America and West Indies
November 1730, 11-20

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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340-357

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'America and West Indies: November 1730, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 340-357. URL: http://www.british-history.ac.uk/report.aspx?compid=72536 Date accessed: 24 November 2014.


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November 1730, 11-20

Nov. 11.
Whitehall.
528. Council of Trade and Plantations to the Duke of Newcastle. Your Grace will perceive by the inclosed copies of a letter from Col. Dunbar to our Secretary, 6th Oct., and of a letter from him to his brother, who has attended us upon this occasion, that Mr. Belcher is preparing for a military expedition agt. Frederick's Fort commonly called the Fort of Pemaquid, where Colo. Dunbar has settled several Irish Protestants, upon certain lands, to which no private persons have hitherto, set up any claim; But ye people of ye Massachusets Bay do claim a right of government over this tract of land, by virtue of a certain clause in their Charter, and altho' they have not nor do not pretend to have a right of granting any land there, without H.M. permission, yet they think they shall be justifyed in removing H.M. subjects now settled there by force of arms, which in our humble opinion, would be a most unjustifyable attempt. The Sollicitor of the Treasury is now preparing a case, to lay before ye Attorney and Sollr. General, for their opinion upon the pretended right of ye Massachusets Bay to this tract of land wch. extends from ye River Kennebeck to that of St. Croix no less than 150 miles in length, and is one of the best countries belonging to H.M. on the Continent of America. We shall not pretend to divine what may be the opinion of the Attorney and Sollr. Genl. upon this claim; But we know the people of the Massachusets Bay have not only neglected to defend this country but have frequently refused to repair ye fortifications there; and it has actually been conquer'd by ye French, since ye date of their Charter; who took possession of ye fort in question, which Collo. Dunbar has lately repair'd as a defence agt. ye Indians: and which wee are informed the people of the Massachusets Bay now intend to possess themselves of, by force of arms. But as the consequence of this attempt may prove fatal to many of H.M. good subjects, wee must desire yor. Grace would be pleased, without loss of time, to apply to H.M. for an order, directing Mr. Belcher to abstain from military execution and to stop all proceedings of any kind in that affair, till ye right shall be determin'd, and H.M. further pleasure signify'd thereupon. [C.O. 5, 916. pp. 393B, 394.]
Nov. 12.
St. James's.
529. Order of King in Council. Ordering, in accordance with preceding Representation, the Governor of Massachusets Bay to stop proceedings etc. Signed, Ja. Vernon. Endorsed, Recd., Read 2nd Dec, 1730. Mem. A duplicate of this order was read, 19th Nov., and sent to Col. Dunbar etc. 1¼ pp. [C.O. 5, 871. ff. 230, 230v., 231v.]
Nov. 12.
St. James's.
530. Order of King in Council. The Attorney General of Jamaica is to file a bill to compel John Potter late Naval Officer there, to come to an account and pay the balance due from him etc. Set out, A.P.C. III. pp. 296, 297. Signed, Ja. Vernon. Endorsed, Recd., Read 2nd Dec, 1730. 1 p. [C.O. 137, 18. ff. 128, 128v., 129v.]
Nov. 12.531. Memorial of loss and damage (608l. 9s. 2d. sterl.) sustained by Messrs. Gibbs, Lewen and Potter of London, merchts., for goods consigned by them to Boston in the ship Anne (v. 6th Aug.). Deposition, signed, Cha. Lewen. Endorsed, Recd. 27th Nov., 1730. 2 pp. Enclosed,
531. i.–iii. Invoice and bill of lading of above goods. 4 pp. [C.O. 388, 91. Nos. 28, 28 i–iii.]
Nov. 13.
Whitehall.
532. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their opinion, "particularly as to the alterations made in France to the order for evacuating St. Lucia, that that affair may be dispatched without further loss of time." Signed, Holles Newcastle. Endorsed, Recd. 13th, Read 17th Nov., 1730. 1 p. Enclosed,
532. i. Lord Waldegrave to the Duke of Newcastle. Paris, 16th Nov. (N.S.), 1730. The day after I dispatched Avison to Calais, by whom I acknowledged the receipt of your Grace's letter of the 19th past O.S., relating to the islands of Sta. Lucia etc., the Garde des Sceaux put into my hands the three inclosed papers etc. Your Grace will be pleased to observe that in the French draught there is a clause, that no ships of either Nation should anchor there during the evacuation, unless they should be obliged to it in order to take in wood and water, tho' not under the penalty of confiscation, which was inserted in Monsr. Chauvelin's Memorial to me (v. 22nd Oct.); but as you had acquainted me that this memorial was referred to the Board of Trade, and that upon their report I should receive H.M. further commands, and as I found the French order for Monsr. Champigny in other respects agreed with that transmitted to me in your Grace's letter of the 28th Sept., I did not enter into any discourse with the Garde des Sceaux upon the contents of these papers, nor shall take any notice again of this matter until I hear further from your Grace. Signed, Waldegrave. Copy. 1½ pp.
