America and West Indies
September 1730, 11-20


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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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'America and West Indies: September 1730, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 275-285. URL: Date accessed: 24 November 2014.


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September 1730, 11-20

Sept. 11.
432. Duke of Newcastle to the Council of Trade and Plantations. I send you herewith an extract of the last letter I have received from H.M. Ambassadors at the Court of France, etc. Summarized. Concludes :—It is H.M. pleasure that you forthwith prepare a draught of a proper order for this evacuation [of Sta. Lucia, St. Vincents and Dominico,] on the part of H.M. that it may be sent to the King's Ambassador at Paris, who will procure an order in the same tenour to be sent on the part of France. Signed, Holles Newcastle. Copy. 1 p. Enclosed,
432. i. Extract of a letter from Earl Waldegrave, Mr. Walpole and Mr. Poyntz to the Duke of Newcastle. Paris. Sept. 6/17 1730. We have been constant in reminding the Garde des Sçeaux of the Order to be sent for evacuating the islands of St. Lucia, St. Vincent and Dominico, pursuant to the proposal made by this Court, and accepted by H.M. as mentioned in your letter of 26th March, of which we have twice put an extract into his hands. He assures us that there is no difficulty or delay intended in this affair, and that tho' the frequent removals of the Court, and the intervention of other business, had hindred them hitherto from concerting the proper order for this purpose, yet if such an order be drawn up on the part of England and transmitted hither, we may depend upon their sending one of the same tenour. Copy, ¾ p. [C.O. 253, 1. Nos. 57, 57 i.]
[Sept. 13].433. Sir A. Cuming to the Council of Trade and Plantations. It is the desire of the Chiefs of the Cherokee Nations here present that your Memorialist should give an answer to three of the Articles proposed to them by H.M., which they have purposely omitted to speak to, as knowing that their Crown, eagles tails and scalps of their enemies were intrusted to your Memorialist, and not to them, by their Emperor Moytoy of Telliquo, and that they themselves their other Kings, Princes and beloved men of their Nation consented to the same, and that they should obey all your Memorialist's instructions. They came not to England in order to enter into any agreement for themselves, but they came at your Memorialist's desire as friends to him, and to be themselves an evidence of the truth, vizt., that they submitted themselves to H.M., and that your Memorialist required it of them. As your Memorialist was neither sent nor pretended to be sent by H.M. into their country, altho' he had H.M. leave of absence to travel where he pleased, and went among them as a friend; so the submission being made only to him, whom they saw and confided in, your Memorialist is not only answerable to H.M. for their obedience and good behaviour, but is likewise answerable to God and his own conscience for a due care of them. They have chose Memorialist for their Director, and if H.M. approves of it, he shall direct them for their own good and for H.M. service. Endorsed, Recd. 13th, Read 19th Sept., 1730. ¾ p. [C.O. 5, 361. ff. 166, 167v.]
Sept. 14.434. Lt. Governor Gooch to the Council of Trade and Plantations. Having by the Biddeford man of war transmitted the journals and laws of the last session of Assembly, I depend so much on the safety of that conveyance, that I judge it needless to put your Lordships to so much charge as the postage for the duplicates must occasion, and have therefore inclosed a printed copy of the laws, which, with your Lordships leave, I hope will answer the end, and at the same time serve as a specimen of the product of our Press, where the whole body of the Laws of the Colony is to be printed for the publick service, and shall be sent to your Lordships as soon as it is finished. Since my last there have been discovered many meetings and consultations of the negroes in several parts of the country in order to obtain their freedom; whereupon great numbers of them have been taken up and examined, but no discovery made of any formed design of their rising, only some loose discourses that H.M. had sent orders for setting of them free as soon as they were Christians, and that these orders were suppressed, a notion generally entertained amongst them, but I have not been able to learn who was the first author of it. Whatever their designs were, or their purposes might have tended to, they have been fortunately prevented by the speedy appointment of partys of the Militia sent out to patrole, with orders to secure all the negroes found off their masters' plantations; and as a great many have been made prisoners, and under severe chastisement by whipping for rambling abroad; I am in hopes by keeping the Militia to their duty, to deter them from any such unlawful meetings, and to convince them that their best way is to rest contented with their condition. But this alarm has occasioned a good deal of fatigue to the Militia, and some loss in their crops, as happening at a time when their labour and industry were much wanted in their grounds, etc. We impatiently expect to hear of the favourable reception of our tobacco law at your Lordships' Board, for I am in hopes it will give new life to the trade of this country etc. P.S. Letter went home by the Gooch frigate etc. Signed, William Gooch. Endorsed, Recd., Read 14th May, 1731. Holograph. 1 p. [C.O. 5, 1322. ff. 158, 159v.]
