America and West Indies: September 1730, 8-10

Pages 258-275

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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September 1730, 8-10

Sept. 8. 419. Mr. Popple to Depty. Governor Gordon. Encloses Mr. Browne's case, and memorial of Lords Commrs. of the Admiralty and Sir Henry Penrice's report for his answer thereto. Continues :—My Lords Commissioners are surpriz'd that they have not receiv'd any account either from you, or any person in your behalf, of what has happen'd in your Government since your arrival in that Province, nor can they learn that you have given any such account to H.M. or His principall Secretary of State, both which you undoubtedly ought to have done. It will behove you therefore to send a full and explicite answer to these complaints assoon as may be, and in the meantime not to discountenance etc. as in preceding. Continues :—And that their Lordships may be fully inform'd, they expect you should return to them such depositions and proofs in your own behalf, as you shall think convenient, giving at the same time full liberty to Mr. Browne, or any other persons concern'd, to make affidavits before any Judge, or other Magistrate of what they know concerning the subject matter of the said complaint, that such Judge or Magistrate be likewise enjoyn'd to summon such persons as the complainant shall name: that you and they do interchange the said proofs and depositions so soon as the same shall be made; and that 20 days be allow'd, as well for yourself as the complainants, to make your or their reply by affidavits or otherwise, to be in like manner interchangeably communicated to each other, and afterwards transmitted hither without loss of time, that their Lordships may be enabled to make a report to H.M. on the true state of this affair. [C.O. 5, 1294. pp. 15–18.]
Sept. 8.
420. Mr. Popple to Richard Arnold, Deputy Secretary of War. The Indian Chiefs being again to attend My Lords Commissioners etc., I am to desire you will please to issue another order, for two Serjeants and twelve Granadiers to attend this Office to-morrow morning, and to receive their directions from hence etc. [C.O. 5, 400. p. 387.]
Sept. 8.
421. Council of Trade and Plantations to the Duke of Newcastle. Enclose following. Autograph signatures. Endorsed, Copy sent to E. Waldegrave, 30th Nov., 1730. 1 p. Enclosed,
421. i. Same to the King. Whitehall. Sept. 7th, 1730. Having lay'd before your Majesty such proofs as occur'd to us for the maintenance of your right to the islands of Santa Lucia and St. Vincent, we now humbly beg leave to represent to your Majesty the state of your title to that of Dominico. It appears by Hackluyt's Voyages, an author of good credit, printed at London in the year 1589 (v. App. i) that this island was discover'd by the subjects of Great Britain on the 9th of March, 156 4/5. This island likewise is one of those that were expressly named in the grant of the Charibbee Islands made to the Earl of Carlisle in the year 1627 (App. ii), and that grant recites that this island had been discovered and inhabited by the English before the date of the said grant. This grant is also confirmed by the Commission of the Lord Carlisle to Sr. Thomas Warner (App. iii) as hath been more at large observ'd in the proofs relating to Santa Lucia and St. Vincent, and Dominico hath constantly been deem'd to be a dependence on the Government of Barbados. On the 1st of April, 1664, Capt. Thomas Warner, a natural son of Sr. Thomas Warner by a Charibbean woman, was made Deputy Governor of Dominico by the Lord Francis Willoughby then Governor of Barbados, this Thomas Warner is the same person mentioned by Pere du Tertre to have been at the head of the savages who sold the island of Sta. Lucia to Col. Carew in the year 1664, and the said Charribeans during his time, did acknowledge the sovereignty of the Crown of Great Britain. The Lord Willoughby's Commission (App. iv) to this Capt. Warner, is printed at large in the 3rd volume of Père du Tertre's Histoire Général des Antilles page 85 etc. In 1666 the Lord William Willoughby succeeding etc. as Governor of the Charibbee Islands, was particularly instructed by King Charles II (App. v) to allow no stranger, subject to any other Prince or State, to inhabit or possess any place contained in his Commission, but such as should acknowledge H.M. sovereignty there; and was likewise ordered to streighten, distress and dispossess any of the French King's subjects who should have taken possession of any island named in his Commission; His then Majesty being resolved to assert his right to those islands, and to vindicate his subjects from the insolence and injurys of their neighbours. Pursuant to this Instruction, upon complaint of some insults on the English committed by the Indian inhabitants of Dominico, the Lord Willoughby made an expedition to that island, with design to punish the said Indians for their disobedience. But they soon returned to their duty, and then the Chiefs did by general consent in March, 1668 (App. vi), surrender and convey the said Island to the King of England, putting themselves as subjects under his Majesty's protection and government. This agreement was made by an instrument in writing, sealed and delivered in the most solemn and authentick manner, that those people were capable of: the truth whereof was attested by Edward Littleton Esq. (App. vii), then Secretary to the Lord Willoughby, who had the said instrument in his custody. The first dispute that we find in our books, about the right to this island was in May, 1672 (App. viii), when Col. Codrington, then