532. ii. Draft of French Order for evacuating Sta. Lucia, presented to Lord Waldegrave by the Garde des Sceaux, 11th Nov., 1730 (v. preceding).
M. le Marquis de Champigny. The English have for some years made pretentions to the Island of Ste. Alousie, which belongs to me, and over which I have incontestable rights; they have made the same pretentions to the islands of St. Vincent and Dominico which belong to the native Caribs of the country according to the Treaty of 31 March, 1660, and in the possession of which it is my intention to keep them. I have however agreed with the Court of England, that until the claims to these islands are determined, they shall be evacuated by both nations, and I send you this letter in order to tell you that my intention is that you make known to those of my subjects who shall have established themselves on any of those islands, that they have to quit them in the space of 30 days counting from the day of publication of your orders in each of the said islands. My intention is at the same time that you do not execute the contents of this letter until the English Governor of Barbados has received similar orders from the Court of England and conjointly with you puts them into execution without any exception. You will take care that everything is punctually executed and that foreign vessels do not visit these islands except in cases of need for wood and water. You will take the measures necessary that the vessels of my subjects do not visit them either, except for the same needs, and you will render me an account of all that is done by way of executing this dispatch, and of the orders ot the English Court to the Governor of Barbados etc. Copy. French. 1½ pp.
532. iii. Remarks upon the draft of an order by the Court of England for the evacuation of Sta. Lucia, St. Vincent and Dominica. It is suggested by this draft, that the French have for some years laid claim to the islands of St. Vincent and Dominica. The King has never claimed that these two islands belong to him. He knows that the native Caribs of the country are its possessors, and that the propriety belongs to them; he has had no intention of despoiling them, and has always explained, that he would protect them to maintain them in it. It is incorrect therefore to imagine that His Majesty makes any pretentions to these two islands. His Majesty has requested, that in giving orders for the evacuation of these three islands it should be forbidden to vessels to anchor except for necessity of wood and water, under penalty of confiscation. It does not appear that England has made any decision upon this point; it is however one which is necessary to prevent all complaints, and to ensure that the evacuation particularly at Ste. Alousie shall be made in good faith. It has been thought right to make mention of it in H.M. order, and it is hoped that the same thing will be added to those of the King of England. Copy. French. 1 p.
532. iv, French claims to Sta. Cruz and Tobago delivered to Lord Waldegrave by M. le Garde des Sceaux, 11th Nov., 1730. His Majesty had requested the English to give orders for the evacuation of Sta. Cruz, to which England has no claim, that they should be forbidden to establish themselves at Tobago, and to continue the illegal trade which they carry on, supported even by ships of war, at Martinique, Guadeloupe and in the French part of St. Domingo. It does not appear that England has made any reply to these just demands etc. Copy. French. ½ p. Nos. i–iv endorsed, Recd. 13th Nov. 1730. [C.O. 253, 1. Nos. 59, 59 i–iv; and 28, 21. ff. 120, 121v.–125, 126v., 127v.]
Nov. 17.
Fredericks-
fort.
533. Lt. Governor Dunbar to Mr. Popple. Upon the 25th of last month I sailed from Boston and landed here on the 30th. I inclosed to my brother for my Lords Commissioners for Trade an account of some passages between the Governour and me wch. related to this place etc. (v. 7th Oct.). Continues:—I told you in my former letters how the people who call themselves proprietors of lands on this side Kennebeck, would not wait H.M. determination upon their claims, but had sent to Sheepscott to take possession, they are now there and have cutt a great number of mast trees into logs and building a block house with them, notwithstanding the publique caution I gave them upon the 19th of last month etc., that I reserved the lands whereon those pines grew, as part of the number of acres in my Instructions for the use of the Royal Navy. I intend to libell the partys concerned, in the Court of Admiralty at Boston and Nova Scotia, because tho' it be within the Governmt. of the latter it is impracticable to prosecute it there and if not cognizable at Boston will however be sound saveing to me and as to the not elapsing of the 6 months time required by the act, wch. indeed is very little regarded anywhere, I formerly heard, but am now convinced that Judge Byfield of the Admiralty at Boston is concerned and partner with Doctor Cook in saw mills on Saco river near Casco, how then can any fear that transgresses no farther than his Judge; the decrees and appeals that I sent you I hope will demonstrate this; I intend soon to go up the several rivers between this and Boston haveing hired a small vessel for that service, wch. must otherwayse be undone, the undertaker for the mast contract lyes in my way, about whose mills and proceedings I have yet heard nothing from my Lords Commissioners of the Admiralty. Soon after my arrival here I was visitted