America and West Indies
June 1736

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1953

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'America and West Indies: June 1736', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 221-234. URL: http://www.british-history.ac.uk/report.aspx?compid=72846 Date accessed: 24 July 2014.


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Contents

June 1736

1736.
June 1.
Montserrat.
330. Governor Mathew to Mr. Popple. Encloses duplicates of public papers sent by Capt. Keller, and an Act of Nevis for the qualifying persons to sit in the Assembly, "a most necessary law." Continues:—There was an intent to chuse persons of the lowest degree, to outvote the continuing the fortifications of that island, and every publick service, which this law, 'tis hoped, will defeat etc. Encloses acts of Montseratt for building a magazine, and putting in order the forts and batterys, and mounting the cannon thereon; and for ascertaining the value of all gold and silver coins passing in this Island, and introducing English copper coin. "This last being the same with the Antigua act, I need not repeat what I say to their Lordships on that act." Signed, William Mathew. Endorsed, Recd. — Oct. 1736, Read 4th Aug., 1737. Duplicate, Original not recd. 1 p. [C.O. 152, 23. ff. 2, 2 v.]
[June 2].331. Capt. Coram's List of the Lords and others who have consented to be Trustees for settling the Province of Nova Scotia with good Protestant Inhabitants, either H.M. subjects or foreign Protestants willing to become H.M. subjects :—The Duke of Montague, the Lord Viscount Torrington, the Lord de La War, the Earl of Granard, Sir Charles Wager, the Honble. Horace Walpole. The following are some of those I propose to invite:—the Earl of Derby, Sir Wm. Young, Edward Southwell Esq. and others. I did propose to myself to engaige the Citys of London and Bristoll and other trading towns in England, but have only engaig'd Bristoll and Liverpoole, but have not attempted to engaige the City of London. Signed, Tho. Coram. Endorsed, Recd., Read 2nd June, 1736. Holograph. 1 p. [C.O. 217, 7. ff. 171, 174 v.]
June 10.
Whitehall.
332. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the Queen.
332. i. Same to the Queen, Guardian of the Kingdom etc. In obedience to H.M. commands, 7th May, have considered the Representation of Mahomet, Chief Sachem of the Mohegan Indians, and been attended by him and his Agent and the Agent for Connecticut etc., and represent;—That in the months of Dec. 1703 and Janry. following, two memorials were presented to the Commissioners who then constituted this Board, by Mr. Nicholas Hallam of the Colony of Connecticut, on the part of Owaneko, then Chief Sachem, setting forth their ancient alliances and compacts with the English, their services done to the people of Connecticut, their sufferings from the same people, by the unjust seizure of their reserved lands, and destribution of them by act of the General Court of Connecticut, and their fruitless endeavours to obtain redress of those grievances by application to the Legislature of that Colony. These facts, which as they stand related in the said Memorials, agree in substance with those now under our consideration, were supported by an affidavit of the sd. Mr. Hallam, upon which the case of the Mohegan Indians was by this Board referr'd to the consideration of Her late Majesty's Attorney General, Sir Edward Nor they etc. Quote his opinion and report of Commission of Enquiry appointed thereupon (v. Cal. St. Pap. Col. 1703, Dec. 3 and 1704, Feb. 29, March 9, (Nos. 146, 171, 171 i., 483), and 1705, Aug. 25. Nos. 1312, 1312 i.). The Commission having found that the Mohegans ought to be restored to their lands and that Oweneco Unchas should recover his costs, (Aug. 25, 1705), and Governor Dudley having expressed his doubts that the Government of Connecticut would not comply therewith, the Board proposed that H.M. should signify her approbation of the said sentence by her Order in Council. But Sir Henry Ashhurst, Agent for Connecticut, having appealed against the said sentence, by an Order in Council 10th June, 1706, the sentence of costs was reversed, and a Commission of Review was granted for hearing and determining the pretensions of the Indians; and in regard to their poverty, it was ordered that the Commission and all other necessary dispatches should be pass'd and expedited at H.M. charge. Continues: Her Majesty was pleased to name the Lord Cornbury then Governor of New York to be one of the Commissioners, and to refer to the Commissioners for Trade, to name such other persons as they should judge proper to be inserted in the said Commission with him, who thereupon did propose the Members of H.M. Council of New York for that purpose; a Commission of Review was accordingly prepared and approved by H.M. in Council on the 5th of Feb., 1706. We find that the Lord Cornbury continued in the Government of New York till 1708, etc., but it does not appear by the Lord Cornbury's letters to this Board, or from any other accounts in the books of our Office, that any proceedings were had in this case by virtue of the last mentioned Commission of Review; and Mr. Mason etc., hath attended us and declar'd that he is not only ignorant of any proceedings had upon it etc., but never heard there was such a Commission issu'd out, tho' he was at that time residing in Connecticut and Guardian of the said Indians. Whereupon we would humbly propose to your Majesty, that a fresh Commission of Review should be granted to such persons as your Majesty shall think proper, investing them with the same authority and powers, for rehearing and determining all matters relating to this case, as were granted by the aforesaid Commission of Review; and that in regard to the poverty of the present Sachem and the Mohegan Indians, the charge attending this Commission and all other dispatches relating thereto, be defrayed at the expence of the Crown, agreeable to what was ordered by Her late Majesty on the former occasion. [C.O. 5, 1294. pp. 85–95].
