America and West Indies
August 1739

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Institute of Historical Research

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K. G. Davies (editor)

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1994

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153-174

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'America and West Indies: August 1739', Calendar of State Papers Colonial, America and West Indies, Volume 45: 1739 (1994), pp. 153-174. URL: http://www.british-history.ac.uk/report.aspx?compid=115269 Date accessed: 26 October 2014.


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August 1739

302
August 1
Antigua
Governor William Mathew to Duke of Newcastle acknowledging letter of 15 June enclosing HM's warrant for making reprisals on the Spaniards. They came to hand 27th instant by Capt Boscawen. HM's orders are published and we are putting ourselves in the best posture of defence our little strength will permit. My great apprehensions are for St Christopher's where there is hitherto neither discipline nor good inclination to defend themselves. As there came with these orders no signification of HM's pleasures how prizes are to be disposed of I believe no one will be at the expense to fit out privateers. I formerly entreated your protection of us and prayed for several supplies we then were and still are in utmost want of. Give me leave to renew those entreaties to you and please to hear our agents favourably on them. If HM was pleased to order the taking and keeping of Cartagena or settling in the Gulf of Darien, the Spaniards would sooner be reduced to a carte blanche than by anything that might be done at Havana, Vera Cruz or anywhere else in America. Signed. 1½ pp. Endorsed, R, 5 November. [CO 152/44, ff 134–135d]
303
August 1
Virginia
Lieut-Governor William Gooch to Commissioners for Trade and Plantations enclosing accounts of quitrents and 25 per hogshead. It being impossible, as the collection is at present almost all of it in cash, to finish the account of quitrents sooner, I presumed not sending the one until the other was perfected would not be deemed a delay. Two days since, I received an express from the governor of New York with a letter for Mr Oglethorpe and another for the governor of South Carolina, which I immediately sent away, informing us that the French had set and expedition on foot against the Southern Indians, as you will see at large in the enclosed copy of a letter from the commissioners at Albany to Mr Clarke. I have given intelligence of this to all our Indians and to our frontier inhabitants, that they may be upon their guard though when I consider the distance these invaders have to march I can hardly credit the report. Signed. 1¼ small pp. Endorsed, Recd. 18 September, Read 18 October 1739. Enclosed:
303 i Extract of letter, dated 13 July 1739, from commissioners for Indian affairs at Albany to Lieut-Governor Clarke, which he sent to the governor of Virginia. We are informed that the French have sent out an army from Montreal of about 200 French and 500 Indians who are to be enforced by French and Indians on their journey. By the information we have on diligent inquiry this army is designed against Indians who are now in friendship with HM's subjects of Virginia and Georgia and now trade with them or with traders from thence: they are situated on some of the southwest branches of Mississippi River. A Frenchman who was redeemed by Mr Oglethorpe (having been taken by those Indians), and furnished with a pass and money to go back to Canada, passed by this place last spring and is gone with this army we suppose to direct them to the habitations of those Indians. We hope you will think it for HM's service to acquaint the governors of Virginia and Georgia of this intended expedition against their friend-Indians, that they may be on their guard to withstand the French army, for if they should be surprised, subdued, and extirpated by the French it would strike a terror in all the Indians on the continent and in process of time induce them to join the French against HM's subjects. As this is an affair of great consequence to the French if they should be disappointed in this their great enterprise, it is certainly much more so to us if they should succeed and destroy said Indians. Wherefore we hope you will be pleased to give timely intelligence of this intended expedition. We are told some of our Six Nations join the French although several had given their promises not to engage with them. Copy. 1½ small pp.
303 ii Account of HM's revenue of 25 per hogshead arising within Virginia, 25 October 1738 to 25 April 1739. Signed, John Grymes, receiver-general. Audited, 5 May 1739, by John Blair, deputy auditor. Passed in Council, 5 May 1739, by William Gooch. 2 pp.
303 iii Account of HM's revenue of quitrents arising within Virginia, 25 April 1738 to 25 April 1739. Signed, as no 303ii. Audited, 31 July 1739, as no 303ii. Passed in Council, 31 July 1739, as no 303ii. 4 pp. [CO 5/1324, ff 170–177d]
304
August 2
Whitehall
Order of Privy Council confirming twelve Acts passed in Massachusetts in 1735, 1736 and 1737. Copy, certified by W Sharpe. 2½ pp. Endorsed, Recd. 22 September, Read 16 October 1740. [CO 5/882, 72–73d]
305
August 2
Whitehall
Commissioners for Trade and Plantations to Lords of Treasury acknowledging letter of 4 July from Mr Scrope and petition of Richard Shelton. He was secretary of late lords proprietors of the Bahamas for 30 years and has great arrears of salary owing to him. As agent of the proprietors he spent a good deal of time in negotiating the Crown's purchase. We recommend him as a person deserving HM's bounty. Entry. Signatories, Monson, T Pelham, M Bladen, R Plumer. 1½ pp. [CO 24/1, pp 328, 329]
306
August 2
Petition of Chaloner Jackson to Commissioners for Trade and Plantations. The evidence to support his complaint against Governor Fitzwilliam has not yet been sent to the Committee of Council for Plantation Affairs in compliance with Order of 23 January last. Prays that it may now be sent. 1¼ pp. Endorsed, Recd., Read 2 August 1739. [CO 23/4, ff 65, 65d]
307
August 3
Whitehall
Commissioners for Trade and Plantations to Committee of Privy Council. Pursuant to Order of 14 June last we have considered the petition of Andrew Lesley and others against an Act lately passed in Antigua to reduce the rate of interest. It does not appear to us that the persons who petition against the Act are either planters or agents for the planters. The planters themselves do not express any apprehension that they shall not be able to borrow money now at the rate established by this Act. Many persons, however, who have money to put out at interest dislike it though others approve of it and have actually lent money at 6 per cent. But as the transition from 10 to 6 per cent at once, whilst the interest still remains at 8 per cent in the other British islands in the neighbourhood of Antigua, seems to be a doubtful experiment, and as there was a difference in opinion in this point amongst the merchants of London who attended at the hearing, we are of opinion that the Act may lie by for some time till its effect shall be better known, it having been in force only since October last. Entry. Signatories, Monson, T Pelham, M Bladen, James Brudenell, R Plumer. 2 pp. [CO 153/16, pp 161–162]
308
August 3
Savannah
Thomas Christie to Trustees for Georgia. My long silence, together with this happy opportunity of writing by the ship St Francis, calls upon me to say something although I assure you my life has been a whole scene of action since I came into this colony insomuch that I have not time to procure myself the necessities of life, much more write. Indeed the general promises to send me to you with some despatches of consequence on his return from the Indian nation when I shall bring with me a copy of the court-proceedings of Savannah to that time, together with the reason for not being able to send them sooner.