by some of the Indians from the 2 strong tribes of Norridgwack 120 miles up Kennebeck River, and from Penobscot, each told me that endeavours are used to turn them against me and this Eastern Settlement. Upon the 2nd inst. I had notice that Leit. Govr. Tailer of the Masachusets with a Committee of that Council and Assembly were at Arrowzick in Kennebeck, appointed to view the fortifications (as they call them) wch. are only truck houses to trade with the Indians, there are two in that river; at Arrowzick those gentlemen were pleased to threaten what they would do to me and this fort, ye same which I have already acquainted you Govr. Belcher sayd to me in the hearing of the King's Advocate Genll., and two days after an Indian of note came to me from Richmond (one of the said two truck houses) and told me that Govr. Tailer and others told the Indians there, that we were not the King's subjects, but Irishmen come hither without any authority, and endeavoured to turn the Indians against us, but they would not be persuaded, for the New England men never used them well; some of the Penobscot Indians have been here, and seemed very cool to us, I find it will be quite impracticable to attempt any settlements there, especially after the alarm they have had that they are to be dispossessd of their country, however I have (in obedience to H.M. commands to endeavour that settlement) hired a scooner to go to Penobscot, and have write to a halfe Indian, half French Baron there whose name is Gasteine, to invite him and a Scotch Jesuit and some of the chief Indians to come to see me. I make no doubt of their comeing upon my letter, because Gastein was as far as George's, comeing hither, until he was there informed that I should use him ill, and take anything he had from him; this man has great influence among the Indians, and loves the Indians as much as he hates the Masachusets people, who once treacherously invited him on board one of their tradeing vessels at Penobscot and carried him a prisoner to Boston and there kept him a long time, where he would have perished in goal if he had not been relieved and cloathed by Capt. Nelson, who knew his father, and assures me he was really a frenchman of quallity, forced to fly France for killing a gentleman, and went to Cannada, and being there pursued by the King's order, he took refuge among the Indians and married one, by whom he left several children. Capt. Nelson has given me a handsome letter to him etc. I told you in one of my former that the Penobscot tribe offered to trust me with 3 or 4 of their young Segamores, to be sent to see the Court of England, since which I have received a message from a younger brother of Gasteine etc., that he desires to be one, provided that a gentleman etc., who is frequently among them and was a Captain in the New England service in the last war with the Indians, be allowed to bear them company. If H.M. would allow of an expence for this, it may be the most probable means to gain their consent and friendship. Young Gasteen speaks French, and has had some education at Cannada. I hope in my next, wch. may be in January from Boston to give my Lords some pleaseing account of my interview wth. these gentry. Governor Tailer and the Committee passed in sight of this Fort to Georges, where they have another trucke house, but call it a fort, a little spot inclosed wth. stockades, at the expence of private people to carry on a trade with the Indians, wch. they being unable to support, gave it up to the Masachusets Governmt., and is all they yet have to the eastward of Kennebeck River; As for their pretence to Indian purchases, one Capt. Nathanael, an Indian, who is a very senceible man and was a great Capt. in their warrs has lately told me that the Indian who pretended to sell Georges was onely chief of a tribe, and had no more power to sell that place or any land, than the Governour of Boston has to sell the whole Province, he says it is the received opinion of every Indian that by nature, each has an interest in every individual spot of ground, and that it is unalienable, but they agree for peace and order sake among themselves, to have certain rivers, ponds and tracts of land for their particular fishing and hunting; Capt. Nathanael brought me a compliment from an Irish Jesuit who knew me in Spaine, and is now the priest of the Narridgewack tribe, and promises to visit me, and that no interest can make those Indians give me any disturbance.
Upon the 12th instant Governour Tailer with his Comittee came into this harbour etc. I wrote to him etc. as follows:— Fredericksfort Nov. 12, 1730. Presuming you have heard what passed between your Governour and me at Boston relating to this place etc., I desire to know upon what account you are come hither; what passes upon this occasion must be in writing etc.; in the mean time I desire that no man with you approaches this fort etc. Signed, David Dunbar.
The answer. Lt. Governor Tailer of Col. Dunbar. Sloop Endeavour, lying in Pemaquid harbour. Nov. 12th. H.E. Governour Belcher etc. having directed and impowered me with other gentlemen to view this place and harbour, and note the circumstances and regulation of the inhabitants, and upon discovering of any fort or garrison here with the King's flagg flying to enquire who commands, and by what authority such fort or garrison was erected and is maintained. Pursuant therefore to such directions, these are to desire that you would acquaint us thereof, etc.
