America and West Indies
October 1725

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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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447-462

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'America and West Indies: October 1725 ', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 447-462. URL: http://www.british-history.ac.uk/report.aspx?compid=72416 Date accessed: 26 October 2014.


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Contents

October 1725

Oct. 1.
Whitehall.
744. Mr. Popple to Governor Hart. My Lords Commissioners taking notice that several of H.M. Governors in America do not punctually comply with H.M. Instructions, which require them to send their Lordships copies of publick papers, accounts of public mony, and all proceedings for their information etc., desire that you would supply what has been deficient in any accounts already transmitted, and for the future be more exact and particular in answering your Instructions, especially under the following heads, vizt.: (i) Journals of the several Councils and Assemblys, fairly abstracted in the margins, (ii) Yearly accounts of christnings, burials etc. (iii) Account of ordnance- stores, arms, all sorts of stores of war, and a state of the forts, (iv) Naval officer's lists of all exports and imports, especially of negroes. (v) Account of establishments of all Courts, Patent Officers, their Deputies, and tables of all fees, (vi) The wants and defects of any of the Islands. Of all which their Lordships have only had the Minutes of Council in Assembly, and of the Assembly of Antego, to Xtmas 1724, of Council in Assembly of Nevis to Michmas 1723, and of Council in Assembly of Montserrat to the 4th of March 1723/4 from you since your arrival in your Government. [C.O. 153, 14. pp. 197–199.]
Oct. 1.
Whitehall.
745. Mr. Popple to Governor the Duke of Portland. Begins as preceding and requests returns in particular to enquiries Nos. ii–vi and a map of the Island and an account of the strength of the neighbours. [C.O. 138, 17. pp. 48, 49; and (rough draft) 5, 1079. No. 141.]
Oct. 1.
Whitehall.
746. Same to Governor Worsley. Begins as above, and requests returns in particular to Nos. ii, iv–vi, and public accounts, especially of escheats, fines and forfeitures and Naval Officer's lists of all exports and imports, especially of negroes. [C.O. 29, 14. p. 415.]
Oct. 1.
Whitehall.
747. Same to Governor Phenney. Begins as above and requests returns in particular to Nos. ii, iv, v. Continues –– The copies of Minutes of your transactions in Council seem to be only such as have happen'd on particular heads and not compleat copies of the Journals fairly abstracted in the margins as is directed by the Jamaica Instructions of which you had a copy for your better guidance. Their Lordps observe in the list of Councillors which you have transmitted, that there have been several alterations made therein since your arrival, and that you have not in your letters given an account whether such as are left out are dead or removed, or if removed for what reasons, nor sent over names of persons fit to supply vacancies in Council, so as to keep that list to the number of twelve, and that some have been put in the Council who never were on that list, without giving any reasons for so doing. All which their Lordps. do not think agreable to the forementd. Instructions etc., and expect you will be more careful for the future. [C.O. 24, 1. pp. 78, 79.]
Oct. 1.
Whitehall.
748. Same to Governor Burnet. Begins as No. (i) and requests in particular returns to Nos. ii, iii, v, vi, supra, and a map of each Province and an account of the strength etc. of their neighbours. Concludes:—Of all which their Lordps. have had no account from you for either of your Govts, since your arrival at New York, nor have they receiv'd any Minutes of Assembly of New York, since those ending 6th July, 1723, nor any Minutes of Council between 6th July, 1723 and 8th Oct., 1724, for that Province. Set out, N.Y. Col. Docs. V. pp. 763, 764. [C.O. 5, 1124. pp. 381, 382.]
Oct. 1.
Whitehall.
749. Same to Lt. Governor Drysdale. Begins as No. 744 and requests in particular replies to Nos. ii–vi supra, and also a list of persons fit to supply vacancies in the Council; the numbers of the planters, and a map of the Colony and account of the strength etc. of their neighbours, be they Indians or others. [C.O. 5, 1365. pp. 282–284.]
Oct. 1.
Barbados.
750. Governor Worsley to the Council of Trade and Plantations. Duplicate of following. Signed, Henry Worsley. Endorsed, Recd. 15th, Read 17th Nov., 1725. 3 pp. Enclosed,
750. i, ii. Duplicates of following enclosures. Endorsed, Recd. 15th Nov., 1725. [C.O. 28, 18. ff. 234–237, 239?.]
Oct. 2.
Barbados.
