America and West Indies
September 1727

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1936

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347-365

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'America and West Indies: September 1727', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 347-365. URL: http://www.british-history.ac.uk/report.aspx?compid=72354 Date accessed: 26 July 2014.


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Contents

September 1727

Sept. 2.
Charles
Town.
691. Capt. Massey to Kingsmill Eyre Esq. at the Horse Guards. Refers to accounts and establishment of his company, and encloses copy of letter to the Secretary of War announcing the abandonment of Fort King George in order to protect Port Royal and the Southern Settlements pursuant to the desire of the Government etc. Enclosed,
691. i. Council and Assembly of S. Carolina to Capt. Massey. 26th Aug. 1727. In view of the extreme danger of the Southern Settlements from the Indians (who have lately there murthered several of H.M. subjects), etc., request him to remove his Company to Port Royal. Signed, Benja. De La Conseillère, William Buck, Cha. Hart, Secry., A. Skene, B. Schenckingh, Tho. Broughton, Speaker.
691. ii. President Middleton to Capt. Massey. Aug. 31st, 1727. To same effect, with clause quoted Sept. 14th q.v.
691. iii. Capt. Massey to Henry Pelham, Secretary at War. Charles Town, 31st Aug., 1727. v. covering letter. The whole endorsed, Recd. 20th, Read 28th Nov., 1727. Copies. 3¼ pp. [C.O. 5, 360. ff. 30–31v.]
Sept. 7.
Whitehall.
692. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract from Mr. Ayscough's letter, 16th July. Continue:—By which you will perceive what confusion that Island is in, and how necessary it is that the Govr. should be sent there with all convenient speed properly instructed. Your Grace will be pleased upon this occasion to observe that part of the funds in the draut. of the Revenue Bill which has been so long the subject of contest here, computed at £3,000 pr. annum, may probably fall very short of that value, and therefore it will import H.M. that more sufficient funds should be substituted in the room of some of those mentioned in the said draut. particularly of the duties relating to indigo before H.M. shall be gratiously pleased to confirm their Laws. [C.O. 138, 17. p. 236.]
Sept. 8.693. Governor Montgomerie to the Council of Trade and Plantations. Applies for the confirmation of the Acts of New York, (i) for the more easy partition of lands in common, (ii) amending the practice of the law, and Acts of New Jersey (i) concerning the duty of the Commissioners appointed to manage the loan offices, and (ii) for an additional support of this Government and making current £40,000 in bills of credit etc. Continues:— The paper currency established by the said Act is free from all the inconveniencys which has attended that sort of money in other H.M. American Provinces this currency being only used as a necessary remedy for the deficiency of gold and silver specie and thereby to prevent a stagnation of commerce, and to set New Jersey upon an equal foot with its neighbouring Colonies etc. There is in the Loan Office a very considerable sum arisen by interest upon the bills of credit over and above the necessary sinking fond, which will absolutely pay off and discharge the said paper currency. Which money Memorialist begs yr. Lordps. to permitt to be applyed to the publick services of the Government. For yr. Memorialist hopes yr. Lordps. Would not force him upon so ungratefull a proceeding at his first arrival in his Government as to propose a new tax and burthen to the Province to bear the necessary support of the Government, when there lyes so much useless money in their coffers already. Set out, N.Y. Col. Docs. V. p. 832. Endorsed, Recd. Read 8th Sept., 1727. 1 p. [C.O. 5, 1054. ff. 163, 164v.]
Sept. 8.
Whitehall.
694. Mr. Popple to Mr. Fane. Asks for reports upon Acts of New York sent to him 23rd Feb. and 10th March. [C.O. 5, 1124. p. 438; and, (rough draft) 5, 1079. No. 146.]
Sept. 11.
Fort Fredric.
695. Lt. Governor Gledhill to the Council of Trade and Plantations. In perfect obedience to your Lordships commands received by the Drake sloop the 3rd of Sept. in the most solemn manner, having conven'd the principal planters and Comanders of ships here wee unanimously with one heart and voice proclaimed our Sovereign Leige Lord George the 2nd King etc. Which ceromony was performed under the discharge of all the artillery of Fort Fredric the same day. After which I dispers'd your Lordships commands to the principle parts of this Island etc. Signed, S. Gledhill. Endorsed, Recd. 16th, Read 17th Oct., 1727. Addressed. 1 p. [C.O. 194, 8. ff. 114, 115v.]
Sept. 13.
Whitehall.
696. Thomas Smith to the [? Duke of Newcastle]. As I am credibly informed that Coll. Hope is upon his return to England, I beg your Grace's favour and that you'll use your interest for me with the King that I may succeede him in the Government of Bermudas. Signed, Thomas Smith. 1 p. [C.O. 37, 28. No. 38.]
Sept. 14.
Whitehall.
697. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 2 Acts of St. Kitts, 1727, (i) to subject all produce of the late French part of the Island, which shall be shipped off, to the payment of the 4½ p.c. duty, and to ascertain at what places all the duties of 4½ p.c. shall be received etc. (ii) against covenous and fraudulent conveyances, and for a publick registry, and an Act of Antegoa, 1727, for laying an additional duty upon all Madera wines imported, etc. [C.O. 153, 14. pp. 270, 271.]
Sept. 14.
Charles
Town,
South
Carolina.