[June 10.]333. Petition and Appeal of Sir Henry Ashurst, Bart., on behalf of the Governor and Company of Connecticut and of great numbers of freeholders and planters in the said Colony, to the Queen [Anne], Feb., 1706. Copy of the original petition against the decree of the Commissioners appointed to decide the controversy between Conecticut and the Mohegan Indians. Heard in Council May 17 and 21, 1706. (v. C.S.P. 1706, No. 368 etc.) Endorsed, Recd. Read 10th June, 1736. 12 pp. [C.O. 5, 1268. ff. 198–203 v., 204 v.].
June 12.
New York.
334. President Clarke to the Duke of Newcastle. With this I do myself the honor to send to your Grace a duplicate of my letter of the 29th of May; since that time nothing extraordinary has occurred to deserve your Grace's notice, unless it be that there appears daily a greater calm in the province, the misguided people having given over their expectations of having of Van Dam and Morris's being restored, and preparing themselves to receive contrary news; for my own part I beg leave to assure your Grace that I give them no cause of complaint, I open my arms to receive those who have been led astray, and I dare with more confidence than ever affirm to your Grace that upon the signification of H.M. approbation of Van Dam's suspension, of Alexander's dismission from the Council, and of Morris's not being to be reinstated, the spirit of faction will soon disappear, the Assembly meet and do their duty, and quiet and concord resume their former seats; nor can anything obstruct it but a speedy dissolution of this Assembly; that indeed will throw the people into fresh convulsions, and make an union more difficult to be brought about, especially if the dissolution be before the deficiencies of the Revenue be provided for and another Revenue given. The deficiency of the Revenue at present is four thousand pounds. The Treasurer computes that all the Revenue yet to come, as it expires next year, will not bring in more money then will be necessary to sink the bills of credit directed by the Revenue Act to be sunk. So that at the expiration of the Revenue there will be a further deficiency of above four thousand pounds more, thus all the officers of the Government will for more then two years be without a penny of their salary, the main support of their familys, which will reduce them to the utmost necessities, and my fate will be worse than theirs for I shall not only live at an extraordinary expence, but must buy firewood and candle for the Garrison, repair the fort etc. and pay all the contingent charges of the Government out of my own pocket. But if this Assembly be not dissolved, as it is not expected from me that it should, I make no doubt but that they will in the first place provide for the deficiencies of the Revenue, and afterwards give another Revenue before this expires without clogging it with those unprecedented demands which a new Assembly, if the faction have a majority, will do; if this Assembly be dissolved before they have provided for the deficiencies of the Revenue a new Assembly chosen at this time will not make them good, nor give another Revenue otherwise then as I have done myself the honor to mention to your Grace : it is therefore, I humbly presume, of the highest importance to H.M. service to keep this Assembly on foot till these things are done ; the Governor may then dissolve them (as it will undoubtedly be expected from him, come when he will) this Assembly having sate ever since the year 1728 and haveing nothing to ask of a new one will have time enough by mild and gentle methods to reclaim the diseffected, if not done to his hand, and to unite the minds of the people. Tomorrow Mrs. Cosby embarks on board the Squirrel man of warr for Boston, to go from thence to England in the station ship that the Squirrel relieves: I have done whatever has lain in my power to contribute to her ease, and I hope she has found the good effects of it: undoubtedly had Van Dam succeeded to the administration of the Government she would have felt the severist and most unjust persecution that ever lady suffered. If he had any just demand on Governor Cosby, which as executrix Mrs. Cosby is now liable to, the Laws are open to him in England and he may sue her there, if he does not, it will I think be plain that all his pretences were calculated to make a clamor here, and to misrepresent Govr. Cosby at home; and I dare affirm to your Grace that most if not all Morris's complaints are built on the same foundation. I humbly implore your Grace's protection against the malice of the implacable enemies of Governor Cosby, who will most certainly ruin me if Van Dam be restored etc. Signed, Geo. Clarke. 4 pp. [C.O. 5, 1093. ff. 406–407 v.].
