America and West Indies
June 1731, 1-10

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1938

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117-134

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'America and West Indies: June 1731, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 38: 1731 (1938), pp. 117-134. URL: http://www.british-history.ac.uk/report.aspx?compid=72571 Date accessed: 19 September 2014.


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Contents

June 1731, 1-10

1731.
June 1.
Whitehall.
206. Council of Trade and Plantations to the Lords of the Committee of H.M. Privy Council. Report upon Mr. Popple's petition relating to gratuities and Office fees. Set out, A.P.C. III. No. 236. q.v. [C.O. 389, 37. pp. 325–328.]
June 1.
Whitehall.
207. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses, for their opinion in general, act of Antigua, 1726, to enable Wm. Gregson of the City of London, gent., a plantation formerly belonging to Roger Williams. [C.O. 153, 15. p. 106.]
June 1.
Boston.
208. Governor Belcher to the Council of Trade and Plantations. Refers to letter of 26th April and encloses laws since passed in N. Hampshire. Continues:—The people there are still very desirous, that I might have the King's leave for signing the bill I transmitted in Dec. last etc. Prays for dispatch in that matter and for mandamuses for Mr. Waldron and Mr. Gambling for the Council. Continues:—I seldom have more than six to attend in Council, which is a great prejudice to the King's service. The 26th ulto. I met the new Assembly of this Province and by their Journal to this time now inclos'd your Lordships will see, they are of the same stamp with the last Assemblies. Nor have I the least expectation of their making any step towards a complyance with the King's Instruction, as to my support, nor do they seem to pay the least deference to any thing that is called an Instruction. I must therefore desire your Lordships wou'd send me the King's leave to receive my support in the way the Assembly is willing to give it, for it cannot be thought consonant to reason, justice or honour that I should go on to support the character of the King's Governour at the great expense of my own estate. With great submission to your Lordships my taking the sum the King has appointed me in the manner the Assembly are willing to pay it cannot prevent or anyways affect what H.M. in his royal wisdom shall think fit to do, for his own honour, in seeing that his orders have all possible obedience paid them. I have in this and every point acted with the strictest fidelity to the King's honour and service, and it is a severe thing for his faithfull servants to suffer in their estates as I have done ever since my arrival. I hope your Lordships will consider my hard case, and let me have the leave I desire, and was granted to former Governours, who had Instructions of the nature of mine, etc. Signed, J. Belcher. Endorsed, Recd. 5th July, Read 4th Aug., 1731. 1¾ pp. [C.O. 5, 873. ff. 50–51, 53v. (with abstract).]
June 2.
Whitehall.
209. Mr. Popple to Major Ayscough. My Lords Commissioners etc. desire of speaking with you tomorrow morning at 11 a'clock, concerning the present condition of Jamaica, and that you will bring with you at the same time any persons that you know can give my Lords the best accot. of that matter. The like letter was wrote to Mr. Coleman, Mr. Harris, Mr. Morice. [C.O. 138, 17. p. 314.]
June 2.
Whitehall.
210. Minutes of Privy Council. Major General Hunter's letter of 4th July, 1730, with the papers inclosed, representing the defenceless condition of Jamaica the orders sent to him upon them in the Duke of Newcastle's several letters of 12th Oct. and 9th and 30th Nov. were read. And Maj. Gen. Hunter's letters of 23rd Jan., 11th Feb., 17th and 20th March and 2nd and 3rd April giving an account of the receipt of those orders, and of the arrival of the two Regiments at Jamaica were also read. The Secretary at War acquainted the Lords that he had received letters from Maj. Gen. Hunter of the same date and to the same purpose, as also one fom Colo. Hayes, dated Match 9, 1730/1, with advice of the defeat of the negroes and the burning of their town; and representing the bad condition of the quarters provided for the soldiers who sicken and dye fast, and that only two companies of his regiment are together; the rest being dispersed in quarters all over the island; which letters were read. Several other letters from officers and other persons at Jamaica (enumerated) were read, all which agree in the account of the sickness of the regiments, many of both regiments being ill of fevers and fluxes; that it increased daily; that several officers and abundance of the men were dead; that at the funeral of Colo. Hayes the whole Regmt. were in tears, the surviving Officers almost dead; that their men dyed daily; and that the two regiments would soon fall a victim: that their accommodations were not good; that no provision was made for them or care taken of them; that three Companies of each Regimt. were sent to Port Antonio, a very unhealthy place, which were still on board, quarters not being ready for them; and the rest were disperst all over the island; and some in places where there were no rebellious negroes; except only two companies, that were kept together; that there seemed to be no want of the troops there, unless it were to make them planters; and if the two Independant Companies were compleat, they would be more in number than the detachment of the regiments which is sent to that part where the rebellious negroes are; that the affair of the negroes is a trifle, that they had been defeated and their town burnt; that there had never been more than 30 of them together, that the people of the Island did not value them, nor were in general much pleased with the regiments. A letter from the Lords Commrs. of the Admiralty, 15th March, 1730/1 inclosing copy of one they had received from Major General Hunter concerning the defenceless condition of Jamaica, and his Grace's answer to them of 5th April, with another letter from them of 1st May were read. Their Lordps., upon consideration of the several letters, and finding great difference in the accounts from ye Govr. of Jamaica, and the officers and other persons there, as well with relation to the health and condition of the regiments, as to the service and use they may be of for the security of the island, and the suppressing of the rebellious negroes; and being informed, that Capt. Dent is daily expected from thence, who is well acquainted with the state and condition of the island, their Lordps. think it most for H.M. service to deferr giving any oppinion in this matter till such time as they have received further information from Capt. Dent, and by the letters he will bring from Jamaica. In the mean time the Board of Trade are desired to enquire of the merchants what necessity they apprehend there may be for the continuance of those regiments at Jamaica. 4? pp. [C.O. 5,36. ff. 9–11.]