698. President Midleton to Governor Nicholson. I'll do my utmost to send Journals by the next ship etc. The affair of the petitioners is at present somewhat more easy they having other subjects to divert them. I called the Assembly the 1st of Aug. to proceed on proper methods to appease the multitude. Augt. 2nd recd, advice of Smallwood the Indian trader and two others being killed and robbed by the Indians in our frontiers. Augt. the 3rd the Commons took upon them to make extraordinary resolves arraigning the proceeding of the Governmt. and to enquire into the committment of Landgrave Smith in custody of the Provost Marshall for high treason in levying warr against H.M. etc. which is only cognizable in H.M. Courts of Justice. Augt. 4th the house was sent for and forbid the same and they returning and persisting it was unanimously agreed in the Upper House to prorogue them till the 2nd Tuesday in September by Proclamacon. Aug. 14th reed, advice of some more of our peoples being killed and the rest terrifyed ordered a meeting the Council on the 17th when resolved to call the Assembly the 23rd of the same month they meet and was layed before them the several accots. from the frontiers and from the traders relating to the insolent behaviour of the Indians. Since which has been resolved to send two Expeditions one of 50 men and proper officers agt. the Yamasees and another of 300 with proper officers agt. the Lower Creeks. We are endeavouring to gett a good number of our Friend Indians to join them. Landgrave Smith at an adjourned sessions on his petition for the benefit of the Habeas Corpus Act was admitted to bail and gave securities 10,000 pounds. The Spanish privateers has been very troublesome have taken several vessels coming hither so that we have not been able to receive any accots. from any place so that we may fear they have taken our ships from Great Britain. But what accots. we have is by several of the masters of the vessells taken and put on shoar as follows, a schooner from hence taken and sent to the Havannah, Capt. Austin in the Lydia was chased and is since come on shoar his ship lost and sold, Capt. Kerstead from New York in the sloop Two Brothers laden with flower taken and sent to the Havanna, Capt. Middleton in the sloop Betty belonging to Mr. Andrew Allen and laden with bread and flower taken and carried to the Havannah, John Hall of the snow Begining of Bristol from the Bay with loggwood taken and plundered, his snow given to him again and several of the prisoners put on board him and sent in hither. The privateers on this coast in number four a snow two sloops and a schooner the famous Commander Bloss was he that took these vessells. On the foregoing accot. the man of war immediately sett out and Capt. Mountjoy in the sloop Palmer fitted out with proper armes ammunition and stores of warr manned with 100 men sent out the 12th instant to scour the coasts and protect the trade his time limitted to about six weeks cruize. We have a bill now before the Assembly to defray the charge what may be the proviso, therein I can't at present tell but heartily wish it may be agreeable to H.M. Royal Instructions and do further hope they will go through this bill before any other thing be promoted by the Commons to the interruption thereof which done I think the seasons of the year the harvest and the fitting out ye said Expeditions will be sufficient reasons for further proroguing the Assembly till a more proper time before which I hope here to kiss your hand. P.S. Capt. Massey hath prevailed upon both Houses to vote in favour of removing the Garrison of Fort King George with the cannon ammunition and stores to Port Royal for the defence of that place, but I could not join with them in requesting him so to do without this caution in my first letter to him [if you have power so to do] to which he objected, on which I amended it with the following words instead thereof vizt. [If you beleive it will not be of any injury to H.M. claim to the River Alatamaha]. Signed, Ar. Middleton. Endorsed, Recd, (from Genl. Nicholson), Read 28th Nov., 1727. Addressed. 2¼ pp. Enclosed,
698. i. Deposition of Joseph Jones of S. Carolina, mariner. 2nd Sept., 1727. Describes capture of the Two Brothers and the Betty (v. preceding) by the Spanish privateer, Capt. Bloss. When deponent said he did not understand that there was war, Bloss replied that he had a Commission from the King of Spain, and would make war on the English etc. Signed, Jos. Jones. 2 pp.
698. ii. Deposition of John Hall, late master of the snow Begining, of Bristol etc. 8th Sept., 1727. Describes capture by a Spanish privateer, flying the English Jack at first, off the bar of Ashley River, commanded by Bloss Roderego, who said he had a commission from the King of Spain to take all English subjects etc. v. covering letter. Signed, Jno. Hall. 2 pp.
698. iii. Deposition of Solomon Middleton, master of the sloop Betty. 5th Sept., 1727. Describes capture as preceding by Bloss Roderigo who said the King of Spain had proclaimed war against the King of England etc. He told deponent that he had come with four privateers belonging to the Havannah to convoy the Flota Armado through the Gulf consisting of 10 sail freighted with silver and gold etc. Signed, Solomon Middleton. 1 p.
698. iv. Deposition of Jacobus Kiersted, master of the Two Brothers. Sept. 8th, 1727. (v. preceding.) Confirms No. 1. Adds:—Bloss told deponent that there was war and that 10 or 12 pettiaugers were fitting out of St. Augustine to come along the coast. He shewed him his Commission, 10 or 12 of which, he said, were sent from the King of Spain to the Governor of the Havannah. Signed, Jacobus Kiersted. 2 pp. Nos. i–iv endorsed as covering letter. [C.O. 5, 360. ff. 24–29v.]
Sept. 15.
Chas. Town.