751. Governor Worsley to the Duke of Newcastle. Encloses Act passed by the late President, Mr. Cox, to prevent the ?essells that trade here to and from Martinico, or elsewhere, from carrying off any negro, Indian, or mulatto slaves, persons indebted, or contracted servants. Continues:—An Act to prevent the clandestine carrying off of negroes etc. would, without doubt be of very great service to the Island, for as the ground is much worn out, the products of the Plantations depend entirely upon the stock of cattle and negroes, and the poor make a hard shift to support themselves and families by the help of a negro or two. There is at present an instance of two persons who have lately carried off this Island several negroes, etc. Refers to enclosures. Continues:—They are now in prison; the one was brought from Sta. Lucia, the other was taken up in this Island, and they are to be tryed at the next Grand Sessions the beginning of December next. As all Acts passed here are in force as soon as they are passed, yet as this act is of an extraordinary nature and regards the lives of H.M. subjects, and has not a clause in in it suspending the execution of it till H.M. pleasure be known concerning the same, I think it will be my duty to supply that defect, by reprieving these persons, if they should be condemned to dye, till I shall have the honour to know H.M. confirmation or disallowance of the abovesaid Act, which I can't find was ever sent home by Mr. Cox, he being now dead, as well as the Deputy Clerk of the Council who then officiated, and as it is generally reported, it was not, I thought it my duty to give your Grace this trouble etc. Signed, Henry Worsley. Endorsed, R. Dec. 7th. 3 pp. Enclosed,
751. i. Deposition of Gilbert Alberson and John Reeves, mariners. Barbados, 4th Sept., 1725. Joseph and Stephen Charnock shipped several boatloads of negroes clandestinely on board their sloop the Endeavour, Capt. Tucker, from Barbados and sold them at Dominico. Some of these negroes belonged to Mr. John Linscom etc. Signed, Gilbert Alberson, John Reeves. Copy. 1 p.
751. ii. Deposition of John Linscom. Barbados, 4th Sept., 1725. Deponent pursued above sloop for his negroes to Sta. Lucia. Joseph Charnock, jr., then in command jumped overboard and fled into the woods etc. Signed, John Linscom. Copy. 1 p. [C.O. 28, 44. Nos. 98, 98. i, ii.]
Oct. 2.752. Mr. Attorney General to the Lords Justices. Report upon petition of Thomas Rowland (cf. 11th March, 1725). No proof besides the grant having been produced by petitioner's Solicitor, I am of opinion petitioner has not made out the material allegations of his petition etc. Proposes that the Governor of the Leeward Islands may be instructed to examine said allegations in Council, and report the case to H.M. "by which means petitioner (who desires only to be tenant at will to the Crown) will save the expense of sending over his proofs to Great Britain" etc. Signed, P. Yorke. 4 pp. [C.O. 239, 1. No. 35.]
Oct. 3.
Placentia.
753. Lt. Governor Gledhill to the Council of Trade and Plantations. Acknowledges letter of 24th June, "which is the first I ever receiv'd from your Lordships." Continues: Receiving it not till this moment, and that by one of the hands of the complainants, when the last ship is ready to sail for Great Brittain this year, so that I have not many hours, or minutes to answer your Lordsps. commands, so submitt to your Lordships whether the delivery was by accident or design. I own it the highest indulgence your Lordships could give me in directing my answer to a libell of this nature etc. The first step I made since my arrivall was what I conceived my duty etc. The first year I found H.M. stores entirely empty of provisions, on which depended the lifes of so many of H.M. subjects, not only of this Garrison, then consisting of some hundred, but many indigent famylies depending thereon, amongst which the petitioner was one of the meanest artificers here, tho' drest in the fals title of head Armourer. The second year H.M. store ship being cast away, made ye case of this harbour more deplorable, insomuch that I was compelled to buy all the fish within my Government and sacrifice my credit in buying up some £1000 in provisions etc. many 100ds. of which I am in advance to this day. nay, I am upwards of £400 advance to the family's of the complainant and evidences of this libell etc. My obedience to your Lordships shall be strictly observed, relating to the Fishery, as well myself as my officers. No man living is more desirous to acquitt any concern I have in the Fishery then myself, nor can I imagine your Lordships commands extends so farr to disbarr me from recovering my right from a fisherman, where I have so many years supported their familys, as by certificate further appears. Your Lordships hinting to me there has been complaints made formerly by the merchants, which is ye first time I have been acquainted with it, I conceive must arise from the vast quantitys of provisions I bought from their Agents, my bills upon the Government for the same being all protested, and for which I am not yet releived, though I have mortgaged my own private fortune in paying of the same. I cannot give a shorter reply to your Lordships' charge of my discouraging the trade of this place, then by referring to the severall convoys