master of the sloop Rose of Bermuda, bound for Madera. All his nine men are H.M. subjects. Signed, Jehost. Welman. 24th Nov., 1724. Copy. 1 p.
(c) Deposition of John Carter, Naval Officer. When a Mediterranean pass of Jehosaphat Welman was produced by the defendants at the above trial, wherein negroes are mentioned as H.M. subjects, deponent offered to produce the above deposition (xiv b), pursuant whereto said pass was filled up, but his offer was disregarded. Signed, John Carter. Copy. 1/2 p.
(d) Order by Lt. Governor Hope to Richard Tucker, to enter preceding affidavits amongst the proceedings on the trial of the sloop William etc. 24th Sept., 1725. Signed, John Hope. Copy. 1/2 p. [C.O. 37, 28. Nos. 34, 34. i–xiv.]
Sept. 30.
743. Lt. Governor Hope to the Council of Trade and Plantations. Duplicate of preceding letter to Duke of Newcastle. Signed, John Hope. Endorsed, Recd. 28th, Read 30th June, 1726. 5 pp. Enclosed,
743. i. Duplicates of vii–xiv preceding. Same endorsement.
743. ii. Minutes of Council of Bermuda relating to the behaviour of George Tucker, Secretary and Provost Marshal etc. 4th May-21st June, 1725. 28 3/4 pp. [C.O. 37, 26. No. 37 (enclosure ii only); and (without enclosure ii) 37, 11. ff. 231–234, 235v–246v., 247v., (and abstract of covering letter) 37, 24. pp. 27, 28.]