June 2.
Whitehall.
211. Mr. Popple to Samuel Stork. I am to remind you that you and the New York merchants who attended the Board, 9th April last, of your having informed their Lordships that you expected the sentiments of your Correspondants at New York concerning the most proper way of maintaining the fort at Oswego, without burthening the fur trade of that Province, etc. Enquires whether they have received any such information. [C.O. 5, 1125. p. 165.]
June 3.212. Draft of Fort Nassau, New Providence, as repaired and enlarged by Governor Phenney, with drafts of design intended to be finished, and of the fort as he found it etc. Certified by, Capt. Aspenwald. Endorsed, Recd, (from Capt. Phenney), Read 3rd June, 1731. Edmd. Oakley delin. 1 large p. [C.O. 23, 2. ff. 233, 233v.]
June 3.213. Account of the loss (930l. 5s. 3d.) sustained by Governor Phenney from the loss of his two sloops (v. 19th May). Certified by, Peter Goudet. Endorsed, Recd., Read 3rd June, 1731. 2 pp. [C.O. 23, 2. ff. 231–232.]
[June 3].214. Bond of Governor Phenney, Samuel Lawford and William Pinder to Peter Goudet, Treasurer of the Bahama Islands, in 1200l. for refunding money raised by him on the public, 26th Nov., 1729 etc. (v. preceding.) Endorsed as preceding. Copy. 2 pp. [C.O. 23, 2. ff. 234, 234v., 235v.]
June 3.
London.
215. Mr. Morice to Mr. Popple. Reply to enquiry, (v. no. 211). Continues:—My confirmitys of the gout will not give me leave to attend their Lordships, nor am I able to give their Lordships any acctt. of the condition of Jamaica; and untill the ships arrive from Jamaica, that are expected home next month, I do not know of any person that [can] give their Lordships satisfaction in that affair. Signed, Hum. Morice. Endorsed, Recd., Read 3rd June, 1731. Addressed. 1 p. [C.O. 137, 19. ff. 21, 22v.]
June 4.
Treasury
Chambers.
216. Mr. Scrope to Mr. Popple. Encloses following. The Lords Commissioners of the Treasury desire the opinion of the Council of Trade what be fit for H.M. to do therein etc. Signed, J. Scrope. Endorsed, Recd. 4th June, Read 20th July, 1731. Addressed, ¾ p. Enclosed,
216. i. Governor Worsley to the Lords Commissioners of the Treasury. Barbados. Jan. 16, 173 0/1. On the arrears of 2/6 levy etc. (v. supra 16th Jan). Signed, Henry Worsley. 2 pp.
216. ii. Same to Same. 27th March, 173 0/1. On the same. (v. supra 27th March). Signed, Henry Worsley. 4 pp. [C.O. 28, 22. ff. 53, 54–56v., 58v.]
June 4.
Fredericks-
fort.

18th June.
217. Col. Dunbar to Mr. Popple. Has had no opportunity of answering his letter of 11th Feb. Refers to his three former letters etc. Continues:—The Penobscot Indians have had such impressions given them of us that they seem a little jealous and have not come so frequently among us as usual; however I am sure if I am enabled to make them a few prests. instead of disturbing us, I will undertake by degrees to settle all along the coast by their consent etc. Repeats that he has been obliged to make some small lots of land etc. (v. C.S.P. Nov. 17, 1730). Continues:—In John's River about four miles from Fredericksfort I layd out a township wch. I called by the name of Harrington, and yt. river by ye same name, where I made a plan of a regular towne, fronting navigable water, and gave fourty acre lotts to the people contiguous to the towne, there are now there 76 familys, who have cleared part of their lotts and have made gardens and small plantations, and are burning bricks and prepareing to build houses being much incommoded by the weather in poor wigwams or cottages in which they live at present. Damarescotty river whose entrance from the fort from the sea is but three leagues, I have called Walpole river, wch. is very deep and wide, and runs 20 miles navigable into the country, upon the east side of it I have layd out a regular compact town by ye name of Walpole, and in it there are at this time 94 familys, on the west side opposite to it I have planted another town and called it Townshend, not above 25 familyes are yet there, many of the people being gone for their wives and cattle. Shepscot river enters but 2 leagues from Walpole river, and is very large, upon ye east side of it I have planted a towne which wth. the river I have called Newcastle, and there I have fixed the people who first petitiond H.M. for leave to settle to ye Eastward of Kennebeck river, there are near a hundd. familys there; from the west side of ye river to Kennebeck which is about 8 miles, there is a fine growth of large white pines, and oak wch., in Nov. 1729, I layd apart for ye use of the Royal Navy, and gave publique notice thereof, notwithstanding which some New England people who call themselves ye Shepscot Company, have committed great waste and have, the last winter, cutt down 154 mast trees into loggs for houses and fences by way of takeing possession of ye lands, but I am prosecuting them for it. Moscougus river enters from the sea, abt. 12 miles N.E. from Fredericksfort, a number of New England people who called themselves the Moscougus Company, came to me upon my first arrival at Boston and when I told them of the King's intentions and termes of settling that country, they in a very dutyfull manner thankfully accepted thereof, and I told them that no others should have those lands, and that all others of H.M. Protestant subjects who would do the same should also settle where they pleased. Accordingly those people are come and comeing thither. I have called it Torrington, wch. bounds on ye west and N.W. upon Fredericksfort and Harrington; Harrington and Walpole lines meet, and Townsend and Newcastle; the people have agreed this season to cutt strait cart-roads from towne, to build ferrys upon ye rivers and to erect beacons in proper places, the soil is extraordinary and the country not at all mountainous, it is covered with wood in veins, some places red oak wch. is onely fitt for potash, dry cask and firewood, in other places white oak fitt for ship timber and wett cask, some parts mostly