699. Mr. Hammerton to Governor Nicholson. The enclosed packet with a duplicate of accounts (v. 24th July) was sent some time since pr. Capt. Austin, but soon after his departure was unfortunately chased and lost his ship near Port Royal his letters being sav'd etc. Continues:—Our coast has been much infested with privateers who have taken four sails bound in here with provisions etc., but at present I hope we are clear, the man of war having crused this ten dayes and now waits at the bar to convoy this ship out of danger, the countrey has likewise fitted out a sloop of 14 guns and 80 men etc. Last week arriv'd a vessel from Barbado's which brought us the melancholly news of the death of his sacred Majty. etc. but as this is only report etc., no publick notice is taken thereof. Repeats part of July 24 etc. Continues:—Capt. Massey is gone to remove the Fort from Allattamahah to Port Royal which must much encrease that place. As to the northwards, Mr. More and some others of this Province joyn with the No. Carolina people in sollicitting for officers at Cape Feare, and give it out they daily expect that place to be open'd a port. etc. Signed, Wm. Hammerton. Endorsed, Recd. 2nd Jan. 1727/8, Read 16th July, 1729. Addressed. Seal. 2 pp. [C.O. 5, 360. ff. 153, 153v., 154v.]
Sept. 18.
Hartford in
N. England.
700. Governor Talcott to the Council of Trade and Plantations. Pursuant to H.M. Orders (26th June) which came to our hands last week, we have this day in this place proclaimed King George in the most solemn manner, and given order that he be in like manner proclaimed in other propper parts of this Governmt. We have also published H.M. proclamation for the continuing all officers etc. Signed, J. Talcott. Endorsed, Recd. 5th Jan., Read 8th May, 1728. 1 p. [C.O. 5, 1267. ff. 19, 20v]
Sept. 20.
Kensington.
701. Two Orders of King in Council. Approving Representation No. 681, and ordering new seals for the Plantations etc. v. A. P. C. III, No. 123. Signed, Robert Hales. Endorsed, Recd., Read 27th Sept., 1727. 2¼ pp. [C.O. 323, 8. Nos. 74, 75.]
Sept. 20.
Kensington.
702. Order of King in Council. Confirming Act of Jamaica, for encouraging white people to come over and settle etc. Signed, Robert Hales. Endorsed, Recd. 29th, Read 30th April, 1728. 1½ pp. [C.O. 137, 17. ff. 34, 34v., 35v.]
Sept. 20.
Kensington.
703. Order of King in Council. Approving draughts of Commissions for Governor Montgomery. Signed, Robert Hales. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C.O. 5, 1054. ff. 236, 237v.]
Sept. 20.
Boston,
New
England.
704. Mr. Lechmere to the Council of Trade and Plantations. Many complaints having been exhibited to me (as Surveyor General of the Northern Continent of America) in relation to some transactions in Nova Scotia, I have laid all the papers etc. before the Board of Customs etc. humbly requesting their immediate interposition, and that they would lay the same before your Lordships, hopeing thereby that the traders thither and the poor inhabitants there may be allowed to transact their affairs as formerly without any further molestation etc. Signed, Thomas Lechmere. Endorsed, Recd. 9th Nov., 1727, Read 31st May, 1728. 1 p. [C.O. 217, 5. ff. 74, 75v.]
Sept. 20.
Ludlow
Castle,
in Placentia
Bay.
705. Commodore St. Lo to the Council of Trade and Plantations. Encloses following. Signed, Jon. St. Lo. Endorsed, Recd. 25th Decr., 1727, Read 2nd April, 1728. 1 p. Enclosed,
705. i–iv. Schemes (returns) of the Newfoundland Fishery, for 1727, in four sections, Placentia, the West, Trepassy and St. Peter's. Endorsed, Recd. 25th Dec, 1727. 4 pp. [C.O. 194, 8. ff. 124, 125v., 126v., 127v., 128v., 129v.]
Sept, 20.
Kensington.
706. Order of King in Council. Approving draught of Commission for Governor the Earl of Orkney. Signed, Robert Hales. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C.O. 5, 1321. ff. 14, 15v.]
Sept. 21.
Virginia,
Williams-
burgh.
707. Lt. Governor Gooch to the Duke of Newcastle. Upon my arrival at Williamsburgh, which was on the 8th Septr., I proceeded without loss of time in the execution of those orders I had the honour to receive, for on 11th Sept. the earliest meeting I could possibly have with the Council, my several Commissions were read, etc. I proceeded without delay, and with the assistance of the Council, other Gentlemen and principal Planters and inhabitants and forthwith proclaimed his most sacred Majesty etc., with the solemnities and ceremonies requisite on the like occasions. Encloses address to H.M. "signed by myself and the Council, which will be followed with one from the Clergy and another from the House of Burgesses: the convention of the former is appointed the 6th of the next moneth, but that of ye latter is deferr'd, in hopes, before we come togither, I shal receive some Instructions from your Grace. I have appointed two of the Council William Byrd and Nathaniel Harrison Esqrs. Commissioners with John Allen and — Mayo gentlemen, Surveyors, their assistants; and shall enclose in a letter I shal write to the Governor of North Carolina, a copy of H.M. Order in Council, and request it of him, to appoint the like number, desiring they may meet sometime in March next, and then joyntly to proceed in running the dividing line between the two Governments," etc. Of the three pirates lately condemned, two have been executed, and the third, John Vidal (v. No. 690) an Irishman and a Protestant, he has reprieved, with the advice of the Council, and hopes for H.M. approval, etc. P.S. As I am sealing my letters, I have received an express that within these ten days past, ships and sloops to the number of seven have been taken by two privateers from the Havana, within 40 leagues of land. I have ordered a particular enquiry to be made of every circumstance relating to them which your Grace shall be sure to receive the next ship etc. Signed, William Gooch. Endorsed, R. Nov. 15th. Holograph. 2 pp. [C.O. 5, 1337. No. 37.]