appointed to inspect into the Fishery, the vast increase since my arrivall here, being almost incredible. The first year of my Government there not being caught in the whole district 2,000 quintell of fish, and the last upwards of 50,000; This vast disparity I must own is in part owing to the very great quantitys of Irish Papists and Non-jurors infesting these parts; which I have been obliged to remove and make room for H.M. subjects duly qualify'd; the complainant's family harbouring rebells escaped from Justice in the late Rebellion etc. I have often found in summoning H.M. subjects to take the oaths required by law, that not one person in fifteen but what has refused the same, namely this very Salmon the complainant in his family not one person save one out of 27 but what refused etc. Their insolence being grown to that height, that a body of them came in the night, and threatned to pull down the garrison, insomuch that I was obliged to point the cannon to repell them; the said body being proved to come from Salmon's house; upon which with their refusall of the oaths together with the strongest proofs of his keeping a noted disorderly house, upon the petition of the most renowned dealers here, I in conjunction with Capt. St. Lo (appointed Convoy to the Fishery) order'd him in open Court, his family being Popish, recusant, convict to remove to some other harbour of this land, yet so farr from injuring him in his plantation I averr to your Lordships he n ever had any here save what he wrongfully occupyed, wch. he has destroy'd with- out paying one farthing rent for the same to the owner. The evidences upon which he builds his charge principally being two notorious harlotts, under fictitious names, which I likewise bannished from their keeping bawdy houses within my Government, being now well assured they keep up the same practice in the hundreds of Drury etc. Encloses the very, very few numbers amongst so many hundred inhabitants that could be prevailed upon to take the oaths to his present Majesty; This Garrison being now reduced to 40 odd, though the most important place of the land, I think I may say of all America, so far have I encourag'd and improved it. The whole of this charge stands upon four rotten evidences, all which putt together would not find creditt for four pence in this harbour; I must own the certificate signed to Capt. Lo is very artfully intermixed to carry a thread of truth thro' the whole libell etc. Your Lordships will find what it amounts to, that he was an encouradger of trade, and wo'd more if not hindred, but what trade it was I submitt to your Lordships. The two signers of the certificate being both accused of conversing with his wife, the latter taken concealed in her bed etc. Signed, S. Gledhill. P.S. Refers to eminent traders in England, Thomas Missing, M.P., Arthur Holdsworth, of Dartmouth, and John Benson of Biddyford, to endorse above statements etc. Endorsed, Recd. 25th Nov., Read 8th June, 1727. 6 pp. Enclosed,
753. i. Conveyance by Thomas Salmon of all his effects to his wife's sister, Katherine Cole. 5th June, 1718. Signed and sealed by Tho. Salmon. Subscribed, This instrument I find a fradulent conveyance, with intent to defraud his creditors, which he did not that year pay 5s. in the pound etc. Signed, S. Gledhill. Endorsed, Recd. 25th Nov., 1725. 1 p.
753. ii. Lt. Governor Gledhill's reply to Thomas Salmon's petition. In detail, as above. Endorsed as preceding. 18 pp.
753. iii. Certificate by inhabitants and planters of Placentia, 4th Oct., 1725. For many years there has not been two planters in this harbour that hath been able to support themselves with bread, much less to equip out their boats for the Fishery, but by the sole help and assistance of the Honble. Govr. Gledhill. Signed, Richard Coxe, Peter Steward (his mark), and 8 others. 1 p.
753. iv. Deposition of Thomas Proctor, keeper of the books of the Garrison at Placentia, that Thos. Salmon, Henry Bishop, Ensign Baker and Dr. John Elliot had been subsisted from the Garrison of some years etc. Oct. 4th, 1725.
753. v. Proclamation by Lt. Governor Gledhill. Fort Frederick, 30th June, 1724. Summoning all heads of families inhabiting Placentia to appear on July 1st and to take the oaths if required to King George. Forasmuch as several recusants (not mentioned in the Treaty of Peace) pretend to settle here in defyance of the laws, they are hereby stricktly required to depart from this harbour within two months, and in the interim to give security for their good behaviour, etc. Signed, S. Gledhill.
753. vi. Extract from the Records of Placentia. July 1st, 1724. This day the persons undersigned (27) took the oaths of allegiance, supremacy and abjuration. Mary, the reputed wife of Thomas Salmon, appeared but refused the oaths, alledging that she had a conscience, her husband saying she was a Roman Catholic and could not take them. 1 p. Nos. iii–vi endorsed, Recd. 25th Nov., 1725. [C.O. 194, 8. ff. 52, 53, 54, 55, 56–57?., 59, 59?., 60?., 61, 62?., 63, 64?., 65, 66?., 67, 68, 70?., 71, 72?., 73, 74? ,75, 76?., 77, 78?., 79?., 80, 82?., 83, 84?.–85?.]
Oct. 7.
Whitehall.
754. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, petition of Presbyterian congregation at New York with Council's proceedings thereon. [C.O. 5, 1124. pp. 382, 383.]
Oct. 8.
Whitehall.