spruce, and all intermixed with some ash, birch, maple and popple or asp trees, very few pines and those stunted trees which are onely fitt for boards and shingles, without which no buildings can be carryed on. Every towne has clay fitt for bricks, and which will be cheaper to ye people than wooden houses ; great numbers of men are dayly flocking hither, and I am now upon laying out another towne by the name of Westmorland upon a fresh pond of thirty miles long above Walpole, they are now encouraged by letters from London that ye claims are all rejected, and I should not have presumed to have proceeded thus farr but that I had ye same account from London some months agoe, and there was an absolute necessity for it, besides no claimants on these parts made any application at home, but waited the issue of Mr. Waldo's sollicitation wch. would determine all the rest, and he was to have half of the lands he should get confirmed. If it had not been for Doctor Cook and him, noe opposition would have ever been made to the settlements, but all would have acquiesced, as those of Muscougus had done, and to shew the nature of their titles etc. repeats stay of John Brown (v. C.S.P. 17th Nov., 1730). Continues;—When I told some of ye purchasers of this affair, they ownd they gave ye man ye mony but sayd it was in charity, and he made them a present of the deed in return, wch. They layd no stress upon, haveing Indian deeds for ye same lands, to wch. I have seen no less than 3 such titles from different Indns. to different people; I onely mention this to shew that I was willing to make no distinction between the King's subjects but receive all who would accept H.M. favour, this may prove Mr. Waldoe's chief plea in his petition to be false, vizt. that I had dispossd. several people from their antient possessions and inheritances, whereas I do solemnly declare that there was but one family between the island of Arrowzick in Kennebeck river and the truck-house at Georges 10 leagues eastward of Fredericksfort, when I first came hither, namely Doctor Winslow's, now at the town of Townshend, and he is there still and was never disturbed nor threatend to be disturbed; this is all yt. I can think material for me to take notice of in answer to that petition, but to observe that if your claim is allowed, there are so many more of the same nature yt. H.M. can have no reserve in that country for ye Royal Navy, and besides allowing one Indian's title, is an acknowledging that ye Indians have a right to dispose of all ye rest of ye lands, and may sett what vallue they please upon it, or refuse to sell, and thus the planting a useful! Collony will be defeated, wch. besides a handsome revenue to the Crowne will consume abundance of English manufactures, and returns made for them in hemp, flax and pottashes wch. England now purchases mostly with ready mony, and from countrys whose friendship is precarious. Mr. Waldo and his party being sensible of the weakness of their title, have lately purchased an additional one, wch. they imagined one Mr. Nelson had to all Nova Scotia. Mr. Nelson is an antient gentleman near 80 years of age, was a relation to Sr. Thomas Temple who was in these parts near seventy years agoe, he confessed to Mr. Waldoes frds. when they offered to treat with him for his title that he had no sort of right, and yt. if any remain'd, derived from his uncle Sr. Thomas Temple it must be in my Lord Cobham who is heir to him, but even his Lordship had none, because Sir Thomas's grant for Nova Scotia was but dureing his own life, if this be true the records in England must prove it. Notwithstanding this honest declaration from Mr. Nelson, Mr. Waldo's friends insisted upon buying his title and offerd 100l. New England mony, wch. he has wthin. this month accepted, and perfected deeds, wch. no doubt will be trumped up at ye Council Board in England before this can reach home; this is a cheap purchase for Nova Scotia, which to the eastward of Kennebeck river will be upwards of fourscore millions of acres, and ye 100l. not worth more than so many ounces of silver; 'tis much an easier purchase than Mr. Waldo would willingly have made abt. 30 months agoe in England, when one day Mr. Gulston, he and I dined at Pontacks and talking of settling these parts, wch. was then in agitation, Mr. Waldo sayd yt. he had some pretentions to a neck of land between St. Georges river and Penobscot, and if I could putt him in a way how to gett his claim confirmed by H.M. he would give a thousand guins. to any one about Court who would serve him therein. I answered that I did not know how or where to make any such application of mony. Mr. Gulston I believe would scorn to lye and I appeal to him for his testimony herein; that claim of Mr. Waldo and Compa. (as they call themselves) is near 600,000 acres, reckoning onely from St. Georges to Penobscot, but now by his petition he would include Mt. Muscougos, wch. etc. another sett of people claim and are actually settleing, waveing any pretentions but under the new terms, which many of the better sort of people tell me does ye more incourage them, because they will be under a Kingly Governmt. and hope for H.M. more immediate countenance, which these parts could never expect from the Masachusetts Bay, being at too great a distance from them, and it may appear from ye addresses contained in the 4° printed books sent by me to His Grace ye Duke of Newcastle and to my Lords Commrs. for Trade and Plantations soon after my arrival at Boston, that the Masachusets people refused to build the fort at Pemaquid as being too remote from their Province, and therefore could be of no advantage to them, the opposition now given to the settlements is the pure effect of their principles for opposition sake, and not with any designe of settleing it themselves, they haveing land enough in the Masachusets province for 40,000 familys more than they have in ye country, besides the large province of Main which from Piscatua River