America and West Indies: February 1730

Pages 19-37

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

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February 1730

Feb. 2.
St. James's.
41. Order of King in Council, Confirming Act of the Leeward Islands, for raising a tax on negroes for erecting a courthouse etc. Signed, Ja. Vernon. Endorsed, Recd. 30th May, Read 4th June, 1730. 2⅓ pp. [C.O. 152, 17. ff 140–141v.]
Feb. 2. 42. H.M. Warrant appointing Philip Courtland to the Council of New York, and dismissing Lewis Morris. Counter-signed, Holles Newcastle. [C.O. 324, 36. p. 193.]
Feb. 2.
St. James's.
43. Col. Dunbar to the Duke of Newcastle. Has taken a long journey through the woods in N. Hampshire and the township 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 encouragement 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 informations, 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 informer; 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 whole made good to him by his confederates for not discovering 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 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 standing trees fitt for H.M. service are marked with the broad [symbol] 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 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 Gentlemen's assistance soon to putt a stop to the destroying the masts etc. In my last journey through the woods I have seen innumerable 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 25s. 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 of the Lords of the Admiralty, extract of Col. Dunbar's letter and Proclamation. Signed, J. Burchett. Endorsed, Recd. 3rd Feb., Read 6th May, 1730. 1 p. Enclosed,
44. i. Extract of letter from Col. Dunbar to Mr. Burchett. Duplicate of Dec. 10, 1729. 1 ¼ pp.
44. ii. Copy of Col. Dunbar's Proclamation (v. Dec. 10 encl. i).[C.O. 5, 871. ff. 96, 97–99v., 101v.]
Feb. 3.
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 undertaker, 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 undertaker, 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 reimbursed. 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 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 applications 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, Recd. 21st March, Read 6th May, 1730. 6 ½ 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. 1 ¼ 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 use of by hawling 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. ½ p.
45. iii. Col. Westbrook to Lt. Gov. Wentworth. Portsmouth, 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, Recd. 21st March, 1729/30. Copy. 5 ½ pp. [C.O. 5, 871. ff. 102–109v.]
Feb. 3.
46. Council of Trade and Plantations to the King. Your 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. f. 13.]
Feb. 4.
47. Mr. Popple to Governor Johnson. My Lords Commissioners 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 established 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, 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 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 Gentlemen of the Council against whom he declared war, when he undertook to go to England as Agent for the House of Representatives 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 that felo 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 observations 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 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 Protestant people that will go and settle there. Signed, Jos. Wyeth, John Hewlett, Wm. Wragg, and 18 others. Endorsed, Recd., Read 4th Feb., 1729/30. 1 p. [C.O. 5, 361. ff. 48, 48v.]
Feb. 5.
51. Council of Trade and Plantations to the Committee of the 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 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, 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, 1729/30. [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, Recd. 6th Feb. 1729/30. Read 16th June, 1731. ¾ p. [C.O. 5, 972. ff. 208, 211v.]
Feb. 6.
St. James'.
53. H.M. Warrant re-appointing Peter Forbes Provost Marshall, Jamaica, in the room of Alexander Forbes, deceased. Countersigned. Holies Newcastle. [C.O. 324, 50. pp. 6, 7; and 324, 36. p. 194.]
Feb. 8. 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. ixvi. Invoices and correspondence relating to foregoing. Copies. 78 pp. [C.O. 388, 92. Nos. 19, 19 i–xviii.]
Feb. 9.
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, Ar. 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, 90v., 91v.]
Feb. 11. 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, ½ p. [C.O. 253, 1. No. 41.]
Feb. 11.
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.]
Feb. 12.
58. Duke of Newcastle to the Council of Trade and Plantations. 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, Holles Newcastle. Endorsed, Recd., Read 13th Feb., 1729/30. 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. 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 apprehend 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 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 afterwards 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 plundering and ransacking two other English sloops, that then were there, both belonging to St. Christophers, 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 Chapman. Endorsed, In Mr. Burchett's of Jan. 28, 1729/30. Copy. 11 pp. [C.O. 152, 17. ff. 119, 120–125v., 126v.]