755. Council of Trade and Plantations to the Lords Justices. Representation upon the Memorial from the Massachusetts Bay, 25th Sept. (q.v.), for assistance in the Indian war etc. We have upon this occasion discoursed with Col. Shute and with the Agents of that Province; as well as with those of New York, Connecticut and Rhode Island etc. The Eastern Indians now at war with the Massachusetts Bay do generally dwell on or near the Banks of the Rivers Kennebeck and Penobscot, to the eastward of the Province of Main, which tract of land was included in the Charter granted by their late Majesties King W7illiam and Queen Mary to the Massachusets Bay, and as disputes have heretofore arisen between the people of the Massachusets Bay and these Indians, concerning lands purchased from them or their ancestors, so treaties have been made with them at different times in order to settle these disputes. One of these treaties bears date the 13th day of July in the year 1713, and was made by Colo. Dudley, then Governor of New England, with the Chiefs of the Indian Nations; And upon fresh disputes arising, Colo. Shute did on the 22nd of August, 1717, make another solemn treaty with them, whereby it was agreed, that H.M. subjects of New England should settle as far as they had ever done; And by this treaty the said Indian Nations did acknowledge H.M. sovereignty over them and their lands, stiling the Province His Majesty's, and themselves His Majesty's subjects, as they had already done upon former occasions, during the Government of Sr. William Phipps, in 1693, and that of my Lord Bellomont in 1699. Upon the faith of these treaties, the people of New England attempted to settle near Kennebeck River, but were interrupted, insulted, plunder'd and murder'd by the Eastern Indians; And after many injuries and great losses sustain'd, the Government of the Massachusets Bay were in their own defence oblig'd to enter into this war with the Indians, which has now continu'd for the space of three years. That the Indians have been encouraged and supported in the carrying on of this war by the French of Canada, appears to us from many proofs, more particularly by an intercepted letter of the Marquiss of Vaudreuille to Sebastian Rallé, a French Missionary settled amongst the Indians, wherein Monsr. Vaudreuille declares, that the said Indians need not apprehend the want of supplies; that he would continue to send them such succours as they had occasion for, having orders not to let them want, and even to sustain them, if the English attack'd them wrongfully (?. 13th March, 1722). The countenance and assistance given by the French Governor of Canada, to the Indians, in the prosecution of this war, is not only repugnant to publick faith and the general tenor of all treaties of Peace and Commerce, but likewise expressly contrary to the 11th Article of the Treaty of Neutrality between the French and English in 1686; whereby it is covenanted and agreed, that the Governors, Officers, and subjects, of either King shall not in any wise molest or disturb the subjects of the other, in settling their respective Colonies, or in their Commerce or Navigation. Wherefore we wou'd humbly propose to your Excellencies, that H.M. Ambassador, residing at Paris, may be directed to make proper instances upon this occasion to the Court of France, to prevent the further progress of so unjust a proceeding, that the Governor of Canada may be directed for the future to pay a stricter regard to the treaties subsisting between the two Crowns, and that an order may be obtained for recalling all French Missionaries from amongst the Indians depending upon H.M., or inhabiting any part of H.M. Dominions in America. And considering that the expence of this war lies very heavy upon the Massachusets Bay, we beg leave to propose to your Excellencies, that recommendatory letters may be sent to the Go vernors of New York, Connecticut and Rhode Island, to engage the several Assemblies of those respective Provinces to contribute to the assistance of the people of New England, in proportion to the regulation formerly made for the mutual defence and support of the Northern Colonies, by his late Majesty King William, which regulation is still continued in H.M. Instructions to the Governor of New York. And as we conceive, no method can be so effectual for putting an end to this war; as that propos'd by the Petrs., of ingaging the Six Indian Nations bordering upon the Province of New York to take arms in defence of the Massachusets Bay, we are humbly of opinion, it wou'd be very much for H.M. service that the Governors of New York shou'd be directed to ingage the said Indian Nations to enter heartily into this war, in defence of H.M. subjects. We think it our duty however upon this occasion to observe to your Excellys. that some doubts have formerly arisen whether the lands that have given occasion to this war do lye within the district of the Massachusets Government, notwithstanding they are contain'd in their Charter, because these lands since the granting of that Charter, as well as the Province of Nova Scotia, were conquered by the French, remain'd several years in their possession, and were afterwards reconquered by General Nicholson at the expense of the Crown, and it would seem to us by a report of a Committee of the Lords of the Council, 17th Dee. 1720, that their Lordships were of opinion that all the lands to the eastward of Kennebeck and Penobscot Rivers, were absolutely in H.M. disposition; And that if the people of the Massachusets Bay were permitted to continue their possessions between the said two rivers, a quitt rent ought to be paid to H.M. for the same, and that the Colony of the Massachusets Bay shou'd renounce all right to any lands to the northward of Penobscot, and all claim of Government in any of the said lands to the Eastward of Kennebeck. This we mention only by way of caution to preserve H.M. claim, and not to prevent the proper measures for putting an end to this unhappy war; being convinc'd that it would be of very dangerous consequence if the savages in America shou'd once imagine that they might attack any Colony whatsover of H.M. subjects with impunity; or that the British inhabitants of any one Province in America shou'd believe themselves wholly unconcern'd, whilst their neighbours and fellow-subjects are so vigorously attackd. Autograph signatures. 8 pp. [C.O. 5, 752. No. 30; and 5, 915. pp. 438–445.]
