America and West Indies
September 1725, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) and Arthur Percival Newton (introduction)

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1936

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413-425

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'America and West Indies: September 1725, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 413-425. URL: http://www.british-history.ac.uk/report.aspx?compid=72414 Date accessed: 02 September 2014.


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September 1725, 1-15

Sept. 1.
Whitehall.
715. Council of Trade and Plantations to the Duke of Newcastle. Refer to letter of 19th Aug. and add Lt. Governor Drysdale's account of seizure of British ships by Spaniards, "that your Grace may be pleas'd to obtain H.M. Orders for the necessary application to the Court of Madrid for redress of these repeated grievances upon the British trade." Autograph signatures. 2 pp. Enclosed,
715. i. Extract from Lt. Governor Drysdale's letter referred to in preceding.
715. ii-iv . Copies of affidavits of Thomas Mousell, Theodore Bere, and John Jones, enclosed with preceding. [C.O. 5, 1343. Nos. 3, 3. i–iv; and (without enclosures) 5, 1365. pp. 281, 282.]
Sept. 2.
Whitehall.
716. Order of Lords Justices in Council. Approving report, of Aug. 5th, and ordering that copies of the petitions of complaint etc. against Governor Hart be transmitted to him for his answer in writing with all convenient speed etc. Set out, A. P. C. III. No. 86. Signed, Robert Hales. Endorsed, Reed. 10th Nov., 1725, Read 28th Jan., 1725/6. 2 pp. [C.O. 152, 15. ff. 228, 228?., 229?.]
Sept. 4.717. John Hammerton to Charles Delafaye. Enquires whether the Duke of Newcastle has given any orders about his affair, upon which he came on purpose from Jamaica etc. (?. Oct. 27th). Signed, John Hammerton. Addressed. 1 p. [C.O. 5, 383. No. 12.]
Sept. 5.
Canso.
718. Lt. Governor Armstrong to [? the Duke of Newcastle]. Transmits his transactions, which he hopes will meet with his approbation and incline H.M. "to take some notice of this allmost forgotten Province" etc. Continues: Through pure zeal for my King and Country's services, I heartily recommend to you, in behalf of H.M. subjects here, not only the whole province, but this part of it in particular, which through H.M. countenance and your patronage, will soon be equall to (if not excell) any of the Colonys in North America, and bring in as great, if not a much greater revenue; not only by the fishery and its own inland produces, but foreign trade, from the commodiousness of its scituation: which I hope you will take into your consideration, and so lay the same before H.M., as may forward the security of its settlement by a royall fortification, for the subjects are as yet discouraged, having no shelter from the daily insults and cruel massacrys of the Indians, who are supported and clandestinly encouraged by the french; who enveying our growth and encress, supply them with powder and ball etc., in order to disturb our settlements: And last winter they were even piloted to this place, by one William Godct and one Petitpas (throng no doubt the instigation and contrivances of most on the island of Cape Breton). Being informed of these and a great many more of their underhand deallings, I judged it my duty to write to Govr. St. Ovid for redress. Refers to enclosures. Continues: You will see that all the satisfaction I could get, is only pretended ignorance, of notorious matters of fact, and ambiguous fair promisses of friendship without any punctuall performances. And for his excuse in supplying of about 200 of them this year, says that it is His Most Christian Majesty's orders to him to distribute to the Indians their annual presents, which chiefly consists of arms, powder and ball etc., by which we British subjects do greatly suffer, the warr being thereby fomented and prolonged; which I doubt not you will lay before H.M. in order to be represented to the Court of France. I have also sent you my letter to the Lt. Govr. of New England upon his information that the Indians towards the Easterd of that Province were sueing for peace, with my instructions to Major Paul Mascarene and Hibbert Newton Esq., Members of this H.M. Council, to act as Commissioners, on behalf of this Province, with some articles to be demanded of the Indians; that by a separate peace, we may not be left alone to the fury of their insults. By reading of all which and the Minutes of Council, which I likewise (in my time) now send you, you will I hope find that I have to the utmost of my power acted for the intrest of H.M. as well as for the subjects' benefit who in this place (through my instigation) have built at allmost their own expence sevl. blockhouses for their present security, being in hopes that H.M. will graciously take them into his Royall protection: and the list of ships etc., with the quantity of fish taken and sent abroad from