[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, Recd. 13th Feb., Read 12th March, 1729/30. 2 pp. [C.O. 5, 361. ff. 55v.–56v.]
Feb. 14.
60. George Jaffrey to Col. Dunbar. Questions as to penalty for cutting down mast trees, etc. Signed, Geo. Jaffrey. Endorsed, In Col. Dunbar's of Feb. 27. 2 pp. [C.O. 5, 10. No. 29.]
Feb. 15.
Port Antonio
in Jamca.
61. Governor Hunter to the Duke of Newcastle. Acknowledges 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 wharfing 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. 2 2/3 pp. [C.O. 137, 53. ff. 192–193v.]
Feb. 17.
62. Council of Trade and Plantations to the Duke of Newcastle. 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.). Continue: 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 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. ff. 44–46.]
Feb. 17.
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, Holles Newcastle. [C.O. 324, 36. p. 195.]
Feb. 18.
Custom ho.,
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, Recd. 18th, Read 19th Feb., 1729/30. Addressed. 1 p. [C.O. 5, 361. ff. 50, 51v.]
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.
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.]
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 ¾ 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. 1729/30. 3 pp.
67. iv. Copy of preceding, with notes as No. ii. Endorsed as preceding. 2 ½ pp. [C.O. 253, 1. Nos. 42, 42, i–iv.]
[Feb. 20]. 68. List of papers relating to Sta. Lucia, which were designed to have been given in from the Secretary's Office, as corresponding with those delivered by the Board of Trade, preceding. Feb. 1729/30. In Mr. Delafaye's hand. 1 ½ pp. [C.O. 253, 1. No. 43.].
Feb. 20.
69. Council of Trade and Plantations to the Duke of Newcastle. 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. Autograph signatures. 1 p. [C.O. 5, 383. No. 39; and 5, 400. pp. 273, 274.].
Feb. 20.
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].
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. III, 76. Signed, Ja. Vernon. Endorsed, Recd. 24th Feb., Read 18th March, 1729/30. 1 p. [C.O. 5, 293. ff. 3, 4v.]
Feb. 21.
St. James's.
72. Order of King in Council. Approving Instructions to 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. f. 437; and 323, 9. ff. 39, 40v.]
Feb. 23.
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 transmitted to them. Signed, J. Burchett. Endorsed, Recd. 24th. Read 25th Feb., 1729/30. Addressed. 1 2/3 pp. [C.O. 5, 871. ff. 13, 13v, 14v.].
Feb. 24.
74. List of papers relating to Sta. Lucia presented to the House of Commons pursuant to their Address of 11th Feb. [C.O. 29, 15. pp. 126–128].
Feb. 25.
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 to his favour and protection the English Copper Mine Co. etc. (v. Jan. 31). Signed, M. Bladen. ½ p. [C.O. 5, 1093. f. 131].
[Feb. 26]. 77. Petition of Daniel Hintze to the Council of Trade and Plantations. Memorialist's father, who sollicited your Lordships to bring a number of German families out of the Palatinate to settle in Nova Scotia being dead and sending for memorialist 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, Recd. Read 26th Feb., 1729/30. 1 p. [C.O. 217, 5. ff. 140, 141v.].
Feb. 26.
Pall Mall.
78. Governor Belcher to the [?Duke of Newcastle]. My first application in the affair of H.M. Colony of Connecticut 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 Genll. 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 and are at this time there settled and others have made proposalls 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 disturbance and discouragement of families already settled etc. Pray that Col. Dunbar be restrained from making any settlements 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, Recd. Read 26th Feb., 1729/30. 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, 16v.]
[Feb. 26.]
80. Mr. Newman to the Council of Trade and Plantations. 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 neighbours, 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 Newman. Endorsed, Recd. 26th Feb. Read 6th March, 1729/30. 1 p. [C.O. 5, 871. ff 19, 20v.]
Feb. 27.
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 [?Portsmouth, 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 etc. 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. 2 pp. [C.O. 5, 898, No. 71.]
[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, Recd. 27th Feb., Read 12th March, 1729/30. Holograph. 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 Government, (ii) The old bills to be called in and new given in exchange 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 ½d. 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 commencement of this Act. (vii) The bills to be sunk to be drawn annually by a child from a wheel or box etc. Endorsed, Recd. 28th Feb., Read 12th March, 1729/30. 2 pp. [C.O. 5, 361. ff. 57, 57v., 58v.]
Feb. [ ]. 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.]