Deputy Governour of the Charibbee Islands, under the Lord William Willoughby, having sent some people from Barbados to make settlements in Dominico Mons. de Bas (Governor of Martinico) dispossessed them and burnt their houses, pretending that by some articles or conditions of peace heretofore made between the two Nations, Dominico was to remain a neuter island, free to the Indians, and to be possessed by neither nation (App. ix). To which suggestion answer was made by the then Council of Trade and Plantations (App. x) in their letter to my Lord Willoughby of the 11th of Dec, 1672 (quoted, v. C.S.P. under date), that no such articles of peace were known or ratified, or mentioned in the Treaty of Breda etc. To which we shall beg leave to add, that as Capt. Thomas Warner was actually in possession of this island, and Governor thereof for the King of Great Britain on the 1st day of January, 1665, when the Dutch war first broke out, your Majesty is indisputably intituled to Dominico by virtue of the Treaty of Breda, as may more fully appear by our reasonings upon that Treaty in our report on Sta. Lucia. The Charribbee Islands in the year 1672, were divided into two separate Governments (App. xi). But Dominico, St. Vincents, and Sta. Lucia lying to the windward of Guardeloupe remained dependant on Barbados, and were particularly inserted by name in the Commission and Instructions for that Government, and have continued to be inserted in them ever since. Wherefore upon the death of Lord William Willoughby which was in April, 1673, (App. xii), the government of these islands devolving on the President and Council of Barbados, they sent new powers to Capt. Thomas Warner, of the same tenour with those formerly given him by the Lord Willoughby, whereby he continued Governour of Dominico for the King of Great Britain, till the 27th of Dec., 1674, when he was killed by Colo. Philip Warner and some other people from Antigua, who were prosecuted on that account in 1676, as appears by a copy of the indictment hereunto annexed. (App. xiii). And altho' the English have not made any regular settlements in this island for the reasons mentioned in our report on Sta. Lucia and St. Vincents, yet they have always kept up their claim of right there, and with very good reason esteem'd the same to belong to the Crown of Great Britain, and therefore Colo. Stede (Lt. Governour of Barbados, and the rest of the Windward Islands) after having published on the island of Barbados the Treaty of Peace and Neutrality in America, etc. (App. xiv) sent Capt. Beach in one of H.M. frigats to publish the said Treaty on the island of Dominico (as part of his Government), which was done accordingly in March, 168 6/7, and the arms of England were then solemnly affixed in the most eminent places of the said island as ensigns of H.M. sovereignty there. And in May, 1687, (App. xv) some French having crept into this island, Colo. Stede, by H.M. frigate, once more disturbed their settlements, burning their hutts, their fishing tackle and canoes, and causing a French ship to be seized with the men belonging to it, for having cut wood there, without leave from the English. To prevent all future disputes with the French, upon this and the like occasions, Commissioners were appointed in 1688, to treat with Monsr. Barillon, then French Ambassador here, for determining the right of the respective Colonies and islands belonging to each Nation, as hath already been observed in our report on Sta. Lucia, and instructions were dispatched to Colo. Stede (App. xvi), to send an exact account of the boundaries and limits of his Government of Barbados, and of the islands and territories depending thereon; in pursuance whereof, he gave a commission (App. xvii) to several of the Council of Barbados to make enquiry into H.M. title to Sta. Lucia, St. Vincent, and Dominico, who from the depositions of the most aged and best knowing persons then living in those parts, formed a report (dated the 23rd of Sept., 1688), whereby (App. xviii), it appears (to use his own words) "that His Majesty had an undoubted and sole right to those three islands, and that the French have not truly any shadow or colour of pretence thereto." Since therefore the French have not acquired any new title to this Island from that time, either by conquest, during the course of the late war, or by any condition express'd in the last Treaty of Peace; we are clearly of opinion that your Majesty has an intire right of sovereignty over the island of Dominico, by early discovery, by the cession of the ancient Proprietors, kept up by frequent claim and confirm'd by the Treaty of Breda. Autograph Signatures. 9 pp. Enclosed,
421. ii. Appendix. (1) Extract of Journal of Capt. Hawkins, 1564. Hakluit's Voyages 1, 529.
421. iii. Reference to report on Sta. Lucia, supra.
421. iv. Copy of Commission from Francis Lord Willoughby to Capt. Warner. Quoted from du Tertre iii, 85.
421. v. Reference to Sta. Lucia report.
421. vi. Reference to report on St. Vincents, supra.
421. vii. Memorial from the Agents of Barbados to the Council of Trade and Plantations, April 10, 1700.
421. viii. Extract of letter from the Council of Trade to Governor Lord Willoughby (—? 1672).
421. ix. Extract of letter from Col. Codrington to Lord Arlington, 27th July, 1672.
421. ix. a. Reference to Sta. Lucia report, Appendix 34.
421. x. Reference to No, viii supra.
421. xi. Reference to St. Vincents report, Appendix x.
421. xii. Extract of a letter from the Council of Barbados to the Council of Trade, 28th May, 1673.
421. xiii. Copy of a presentment of the Grand Jury of Barbados, 8th Sept., 1676.