Col. Dunbar to Lt. Govr. Tailer. Nov. 12th. Reply to preceding. I do not find by your letter that Governor Belcher had made you acquainted with what passed between him and me, but it is his usual custome, haveing lately done the like upon my application to him, for an act to have the saw mills registerd, wch. he did not communicate to the House tho' I was sent to, to attend upon it. The first time I waited on him was only to congratulate him upon his arrival, the next time discourseing him upon the new settlemts., I offered to shew him H.M. powers and instructions to me relating to them wch. he declined to see; about 2 months after I made him the like offer in the presence of the King's Advocate Genll., and he refused it saying, That the King's Instructions were not laws, and signifyed nothing, for that H.M. ought to have had an act of Parliament to impower him to give such instructions etc; that the King had not one acre of land to the westward of St. St. Croix, but all belonged to the Masachusets Government, and that some Members in their Genll. Court were so sanguine as to propose to send 500 men to Pemaquid (for he knew it by no other name) to take the fort, bring all people away prisoners, and raze it levell with the ground. My answer was, that the King's Instructions would always justifye me, and I would obey them, and would be glad to see the man that dare oppose me; that such a declaration as Governr. Belcher made about Instructions, was very extraordinary from a King's Governour; and that as to those sanguine members who proposed sending down 500 men, if they could come with three times the number, not one man of them should dare to touch the least stone in the wall; as for his knowing Pemaquid by no other name, it was no matter, I called it Fredericksberg, and H.M. by the Lords Commissioners for Trade and Plantations were pleased to comand me to give English names with English terminations to all the new settlements and therefore to change the name of Fredericksberg to Frederickstown or Fort, and I made choice of the latter; I am now in the Fort and will defend it against any attack, until I receive H.M. orders to give it up, or some of his troops arrive from Annapolis to take possession of it, in the meantime I shall treat any people as enemys to the King, who shall offer to attack it etc. As to the present pretence to this place, some of the Gentlemen who came to claime it, should view it wth. shame and confusion, who have been the occasion of its haveing layne so long in rubbish, and one (fn. 1) of the said sanguine men amongst you who proposed levelling this fort, is thought to be the chief impediment to the rebuilding it many years agoe; His being amongst you prevents my entertaining the rest of the Gentlemen as I willingly would. I avoyd conversing where he is that there might be no quarrel or dispute between us. I had expected that if your Governmt. had any pretentions to the eastward of Kennebeck River some notice would have been taken of my advertizement in the Boston Gazette of ye 19th of October last; that was in pursuance of H.M. Instructions which shall allways be sacred to me, tho' they be lightly esteemed elsewhere etc. Has represented all this at Court. Continues:—The flag flying in this fort belongs to H.M. King George, and as for the rest of your questions, they are onely proper to be asked by the Governour of Nova Scotia. When I return to your Government which I propose by Chrismas I have a complaint to make for endeavours used at your truckhouses to make a difference between the Indians and the people makeing these new settlements. I can sufficiently prove it etc. Signed, David Dunbar.
Continues:—Nothing more passed between us, the Gentlemen landed and walked about the towne and I before the gate of the Fort, at 2 next morning they sailed away etc. In accordance with Mr. Popple's letter of 7th May, he thinks it his duty to keep possession of the fort. Continues:—This moment the vessel by wch. I intended sending this to Boston is under sail so I must wait another oppertunity.
Nov. 18th. Capt. Francis Xavier and Majr. Moxus two of the Penobscot Indians came to me from Espiguet their Leiut. Governour, and a great number of them, then at Madumgoog 5 leagues off, to desire I would appoint a time to see them, I appointed the 20th, and they telling me there were 150 of them, I desired that onely 10 of the chiefs would come. The same afternoon Capt. Hanquid, a great Commander amongst them, and who claimed this part of ye country, came with one Peter who speaks English etc., to see me, and stayed until the 20th, when Espiguet, Collo. Cæsar Moxus, Capt. Loron and others to the number of 30 came to the fort, and I entertaind them at my own table, with which they were much pleased, but the two Chiefs seeming reserved, I was told they were enjoynd by Collo. Tailer not to talk to me more than to demand of me what busyness I had here, which they did with much seriousness. I answered that I was directed by King George to settle some of his subjects in this country; they replyed, that they were informed I had no power nor orders, whereupon I produced and shewed them H.M. name and hand and seal to my instructions commanding me to send for them and tell them that the King had ordered me to live in friendship with them and allways to use them kindly and to encourage intermarriages between them and us; I reduced all that I sayd to them, to writeing, that there might be no mistake, for they [are] apt to claim promises upon ye least grounds. I signed my name to it, and tho' we understood each other very perfectly by the help of Peter before-mentiond, I wrote to Capt. Gyles, the interpreter at Georges to explain it to them etc. (v. enclosures). They seemed exceedingly pleased at all that passed between us, and sayd Governour Tailer told them lyes, that they saw the King's hand and were satisfyed, and King George was welcome, and I was welcome, they asked for wine and when they tasted it, would drink nothing else until they made an end of my small stock, they sung and danced and often drank the King's health, they retired in the evening to houses appointed for them, and were entertaind next day as before, at parting I gave rum and provisions to each of them, and to testifye their content, they sung and danced at the gate of the fort, and desired I would honour them with guns at parting, wch. I did twice, three