June 12.
Barbados.
335. President Dottin to the Duke of Newcastle. Abstract. Hopes letters of enclosures of 18th March have come to his Grace's hands. Refers to enclosures. Will lay enclosed report of a Committee of Council upon officers' fees before the Council at its next meeting. Continues :—If the advice therein offer'd for passing a new law be approved of by the Board, I hope I shall not incurr your Grace's censure or H.M. displeasure, should I give my assent thereto, since no person can possibly be injur'd nor any alteration made till the propos'd law shall be confirm'd at home, which I presume to hope will soon afterwards be, since the hardships occasion'd by some of the officers' exactions are most severely felt by the poorer sort of the people of this Island. I thought myself exceedingly happy in administring the government of this place that the same harmony seem'd to continue as had been in the government of my noble predecessor whose steps I ever determin'd to follow, but a cause between Rawlin and Warren having been lately heard in the Court of Exchequer praying a condemnation of five casks of sugar of the value of about fifty pounds for not having paid the same specie for duty as the Law required, tho' the sugar was not actually ship'd, (as on other seizures they were) but only in a lighter going on board the vessel which was to transport it beyond seas, on a solemn hearing of the cause, the Court was unanimously of opinion that the seizure was not good, on which a petition was preferr'd to me for an appeal, but not having known an instance of the sort before I referr'd back the petition to the Attorney General of this island for his opinion whether an appeal to myself and Council ought to be granted or not, which he thinking might be done, I immediately granted it and all the proceedings were transmitted before us, and the Attorney insisting that it was a cause of very great consequence to the Revenue and therefore ought not to meet with the least delay, and that I shou'd adjourn the Council de die in diem till it was determin'd, I did from his representation cause it to be heard with the utmost expedition, but on arguing it, the same appear'd to me quite different from what it was represented, and therefore I was of opinion for affirming the judgment given below and two other members being likewise of the same opinion which differ'd from three who were for reversing, no determination could then be made, but immediately several virulent papers were publish'd in the Gazette of this island reflecting on mine and the other two members' judgment and endeavouring to raise dissention and disputes among the people of the island, and disturb that repose which till then had subsisted; however on a second argument of the cause a majority voting for affirming the judgment it was declar'd in Court that Mr. Attorney did appeal to H.M. without asking my allowance thereof, and as I was not acquainted with his instructions or what authority he had for taking this unusual and extraordinary step contrary to the method that has been constantly practis'd of asking or praying an appeal, I thought myself no way concern'd in the declaration he had made, but after all the papers were it seems ready to be transmitted, the Attorney thought proper in a memorial he sent me, wrote in a stile I think too magisterial for him to address H.M. Commander in Chief in, desiring I wou'd not only permit the seal to be affix'd to the papers but also signify my allowance of the appeal, this oblig'd me to have recourse to my instructions, whereby I find H.M. will and pleasure there declar'd is "that if either party shou'd not rest satisfyed with the judgment of the Commander in Chief and Council that they might then appeal to him in his Privy Council, provided the sum or value so appealed for do exceed five hundred pounds sterling," and as I was convinc'd that the value of the sugar seiz'd was not above fifty pounds, and I cou'd not conceive there was the least danger that H.M. by reason or means of this judgment was it to be revers'd cou'd suffer more than the loss of about twenty five pounds tho' the officers of the Customs raised chimerical notions and vented them abroad which