to Kennebeck is nearer 100 than 90 miles, 30 of which at this time from North Yarmouth in Casco Bay has not 30 familys upon it, ye other 70 to Piscatua river, wch. parts it from New Hampshire has onely one line of townships along ye seashore and those but 8 miles deep into the country, except on Piscatua river ye town of Berwick 15 miles from the sea; there are but small improvemts. in these towns, they live chiefly by their saw-mills, and are not to be restraind by any law yet in being, nor can the most diligent officers prevent such numbers of disobedient people, who very little regard the King's authority and very frequently insult his officers, a flagrant instance of this lately happened to one Capt. Lancelot a master of a ship who was attacqued, severely wounded and robbed, his wounds were such as that the people imagined they had killed him by their boasting that they had destroyed one Surveyor of ye Woods. He was a little man and was taken for Mr. Slade one of my Deputys at that time near ye same place upon his duty, who sent his horse for Mr. Lancelot to carry him to a surgn., this fact was related in one of the Boston newspapers, and is since confirmed to me by Mr. Slade etc. Refers to and repeats part of his letters Jan. 12th etc., the quit-rents due and the titles produced by the inhabitants for the lands, "particularly Collo. Westbrook." Continues:—It may be worth consideration at home whether to demand the said arrears, in default of paynit. the title reverts to the Crowne; all those patents were so much esteemed that they are registered in the town books of York which is the county towne etc. York is but 7 miles from the river of Piscataqua, and thither upon all sessions and sizes people from the west side of Kennebeck are obliged to resort upon all occasions near 90 miles, and what is yet harder upon them, they send representatives to Boston, 60 miles westward of Piscatua, and must follow any appeals thither to ye Governour and Council, and travel thro' the body of the Governmt. of New Hampshire; there are many people tearing one another to pieces upon disputes of lands in the province of Maine, many familys at Casco who have settled and improved thereabouts for several years are now to be turn'd out by old claimants to the same lands who have layn dormant, and they are now to loose the benefit of their buildings and improvemts. by some new comers, among whom are Mr. Waldo and Mr. Westbrook who lately purchased the old titles for trifles, on purpose for erecting saw mills, as those lands are chiefly covered with large white pine trees. When I was at Casco in January last, ye Selectmen came to me in behalf of many others, and prayed me to represent their grievances home, and asked my approbation to call a towne meeting to aggree upon a petition to H.M. to annex them to this province, but I declined it, and now I have fresh application to beg in the name (as they say of ?) of the province of Maine that I would putt them in a way to lay their grievances before H.M., and how they may be annexed either to New Hampshire or Georgia, but I gave no answer, than, that I could not appear in it, but if they would send my petition to one of the Secretarys of State, or to my Lords Commissioners for Trade and Plantations and send substantial proof of their allegations it would be enquired into, and an answer wd. be returnd to them. I beg pardon for this long digression, and leave to observe the opinion of the Indians of ye pretended sale of lands by their ancestors, they say that their lands are unalienable, that their ancestors had onely a natural right dureing their own lives, and could not deprive their posterity of the same right, no more than they could take away their lives, nor do they pretend to any such right over their children, the tribes are much diminished, and many of them extinct; it is very observable that when any settlemts. are made, ye Indians have insensibly decreased, and when any tribe is reduced to a few, they quit that place and incorporate with other tribes, and so the names of them are extinct; the descendants of some in whose names formal deeds are trumpd. up, do, notwithstanding claim ye lands sold by their ancestors, and have offerd to sell their right during their own lives, but pretend to no more. In my first letter to His Grace the Duke of Newcastle and to my Lords Commrs. I acquainted them, upon my return from Fredericksfort, that the Proprietor of ye lands there offered to sell his right to me for a trifle. My answer was, before a great number of the Indians, that I was not come there to buy lands, for yt. all belonged to ye King of England who sent me to settle his subjects here, and no man had a right to sell any, upon this the Indians seemed grave and kept silence awhile, and then the proprietor told me with a smile, that King George was welcome, and I was welcome. I have in all my former letters sayd soe much of this country and of ye many different claims and titles to ye very same lands, yt. I can onely add, that if any of them are allowed, it will lay foundations for eternal suits and disputes among the people and endless appeals home, if ever this country be settled under those claimts., and besides it will create quarrels among ye descendants of the Indians who formerly sold, each of them insisting that the title their ancestors gave, is best. Upon the whole if H.M. allows one claim, he cannot avoyd allowing all under ye same case and then he may give over any expectation of ever hearing of a good settlement here or any advantage to ye Crowne. In some of my former letters I gave you an account of large claims eastward of Penobscot, one of 20 miles square to Mr. Winnet, now of ye Council of Nova Scotia, by a grant from the French Governour before ye reduction of yt. province. To conclude I beg leave to referr to a printed case and state of the Crown's title to these lands signed by Dr. Pinfold after ye former disputes before His late Majesty in Council about ye