421. xiv, xv. References to St. Vincents report, Appendix xv and xvii.
421. xvi. Copy of H.M. letter to Governor Stede, 1st April, 1688.
421. xvii. Reference to Sta. Lucia report, Appendix xi and copy of affidavit by Col. Codrington, 30th June, 1688.
421. xviii. Extract of letter from Governor Stede, 30th May, 1689. 16 pp. Endorsed, Copy sent to E. Waldegrave, 30th Nov., 1730. [C.O. 71, 2. Nos. 1, 1 i, ii; and (without enclosures) 29, 15. pp. 197–208.]
Sept. 8.
422. Governor Osborn to Mr. Popple. Begins as first part of letter to D. of Newcastle, 25th Sept infra; and concludes :— Upon my first arrival I thought the neglect of administration of affairs had proceeded from several of the principal men (who were made Justices) wintering (against their first intentions) in Europe; therefore that, that, shou'd be no impediment for the future I thought it was proper with the opinion of my Lord Vere Beauclerke to enlarge the Justices authority by giveing them power to act as well without, as within their limmits, a coppe of which I have done myself the honor to inclose in hopes of it's meeting with their Lordps' approbation; but upon being more conversant with the situation of affairs I soon perceived all the obstructions proceeded from those means I have already mentioned. Now Sir as what I have said only relaites to the Civill government; I beg leave to trespass a little further upon their Lordps. to show how far the conduct of these people occasion the other disorders that are committed in this island, and perticularly at Placentia. At the latter end of the fishing season they generally find some reason to differ with their servants that they may have a pretence not to pay them their waiges, by which these poor reches for want of money to pay their passage home are obliged to stay in the country the winter without any prospect of getting a subsistance; but what is yet more notorious, they sett up a number of boat-keepers who have no stock to begin upon but what they supply them with in the spring of the year, and in the Falle, these masters of ships come upon these boatmens rooms, and seize all their fish by force for these necessaries, before any of their servants have received any part of their waiges, or without considering which way they are to come by them, by which means hundreds of these poor creatures are beging up and down, and come crying to the Commanders of the men of war as soon as they arrive for redress, but as I am very sencible of my own inabillity in giveing your Lordps. a just idea of these people's sufferings I have taken the liberty to inclose a few coppes of those petitions wch. we always receive at the latter end of the year; by which their Lordps. will be better judges of that fact which I main't so clearly explain, and if the Captains of the men of war do make any decisions in these cases, which (with submission) they seldom can (the offenders at that time being very much dispersed) if these decisions are not agreable to their masters, the moment we are gone, or they got out of our reach, they only scoff at our orders and treat them with the utmost contempt etc. I am under great concern, but shou'd have been more, to have been so unsuccessfull in all my endeavours, were not I sencible of their Lordps. Through knowledge of the constitution of this island, and nature of the people who use it etc. Signed, Hen. Osborn. Endorsed, Recd. 7th Nov., 1730, Read 12th Jan., 1730/1. Holograph. 7 ¼ pp. Enclosed,
422. i. Original of 25th Sept. encl. v.
422. ii. Complaint of the Justices of the Peace at Placentia against the Fishing Admirals. 16th May, 1730. Yesterday there was a Court held by the three Admiralls of this Harbour at the house of Mr. Francis Sayers upon a complaint of Mr. Edward Mills in moneys due to him by the Gandys and Roache of Paradize upon which their (?) boat and craft was seized. Likewise they had one Jeffery Poor before them upon some differences in trade between him and Mills, and upon some misbehaviour of Poor, he was sent to the fort a prisoner etc. Thinking this way of acting contrary to the power granted us by our Commissions, we told Admiral Wm. Brooks etc. that their proceeding at that Court was an infringement of our authority etc.; his answer was that the administration of all Justice did belong to them etc. He said he had no business with our commissions, but had the act of Parliament for his. Capt. Wm. Chappell said the Admirall had more power in this harbour then Governor Osborn etc.; that it was in their power to whip, put in the stocks and imprison at their pleasure, and to appoint any person to be Constable; that Governor Osborn's commission was only from the Privy Council, by which they seemed to doubt the authority given us. Therefore perceiving they would take all administration of Justice from us, we have thought fit to desist of takeing connizance of anything till Governor Osborn arrived, which without doubt will inform us and them which is our prerogative etc. Signed, Peter Signac, Tho. Salmon, Tho. Buchanan. Endorsed, Recd. 7th Nov., 1730. Copy. 1 ¾ pp.
422. iii. Order by Governor Osborn, 12th Aug., 1730. H.M.S. Squirrel, St. John's Harbour. Whereas the several Commissions of the Peace etc. hath not been executed in every respect agreeable to the full force and intention thereof, by reason many of the Justices absenting themselves on their private affairs into many parts of Europe, and the number remaining not being sufficient in many cases which the Law requires etc., by which there has been in a great measure for some time a suspention to the administration of Justice etc., repeals so much of the clause in said commissions as limits the Justices' authority to a certain district, impowering them by virtue of their former commissions to be Justices of the Peace over the whole island etc. Signed, Henry Osborn. Endorsed as preceding. Copy. 1 p.
