America and West Indies
November 1732, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1939

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240-258

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'America and West Indies: November 1732, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 240-258. URL: http://www.british-history.ac.uk/report.aspx?compid=72635 Date accessed: 24 October 2014.


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November 1732, 1-15

Nov. 1.
Whitehall.
431. Council of Trade and Plantations to the King. An act was passed in So. Carolina, 20th Aug. 1731, entituled for remission of arrears of quit-rents etc. Which being an act of great consequence to yor. Majesty's revenue, we thought proper before we represented our own sentiments of it to your Majty., to lay the same before we Lords Commissioners of your Majesty's Treasury etc. Quote their reply, v. 6th Oct. Continue: We have also reced. great lights upon the several points contained in this act, from ye papers that have been transmitted to us by Mr. St. John, Deputy Auditor of So. Carolina, as well as from the report of Mr. Whitaker etc. And we beg leave to take notice, that soon after your Majesty had been pleased at a very considerable charge, to purchase the sovereignty of ye Province, together with seven eighth parts of the land thereof, and the same proportion of the quit-rents alledged to be due and in arrears from the inhabitants to the late Lds. Proprietors, yor. Majesty was graciously pleased, as a mark of your royal bounty, and fatherly indulgence to ye people of this Province, to impower yor. Governor to give his assent to a law for remitting the said arrears, provided the Assembly should by the same law repeal one formerly consented to by the Lords Proprietors, to ascertain the prices of and, forms of conveyances etc., and should thereby provide that all possessors of land, in that Province, should forthwith register the respective grants, by which they claimed such lands, in the office of yor. Majesty's Auditor General or his Depty., copies of which register and of all grants to be made for the future, should be transmitted to your Majesty, and to your Commissrs. for Trade and Plantations, and that every person possessing land in ye said province by virtue of any grant from ye late Lords Proprietors should for ye future pay to Yor. Majty. your heirs and successors, the annual quit-rents reserved upon such lands respectively, in Proclamation mony. Other Instructions were also given at ye same time by yor. Majesty to ye said Governor for ascertaining and collecting your Majesty's quit-rents there, which were calculated for ye common and reciprocal interest of the Crown and the people of that province etc. Enclose copies of papers relating thereto. Continue: But altho' the act in question hath been passed under colour of these Instructions, yet we cannot help agreeing in opinion with ye Lords of your Majesty's Treasury, that it is very far from answering the intent of them; and we find ourselves humbly obliged to represent to yor. Majesty, that this is a very partial act, calculated for the interest of some particular inhabitants of So. Carolina, to ye prejudice of your Majesty's just rights and claims in that Province; that new and exorbitant advantages are therein stipulated for the benefit of particular persons, in the strongest terms; obsolete and void grants of vast tracts of lands thereby revived and confirm'd, to the great discouragement of such persons as might be disposed to settle and cultivate the same, the value even of the ancient quit-rents diminished; the lawfull power and rights of ye Crown invaded and neglected; and both the establishment and collection of yor. Majesty's quit-rents so ill settled and regulated as to be left impracticable or at least very precarious. For these reasons therefore we beg leave to lay this act before your Majesty for your disapprobation, and we would at ye same time, humbly propose that yor. Majesty should be pleased to refer the same, together with all ye papers thereunto annexed, to ye consideration of yor. Majesty's Attorney and Solicitor General, directing them to prepare the draught of a bill for the ascertaining and more easy collecting of your Majesty's quit-rents in that Province, and for the due payment thereof in Proclamation mony, agreeable to the intention of your royal Instructions; that your Majestie's bounteous design of remitting to the inhabitants all arrears of quit-rents due at the time your Majesty purchased this Province from ye Lords Proprietors may take place and produce ye desired effect, and that in the said bill proper provision may be made as well for preserving the rights and prerogatives of the Crown as for encouraging the settlement and cultivation of the sd. Province, and that your Majesty's Governor of South Carolina may be instructed to recommend ye same to the Assembly. [C.O. 5, 401. pp. 54–61.]
Nov. 1.432. Power granted by the Common Council of the Trustees for Georgia etc. to James Oglethorpe to direct the granting the 5000 acres of the Trust grant to Christie etc. (26th Oct.) and the execution of their trust. Copy. [C.O. 5, 670. pp. 11, 12.]
Nov. 1.433. Powers from Same to Same for setting out the sd. 5000 acres, and for granting licences to pass out of Georgia. Copy. [C.O. 5, 670. pp. 13, 14.]
Nov. 2.434. Letters Patent by the Trustees for Georgia etc. erecting and constituting a Town Court of Savanah. Copy. [C.O. 5, 670. pp. 14–17.]