at a time, for they went away in two partys, they sayd in 6 or 7 moons they would come to see me againe, and the Chiefs of them joynd in sending and presenting me with a black bever skinn. They told me they were made to believe yt. I resolved sitting down (as they called it) at Penobscot, but did not believe it for they would suffer no settlement there, and were very strong, besides another strong tribe at St. Johns not far from them. Major Peter, the interpreter (most of them take titles) told me privately that in a little time when the Indians would be better acquainted, and would not hinder settlemts. anywhere, and they were all glad I was come for they hated the New England men etc. Nov. 26th, several Indians came who told me they had no busyness etc., only desired to see me, and all take it as a favour and mark of friendship to have that liberty. I allways receive them with freedome wch. wins them much, these complained to me yt. Govr. Tailer and the Gentlemen wth. him at Georges onely spoke and made presents to two of their tribe wch. affronted all the rest, they are a dirty nauseous people, and I am almost sick of them. It is now the 30th of November; upon the 28th 3 vessels arrived here from Annapolis laden partly with wheat, pease, beef and pork the produce of the French settlemts. in the bottome of the Bay of Fundy, at Minas and other places, they are bound 2 to Boston, and one to York in the Province of Maine, they are full of complaints wch. they will soon send to my Lords Commissioners for Trade and Plantations, it is not for me to mention any of the particulars, tho' really their Ldsps. ought to be made acquainted with it, and least it may be ill taken of me to conceal any thing that concerns the publique, I take the liberty to mention the heads of their complaint, vizt., That the tradeing vessels in the Bay of Fundy are compelled to put into Annapolis to clear out for Boston and that great part of their ladeing is there taken out and for little more than halfe vallue, the 3 masters compute that they are, between them 200l. loosers this year, besides many other tradeing vessels, and the pretence is to supply the garrison, wch. is victualled from Boston by a contract from England, whereas they might have fresh provisions much cheaper, if they would send to the French settlements, who now supply Cape Britton wth. corn and live cattle sent across to the other side of the Bay of Fundy, wch. is a very narrow land carriage, and there the French of Cape Britton take it in, it would be easy to prevent that trade with them, and if so, and they had no liberty of makeing fish in the neighbourhood of Canso, would much distress them; in some of my former letters I mentioned the growing strength of that place, there is one battery of 100 cannon, and whenever ye French have any designe upon the English settlemts., their ships and privetiers will be as secure there as at Toulon, it is incredible what vast expense they are at upon that barren island, and I am very well informed that the French at Quebeck and Mountreal, have fortifications and settlemts. on the east side of Cannada River, wch. ought to be the bounds between the English and them, the Indians here are so much influenced by the French at Cannada, that their choice of Governours here must be approved by the French Govr., wch. is excerciseing a jurisdiction that some time or other may give 'em pretensions. I sent you a copy of a letter I wrote to Governour Philips pursuant of H.M. Instructions to me for applying to him for directions and assistance, and tho' he knew that the 3 vessels now here, intended to touch in here, he has not been pleased so much as to own the receipt of my letter, thus I might be served if all our lives depended upon him; the people are wearied out wth. expectations and watching and guarding here, many of the first comers are gone away discouraged, and those here being impatient to have lands assignd them wch. they might improve for themselves. I am forced to give ten acres to each man of red oak woodland near the Fort, wth. wch. they are much pleased, and willing to stay, otherwise not one man would remaine, the lands I have assignd is under no claim, nor was ever cleared.
The Irish Protestants who first petitioned H.M. for settlemts. to the eastward of Kennebeck river have been very importunate for lands. If I declard to them my power and how I am limitted, it would at once put an end to all proceedings here, to assign them lands is without power and against orders. I am putting them off wth. promises in hopes of letters from England by way of Boston from whence no vessel has arrived for 3 weeks past, so uncertain is the weather upon these coasts; If I do not suddainly receive directions relateing to these parts, it is impossible but I must abandon it, wch. would be matter of tryumph to the New England people, and mortification enough to me, wch. at present I do not stand in need of; the place where these people would settle is 15 miles up on the east side of Damariscotty river, whose intrance is within one league of this fort. I have not heard that anybody has claimd it except it be included in many tracts claimd by one Mr. Toppan, an Independant preacher who claims not less than four hundred thousand acres, and tho' at first he seemed pleased at my telling him he might have as much as he would of any part of it, upon the King's terms, I am now told he is goeing to England with a purse to joyn Mr. Waldo's sollicitation; One Brown a great pretended proprietor here, lately told me that the Muscougus Company (as they call themselves) who claim under him, when they applyed to him to purchase a large tract, he ownd to them, that altho' the lands they wanted to purchase were generally sayd to belong to him, he had no sort of title to them, they replyed it was noe matter, they would give him twenty pounds Boston mony to perfect a deed to them, and he being very poor, onely a broom maker, he accepted thereof, and this title now claims near 300,000 acres; several others are not better grounded. I hope 'ere this that my brother has had the honour to appear before my Lords Commissioners, and that ye last resolutions are taken relateing to these parts. The copy of Governour Philips's Instructions wch. is annexd to mine, refers to the Instructions sent to ye Govr. of Virginia wch. were not sent me, nor, in my humble opinion, can any of those