at the same time they cou'd not but be sensible were notoriously false, I thought myself restrain'd by this instruction from allowing an appeal, tho' the Attorney said as he look'd upon this to be an extraordinary case it was not within the meaning of my Instruction, and yet at the same time he allow'd that the formality there requir'd of appealing within fourteen days and of giving security as directed should be regarded, which seem'd to me to be a complyance with forms without regarding the substance. Besides I find by another Instruction, H.M. is pleas'd not to admit of an appeal to him in case of a fine or forfeiture for any sum under two hundred pounds—and as I apprehended it was intended in appeals that each party should have the same priviledge, so had the judgment been against the claimer of these sugars, he cou'd not have that benefit; however to prevent the least shadow of complaint of partiality in me, I readily gave my testimonial and affix'd the Seal to all the papers desir'd in order to their being transmitted home, but notwithstanding this I am inform'd the Attorney has reported that he has made a complaint against me which he does not doubt will be effectual for removing me from the administration of the Government, but as I have taken the best pains I am capable to inform my judgment in every instance and acted pursuant thereto, which I thought myself oblig'd to do, I little regard his complaint, nor wou'd that have occasion'd me to give your Grace the trouble of mentioning this affair to you, not that I shall be glad to know whether it is H.M. pleasure in any case where the consequence of the judgment may possibly be above five hundred pounds value or where the King is nam'd, that an appeal should be allow'd tho the sum then disputed be never so triffling, or if the other party whose damage can be no more than the loss of what is seiz'd may have the like priviledge, and what particular security should be taken in these cases. I am aware it will be insinuated as is done by the Custom House officers in a letter of an extraordinary nature wrote to the Attorney General and which I just had a sight of, that great mischiefs and inconveniencys will arise by the judgment in the present cause as the planters are resolv'd to pay in one specie of sugar as duty for another sort shipt, but this I beg leave to assure your Grace is a monstrous falsity invented only with a design to give countenance and credit to this seizure which I take was made only out of resentment and pique against a person who had no design or intention to defraud H.M. of his just right and which might pursuant to the Commissioners of the Customs' Instructions have been secured by the officer without a seizure had he not more a design to vex, appress and gratify his resentment against a particular person then to secure H.M. duty. I am heartily sorry to have dwelt so long on this affair, but it having been warmly espous'd here by the Attorney whose behaviour has been most extraordinary in it, I presum'd to set it in a clear light to your Grace and shall be exceedingly oblig'd to you for your opinion and directions relating to my Instructions and of my conduct therein, since I own should it meet with your Grace's approbation it will give me a most sensible pleasure, as on the other hand, should your Grace think me blameable as I acted by the dictates of my conscience without the least partiality, I shall be sorry for my want of judgment in not apprehending this matter in the manner your Grace takes it in, and for the future guide my opinion relating to the Instructions as your Grace directs, who certainly well knows the intention design'd by them tho' it might be doubtfully therein express'd, and for my own part I am so far from hindering or preventing appeals, that on the contrary I shall be pleas'd to allow them in every instance of ever so small value did I not think myself restrain'd by my instructions from doing so, etc. Signed, James Dottin (1). 3½ pp. Enclosed,
335. i. Report by a Committee of the Council of Barbados, with lists of officers' fees, June 1st, 1736. Signed, Ralph Weekes, Thos. Maxwell, John Gollop. Copy, pp. [C.O. 28, 45. ff. 369–386].
June 14.
Barbados.