422. iv. (a) Petition of Peter Signac, merchant in Placentia, to Governor Osborn. In my absence in 1727, William Babbage, master of the ship Friendship of Barnstable, took possession of my fishing room upon the Grand Beach of Placentia. He and his owners refuse to pay for it. Prays for an order to compel them etc. Signed, Peter Signac.
(b) Petition of Richard Mackrell to Same. Is owed 68l. by John Sheave, boatkeeper. Other smaller creditors have been paid, but "I the only sufferer not a fish nor a drop of oyle."
(c) Petition of Patrick Hoogan to Same. Servant of John Shave (= Sheave), prays grant of a boat of his in lieu of 9l. wages owing to him.
(d) Petition for John Bryant to Same. Mr. Thomas Power, of Little Placentia, owes petitioner 3l. 5s. sterl. besides his passage; but has turned him adrift.
(e) Petition of John Redhead to Same. Prays order for payment of 15l. sterl. for service last year to Robert Mercer at Marrison at the Western shore.
(f) Petition of Daniel Mahonney to Same. Petitioner made a firm contract with Capt. Bartho. Shapton for 9l. portlage and share sterl. etc., which he refuseth to pay, and not long since being taken of a feavour and flux was obliged to return fifteen days before the time (vizt.), the ship's crew and in the carpenter's presence have been used barborasly, because could not perform as the rest did etc. Prays for justice.
(g) Petition of Paul Neale to Same. A very poor man with a wife and 9 out of 20 children left he shipped along with David Recd planter in Paradise for 12l. wages, had a tolerable good fishing, and in August Mr. Solmon of Placentia came and took away all the fish. He now has nothing etc.
(h) Petition of Andrew Roper to Same. Petitioner served Maurice Power of Little Placentia this summer fishing season. Prays that he may be paid in traynoil as per agreement.
(i) Petition of Thomas Buchanan of Placentia. Petitioner has right to a plantation, the which has been possessed by Capt. Saml. Borrows and Capt. Geo. Crocker without any agreement. Prays for order for rent etc.
(j) Petition of John Walls to Same. Petitioner served Thos. Connor of Little Placentia for last summer's fishing season for 15l. But petitioner being forced to quit Conner's room for 6 days by reason that his boatmaster did beat and batter and say that he would cripple or kill him. Connor now denies paying his wages etc.
(k) Petition of Thomas Power to Same. Petitioner was shipped along with John Perry planter in Paradise for 8l. sterl., who gave him a small parcel of green fish in part of his wages. One Mr. Broade would not permit him to work at it, pretending to take it all for some of Perry's old debts etc. Petitioner is left destitute etc.
(l) Petition of Thomas Buchanan to Same. Capt. Wm. Chappell has possessed his house and plantation during the summer without any agreement. They are now let out to Capt. Nicholas by Edward Mills, by what authority he knows not. Prays for warrant to stop goods in the house till paid rent etc.
(m) Petition of Richard Whelen to Same. Prays for order for 24l. against Thos. Connor, planter, for two years service.
(n) Petition of Barth. Roberts to Same. Petitioner was mightily abused on the passage from Ireland by John Power who broke his rib, which hindered him from earning his bread. Must starve unless H.E. will take compassion on him etc.
(o) Petition of Nicholas Stokes, planter, to Same. Prays to be confirmed in room for 4 boats he has prepared at Point Verte etc.
(p) Petition of Thos. Buchanan of Placentia, merchant, to Same. Capt. John Cummings has possessed a room belonging to petitioner without making any agreement; the Admirals have refused to do petitioner justice etc. Prays for order for rent.
(q) Petition of John Perry to Same. Petitioner having been brought somewhat low in the world by bad voyages etc., had agreed with Saml. Adams for his winter's diet for 5l. 10s. Adams warned him away out of his house 10th April, and would not allow him any more meat if he did not sign to a note of 13l. etc. "So we parted for a week etc., but could not help myself and was oblidged to comply or starve etc. Adam takes away what he pleases out of my house and room." Prays for relief.
(r) Petition of John Sullyvan to Same. Was shipped along with Capt. Wm. Fullford during the fishing season for 6l. from 2nd June and passage home. Was taken sick on 22nd July. Is left destitute in this wilderness in a deplorable condition, his master having come to him when he was not in his right senses and compelled him to sign a discharge of his wages etc.
(s) Petition of John Perry to Same. Petitioner sold a parcel of green fish to Mr. Broade. He made use of it in saveing of it 15 days and then the fish being spoyled, would have petitioner take it back etc.
(t) Petition of John Power, fisherman, to Same. Petitioner was shipt for this year's fishery with Thos. Conner and Edward Power, Little Placentia, at 14l. wages and passage out, but about the middle of July hurt his finger by a fishing hook, and by their bad useage and cruelly forcing him to sea before he could get cured, he has been obliged to have one joint cut off. Upon account of which they stop his wages etc. Prays for justice.