this port (which I now send you) will I hope forward the same. I arrived here the 29th of May last and have not been able to proceed to Annapolis Royall, but do intend it, if possible, early in the spring, having been obliged to remain here to consult and contrive matters for the security of this place, and in order to that, I was obliged for the protection of the fishery to man two vessells to cruize upon the coast and up the Bay of Vert, to prevent the Indian piracys etc., which also gained us some reputation amongst the French; which with the building of blockhouses etc. I have done with very little expence to the Government, which might have been abriged had the schooner the Willm. Augustus been in any manner of repair. And as she hath neither cables or anchors, or any manner of sails or rigging, that are worth anything, I beg your directions what must be done with her, and whether I may cause her to be refitted for the service of the Province. It being very demonstrable from the great concurse of English subjects here, that this is the principal seat of Government, I intend to bring Major Paul Mascarene, Hibbert Newton, William Skeen and William Shirreff, Esqs., Gentlemen of the Council at Annapolis Royall, down to this place, in order to have a quorum; and whereas there are several vacancys, I have herewith sent you the names of the present members, of those who are absent, and the names of others whom I think the most proper to supply their places, which I hope will be filled up for H.M. service. And whereas in all the other parts of this Government, the inhabitants are all French (except one or two familys at Annapolis, Indept. of the troops, that are English) who have never taken the oaths of allegiance to H.M., I shall be glad of your directions in relation to them, and for constituting of an Assembly and other Courts of Judicature here, the people so much desiring it, which will not only add to the authority of the Government but in a little time very much lessen the publick charge etc. Signed, L. Armstrong. Endorsed, Rd. Nov. 15, 1725. 6 pp. Enclosed,
718. i. List of Councillors of Nova Scotia: Present, Major Paul Mascarene, John Adams Esq., Hibbert Newton Esq., William Skeen Esq., Willm. Shirref; Absent, Cyprian Southack, Gillam Phillips, Arthur Savage, Esqrs., of New England, absent for about these four years; Rev. John Harrison, now in England and absent about the same time. Peter Boudre, deed. Proposed to supply their places: John Calley, Edward How; Capt. Thomas Wroe; Hunck Winckworth; Jos. Peirce. Being all inhabitants of the best estates and the most capable etc. Signed, L. Armstrong. 1 p.
718. ii. An account of those (49) who had fishing rooms (with their situation) laid out for them by order of the Government in Canso. Signed, L. Armstrong. 9 pp.
718. iii. Minutes of Council of Nova Scotia, Canso, 11th, 12th and 31st Aug., 1725. 6 pp.
718. iv. Lt. Governor Armstrong to Governor St. Ovide de Brouillan. Canso, 12th Aug., 1725. Complains of "many irregularitys clandestinely transacted by some of the people in your Government in order to disturb and annoy H.M. subjects, by entertaining, prompting and encouraging the Indians to committ their barbarous and cowardly hostilitys, in supporting them with presents and continual supplys of ammunition, not only given them at Cape Breton, but conveyed to them by the illegal French traders, both in this and your Government; which I would willingly have depressed for the benefit of both: and in order thereunto I must acquaint you; that I am resolved to make prizes of all that falls into my hands, except such as I have permitted to supply yourself and the rest of the Gentlemen with such necessary refreshments as this Government can afford" etc. Asks for his concurrence in strictly prohibiting the exportation of such warlike stores, and for the apprehension and return of deserters. Sends Hibbert Newton and Capt. Bradstreet with this letter. Signed, L. Armstrong. Copy. 2 pp.
718. v. Instructions of Mr. Newton and Capt. Bradstreet, on above mission. Adds:—If through Governor St. Ovide's influence, the Indians can be brought to a safe peace, we are ready to receive their proposals. This is to be suggested with care, so that it may not appear that we are suing for peace etc. "You are to acquaint him of the irregular proceedings of the priests and Romish clergy in presuming to come into this province by any other authority than that of H.M. As they have always been the chief incendiaries and disturbers of our peace; I am resolved there shall be none permitted to remain, but such as shall be authorized by this Government; and therefore I expect, that all who are not, will be immediately recalled." Whereas one Peter Allan of Minis in this province lately sold at Lewisburg a vessell piratically taken from subjects of Gt. Britain by the Indians, you are to demand the arrest and surrender of him and the vessel etc. 12th Aug., 1725. Signed, L. Armstrong. Copy. 2 1/2 pp.