336. President Dottin to the Council of Trade and Plantations. As I have not been honour'd with any of your commands for some time past, in answer to the several letters I presum'd to trouble you with, on what I thought to be for H.M. Service, and which I hope came safely to your Lordships' hands, I wou'd chuse not to give you any further trouble, till I cou'd have the pleasure of acknowledging the receipt of a letter from your Lordships, but an affair lately happening here, for which it is reported I am to be complain'd of to H.M., I beg leave to desire your Lordships' advice and direction on the construction to be made of some of my Instructions, in which I happen to differ with the Attorney General of this Island. I find H.M. has been pleas'd to declare his will and pleasure, that if on hearing a cause in His Supream Court in this Island, either of the partys should not be satisfy'd with the judgment of the Commander in Chief and Council, that they might then appeal to Him in his Privy Council, provided the sum or value so appealed for do exceed five hundred pounds sterling, and by another Instruction no appeal is to be allow'd in case of a fine or forfeiture for any sum under £200, and as I apprehended H.M. intended by the first Instruction that each party should have the same privilege of appealing, and in no case, that one of them might, and the other should not, have the advantage, and that the sum or value then actually, and not consequentially, in dispute, must be above what is expressly limitted by the Instruction, I have in several instances where an appeal has been ask'd, deny'd to grant it because I was restrain'd by my Instruction from allowing it, and particularly some years ago, on a seizure made by one Young of some sugars under that value, for which there was a judgment against him in the Court of Exchequer and Court of Errors, he pray'd an appeal which was deny'd him for that reason, and no application was then made that it being a matter wherein the King was nam'd, it was not within the meaning of the Instruction and therefore an appeal ought to be allow d, but a seizure lately happening of five hogsheads of sugar of the value of fifty pounds made by one Rawlin from Dr. Warren for not paying the same specie of duty tho' the sugar was not actually ship'd on board the vessell which was to transport it off the Island (as was the case in other seizures) but only in a boat going on board, and there appear'd to be no manner of intention of fraud in the owner, and the duty might have been secur'd pursuant to the directions of the Commissioners of the Customs, who had foreseen and provided for a case of this nature, yet the Officer out of resentment and pique seiz'd the sugars, but on a solemn arguing the cause, the Court of Exchequer dismiss'd the information and on an appeal brought to the Court of Errors, as is usual for any sum tho' H.M. Instructions mention three hundred pounds, the judgmt. was affirm'd, on which it was declar'd that the Attorney General did appeal to H.M. without asking my allowance thereof, but afterwards he thought proper to desire it, but as I thought myself restrain'd by my Instructions, and cou'd not conceive that any more depended on this judgment than the value of the sugar seiz'd, tho' he and the officers of the Customs made this a favourite cause, and rais'd imaginary evils which at the time of venting they cou'd not but know were notoriously false, and had not the least foundation, but only broach'd to give credit to the cause, and make it appear to be of some consequence, when in truth it was not so, I deny'd an appeal, but at the same time permitted the papers to be sent under the Seal, that if it should be thought my allowance of the appeal was unnecessary the cause might be heard without any delay. I will not trouble your Lordships with a recital of the disputes wch have happen'd in this cause, wherein very extraordinary steps have been taken to traduce me, and to disturb the repose of my administration, because I cou'd not persuade myself to think as the Attorney wou'd have had me, but as I acted according to the best of my judgment, and without the least partiality, I hope my conduct will meet with your Lordships' approbation, and as the Instructions are prepar'd by your Honourable Board, who best know their meaning and construction, I beg to have your Lordships' directions whether in any case where the consequence of the judgment may possibly be above five hundred pounds value, or where the King is nam'd, an appeal ought to be allow'd, tho' the sum then disputed be never so trifling, or if the other party whose damage can be no more than the loss of what is seiz'd, may have the like privilege, and what particular security shall be taken in these cases. I presume your Lordships will have recourse to the Instructions, and if necessary make such amendments and alterations as are proper to prevent any doubt of this kind arising again, and I shall in this and every thing else most chearfully follow your Lordships' directions. Signed, James Dottin. Endorsed, Recd. 29th July, Read 24th Sept., 1736. 2¼ pp. [C.O. 28, 24. ff. 178–179 v.].
June 18.
Boston.
337. Governor Belcher to the Duke of Newcastle. Agreeable to the royal Charter I conven'd a new Assembly of this Province the 26th of last month, etc. Encloses their Journals. Quotes the words of the last leave given to him with respect to his salary, "and likewise for the future to give your assent to such bill, as shall be annually past for paying to you a salary of £1000 str., or the value thereof in the currency of that Province." Continues: The meaning whereof, my Lord, I take to be, that I should sign the grants the Assembly may make me from year to year for my support, provided they should not fall below the sum they have always given me in this currency, from my first coming into the Government, and what H.M. has been constantly pleas'd to let me take in lieu of £1000 str. (being £3000 of this currency) and after the same manner they have always paid me in the Province of New Hampshire, viz. £600 of that currency for £200 str. according to the King's Instruction to me on that head etc. And as the Assembly has this session made me a grant (as usual) for three thousand pounds of this currency, I shall consent to the act, without giving the King, or his Ministers, any further trouble in this affair, nor have I any expectation of their making the sum larger for the future, unless by giving something more at another session, in consideration of the badness of their currency, which I shall continue to urge them to do, that my support may be as near £1000 sterling a year as I can possibly perswade them to. May it please your Grace, Having hitherto paid the strictest obedience to H.M. Instructions, I would carefully avoid any imputation to the contrary for the future, and have therefore order'd my Agents, Mr. Partridge and Mr. Belcher, to pay their duty to your Grace, and to beg the favour of your Grace's thoughts on what I now write, that if I mistake the sense of this last Instruction, I may correct myself for the future, etc. Signed, J. Belcher. Endorsed, R. 11th Aug. Duplicate. 4 pp. [C.O. 5, 899. ff. 228–229 v., 230 v.]