Mr William Stephens has promised to send you by his son who goes by this ship a particular account of a barbarous murder committed here in a small sloop lying before this town upon the body of one Hugh Watson, formerly a good servant to one Mr Thomas Bayley of this place; notwithstanding, you will excuse me if I give you some little relation of it. The body of this man was discovered floating almost by the vessel's side the 5th of July inst when immediately it was taken up by the coroner's order and a jury of inquest sat thereon. [...] (fn. 1) it was remarked that some person on shore told the master and sailors of the said vessel of the said body so floating by them to take him [out or] stop it but they answered they would breakfast first. The deceased was reported to have fell overboard endeavouring to go on shore and slipped between the vessel and the boat that lay alongside the vessel and was unfortunately drowned; and this was the constant plea of the master of the said sloop called the Unity, Capt Henry Brixe, Henry Cozens and John Levit, mariners. The mate, John Midlehurst, who appeared by all the rest of the evidence and their own confession to be asleep the time the murder was committed, was evidence for the King and most ingenuously [MS: ingeniously] discovered (as appeared to us) all he knew both before and after he was said to be asleep. The murder was committed a Tuesday about 11 or 12 at night, being 3rd July, and the body was found floating the 5th instant [ie ult] about two in the afternoon when a jury of inquest was immediately summoned. All the surgeons in town were sent for, the body duly inspected, the wounds probed, and the witnesses examined. They immediately searched the vessel and found a beef [knife?] with which the body appeared to have been wounded. The wounds were in all nine, four in his side at [equal?] distances, one in the bend of the arm but missed the chief [artery?], several bruises on his head, and his back fresh whipped ... lashes done by a rope or cane in a severe manner, two in the right hand, two in the arm, and one in the palm of the hand. The coroner's inquest found a bill for murder. But one Lewis Jones, who appeared to be a principal concerned in the said murder and together with the captain had very high words with the deceased, had made his escape towards Carolina and although a warrant was immediately issued out against him with 50l Carolina money reward he is not yet taken. The general was at the southward when this happened but was here when they were tried and gave his advice as to the execution. In short Brixe, the master of the sloop, Lewis Jones, Henry Cozens and John Levit were indicted by the grand jury for this town and county and the bill brought against them for wilfully and with malice aforethought murdering the said Henry Watson. They were at the said court legally tried and convicted of the same in a very lawful and decent manner. The 19th they received sentence except Jones who had fled, and this day Brixe and Cozens who appeared guilty and most assisting in the murder was hanged upon the strand over against the place the murder was committed. Levit, who was almost dying and was sick when the affair was acted and indeed was least criminal, by the advice of the general was reprieved for two months so that in that time we expect to apprehend Jones who it is believed will make a full discovery of the particular circumstances of the said murder. I am so broke in upon by public business that I must beg leave to conclude. Signed. 2 pp. Addressed. Endorsed, Recd. 5 October 1739. [CO 5/640, ff 358–359d]
309
August 3
Savannah
Thomas Jones to Harman Verelst. Capt Turnell arriving here in his way from Havana for England and intending to sail hence this evening, have only time to acquaint you that on 22 July a pettiager from Charleston brought here the goods sent per Capt Harramond (as per invoice and bill of lading dated in London 31 March 1739). They were ordered by Col Stephens to be taken into the store (enclosed have sent the depositions of the people that viewed them). I was then at Frederica: the occasion of my going thither I have more fully set forth by a letter which shall send you per the first opportunity by the way of Charleston; but understanding that Mr Thomas Stephens designs to go by this ship for England, and having had many instances of late to convince me that Col Stephens and his son have little regard to truth in what they say and write since Mr Causton has had their confidence, I shall give this brief account of the rise of this close intimacy that has subsisted for three months past between them, Mr Causton, Mr Parker, Mercer, Minas, and some others of less note. Mr Thomas Stephens was Col Cochran's factor or agent to dispose of his wines, etc at Savannah and is his attorney to act for him in his absence. The wines were kept in the cellar under the Trustees' house where Mr Bradley has lived since October last: the cellar was fitted up by Mr Causton's order for that purpose in June and those wines which Mr Causton had bought of the colonel for the Trustees' use remained there under Mr Stephens's care, he having the keys of the cellar. Mr Stephens had often shown great uneasiness when I have (at his father's house) talked about the inconveniences that would attend the employing of Negro servants in this colony (which he was very desirous of) and was much offended at my officiousness (as he called it in other company) in inquiring into the affair of killing the Trustees' cattle, and with a great deal of warmth asked me why I did not swear away their lives or words to that effect, and ever after when I went to his father's he would immediately go out of the house with a seeming resentment. The colonel (when I took notice of it) used to say he could not help his obstinate temper which was great grief to him. In April last, after Col Cochran went for England and that Mr Stephens had sold all his wines, I desired him (his father present) to give me the keys of the cellar that I might take care of the Trustees' wine, which he refused to do saying he would give the keys to Mr Bradley. I told him that if he had any doubt who the keys belonged to I would send for Mr Bradley and that he might deliver them to me in his presence. His father advised him to do so but he would not comply, only saying that I might take the wines out of the cellar if I pleased but should not have the keys. (Mrs Camuse wanted to have part of the cellar to preserve the silkworms in, which has been since fitted up for that purpose). I several times after desired Col Stephens to persuade his son to a compliance with my request but he told me that he could not prevail with him. The colonel agreed with me in opinion that if the keys were delivered to Bradley he would soon dispose of the wines as his own.
I found it necessary to write to his excellency about the affair. Col Stephens was not then at home: I entertained that opinion of the colonel's integrity and his good intentions for the Trustees' interests that I had transacted nothing nor had writ to the general about any affair or sent any letter to the Trustees or yourself but had first communicated the same to him lest I should be mistaken in any account I gave of matters. I received the general's letter, a copy whereof I have (with his leave) sent herewith, on 15 May and also a letter directed to Col Stephens and another to Mr Parker who were then out of town. On 19th they returned at which time I gave them their letters. When I delivered Col Stephens his letter I desired he would not read his letter until I had read unto him a copy of what I had writ to the general, which should have shown him before I had sent it had he been then in town. I read the copy of my letter. He said he was sorry that I had been obliged to tell the general but I knew his son's stubborn temper. On Monday 21st Col Stephens desired me to attend the magistrates at Penrose's. When I came Mr Parker told me that he had received a letter from the general whereby he understood that I had complained of some persons refusing to give me possession of the Trustees' wines in their cellar and asked me who those persons were. I answered Mr Thomas Stephens has the keys and the wines are in his cellar but he hath hitherto refused to deliver me the key. Mr Parker asked me By what authority do you demand them? You told the general that you were refused by persons and now you only mention one, Mr Thomas Stephens, whereby it plainly appears you told a falsehood. I replied that what I writ to the general was the same that I now declared and would appeal to Col Stephens who had seen a copy of what I had writ. The colonel said (to my great surprise) that I had never shown him any such thing nor did he know what I had writ, whereupon his son held his fist doubled at my face and said that he charged me with writing a parcel of lies and falsehoods to the general. I was treated by Mr Parker and Mr Christie like a criminal and with reproachful language but at length they advised Mr Stephens to deliver me the keys.
I could not obtain from Mr Causton any establishment for allowances of provisions, etc made by the Trustees to magistrates and others, therefore had desired Col Stephens, Mr Parker and Mr Christie to inform me what their annual allowances were, which they did but produced no letters or order for the same from the Trustees. Col Stephens gave me in writing an account of the species of provisions which he was to receive yearly for himself and two others and also for ten servants which in the whole amounted to the value of 56l, and said the Trustees were to pay him yearly 50l in money, in all 106l per annum, and that his year commenced from 1 November last past. He hath but five servants but expects the allowance of provisions made by the Trustees for ten. He had often complained to me (which complaints I was told, has made to others at the public houses) of his hard usage and that the Trustees kept him bare of money. I therefore advanced him about 4l of my own money before I had any cash from the general on account of the Trustees and paid him before his first half-year was expired 25l in money and he had issues out of the store for himself and son about 65l, in all 90l before I had writ to the general for his instructions. Mr Parker said that the Trustees had promised to allow him provisions and clothing for 7 heads (German servants) and that he had 2 servants that are orphans, in all 9 at 5l per annum each, which with 10l per year for himself as magistrate made 55l per annum. Mr Christie said that the Trustees had sent him two servants (whose indentures he had sold) which they promised to allow provisions and clothing to, and 10l for himself as magistrate. I sent the general an account of their demands and what they had received in issues out of the store since 20 October last. Mr Parker had then received about 45l, Mr Christie 25l. What either of them stood indebted by any former account to the Trustees I could not come at any certain knowledge of. You will observe the directions given me in the 2nd and 8th paragraphs of the general's letter, which last I communicated to Col Stephens, Mr Parker and Mr Christie, and has been the occasion of many extraordinary undertakings and contrivances, most of which have issued to their reproach and shame hitherto. I hope the general, when he returns from the Indian nation, will acquaint the Trustees with the conduct of those gentlemen whom I have beforementioned as well as some others. I am in daily expectation that their honours will send over some person to take care of their effects here which I am incapable of doing. The boat is going off and I cannot add but that, etc. Signed, 3 pp. Endorsed, Recd. 5 October 1739. [CO 5/640, ff 356–357d]
310
August 4
Boston
Governor Jonathan Belcher to Commissioners for Trade and Plantations. I have not the honour of any from you since your letter of 10 August last which I answered in its due course; and I now find lying with you mine of August 29, September 26, December 20, and January 21 and 23 last past, and should greatly esteem the honour of your answer to these letters, as also to those you owned the receipt of in your letter abovementioned and then gave me to hope I should soon have particular answers to them. You will find on a review of my letters many things in them that nearly affect HM's honour and service as well as the welfare of the people. I would therefore again pray you would as soon as conveniently may be give me your answers and opinion on the several heads I have wrote. In conformity to the royal charter of this province an Assembly was convened here the last Wednesday of May and sat about six weeks. The journal of this session I have duly forwarded to you, as the Secretary does the several Acts and laws. You will find by the journals that the Assembly would raise no money to supply the public treasury unless I would suffer the tackage of another bill to it, and they to have liberty also to lay the calling in the money they would now supply beyond the year 1741. But for me to have signed such an Act, I told them, would be in breach of HM's 9th and 16th instructions so they have neither raised money to support and defend HM's people and government or called in 25525l, they are obliged by their own laws to do at this time. In this unsafe situation are the affairs of this government at present. The Assembly are to meet again towards winter when I have hardly any expectation of finding them in another temper and should therefore in the meantime be glad to have your thoughts and advice in these matters. Some time the next month I intend to meet an Assembly at New Hampshire and on my return from thence shall write you again. Signed. 4 small pp. Endorsed, Recd. 28 September, Read 17 October 1739. [CO 5/881, ff 152–154d]
311
August 7
Thomas Hill to Francis Fane sending Act prepared by Trustees for Georgia for appointing pilots, etc for his opinion in point of law. Entry. ¾ p. [CO 5/402, p 1]
312
August 8
Whitehall
Commissioners for Trade and Plantations to Duke of Newcastle, enclosing papers. Signed, Monson, T Pelham, James Brudenell, R Plumer. 1 p. Enclosed:
312 i New York, 14 June 1739. Lieut-Governor George Clarke to commissioners for Indian affairs relating to French settlements at Wood Creek. Copy of no 219i. 1½ pp.