Oct. 8.
Whitehall.
756. Council of Trade and Plantations to the Lords Commissioners of the Treasury. There was at Michaelmas three months salary due to our Secretary and other Officers etc. [C.O. 389, 37. p. 254.]
Oct. 10.
H.M.S. Argyle, in St. John's
Harbour.
757. (a) Commodore Bouler's Answers to Heads of Enquiry relating to Trade and Fishery of Newfoundland. Nos. i–xiii. Complied with etc., or no complaints to contrary. (xiv) Accounts are kept in each harbour; but the Admiralls do not make any return of 'em to Great Britain as the Act directs, (xv, xvi) complied with (xvii) No (aliens resort to Nfdld. or adjacent islands to take bait, trade or fish), (xix) The country produces nothing for the subsistance of the people except fish, so that they are cheefly supply'd from England, Ireland, and the plantations, (xx) They are for the most part supply'd (with manufactured articles) from Great Britain, (xxi) Servants are paid in bills or fish from £20 to £6 sterl. for the season, (xxii) Cost of fitting out and maintaining a fishing boat, £110 first cost, (xxiii) The inhabitants during the fishing season employ their servants altogether in curing fish, and have about four or five men to a boat, but their fish is generally dearer, then the bank fish, by a ryall a quintall, and last year and this year in most places 'twas three ryalls a quintall dearer then the bank fish, (xxiv) They employ themselves and servants providing things necessary for the next fishing season, but there are no persons now to administer justice dureing the winter in any of the places of N.fland. (xxvi) Yes. (xxvii) Do the inhabitants claim a right to stages, cook-rooms and flakes they have built in those fishing places, which have not been possessed by the fishing ships since 1685 etc.? Answer. Nothing demanded, (xxix) The flakes are all extended from the shore up into the land and have no more front to the water side then was formerly allow'd. (xxix) The shipp rooms arc known by the inhabitants, and the masters of fishing shipps, but no account of them kept nor any complaints made thereon. (xxx) The greatest part of the provisions brought to Newfoundland for the fishermen, is from Great Britain and Ireland, but they generally victuall themselves home with provisions from New England, (xxxi) No masters of any shipps, but such as are cleared from England are admitted Admirals, (xxxii), (xxxiii) No. (xxxiv) One or two shipps only continue to allow their Company's shares of what they make in a voyage, and the charge of fitting and maintaining of a shipp of 100 tuns in that case may amount to about £1300. (xxxv) None that can be discover'd. (xxxvi) If any are brought into Newfoundland they are vended amongst the seamen and inhabitants, (xxxvii) All the plantation goods are sold to the inhabitants, (xxxviii) By accounts from the traders, the quantities of rum, molosses, wine etc., sold this year amount in value to £11,200, which has been all paid for in fish or bills of exchange, rum at 1/10 pr. gall., molosses 1/3, sugar 40s. per cwt., flour 116s. per cwt., bread 18s. per cwt., beef £l 8s. 0d. per barrel, pork £l 8s. 0d. pork £2 5s. 0d. a barrel, tobacco 8d. per lb. (xxxix) There are about 70 taverns or publick houses in Nfland., 50 of which are at St. John's, Quidi Vidi and Tolbay, and kept only by the inhabitants, the masters of shipps, and other traders supply'em with liquors and necessarys for their houses, and the fishermen are trusted by the inhabitants, but its not to be discovered whether upon their own credit or the credit of their masters, however they are often trusted so much that at the end of the season they have nothing left to carry them home, and so they are obleidg'd to go away to New England in some of the vessells of that country which are generally in some of the harbours for this purpose about the time the convoy is sailed for Europe. (xl) Not to be discovered, (xli) They pay the masters of fishing ships either in fish or oyle for the passage of their servants, after the rate of 40s. out and 30s. home, (xlii) The credit the fishermen meet with occasions many disorders frequent debaucherys, and thereby the well curing of the fish is sometimes neglected, (xliii) The masters say they do not connive at nor encourage their men to remain in the land, except such as come to carry on the seal and furr trade to the no'ward. (xliv) 'Tis believed (the New Englanders still carry away numbers of handy craftsmen and fishermen etc.), but no proofe to be had of it. (xliv) Comply'd with, (xlvi) There is no abuse in the ordering of their fish, nor is there any method to be taken to make'em better, (xlvii) There is no account of the French Fishery to be had at Newfoundland, (xlix) No account to the contrary, (li) Upon the complaint of Geo. Skeffington, Isaac Bonoviren and Samuel Shamblear of Bonavista, that they had been molested in their salmon fishery by one Joseph Randall of Pool, Richard Clarke and Benjamin Watts were brought to me at St. Johns, "where I tooke to my assistance Capt. Peter Solguard of H.M.S. Greyhound, and because the Admirals of the harbour were at sea, Mr. Jno. Masters, master of a fishing ship who arrived next to the Rear Admiral." Clarke and Watts confessed to distributing said salmon fishery by order of said Randall. They were given 10 and five lashes respectively with a catt of nine tails on the bare back at each of the Admiralls rooms in the harbour etc. Signed, E. Bouler.