Nov. 2.435. Council of Trade and Plantations to Lt. Governor Armstrong. Acknowledge letters etc. of 5th Oct. and 16th Nov., 1731, and 10th June last. Continue: Alt ho' the dispute arising from Coll. Philipps having appointed Major Cosby President of the Council seems at present to subside by his having withdrawn himself yet we thought it necessary to observe to you upon this occasion that no Governor has a right to alter the rank of any Councillor, and you are to take notice that the eldest Councillor upon the list of Councillors appointed by virtue of H.M. Commission or Instructions is always to act as President of the Council and to take upon him the Government in the absence of the Governor and Lieutenant Governor of the Province, for whatever rank any person may have out of the Council yet in the Council he must submit to the law of seniority which in civil government ought never to be dispensed with, but by H.M. especial order under his Sign Manual. We have little to say to you at present relating to the passing of grants for land, as you must before now have received H.M. Additional Instructions whereby you are impowered to grant land notwithstanding the Surveyor General may not have laid out the 300,000 acres of wood land, for H.M. service, provided that for every grant of land, you make, the Surveyor General, do lay out an equal quantity of wood land for the King's service at the same time; a copy of which Instruction is herein inclosed. And as it will always be most advisable for you steadily to adhere to the letter of your Instructions; this matter can want no further explanation from us. We have considered what you wrote about the tracts of land claimed by the Seignors in Nova Scotia. It does not appear to us that they are entituled to claim under the Treaty of Utrecht; and altho' yr reasoning upon the Queen's letter with respect to the power thereby given to the French inhabitants, to dispose of their estates may be just and true; and that it may be reasonable that the immediate possessors of land should enjoy what they have actually cultivated, yet as to any other claims of large extent we think they should state their respective titles in their own way, that you may transmit them to us; for without this, we shall not be in condition to take the opinion of H.M. Attorney and Solicitor General what right, or whether they may have any at all. In your letter of the 5th of October you propose ye appointment of Justices of the Peace among the French inhabitants; it were to be wished that any English gentlemen lived near enough to that neighbourhood to administer justice amongst them, for no man can act as Justice of the Peace in any part of H.M. Dominions that does not qualify himself by taking the usual oaths appointed by Act of Parliament to be taken by all officers and magistrates. In the same letter you desire we will send you a table of fees to be taken upon the making out grants of land: but we cannot take upon us to give you any authority for this purpose, yet we believe the. persons that keep advantage from grants of land will have a reasonable consideration for the trouble of the King's officers provided the same do not exceed what is commonly paid in other colonies. We are very much obliged to you for having given us so particular lights into the state of Nova Scotia. We shall endeavour to make the best use we can of them, and when we have done so, you shall hear further from us. For the meantime we would advise you to keep a strict eye upon the French missionarys that they do not encrease in number beyond what is necessary for the service of the French inhabitants; and to repeat the Orders to the people settled upon the River of St. John, to retire out of the Province, they being, as we suppose, no part of the old French inhabitants in Nova Scotia and consequently not entituled to any of the benefits of the Treaty of Utrecht. So we bid you heartily farewell etc. [C.O. 218, 2. pp. 263–267.]
Nov. 2.
No. Carolina.
436. Governor Burrington to Mr. Popple. Abstract. Acknowledges letter of 21st June and duplicate of 10th June, 1731, answered by him on 10th May. Abundance of saw-mills are erecting for the timber trade. Trade increases pretty fast and the province flourishes, but awaits orders from the Board before altering laws. Refers to his letter of 20th Feb. etc. Indian affairs continue satisfactory. Small acts of hostility now and then in hunting occur between their Indians and the Cataubes of S. Carolina, but these they consider to be for their advantage, since the Indians love and will be doing a little mischief, and would rather they should do it upon their own tawny race etc. Has been delayed by his sickness in settling the Militia, but will soon set out to finish it etc. Set out, N.C. Col. Rec. III. 368. Signed, Geo. Burrington. 1 2/3 pp. Endorsed, Recd. 10th April, 1733, Read 1st Aug. [? 1734. Ed.]. [C.O. 5, 294. ff. 114–115, 116 v. (with abstract).]
Nov. 3.
S. Carolina.
Charles Town.
437. Governor Johnson to the Council of Trade and Plantations. In pursuance of Your Lordship's commands signified to me by Mr. Popple's letter of the 16th June last, I have strictly inquired into, and do now transmit your Lordships the best account I can of the laws made, manufactures sett up or trade canyed on here, that do in any way affect the trade or navigation of Great Brittian, and shall punctualy obey your Lordships' commands in transmitting to you annualy such an account. And first for the Laws, there are not any that I can learn more than one for laying a duty of one half per centum on goods imported from Great Brittain for paying and supporting a watch in Charles Town, which will expire the next Session of the General Assembly, and shall not be again revived, H.M. having instructed me to the contrary. Secondly as to manufactures that may interfere with those of Great Brittain, here are scarce any worth naming, some few fine hats are made but not a tenth part of what we import from Great Brittain, some calves' skins for shoe leather are manufactured, but no large quantity, from 12 to 15000 sides sole leather are annualy shipt off to the other Brittish settlements, but a greater value of shoos are imported from Great Brittain, for men, women and children. About 2000 yards of course cotten with wollen mixt cloth for negro clothing is annualy made here, but above 70,000 yards, imported from Great Brittain for that use. Our staple commodities which are exported are rice one year with another about 50,000 barrels each 400 lb. nett. Great quantitys of tarr, pitch, turpentine and deer skins, some attempts have been made to produce silk, hemp, flax, pottash, and very lately scale board and lampblack, but not any of the former have afforded the undertakers a suitable encouragment; and the two last are still on tryal. Our staple commoditis are chiefly exported to Great Brittain, from whence we receive all our linnens, cottons, wollens, and India goods, coarse and line hatts, thread, worsted, and silke hose, great quantitys of shoos for men and women, and great numbers of negros from Africa, which makes the ballance of trade much in our disfavour and consequently renders it difficult if not impossible to retain any gold or silver coin amongst us. The other branch of our trade to the Brittish Plantations is very inconsiderable, but the ballance of trade with them also is in our disfavour, which causes them to return our produce to Great Brittain, which they receive for our ballance. To those places we send pitch, tarr, rice, turpentine, tann'd sole leather, and light deer skins, Indian corn, and pease, small or refuse rice, pine, and ceedar, boards, oak staves and heading, barrelled pork and beef. And have in return flower, biscuits, some axes, cyder, rum, sheep, some few horses, aples, and onions, molasses, muscoveda sugas, lyme juice, and cocao. The shipping belonging to the Province are but few, not more than one brigantine, and four or five small sloops etc. Signed, Robt. Johnson. Endorsed, Recd. 22nd Dec, 1732, Read 27th Aug., 1735. 3 ½ pp. [C.O. 5, 364. ff. 155–156 v., 157 v.]
Nov. 3.
Whitehall.
438. Mr. Popple to Mr. Spurrier. In reply to petition from Poole, encloses Mr. Fane's opinion on Act for encouraging the Greenland Fishery etc. [C.O. 195, 7. pp. 278, 279.]
Nov. 4.
Sheerness,
Lisbon.