312 ii New York, 15 June 1739. Lieut-Governor Clarke to Commissioners for Trade and Plantations. Copy of no 220; see also no 219. 2 pp.
312 iii 7 June 1739. Commissioners for Indian affairs to Lieut-Governor Clarke. Copy of no 219ii. 1 p. [CO 5/1086, ff 141–149d; entry of covering letter in CO 5/1126, p 87]
313
August 8
Jamaica
Governor Edward Trelawny to Duke of Newcastle. The Shoreham man-of-war arrived here the 5th inst and has brought me your letter of 15 June last with HM's orders of same date, which I immediately gave public notice of, and will put the island in the best posture of defence I can and in a readiness to execute HM's orders. I have acquainted you in a former letter of the bad state of the militia and of the difficulty to redress it, but as this is a time to exert ourselves and as I hope the occasion will animate everyone, I shall omit no endeavours to make that use of it. I mentioned in mine of 30 June last to you that in case of a war it would be necessary to have a considerable reinforcement of soldiers to defend us against a foreign invasion. There were two regiments here the last war when the island had a greater number of inhabitants. I must own that a great many, and of these some that are well-intentioned, are against any addition of forces upon account of the expense which it will be of to the country. They are willing to believe that the eight companies already here, if complete, will be sufficient to defend us against the Spaniards as the rebels are now brought to terms; but as the French may take part in the war it is my sincere opinion, and I should be wanting in duty to HM if I did not represent it, that four or five companies of one hundred men each, to be incorporated with the eight already here, and they to be completed, is the least force that can be sent to us for our necessary defence. If HM would think fit to enable us to act offensively and make descents upon the enemy, which we are conveniently situated for, HM will proportion his forces to his royal designs.
Havana seems to be the only place of great consequence to take. As you know by its situation it would entirely give us the command of the West Indian seas. By the help of the northern colonies we could be supplied there with men and provisions and keep it against all the powers of Europe who have not strength enough in the West Indies to retake it; so that we are better able to take it and keep it than any other power by the means of the neighbourhood of the northern colonies and our superiority in shipping. I am told that it is fortified towards the land with only an old wall and a dry ditch, that there is good landing about three miles to the westward of the town and good marching from thence to it in an open plain, that there are not above twelve thousand men, soldiers included, in and about the town, that six thousand landmen with a sufficient number of men-of-war would take it. It is well-fortified towards the sea but I have heard sea captains that have been there say they would readily undertake and believe they could run by the forts and come close to batter the town. It is the only conquest in these parts worthy the English nation, and I wish you would move HM to command it. I should be ambitious to have a share in such an undertaking if it might be consistent with HM's schemes. As probably the fleet that shall be ordered upon such an expedition will call here, if HM is pleased to regiment these companies and give me the command of them, I should be glad to go as a colonel and be under the command when there of an older officer, leaving this island for a time to the lieut-governor who I believe I may answer for would take good care to defend it upon occasion. Havana is the place from whence the guardacostas have done us all this mischief, I hope therefore that it will be the first place to fall a sacrifice to our just resentment, that we may at the same time revenge ourselves and get a most valuable possession to the Crown. If we lose Jamaica we lose our footing in the West Indies; if we keep it, as I hope we shall, and get Havana, we drive the Spaniard out of the West Indian seas and make their possessions in America useless.
I am well-informed that a settlement at Darien might well be made with two men-of-war and 500 landmen who might be able in a few days to throw up works to defend themselves, at the place where the Scots built a fort, against any force the Spaniards could bring against them; and as it is but three or four days sail from hence the same men-of-war that protect this island would protect that settlement. I believe even private people would be willing to undertake and able to effect the conquest of it, if they were to be allowed the property of what they conquer. People would then take their Negroes with them, who would be very useful in the beginning in throwing up works to fortify themselves and likewise in planting provisions, for want of which only the Scottish expedition failed. Mr Campbel, one of the members of the Council here, who was a captain in that expedition, assures me that if they had had 100 Negroes to be employed in the manner I have mentioned, they would never have quitted the place though they had not had 500 white men. Fresh men just come from Europe cannot work, and the Indians of the country are lazy and will not work but would assist in fighting against the Spaniards to whom they are great enemies. A settlement in this place lies convenient to cut off the communication between Porto Bello and Cartagena but it is but piddling with respect to Havana; if we had that, we could have what we would besides almost at pleasure as we should be masters of the whole seas. Signed. 5½ pp. [CO 137/56, ff 240–242d]
314
August 8
Jamaica
Governor Edward Trelawny to Duke of Newcastle acknowledging Private letter of 15 June. To find my conduct acceptable to HM for whose service I have the most fervent zeal, and to believe myself in your favour which I shall always be ambitious to deserve, and to have hopes of the regiment which I have so much had at heart, put me in the height of joy and will animate me to exert myself in the best manner I am able for HM's service. Signed. 1 small p. Endorsed, Private. R, 22 November. [CO 137/56, ff 242–244d]
315
August 8
London
Governor James Glen to Thomas Hill. As there are several affairs before your board that I apprehend are of great consequence to Carolina, particularly relating to an employment claimed by Mr Hammerton by virtue of his patent, though directly contrary to the express laws and constant custom of the province as I am informed, and there being a petition of Mr McCulloh's referred to their lordships, I beg you will move them that Mr Fury, the agent, and I may attend the board along with Mr McCulloh and previous to their making any report on Mr Hammerton's business. Signed. 1 small p. Endorsed, Recd., Read 8 August 1739. [CO 5/367, f 43]
316
August 8
London
Memorial of Jonathan Belcher and Richard Partridge, agents for Governor Jonathan Belcher, to Commissioners for Trade and Plantations, praying for suspension of any report on complaints against said governor until he has been served with copies thereof and given time to answer. Signed. 1 p. Endorsed, Recd., Read 8 August 1739. [CO 5/881, ff 96, 96d, 99, 99d]
317
August 8
Palace Court
Minutes of Common Council of Georgia. Accountant reported on bills drawn by Gen Oglethorpe for service of the colony; resolved that 1061l 8s be paid to the general's agent when due. Read petition of Simpson Levy for an advance of 600l on an account signed by Thomas Causton amounting to 717l 2s 3d; resolved to advance 600l on security. Read petition of Charles Dempsey; resolved to pay him 25l to assist him in his illness and in full recompense for his services in St Augustine. Approved, after amendments, report from committee that leave should be granted to freeholders in Georgia to name their successors upon failure of issue male; the committee to prepare a fair draft, seal to be affixed thereto, and 200 copies sent to Georgia. Signed drafts on the bank for 1061l 8s and 600l. Entry. 4 pp. [CO 5/690, pp 252–255]
318
August 8
Palace Court
Minutes of Trustees for Georgia. Received, by Edward Parker, an anonymous benefaction of 25 copies of London New Method and Art of Teaching Children to Spell and Read, to be sent to Georgia. Entry. ½ p. [CO 5/687, p 131]
319
[August 8]
Appointment dated 9 November 1737 by Council and Assembly of Bermuda of Ralph Noden, merchant in London, to be agent of the General Assembly of Bermuda. Copy, certified by John Slater, Clerk to Assembly. Examined per SG, 14 August 1739. Endorsed, Recd. 8 August, Read 6 September 1739. [CO 37/13, ff 109, 109d, 114, 114d]
320
August 10
Whitehall
Commissioners for Trade and Plantations to Duke of Newcastle enclosing the following. Entry. Signatories, Monson, T Pelham, J Brudenell, R Plumer. 1 p. Enclosed:
320 i Whitehall, 10 August 1739. Same to the King. Minor changes from instructions to the late Lord Howe are noted. Entry. Signatories, as covering letter. 2½ pp.