(b) Scheme of the Newfoundland Fishery for 1725. Totals:—Number of fishing ships, 158; burthen, 13,118; passengers, 1442; men belonging to fishing ships, 2569; number of boats kept, 637; by-boatmen, 1013; quintals of fish made, 120,998; carried to foreign markets, 108,220; tierces of salmon, 600; train oil, 698 tuns; prices of fish, 28 & 30 ryals; £2 3s. pr. tierce of salmon; value of furs taken, £4592; number of stages, 267; trainfats, 134; number of families who keep taverns, 346; estimate of land improved, 26 boats rooms; inhabitants, 2930; of which remained in the country last winter, 2349; births (since departure of last convoy) 51; burials, 36; names of persons who administered justice during the winter this year, None.(c) Account of proceedings of the persons that administered justice at St. John's in 1724. (i) Wm. McLaughlin and Thos. Lee having enclosed a public path leading from St. John's into the woods and manured it into garden grounds, it was ordered that the fence be taken down and the ancient path laid open. Feb. 3, 1724. (ii) Tho. Slaughter, servant of Thos. Bulley, was punished for violent and mutinous behaviour. Feb. 16, 1723/4. Signed, Jno. Jago, A Southmaide, Saml. Rook. The whole endorsed, Recd. 9th, Read 10th Feb., 1725/6. 29 1/4 pp. [C.O. 194, 8. ff. lv–16?.]
Oct. 10.
Placentia.
758. Lt. Governor Gledhill to Mr. Popple. A ship drove in here by stress of weather gives me the opportunity of sending you this supplement to my answer of 3rd instant etc. Asks for duplicate of order of 4th July, 1723 which he never received and cannot therefore answer. Concludes: I flatter myself that my personal knowledge to some of their Lordships etc., will not admit of any evill impression from so groundless a libell from a person disaffected to H.M. Signed, S. Gledhill. Endorsed, Recd. Read 17th Nov., 1725. 1 p. Enclosed,
758. i. T. Salmon to Lt. Governor Gledhill. Apologises for "his ill manners the other morning" and asks for leave to keep a public house, or should he apply to the Commodore? Signed, Tho. Salmon. Subscribed, The Governor refusing, Salmon bo't some quantitys of liquor from each Captain that signed that certificate to Capt. St. Lo, which was the motive of their signing the same, yet five of the very men came in a body and affirmed that if I did not suppress that publick house, they co'd not carry on their fishery. Addressed. 1 1/4 pp.
758. ii. Declaration of Rev. Richd. Cox. Fort Frederick, 3rd Oct., 1725. The only Minister to the town and Garrison of Placentia for nigh seven years, I never knew any person of Salmon's family (being generally reputed Papists) at the Communion of the Church of England, and only one, compelled by the Governor, ever took the oaths to H.M. etc. Signed, Richd. Cox.
758. iii. Ann Owen to [?Lt. Governor Gledhill] Westminster, April 12th, 1725. The rent being now duly paid, makes no objection to his having put Salmon out of her house and taken it into his own possession etc. Signed, Ann Owen. Endorsed, Recd., Read 17th Nov., 1725. 3/4 p.
758. iv. Supplemen to Lt. Governor Gledhill's reply to Salmon's complaint of his plantation being arbitrarily taken from him. The Engineer employed to perfect the works of this Garrison complaining to the Board of Ordnance that the houses of Thos. Salmon and John Barns, sutlers, were destructive to the carrying on the works, quotes letter of Board of Ordnance to the Duke of Marlborough:—It is to be wished that the sutlers at Placentia may be kept in better order, for want of of which our artificers are spoiled with drink etc. and this small work will be endless etc.—, with Lord Carteret's order to the Governor to comply with it. Continues:—In obedience to these orders I suppressed the two houses etc. Salmon in defiance said he would keep a house to entertain what persons he thought fitt, (most of which under colour of servants were Papists, non-jurors and rebels escaped from Justice) etc. He has been the greatest disturber of fishing in this harbour, as appears by his own letter and the certificates of three fishing Admirals which I have desired them to send to your Lordships etc. Signed, S. Gledhill. Endorsed as preceding. 2 1/2 pp. [C.O. 194, 7. ff. 271, 272?.–273?., 275, 276–278?.]
Oct. 24.
Canso.