(u) Petition of Joseph Stephenson to Same. Petitioner served Edward Mills last summer for 4l. sterl. and passage out. Mills now refuses payment etc.
(v) Petition of Thomas Buchanan of Placentia, merchant, to Same. Petitioner has in lease a house belonging to Col. John Moody and is now possessed by Robert Mercer, who will not remove nor take a lease of the same. Prays for order for rent etc.
(w) Petition of Walter Mallonney to Same. Thos. Power of Little Placentia boatkeeper has shiped me in Waterford for 5l. sterl. and my passage, but turned me away after 8 days here etc. Prays for a summons, "for he is great and headstrong" etc.
(x) Petition of Peter Signac merchant and planter, Placentia, to Same. Having since 1721 enjoyed a room where now stands my stage at La Perche near Cape St. Maries, confirmed to me as just possession by two Commanders. Samuel Borrows master of the Expectation of Bideford, after treating with me for hire of the same and thinking my demands not agreeable, has taken it without my leave etc.
(y) Petition of James Slattery to Same. Petitioner is mightily wronged of his wages by John Brand etc.
(z) Petition of Richard Ballden to Same. An inhabitant for 16 years, he was put in possession of a small plantation by Governor Moody. A Frenchman called Fransoir Pickett is resolved to take it away from me as soon as your Honour is gone. Prays for help.
a (i) Petition of Ant. Harper, Robert Dusset, John Cooper, Richard Cooper to Same. Petitioners served John Shave at Odearing to the Westward shore for last summer's fishing. Shave began to pay fish to petitioners for wages, but then caused Tho. Salmon to come upon his room to collect some debts. Salmon forced the fish petitioners received from them and confined them prisoners without cause, as Andrew Downman, the chief planter in this place can witness. Pray for justice etc.
b (i) Petition of Richard Power to Same. Petitioner hath been abused by Lawrence Noggan, who refuses to pay 2l. for wages last winter twelve months.
c (i) Petition of Edward Buck to Same. Petitioner was shipped along with one Capt. Geo. Hogg and did his duty as becometh till 18th Aug., at which day his mate and two others struck and barbarously beat him, without cause, so that he was not able to stand etc. He was shipped at share and portlage either to go to markett or tarry here, but now dare not serve in the vessel any more. Prays to be secured Christian usage "inasmuch as we bare the brunt and slavery of all their great voyages" etc.
d (i) Petition of Patrick Gott to Same. Petitioner was shipped along with Thomas Conner for winter and summer for 11l. wages, and the winter being so very rare in the harbour has obliged him to give him 30s. sterl. to take him in among his crew for the winter, and there served as becometh until March, and then was disabled and came to a doctor's house, where his master ordered that he should have no credit on his account, and would only grant him his clearance on signing a paper to pay him 4l. besides his 30s.; though he has nothing and no way to live in this poor wilderness etc.
e (i) Petition of Johnathan Hodgan now soldier at Placentia, to Same. Robert Mercer owes petitioner for service 16l. 1s. 6d. which he refuses to pay etc.
f(i) Petition of Nich. Cole to Same. Petitioner served John Haddock of Little Placentia as boats master for this summers fishing season. Haddock refuses payment, but has had petitioner's chest and cloathes seized etc. Prays for justice etc.
g (i) Petition of Patrick Hoegan to Same. Petitioner was shipped along with John Shave planter in Odearing for 9l. sterl. and one pair of shoes. When the season was expired, Thos. Salmon came upon their room and took away their fish. "I beg'd for God's sake he would see justice done me, he being the only magistrate in the place" etc. Prays for justice, being "in a famishing condition, not haveing any earthly thing to subsist for myself or my great charge of children" etc. Prays for an order to seize the goods of John Shave, etc. Endorsed, Recd. 8th Sept., 1730. Copies. 16 ¼ pp.
422. v. Duplicate of 25th Sept. encl. iii. [C.O. 194, 9. ff. 15–18v., 20–22, 23v., 24v.–33, 34v.–35v., 38v.]
Sept. 8.