year 1718, when for many reasons therein mentioned, ye title was absolutely declared to be in the Crowne. Now Sir in answer to what my Lords Commissioners are pleased to say relateing to the expenses I have made in laying the foundation of this Settlement. I most humbly thank their Ldsps. for the good offices they intend me, and herewith I send you an honest account of my disbursemts., so farr as I conceive they are for publique service, and I chearfully submit it to my Lords how farr they are soe; As to the part respecting the Indians it is unavoydable, and if their Lordships will be pleased to look over my 23rd Instruction etc., it will appear how much reason I had to bestow somewhat upon these people, and yt. Instruction has farther encouraged me to promise that if by their behaviour, they deserved it, H.M. would order them some small presents, in blankits, corn, small shot and powder for their hunting; they are now expecting them and it will be quite impossible for me not to give something, I hope my Lords will recomend it; two hundred pds. pr. year, until the quit-rent and the other penny to defray the province charges commences, will be sufficient, wch. sum must mostly be layd out in blankets, powder, swan, goose and duck shot, laced hatts of about 10s. sterl. each, and some flints from London. As for travelling charges for me and my Deputys, I believe it is usual for all rideing officers, some of them are very rarely long in a place, and it is not easy to imagine the expence they are at and the fateague of travelling in this country, they are all in debt and cannot attend this duty without some addition, or travelling charges, in my humble opinion fifty pounds pr. ann. added to each of them in lieu of travelling charges would be a less expence than to pay them pr. diem. I will allways keep them full imployed; I submit my own expences to my Lords' recommendation, and hope they will allow that I have not been idle; the sum I charge for sloop hire and men and victuals is all payd and charged to me, it was impossible without it to give any description of ye parts which I have done in my letters; I formerly proposed that if 200l. was allowed me I would build a proper coasting sloop, and would maintain her for so much pr. ann.; this would enable me to view ye coast and rivers, prevent any abuses, and go any where on H.M. service. As for the other articles in my account, I found it quite impracticable to lay any foundation for a settlement, without some cover and security for the people, and therefore raised a dry stone wall 4½ feet thick, upon ye ruins of ye old fort, wch. also commands a fine harbour, and protects vessels against any insult from the Indians, or other enemy, and so by degrees I was insensibly drawn into this expence. Any part of it that will be ordered me, I shall thankfully receive as so much given, and if any is deducted I hope it will be allowed out of the quit rents when they become due; and were I not under incumbrances here upon account of those expences I would be well contented to be payd out of ye quit rents etc. As for the publique advantages accrueing hereby I have onely this to say, that if recovering a fine and a vast country from a wilderness and planting an usefull Collony there, raiseing a small fortification with the King's flag, a few ship guns, small armes and ammunition, and putting it in a posture of defence, and by inconsiderable presents reconcileing the savages to receive H.M. subjects with good will and friendship, instead of forceing them at an expence of blood and mony, or letting it remain a wilderness for ever, if this be not deemed to be of publique use and advantage is most humbly submitted to my superiors. It is now the 18th of June, 4 days ago Major Cosby arrived here with an Officer, serjt. and drummer and twenty men from Governour Philips's regt. from Canso. I wrote to the Governour in September last pursuant to my Instructions to send me 30 men, upon apprehensions that the Indians would give us some uneasyness being incited thereunto, but I hope nothing will persuade them to it; if there had been occasion it appears by this how impracticable it is to depend upon any assistance from Nova Scotia. The Officer and his men are well lodged within the fort, and brought their provisions and ammunition with them. My letters are generally so very long that I fear it prevents their being taken into consideration. I have no other pleasure in writeing, but as I think it my duty, and I am really not able to do it according to my Comn. and Instructions to correspond with ye other Offices. I am frequently troubled with a little of the palsy, and cannot afford to keep any Clerk or Assistant, nor indeed to live myself, upon my present income in my ordinary expences etc. Continues: I am like to suffer here yt. I have no answer to the appeals I sent home etc. I have given security to prosecute ye appeals in a year, or to pay treble costs; I made no doubt of a decree against Wyer upon my appeal sent to you 14 months agoe. The stock of paper etc. which I brought wth. me at my own expence is near out. I never had one sheet of paper given me, wch. others are allowed that make less use of it. I pray Sir that you will recommend this to my Lords and that you will watch an opertunity at their leisure to lay this long epistle before their Lordships with my most humble duty and thanks for all their favours, which as I am going to New Hampshire I shall take another oppertunity to do from thence. P.S. I hope by the honour I have of being a sub to Mr. Belcher in the Lt. Governour's Commission of N. Hampshire, it is not intended to take me from ye new settlemts. If I am allowed a sloop I will engage to do anything yt. may be required of me in each place. Encloses, a list of (19) forges and (6) furnaces in Massachusetts. Signed, David Dunbar. Endorsed, Recd. 7th Sept., Read 13th Oct., 1731. Holograph. 19 pp. With marginal notes for reply. [C.O. 217, 6. ff. 58–67v.]
June 5.
Jamaica.