[June 18.] (fn. 1) 338. President Clarke to the Duke of Newcastle. I have the honour to receive your Grace's letter to Govr. Cosby of the 10th of October inclosed to me in one from Mr. Oglethorp, dated at Georgia the 11th of May, wherein he acquaints me that the Spaniards were preparing to dislodge them, that they had strove to corrupt the Indians to forsake H.M. alliance and had sent for a large body of troops from the Havannah, but that they had neither trading goods, guns nor powder to perform their promises to the Indians, nor food to support their troops when they arrive, without they procure them from the English Collonys, that he was informed from Charles Town that the Spaniards have sent hither to buy provisions and desired me to prevent it. I called a Councill and lay'd before them your Grace's and Mr. Oglethorp's letters, and having advised them of the properest methods to prevent any supplys from being sent to the Spaniards, I issued an order to the Collector not to clear any vessell for St. Augustine, and a proclamation forbidding all H.M. subjects to supply the Spaniards with any stores of warr, trading goods or provisions. I wish with all my heart it may have the effect proposed, tho' I have cause to fear it will not, for the vessells which at any time go to the Havannah or St. Augustine enter at the Custom House and clear for some English Collony, and it's supposed that a sloop so entered and cleared went to St. Augustine a few days before I had the honour to receive your Grace's letter. I presume, my Lord, to think the most effectuall way to prevent succours being carryed to St. Augustine will be to get the Carolina and the other nearest station ships to cruise and lye off that place to hinder the English vessells from going in. I beg leave to assure your Grace that I will upon all occasions give Mr. Oglethorp all the assistance in my power, being of nothing so ambitious as the honour of obeying your Grace's commands etc. Signed, Geo. Clarke. Endorsed, R. July. 2 pp. [C.O. 5, 1093. ff. 408, 408 v., 409 v.].
June 18.
Whitehall.
339. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following, pursuant to directions of 13th May. Annexed,
339. i. Draft of Additional Instruction to Thomas Broughton, Lt. Governor of S. Carolina. Cite Governor Johnson's Instruction to take care, with the advice and consent of the Council, for the repair of Court Houses and other public buildings etc. Continue:—It has nevertheless been represented to H.M., that there is no publick prison erected in that Province. These are therefore in H.M. name to authorize and require you to recommend in the most effectual manner to the Assembly of the said Province, that they make necessary provisions for erecting a common gaol or gaols and keeping the same in repair, agreeable to the foregoing Instruction and to the practice of other British Colonies. [C.O. 5, 401. pp. 173–175].
June 19.
Annapolis
Royal.
340. Lt. Gov. Armstrong to the Council of Trade and Plantations. The trouble of this proceeds from the sad and pitiful Accot. which we have had, from one who calls herself Susannah Buckler, of the fate of a brigantine from Dublin called the Baltimore, Richd. White Master and Andrew Buckler sole owner and mercht. This unfortunate gentlewoman who says that she is the widow of the said Andrew Buckler having arrived here the 9th of May last from Pobomcoys with Mr. Charles Dentremow of that place, who took her from the Indians and Mr. George Mitchell, one of H.M. Surveyors, hath upon examination made before me and H.M. Council declared:—That she sail'd from Dublin the 7th of October last for Annapolis in Maryland and by bad weather being forced upon this coast, they on the 15th day of Decembr. there being eighteen persons on board got accidentally into a harbour called Tibogue near Cape Sablis, where they all died except herself and as she saith two sailors whom she left alive and in possession of the vessel the 4th of April last, when some Indians went on board and carried her to the woods after having robbed her, if her report be true, to the amount of about sixteen hundred pounds sterling in silver and gold and many other valuable things, besides the ship's cargoe which, she saith, amounted as she hath been informed, to about twelve thousand pounds sterling more. She imputes the cause of their death to the want of fresh water, through the loss of their boat which the Indians had taken from two of her servants a little after their arrival in that harbour, and not to any apparent sickness or distemper; which is somewhat surprizing, seeing they might at that time, as I understand she now is, have run the vessel ashore, but as to that seeming piece of indolence, their sailing and management of the vessel, she could give no other accot. than that as they believed themselves somewhere by Piscataque, they were in hopes of meeting with some fisher men to conduct them thither. From that circumstance of the boat, the two servants being afterwards found dead, and as the two sailors are not to be found, we are not a little apprehensive of their being murdered; as to wch. and the truth of what hath been further related, as I hitherto have, so I still shall enquire as particularly as possible, and judging it necessary, I have herewith sent your Lordships copys of her own, and of the aforesaid two gentlemen's declarations, the Minutes of Council and of my letters to Govr. St. Ovid, the Chief of the Cape Sables tribe, and to the inhabitants of Pobomcoys to use their endeavours with the Indians to make restitution, having in the meantime, in order to recover the vessel, sent a small party under the command of Ensn. Charles Vane to bring her hither.