320 ii Instructions for Robert Byng, governor of Barbados. Entry. 64 pp.
320 iii Same for same in pursuance of laws of trade and navigation.Entry. 34 pp. [CO 29/16, pp 96–197; draft of nos 320ii–iii, dated 19 October 1739, in CO 5/198, ff 110–151d]
321
August 10
Whitehall
Same to Committee of Privy Council. We have considered the first three articles of James Glen's memorial. With respect to the 1st article, though there may have been disputes between the Council and Assembly in South Carolina in relation to money bills, yet we see no reason to alter the 13th instruction to the governor unless it be by leaving out the last clause, viz 'and you are hereby expressly enjoined not to allow the said Assembly or any of the members thereof any power or privilege whatsoever which is not allowed by us to the House of Commons or the members thereof in Great Britain' which we think unnecessary but nevertheless submit it to you. As to the 2nd article we were of opinion that the instruction as it was first prepared was sufficient to induce the Assembly to make a proper provision for the governor; but if you should be of opinion that he should be further instructed to recommend particularly to the Assembly to provide him a house or that he may be permitted to accept of a certain sum in lieu of it, we have hereunto annexed an instruction agreeable to that given to HM's governor of Barbados for the same purpose. As to the third article relating to the quartering of troops under Mr Oglethorpe's command, we are apprehensive that if the governor be instructed to quarter them in such places as he with the advice of the Council shall judge most proper it may interfere with Mr Oglethorpe's commission, and as we are not competent judges in these affairs we have not prepared any instruction on that head. Entry. Signatories, Monson, T Pelham, J Brudenell, R Plumer. 2¼ pp. Enclosed:
321 i Draft of instruction to governor of South Carolina permitting him to accept provision by the Assembly of a house or rent for same. Entry. ½ p. [CO 5/402, pp 1–4]
322
August 10
Whitehall
Same to same. We have considered memorial of Joseph Gulston, Benning Wentworth, Richard Chapman and John Thomlinson, merchants trading to New Hampshire: they allege that the province is in a defenceless state with cannon but no powder, the militia unexercised and without proper arms. Their proposed remedy is a distinct governor which we think would be for HM's service. Entry. Signatories, Monson, J Brudenell, R Plumer, T Pelham. 3 pp. [CO 5/917, pp 281–283]
323
August 10
Georgia Office
Harman Verelst to William Stephens by Minerva, Capt Nickleson. Your last journal received by the Trustees went to 21 April but they daily expect a subsequent journal. They wrote very full to you by the Two Brothers, Capt Thomson. The Trustees now acquaint you that the Act for regulating and paying of pilots and for levying duties on ships and vessels for and towards the repair of the beacon at Tybee, and for answering the consumption of gunpowder in signals and on other occasions, has been presented to the King in Council and by HM referred to a committee who have referred it to the Lords Commissioners for Trade and Plantations to report their opinion of the said Act to enable the committee to report the same to the King for the royal approbation, which when obtained and printed will be immediately transmitted to Georgia.
The Common Council of the Trustees having on 8th instant agreed to a resolution relating to the grants and tenure of lands in Georgia, the same as soon as printed will be sent over. But the substance thereof (by this sudden opportunity of a ship going) the Trustees make you acquainted with, which is that the grants of land in Georgia heretofore made and hereafter to be made by the Trustees to any person or persons whatsoever shall be altered, made and established for the future in manner and form following, that is to say, that if a tenant in tail male of lands in the said colony (not having forfeited or determined his or her estate by any act done or suffered) shall happen to die leaving a widow and one or more daughters, the widow shall hold and enjoy the dwelling-house and garden and one-half of such lands for her life, and the other half with the reversion of such widow's house and lands to be holden in tail male by any one of the daughters of such tenant if not exceeding 80 acres, and if exceeding 80 acres by such and so many of the daughters of such tenant as such tenant shall by his or her last will direct and appoint, such daughter or daughters being unmarried and not possessed of or entitled in her or their own right to any lands in the said colony, and in default of such direction or appointment, to be holden in tail male by the eldest of such daughters unmarried and not possessed of lands as aforesaid. And in case such tenant shall leave no daughter or daughters born in his lifetime or within nine months after his death but only a widow, then such widow shall be tenant for life in the whole; or in case he shall leave no widow, then that such lands shall be holden in tail male immediately after his death, or the death of such widow if any, by such person if not exceeding 80 acres, and if exceeding 80 acres by such person or persons, as such tenant by his or her last will shall direct and appoint, and in default of such direction or appointment to be holden in tail male by the heir-at-law of such tenant. Provided the same be claimed in twelve months if residing in America and eighteen months if out of America after the death of such tenant and that no appointment by a tenant of lands exceeding 80 acres shall be made of any lands in a lesser quantity than 50 acres to one person. And that in the grants hereafter to be made of 80 acres or more the grantee shall have a power of giving and devising the same by his or her last will to his or her son or sons in tail male but not in any lot or portion under 50 acres, and in default of such devise then to descend to the eldest son in tail male. Which resolution, having been well considered, is introduced with the necessary preamble occasioning the same, and the Trustees make no doubt of its having the desired effect. Entry. 1¾ pp. [CO 5/667, pp 274–276]
324
August 14
Boston
Governor Jonathan Belcher to Duke of Newcastle. The 9th current arrived here HMS Tartar, Capt Townshend, by whom I received your letter of 15 June covering HM's warrant to me under his royal sign manual authorizing and empowering me to grant commissions of marque and reprisal for arming and fitting out private ships of war against the ships, goods and subjects of the King of Spain. I have in obedience to HM's order issued the enclosed proclamation and have since that had applications made to me for such commissions as HM has directed to, and the day after Capt Townshend's arrival I sent forward by express the packets he brought for HM's governor as far westward as Virginia which I thought would be the most safe and expeditious conveyance, and those for Annapolis Royal and for Canso went forward the same day by two several vessels, that I hope HM's dominions in North America will have such early notice as to surprise some of the goods and ships of the subjects of the King of Spain before they may have notice of the present situation of affairs between Great Britain and Spain. As anything material shall occur in these parts of HM's dominions, I shall give you the earliest notice I possibly can. Signed. 3¼ small pp. Endorsed, R, 1 October. Enclosed:
324 i Boston, 10 August 1739. Proclamation by Governor Belcher notifying authority to issue letters of marque for privateers to seize ships, etc belonging to King of Spain. Printed by J Draper. 1 large p. [CO 5/899, ff 378–380d]
325
August 14
Boston
Same to Commissioners for Trade and Plantations. I have already written to you by this conveyance, in which I find I omitted to say that the Assembly of this province desired me in their last session to place an officer with six men in what is called Fort Frederick at Pemaquid, and which I have accordingly done. And in case of a war I hope that place will be made tenable and reinforced; what Col Dunbar did there was but a sham pretence of making a fortification. When I was there five years ago it was mostly tumbled down, being at first only a parcel of loose dry stones laid one upon another, not much better than what we commonly make here for pens for sheep. Enclosed proclamation is in consequence of HM's orders to me by the Tartar, Capt Townshend. Signed. 2½ small pp. Endorsed, Recd. 28 September, Read 17 October 1739. Enclosed:
325 i Boston, 10 August 1739. Proclamation by Governor Belcher that letters of marque may be taken out against Spanish ships and effects. Copy of no 324i. Printed by J Draper. 1 large p. [CO 5/881, ff 155–157d]
326
August 14
Barbados
President James Dottin to Duke of Newcastle acknowledging receipt last Thursday, about 10 o'clock at night, of letter of 15 June with HM's order for granting letters of marque and reprisal against the Spaniards. Proclamation issued notifying same. Being applied to by Capt Samuel Spofferth for a letter of marque I caused a commission, instructions and bond to be prepared which I sent to the attorney-general for his perusal and afterwards laid them before the members of HM's Council for their advice. And they having compared them with a former commission and instructions which was approved of by the governor of this island and Council as fit to be granted in 1719 soon after the war with Spain first happened and which were the only precedents that could be found here, they advised me to issue the commission and instructions in the form you will see by the copies enclosed on such bond with sufficient security of the tenor of the enclosed copy. And thereupon observing by your letter that the British subjects were left at liberty to annoy the Spaniards in the best manner available I issued the commission and instructions accordingly and shall be exceedingly pleased if their form be agreeable to you; otherways I will spare no pains in getting them vacated and recalled on the first notice. Capt Spofferth, who I think is a person of good sense and conduct, apprehends he can safely pilot HM's ships of war in these parts to a port where three Spanish vessels of the value of 100000l lie secure without any other protection than their own strength, and he conceives they may very easily be made prizes of. I have recommended the affair to Capt Reddish and Capt Craufford who, if they undertake it and should succeed therein as I hope they will, it may be of vast service to the nation. If this dispute with Spain should produce a war with France I presume again to mention that, if this island is worth preserving, it cannot be well done unless there is a supply of smallarms and ammunition sent hither for the use of the inhabitants who are unable to buy, and there are none in the magazine to furnish them with, nor without several ships of war being sent for the protection of the trade which will be greatly interrupted by the French at Martinico whose settlements there, at St Lucia and the other islands, are greatly increased and who greatly exceed us in the number of their small vessels and men. Signed. 2½ small pp. Endorsed, R, 1 October. Enclosed:
326 i Pilgrims, 13 August 1739. Letters of marque issued by President Dottin to Samuel Spofferth, commander of sloop Popple. With instructions to same of same date. Copy. Signatories, James Dottin, William Duke, deputy secretary. 3½ pp.