instructions relate to me (as I have not so much as the power of a constable) except what mentions the Indians and fishermen; it was in pursuance thereof that I sayd what I have to the Indians, and if I am to go on, I presume presents will be sent me for them, tho' what they would like best would be some blankets, provisions, powder and shot for their hunting. I have given them as far as my ability, and as I had no orders for it, it is in the breast of my superiors whether I am to be refunded, as well as my expences in building this fort, which is not much, if the settlement goes on, it must be inlarged and built with lime, and guns sent to it. I will never mention more of it until I receive farther orders, but this that I am sure if it goes on and is encouraged, the first years quit rent, wch. will be due the 4th year, will be not so little as one million of acres, wch. will make upwards of 4000l. sterl., and wch. will be much a greater acknowledgment than the Crown has for all the rest of the Continent etc. The 30th article of Governour Philips instruction, directing that no settlements be made but what shall be 200 yards distance from the sea-coast, for the conveniency of the Fishery, will lay such inconveniencys upon sea-port towns as will greatly discourage buildings, particularly here wch. will be the properest scituation for the Metropolis, there are innumerable small islands all along this coast, and there may be fishing flakes upon them besides conveniencys sufficient contiguous to each seaport, and to ye full content of the fishermen, without depriveing the towns of the benefitt of the water, and annoying the inhabitants wth. the smell of the fish, nor would the fishermen desire to be near a crowd of people, but at places apart by themselves; if my Lords are pleased with these reasons, they will send me orders accordingly. Dec. 2nd. Yesterday by a vessel from Boston I received several English letters, but none from any of the Offices. However some of the letters give me ye pleasure to tell me that the New England claims are not to be allowd. I wish the certainty could be now declard, for usefull time is spending in vain, and many impatient expectants; then it may be hoped that this part may be settled, but I will presume to say it never will under the present restrictions, as depending upon Annapolis and Canso for Governmt., or titles to lands. I do not insist soe much upon this out of private views to myselfe, for I should be humbly contented that anybody was in my stead that would leave me as I was the day I imbarqued from England. I hope this will give no offence for none of H.M. servants can be more willing than I am to obey his commands. If my Lords Commissioners can have patience to hear this long narrative, pray lay it before them, with my duty. Signed, David Dunbar. Endorsed, Recd., Read 10th Feb., 1730/1. Addressed. Holograph. 14½ pp. Enclosed,
533. i. A record of Col. Dunbar's Conference with the Penobscot Indians. Fredericksfort, Nov. 20th, 1730. As described above. Adds: I have ordered, that every white man being one of H.M. subjects who shall marry an Indian woman, and every white woman who shall marry an Indian man, shall receive 10l. sterl., besides other advantages etc. I promised that they shall never be molested in their hunting, travels or fishing, nor at any time wronged or imposed upon in their trade or truck of their furs etc. The claims of the Government of the Masachusets Bay to the lands and Government as far as St. Croix or Pasmaquoddy, had delayed my settlement and ability to trade with or give them presents, but in 6 months that matter would be made plain to them etc. Signed, David Dunbar. 2 pp.
533. ii. Col. Dunbar to Capt. John Gyles at the Truck House at Georges. Fredericksfort, Nov. 20, 1730. Expresses surprise at the false stories he, Col. Tailer, and others have told the Indians about his settlement etc. Hopes those who directed the Indians to ask what business he had there will be called to account. Requests him to explain paper (p. 348) to the Indians etc. Signed, David Dunbar. Holograph. 1 p. [C.O. 217, 6. ff. 1–10, 11–12v. (with abstract).]
Nov. 18.
St. James's.
534. Order of King in Council. Appointing Henry Harrison to the Council of Virginia, in the room of Mr. Beverley decd. Signed, Ja. Vernon. Endorsed, Recd., Read 2nd Dec, 1730. 1 p. [C.O. 5, 1322. ff. 87, 88v.]
Nov. 18.
Whitehall.
535. Mr. Popple to Mr. Fane. Encloses copies of Charter of Connecticut, and petitions of the Agents of the Colony and of Mr. Winthrop, "whereby you will see that the Colony desires the confirmation of their titles according to a law there, lately declar'd null and void here. My Lords desire your opinion etc., whether the King can, by virtue of his Prerogative, and without the assistance of Parliament, gratify the said Colony in their request." [C.O. 5, 1294. p. 23.]
Nov. 18.
St. James's.
536. Order of King in Council. Referring a representation of the Council of Trade proposing John Ashley for the Council of Barbados, and a letter from Governor Worsley against his being appointed, to the Committee of the Privy Council to examine and report thereon etc. Signed, Jas. Vernon. Endorsed, Recd., Read 2nd Dec, 1730. ¾ p. [C.O. 28, 21. ff. 146, 147v.]
Nov. 19.
Antigua.
537. Lt. General Mathew to the Council of Trade and Plantations. I send herewith to Mr. Beak to be deliverd to your Lordships a list of negroes imported into St. Christophers, 25th Dec., 1726—25th Sept., 1730; Treasurer of St. Christophers accounts, Christmas, 1722—Midsummer, 1730; and 15 Naval Officer's Quarterly lists of all vessells trading to and from St. Christophers, 25th Dec, 1726—25th Sept., 1730, mentioning their ladings. I send to Mr. Yeamans to deliver, the duplicate of the act of Antigua for payment for slaves executed etc. Mr. Butler, the Agent for Nevis, will attend your Lordships with the Naval Officers lists of all vessells trading to and from Nevis and their lading, 25th June, 1720–1729. And Mr. Soulegrc in behalf of Messrs. Lyndesay will lay before your Lordships the duplicate law of Montserat for naturalizing John Lyndesay etc. Signed, William Mathew. Endorsed, Recd 8th March, 1730/1, Read 25th July, 1733. Holograph. 1 p. Enclosed,
537. i. Treasurer's accounts, St. Kitts, as above. Total receipts, 27,205l. 8s. 11d. Payments; 29,216l. 5s. 11½d. Signed, Drewry Ottley, Treasr. Endorsed as preceding. 2 large pp.