218. Governor Hunter to the Duke of Newcastle. Since my last, of which herewith goes a duplicate, there has nothing fallen out extraordinary here. The Genll. Assembly was adjourn'd at their own request for a fortnight on account of the Supream Court. They are to meet again on Tuesday next. Encloses Address etc., "which contains fair promises. I shall not answer for the performances. Something may be done in the affair of the quit rents: They have resolved to subsist the two regiments for six months more. They are all at their several quarters, those in the country have suffered least being farther from rum than these in the towns, and generally speaking the whole well barrackt or lodg'd. The inclosed petition etc. was this day given me by the Chief Justice and the other Judges etc. The girl said nothing in her own defence on her tryal, but after sentence, the matter appear'd so plain, that the Bench ordered the woman to be prosecuted for perjury and recommended the unhappy young woman as an object of H.M. mercy, and I am an humble suitor to your Grace that her pardon may be granted etc. When the Session is over I shall inform your Grace more particularly of affairs etc. Signed, Ro. Hunter. Endorsed, R. Aug. 31st. 2 2/3 pp. Enclosed,
218. i. Address of the Assembly of Jamaica to Governor Hunter. Return thanks for his Speech. As he recommended, they have come to resolutions for strengthning and securing the island and restoring its credit; introducing white settlers, and rendering white servants more useful by a more speedy method for the recovery of their wages; for better regulating the retailing of rum; the making good all deficient funds; and the better securing and more speedy collecting H.M. quit-rents etc. We shall not be wanting in rewarding the services of the regular troops. As we are of opinion an Agent is necessary to sollicite our affairs in Great Britain, we shall think of some proper person for that purpose etc. Copy. 1 p.
218. ii. Petition of Alice Clayton to Richard Mill, C.J., and his associated Judges. Petitioner was condemned for the murder of her bastard child. She said nothing in her defence, being afraid of prejudicing in her business, her mistress, the first witness at her trial, who is a school-mistress and has maintained and employed her ever since her parents died when she was very young, if it should become known that she was acquainted with her being with child and with her delivery, petitioner little doubting but that her mistress as she often promised would on her trial set forth the facts etc. Altho' she was not so happy to be amongst people who had compassion enough to listen to her crys, yet she made earnest and loud complaints and three several times sent out one of the scholars to call Mrs. Laugher, wch. scholar was in Court ready to give her testimony, but was not produced etc. Prays to be recommended for H.M. pardon. Signed, Alice Clayton, her mark. 1 p. Overleaf.
218. iii. Recommendations by the Jury and Judges of above petitioner as a fit object of H.M. mercy etc. Copy. 1 p. [C.O. 137, 53. ff. 352–354, 356, 356v.]
June 8.
Eilife Street,
Good
Man filds.
219. Mr. Storke to Mr. Popple. Has communicated his letter of 2nd June to the gentlemen who attended the Board 9th April. "They have wrote over to there correspondents at N. York as I have done the same, but we cannot expect to receive answears for three months to come" etc. Signed, Sam. Storke. Endorsed, Recd., Read 9th June, 1731. Addressed, Post-mark. (The usual triangular stamp, "Penny Post Paid," with the word Pidgeon written above it). (But one cannot say that this implies Pigeon-post!). 1 p. [C.O. 5, 1055. ff. 192, 193v.]
1731.
June 8.
Whitehall.
220. Council of Trade and Plantations to the King. In reply to 28th Jan. have no objection to the granting to Anthony Rutgers 70 acres known as the Swamp, under the quit-rent now paid for the land at New York, with provisoes that it be drained in one year etc. Set out, A.P.C. III. p. 309. [C.O. 1125. pp. 166–168.]
June 9.
Whitehall.
221. Same to the Duke of Newcastle. Abstract. Enclose extract from Governor Montgomerie's letter, 21st Dec, 1730, relating to the trading house intended to be erected by the French in the Sennekees' country. His Grace is fully apprized of the arts used by the French to withdraw the affections of the Five Nations from the English, contrary to the intent of the 15th article of the Treaty. The same consequences are to be apprehended from this new trading house, as have really happen'd from that erected some years ago at Niagara, which is now converted into a fort, by which the French have gained a possession in that place. Refer to their representations to Lord Carteret on that point. The French have now taken the very same steps in a country to which they have not the colour of any title, and should they be permitted to go on, might be of very fatal consequence to our Indian Nations, who might thereby be drawn from their allegiance to H.M. etc. Printed, N.Y., Col. Doc. V., 918, 919. Autograph signatures. 2 pp. Enclosed,
221. i. Extract from Governor Montgomery's letter, 21st Dec. 1730.
221. iiiv. Commissioner for Indian Affairs to Governor Montgomery, Nov. 26, 1730. Copy. With Minutes. Copy. (Without enclosures). [C.O. 5, 1086. ff. 22, 22v., 24, 24v., 26–28v., 31, 32v.; and 5, 1125. pp. 169, 170.]
June 9.
Whitehall.