Sept. 14/25.435. Mr. Hintze to the Council of Trade and Plantations. In reply to Aug. 11th, explains that he was at great expense in going twice to Amsterdam to get the Board's Instructions printed there etc. The 120l. was only advanced out of the 20s. a day etc. Continues :—I have engaged notwithstanding above 450 families which will be ready to goe and settle in Nova Scotia in the beginning of next March. Prays the Board to consider his expence and how advantageous it will be to Nova Scotia to bring soe great a number of Protestants at one time and all in good circumstances, "for the last I sent away in the New England sloop I am convinced carryed 300l. ster. besides all necessaries" etc. Urges that the Board's Instructions may be sent to the Governors of New York and Pensilvania to insist on the 40s. a head on those that goe to settle there which will deter them from attempting it. Signed, Danl. Hintze. Endorsed, Recd. 22nd Sept., Read 6th Oct., 1730. Addressed. 2 pp. [C.O. 217, 5. ff. 220–221v.]
Sept. 15.
436. Lt. Governor Mathew to the Council of Trade and Plantations. Gives list of public papers of the Leeward Islands which he has sent to the several Agents, to be laid before the Board. Signed, Wm. Mathew. Endorsed, Recd. 10th Nov., Read 1st Dec., 1730. 2 pp. [C.O. 152, 18. ff. 143, 144.]
Sept. 15.
437. Duke of Newcastle to the Council of Trade and Plantations. Encloses following. Continues :—It is H.M. pleasure, that you forthwith prepare the draught of a proper order of evacuation etc. Signed, Holles Newcastle. Endorsed, Recd. 15th, Read 24th, Sept. 1730. 1 ½ pp. Enclosed,
437. i. Duplicate of Sept. 11th, encl. i. 1 p. [C.O. 28, 21. ff. 72, 73, 75v.]
Sept. 15.
438. Col. Dunbar, Surveyor of the Woods, to Mr. Popple. Is going to the new settlements, where he will remain till he bears from him. Is at present disabled from attending his duty in this Government, because Mr. Belcher has treated him in so extraordinary a manner, with incredible malice, and without provocation, except in revenge for what he wrote of him to England when it was first reported that he was appointed Governor. "It is said yt. my letters gave him some little trouble in London, and there he joyned with Mr. Waldo to do me all the ill offices they could. They found out that I had been somewhat concerned in the Corporation of the Mines Royal, and had endorsed some bills drawn by Mr. Kingsmill Eyre" etc. Accuses the Governor of plotting against him by means of these notes and an account with Mr. Atkinson, a Boston merchant, who had supplied the new settlements etc. The Governor has done nothing for the woods, but recommend their preservation to the General Courts. The setting out the 300,000 acres to be reserved for the Royal Navy before any grants be made, in Nova Scotia will take some years. Refers to Governor Philips' letter, received before he sent the two deputies as land surveyors thither and his reply. He had intended, in penetrating into the country by degrees, to reserve land bearing timber near water-carriage for H.M. use, for there are seldom any large tracts bearing such. But he will now await further orders on this point, as well as the Board's opinion on his request for a sloop and travelling charges. Continues :—I am this moment informed that the Shepscot proprietors are encouraged to go thither, and are goeing in great numbers and resolve to cutt down the mast swamp wch. I saved from them ye last winter; how can I prevent a number thus resolved, or if I had force or assistants, how can I get to the place? etc. If it should be H.M. pleasure not to confirm the claims, there will be a kind of warr between these pretended proprietors and those yt. will go to settle upon ye King's terms, for they will not quit ye possession they are now goeing to take, especially if that part of the country is to remain or be within this Government; and if H.M. should allow the claims, I am very sure the country will never be settled by them etc. These proprietors, now encouraged, say openly that they will part with their heart's blood before they will give the King one farthing quit-rent, if this does not prove the sentimts. of the people of this Province until their wings are clipt, I am much mistaken, and it is no difficult matter to humble them effectually, and I am persuaded it will be thought full time to begin