537. ii. List of negroes imported into St. Kitts from Africa as above. Total, 4758. Same endorsement. 1 p. [C.O. 152, 19. ff. 169, 174v.–176, 177, 178v.]
Nov. 19.
Whitehall.
538. Mr. Popple to Mr. Carkesse. Encloses act of Virginia for amending the staple of tobacco and for preventing frauds on H.M. Customs, for the opinion of the Commissioners of Customs thereupon. [C.O. 5, 1366. p. 55.]
Nov. 19.
St. James's.
539. H.M. Warrant appointing Henry Harrison to the Council of Virginia in the room of Peter Beverley decd. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 245.]
Nov. 19.
Whitehall.
540. Mr. Popple to Col. Dunbar. I have by order of my Lords Commissioners prepared a long answer to all yor. letters not already answer'd, which they intend very shortly to take into their consideration. But as the inclosed Order to Mr. Belcher [v. 12th Nov.] forbidding him to proceed against the fort at Pemaquid etc. is of such a nature that no time ought to be lost in the transmitting of it to you, I am commanded to forward the same by this oppertunity. My Lords hope that you will very shortly receive H.M. further orders upon the claim of the Massachusets Bay to the land to the eastward of ye River Kennebeck etc. [C.O. 5, 916. p. 395.]
Nov. 19. Antigua.541. Lt. General Mathew to the Duke of Newcastle. Refers to letter of 13th Aug. Continues:—The Governor [of Puerto Rico] very strictly adheres to his resolution. An English snow from Ireland bound to Jamaica touch'd in her way at Antego, and thence pursuing her voyage was taken off of Saba by a Spanish privateer, whose Capt. had a commission from the Governor of Puerto Rico. The snow was loaden with provisions and one Benson was master of her. This capture was made the beginning of October last. On board the Spaniard Benson saw an Englishman master of a sloop they had taken three or four days afore. He was then pilotting the Spaniard for Sandy Point Road in St. Christophers, they intending to cut out from thence a large ship there, Wm. Harris Commander. This last prize prevented that design, but they told Benson it was only delayd, for they wanted vessels to load with caco for Old Spain. H.M.S. Scarborough is gone down to prevent this insult, tho' Capt. Barnesley who commands her, says if he meet this privateer and she have a commission, he cannot meddle with her, etc. Signed, William Mathew. Endorsed, R. April 26, 1731. Holograph. 2 pp. [C.O. 152, 43. ff. 141, 142, 142v.]
Nov. 20.
Barbados.
542. Governor Worsley to the Duke of Newcastle. As the last years Excise bill was near expiring, in order to prepare another, I called a new Assembly which was chose the 16th instant. I have inclosed to your Grace my Speech to them, but have not yet had their address in answer to it, tho' on the occasion of my recommending to them in obedience to H.M. Orders in Council the immediate payment of what has been found due upon proper vouchers, by myself, and the Council, to the former and present Secretarys etc., they addressed me to lay copys of those accounts before them, which I have refused, in that I had no order so to do, besides I think it contrary to my 32d. Instruction, this was the dispute two years ago betwixt the Council and Assembly on the passing an Excise bill, and it having been determin'd in favour of the Council, I am surprised to see them attempt any thing of the same nature again, at the same time I told the two Assembly-men who came to me with the Address that I would transmit it home in order to be laid before H.M. for his commands thereon, tho' this they have not put in their minutes. I mentioned in my Speech to the Assembly their not having complyed with the Queen's Order in Council in relation to the Act for supporting the honour and dignity of the Government, in as tender a manner as I could, by given them a hint in what manner they might rectifye the past errors. A merchant of this island sent from hence [to Sta. Lucia. Ed.] English carpenters, with iron work, plank, masts, sails, cordage, and all necessarys for building and fitting a ship to sea, the timber only excepted, and afterwards made application to me to register her, which I refused. I hear since he has made application to the Commissioners of the Customes in London, the occasion of my conduct in this affair was not to give the French a handle of complaint for assuming for the King my master the property of that island when I know by the convention betwixt the late regent of France and the late Earl Stanhope it is left undecided, as also upon the Treaty made betwixt the Duke of Montegues Governour, and the French Governour of Martinique when it was evacuated on both sides, as I am very unwilling to prejudice the commerce and at the same time I must be very cautious how I act in an affair of so nice a nature, therefore beg your Grace will be pleased to let me know H.M. commands thereon for my future conduct etc. Signed, Henry Worsley. Endorsed, 18 Feb. 3 pp. Enclosed,
542. i. Speech of Governor Worsley to the Council and Assembly of Barbados. Described in preceding. Copy. 3 pp.