439. Capt. Fytche to Mr. Popple. I desire you to communicate the inclosed to the Honble. the Lords Commissioners for Trade and Plantations, and that the season for the whales comeing upon that coast, being just come in don't doubt but they will make succesfull voyages; by the encouragement they have already mett; I am well assured by the principal person concerned in that Fishery that double the number of sloops will be there both on the codd and whale fishery next year etc. Will transmit his answers to Heads of Enquiry on arrival in England. Signed, Robt. Fytche. Endorsed, Recd. 21st Nov., 1732, Read 6th March, 1732/3. 1 p. Enclosed,
439. i. Scheme of Whale Fishery at Canso, 1732. Sloops from New England, of 40 to 50 tons burthen; 14 men and 2 boats to each sloop. 22 whales killed between 1st Sept. and 8th Oct. 2000 tons of oil made, at £12 pr. ton, 12,000 lb. bone at 2s. 6d. pr. lb. Several sloops returned to New England besides, with whale on board, not having casks to preserve their oil. Signed and endorsed as preceding. 2/3 p.
439. ii. Scheme of Fishery at Canso, 1732. British ships, 1 of of 50 tons; sack ships, 12, of 50 to 100 tons burthen; American ships, 8, 30 to 50 tons; schooners and sloops, 80, of 15 to 36 tons. Men belonging to British ships, 6; sack ships, 105; to ships from America, 41; to schooners and sloops do., 450, 4 by boats kept by the latter. Passengers, none. Quintalls of fish made by British Fishing ships, none; by ships from America, none; by schooners and sloops from do., 25,176; by inhabitants, 1200; carried to foreign markets, 26,370; to New England, 500. Train oil, made by inhabitants, 10 tons. Price of fish, 12s. 6d. pr. quintal; of train oil, £12 pr. ton. Tars, and seal oil, stages and train fats, none. Inhabitants, exclusive of garrison, 20. No fishermen stayed the winter. Same signature and endorsement. 1 p. [C.O. 217, 6. ff. 141, 142–143 v., 144 v.]
Nov. 6.440. Charter party of the ship Ann, 200 tons, between Samuel Wragg, of London, part owner, and John Thomas, master, and the Trustees for Georgia etc., to sail from Gravesend to Beaufort Town, S. Carolina, with merchandize and from 70 to 100 passengers. The passengers to have four beef days, two pork days and one fish day in every week. The ship to carry 84 butts of water, 8 tons of beer, forty cwt. of beef, 19 cwt. of pork, 60 cwt. of bread, with a sufficient quantity of fish, flower, pease, butter, suet and plums. The passengers to be served out daily their allowance, to wit, for every mess of five men, on beef days, 4 lb. beef and 2½ lb. of flower and ½ lb. of suett or plumbs; on pork days, 5 lb. of pork, 2½ pints of pease; on fish day, 2½ lb. fish, and ½ lb. butter. Each man to have 7 lb. of bread, of 14 oz. the lb., pr. week and two quarts of beer pr. diem, for 6 weeks. 35 cradles to be built between decks and unloaded at Beaufort. £4 sterl. to be paid pr. head etc., persons aged 7 to 12 to count two for one, 2 to 7, three for one etc. [C.O. 5, 670. pp. 27–30.]
Nov. 7.441. Commission by the Trustees for Georgia etc. appointing Peter Gordon first bailiff, William Waterland second, and Thomas Causton third bailiff, and Thomas Christie Recorder of Savanah, and Joseph Fitzwalter and Samuel Parker Constables and John West and John Penrose tything men. Copy. [C.O. 5, 670. pp. 17–20.]
Nov. 7.442. Commission by Same appointing Peter Gordon, William Waterland, Thomas Causton, Thomas Christie, George Syme, Richard Hodges, Francis Scott and Noble Jones Conservators of the Peace in Savanah. [C.O. 5, 670. p. 21.]
Nov. 7.443. Commissions by Same empowering James Oglethorpe to administer the oaths to baliffs, recorders, constables and tything men and conservators at Savanah. [C.O. 5, 670. pp. 22–25.]
Nov. 8.
Kensington.
444. Circular letter from the Duke of Newcastle to H.M. Governors of Barbados, Carolina, S. and N., Virginia, Maryland, N. York, N. Hampshire, Maryland and Pennsylvania. Mr. Oglethorp a member of Parliament and one of the trustees appointed by H.M. Letters Patent for the settling of a colony of H.M. subjects on the borders of Carolina, being willing to go in person thither to inspect its first establishment; I desire that if yr. Lordsp. can any way contribute to the success of an undertaking, from which so much advantage may be expected to the Trade and Navigation of this Kingdom, as well as a considerable addition to the strength and security of H.M. Colonies in America, you will give him all the assistance in your power, and any personal acts of friendship and civility that you shall do him, will particularly oblige me, who am with great truth and regard, my Lord etc. Signed, Holles Newcastle. Copy. [C.O. 324, 36. p. 279.]
Nov. 8.445. Commission by the Trustees for Georgia etc. empowering Henry Herbert, Doctor of Laws, to perform ecclesiastical offices in Georgia, he having generously offer'd to go and assist in settling the Colony by performing all religious and ecclesiastical offices etc. [C.O. 5, 670. p. 30.]
Nov. 10.
South
Carolina.
446. J. Hammerton to Mr. Delafaye. I was so troublesome to you when in England that I should not repeat it againe at this time but on this particular occasion. The Assembly in making their Quit Rent Act, have taken upon them to provide and dispose of what H.M. has granted in the patent to Mr. Bertie and myselfe, the place of Register. By the patent the King has been pleased to grant for our lives or the longer liver the employments of Secretary and Register of this H.M. Province. The patent bears date 11 Feb. eight months before the act was made, and I imagine they might as well a' provided for the surchargs as that, we having the same right to one as 'tother; the Registry is worth sixty pounds pr. ann. sterl.; and the Secretary does not exceed £200 a year, out of which I am obliged to pay Mr. Bertie £80 a year, and a Clerke here £40. Prays that the Duke [of Newcastle] may take notice of it in Councill when the said act is in debate, etc. Continues: The people here are in great confusion about their lands and quit-rents, wch. they don't care to pay, they are very obstinate and very opinionated, and without the Parliament settles the laws here, nothing will be done with 'em, in the Northern Provinces it is the same, they all believe themselves men of greater capasitys than all the Council and Senate of England, etc. P.S. I beg my humble service to Mr. Forbes. Signed, J. Hammerton. 3 pp. [C.O. 5, 388. ff. 51–52.]