222. Council of Trade and Plantations to the Committee of Privy Council. Report upon petition of Ex-Governor Phenny. State case and quote Peter Goudet, Treasurer of the Bahamas, that the sums raised during his administration were justly applied to the service of the public, and accounted for to the Assembly. The Assembly's objections appear to relate solely to the legality of the method by which the mony was levied. There was no assembly constituted during his government, so that the money was raised by the highest authority which then subsisted, and by the same power as his predecessor had levied taxes for the same purposes. Continue: —We think Mr. Phenny's proceeding to be very justifiable from that part of his Commission whereby he was authorized to do everything that might conduce to the security of his Government, the good of the people, and the honour of the Crown. Acts of this kind have their foundation in reason, and are vindicated from their own necessity, as well as by the practice of England towards infant Colonies. It may be further alledged in Mr. Phenney's favour, that the aforesaid levies were approved at the Quarter Sessions of the Island, which was the most popular Court that could take cognizance of such matters, before the constitution of the Assembly and the people of the Bahamas did concur in several addresses to Mr. Phenney, approving his whole conduct. It would be a very great hardship therefore if he should be obliged to stand the event of a suit at law in the Bahamas upon the abovementioned bond; and we have no objection why H.M. may not be graciously pleased to order his Governor to deliver the said bond to Mr. Phenney's Attorney, in order to be cancelled. With respect to the sloops fitted out by Mr. Phenney, to fetch provisions for the garrison at the Bahamas, alt ho' he may have been a considerable sufferer by their being cast away in their return to those islands, yet as it does not appear to us that he had any orders for that equipment; we can only submit this article, together with that of the fortifications, upon which Mr. Phenney appears to have taken a great deal of pains, to H.M. goodness and compassion. Partly set out, A.P.C. III. pp. 316–318. q.v. [C.O. 24, 1. pp. 196–201.]
June 9.223. Mr. Sharpe to Mr. Popple. I begg you will be so kind as to move the Lords Commrs. to appoint days to take the following mess, into their consideration etc. (i) An act passed in Pennsylvania, 1727, for the establishing of Courts of Judicature, with the petition of John Moore against the same. This is to be heard by Councill on both sides etc. (ii) Acts of Jamaica for the better regulating slaves etc., and (iii) enabling Capt. King and Lady Cotton to sell Pero plantation etc. Endorsed, Recd. 10th, Read 5th June, 1731. Addressed. 1 p. [C.O. 137, 19. ff. 23, 24v.]
June 9.
Whitehall.
224. Duke of Newcastle to the Council of Trade and Plantations. Encloses following etc. It is H.M. pleasure that you comply with what is desired etc. Signed, Holles Newcastle. Endorsed, Recd., Read 10th June, 1731. l½ pp. Enclosed,
224. i. Address of the House of Lords to the King, 6th May, desiring that the Council of Trade and Plantations may be directed to receive all proposals that may be laid before them for preventing running of wool from England and Ireland and lay before this House proper methods for preventing the same etc. Signed, Wm. Cowper, Cler. Parliamtor. Copy. 3 p.
224. ii. Address of the House of Commons to the King, 5th May, that the Council of Trade and Plantations be directed to lay before the House, in the next Session, a state of H,M, Colonies and Plantations in America, with respect to any laws made, manufactures set up, and trade carried on there, which may affect the Trade, Navigation and Manufactures of this Kingdom. Copy. ½ p. [C.O. 323, 9. ff. 63–64, 65, 68v.]
June 10.
Whitehall.
225. Mr. Popple to Governors of Plantations. Circular letter to all Governors. H.M. having been graciously pleased upon an Address of the House of Commons to give directions to my Lords Commissioners etc. to prepare a representation to be laid before the House in the next Session of the state of H.M. Colonies in America, with respect to any laws made, manufactures set up and trade carried on there, which may affect the trade navigation and manufactures of this Kingdom etc., desire that you will immediately send them the best and most particular account you can etc. on these matters. [C.O. 324, 11. p. 242.]
June 10.
Whitehall.
226. Council of Trade and Plantations to the King. It having been lately represented to us, that inconveniences may arise from the devolution of Government in the Leeward Islands as it is at present setled by your Majesty's Commission etc., whereby it is directed, that in the absence of the Capt. General the chief command shall devolve upon the Lieut. General, and in his absence, upon the Lieut. Govr. of Nevis and upon the President of the Council in that Island, in the absence of the Lieut. Governor. In all probability, the first cause of giving this preference to Nevis, was, it's having been entirely settled before any other of the Leeward Islands ; but as St. Christophers and Antigua are now become much more considerable, the reason of that preference ceases, and we most humbly offer to your Majesty, that for the future the chief command in these islands shall, in the absence of the Capt. General and Lieut. General, devolve upon the eldest Lieut. Governor being resident in any of the four islands, according to the priority of their commissions of Lt. Governor. We are induced to recommend the Lieut. Govrs. preferrably to the Presidents of the several Councils, because the former have the honour to bear your Majesty's commission, and generally speaking are persons of greater consequence, and better acquainted with the nature and methods of command and authority; But if it should happen that neither the Governor in Chief, the Lieut. General nor any of the Lieut. Govrs. should be resident in the islands, we could humbly propose in that case that the chief command should devolve upon the President of the Council of St. Christophers, and the reason why we give preference to this island is, that it was first discovered and planted by the English in conjunction with the French, and had it not been for that partition it would probably have been first named in the Govrs' commission; but the French part having been surrendred to Gt. Britain etc., it is now entirely settled by your Majesty's subjects, and is become equal to, if not of greater consequence than any other of the Leeward Islands. The Governmt. of the Leeward Islands is now devolv'd upon the President of ye Council of Nevis, and we should have proposed this alteration sooner, had there ever been any probability that this would have happen'd. If your Majesty shall be pleased to approve of this alteration, we take leave humbly to propose that it may be made in ye draught of the Commission lately prepared for Col. Cosby. [C.O. 153, 15. pp. 107–109.]
June 10.
Whitehall.
227. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 12 acts of the Bahama Islands, 1729. [C.O. 24, 1. pp. 206–208.]