718. vi. Instructions of Major Paul Mascarene, 31st Aug., 1725, to go to Boston and act as Commissioner on behalf of Nova Scotia in the negotiation of the peace with the Indians now on foot. He is to be guided by the articles agreed upon by the Governor and Council at Annapolis Royal, 3rd Nov., 1724, to be demanded of the Indians at the negotiation of a peace with the Indians. He is also to have inserted in the Articles of Peace, that none of their people shall assist to conduct off any of H.M. soldiers from any of the garrisons of this Province, but bring them back when they shall meet with any such, etc. Any injuries committed on either side are to be referred to the Government, etc. "You may also signifie to them the great concerne and regard that H.M. hath for them, that for the encouragement of intermariages with them and his own natural born subjects, he hath promissed a reward of £10 sterling" etc. Signed, L. Armstrong. Copy. 4 1/2 pp.
718. vii. Articles (7) to be demanded of the Indians agreed upon by the Governor and Council of Nova Scotia, 3rd Nov., 1724 (?. preceding) (iii) Satisfaction to be made for the plundering of traders which caused thewar, and for depredations since, (iv) As they are all of the Romish persuasion, they shall enjoy the exercise of their religion, but only have such missionaries amongst them as H.M. Government shall approve of etc. (vi) As they have hitherto behaved with so much treachery, hostages must be given for the observance of these articles etc. Copy. 2 pp.
718. viii. Proceedings of Hibbert Newton and Capt. Brad-street with the Governor of Cape Breton, on Aug. 19th, 1725. (i) M. St. Ovide said that he would come into any measures with Governor Armstrong to put a stop to the supplying of our Indian enemies with warlike stores by French subjects contrary to the treaties of peace. But as to the French Government supplying them with arms and ammunition, of which we complained, he said that it was the King of France's orders to give the Indians their usual presents every year. The only way to redress it, was for the English Government at home to represent the matter to that of France. He said he had several times proposed to Major Cosby a method of making peace with the Indians. We replied that we could not trust them unless assured by hostages of their good behaviour, and that then Govr. Armstrong and the Council were ready to listen to their offers. Otherwise, it was much safer to be at war and on our guard, than to make a truce with such villains, who take all opportunities to break out. He assured us that the Indians who reed, their presents the day before we arrived, should in no wise trouble the English. Those who committed the hostilities at Canso did not yet appear in his sight, for they knew how he resented their action, and they should not receive their presents so soon as they imagined. He had spoke and sent to most of the chiefs of the Indians, vizt., those of Menis, Cobegit, Pipigit, Shigcabnacady, Miramissy etc., who seem very much to desire a peace, but he is apprehensive that the Indians of St. Johns River and Ponobscutt would not so readily come into it, as being a people inured to war. We answered, that he need not give himself any further trouble, if they all did not come in, and that we have not lived so long in this country to be ignorant of the Indian ways, and what force the St. John's Indians were off etc., nor would be imposed upon so easily as he imagined. He said nevertheless he'd endeavour in July next, wch. was the proper time to assemble the chiefs of the Indians at the Gut of Canso, at St. Peters or somewhere elsein his Government, in order to continue for the best. Because he had recd. orders lately from the Court of France to aid the English Government to make a peace with the Indians, etc. He thought it a hardship that small vessells were refused to go into the Bay of Verte to bring some refreshment for the garrison and that we may some time or other be in need of each other's assistance. We answered that Governor Armstrong had too great a value for his Christian Majesty's officers to refuse them any refreshment provided they made proper application. He answered it was reasonable and wished Governor Armstrong would confiscate all vessells from Lewisbourg or elsewhere in his Government that presumed to trade or pass into the English Government without the Government's