Nov. 10.
Boston.
447. Mr. Willard to Mr. Popple. Encloses Minutes of Council of the Massachusetts Bay, March—August, and of Assembly for session in May and acts then passed; also Treasurer's general accompt for 1730, which was not pass'd by the Court till the last session. His accompt for the last year is not yet pass'd etc. Requests receipt. Signed, J. Willard. Endorsed, Recd. 22nd Dec, 1732, Read 23rd Feb., 1732/3. Holograph. 1 p. Enclosed,
447. i. Accounts of the Treasurer and Receiver General of the Massachusetts Bay for 1730. Totals:—Receipts, £175,682 17s. 11d. Expenditure, £135,462 15s. 3d. Balance, £40,220 2s. 8d in Province bills. Signed, Jer. Allen. Copy, Certified by, J. Willard. Endorsed, as preceding. 26¾ pp. [C.O. 5, 875. ff. 43, 44–57, 58 v., 59 v.]
Nov. 12.
South
Carolina.
448. Mr. Hammerton to Mr. Popple. Encloses following, which he requests may be laid before the Board. Has written to Mr. Bladen etc. Signed, J. Hammerton. Endorsed, Recd. 9th Jan., 1732/3, Read 17th Sept., 1735. Addressed. Postmark. 1 p. Enclosed,
448. i. John Hammerton to the Council of Trade and Plantations. 10th Nov., 1732. Petitioner and Edward Bertie obtained a patent under the Great Seal for the employments of Secretary and Register of S. Carolina. On petitioner's arrival there, he found to his great surprise the Assembly (in the Act for the remission of the quit-rents) had taken the branch of Register out of his office, and had disposed of it as they thought fit. The King's patent was dated 11th Feb., 1731/2, eight months before that act was made. Believes that this is the first time an Assembly has presumed to take to themselves an employment previously given as a freehold by the King. Prays that the clause in the said Act may be repealed etc. Signed, John Hammerton. Endorsed as preceding. 2 pp. [C.O. 5, 364. ff. 237, 238, 238 v., 239 v., 240 v.]
Nov. 12.
Philadelphia.
449. Lt. Governor Gordon to the Council of Trade and Plantations. Your Lordships' commands signified in a letter from your Secretary dated the 16th of June last, enjoyning me to transmit what further or more particular accounts I can of any laws made, manufactures sett up or trade carried on in this Province, which may affect the trade navigation and manufactures of Great Britain, did not reach my hands till the 28th ulto. On these heads I did myself the honour to write fully and truly to your Lordships in a letter dated the 10th of last November, since which time no change has hapned in the affairs of this Province, as fas as I know or can be informed, that may necessarily require any addition to, or alteration from, the account then given, of which I here inclose a copy and humbly beg leave to refer your Lops, thereto etc. P.S. The ship that brings this, would have sailed about the middle of November, but a frost then setting in, and continuing till the end of last month, the navigation of this river has all that time been quite obstructed by the ice, to the great damage of the whole Province. March 6th, 1732/3. Signed, P. Gordon. Endorsed, Recd. 9th May, 1733, Read 17th Sept., 1735. 1 p. Enclosed,
449. i. Same to Same. Philadia. 12th Nov., 1731. Replies to queries of 10th June etc. Continues: I know not of one law in force in this Province that can in any wise affect the trade, navigation or manufactures of Great Britain, nor do I know of any trade carried on here that can be injurious to that Kingdom: for as the merchants and trading people of this Colony principally depend on the British trade, it is their manifest interest to carry that to the greatest height they are capable. Of manufactures we have neither woollens, nor linens that are exported, but as this country chiefly depends on, and subsists by, raising of wheat, with some tobacco in the lower Counties, all that the husbandmen can spare from the sustenance of their families is commonly sold by them to pay for the British and West India goods they want, and they are so far from laying up any thing in store out of their crops, that they are too generally in debt; and if they were not industrious in making some cloathing especially the coarsest sorts for themselves, their families must be left naked. Yet I have never heard that so much as one peice of woollen made in the country has been sold from the makers; those from the north of Ireland and Germans, of both which we have considerable numbers, have sometimes sold a peice of linen or two of their own making to their neighbours or others, for the buyers' own use, but, as I have said, none for exportation. The merchants and traders of this Province use their utmost industry in contriving methods to make returns for the British goods imported, and if more of such returns could possibly be made more of such goods would be purchased. Therefore all restraints on the people to prevent their furnishing themselves with necessaries by their own industry, as cloathing, iron work for building ships, houses, and the utensils of husbandry, as some have inconsiderately proposed, would have no other effect than to render so many of H.M. subjects much more miserable and altogether useless, without bringing any manner of benefit to Britain; for as no man sells goods but in expectation of being paid and as the country, as the case now stands, purchases as much of British goods as it can possibly pay for, 'tis in vain to oblige the people to buy more that is, what they cannot pay for. The only method therefore to make these countries more profitable to Britain I conceive with submission would be to encourage them to raise some other produce than they have hitherto been accustomed to. The rent for wheat flour and bread depends on the crops of other countries and is therefore uncertain. Returns by tobacco, peltry, pitch and tarr (which two last we receive from our neighbours) and by building of ships is somewhat more sure. It has been thought that iron would be a more certain return, but those concerned in these expensive works have from the lowness of the price in Britain been disappointed in their expectation. An encouragement has been given by our Assemblies for raising of hemp, but no great progress has hitherto been made in that commodity, tho' in time it may be more considerable. But I have earnestly press'd it on our Assemblies to promote the making of raw silk, for which this country seems to be as well fitted as most in the world, but persons skilled in winding it from the balls are wanting, and scarce any here can fall into the method, so that very small advances have hitherto been made in this produce; yet as raising of silk is said at first to have gott footing but by very slow steps even in so populous a country as France, by proper encouragement, 'tis not improbable but in time it may also obtain in these parts. Signed, P. Gordon. 2¼ pp. [C.O. 5, 1268. ff. 156, 157–158, 159 v.]