with them, they have now, Sept. 17, againe refused fixing the sallary 80 to 4 in the House of Representatives against it etc. They say if their Charter should be taken away they must have a Council and Assembly and they never will consent to tax themselves to fix a sallary, so that it is plain they are not to be treated like any other of H.M. subjects. I was allways of opinion that they never will be made sensible of their duty until under another form of Governmt., and 2 or 3 regts. among them, and as they would occasion this expence I think a reasonable method might be proposed to make this country pay it. I would first propose that as there is a custome house here and all the sallarys payd from home, the Parliament might lay a duty upon all rum and molasses and brown sugar imported into the Masachusets Governmt. onely, and 10l. p.c. ad valorem upon all other goods imported, as in Ireland upon all things from England, even cloaths and wearing apparel, and they may deserve to be farther distinguished from H.M. better subjects in haveing some duty even upon salt imported for a few years, to make them the jest of their neighbours, and convince them how easily England could cramp them. At present all the Plantations have one advantage to the people in England, which is that there is a drawback allowed for all India and other goods exported, which pay a duty in Engld. and no duty is payd upon importing them in the Plantations, it does not seem unreasonable that either there should be no drawback, or pay a King's duty elsewhere. Some months agoe I gave my Lords Commissioners an acct. of the manufacturing iron here, and herewith I send the tools mentiond in my last, if by Act of Parliament all sea-coal was prohibited being imported into this country, and none to be water-carried, this would effectually stop all the slitting mills, nailerys and other works, wch. are now wrought with coals from Newcastle, and some brought from near ye French settlements in the bottom of ye bay of Fundy. As I was writing this Mr. Auchmuty, ye King's Advocate General, called to tell me that he was sent for by the Governour and Council, to give his opinion upon a most virulent case drawn up against five or six men for goeing on board a small scooner near Fredericks Fort and carrying her two leagues along shore, etc. They would fain make it piracy, but the Advocate laughs at it. I wish it may be sent to you, that My Lords may see what an inveteracy there is in these people agt. those at the New Settlement, who are over and over stigmatized with the name of Irish; the Advocate told me with concern that if I go to Fredericksfort the Governour and Council here will send a force to take it from me and bring me up a prisoner; I had this morning an opportunity of acquainting Collo. Philipps with it at Annapolis, and told him I apprehended it under his Governmt., and would obey any orders he would send thither. I have upon this occasion put into the Advocates hands H.M. Instructions to me, your last letter of 7th May, and the Representation from my Lords Commrs. of 14th May, 1729, in order to have his opinion how far I can resist such an attempt, at present I am resolved to try what they will doe and not be frighted or put off by words; if I could be justifyed in it, I am sure I could defend the place against this Governour and his best regiment; I am to have no notice of this intention against me, but to be surprized. I should think that they ought to caution me against goeing thither and give reasons for it, that I might not go thither. I intend not to meddle with any lands until I have farther instructions relateing to the claims etc. I send herewith one of the applications made to me immediately after my arrival here, onely to shew to my Lords how pressing people were with me to begin the new settlements etc. Asks for letters to be sent to him under cover to John Jekyl Esq., Collector, as they will come safer. Signed, David Dunbar. Endorsed, Recd. 19th Nov. 1730, Read 5th Jan. 1730/1 82/3 pp. Enclosed,
438. i. Petition of Robert Boyes and David Cargill to Col. Dunbar. Boston, 1st Oct., 1729. On behalf of 150 families desiring, upon his encouragement, to go and settle about Pemaquid, pray that the lands surrounding the old Fort may be laid out for them. Signed, Robert Boyes, D. Cargill. Endorsed, Recd. 19th Nov., 1730.