leave. We informed him that the prisoner Gilliam Godet, who piloted the Indians to Can so, as also severall others whom he little suspects, are ready to make oath, that the Indians were ordered by Mr. La Valliere to take the said Godet and Paul Petitpas to Canso and sent the Indians 100 lb. of powder and 1 cwt. of ball with 8 or 9 of the King's arms for the expedition against Canso, wch. gives us a great deal of room to believe, that they are underhand with us. He said he could never believe that. We assured him that the New England Indians who came yearly to Canso and have lost friends and relatives being possessed with the same notion, that the French act underhand with the Indians, are resolved to fall on the French plantations in his Government. He seemed to make very slight on it, and said if they did, he'd never complain to Govr. Armstrong; they might come whenever they pleased, but the settlements in his Governmt. were but poor objects. We answered, just such as Canso, that one good turn required another, and we were assured our Indians were as capable and much more resolute than theirs. Mr. St. Ovide said he would observe the Treaty in relation to deserters, etc. and send them back by all opportunities. We told him none were ever yet returned till claimed by us and that we always sent theirs back before they were demanded, for we had no need of them. As to the Romish Clergy, he agreed that Govr. Armstrong was intirely in the right, but it was the Bishop of Canada and the Superior here, not he, who had the management of them. As to Governor Armstrong's resolve that none of those belonging to the Parizian order enter or remain in his Government, he said so much thebetter, for they are all sowers of discord. He said that Peter Allaine (?. encl. v.) was gone to Menis: if we could inform him of the vessel being in his Government, he would seize her. List of (14) English vessels (mostly from Massachusetts and New York) that have been at Lewisburg to trade. Signed, Hibbert Newton, John Bradstreet. Copy. 6 1/3 pp. to illegal trade with Cape Breton and his mission on that point, supra. Signed, L. Armstrong. Copy. 2 pp.
718. ix. Governor St. Ovide de Brouillan to Lt. Governor Armstrong. Louisbourg, Isle Royalle, 3rd Sept. (n.s.) 1725. Is sure that no French subject has taken powder or lead to the Indians in Nova Scotia. Such commerce is forbidden. Would gladly punish transgressors. In future will instruct those who go to buy cattle for this Government to pass through Canso, so that they can be searched for arms etc. Signed, St. Ovide de Brouillan. French. Copy. 2 pp.
718. x. Lt. Governor Armstrong to Lt. Govr. Dummer. Returns thanks for information of proceedings with Indians and refers to mission of Major Mascarene (supra). Continues: The Indians in this Government (by secondhand) have shewed some inclinations of peace, but being daily supported and clandestinly encouraged by our neighbours, the French, they still continue stubborn, however I am in expectation they will send me proposals for a treaty, wherefore that I may act for the good and intrest of your Government as well as this, I shall be glade you will favour me with your demands, for a seperate peace will only give them opportunitys of disturbing us both. Sends copies of Nos. v.—ix. supra, "by which you will see the triffling and chicaning ways they take to schreen themselves by giving only fair promisses without any other effectual performances; And whereas they at Cape Breton are chiefly supported with allmost all manner of necessaries (as you will see by the list of vessels that have been there this year) from H.M. Plantations, it would, in my humble oppinion, be necessary to put a stop, if possible, to that illegal trade, and if methods can be contrived in your Government and the others adjacent to prevent the same, I shall willingly joyn in performing my part," etc. Signed, L. Armstrong. Copy. 3 pp.
718. xi. Same to Thomas Lechmere, Surveyor General of the Customs. Welcomes the appointment of Hibbert Newton to reside at Canso, and regrets he did not come in the spring, "for most of the vessells being gone before his arrival, it was judged necessary, that those few remaining should have the same priviledges this year as they have had for those past" etc. Refers to illegal trade with Cape Breton and his mission on that point, supra. Signed, L. Armstrong. Copy. 2 pp.