Nov. 14.
No. Carolina.
450. Governor Burlington to the Council of Trade and Plantations. Abstract. Acknowledges letter of 20th June and awaits commands therein promised. Does not understand their remark that his references to the late Chief Justice Smith are "couched in a very extraordinary style, couching being not customary to me," but admits that his description of Baby Smith requires explanation. Explains the origin of this nickname, and that Smith, a very idle drunken fellow was the son of a smuggling and bankrupt trader, though "horribly given to fibbing, and boasting of his family and interest." Ashe is the natural son of a Wiltshire gentleman. On his first coming as Governor, he found him a poor clerk, but gave him a good place and caused him to be chosen Speaker. On returning to England, he left him in charge of his affairs, but on his return found himself £1000 poorer, and Ashe become rich. He was very civil to him, however, until Ashe endeavoured to fix a vile scandal upon him in the affair of Sate and Harnett. Ashe endeavoured to obtain money for a voyage to England as Agent (with Baby Smith) for the Province with intent to ruin the Governor; but failing to raise the money, remained in Carolina. But he assisted in composing a sett of horrid crimes calculated to make him odious and delivered in a petition to H.M. by Smith. "I have had several controversys in writeing with the said Ashe, the last not being gone home I send by this conveyance to Coll. Bladen etc., a Gentleman all men that have the honour to know will allow to be an excellent judge of such compositions." Explains his phrase about Smith wanting an Instructor in Hanover Square etc. Knows his conduct to be blameless and his enemies vile and implacable etc. Expresses his esteem and respect for the Board. Transmits drafts of Beaufort and Ocacock harbours. Next month will send a full state of the Colony and Journals of Council. "I had agreed to give ten guineas for a map of the country which was drawn for me but is sent as I am told a present to Col. Bladen which is better then if I had pay'd for it, being at this time very poor." Set out, N.C. Col. Rec. III. 370. Signed, Geo. Burrington. Endorsed, Recd. 11th April, 1733, Read 1st. Aug., 1734. 2¾ pp. [C.O. 5, 294. ff. 117–119 v. (with abstract); and (abstract only) 5, 327. ff. 20 v., 21.]
Nov. 14.
Whitehall.
451. Council of Trade and Plantations to the King. Propose Charles Bridgwater jr. for the Council of Nevis in the room of John Richardson deed. [C.O. 153, 15. p. 134.]
Nov. 14.
Whitehall.
452. Council of Trade and Plantations to the King. Propose Thomas Applewaite for the Council of Barbados, in the room of Hugh Hall, deed. [C.O. 29, 15. p. 303.]
Nov. 15.453. Memorial of George Burrington to the Duke of Newcastle. Complains of misrepresentation by William Smith C.J., etc. Although one year is past since Smith obtained an Order in Council for examining witnesses in order to prove his allegations, nothing has been done on his side. Prays that a time may be fixed for him to prove his charge. Complains that Smith, Rice and Montgomery have not assisted him according to their duty, but done everything to injure his authority etc. Set out, N.C. Col. Rec. III. 373. Signed, Geo. Burrington. 1 large p. Duplicate. [C.O. 5, 308. No. 15.]
Nov. 15.
Annapolis
Royall.
454. Lt. Governor Armstrong to the Duke of Newcastle. Acknowledges letter of 25th Sept., 1730, received late this spring, relating to damages inflicted on H.M. subjects by pirates fitted out from Spanish islands etc. Refers to his letter and return to the Board of Trade on the present state of the Province (v. 10th June). Continues: Which, especially this corner of it, I am sorry should be in such a poor condition etc., after having been upwards of 21 years (which may be said imaginarly only) under the English Government, for the inhabitants here being all French and Roman Catholicks, are more subject to our neighbours of Quebeck and those of Cape Breton than to H.M., whose Government, by all their proceedings (notwithstanding of their oath of fidelity) they seem to despise, being intirly governed by their most insolent preists, who for the most part come and go at pleasure, pretending for their sanction the Treaty of Utrecht, without taking the least notice of this Government, in spite of all endeavours used to the contrary etc. Refers to his letters to the Board of Trade on these points etc. Continues: I hope to be honoured with such directions as may enable me to take such measures as may curb their insolence, and preserve H.M. Sovereignty etc., without being interpreted an infringement upon any treaty, or the liberty of the subject; for which purpose, as I have wrote to their Lordships, I presume also to inform your Grace, that under the disguise of a magazine, I have ordered a house to be built at Menis, where I design to fix a company for the better government of those more remote parts in the Bay of Fundy and as I hope to perfect it, notwithstanding of all the oppositions I meet with from the rebellious spirits in these parts, incited to oppose it by the Governor St. Ovid, cost what it will, so I flatter myself, as it may be agreeable to H.M., whose service is my cheif view, that it will meet with your Grace's approbation, these people being of such a rebellious disposition. I must also inform your Grace that the Indians are employed in the affair, and use for an argument, that altho' the English conquer'd Annapolis; they never did Menis and these other parts of the Province; and in consequence of such arguments instilled into them, they have actually robbed the Gentlemen of the coalliary by Chickenechua, destroyed their house and magazine built there, through pretence of a premium or rent due to them for the land and liberty of digging; In this manner they now show their insolence to obstruct the setling of the Province, being thereunto advised, as I have been informed, by Governor St. Ovid, who tells both them and our French inhabitants, that if they permitt such designs of the English to succeed, that the Province will be intirely lost: And as such proceedings of the French destroys their allegiance, and those of the Indians, the Articles of Peace concluded with them both here and in New England; I must upon these circumstances beg your Grace's advice, and acquaint you that in case of a rupture, the four Companys at Canso (from whence a detachment of 30 men is ordered to assist and attend Col. Dunbar, H.M. Surveyor General of the Woods, and the British interest there), will be in great danger, having no manner of cover or place of defence, or any where to lodge amunition or ordnance stores, which I hope will be taken into consideration, to prevent that place, which is of such great consequence to Britain, from falling into the possession of any other monarch, which would