423. Council of Trade and Plantations to the Lords of the Committee of the Privy Council. In reply to reference of Oct. 14, 1729, as to purchase of the Bahamas, represent that, after having several times discoursed upon this subject with Mr. Shelton, Secretary to the six Lords Proprietors, we thought fit to commence a negociation by his canal, with the said Lords Proprietors, which after some time produced a letter from five of them (copy annexed), wherein they express their inclination to give up and surrender to H.M. all right and title to their respective shares of the Bahama Islands, in consideration of the sum of one thousand guineas to be paid to each of them, clear of all fees and expences, reserving their right to all such arrears of rent as should be due at the time of their surrendry either from their Lessees or assigns. Soon after the receipt of this letter, we employed the abovementioned Mr. Shelton on a message to Lord Carteret, to know if he would join with the other Lords Proprietors in the general sale of the Bahamas to H.M., who made answer, as his Lordship had before done with respect to Carolina, that he would not concurr in the proposed sale etc. Without doubt the Lord Carteret's concurrence is a desirable point: but notwithstanding his refusal, having very maturely considered the importance of the Bahama Islands to the English Navigation in America, by their being so extreamly well situated for the reception of such British fregates as may at any time be sent into those parts for the protection of our trade, and of privateers for the annoyance of an enemy in time of war, we are humbly of opinion that the purchase of the said islands would redound very much to the honour of H.M. Government, and the interest of his Kingdoms, as we have more fully set forth in former representations etc. We are also of opinion that the sum of 1000 guineas which is required to be paid as purchase money to each of the Lords Proprietors, is not an unreasonable demand. But here we find ourselves obliged to observe to your Lordships, that there is a lease now subsisting from the present Proprietors, which has eight years to run, impowering the Leesses or their assigns, to make grants of lands in the Bahama Islands in perpetuity, with the reservation however of a certain quit-rent to the Lords Proprietors, wch. was originally set at three pence per annum for each acre by them granted, but that being found by experience to be too high a rate, it has been since reduced to one penny per acre; which is the annual quit-rents that lands now pay in the Bahamas. So that when we give it as our opinion, that it will be proper to advise H.M. to the purchase of these islands under the condition of paying 1000 guineas to each of the consenting Proprietors, and that with the disadvantage of the Lord Carteret's non-currence; we would be understood to advise the purchase upon this proviso, that the said Lords Proprietors do relinquish to H.M. all manner of rights to rents or arrears of rents, and to all demands of what denomination whatsoever, which they shou'd or might have had a claim to, at the times of their surrendering the said islands. All which demands and pretensions, together with the property, royalty and dominion of the soil, shou'd from that time be absolutely vested in the Crown. If H.M. is pleas'd to make the purchase upon these terms, and the Lords Proprietors will also concur in the foregoing stipulations, we are of opinion that a demand may be made in Parliament the next sessions for this purpose, and a bill brought in for making the said purchase effectual, agreeable to what has been already done in the case of Carolina. [C.O. 24, 1. pp. 190–194.]
Sept. 8.
424. Council of Trade and Plantations to the Lords Commrs. of the Treasury. As the house which H.M. has been pleas'd to allot us for our Offices is a very crazy building and stands frequently in need of small repairs, we have found ourselves under a necessity of being troublesome to your Lordps. upon that subject; But to avoid such applications for the future, we desire your Lordps. will be pleas'd to give a genl. order to the Officers of H.M. Board of Works, signifying H.M. pleasure to them, that they are to look upon this Office for the future to be immediately under their care and inspection, and that they may from time to time make such repairs as shall by them be thought necessary for H.M. service to be made here. [C.O. 389, 37. pp. 315, 316.]
Sept. 9. 425. R. Shelton to Mr. Popple. In reply to enquiry, encloses account of the lease of the Bahama Islands. Continues: —It was made to Woodes Rogers, who transferred his term to Will. Chetwynd, Adam Cardonnel, Tho. Pitts Esqrs. etc., but the right and interest of the term is by mean assignments now vested in Sr. Charles Wager, Mr. Hide, Mr. Harris etc. The lease bares date 28th Oct. 1717 and it was to commence from the 25th Dec. next ensuing that date for the term of 21 years; paying 50l. yearly during the first seven years, 100l. during the next seven, and 200l. yearly during the last seven years etc. In the said lease Woodes Rogers and his assigns have power given them in the name of the Lords Proprietors to grant any of the said lands in fee or for any terms of years, reserving such yearly ground rent as to them shall seem convenient, provided such rent is not less than one penny sterling for every acre, and provided no fine is taken for the same. This is the substance of the lease etc. Signed, Ri. Shelton. Endorsed, Recd., Read 9th Sept., 1730. Holograph. 2 pp. [C.O. 23, 2.ff. 215, 215v., 216v.]
Sept. 9.