Sept. 21.
Williams-
burgh.
708. Same to the Council of Trade and Plantations. Repeats preceding, adding: "Your Lordships have likewise enclosed the march made by Col. Nath. Harrison after some Indians, who had committed some disorder upon our tributary Indians; by which I presume it will appear to your Lordships, that this Government will not be any more disturb'd by that Nation; if their word may be depended upon, which I'l not undertake to answer for" etc. Signed, William Gooch. Endorsed, Recd. 16th Nov., Read 6th Dec, 1727. Holograph. 2 pp. Enclosed,
708. i. Address of the Lieutenant Governor and Council of Virginia to the King. Nothing could comfort us (for the loss of your Royal father), but that your Majesty succeeds him etc. We promise ourselves the same protection both of our country and trade, wch. we were so happy as to enjoy during the late auspicious reign etc. None of your subjects will more distinguish themselves by their duty and allegiance to your Majesty and their zeal for your illustrious House, than the inhabitants of this ancient and loial Colony. Signed by, William Gooch and eleven members of the Council. Endorsed, Recd. 16th Nov., 1727. 1 2/3 pp.
708. ii. An account of Nathaniel Harrison's proceedings when he went to meet the Cataubau Indians etc. The Government having been informed, that a great body of Catauba Indians had been on the Southern frontiers and committed several murthers on the Maherin Indians, and robberies on the English, that lived remote; and were many of them gone home with their booty; but that there remained at Christiana four or five of their Chief men, expecting a much greater number than they at first brought with them, directed me to take such force and measures as I thought most proper, to know their intentions and prevent any mischief they might design against the frontier inhabitants etc. I immediately ordered some of the most convenient troops to rendivouz at particular places, and myself proceeded on 30th Aug. to the three Creeks near Maherin River. Journal follows: Abstract:—The Sapponie Indians that live at Christiana, came to me, as I had ordered, and told me that the chief men of the Cataubaus, that stayed some time at their town (after they had sent home their first party of men) had been gone from thence, thirteen days, to Ronoak river, and that they had taken up their quarters in an island in that river near the ford, so that when their people came in, they might see and joyn them. In reply to questions, the Sapponies said that they did not know the design of these Western Indians coming in such great bodies into this country; they did not desire their company but were afraid to tell them so. As I desired to talk with the chief men of the Cataubaus, I sent two of the Saponies to warn them, from me as a friend, that a great body of Sinnica Indians were daily expected down Ronoak River to the Tuskaroroes, and might kill them in their way, and therefore my advice was that they should return to the fort at Christiana and wait there till the coming of the men they expected. This message occasioned their immediate return to the fort, where, the Tuesday following (which was the day I had ordered the forces that were to attend me to be ready at certain places in that neighbourhood) I went; and because I would not frighten these people with the appearance of too many men at once, I took only five men with me, and fortunately met with those people I wanted to see, etc. In a dialogue with the chief man of the Cataubaus, whom they called King of the Sugers, he stated that he had not come to do any harm to the English, but to assist the Sapponies to take revenge on the Tuskaroroes, who had killed many of them last winter. He explained that they had killed the Maherin Indians because two white men had informed him that they and the Tuscaroroes were all one. They would not have done it, if they had known that the English would be angry. I reminded him that he must have known, because when his men were sent to my house to notify his coming to this place, I forbade them meddling with any tributary Indians, or disturbing any white people of this or Carolina Government, and bid them tell him that they were all the subjects of one great King etc. He offered to pay for the damage done by some of his unruly young men in robbing our people. I said that as they had been very rude in threatening some of our white men, presenting their guns to their breasts etc., they must give up to us a number of their men equal to that of the Maherins they had murdered, and that I had almost a mind to seize them all etc. To prove his friendship, he offered me a present of 200 buck-skins, which I refused, saying that all we demanded was that everybody may go about his business without disturbance, and live at peace and quiet. I demanded the return of a Maherin boy they had taken prisoner and that one of their men should be given a severe whipping for his saucy behaviour there. He agreed to this, and promised to do nothing to annoy us hereafter. I told him I should have more to say to him anon, but would discharge him for the present after he had seen the troops I had with me. "He agreed to renew our conference in the morning, but I believe he was so overcome with fear at the sight of their great number that he and his retinue went all away in the night" etc. Signed, Nath. Harrison. Endorsed as preceding. 7 pp. [C.O. 5, 1321. ff. 1, 2, 2v., 4v.–9v.]
Sept. 22.709. Mr. Fane to the Council of Trade and Plantations. Reports, upon Act of New York for the easier partition of lands etc., that the Surveyor's reasons against it (v. 4th Dec, 1726), are so strong that it is not fit to be confirmed. Continues:— What reason there was for constituting such an extraordinary method of proceeding in this case I can't imagin, when by writ of partition or by a private Act the same thing might be effected, and not lyable to the least objection; But I apprehend it is very plain some private views are to be gratified, and this expedient was thought the most likely to pass unobserved etc. Signed, Fran. Fane. Endorsed, Recd. 28th Sept., Read 5th Oct., 1727. 1½ pp. [C.O. 5, 1054. ff. 179, 179v., 180v.]
Sept. 22.710. Mr. Fane to the Council of Trade and Plantations. Has no objection to eight acts of the Massachusetts Bay, 1726, referred 30th June. Signed, Fran. Fane. Endorsed, Recd. 28th Sept., 1727, Read 28th Nov., 1735. l½ pp. [C.O. 5, 878. ff. 83, 83v., 840.]