718. xii. Observations made by Lt. Governor Armstrong on the advantage this country might prove to Great Britain, (i) Its size (described)—500 leagues in circumference, (ii) The great number of harbours and its easy navigation (Bay of Funda excepted) makes it the most commodious Colony for the fishing trade, were it well peopled etc. At present not any place is yet settled but Cape Canso. (iii) From the coast of Nova Scotia, the people of New England trade in cod-fishing, one year with another, upwards of £150,000 that country money etc. Inhabitants settled along the coast could easily increase that trade sixfold, (iv) A great many other branches in trade of great consequence in settling this Colony with British subjects may be added, as the vast plenty of herrings, mackrell, bass, sturgeon and the greatest salmon fishery in the world; besides an abundance of whales in the season of the year, almost on all the coast, with great quantities of seail, which if industriously improv'd would imploy thousands of people, and bring in greater revenues to H.M. Customs, than any other trade, etc. (v) As to the inland commoditys that may be drawn from this large province, there is not anything, which our east and northern countrys of Europe produces, but the like also may be made in this province, both as to the quantity and quality (with time) namely, rosin, pitch, tarr, deal boards and planks of all sorts of timber, etc., with the largest masts in the world, enough to secure the nation for ever, provided they imploy honest men for Surveyors of the woods, with proper instructions etc. (vi) The soil, when it is cleared from the woods, is as fertile and rich as in any part of the world, and bears good wheat, barley, rice, pease, beans, and all other grain that Europe affords with hemp, flax, etc., which at present for want of hands little or no progress is made in those manufactures; there is likewise all manner of garden roots and herbs, full as good as in any other part, and cattle of all kind. Therefore if most part of our idle hands in the Three Kingdoms were to be imployed in the populating and settling this large province, H.M. would have such a nursery of seamen, as wou'd, upon all occasions serve to man the greatest fleet etc., and provide all naval stores etc. (vii) The French inhabitants that live in the severalparts of this Province are about 8 or 900 families, all Papists, and not one of them will take the oaths to King George, amongst those are a great many missionary priests, who dayly draw over the Indians of the country to the Romish religion, and has inculcated a hatred inexpressible against the English; Therefore it will require great industry to reduce those people to their allegiance; by reason the Governours of the severall French collonys in America, by way of present, do's supply the Indians with all manner of arms and ammunition, and all other commoditys etc., in order to secure them in the French interest; in lieu whereof they get from them all the fur trade to themselves; and make those Indians, the instruments of all the roberrys and mischiefs that is committed against the subjects of Great Brittain, a late instance whereof happened in 1720 at Canso etc. Proposes building of forts etc. Signed, L. Armstrong. 2 1/4 pp.
718. xiii. Lt. Governor Armstrong's Order for a return of the provisions in store for the Garrison. Canso, 14th July, 1725. Signed, L. Armstrong. Copy. 1 p.
718. xiv. Order for an estimate of the value of same. 13th Aug., 1725. Signed, L. Armstrong. Copy. 3/4 p.
718. xv. Estimate as required in preceding. Aug. 13, 1715. Signed, John Calley, Thomas Wenmoth, Thomas Wroe, Hunking Wentworth, Josh. Peirce, Ellias Davis. Copy. 3/4 p.
718. xvi. Return as ordered No. xiii. 6th Aug., 1725. Signed and sworn to Henry Daniell, James Gibson, Richd. Richardson. Copy. 3/4 p.
718. xvii. List of ships that have taken and cured fish and exported same to foreign markets etc. in 1725. Totals: 202 vessels with 1169 men; 56,357 quintals of fish, value £31,935 12s. 8d. sterl. Mem.: Very neigh as many more of refuge fish shipt off for Barbados, Jamaca, and the Leward Islands etc. One large folded p. [C.O. 217, 38. Nos. 7, 7. i. x–xvii.]
[? Sept. 5.Without
date
.]
719. Lt. Governor Armstrong to the Council of Trade and Plantations. Repeats preceding covering letter, mutatis mutandis. Signed, L. Armstrong. Endorsed, Recd. 17th Nov., Read 1st Dec., 1725. 6 pp. Enclosed,
719. iviii. Duplicates of encl. Nos. i, ii, xii—xvii preceding. [C.O. 217, 4. ff. 270–287v.; and (abstract of covering letter) 217, 30. pp. 17, 18.]
Sept. 5.
Canso.