326 ii 11 August 1739. Proclamation by President Dottin declaring his authority to issue letters of marque. Copy. Signatories, as no 326i. 1½ pp.
326 iii 13 August 1739. Bond in sum of 1500l entered into by Capt Spofferth to observe instructions and customary rules and orders relating to the taking of prizes. Copy. 1 p. [CO 28/45, ff 414–421d]
327
August 14
London
Memorial of Richard Partridge, in behalf of great numbers of inhabitants of New Hampshire, to Commissioners for Trade and Plantations opposing suggestions of Mr Thomlinson and others that New Hampshire should cease to be under Massachusetts. Signed. 1½ pp. Endorsed, Recd. 14 August, Read 15 August 1739. [CO 5/881, ff 113–114d]
328
August 15
John Thomlinson to Commissioners for Trade and Plantations. I am informed that a memorial is this day laid before you by Mr Partridge containing many unjust and false insinuations against me. I therefore pray opportunity not only to vindicate myself but also to set you right in that whole affair. Signed. ½ small p. Endorsed, Recd., Read 15 August 1739. [CO 5/881, ff 115, 115d, 118, 118d]
329
August 15
Objections by Ralph Noden to Act of Bahamas laying excessive duties on vessels arriving and departing from there, and especially on the raking of salt. Bermuda's trade depends on loading salt from Turks Island, an uninhabited island among the Bahamas. Signed. 1½ pp. Endorsed, Recd. 15 August, Read 16 August 1739. [CO 23/4, ff 66–67d]
330
[August 15]
Proceedings of the commissioners of review of the dispute between Connecticut and the Mohegan Indians in May and June 1738. Copy. Signatories, John Wanton, John Chipman, Peter Bours, William Anthony, James Arnold, Philip Arnold, Rowse Helme. 17 pp. Endorsed, Recd. from Mr Paris. Recd., Read 15 August 1739. [CO 5/1269, ff 64–73d]
331
[August 15]
Governor James Glen's remarks on Mr Hammerton's case relating to office of register of lands and mortgages in South Carolina. There is no need to alter the governor's instructions as Mr McCulloh has suggested. The governor will protect him as he will all other officers: an express instruction to do so may be thought partial. The request for extraordinary membership of the Council is an innovation not to be admitted without most mature consideration. The Court of Exchequer will remedy frauds in the land office. On Mr Hammerton's case it appears by the Acts of 1694 and 1698 that there were two distinct offices, one called secretary and register, the other register of lands. The former is a Crown office, the latter is of less dignity and relates merely to matters of private right. The former is granted by the Crown to Mr Bertie and Mr Hammerton [MS: Hamilton] by letters patent of 11 February 1730/1; the latter is granted from time to time by the governor. The secretary is not register of lands in Jamaica, Virginia or the Leeward Islands. Mr Hammerton did not claim the two offices till many years after the passing of the Quitrent Act. Draft. 5 pp. Endorsed, Recd., Read 15 August 1739. [CO 5/367, ff 45–48d]
332
August 16
John Hammerton to Thomas Hill asking for copy of Governor Glen's objections to his being register. Signed. 1 small p. Endorsed, Recd., Read 16 August 1739. [CO 5/367, ff 49, 49d]
333
August 17
Jamaica
Governor Edward Trelawny to Duke of Newcastle. In my letter of 5 December 1738 I informed you of the very bad state the soldiers' arms were in and the officers' opinion of the sort of arms that would be most serviceable in this country. I beg to renew my request upon that head, for upon account of the ill condition the arms now are in I have been obliged to furnish HM's troops with the arms of the country upon every emergency and in the present situation of affairs the country cannot well spare them. Duplicate. Signed. 1 p. Endorsed. R, 22 November. [CO 137/56, ff 245–246d]
334
August 17
Jamaica
Same to Philip Baker. I wrote to the Duke of Newcastle 5 December last for arms for the independent companies, their own being in so bad a condition as to oblige me to furnish them with the arms of the country upon every emergency, which in the present situation of affairs the country cannot well spare. The officers' opinion was that light carbines with cutlasses would be greatly preferable to heavy firelocks which are less serviceable in the woods where service is usually performed, and a great encumbrance to the soldier by their weight in this hot climate. I therefore desired such, but as the Negroes are come in and I hope we shall have no occasion for fighting in the woods more, swords instead of cutlasses and such arms as the foot has in England will now I believe be the best. The muskets should be mounted with brass, as those lately given to the country were, and if you can get them with brass barrels too it would be much better as iron rusts so prodigiously in this country. I desire you will solicit for powder, ball and flints for each company to be sent annually. Copy. 1 small p. Endorsed, In Sir W Yonge's of 11 December 1739. [CO 137/48, ff 58–59d]
335
August 18
London
Governor Richard Fitzwilliam to Thomas Hill denying that duties on ships trading to the Bahamas are excessive. Licences from the governor cost twelve rials. Signed. 1 small p. Endorsed, Recd. 20 August, Read 29 August 1739. [CO 23/4, ff 68–69d]
336
August 23
Francis Fane to Commissioners for Trade and Plantations stating no objection in point of law to Act passed by Trustees for Georgia for regulating pilots, laying duty on shipping, and laying another duty on shipping for repair of beacon on Tybee Island. Signed. 1 small p. Endorsed, Recd. 23 August, Read 29 August 1739. [CO 5/367, ff 51–52d]
337
August 23
Palace Court
Minutes of Trustees for Georgia. Read letter from Philip Bearcroft, secretary of SPG, undertaking to pay 50l a year for three years to Rev William Norris unless the Trustees can provide for him sooner. Read letter from Col Oglethorpe to the accountant [no 349i] about Spanish intrigues with Indians and the necessity for his going to Coweta; resolved that a copy thereof be sent to the Duke of Newcastle and that a memorial to his grace be drawn up setting forth that the grant by Parliament is for the civil establishment of the colony and the Trustees look on themselves as unable to use it for the expenses of Col Oglethorpe's journey. Referred letter from William Stephens dated 19 May and journal to committee of correspondence. Entry. 2¼ pp. [CO 5/687, pp 132–134]
338
August 23
Georgia Office
Benjamin Martyn to Rev Dr Philip Bearcroft acknowledging resolutions in favour of Mr Norris, missionary at Frederica. Entry. ¼ p. [CO 5/667, p 276]
339
August 24
Antigua
Governor William Mathew to Commissioners for Trade and Plantations sending minutes of Assembly of Antigua for year ending 25 June 1739. Signed. 1 small p. Endorsed, Recd. 1 November, Read 6 November 1739. [CO 152/23, ff 238, 238d, 241, 241d]
340
August 25
Kensington
Leave of absence to Richard Fitzwilliam, governor of the Bahamas, for three months from this date. Entry. 1 p. [CO 324/37, pp 148–149]
341
August 25
Stanway
Robert Tracy to Harman Verelst acknowledging and approving the resolutions. People in Georgia and those who go over should have all possible encouragement. I do not despair but that the colony may turn out well notwithstanding malicious reflections cast upon it and upon the Trustees. Signed. 1 small p. Addressed. [CO 5/640, ff 360–361d]
342
August 25
Warwick
Henry Archer to Harman Verelst returning the resolutions with suggested amendments. In my opinion it is very right to leave out the restriction on unmarried daughters but I am a little doubtful how far it may be proper to insist upon security from the second husband of the tenant's widow. The second instrument seems more proper to be made by Common Council than by Trustees. Signed. 1 small p. Addressed. [CO 5/640, ff 362–363d]
343
August 26
Hursley Lodge
Sir William Heathcote to Harman Verelst acknowledging paper relating to tenure of lands in Georgia. I hope it will make the people easy for the future. Signed. ½ p. Addressed. [CO 5/640, ff 366, 366d]
344
August 27
Whitehall
Sir William Yonge to Duke of Newcastle enclosing latest application by Governor Richard Fitzwilliam for rebuilding barracks and furnishing provisions, fire, candle and medicines for troops in the Bahamas. These are new expenses. I have omitted taking any notice of his former memorials. Signed. 1 small p. Endorsed, R, 27 August 1739. Enclosed:
344 i Extracts from Governor Fitzwilliam's memorial requesting regular supply of provisions, etc and rebuilding of barracks. By the mutiny in the Bahamas garrison it plainly appears that troops will not keep faithful without these things. Copy. 1¾ pp. [CO 23/14, ff 304–307d]
345
August 27
Lanhydrock
John Laroche to Harman Verelst. No objection to the provision the Common Council thinks proper to make to satisfy their present tenants in Georgia on failure of male issue. Signed. ½ p. Addressed. [CO 5/640, ff 364, 364d]
346
August 28
Thomas Lowndes to Thomas Hill. I have communicated to the merchants of London a method to regulate the paper currency of America and as soon as I receive it back I will lay the same before the Commissioners for Trade and Plantations and their lordships shall most candidly be informed by me whether the merchants approve or disapprove of what I have proposed. Signed. ½ small p. Addressed. Endorsed, Recd. 28 August, Read 29 August 1739. [CO 323/10, ff 154, 157]
347
August 28
Palace Court
Minutes of Common Council of Georgia. The board, considering that an alteration of the tenure of lands in Georgia on failure of issue male would be an encouragement to the people there and might be an inducement for others, came to several resolutions; deed containing them to be engrossed and seal affixed. Read draft of deed-poll relating to forfeited lots; seal to be affixed. Ordered that printed copies of the resolutions be sent to Georgia. Read letter from Hugh Anderson concerning poor quality of some land in Georgia; referred it to a committee. Entry. 2 pp. [CO 5/690, pp 256–257]
348
August 28
Palace Court
Minutes of Trustees for Georgia. Approved letter to Duke of Newcastle to be sent with copy of Col Oglethorpe's letter. Entry. ½ p. [CO 5/687, p 135]
349
August 28
Georgia Office
Benjamin Martyn to Duke of Newcastle enclosing the following. The service to be performed by Col Oglethorpe's long journey on this occasion, though so highly necessary not only for the preservation of Georgia but of all HM's other possessions on that part of the continent of America, cannot be perfected without very extraordinary expenses attending it; and as such expense could not in any manner be provided for in the sum granted by Parliament this last session for the further settling and improving the colony of Georgia (which includes only the payment of unavoidable debts before contracted and the charges of further settling and improving the colony, wherein the ordinary annual presents to the Indians bordering on the British settlements there is a part, but not any expense for the defence and security of the colony); and as the extraordinary presents on this particular occasion necessary to gain and preserve the friendship of those several nations of Indians to HM's subjects is the only means of securing them and HM's possessions against all attempts that may be made to disturb them, the Trustees on behalf of Col Oglethorpe, who has been obliged to buy horses and presents to carry up with him to the appointed meeting of the said Indians, do represent to you these expenses as not relative to the civil government of the colony, that when the account of them shall be sent over they may be defrayed as a service incurred for the preservation of all HM's subjects upon that part of the continent of America. Signed. 1¾ pp. Enclosed:
349 i Extract of letter, dated at Frederica on 15 June 1739, from Col James Oglethorpe to Harman Verelst. I have received frequent and confirmed advice that the Spaniards are striving to bribe the Indians, and particularly the Creek nation, to differ with us, and the disorder of the traders is such as gives but too much room to render the Indians disaffected, great number of vagrants being gone up without licences either from Carolina or us. Chigilly and Malachee, the son of the great Brim who was called emperor of the Creeks by the Spaniards, insist upon my coming up to put all things in order and have acquainted me that all the chiefs of the nation will come down to the Coweta Town to meet me and hold the general assembly of the Indian nations where they will take such measures as will be necessary to hinder the Spaniards from corrupting and raising sedition amongst their people. As this journey, though a very fatiguing and dangerous one, is quite necessary to be taken, for if not the Spaniards who have sent up great presents to them will bribe the corrupt part of the nation and, if the honester part is not supported, will probably overcome them and force the whole nation into a war with the English, Tomo Chachi and all the Indians advise me to go up. The Coweta Town, where the meeting is to be, is near 500 miles from hence: it is in a straight line 300 miles from the sea. All the towns of the Creek nation and of the Cousees and Talapousees, though 300 miles from the Cowetas, will come down to the meeting. The Choctaws also and the Chickesaws will send thither their deputies so that 7000 men depend upon the event of this assembly. The Creeks can furnish 1500 warriors, the Chickesaws 500, and the Choctaws 5000. I am obliged to buy horses and presents to carry up to their meeting. Copy. 1¾ pp. [CO 5/654, ff 217–220d; entry of covering letter and enclosure in CO 5/667, pp 267–268]
350
August 29
Whitehall
Order of Committee of Council for Plantation Affairs referring draft instructions for Governor Byng of Barbados back to Commissioners for Trade and Plantations for particular account of what has been added to 26th article relating to the governor's appointments. Seal. Signed, W Sharpe. ¾ p. Endorsed, Recd., Read 4 September 1739. [CO 28/25, ff 90, 90d, 93, 93d]
351
August 29
Whitehall
Same referring the following papers to Commissioners for Trade and Plantations, who are to furnish account of what stores in Bermuda are fit for service and what need to be sent there. Seal. Signed, W Sharpe. ¾ p. Endorsed, Recd. 1 October, Read 16 October 1739. Enclosed:
351 i Bermuda, 23 September 1738. Governor Alured Popple to Duke of Newcastle. Since I wrote to you on 21 August the Council and Assembly of these islands met again in order to address HM and thank him for the stores sent hither, which address I now enclose to you. Although I could not put my name to it on account of the public compliment the Council and Assembly were determined to make me, yet I beg leave to add my reasons in support of their request for some additional stores. These islands are very well fortified by nature. Yet there are several places where ships and vessels may come in but these places are protected by forts and batteries. As therefore it is necessary to divide the stores that remain in these islands in so many different places no one of these forts or batteries has a proper supply. The situation of these islands is such that all homeward-bound vessels must pass within 20 or 30 leagues of them, very frequently within sight as I have found since my being here. It is for this reason therefore that these islands are of such consequence to Great Britain, for should they ever for want of protection fall into the hands of the French or Spaniards the trade carried on between Great Britain and HM's colonies in America would be rendered very precarious if not entirely dependent upon the possessors of Bermuda, for with the assistance of five or six light frigates the trade abovementioned may be intercepted. I could say much more upon this subject but that I am fearful of taking up too much of your time. However, I can't avoid mentioning, in favour of the request now made to HM through your means of a further supply of stores of war, that upon a thorough inspection now made of the several forts and batteries in Bermuda a general repair is begun, and I take the liberty of assuring you that the expense thereof and of mounting several guns that are useless for want of carriages entirely disables the inhabitants from purchasing such stores as are absolutely necessary to render these forts and batteries defensible when repaired. These repairs are left to my direction as you will see by the minutes of Council and I assure you that I will employ my utmost care and diligence to see them completed. I am sorry yet to be troublesome to you on account of a new set of arms I asked for the independent company before I left England. When I arrived I found those the company now have worn so very thin as to be generally not safe to fire: not above a third of them have bayonets and they in a sad condition. You will therefore forgive me I hope if I once more beg your favourable directions upon my memorial on this subject now in your office.