542. ii. Address of the Assembly to Governor Worsley. 20th Nov., 1730. Pray him to lay before the House the accounts of the Secretaries, Lord Micklethwaite, Francis Whitworth and William Webster, the payment whereof is recommended in his Speech. Copy. Signed, Robt. Warren, Cl. of the Assembly. Copy, ¾ p. [C.O. 28, 45. ff. 127–130, 131.]
Nov. 20.
Barbados.
543. Governor Worsley to the Council of Trade and Plantations. Duplicate of No. 542, mutatis mutandis, and concluding with so nice a nature. Signed, Henry Worsley. Endorsed, Recd. 9th Feb., Read 24th Aug., 1731. 3 pp. Enclosed,
543. i., ii. Duplicates of encl. i, ii preceding. Same endorsement. [C.O. 28, 22. ff. 79–83, 84v.]
Nov. 20.
New York.
544. Governor Montgomerie to the Council of Trade and Plantations. Abstract. Regrets that he did not receive their answer to his of Sept. 2, 1729 till the end of Sept. last. This led him to think he had induced the Board to alter their opinion as to the disposal of the interest and therefore to give his assent to the act of New Jersey to enforce the payment of the incidental charges of this Government etc. Comments upon it and other acts passed last session, viz. (i) An Act for the more speedy recovery of legacies; (ii) for secureing the freedom of Assemblies, which the Council unanimously intended to reject, but passed in order to keep the Assembly in good temper, considering that there would be time to lay it before H.M. before it could be put in practice. The majority of the Representatives, especially the Quakers, were violently earnest for it, arguing that by the King's Letters Patents acts of the Province are directed to be as near as may be agreeable to the laws of England, and that this act providing in relation to our Assemblies what is done in Great Britain relating to Parliaments, must be warranted by those Letters Patents etc. (iv) An act for appropriating the money directed to be raised by the Act for the additional support of Government and for raising a further support of Government for one year, (v) An explanatory Act of the act relating to highways and bridges, (vii) An act for preventing small stone horses running at large, (viii) for settling the militia, (ix) for building a town house and goal in the county of Monmouth. (x) for preventing lotteries and regulating pedlars, (xi) for naturalising Christina Elrington etc. (xii) for better enabling divers inhabitants to hold lands and to invest them into the priviledges of natural born subjects. (xiii) for regulating of fences. (xiv) An act imposing a duty on persons convicted of heinous crimes, and to prevent poor and impotent persons being imported etc. This act was thought absolutely necessary because of the many felonies committed of late years by convicts imported from Great Britain and Ireland. (xv) An act the better to enable the inhabitants to support the Government, discharge their engagements in the loan office etc., by making currant 20,000l. in bills of credit. He did not give his assent till a suspensory clause was added. Gives arguments in favour of it. Encloses Address of Representatives for a separate Governor. The Assembly in 1728 was full of the scheme, but many who were then very hot, begin now to cool about it, and several counties are preparing addresses against it. He has not had any opportunities of sending letters for several months. He could not get the acts and minutes of the Assembly out of the printers' hands till last week, the presses in this country being very slow and ill managed. The Assembly of New York is adjourned till the second Tuesday in March. Printed, N.J. Archives, 1st. Ser. V. 285. Signed, J. Montgomerie. Endorsed, Recd. 27th Feb., Read 16th June, 1731. 9 pp. Enclosed,
544. i. Address of Assembly of New Jersey to the King. Continue:—It would much more conduce to the benefit of this Province and be no prejudice to that of New York, were their Governours, as are the Governments, distinct. It is a peculiar happiness many of our fellow subjects enjoy to be near your Royal person and to partake of the immediate influence of so good a Government, but since our distance deprives us of that great benefit, it might (we humbly hope) in some degree be recompenc'd, by having a person cloath'd with your Majesty's authority constantly residing amongst us. This we cannot expect whilst under the same Governour with New York, that Government necessarily taking up so much of our Governour's time, that but a small part of it can fall to our share: and his residence being chiefly there, renders application to him from hence, on ordinary occasions difficult, and in extraordinary cases (however willing) he may be unable to releive untill the affairs of that Province will permit his coming into New Jersey. Under the like difficultys (and for the like reason) we have laboured in respect to our principal officers who have formerly been inhabitants of that Colony, which not only renders them less usefull in their several stations, but by spending their sallarys there, drained us of money which would otherwise have circulated amongst us. Our having the same Governour at first, was (as we humbly conceive) because this Province was then in its infancy, the inhabitants few, and it might justly have been thought too heavy a burden to maintain a Governour of our own; but since we are now much more numerous and are as able, and willing to support one, as divers of our neighbouring Colonys who enjoy that benefit, we are humbly of opinion the granting this Colony such a Governour, might tend to encrease our wealth, and put us in a condition to emulate our neighbours in trade and navigation. Nothing we here say proceeds from any dissatisfaction to our present Governour etc. Signed, By Order of the House, 4th 5 mo., 1730, John Kinsey, junr., Speaker. Endorsed as preceding. Copy. 3 pp. [C.O. 5, 972. ff. 214–220v.]

Footnotes

1 [Dr. Cook.]