[June 10].228. Extract of a letter from Col. Montgomerie to Andrew Drummond. I return you inclosed a receipt of Capt. Luckes of a box which you said, contained a seal for the Province of New Jersey; his ship I hear was cast away on the Western Islands, so the seal never came to my hand. You must represent this to the Lords of Trade, that a new one may be ordered. Exd. A. P. Endorsed, Recd, (from Mr. Drummond) Read 10th June, 1731. ½ p. [C.O. 5, 972. ff. 202, 207v.]
June 10.
Whitehall.
229. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, nine Acts of the Massachusetts Bay, 1728 and 1729, and five of New Hampshire, 1729. [C.O. 5, 916. pp. 412–414.]
June 10.
Whitehall.
230. Council of Trade and Plantations to the King. In reply to 10th March, quote their letter to Govr. Belcher of 12th Dec. Continue: Since that time, we have reced. letters from him, in which he acquaints us, that notwithstanding he had formerly had, of ye next Assembly's acting more suitably to your Majesty's Instructions, yet he found they would not go beyond what had been settled in ye foregoing session, and he was sorry to acquaint us, that ye new Assembly had gon backward, and seem'd to do nothing more than had been done about forty years ago, when their present form of Government was first established. Upon this, we beg leave to inform your Majesty that by your 26th Instruction to Mr. Belcher, it is declared to be yor. Majestie's express will and pleasure, that he do not give his assent to any act, or order of Assembly etc. for any gift to be made to him etc., except only in the manner prescribed in the 27th Instruction, quoted (that he should propose to the Assembly to pass a law declaring the salary of their Governor for the time being to be 1000l. pr. ann. sterling). Continue:—By the Act referred to us, it is provided that ye summ of "2400l. shou'd be paid out of ye publick Treasury to Jonathan Belcher Esq., etc. for ye present, as an ample and honble. support, and suitable to ye dignity of his station." Likewise, "That at ye beginning of ye next ensuing May session, another Act should pass, for an ample and honourable support to ye sd. Governor Belcher, which shou'd be annually renew'd at ye beginning of every May session during his government and residence in that Province," etc. In our opinion the 2,400l. thereby intended to be given to the Governor is contrary to his 26th Instruction, and the provision thereby intended to be made, that at ye beginning of the next ensuing May session another Act should pass, for an ample and honourable support to Governor Belcher, which should be annually renewed etc., does, by no means come up to his 27th Instruction, but seems rather calculated to leave the Govr. still dependent upon ye Assembly for his support, and we are at a loss to imagine how Mr. Belcher in his letter to the Duke of Newcastle could think that this might be taken as a settlemt. during his Governmt. [C.O. 5, 916. pp. 415–418.]
June 10.
N.
Providence.
231. Governor Rogers to the Duke of Newcastle. Refers to letter of 10th Feb. (Nos. 47, 55) etc. and Mr. Colebrooke's obstruction in the matter of the fortifications etc. Continues:—Having at several other times bred disturbances between me and the inhabitants and also encouraged the soldiers of the garrison to mutiny here and make unjust complaints at home, he was the last Sessions indicted by the Grand Jury and also tryed and found guilty by a Petty Jury for baratry etc. Will soon transmit the whole proceedings. Continues:—Mr. Colebrooke is now proceeding to appeal. I am extremely concern'd that there was a necessity for so much rigour and that if he had been suffer'd to continue his evil practices H.M. might have had a much worse account and perhaps riskt or lost the Colony, shou'd either our neighbours the Spaniards or Pirates have any view to surprize us during our dissentions occasion'd by this man, for here has been more contention lately than I knew even whilst I was last here amongst the pirates. And I hope this example will prevent anything like it for the future etc. Signed, Woodes Rogers. Endorsed, R. 8th Sept. 1 p. Enclosed,
231. i. Copy of indictment and sentence of John Colebrooke as a common barrator and disturber of the public peace. Fined 750l. and imprisoned till H.M. pleasure be known. N. Providence, 25th-31st May, 1731. 2 pp.
231. ii. (a) Protest offered by 17 inhabitants of the Bahama Islands against the composition of the Grand Jury which returned a true bill against John Colebrooke. It is said to have been composed of strangers, one of the garrison, and persons of infamous character. 25th May, 1731. 17 signatures. Subscribed,
231 ii. (b) Mr. Rogers refusing to take any cognisance of the above protest, it was delivered by Samuel Lawford, one of the signatories, to the Chief Justice in Court, and therefore and for other abuses in the face of the Court, Lawford as a ringleader was committed. Eight of the signatories were afterwards of the Petty Jury that found Colebrooke guilty. The whole, 1 p. [C.O. 23, 14. ff. 185, 187–188v.]
June 10.
New
Providence.
232. Governor Rogers to the Council of Trade and Plantations. Part duplicate of preceding letter. This goes to So. Carolina by H.M.S. Cruizer. Will soon transmit an account of the whole state of the Colony, which is but indifferent, chiefly occasioned by Mr. Colebrooke etc. Signed, Woodes Rogers. Endorsed, Recd. 28th Sept., 1731. 1¾ pp. Enclosed,
232. i. Duplicates of enclosures i. and ii preceding. [C.O. 23, 3. ff. 73, 73v., 80v.–82v.; and duplicate without enclosures, sent via Jamaica and endorsed, Recd. 9th Aug. 1731. ff. 76, 76v., 77v.]
June 10.
Whitehall.
233. Council of Trade and Plantations to the King. The seal for New Jersey having been lost with the ship by which it was sent, desire instructions for engraving another. [C.O. 5, 996. p. 266].