As it is a duty enjoined me by my instructions to acquaint you with everything I may judge for the safety and defence of these islands I beg to mention the addition of 50 men to the independent company now here as a matter of the greatest service in that particular for these reasons. Although there are several places where vessels with good pilots may enter yet there are but two considerable, each defended by two forts. In the King's Castle, one of the two forts at the entrance into the Castle Harbour, there are four matrosses but never more than two at a time; and at Pagett's Fort, one of the two forts at the entrance to St George's Harbour, there are but two matrosses, one of which is constantly there. At the other two forts there are none except at an alarm or in time of war when what strength can be spared from the militia is sent to the several forts. But as the inhabitants of these islands (who are all of the militia from 15 to 60 years of age) are generally seafaring men the major part of this militia must often be off the island, so that upon any review the militia under arms are not above half the number of those who are on the muster rolls. And if the several forts are to be manned out of the militia their families would suffer in time of peace, and in time of war the body of men that would remain would be very inconsiderable. Whereas was the independent company increased to 100 men the four forts at the entrance of the two harbours might be manned and regularly relieved by the company and yet a body of the King's company remain in town and at the platform for further service, the militia might be disposed of in proper places in the country where boats may land men, and then I am of opinion these islands may with ease be protected from such dangers as at present they lie exposed to. I have given orders for a general review of the militia that I may do the utmost in my power towards the discharge of every branch of my duty, but the militia has been so much neglected, not having been reviewed but once in nine years, that I found it very difficult to prevail with those gentlemen who had formerly served to take commissions again. Copy. 2½ pp.
351 ii Address of Council and Assembly of Bermuda to the King thanking him for appointment of Governor Popple and for a supply of warlike stores. More stores are needed. Should these island fall into other hands the trade of America would become dependent on them. Copy. Signatories, (Council) Andrew Auchinleck and 6 others; (Assembly) Joseph Dill and 27 others. 2 pp.
351 iii 29 September 1738. List of stores absolutely wanted for fortifications and batteries of Bermuda by returns of the committees appointed to survey the same. Copy. Signatory, S Smith, clerk of the committees. 1 large p.
351 iv Minutes of Council of Bermuda, 5, 6 and 7 September 1738. Copy. Signatories, Alured Popple. 5½ pp.
351 v 23 August 1738. Report of committee of survey of fortifications at east end of Bermuda, with list of what stores are needed. Copy. Signatories, (Council) Leonard White, Robert Dinwiddie, Samuel Burrows; (Assembly) Robert Hutcheson, Stephen Judkin, Benjamin Harvy. 1 large p.
351 vi Like report for southwest and west end of Bermuda. Copy. Signatories, (Council) Francis Jones, John and Nathaniel Butterfield; (Assembly) John Harvy, Henry Tucker, Peter Mallory. 1 large p. [CO 37/13, ff 110–113d, 115–124d]
352
August 29
Whitehall
Order of Committee of Council for Plantation Affairs referring back to Commissioners for Trade and Plantations the enclosed report to be reconsidered in the light of the enclosed memorial and addresses. Seal. Signed, W Sharpe. 1¼ pp. Endorsed, Recd. 4 September, Read 6 September 1739. Enclosed:
352 i Whitehall, 10 August 1739. Report of Commissioners for Trade and Plantations to Committee of Council for Plantation Affairs. Copy of no 322. 2 pp.
352 ii London, 14 August 1730. Memorial of Richard Partridge to Committee of Council for Plantation Affairs [sic: should be Commissioners for Trade and Plantations]. Copy of no 327. 2 pp.
352 iii Address of freeholders and inhabitants of New Hampshire to the King. We are informed that Mr Tomlinson has petitioned that New Hampshire be no longer under the governor of Massachusetts; nothing could be more injurious. New Hampshire is too poor to support a separate governor and would be too exposed to attack without the protection of Massachusetts. Pray to be joined to Massachusetts or at least to continue under the present governor. Copy. Signatories, Nathaniel Weare and 71 others. 2 pp.
352 iv Same to same to same effect. Copy. Signatories, John Calfe and 21 others. 2 pp.
352 v Same to same to same effect. Copy. Signatories, John Clark and 62 others. 2 pp.
352 vi Same to same to same effect. Copy. Signatories, Daniel Gilman and 257 others. 3½ pp.
352 vii Same to same to same effect. Copy. Signatories, Nathaniel Prescut and 72 others. 2 pp. [CO 5/881, ff 135–144d]
353
August 30
Whitehall
Commissioners for Trade and Plantations to Committee of Privy Council. Pursuant to Order of 31 July last we have considered the petition of Henry McCulloh. As we are of opinion that the 15th and 16th instructions given to Mr McCulloh are proper to prevent many abuses and frauds that may hitherto have been practised in relation to grants of land, so we apprehend it will be for HM's service that the said instructions should be given to his governors of North and South Carolina whom they most immediately concern. We are likewise of opinion that it would be for HM's service that his governors of North and South Carolina should be aiding and assisting to Mr McCulloh in carrying into execution HM's commission and instructions for the purposes therein contained; and, considering the importance of his office and to give a greater sanction to it, we are also of opinion that it would be for HM's interest and service that he should be appointed a Councillor extraordinary in the said provinces of North and South Carolina. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 2½ pp. [CO 5/402, pp 4–6]
354
August 30
Whitehall
Same to same. Pursuant to Order of 27 July 1738 we have considered the petition of John Hammerton to be established in the office of register of South Carolina. We find by his patent 'he is to be present at all meetings of the Governor and Council and of the Assembly and to keep an exact register of all their proceedings, acts and orders, and also to receive from the surveyor or surveyors-general all certificates of lands by him set out and surveyed and to draw up all leases, conveyances and assurances of land and to enrol the same and to do and perform by himself or by his deputy all other acts usually done by the former secretary in the province.' We have also been attended by Mr Hammerton and have had before us several papers relating to this affair that were transmitted hither by the Governor and Council of South Carolina upon a dispute that happened in 1732 between the late governor and Mr Hammerton upon the governor's appointing his son register of lands. We have likewise been attended by Mr Glen, HM's governor, and having heard what he had to offer we take leave to represent that we find Mr Hammerton has been admitted to and does enjoy all the branches particularly mentioned in the patent. But there is likewise an office for registering mesne conveyances and mortgages which he also claims, alleging that it was enjoyed by his predecessors as secretaries and registers of the province and therefore ought to be enjoyed by him. We do not find when this office for registering mesne conveyances and mortgages was first established but by an Act of Assembly passed in 1694 entitled an Act for the better and more certain keeping and preserving of all registries and all public writings of this part of the province, which Act was in force three years only, we find several directions for keeping the records in that province, and after describing in what manner the secretary of the province shall register original grants of land and other branches of his business and likewise what some other officers shall do it proceeds and says likewise how the register of lands shall keep his records. Mr Hammerton alleges this business was done by the secretary of the province at that time and was always executed by the same officer till 1714 when Governor Nicholson, who was appointed provisional governor of that province, nominated a separate officer for the registering the conveyances and mortgages of lands. We find likewise that an Act was passed in 1719 for reviving the Act of 1694 and as it nowhere appears by the papers before us how or by whom that officer was appointed before 1719 it may be presumed on what Mr Hammerton alleges, which is not contradicted by the person who contested this affair with him, that the secretary of the province might also be register of lands before that time; but the officer so appointed by Governor Nicholson continued to execute the office for registering of land till 1723 when he resigned and another was appointed by the said governor in his room, which person was continued in this office by the succeeding governor notwithstanding Mr Bertie was appointed secretary and register of the province by patent under the Lords Proprietors in 1725 in as full and ample manner as Mr Hammerton is by the patent now before us, and the office for registering conveyances and mortgages of land was a separate office at the time the patent for granting the office of secretary and register was passed to Mr Bertie and Mr Hammerton. Having thus laid before you the state of the case as it appears to us from such Acts and papers as are before us, and not finding by any of the said Acts that there was a particular appointment of any such officer, we must submit whether HM may not be pleased to declare his intention that it shall be enjoyed by the present secretary and register of the province provided he do take care to keep all the books for registering mortgages and mesne conveyances in a distinct and separate office. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 4¾ pp. [CO 5/402, pp 7–11]
355
August 30
New York
Lieut-Governor George Clarke to Duke of Newcastle. On 16th instant I received your letter of 19 [sic, see 15] June last enclosing HM's warrant authorizing me to grant commissions of reprisal on the Spaniards; the publication whereof in a proclamation which I issued the next day, and the London newspapers of the month of June which came to town two days after, alarmed the people of this place with apprehensions of an open rupture with Spain but more especially with fears of seeing the French take part with them against us. However that may be, I think it my duty to lay before you our present wants which I do by sending you a copy of my letter to the Lords of Trade and of the account of our stores, presuming their lordships will make such a representation to you as they think may be necessary to supply the garrisons and to keep the Six Indian Nations steady in our interest. Signed. 1½ small pp. Endorsed, R, 26 November, duplicate. Enclosed:
355 i New York, 30 August 1739. Same to Commissioners for Trade and Plantations. Copy of no 356. 3½ small pp. Endorsed, as covering letter.