426. Governor Talcot to the Council of Trade and Plantations. Right Honble., I received your Lordships' Queries to this Colony and layd them before the General Assembly at their Sessions in May last; they immediatly appointed a Comtee, to assist me in the affair that so our answers to them might be with the greater certinty. By their endeavours and assistance I am enabled to give your Lordshipps the answers herewith enclosed, which I hope will be to your satisfaction, and it is a pleasure to me to assure your Lordships that with greatest carefullness our Assembly are ready to inform you in these and in every other thing that you may judge for H.M. interest. I am with greatest regards and sincere respects, your Lordships most obedient and very humble servt., Signed, J. Talcot. Endorsed, Recd. 10th Nov. 1730, Read 31st March, 1731. 1 p. Enclosed,
426. i. Governor and Assembly of Connecticut to the Council of Trade and Plantations. Hartford. Sept. 9, 1730. Answers to the Board's queries, (i–iii). Describe situation, boundaries and constitution. (iv) The trade of the Colony is but small. Horses and lumber are exported to the West Indies for sugar, salt, molasos and rum. What provisions we can spare and some small quantity of tarr and turpentine are sent to Boston, New York and Rhoad Island for Europian goods. List of shipping and tonage given. 37 sloops, 3 brigantines, 2 schooners, of 10 to 80 tons (total 1307). Two sloops more lately built in Harford one of 40, and the other of 90 tons just now loading for Bristol, to be sold with her cargo. Our seafareing men are only what is necessary to manage the shipping aforesaid. There hath been no sencible addition or deminution for ten years last past, only that we have built considerable more in the ten years last past then heretofore tho' most of said shipping so lately built have been sold at ye Province of Boston, West Indies and to H.M. subjects of Great Brittain, Bristol etc. (v) Our inhabitants take (annually) all sorts of woolen cloths silks glass nails scythes pewter brass and fier arms of the Brittish manufacture. But we can't ascertain ye quantity. (vi) The trade which this Colony hath with any foreign Plantations is only as beforementioned and with no parts of Europe excepting a few voyages to Ireland with lumber and one or two that have of late built here made their voyage to Bristol there sold their shipp and cargo and brought their returns heither. (vii) The methods used to prevent ilegall trade are the measures taken by the Colector placed at New London and his Deputy of Fairfield, where are allso Navall Officers under the strictest regulations which do at present prove effectuall, but there being many other conveniant harbours along the sound many of which were allowed to be free ports, would render it difficult had we any considerable trade and now is a great hardshipp and an obstruction to ye little trade that we have all being obliged to putt in at New London to enter and clear, whereby fair winds and much time is lost, (viii) The produce of ye countrey is timber boards, all sorts of English graine Indian corn hemp and flax sheep cattell swine horse-kind and goats and tobacco. Our manufacturies are inconsiderable, our people being generally imployed in tanning and shoe makeing and other handicrafts others in building joyners work taylors smiths without which we could not subsist. (ix) There are some copper mines found amongst us which have not yet been very profitable to ye undertakers. Iron oar hath been found in sundry places and improved to good advantage. (x) The number of inhabitants of both sexes and all ages are computed to be 38,000. About 700 Indian and negro slaves. The inhabitants are much increas'd within this ten years last past, the reasons are first ye countrey is new and large, 2ly. ye intestate estates are or have been divided amongst all ye children which encourages them while in their father's family to joyn their united strength to clear and subdue the earth and thereby make room for their own settlement when they come of age. But the consumate and principal reason is the blessing of the Almighty on the fruit of our bodies and the fruit of our lands. (xi) The number of the Militia according to lists or muster-rolls of the Train bands, which consist of all from 16 to 55 years of age is 8,500. (xii) In time of war we have always had sundry forts on our frontiers to cover us from the insults of the french and Indians which yet have never been of any great service to us, the enimie coming in small parties surprize our people suddenly and then flee into the adjacent woods. We have had a fort at New London long since and severall peices of cannon, but are now building a new fort where are already mounted four cannon to secure that port and in a short time intend divers more shall be mounted. (xiii) The number of Indians amongst us are about 1600 of both sexes and all ages. They are inclined to hunting, idleness and excessive drinking. Some of their youth are now in a school at Mohegan set up and maintained by the English for that purpose and they give good evidence of their dosability (sic). (xiv) The Five Nations live about 250 miles westward of us, the Canada and Eastern Indians, 250 miles N.E., are our only neighbouring Indians etc. (xv) The French at Cannada are about 400 miles N. of us etc. (xvi) The Spaniards in S. America have of late years taken some vessels from this and sundry from the neighbouring Governments, the French at Canada have been very troublesome to this and the neighbouring Governments always incenseing the Indians against the English supplying them with arms and ammonition, and joyning with them and makeing inroads, in time of warr they are of considerable strength and since they are settled on the River St. Larrence and on Massasippa to ye mouth of it boast that in time they will drive us all into the sea. (xvii) The annuall revenues ariseing on rates and dutys is about 4000l. in our paper currancy, of which about 1000l. is yearly laid out in maintaining free schools for the education of our children the remainder is for ye support of H.M. Government here, and to sink a heavy debt we contracted in the warr and our Expedition against Canada and Annapolis in the reign of Queen Anne. (xviii) Our civil establishments are (i) a Superiour Court consisting of one Chief Judge and four Assistant Judges. This Court sits twice in the year in each County, trys all high crimes and misdemeanours and civill actions that come to them by appeals from the Inferiour Courts. (ii) An Inferiour Court in each county consisting [of] one chief Judge and three or more Justices of the Quorum. These Courts have their Quarter Sessions for the tryall of delinquents and civill actions. (iii) In most of our towns is one or more Justices of ye Peace for the conservation of the Peace and tryall of small causes. (xix) The Militia is divided into five regements as many as there are countys, over which the chief Officer is at present Major, to each of which regements belongs a troop, the superiour Officers are appointed by the General Court, the Captins Lieutenants and Ensigns are chosen by the soldiers, approved by the Generall Assembly, all commissionated by the Governour in the name of our Lord the King. Signed, pr. order of His Honour the Governour and the Assembly, Hez. Wyllys, Secretry. Endorsed as preceding. 7 pp. [C.O. 5, 1268. ff. 1, 2–5v., 6v.]