certainly much affect the trade of Great Britain, as well as the American Provinces which depend thereon, it being one of the cheif places in America for the catching and curing of fish: for which reason, ever since I settled it, after the reprisals made by our neighbours of Cape Breton, upon the action of Captain Smart, they still are in hopes of regaining it, which I hope your Grace will endeavour to prevent, by moving H.M. to have it fortifyed; for it should at any time be retaken (considering that our French inhabitants are all at their devotion) H.M. authority through the whole Province must consequently drop; and the trade and navigation of Great Britain much impair'd, as it will also evidently affect the British plantations. They are not only strongly fortifyed at Lewisburgh, but they are carrying on a Fishery at Cape Gaspy, where it is said more ships now resort, than to Lewisburgh, and of no less force than from thirty to fourty guns; and they are also vigorously carrying on the settlement of the Island of St. John; which proceedings of the French, as they will much affect this Province, I have therefore judged proper to represent them for your Grace's consideration. We have as yet no Assembly, and consequently no laws properly enacted here, nor any other Court of Judicature, except the Council; and as all acts and orders proceeding from thence are slighted and despised by the most part of the inhabitants, who live more like savages than the natives themselves, I have desired My Lords Commissioners for trade and plantations to favour me with advice, as there is here no other civil magistrates than the gentlemen of the Council, whether I may legally enforce the observance of said acts and sentences past in Council, by a military power, having no other civil authority than as aforesaid, nor any person duely quallifyed with the legal forms and practice of the law etc. Has also proposed the constitution of an Assembly and hopes for directions etc. Refers to his letter to the Board. P.S. Encloses following and hopes for directions. Concludes: But as the inhabitants applyed to me for said two preists, I must observe that they have so far alter'd this present case for that of their former practices. Signed, L. Armstrong. Endorsed, R. June 12. 5 pp. Enclosed,
454. i. Governor of Cape Breton to Lt. Governor Armstrong. Louisbourg. 19th Sept. (N.S.), 1732. His absence prevented his answering letter of 17th June before. He now entrusts his reply to the two Missionaries "whom you ask for and the Bishop of Quebec has sent," etc. One, named M. de St. Poncis, is intended by the Bishop for Port Royal etc. I have strongly advised him to devote himself solely to the fulfilment of his spiritual duties, and strongly desired him not to meddle directly or indirectly in matters concerning the temporal power, and I flatter myself that in this he will follow my intentions, which will always be to live with you, Sir, in great submission, etc. The other Missionary is going to join M. de La Goudaly at Les Menis etc. Expresses lively regret at learning from his letter that he had occasion to complain of the latter. "He has not followed the advice I gave him on leaving here, which was always to conform to your wishes etc. You are master, Sir, to deal with Sieur de la Goudaly as you think fit, either to keep him or send him back etc. I wish with all my heart that the behaviour of this Missionary had been so conformable to your requirements that he had deserved the honour of your esteem, for in truth, Sir, it is very difficult to find workers to cultivate the vineyard of the Lord in a country so far from France as Annapolis Royal etc. Assures him of his lasting esteem etc. Signed, St. Ovide de Brouillan. French. Copy. 3 pp.
454. ii. Bishop of Quebec to Lt. Governor Armstrong. Quebec. 3rd Sept. (N.S.), 1732. Returns thanks for his protection of the Missionaries, and recommends M. de St. Poncy, bearer of this letter, etc. as encl. i. Signed, Dosquel, Evêque etc. French. Copy. 1 p. [C.O. 217, 39. ff. 50–54, 55]; and (abstract of covering letter) 217,30. ff. 31, 31 v.]
Nov. 15.
Annapolis
Royall.
455. Lt. Governor Armstrong to the Council of Trade and Plantations. Refers to former letters representing the unsettled state of the Province (v. 10th June etc.). Repeats part of preceding. In reply to Mr. Popple's letter of 16th June, requesting annual returns of laws and trade etc., encloses Minutes of Council, and an abridgment of the bullings and boundings of all patents granted since his arrival etc., "of which there is none of any great consequence but that of the coalliary, if duely improven and as to my granting of it, I was moved with as much caution as possible." (v. Minutes of Council.) Continues: I hope the Gentlemen will not be thereby dissapointed of their expectations in drawing other adventurers to the Province, as to which I caused an advertisement to be published, and transmitted a copy to your Lordships etc. If the bullings and boundings are not sufficient, will prepare copies of the patents at length. Continues: The French continue as disobedient to the Government as ever, both in respect of their own private affairs, as to what concerns the publick, for they despise all orders (of which I have sent copys for your perusal) and obstruct everything proposed for H.M. service, as to which I must also refer your Lordships to Major Henry Cope's declaration; and as Mr. Winniet flattly denys what is therein said against him, I could no ways prosecute it, for want of further proof; But in my humble opinion he is a very dangerous person to be of the Council, where there is anything of moment to be transacted, being not only related to a great many of the French by marriage, but a trader amongst them, and in order to ingratiate himself farther into their good opinion of him, for views of profite, is their chief adviser and agent, and ready to sacrifice the publick well to his own private interest. Enquires as to power to enforce acts as in preceding. Continues: Hitherto they slight all, both as to private and publick affairs; and as it is to be fear'd that without some legal coercive power, they will never be brought either to do mutual justice to one another (of which there are daily complaints) or to pay that respect which is due to H.M., so I hope your Lordships will inform me, whether I may not for such defaults, upon complaint made, by a military power, having no other civil, legally destrain or imprison, till such sentences or acts of Council are duely obeyed etc. Continues: I design'd to have visited Menis and several other parts of the province, but Lieut. Governor Cosby's comportment etc. hath intirely defeated my designs, etc. Hopes for a decision upon their dispute, Cosby having refused to serve under his command etc. Requests answer to the Council's representation