720. Lt. Governor Armstrong to Mr. Popple. Recommends his (above) transactions to his protection and friendship. Continues: I hope after you have perused, with the great advantage this port is to the revenue of the Crown, you will induce their Lordships to lay them before his most sacred Majesty, yt. something may be done by Parliament to fortify and protect this port, trade and fishery, and also that I may have directions to remove the Council from Annapolis to Canso, as well as an order to appoint a General Assembly composed of 24 of the principall inhabitants to make laws for the good government of the Province, otherways the best man on earth cannot manage and govern them, and tho' I have not recd. the value of one shilling from any of them yet I believe there may be some complaints sent home against me by some of the most villainous principle amongst them, which are without any foundation, yet however they may do an honest man hurt at this distance from home. By the packett you see what misfortune I labour under, in being obliged to find provisions for 152 men since 1st June computed at 3 pr. man per diem to the last of May next amounts to £693 10s. sterl., without any manner of credit for the same, unless my Attorney recovers it from Mr. Missing the contractor in London, which I presume he will not without an order from their Lordships and the Secretary of State. I beg your assistance etc., for without it be received my credit will be utterly ruined, and the troops reduced to a starving condition etc. P.S. I beg your acceptance of half a dozen sable skins for a tippett to yr. Lady and a loucervie skin for yrself, being all I could gett since my arrivall etc. Signed, L. Armstrong. Endorsed, Recd. 8th Oct., 1725, Read 31st May, 1728. 3 pp. [C.O. 217, 5. ff. 17-18v.]
Sept. 9.Middle
Temple.
721. Mr. Newman to the Duke of Newcastle. Requests that his memorial concerning the boundaries of N.H. may be laid before the Lords Justices etc. Signed, Henry Newman. Holograph. 1 p. [C.O. 5, 931. No. 14.]
Sept. 10.722. President Middleton to [? the Duke of Newcastle]. The Agent of this Province has orders to waite on your Grace with severall papers lately sent to me by the Governour of St. Augustine, amongst which I find a copy of a letter from your Grace to the Spanish Ambassador in London acquainting him, that it was H.M. pleasure that orders shold be despatched to the Government of Carolina to settle the bounds of the two Governmts. wth. the Governour of St. Augustine, and that in case the fort erected on Allatamahaw River should be found within the Spanish territoryes, the same should be imediately demolished, or an equivalent given for the same. I humbly take leave to represent to your Grace that the said river was never in the possession of the Spaniards, therefore I humbly presume cannot be reckoned within theire territoryes. I further crave leave to lay before your Grace the ill consequences of demolishing the said fort, for should they take possession of that river (as wee have reason to beleive they will, if the same be given up) they will entirely deprive this Province of all the trade, and obedience of the Western Indians, which will not only leave us naked and defenceless, but greatly hinder the consumption of the woollen and other Brittish manufactures; I further beg leave to represent to your Grace, that in the powers sent to the Governour of St. Augustine, he is directed to settle the boundaryes of his Catholic Majestyes territoryes pursuant to a Treaty between the two Crowns in the yeare 1670, at which time the English were in possession of noe more land, than in and about Charles Towne, soe that with submission I think that the Spaniards may as well claime all the lands within a few miles adjacent, as those lyeing on the Allatamahaw River. Quotes Charter of Charles II etc. Signed, Ar. Middleton. Endorsed, Rd. 17th Nov. 1 3/4 pp. [C.O. 5, 387. No. 56.]