Sept. 22.711. Same to Same. Has no objection to 14 Acts of S. Carolina, 1726, submitted to him 5th July. Signed, Fran. Fane. Endorsed, Recd. 28th Sept., 1727, Read 24th April, 1730. 2 pp. [C.O. 5, 361. ff. 93, 93v., 94v.]
Sept. 23.
Fort
Frederick,
in Placentia.
712. Lt. Govr. Gledhill to the Duke of Newcastle. Encloses "an Address of this Colony, condoling the death of our late most Gracious Sovereign etc. and congratulating his present Majesty on his accession" etc. Signed, S. Gledhill. Addressed. 1 p. [C.O. 194, 24. No. 14.]
Sept. 23.
Whitehall.
713. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report. Signed, Holies Newcastle. Endorsed, Recd. 23rd, Read 26th Sept., 1727. 1 p. Enclosed,
713. i. Capt. Massey to Mr. Pelham. Copy of 26th April q.v. [C.O. 5, 360. ff. 5, 6–8, 10v.]
Sept. 25.
Portsmo.,
New Hamps.
714. Lt. Governor Wentworth to the Council of Trade and Plantations. Repeats gist of postscript to Aug. 7th. Continues:— At night the whole town of Portsmouth was illuminated, such as never was before in this Province rich and poor, shew'd a dutifull respects to H.M. my Lords. For my better information shall observe in the Proclamation receiv'd that all affairs shall stand, both civill and millitary, also that relating to the Seals of Great Brittain shall be made use off as the respective Seals of the Successor: till the Successor shall issue out orders to the contrary. The Monday following all officers civill and millitary throughout this Province; took the oath appointed by Act of Parliament to our Sovereign Lord King George the Second our rightfull King and supream Lord of the Plantations to whom we will pay due obedience. I gave a Dedimus potestatum to the High Sherriff of our Province to pass through the respective towns to administer the oaths appointed by sd. Act to young or old from the age of sixteen, upwards: (vizt.) The oath of allegiance, supreamacy and abjuration my Lords. Our people in this H.M. Province of New Hampshire are a loyal pople and intirely for the Hannover succession; I have in everything endeavour'd strictly to comply with your Lordships commands, and always shall, so long as I have the honour to receive your commands as (Lieutenant Governour) etc. Signed, Jno. Wentworth. Endorsed, Recd. 13th Nov., 1727, Read 16th Feb. 1727/8. Holograph. 2 pp. [C.O. 5, 870. ff. 47–48v.]
Sept. 28.
Whitehall.
715. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
715. i. Same to the King. Enclose draft of Instructions for Col. Montgomery Governor of New York etc. Explain some alterations from those of Governor Burnet. Set out, N.Y. Col. Docs. V. pp. 833, 834.
715. ii. Draft of Instructions for Governor Montgomerie.
715. iii. Draught of Instructions for same relating to Acts of Trade and Navigation. [C.O. 5, 1125. pp. 1–107; and (rough draft of covering letter and enclosure i) 5, 1079. Nos. 147, 147 i; and (covering letter only) 5, 1085. No. 63.]
Sept. 28.
Whitehall.
716. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law 8 Acts of S. Carolina passed 1724–1725. List annexed. [C.O. 5, 400. pp. 228–230.]
Sept. 28.
Whitehall.
717. Mr. Fane to the Council of Trade and Plantations. Has no objection to the Act of New York for amending the practice of the law etc. v. 4th and 10th March. Signed, Fran. Fane. Endorsed, Recd. 28th Sept., Read 4th Oct., 1727. 1 p. [C.O. 5, 1054. ff. 177, 178v.]
Sept. 28.
Whitehall.
718. Council of Trade and Plantations to the King. Enclose following. Continue:—We have added the preamble to the 7th Instruction it having already been approved of by your Majesty for the Governor of Jamaica. We have alter'd Mr. Burnet's 13th Instruction in relation to the manner of choosing Assembly men in the Jerseys, and made Col. Montgomery's 13th conformable to the additional Instruction for this purpose approved of 23rd Jan., 1723/4. The. 20th Instruction is a copy of the Govr. of Jamaica's 20 which we thought necessary to insert here because Acts for creating a paper currency have been pass'd in this Province, that have taken effect before your Majesty's pleasure could be declared thereupon. We have inserted some words in Col. Montgomery's 24th Instruction whereby he is directed not to give his assent to any law for repealing any other Act pass'd in his Governmt. altho the same has not received your Majesty's Royal approbation, without leave for that purpose: This we think the more necessary because Acts for repealing others have sometimes been pass'd which have had their effect before your Majesty's pleasure could be known thereupon. The 38 and 39 Instructions in relation to the disposal of fines, forfeitures and escheats, we have substituted instead of Mr. Burnet's 39th, and have endeavoured to make them more explicit than the said 39th Instruction. We have added the 45th Instruction for preventing delays and undue proceedings in the Courts of Justice, your Majesty having already approved thereof in your Instruction to the Governor of Jamaica. We have omitted that part of Mr. Burnet's 50 Instruction which related to the tryal of accessaries in cases of piracy committed beyond sea it being now particularly provided for by the Act of Parliament pass'd in the 8th year of his late Majesty's reign. We have added the latter part of the 51 Instruction in relation to the suspending the execution of any sentence upon an appeal to your Majesty, in pursuance of an Order in Council, 5th July, 1726. We have inserted two Articles, Nos. 55 and 56, in relation to the Custom House Officers, already approved in your Majesty's Instruction's to the Governor of Jamaica. We have alter'd the 81 Article of Mr. Burnet's Instructions and made Colo. Montgomery's 68th conformable to an Order in Council, 3rd of May, upon a petition from the Bishop of London for restraining and punishing the several vices therein mentioned. We have added the 79th Instruction relating to the manner of granting Commissions in the Plantations to private ships of war, as also the 80th Instruction whereby Colo. Montgomery is directed not to grant commissions of marque or reprizal against any of your Majesty's allies, without your Majesty's especial command, both these being Instructions to most of your Majesty's Govrs. and in our humble opinion proper and to be given to them all. We have added the Instruction it being already an Instruction 82 to all the other Govts. in America and equally necessary in New Jersey. We have omitted Mr. Burnet's 69th Instruction it being provided for in the Instructions for trade; in which we have made no other alteration than to direct Colo. Montgomery to transmit the scheme therein order'd to be sent to the Commissrs. of your Majesty's Customs to the Lords of the Treasury and to this Board according to the tenour of the aforesaid 69th Instruction. We have made no other alteration except with respect to the ranging the several articles as near as may be in the manner your Majesty has already approved of in the Instructions to Major Genl. Hunter, Govr. of Jamaica. Annexed,
718. i. Draft of H.M. Instructions to John Montgomery, Governor of New Jersey with Memorandum of Instructions relating to Acts of Trade and Navigation. [C.O. 5, 996. pp. 169–249.]