438. ii. Extract of letter from Governor Philipps to Col. Dunbar. 2nd Jan., 1729. In relation to grants for private settlements, "my hands have been tyed from the beginning not to be loosed till the survey of the whole country be made, whereby 11 years of my Governmt. has been already baulked, and 7 more will be in all probability, before that can be finished," etc. Continues :—In the setting out those thousands of acres to be lay'd aside for the use of the Royal Navy, unless regard be had to the places and harbours that are most fitt for settlements, this country of Nova Scotia may remain a wilderness to the world's end etc. Signed, R. Philipps. Copy. 1 p.
438. iii. Col. Dunbar to Governor Philipps. Boston, 11th Feb., 1729 (30). Reply to preceding. Hopes to wait on him in April. Quotes his Instructions, but does not think it was intended that the whole survey of the Province should be made previous to the making of any grants etc., but that as the Surveyors see what is fit to be reserved, he might make grants of what was not fit etc., ut supra. Signed, David Dunbar. Endorsed as No. 1. Copy. 2 pp.
438. iv. Col. Dunbar to Governor Belcher, 18th Aug., 1730. Since my being in this country I have met with much difficulty, opposition and affronts in ye execution of my duty according to H.M. Instructions to me, wch. have in publick Courts been exploded and sett at nought, but I hope now by your influence, and authority of your Commission to be freed from any such for ye future etc. Quotes from his Instructions, that he is to apply to Governors to endeavour to get acts passed for encouraging the encrease of naval stores etc., and, as the late act of Parliament for the preservation of the woods is still defective, suggests that it may be remedied here. Continues :—In my severall progresses through the woods in the provinces of New Hampshire and Maine I found great numbers of white pine mast trees cutt into logs and saw'd into lumber, notwithstanding some of 'em had been seized by my Deputys, marked with ye Kings mark, and tryed and condem'd for H.M. use. If the owners of such mills could have been discover'd they wod. have been prosecuted for ye penaltys in ye act etc., but neither my Deputys nor I could procure any information of the owners' names, but that mostly ye mills had several owners, each taking his turn to saw, and that any man that wod. draw logs thither might saw them leaveing a certain part for the owners etc. Among ye vast number of mast trees thus cutt into loggs I have observed many different marks upon ye logs to distinguish between ye owners. The difficulty in getting ye proof required in ye act of Parliament is insuperable, for tho' people are found in a mast swamp with axes in their hands, many trees cutt down, and even hearing them fall, yet ye Courts here do expect a proof for ye falling and cutting of each tree. I have had an instance of this in ye case of Ben Norris of New Hampshire now in prison at Portsmouth, who I could prosecute but for one tree, tho' there were several cutt down and there lying upon the ground, but he being seen only at work upon one tree I could prosecute him only for that, and even for that being convicted and the penalty decreed against him, he promised to pay it but instead thereof he made sham conveyances of his estate to defraud ye King and made it his election to go to prison. There is another abuse wch. merits consideration, an evidence for ye King was arrested at ye Court door with ye summons or citation in his pocket. I was obliged to pay the debt, or must have lost ye benefit of his evidence; in England any man with a subpœna or summons to any Courts is thereby protected going and directly returning home etc. Requests him to get acts passed to remove the said inconveniencies etc., and particularly that saw-mills be registered and logs marked etc. and to issue his Proclamation for the observance of the last act for the preservation of the woods, with a notice by Dunbar recalling his declaration of 2nd Dec. giving liberty for cutting white pine trees not fit for the King's service, he having been reprimanded by the Board of Trade for granting that indulgence. Also, according to his Instructions, recommends to H.E. that acts be passed and encouragement given for raising hemp and other naval stores, for the management of which he has particular directions, and will give them to be printed when required. Signed, David Dunbar. Endorsed, Read 19th Nov., 1730. Copy. 4 ½ pp.
438. v. Governor Belcher to Col. Dunbar. Boston, 20th Aug., 1730. Reply to preceding. Having just arrived and preparing to go o' Monday next for my other Government, puts me in great hurry, yet I should be glad to see you to-morrow morning, etc. No influence or authority of mine shall be wanting to protect and countenance you in your office etc. Signed, J. Belcher. Copy, 2/3 p. [C.O. 5, 872. ff. 1–11v.]