By Mr. Dentremon's declaration being informed that one Jonathan Ridge or Rich of Marblehead in New England, is suspected to have taken away some of the sails and other rigging and six swivel guns etca. I have also wrote to Govr. Belcher, to enquire into it, and having sent him a copy of her declaration that he may secure such of the particulars as are therein mentiond, as may perhaps be found amongst the fishermen of that Government. I have frequently wrote to your Lordships in relation to the insolence of the Romish priests who contemn and disclaim H.M. Sovereignly, civil power and authority, and in opposition there unto set up an independent jurisdiction of their own, and as the Minute of Council will inform you of their audacious insolence on this occasion. I hope you will not only approve of my conduct in having sent them, conformable to the said Minute, out of this Province, but move H.M. to favour us with such particular Instructions as may be necessary to direct us how to manage and treat such priests, the refractory inhabitants and lawless savages, who for some time past have been so elated as seemingly to have no manner of regard to any of their Treatys; which is not only evident from former Acts and their behaviour in respect of this brigantine, but also from the insolence of those of St. Johns River in opposing a vessel sent by the store keeper of the Board of Ordnance to load with lime stone for H.M. service, their robbing the people of their cloaths and provisions, pretending that the land &c. belonged to them, and that therefore they would be paid; as the sailors of that vessell have reported. So that, my Lords, unless some method be propos'd either to bring them under, or over to H.M. interest, his Government will be for ever insulted, and his British Subjects, if not murdered, robbed and molested; which 1 most heartily recommend to your consideration; and as I have formerly laid before your Lordships the state of this Province, as to which and particularly that part thereof in relation to Canso; I hope through your means to be honoured with H.M. further commands which shall be faithfully obeyed by, Signed, L. Armstrong. Endorsed, Recd. 14th Sept., Read 26th Oct., 1736. 3½ pp. Enclosed,
340. i. Deposition of Susanna Buckler. Annapolis Royal, 30th May, 1736. Gives an account of the loss of the crew and cargo of the brigantine Baltimore, belonging to her husband, Andrew Buckler, as described in covering letter. Signed, Susanna Buckler. Copy. 7 pp.
340. ii. Deposition of George Mitchell, 11th May, 1736, relating to the same. Signed, Geo. Mitchell. Copy. 2½ pp.
340. iii. Examination in Council of Charles Dentremon, of Pobomcoup, Nova Scotia, upon the affair of the Baltimore, 11th May, 1736. Translation of the French original signed and sworn to in Council by, Charles Dentremon. Copy. 6½ pp.
340. iv. Minutes of Council of Nova Scotia, 4th May—7th June, 1736. 15½ pp.
340. v. Examination in Council of Peter Landry of Pobomcoup as to what he had seen and heard concerning the Indians and the Baltimore. 8th June, 1736, Translation of French original signed in Council by Peter Landry, his mark. 4 pp. Nos. i–v. Endorsed as covering letter. [C.O. 217, 7. ff. 172–173 v., 176–179, 180–181, 182–185, 186–195 v., 196 v.].