in relation to Governor Cosby's sitting president etc. Mr. Winniet his father in law behaves himself in manner as aforesaid etc., and with such contempt as to attend the Council but only when he pleaseth. Continues: I desire your Lordships' advice, whether upon such suspicions, his contempt, and the report made of his being the person that discovered and insinuated to the French or Indians, or both of them, the intent of the house ordered to be built at Menis, I may not therefore suspend him, such discoveries being of fatal consequencies, and highly dishonourable to H.M. Government, and I must inform your Lordships, that as Governor Cosby hath prevented my going to Menis, so hath the discovery made, as is said, by Mr. Winniet, hindered the finishing of the house for this season, tho' the materialls are all ready to be joyned together; the Indians being incited as well as our French inhabitants, by Governor St. Ovid, as I am informed, they went to consult, by all means, cost what it would, to obstruct it, otherways the country would be intirely lost; I must also inform your Lordships that such insinuations hath also affected the coaliary at Williamstoun by Chickenectua, for the Indians have under a pretence of a premium or rent due to them for the land and liberty of digging, plundered and destroyed the proprietor's house and magazine, as to which, and their insolent behaviour, I beg the favour of your advice, for they have thereby broke through the treatys of peace stipulated with them, both here and in New England, as well as such of the French as are their advisers and inhabitants here, have forfeited their oath of allegiance. If any rupture should happen, it shall not be my fault, as you may judge from my orders on the Minutes of Council; But I must beg leave to inform your Lordships that the four Companys at Canso from whence is detached a party of thirty men with two officers, to attend and assist Colonel Dunbar at Frederick's Fort, and the place itself, if such a thing should happen, will be in very great danger of being lost, having no place of defence, not anywhere to place a sufficient quantity of amunition and ordnance stores etc., besides being at such a distance, and having but seldom any conveyance, we can send them but little, if any assistance from hence; and I must also inform your Lordships, that the French have an eye upon that place ever since my endeavoure of settling it upon their reprisals made for the action of Captain Smart; It is, if duely considered, a valuable place, and therefore I hope you'l endeavour to have it fortifyed, for if it should be retaken, H.M. authority in this Province must consequently also drop; for they are not only strongly fortifyed at Lewisburgh, but are vigorously carrying on the settlement of the Island of St. Johns, where they already have a great many familys; and as I am informed will have a great many more next year; Besides they have, by the same information, settled a Fishery at Cape Gaspy, where more ships resort to at present than to Lewisburgh, and of no less force than from thirty to fourty guns and as all such proceedings (considering also that our inhabitants are at their devotion) may create a jealousy; I thought therefore proper to communicate the same to your Lordships etc. Signed, L. Armstrong. P.S. Encloses letters for Bishop of Quebec and Governor of Cape Breton. (v. preceding). Endorsed, Recd. 6th March, Read 18th Oct., 1733. 5 large pp. Enclosed,
455. i. Lt. Governor's Orders and Proclamations, 21st Aug., 1731—11th Sept., 1732. Same endorsement. Copies. 16 large pp.
455. ii. Lt. Governor Armstrong's letters (i) to Major Cope and Company, in relation to the colliery at Chickenectua, 16th Nov., 1731; (ii) to Alexander Bourg, the King's Procurator at Menis, to proceed with the collection of H.M. rents etc. and render an account of them. 28th March, 1932; (iii) to Col. Dunbar, requesting him to send Deputys to make a survey, there being several people who desire grants etc. 21st April, 1732; (iv) Report of the Committee of Council on the state of Nova Scotia. 29th May, 1732; (v) Lt. Gov. Armstrong to the Governor of Cape Breton, forwarding application of the "inhabitants of this River" for two priests, whom he desires him to send. If they act with discretion, they will have the liberty and protection promised by the Treaty of Utrecht. De Godalie has both behaved basely, and, to excuse himself, given himself the lie in his letters etc. 17th June, 1732; (vi) Same to the Deputies of Menis. Hearing that some Indians, prompted by evil-minded persons, have threatened the person employed to prepare the timber for the magazine intended to be built there, commands the inhabitants not to molest the undertaking etc. 1st Aug. 1732; (vii) Same to Governor Belcher. 11th Sept., 1732. It is apparent to everyone, that all our troubles proceed originally from the French by the influence they have over the Indians, which they will always maintain, while our English merchants employ them to sell their goods to the Indians, whereby they keep us at a distance, make the latter depend upon them, engross the whole management of the fur trade, and run away with the profite etc. Thinks that if brick houses were erected in this province, as in Massachusetts, especially at St. John's River, it would be a means of bringing those Indians, the most powerful tribe in the province, to entire dependence upon them. But as no fund can be raised here, proposes that it be submitted to the General Court of Massachusetts that a house may be erected at the expence of that Government on the same footing as that at St. George's etc. The whole endorsed as covering letter. Copies. 12 pp.
455. iii. Minutes of Council of Nova Scotia. 19th July, 1731—11th Sept., 1732. Same endorsement. 26 1/8 pp.
455. iv. Abstracts of grants of land by Governor Philipps and Lt. Governor Armstrong. 3rd July, 1731—25th July, 1732. Grants to Major Alexander Cosby; Peter Blin of Boston; Major Henry Cope and Co.; Major Paul Mascarene; Samuel Douglass; James Horlock; John Dyson; Capt. John Jephson; John Hansole; Francis Wetherby. Same endorsement. 10 pp.
455. v. Governor Belcher to Lt. Governor Armstrong. Boston. Oct. 9, 1732. Will submit his proposal (v. encl. ii.) to the Assembly, but doubts his success, as it would not be in the power of that Government to command the block-house and its own goods etc. Thinks the Province may be brought to send a sloop with goods for the Indians, spring and fall etc. Signed, J. Belcher. Same endorsement. Copy. 1 p.
455. vi. Bishop of Quebec to Lt. Governor Armstrong. Quebec. 3rd Sept. (N.S.), 1732. He commends to his protection a priest he is sending, as requested, to Annapolis Royal. Proposes to visit him on his return from France etc. Signed, Dosquel, Evecque de S. A. de Quebec. Same endorsement. French. Copy. 1 p.