Sept. 10.723. Same to Governor Nicholson. On 2nd Sept. instant arrived here thirty Spaniards in two boats from St. Augustine, they brought with them several orders to their Governor, etc. as in preceding. They had likewise orders from the Governour of St. Augustine to proceed on that affair, supposing we had received the like powers. Encloses original despatches received etc. By a verball message they desired to have the liberty of buying a sloop, and that leave might be given to have a chyrurgeon with them, both which requests I refused considering they might make an ill use of the same, and by their earnest desire they express to have Fort King George demolished. I was the more induced to act after this manner, when I reflected on that part of the King of Spain's letter to his Governour, wherein he tells him to admitt of noe equivalent, but upon refusal to have the fort demolished, that then he use proper methods to doe his Majestie justice. Your Excellency very well knows of what service that fort is to the safety of this Province and the dangerous consequences that will attend the giving up of the same etc. The destroying of the fort at Alatamaha may effect the Lower Creeks, who were settled on the head of that river and are now withdrawn themselves nigher to the Spaniards since their late irruption with this Government, have lately sent us an insulting answer to the several matters proposed to them by Capt. Tobias Fitch sent unto them from this Government, which we may reasonably beleive to be occasioned by the Spaniards being amongst them at the same time, and have much more reason to beleive so since this late demand of theirs to have the fort on Alatamaha demolisht being as they say within the King of Spain's territorys the giving up of which point will be owning that all the Creek Indians are depending on the Spaniards you may well remember how necessary 'twas thought for the safety of this Government that another first should be built on the Forks of that river without which 'twould be impossible that we should be able to reduce the Indians, whenever they should think fitting to make warr with us, which by their actions we have great reason to beleive they intend. We therefore hope that H.M. will never consent to the demolishing of that fort it being within his Dominion and there being an absolute necessity for the safety of his subjects that another be settled in the Forks of the said River to maintain that River, for we have reason to beleive that the Spaniards will erect a fort there as soon as we have quitted possession which will lead to the utter ruin of this Collony. The Assembly are prorogued to the 12th of Oct. at which time they are to meet etc. P.S. We have had a very fine summer and in all probability are like to have plentifull crops. Requests him to deliver enclosed Spanish papers to the Duke of Newcastle etc. Signed, Ar. Middleton. Addressed. 2 pp. [C.O. 5, 387. No. 57.]
Sept. 13.
Barbados.
724. Governor Worsley to the Duke of Newcastle. Acknowledges letter of 4th May. Continues: According to H.M. commands, I shall, as occasion may offer, insist on H.M. undoubted title, to any of the Islands H.M. has honoured me with the Government of, in the most civil and amicable manner. But I must beg leave to inform your Grace, that the French pretend to a right to Dominico as well as Sta. Lucia, St. Vincents and Tobago, and I am well informed there are several French familys settled there. In pursuance of H.M. commands to me in relation to the manner of trying the matross who accidentally killed the mate of the St. Christopher's galley (?. 24th Jan.), I have directed H.M. Attorney General here to proceed accordingly, and have given him Sir Henry Penrice's opinion. Mr. Carter H.M. Attorney General here having been for some time in a declining state of health, is gone to New York for a few months in order for his recovery, and during his absence (unless H.M. pleasure is signified to me to the contrary) I have appointed Mr. Walker, a very able lawyer, and a gentleman of a good fortune, in his room. Encloses Excize Act, and Minutes of Council, 13th April—3rd Aug.; and of Assembly, 11th May— 30th July; and following. Signed, Henry Worsley. Endorsed, Rd. Nov. 1st. 3 pp. Enclosed,
724. i. List of fines and forfeitures (£15) at the Grand Sessions of Barbados, 8th—10th June, 1725. Signed, Cha. Browne, Dep. Cl. Cor. 1 p.
724. ii. List of cases (11) at same. 1 p.
724. iii. Duplicate of No. i.
724. iv. Duplicate of No. ii. [C.O. 28, 44. Nos. 97, 97.i—iv.]
Sept. 13.
Barbados.
725. Governor Worsley to the Council of Trade and Plantations. Duplicate of concluding portions of preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 2nd, Read 17th Nov., 1725. 3 pp. [C.O. 28, 18. ff. 230–231v.]
Sept. 15.
Whitehall.
726. Mr. Popple to Francis Fane. Encloses five Acts of Jamaica, passed in Nov. 1724 and 3 passed in Jan. 1725, for his opinion thereupon in point of law. [C.O. 138, 17. pp. 45—47.]
Sept. 15.
Whitehall.
727. Same to Same. Encloses, for his opinion in point of law, 4 Acts of Barbados sent to Mr. West, July 23 and Sept. 1st q.?. [C.O. 29, 14. p. 414.]
Sept. 15. New York.728. Governor Burnet to the Duke of Newcastle. Acknowledges letter of 30th March with Mr. Rigg's leave of absence. Mr. Ingoldsby having returned to his post, Mr. Riggs can stay longer than 12 months etc. Will do him and his family all the service he is capable of, out of a sense of Mr. Delafaye's friendship etc. Signed, W. Burnet. Endorsed, R. Nov. 10. 1 3/4 pp. [C.O. 5, 1085. No. 54.]