Sept. 9.
427. Order of Committee of Privy Council. Approving representation of 23rd July, except that they think the Governor of Carolina should be left at liberty to settle the Swiss Protestants in such place and manner as he shall judge most conducive to the interest and security of said Province, etc. The Council of Trade and Plantations are to lay the draught of Instructions before the Committee. Set out, A.P.C. III. No. 219. Signed, Temple Stanyan. Endorsed, Recd. 15th Sept., Read 15th Oct., 1730. 1 p. Enclosed,
427 i. Copy of Representation of 23rd July. [C.O. 5, 361. ff. 170, 171–172, 173v.]
Sept. 9.
428. Governor Osborn to the Duke of Newcastle. In obedience to H.M. commands, 22nd Jan., 1730, etc., as soon as I arrived at St. Johns, I on 30th July assembled all H.M.subjects of that place together, and published His declaration for a cessation of hostillities and restitution of prizes to the King of Spain; and sent copies of H.M. orders to the principall magistrates in the other parts of this Island, with orders to publish the same etc. which I am since assured has been truely executed; and as upon the strictest enquirery, find the Spanish crusers during the late warr never committed any depredations on this part of America, nor any prizes have been taken from them by H.M. subjects, I have nothing more to trouble your Grace with on that head. And as I am not throughly acquainted with the posture of affairs, relateing to the civill magistracy, defers account thereof. Signed, Hen. Osborn. Endorsed, R. Oct. 25th. 2 pp. [C.O. 194, 24. No. 17.]
Sept. 9. 429. Memorial of loss and damage (145l. 17s. 6d. sterl.) sustained by Joseph Turner, master of the Birch galley of Bristol, and crew, taken and plundered by a Spanish sloop with commissions from the Governors of Florida and Havana, in her passage from Jamaica to Bristol, 19th May, 1730. Endorsed, Recd. (from Mr. H. Fane and Mr. (John) Crookshanks) 17th Sept., 1730. Copies. 4 ¾ pp. [C.O. 388, 92. No. 10.]
Sept. 10.
430. Thomas Marwood to Mr. Popple. Encloses "the best acct. my son-in-law, Thos. Wells cann inform the Board" etc., "relateing to the settlement Coll. Dunbar hath made at Pemaquid," as their Lordships desired. Signed, Tho. Marwood. Endorsed, Recd. 11th Sept., 1730, Read 15th June, 1731. 2/3 pp. Enclosed,
430. i. Capt. Wells to Mr. Popple. On board the Lyme Portsmouth Harbour, 10th Sept., 1730. I here inclosed send you up a scatch of Peniquid, and the land that was cleared by Coll. Dunbar's orders the last winter, and spring: about 200 men were emploayed on that service, and maintained the whole time at the Colls. expence. Att the same time I cleared about ten acres having six men with me at my own expence, which place is within the blew lines, and that cleared at the Colls. expence is within the red lines, and in the five months that I was down there, I never saw or heard of anyone that came to make any demand, off the lands we were clearing, neither was there any house standing on the ground, nor had there been any rebuilt since it was taken by the French. The foart in most places was even with the ground, which the Coll. immediatly went to repair in the beast maner he could, and built within rooms to hold the men that were at work, and their familys. He was also a building a wharfe at a great expence 170 foot in length 40 foot broad with an ell of 40 foot, they designing to have 15 foot water at the head of it at high water. I have also sent you ane exact plan of the town etc. which I drew for Coll. Dunbar, he promising if the seatlement went on, each man that wold build a house in this design'd town, should have 30 foot in breadth, and an 100 foot in depth, and 100 acres of land, paying a gratuity to the King, and in the most convenient place near the town etc. When I came in Aprill, there was about 30 frames of houses brought ready to be erected, and more at worke upon. When I went downe the Coll. gave me ane order to take care of the woods, which gave me an occasion of going up the rivers, and I do assure you that for 15 or 20 miles round there was not an house standing in the cuntrey, all that they had done was to erect milns in ye best wooded parts for cutting the timber, without any designe of seattling the place, nor had they any thoughts of it till the Collonell came, and I do realy belive the Coll. has been at more expences than them alltogether, by what land I saw cleared when we first came down, and that that wch. had been cleared, was before the French took it by the information of several people, the nearest seattlement that I see was at Arowsick up Kennebeck River, where was about 4 or 5 houses which they call George Town. The foart of St. Georges is to the eastward of New Harbour etc. Signed, Thos. Wells. Endorsed as preceding. Holograph. 2 pp. [C.O. 217, 6. ff. 30, 31, 31v., 32v., 33v.]
[Sept. 10]. 431. i. Plan of the Town of Pemaquid.
ii. Plan of the Town of Pemaquid with the land cleared. (? Enclosures in preceding). [C.O. M.P.G. 180, 181.]