Sept. 16.
439. H.M. Warrant appointing John Hammerton Receiver General of H.M. Revenues in Carolina, during pleasure, on security given. Copy. [C.O. 324, 49. ff. 76–78.]
Sept. 17. Windsor.440. Order of King in Council. Approving draughts of Instructions for Governor Johnson. Signed, Temple Stanyan. 1 p. Enclosed,
440. i. H.M. Instructions for Governor Johnson. Windsor, 17th Sept., 1730.
440. ii. H.M. Instructions for Governor Johnson relating to Trade. Same date. [C.O. 5, 192. ff. 65–118, 121–148.]
Sept. 17.
Treasury Chambers.
441. Mr. Leheup to Mr. Popple. In reply to his memorial, the Lords of the Treasury are of opinion that when any repairs are wanting to your office application must continue to be made here. Signed, Peter Leheup. Endorsed, Recd. 17th, Read 29th Sept., 1730. 2/3 p. [C.O. 388, 79. No. 66.]
Sept. 17.
442. Francis Freelove to the Duke of Newcastle. Refers to letter of Sept. 5 under the name of Publicus, and is now ready to lay the scheme at his feet etc. Signed, Fran. Freelove. Addressed. 1 p. [C.O. 5, 4. No. 44.]
Sept. 17.
443. Order of King in Council. Approving draughts of Instructions to Governors and Col. Dunbar relating to H.M. granting to the informer his share of the penalties for destroying His woods etc. Signed, Temple Stanyan. Endorsed, Read 10th Nov., 1730. 1 ¼ pp. Annexed,
443. i. Additional Instructions as above. Signed, G. R. 26th Sept., 1730. [C.O. 323, 9. ff. 52, 52v., 53v.; and (without enclosure) 324, 36. pp. 235–238.]
Sept. 17.
444. Order of King in Council. Approving draughts of Instructions for Governor Johnson. Signed and endorsed as preceding. 1 p. [C.O. 5, 362. ff. 1, 6v.]
Sept. 19,
445. Governor Hunter to the Council of Trade and Plantations. I have the honour to inform your Lordships that whilst I was at Port Antonio on the North side of this Island busied in fitting out the partys to distroy or dislodge the slaves in rebellion who have settled and been so troublesome in that nighbourhood. On the 31st of August I reced. advice from the Commander of Fort Charles at Port Royal that a Spanish ship of war of 54 guns call'd the Genoesa had stranded on Pedro shoals ten or twelve leagues to the South of this Island with great treasure on board with the President of Panama and several other prisoners of State, and that two Assiento snows with another vessel were immediately dispatcht thither to save what they could of the ships crew and others on board. I by the same express with the approbation of Rear Admiral Stewart who was on the spott sent to the Commander of the fort at Port Royal the orders of which the inclosed is a copy. I wrote also to Mr. Pratter Factor to the South Sea Company to acquaint him with these orders and to some other Gentlemen and the Secretary to desire that any of the Gentlemen of the Council who were at hand might repair to Port Royal to give their assistance in the securing in the best manner they could all such treasure or effects from on board that wreck, in case any such should be brought thither in my absence which would be but short, the Admiral resolving to go round with me as soon as he could gett his ship ready, the floods making it impossible for me to go by land. On Munday 14th of this month we arrived at Port Royal, on Wednesday I mett the Council at Spanish Town, I lay'd before them all orders and letters of correspondence relating to that wreck. They took time till next day to agree upon their advice upon the whole, of which your Lordships has also inclos'd a copy, one of their number, the Attorney General had as I had desir'd been with the Capt. of the Fort saw and read his orders and all other papers relating to that affair which were in his possession, and all or any of them might have done the same. As there is no treasure of any kind as yet lodg'd in the Fort and the Admiral having sent ships of war to guard the wreck and assist Don Guerall the Capt. of her in weighing or fishing up what they can of the Treasure on board of her, your Lordships may depend upon my doing whatsoever is in my power for his assistance or to prevent depredations or embazillments as he shall advise or