June 23.341. Observation on Mr. [Wavell] Smith's and Mr. Balaguier's accounts. They charge £2 for the copy of every Act, the fee by law is 3s. for each side of paper closely written. They charge 6s. for every warrant, writ etc., and 6s. for every publication, the fee being law is 3s. For the Minutes of Council, Smith has charged for 2 years and 2 months £47, whereas none of his predecessors ever charged above £12 per annum. Details given. Smith has also introduced several new charges against the public in the following instances:—entering the accounts of creditors to the public in the Council books, for the sake of making a new fee, and then charging 7s. a side for them, whereas if any fee is due, it is 3s.; copies of proceedings of the Courts of Law; presentments of the Grand Jury; for the trial of prisoners; for making a minute at the Sessions for appointing constables and way wardens. Endorsed : Recd, (from Mr. John Sharpe), Read 23rd June, 1736. 2 pp. [C.O. 152, 22. ff. 67, 67v., 71 v.].
June 23342. James Colebrooke to Andrew Stone. Encloses following "for his Grace's perusall." Continues: I design to wait upon him to-morrow at 11 etc., to talk over the affair of that Island and the particular hardship of my brother, who was forced to quitt a plantation he with great industry has raised." etc. Signed, James Colebrooke. 1 p. Enclosed,
342. i. Copy of a letter from New Providence to Mr. Colebrooke. Refers to recent rebellion (v. 20th March). Continues:—Many and grievous has the complaints of the soldiers been of late, particularly of severe punishments for trifles, so that 300 lashes has been given without any Court or other hearing; so that some attempts has been made by some of them to run away, etc. Continues account to same effect as 20th March. Concludes:—We are in a very bad condition in this island. Endorsed, R. June 23, from Mr. Colebrook. Copy. 1¾ pp. [C.O. 23, 14. ff. 273, 274, 274 v, 275 v.].
June 24.
Charles Town,
South
Carolina.
343. Mr. Cleland to Mr. Popple. In reply to letter to Mr. Fox? Dec 3 1735 encloses following. Signed, John Cleland. Endorsed, Recd. 9th Dec. 1736, Read, 8th June, 1737. Addressed. ½ p. Enclosed,
343. i. List of ships entered and cleared in the ports of Charles Town, Beaufort Port Royal, Georgetown and Winyaw for the quarters ending Lady day and Midsummer last. 1 p. [C.O. 5, 365. ff. 216, 217, 219 v.].
June 25.
Pall Mall.
344. Lord Fitzwalter to the Duke of Newcastle. Encloses following relating to the Island of St. Simon "for your own private satisfaction." Continues:—When the papers are sent to the Board a return will be made in due form. I have also consulted the best maps we have, and find no reason to doubt but that the Island St. Simon is a part of the Dominions of the King of Great Britain, wch. extend much farther South-ward than that Island. Signed, Fitzwalter. Enclosed,
344. i. Copy of letter, Lord Carteret to Council of Trade and Plantations, Dec. 8, 1722.
344. ii. Copy of representation by Council of Trade and Plantations, Dec. 20th, 1722. [C.O. 5, 383. ff. 40, 43, 43 v., 45, 45 v.].
June 29.
Brompton.
345. Wavell Smith to Mr. Popple. Encloses following to be laid before the Board. Continues: It will prove £581 13s. Id. paid Mr. Balaguier for his services as D. Secry. etc besides one year's bill for sallary and contingencys is omitted in the Minutes. I shall answer the observations on my accounts forthwith, tho' I can't but apprehend it is something extraordinary that a private man of St. Chrisr., or even the Agent should be permitted to litigate accounts settled by the Govr. and Council there, pursuant to the King's Commn. and Instructions etc. In Westminster Hall they will permit no evidence to be given against a record, and surely the Journals of the Council are of that nature in respect to the transactions of the Council. Signed, Wavll. Smith. Endorsed, Recd. June —, Read 25th Nov., 1736. Addressed. 1 p. Enclosed,
345. i. References to Minutes of Council of St. Christopher, June 1724—May 1727, showing payments made to John Balaguier, Depty. Secretary, amounting to £581 13s. 7d. 1 p. [C.O. 152, 22. ff. 234, 235, 241v.].
June 29.
Whitehall.
346. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract from Governor Fitzwilliam's letters, 20th Aug. and 22nd Dec, 1735, giving an account of a ship unjustly seized by the Spaniards, and of the state of the Independent Company in the Bahama islands. [C.O. 24, 1. pp. 308, 309].
June 29.
Whitehall.
347. Mr. Popple to Sir W. Yonge. Encloses extract relating to Independent Company as preceding. [C.O. 24, 1. p. 309].

Footnotes

1 Dated by reference in letter of July 26th.