Sept. 29.719. Petty expenses of the Board of Trade from Midsummer to Michaelmas, (v. Journal.) 6 pp. [C.O. 388, 79. Nos. 10–12.]
Sept. 29.
Whitehall.
720. Mr. Popple to Mr. Burchett. My Lords Commissioners having under consideration an Instruction usually given to the Governors of Virginia, in relation to the fees of the condemnation of a prize ship in the Admiralty Court, desire to know whether the Governors of H.M. Plantations in America do receive any Instructions from the Lords of the Admiralty. [C.O. 5, 1365. p. 366.]
Sept. 30.
Ludlow
Castle,
in Placentia
Bay.
721. Commodore St. Lo to the Council of Trade and Plantations. Encloses following. Signed, Jon. St. Lo. Endorsed, Recd. 25th Dec, 1727, Read 2nd April, 1728. 1 p. Enclosed,
721. i. Reply to Heads of Enquiry relating to the Fishery and Trade on the South Coast of Newfoundland, (iii) Care has always been taken of the harbours, except that of Placentia, which by demolishing the old fort, the entrance of the harbour will soon be chokt up etc. (iv) Complaints are always made by the fishing Admirals and commanders of ships against the inhabitants for the waste and damage they generally commit in the winter season. At Trepassey the fishing ships at their arrival last spring found the stages and houses belonging to ships-rooms most of them pulled down and destroyed to their very great detriment etc. I endeavoured to find out the agressors, but as I believe they were all concern'd in this villainy, I order'd the Admirals to levy the full sum for making good in fish out of all the boats kept by the said inhabitants. I also met with the like complaints at Placentia, where there are no inhabitants but what belongs to the Lt. Govr. of that Fort, from whom some encouragement to the Fishery might have been expected, but, on the contrary, no sooner are the shipps sail'd, there is nothing but rapine and plunder committed, and all the houses and stages on the Grand Beach facing the Bay, pull'd down (except what the Lt. Governor makes use of or lets out himself) and is made use of for fewell, and the charge of rebuilding 'em every spring is upwards of £600 sterl. to our merchants at home. And if I may presume to say what service this fort may be to the Fishery, I can honestly assert is £20,000 sterl. loss annually to the publick revenue, besides the maintaining the same, and I can't but remark that at Placentia there is as natural an antipathy between a fisherman and a soldier as there is between a mastiff dogg and a bull, (v) No complaints, (vi) The inhabitants in Newfoundland do generally encroach on the ship-rooms, and have possessed many to the prejudice of the Fishery which I have caused to be restored, (ix, x) Rule observed, (xi) No complaints of defacing or altering the mark of any boat or trainfatts, unless at Placentia, where I observed that Christopher Chappell Commander of the Bidna of Biddeford rented a room of the Lt. Govr. and the Large Beach stones for marking out the boundaries of the same were remov'd by order of the said Lt. Govr., as he informed me. Refers, "in justice to the fatherless and widow" to the case of Thomas Salmon, whom Lt. Governor Gledhill forced to quit the plantation he rented in Placentia, finding that the public house he kept was prejudicial to his own suttling trade and practice etc. Quotes correspondence with Lt. Govr. on that point etc. (xii) Much unnecessary waste is made yearly with woods, which I have endeavoured to prevent as much as possible, and as I presume liberty has never been given for building of ships in Newfoundland, that practice ought to be forbidd and only the repairing of shipps, building of boats, houses and stages etc. should be allowed of, as the Act directs, (xiii) No hindrance has ever been given to the taking of bait, (xiv) The Admirals in the several harbours endeavour as much as possible to preserve peace and good Government among the fishermen, but at Placentia the Lt. Governor of the fort does eclipse and obstruct the power and authority of the Admiralls, and often takes upon him to confine the Commanders and others concern'd in the Fishery in the fort, and inflicts corporal punishment on the fishermen, so that affairs can't run in the proper channel till the arrival of the man of warr. The Admirals do keep accts. of the Fishery, and always transmitts the same to me. (xv) Before the arrival of the man of warr the Admls. sometimes determine differences that may arise but after my arrival I am tormented with complaints of the fishermen and inhabitants. I generally leave the decision to the Admirals. But when I find a person aggrieved, I then interpose, so that by this method all is made easy. In the fall when the fishing season is over, the inhabitants and by-boat keepers are for the most part for defrauding the poor fishermen of their wages, but I always took care to see them paid for their labour and if I had not been in the harbour at the makeing up these accts., many of them would go unpaid, to the great discouragement of the Fishery and the ruine of many poore families at home, (xvi) Every Sunday after my Chaplain has perform'd Divine service aboard in the morning, I sent him ashore in the afternoon to the inhabitants, and if the sutlers did not forbear to sell liquor on the Sabbath day, it was repugnant to my strict orders. But at Placentia the suttlers being the Officers of that fort, they will be under no comptroll, and such restriction would not only turn to their loss, but would be against the discipline constantly practiced there. (xvii) The French do steale over from Cape Britton into the Bay of Fortune to fish, and in the winter do furr there, (xix) The inhabitants employ themselves during the winter season