require of me. I think it is also necessary that your Lordships be inform'd that upon the return of the Assiento snows with about 240 of the Spanish crew they were stopt at Port Royal till search'd by the Lord Muskery Capt. of one of H.M. ships in that harbour and then let pass. The President of Panama the Escrivan and about fourteen more being upon a raft it was by some means cut loose, went adrift and without a miracle they must be lost, having had no account of them since. This accident happen'd before the South Sea snows got to the wreck. The second Capt. of the Genoesa Don Francisco Lehays so soon as the ship struck upon the shoals was ordered in a boat with some of the crew to sound the depth of water but finding that it was impossible that the said ship could be sav'd steer'd their course for the land with those he had on board to the number of eighteen and on the 27th he landed to the westward of this Island at a place call'd Black River and was conducted to the chief Magestrate in those parts Col. Cambell to whom he apply'd for assistance and there being at that time a sloop commanded by one Ware lying at Black River the Col. consented she should go with the said Captain to the assistance of those who were left in the ship, but when they came to the wreck they found all the people had been taken off by the South Sea vessels and were gone from thence, but the sloop remain'd three days and fish'd up a great deal of treasure. The third day while they were at work upon her they spy'd H.M.S. Experiment whom Admiral Stewart had sent to guard the wreck from being rob'd and plunder'd. The said second Captain with some others came on board the Experiment that night and desir'd Captain Redish's aid and assistance with some provisions and men which he readily promis'd should be sent them in the morning early, but when daylight appear'd the sloop was gone. The Experiment follow'd her to the westward believing she had steer'd that course but not coming up with her and Capt. Redish finding the Experiment leaky and otherwise in a bad condition to keep the sea he return'd directly to Port Royal, upon which H.M. sloop Tryall was sent as a guard to the wreck, and since she sail'd we have had no further accounts. It is generally believ'd that this sloop is gone to Cuba and I am affraid before the Tryall could retch the wreck, other vessels may have been upon her a plundering, but of this no certain information as yet. Signed, Ro. Hunter. Endorsed, Recd. 9th, Read 26th Nov., 1730. 5 ½ pp. Enclosed,
445. i. Governor Hunter's orders to Capt. Dalrymple to take into his custody all treasure etc. brought from the Genoesa etc. Port Antonio. 31st Aug. Signed, Ro. Hunter. Endorsed, Recd. 9th Nov., 1730. Copy. 3 pp.
445. ii. Opinion of the Council of Jamaica that as the Captain of the Genoesa has applied to the Assiento Factors and Admiral Stewart for aid in the matter of the treasure in the wreck, the Governor need not intermeddle further in that affair, until application be made to him. Same endorsement. Copy. 1 p. [C.O. 137, 18. ff. 120–122v., 123v.–126, 127v.]
Sept. 19.
446. Governor Hunter to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, Ro. Hunter. Endorsed R. 9th Nov. 4 ¾ pp. Enclosed,
446. i., ii. Duplicates of preceding enclosures. [C.O. 137, 53. ff. 249–251, 252v.–253v., 255.]
Sept. 19.447. Governor Hunter to Charles Delafaye. It is now almost three months since I have recciv'd any letters from his Grace or from you. Repeats story of the Genoesa as in preceding covering letter. Signed, Ro. Hunter. Endorsed, R. Nov. 15. Duplicate. 6 ¼ pp. [C.O. 137, 47. No. 17.]
Sept. 20.
448. Memorial of loss sustained by William Pugsley of London and others, owners of the Loyal galley, W. Pugsley master, taken by a Spanish privateer in the Mediterranean on a voyage from Newfoundland, via London, with fish. Signed and sworn by, William Pugsley. Endorsed, Recd. 13th Nov., 1730. 2 pp. Enclosed,
448. i. Copy of bill of sale of Loyal galley to Wm. Pugsley, 26th April, 1715. 2 pp.
448. ii., iii. Memorial and estimate of loss by Wm. Pugsley. Copies. 3 ½ pp. [C.O. 388, 92. Nos. 4, 4 i–iii.]