759. Lt. Governor Armstrong to the Duke of Newcastle. Refers to letter by Lt. Danicll. Continues:—I must now inform you of the misfortune that happened to Capt. John St. Lo in the Ludlow Castle the third inst. as he was going to sail out of the harbour for Lisbon the ship not wearing run aground in a narrow passage on a ledge of rocks where she continued untill the fifth, and if it were not for the assistance I and the whole garrison gave him, with what vessells there was in the harbour that I emediately ordered to take in her guns and stores he must inevetably have lost the King's ship; he and all his people never rested one moment during the whole time etc. He is obliged to go to refitt at Boston this winter in order to return early in the Spring for the protection of the fishery, which is very considerable and worthy the Governmts care; and I hope the Lords of the Admeralty will order Capt. St. Lo here early in the spring which will be the establishing of this place the greatest fishery in the world etc. I have wrote to the Governmt. of New England to send me sixty Indians of that country with twelve whale boats, which joyned with so many of our troops and forty men from Comadore St. Lo I entend to take a tour through the Province to humble the vilanous french inhabitants as well as Indians. I shall land at Checanecto in the Bay of Vert from thence to Minos in the Bay of Fundy, and so to Annapolis and Canso etc. I am sure this will put it out of the power of the French and Indians to insult us any more, which they have constantly don this four years past. I have now inteligence of about 800 Indians that designs to attack me this winter by the underhand orders of the French Governors of Quebec, Troy River, Mount Royall, and Cape Briton. I hope we shall do our dutty and give a good acct. of them, with the hopes to have full directions from your Grace on this head next spring; I shall transmit all my proceedings to your Grace etc. Signed, L. Armstrong. 2 pp. [C.O. 217, 38. No. 8.]
Oct. 24.
Ganso.
760. Same to Mr. Popple. Since my last the provission ship arrived upon which I ordered a survey the butter was all condemned as not fitt for men to eate. The master demanded three receipts, which I could not give him for the reasons herewith inclosed, which I desire may be laid before their Lordships for my justification against any unjust or underhand misrepresentations, for Mr. Missing will owe me about £400 sterl. for provissions supplyd and engaged for, the accounts of which I shall transmit etc. Repeats parts of preceding. Concludes:—I can't help informing you that an angel from heaven can't please nor govern these fishermen, as you will see in perusing some papers herewith sent you relating to one Capt. John Elliot etc. Asks for the opinion of the Board thereupon to be sent by the first opportunity etc. There are several others as bad etc. I hope by this you have received my letters for the Board by Ens. Bradstreet and Lt. Daniell with the fish and some few furs I sent your spouse, my service to Mr. Sanderson etc. Signed, L. Armstrong. Endorsed, Recd. Nov. 25, 1725, Read May 31st, 1728. 2 3/4 pp. Enclosed,
760. i. (a) Petition of Thomas Cox and others to Lt. Governor Armstrong. Canso. Oct. 1st, 1725. Pray that John Elliot may be compelled to pay the wages due to them, as previously ordered by the Lt. Governor. Signed, Thomas Cox and 4 others.(b) Report of a Committee, to enquire into the case.(c) Order that Capt. Elliot pay or hand over his schooner to Cox as security. 10th Oct. 1725. Signed, Law. Armstrong.(d) (e) Depositions by George Grinter and Robert Ashton, 18th Oct., 1725, that on 17th inst, he was ordered by Capt. Elliot to take the sheep of a small island belonging to Capt. St. Lo. (f) Note by Lt. Governor Armstrong. The within mentioned Elliot proves himselfe a cheat, theif and lyar, by all his transactions in this harbour and I could justly joyn with him severall others that I have proved so, who are the only people that complain against Govermt. etc. Signed, L. Armstrong. Endorsed, Recd. Nov. 25, 1725. 51/3 pp.
760 ii. (a) Order for survey of provisions received from Thomas Missing. 14th Oct., 1725. Signed, L. Armstrong, (b) Report on same. The beef and pork are good, but the beef near an eight short in weight and the butter old and rank and not fit for men to eat. Signed, John Calley and three others. Endorsed as preceding. 2 pp.
760. iii. Receipt for above provisions in good condition, with note by Lt. Gov. Armstrong that he cannot sign it, because he has supplied the garrison himself since 1st June and engaged for further supplies and must be secured of repayment by Mr. Missing etc. Signed, L. Armstrong. Oct. 13th, 1725. 1 1/2 pp. [C.O. 217, 5. ff. 19—25?.]