in cutting of boards, makeing of oars repairing and building boats, and repairing houses, stages flakes etc., others hunt and catch seales, and are supplyed by the fishing shipp with bread and salt provisions, by which method they secure the value in fish the ensueing year. The inhabitants for the most part have cows, sheep, and hoggs, but I don't find any of the land improved otherwise than in meadows for the support of their stock. No provissions came this year from America into Trepassey, at Placentia there came in two sloops and two brigantines with provissions etc. (xx) The inhabitants are furnished with all materials for the Fishery and other necessarys from Great Britain, (xxi) The inhabitants gives a boat master £15 sterl., a midshipman £12, to a foreshipman, £10, they are paid in fish at the price struck in most parts of Newfoundland, but at Placentia, too often in rum and cloathes at extravagant rates, (xxii) Charge of fitting out a fishing boat with 3 men is £75 13s. 0d. (xxiii) To each fishing boat 3 men are generally allowed. The difference between the shore and Bank fish is generally 2 rylls. pr. quintall. The shore fish is preferable by reason the Bank fish remains so long in bulk before it can have the advantage of being wash'd out, and is broke and damaged before it comes to be spread, wch. is occasioned by tedious passages from the Banks to the land, (xxv) The French at Cape Britton prevents our having any correspondence with the Indians, and if any should attempt it, they put them to death, (xxvi) The houses, flakes and beach are markt out according to the best disposition for the conveniency of the Fishery, (xxvii) As already said, the inhabitants are very apt to encroach, and this is complained of in a particular manner by the fishing Admiralls at Placentia in their representation to me of 18th Aug., and there it is plainly made appear, that the Lt. Govr. of the fort at Placentia receives annually from the Commanders of the fishing ships £131 sterl. for the use of houses and beach which ought of right to belong to the fishing ships, (xxviii) The flakes always extend from the shore up into the land, and they possess no more front but what is usually allowed to a boat, about 144ft. etc. (xxix.) The ship rooms and those of the planters are generally recorded, so that it is always known when the ships are robb'd of their properties, and that is very commonly done, (xxx) The fishing ships are victualled in full before they proceed on their voyage to Newfoundland, but with fresh stock, rum, molasses and sugar, those that go to Placentia, the Lt. Govr. generally supplys them at an advanc'd price, for there is no other shopp but his to go to, but after my arrival I take care to prevent their being so abus'd and impos'd on, and then every man buys what he wants at the best hand out of the New England vessells at their first arrival, wch. liberty before was denyed them, (xxxi) No ship has ever been suffered by me to be Admiral but such as are clear'd out from Great Britain, (xxxii) No passengers in the fishing ships have ever taken up any rooms but what they have hired of the planters, (xxxiii) The by-boat keepers and others remaining in the countrey dureing the winter season, are never suffered to take up any fishing places, beach or ought else to the prejudice of the fishing shipps, but what has been already complained of at Placentia. (xxxiv)AU the fishing ships belonging to Barnstable and Biddiford allow their men one quarter of the fish they catch wch. is adjusted in shares, for example, a ship that carrys 30 men, there are just so many shares, which are distributed thus, the master has 2 shares the mate 1¼, the boatsmaster 1, the midshipman ¾ and foreshipman ½ and perhaps some few of the seamen may come in for a quarter, and then all the remaining shares comes into the merchant or owners pockett, but it must be observed that those who are allowed shares their standing wages is in proportion. The charge of fitting out a ship of 100 tunns with 10 boats is about £850 sterl. (xxxv) The 19th July at Placentia I seized the Mary brigantine belonging to Waterford, Walter Drohan master, laden with salt, wine and brandy from France, and detected the master and crew of running French brandy into a cellar at Little Placentia, and sent my Lieut, in her to Boston to be condemned, but the Judge of the Admiralty Court acquitted her contrary to the Act of Charles II. At the same time I found the Theneriffe brigantine, William Woodrop master, loaden with 110 pipes of Canary wines consigned and delivered to Lt. Gov. Gledhill etc., and this I presume may be also esteem'd prohibited by the said Act. Notwithstanding Mr. Auchmuty, H.M. Advocate General at Boston, asserts under his hand, that Canary wines are the reputed growth of the Azores, and as such, he says, are yearly imported to Boston without molestation. But as the Canary Islands and the Azores belongs to different Crowns and so farr distant from each other etc., I cant conceive this assertion to be valid. (xxxvi) These wines have beeen paid away in truck (by the Lt. Govr. to the New England vessells) for rum, molasses etc. that came this year into Placentia, and some consum'd among the Fishery, and I now understand that this is not the first year of introducing Canary wines into that harbour, tho' it never before came to my knowledge, they being always landed before my arrival, (xxxvii, xxxviii) As the New England vessells bring rum, sugar, molasses and live stock to Newfoundland, there has this year been brought to the Southern coasts thereof to the value of £1,823 2s. 6d. sterl. besides the 110 pipes above, and all these cargoes the Lt. Govr. generally purchases