355 ii List of goods required for Indian presents. Copy of no 356i. 1 p.
355 iii Fort George, New York, 1 November 1737. Account of ordnance, etc. Signed. Copy of no 356ii, William Bond, storekeeper. 1 large p. [CO 5/1094, ff 110–116d]
356
August 30
New York
Same to Commissioners for Trade and Plantations. The orders I have received to grant letters of marque and reprisal against the Spaniards and the English newspapers of the month of June have possessed the people of this province with apprehension of a sudden war with Spain with whom they fear France will take part against us, in which event as we are a frontier province bordering upon Canada they expect the first attack will be made upon us and are the more uneasy knowing in how ill a posture of defence we are at present for want of ammunition and all other warlike stores. Whether their apprehensions of a war are well or ill grounded I know not but I think it my duty to lay before you the enclosed account of the stores, etc in the fort of New York, whereby you will see our wants, hoping you will make such representation thereof as may procure a quantity of all sorts of stores answerable to our present necessities. I beg you to consider that the forts at Albany, Schenectady, the Mohawks country and Oswego are to be supplied out of the stores to be sent hither, for they have small artillery yet they have no ammunition. Soon after Lord Delawarr was named for the government of this province he wrote to me for an account of our stores and in February 1738 I sent him a copy of that signed by Capt Bond in November 1737. The carriage-wheels which in that account are called good are only comparatively so as they are better than the rest but in truth are fit for little service. The muskets mentioned to be good are in the store and over and above what are actually in use.
In case of a rupture with France it will very highly concern us to make sure of the Six Nations which can be best and only done by making them large presents as has been customary. The several sorts of goods necessary for that purpose are contained in the enclosed list, and if you in the present posture of affairs think it necessary I should be supplied with them I beg you will direct Messrs Samuel and William Baker, merchants, London, to buy them and send them to me, they being perfectly well acquainted with goods of that kind as they ship large quantities of them yearly to Albany. If 500l, which I am informed has been usually given to a governor for Indian presents in time of peace, was no more than sufficient a larger sum will be absolutely necessary in case of a war with France. You well know how useful the Six Nations have been to us: it was by their influence on the French Indians that our planters and those of all the other provinces lived in security all the last French war until the Canada expedition was set on foot, and I am in hopes by presents if I am full-handed to procure by their means the like repose for the future. For if they are neuter the French will not venture to molest us and certainly it will be of great advantage to all the provinces, our settlements being abundantly more numerous than those of the French and altogether unguarded.
About a month ago I received intelligence that a party of French and Indians were marched from Canada with a design to attack the Cherokees and other Indians lying on the back of Carolina and Georgia under HM's protection, that it was given out that they were to be joined by other French and Indians from Mississippi: of which I sent immediate notice to the governors of Virginia and Carolina and to Gen Oglethorpe hoping they may, as I believe they will, have time enough to give those Indians intelligence that they may either be prepared for their enemies or retreat as they find it necessary. Some of our young Mohawks joined the party from Canada contrary to their promises, not being to be restrained by the advice or persuasion of their sachems and the Southern Indians. But if Mr Gooch to whom I have wrote on that subject disposes the Southern Indians to terms of amity I hope and doubt not of bringing the Six Nations to it, and I have proposed to Mr Gooch that the deputies from the Southern Indians meet the Six Nations at Albany next summer which is as soon as those deputies can well be there. Signed. 2¼ small pp. Endorsed, Recd. 1 November, Read 6 November 1739. Enclosed:
356 i List of goods required for Indian presents. 1 p.
356 ii Fort George, New York, 1 November 1737. Account of ordnance, ordnance stores, smallarms, etc. Signed, William Bond, storekeeper. 1 large p. [CO 5/1059, ff 109–113d]
357
August 31
Whitehall
Commissioners for Trade and Plantations to Committee of Privy Council. In pursuance of Order of 31 July last we have considered Act passed by the Trustees for Georgia entitled an Act for appointing pilots, etc. Mr Fane has no objection to it in point of law. We have no reasons to offer why it may not receive HM's approbation; but as we cannot judge what effect the execution of it may have we could have wished it had been rather temporary than perpetual. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 1¼ pp. [CO 5/402, pp 11–12]
358
August 31
Same to Governor Edward Trelawny. Since our letter to you of 20 July 1738, we have received yours of 12 October and 21 November 1738 and 30 March and 7 and 10 May 1739, with the papers referred to therein. We congratulate you on the success you have had in concluding a treaty with Capt Cudjoe, chief of the rebellious slaves, and hope that this accommodation will be attended with such beneficial consequences to the island as you seem to promise yourself from it. We shall not omit any proper opportunity of recommending the interests of the island under your government to HM's protection, and shall always be ready to do what in us lies towards obtaining you such assistance as may promote both the settlement and security thereof; but we are apprehensive such an application to Parliament as you mention will be attended with great difficulties. However, as you have at the same time that you wrote to us applied to the Duke of Newcastle upon that head, we doubt not but he will contribute whatever may lie in his power to so public a service. We do not at present send you our opinion upon the Acts you transmitted to us, they being still before HM's counsel for his opinion, but whenever we make our report upon your revenue law we shall transmit the reasons of the Council which induced you to give your assent to it. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 2½ pp. [CO 138/18, pp 296–298]
359
August 31
Whitehall
Same to Governor William Mathew acknowledging letters of 14 September, 21 October, 27 November and 5 December 1739, 13 January, 5 February, 3 March, 21 April, 2 and 30 June 1739, with public papers. We have likewise seen yours to our secretary of 17 June, 21 July and 5 August 1738. We hope that the want of Councillors in Antigua has now been removed by HM's approbation of Benjamin King, William Mackinen and Richard Oliver. We have also recommended Edward Jessup and John Milles to supply vacancies in the Council of St Christopher's. We have not yet considered all the Acts you transmitted but that for the reduction of interest in Antigua has been recommended to lie by. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 2 pp. [CO 153/16, pp 163–164]
360
August 31
Whitehall
Same to President James Dottin acknowledging letters of 6 September and 4 November 1738 and 28 May 1739. We do not at present apprehend any immediate rupture with France but should any such thing happen we shall take the first opportunity of reporting the state of your island to HM and we shall particularly take notice of your desire of having in such case some men-of-war stationed with you for your defence. In the meantime we commend the endeavours you are using to put your fortifications in good order and hope they will be attended with success. We have considered your letters and have discoursed with Governor Byng about them. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 1½ pp. [CO 29/16, pp 198–199]
361
August 31
Woodhay
William Sloper to Harman Verelst. No objection to resolution of the Trustees for Georgia relating to grants and tenures. Signed. 1 small p. Addressed. [CO 5/640, ff 367–368d]

Footnotes

1 MS damaged: one or two words missing in this and some subsequent lines.