Oct. 25.761. Mr. Fane to the Council of Trade and Plantations. Reply to 20th Sept. Has no objection to Acts of Barbados (i) 1715, for the better settling intestates' estates etc., and (ii) 1724, Additional Act to the Act establishing Courts of Common pleas. But [Continues:] the Act to keep inviolate and preserve the freedom of elections etc. (1721), seems rather calculated to create an independance in this island than to preserve and keep inviolate the freedom of elections; there being scarcely a clause but what is liable to some objection; and wt. is contrary to the laws of elections in England; I must beg leave to lay before your Lordshipps some few matters (amongst many others) which I apprehend are very extraordinary and unprecedented. There is a clause that no person shall be capable of electing or being elected an Assembly man or Vestry man, or to serve as juror who has not 10 acres of lands of £10 pr. ann. value exclusive of a house and hath not been in possession of such lands for which he votes for a year before the election and hath not resided or some of his family constantly during that term upon five acres of such land or else is possessed of a dwelling house of £50 pr. ann. value. This is such a restrictive power that it puts the elections into the hands of the freeholders inhabitants and entirely excludes the other freeholders, who surely ought to have the same right etc. This and the exclusion of the house in part of the value of the freehold, are quite contrary to our law etc. and highly unreasonable. Another clause gives the Sheriffe and candidates of one parish, who have a right to vote in another parish but being unable to attend both elections a power to signifie by letter to the Sheriffe of the parish where they cant be present their inclination to vote for such candidates, which signification is deemed good and valid etc. This is a most extraordinary power given to these persons, who are no more entitled to it than any other absent freeholder employed in the service of the publick etc. There is nothing like it in this country except the voting by proxy in the House of Lords etc. There are very many great penalties imposed upon persons offending against this Act which are in themselves grevious and burthensome to the subject and very improper to be imposed; as for instance if a Sherife refuses a person to vote who is duely qualified by this Act, he shall forfeit £50 to the person refused to be recovered before the next Justice of Peace. This penalty might very well be spared considering the remedy the person hath at the Common Law etc. But what is most to be dreaded is the summary way of proceeding etc., a method never prescribed here but in cases of the Revenue and too often liable to be attended with oppressions etc. The penalties are not applied in the usual method they ought to be, for no part of it is given to H.M., which I apprehend is restraining the prerogative of the Crown etc., and not only tends to lessen H.M. Revenues, but also deprives H.M. of an opportunity of exercising his mercy and clemency etc. There are many sorts of oaths imposed by this Act, which are extraordinary and unprecedented, particularly an oath which is administered to the Speaker and Assembly upon determining controverted elections, etc. The policy of the Law of England hath been always unwilling to fetter and embarass a person with oaths, because it hath been too frequently found to introduce perjury, and in this particular instance it might very well be spared etc. (iv) The Act for enlarging the time appointed for the election of Vestryme n is only an amendment to the preceding Act etc. Signed, Fran. Fane. Endorsed, Recd. 25th Oct., 1725. Read 7th Dec, 1727. 3 1/2 pp. [C. O. 28, 19. ff. 43–45?., 46?.]
Oct. 27.762. Mr. Hammerton to Charles Delafaye. Sir Robert Walpole told my brother Long a warrant was ordered for me. ( for the Secretaryship of S.Carolina). Begs him to speak to the Duke of Newcastle, that it may be signed to-morrow etc. Signed, John Hammerton. Addressed. 1 p. [C. O. 5, 383.No. 14.]
Oct. 28. Whitehall.763. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, a power of attorney, will etc. in relation to a debenture claimed by Thos. Chezus, as administrator of Richd. Weldon, of Nevis, deed., by his inter-marriage with Ann, widow of John Basnet, their Lordships having some doubt as to that claim etc. [C.O. 153, 14. p. 199.]
Oct. 29. Whitehall.764. Duke of Newcastle to Governor the Duke of Portland. H.M. having been pleased to grant to Mr. William Wood his letters patents for the coyning of half pence, pence and two pences of the value of money of Great Britain for the use of H.M. Dominions in America, which said coyn is to receive such additional value as shall be reasonable and agreable to the customary allowance of exchange in the several parts of those H.M. Dominions, as your Grace will see more at large by a copy of the patent which will be laid before you by the person that delivers this letter to your Grace, I am to signify to your Grace, H.M. pleasure, that in pursuance of a clause in the sd. patent by which all H.M. Officers are to be aiding and assisting to Mr. Wood in the due execution of what is therein directed and in the legal exercise of the several powers and enjoyment of the privileges and advantages thereby granted to him, you give him all due encouragement and assistance etc. Signed, Holies Newcastle. Similar letter sent to Governors Worseley and Hart, Phenney, Burnet, Shute, Nicholson, Philips, Lt. Governors Hope, Drysdale, Keith; Lord Baltimore, Proprietor of Maryland, Lords Proprietors of N. Carolina; Governor and Company of Rhode Island, and of Connecticut. [C. O. 324, 35. pp. 153–158.]
Oct. 29.765. Sir Robert Sutton to the Council of Trade and Plantations. Recommends Francis Bond (?. 20th July) for the Council of Barbados in the room of John Lucie Blackman, who died recently in London etc. Endorsed, Recd. Read 4th Nov., 1725. 1 p. [C. O. 28, 18. ff 223, 223a.?.]
[Oct. 31.]766. Journal of the Commissioner for Indian Affairs on his Journey to the Chcrokees and his proceedings there. 7th June-31st Oct., 1725. Signed, Geo. Chicken. 42 1/4 pp. [C. O. 5, 12. ff 16–37.]