himself, and then retailes at a considerable advance to the fishing shipps, tho' for ready payment, for these cargoes he gives refuge fish and very often bills of exchange, which have been for the most part protested, as the Masters have yearly made their complaints to me for redress, but as this was their own voluntary act, they had the law open against him. The prices this year were, rum, 2/6d. pr. gall., molasses, 1/6d. per gall., and sugar 35s. pr. cwt. (xxxix, xl) At Trepassey there are 4 public houses kept by the inhabitants. The Admiralls' representation of 18th Aug. takes notice of the number of sutlers that are at Placentia who are all furnished with liquors and provissions by the Lt. Govr. at very extravagant rates, vizt. fresh mutton and beef at 9d sterl. per pound, Vidonia wine at 2/s. per bottle which contains only one pint and half, and rum at 6/s. per gallon, but in the winter 12/s. per gallon. They trust the fishermen and shipps' crews till the fishing season is over and by this means many of the poor fellows soon run out the full of their wages, which the Commanders of the shipps pays out of their own private ventures on which they at least advance 50 p.c, which secures the whole of the seamen's wages into the hands of the masters of the fishing shipps. (xli) Every man's passage out to Newfoundland is £3 sterl. and but 40s. home. The inhabitants discounts the same in fish. I have already said that the inhabitants and by boatkeepers do cheat the fishermen and when they come to make up accts. with 'em they have little to receive, nay, some are brought in debt, and by that means they are secured in the land for another years servitude, (xlii, xliii) This method of trusting the fishermen occasions many disorders and neglects to the great obstruction of the Fishery, (xliv, xlv) The New England vessells do entice men away and carry 'em to New England when they have opportunity. But this I have endeavoured all I could to prevent by obligeing the masters of the fishing shipps to give me an exact list of all their passengers and obligeing 'em to pay for their passages home, and I have seen them put aboard the vessells that carry home the trains, (xlvi) I have always given great caution to the Admiralls, the Commanders, and all others concerned in the Fishery that they should take very particular care in the well ordring and cureing their fish. But such complaints doth not arrise from what has been ship't in Newfoundland. I have made my observation that in New England and at Canseaux (in Nova Scotia) their common practice is to ship off their fish before it is duely cured to hasten to an early market, and as those parts are not included in the act of Parliament, they observe not that good regulation in theire Fishery's, for if the New England men can but get good bills of exchange for their fish they don't regard in what manner they put it off their hands. The fishery of Nova Scotia being under no rule, they have yearly sold to the French great quantities of fish at Cape Britton, and this year but one sack shipp comeing to loade at Canseaux the French (I apprehend) have had the opportunity of running away with most of the fish caught there etc. They are constantly supply'd from Boston with all sorts of commodities, this ought to be inspected into as it is a considerable loss to the publick revenue, and thereupon (two years ago when I was at Boston) I complain'd to Lt. Govr. Dummer of the New England vessells tradeing to Cape Britton, and I was answer'd that they always made use of such liberty, and were never debarr'd from it, however, I did my utmost endeavours to detect them, (xlvii) The chief of the French Fishery is by their Bankers in wett or mudd fish haveing every year at least 250 saile fishing on the Banks. At Cape Britton there is a boat fishery, but I know they never made any hand of it, their chief dependance being on their neighbours, from whom they compleat the trading of their sack shipps, generally about 20 saile, and but 5 or 6 shipps comes out on the fishing accot. The New England schooners that fish on the Banks when they have made a tare of fish, often dispose of it at Cape Britton, for which they are paid in ready money or wines, brandy, silks etc., and to prevent this growing evil nothing but makeing it felony, will be effectual, (xlviii) At Placentia there is no French but such as are servants to the Lt. Govr. for his use in the Fishery. (1) Refers to the Admirals' representation as to the disposal of fishrooms, and encloses copy of Lt. Governor Gledhill's conveyance of a plantation with stage, lately belonging to Monsr. Pierre Bortro to Capt. William Le Mesurier for £40. (li) The salmonry of George Skeffington will be taken notice of by Mr. Bouler as it lyes on the N. coast, etc. Lt. Governor Gledhill claims a salmonry at Placentia wch. he calls his royalty, and setts the same out at £20 pr. annum, besides another which he reserves to himself. (lii) It being highly necessary that some upright and carefull person should have authority and command over the inhabitants in the several harbours dureing the winter season, in order to keep up good order and to prevent unnecessary waste or damages etc., I have therefore appointed the person so to preside and govern, who in the summer season had distinguisht himself most dilligent in the Fishery. I have never found that any person assumed such a power of himself, but Lt. Governor Gledhill has taken upon him to depute persons to act as Justices of the Peace, who have often exercised uncommon practices among the inhabitants of which I have received many complaints. Signed, John St. Lo. Endorsed, Recd. 25th Dec, 1727. 19 pp. [CO. 194, 8. ff. 130, 131v.–141v.]