455. vii. Governor of Cape Breton to Lt. Governor Armstrong. Louisbourg. 19th Sept. (N.S.), 1732. Recommends two priests, M. de St. Poncis and de la Goudaly, as preceding, whom he has instructed to devote themselves to their spiritual duties and to obey the Governor etc. Same endorsement. French. Copy. 3 pp. [C.O. 217, 6. ff. 208–210, 213–220 v., 221 v., 223–248 v., 249 v., 250, 251, 252–253 v., 254 v., 255 v.; and (abstract) 205–206.]
Nov. 15.
Whitehall.
456. Mr. Popple to Mr. Scrope. Requests 100 copies of each of the four following acts, passed in 1730 and 1731, for the use of the Plantations: (1) Act for importing from H.M. Plantations in America, directly into Ireland, goods not enumerated in any Act of Parliament; (ii) for the more easy recovery of debts in H.M. Plantations and Colonies in America; (iii) to prevent the exportation of hatts out of any of H.M. Colonies or Plantations in America, and to restrain the number of apprentices taken by the hat-makers in the said Colonies or Plantations, and for the better encouraging the making hats in Great Britain; (iv) for encouraging the growth of coffee in H.M. Plantations in America. [C.O. 324, 11. pp. 311, 312.]
Nov. 15.
Bermuda.
457. Governor Pitt to Mr. Popple. Encloses following and repeats contents of letter of 27th May. Begs him to remind the Board of it, that he may have an answer soon, "the third season comeing in March when 1 should be glad to know H.M. pleasure. I have ordered Mr. Noden to waite on you, and hope that he gratefully acknowledges in my absence the services you do me." Signed, John Pitt. Endorsed, Read 21st Feb., 1732. 1 p. [C.O. 37, 12. ff. 118, 120 v,]
Nov. 15.
Bermuda.
458. Same to the Council of Trade and Plantations. Refers to proceedings of Assembly upon the recommendation to grant him an adequate salary in lieu of whale-licences, (v. 27th May). Continues: Since that time they have sat again, I have recommended it to them once more, their answer was, if I would accept of the act they had formerly made, allowing me £100 a year from the publication of the said act, without takeing notice of the two years they had the benefitt, which I conceive by H.M. Instructions is intended to be paid me as well as the succeeding years. I thought I could not in honour concur with the said act, till I should be favour'd from your Lordships with H.M. favour relating to it etc. Signed, John Pitt. Enclosed in preceding. 1 p. [C.O. 37, 12. f. 119.]
Nov. 15.
North
Carolina.
459. Governor Burrington to the Duke of Newcastle. Lays before his Grace the great injuries done him by William Smith, late Chief Justice, and his confederates; "who nefariously invented several matters very false and scandalous against him, with design to ruin and destroy his reputation, and procure his dismission etc. Refers to their petition (? v. 16th Sept.). Continues: Your Memorialist having read the same, was induced in vindication of his character to draw up a hasty answer: several gentlemen voluntarily (in Council) upon their oaths, proved the falseness of Smith's accusations, which answer and depositions were sent to England in the same month to be laid before your Grace. It is not to be supposed Smith and his accomplices will attempt to prove their assertions, knowing the whole to be only invented. They expected those complaints would be credited, and my ruine compleated by means of a great interest, they boasted to have in England: it was industriously reported throughout this country and by many believed I should be turned out of my present imployment when any complaints were lodged against me. Notwithstanding one year is past since Mr. Smith obtained an order of Council for examining of witnesses, in order to prove his allegations, yet nothing has been done in the matter on his side; for that reason your Grace is humbly prayed to prefix a time for him to make out and prove the charge, or on failure thereof he may suffer according to his demerits etc. It was oweing to the faults of some men that had the King's Commissions, the Assembly I held would do no business, many of the then members have since owned it, and expressed their concern for suffering themselves to be misled. I was unhappyly deserted by the persons H.M. appointed to assist in the administration; had an uncommon task to perform in this Government; which from the beginning continued loose and disorderly, under the faint rule of the Lords Proprietors; and came to nothing under Sir Richard Everard, their last Governor, who was sunk to so low a degree as to be contemptible, and the Government with him. Quit-rents, publick levies, and officers' fees were paid in Province bills at par; they are of so little value that to be paid in such manner men in offices could not live by their places, for which reason pursuant to H.M. 19th Instruction, that fees should be paid in Proclamation money, the Officers received their dues in bills, four for one, which is the rate they were issued at and to be received in payments, with respect to silver money, except in discharge of publick levies and officers' fees, but these bills are little more than half the value rated at, extraordinary endeavours were used with the people to perswade them, this was a grievous imposition, and burthen, and is made by Smith a cause of complaint, tho' himself, and some others his associates in this clamour always took their fees in bills at four for one and encouraged the inferior officers to do the same. For my own part the little inconsiderable perquisites accrueing to me as Governor, I offered to give up intirely to the Assembly, all this is proved by some depositions in support of my answer to Smith's calumnies. The said Smith, Mr. Rice the Secretary, and Montgomery the Attorney General have not assisted me, as the duty of their places required etc., but invent, and foment all things they believe may prove prejudicial to the authority of Government and cause uneasiness to myself. The inhabitants have been greatly solicited, to raise money by subscription for Mr. Ashe one of the Council, to go home and manage against me, but the people would not be drawn into so great a folly, declaring throughout the whole province their satisfaction on my conduct and gratitude for the services I had done them, when formerly Governor for the Proprietors and since (by your Grace's favour) honoured with the King's Commission etc. Designs a future paper on the exact state of the Province, "and how much I have promoted the welfare thereof at my own expence, it is now in a quiet orderly state, and flourishing condition. Refers to his services and those of his family at the Revolution etc. Signed, Geo. Burrington. Endorsed, R. 6th April (from Mr. Fury). 1 large p. [C.O. 5, 306. No. 24.]