America and West Indies
July 1736, 1-15

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1953

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'America and West Indies: July 1736, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 234-248. URL: http://www.british-history.ac.uk/report.aspx?compid=72847 Date accessed: 24 July 2014.


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July 1736, 1-15

July 3.
Whitehall.
348. The Duke of Newcastle to the Council of Trade and Plantations. I send you herewith by Her Majesty's command, a copy of a letter that I have received from Mr. Oglethorpe, dated Frederica in Georgia, April the 17th, 1736, and containing an account of the dispute between him and the Spanish Governor of St. Augustine, concerning the limits of H.M. Dominions in those parts of America ; I send you also a copy of a letter from Mr. Oglethorpe to the Trustees for Georgia, of the same date, inclosing copys of several letters that have past between him and the said Governor of Fort St. Augustine upon the same subject, and of a Memorial transmitted by Mr. Oglethorpe, and several depositions that have been taken relating thereto; and I am to acquaint your Lordships with Her Majesty's pleasure that you should take the several letters and papers above mentioned into your consideration, and report your opinion, with such observations as may occur to you thereupon, in order to be laid before Her Majesty. Signed, Holles Newcastle. Endorsed, Recd. 3rd July, Read 18th Aug., 1736. 1 p. Enclosed,
348. i. Mr. Oglethorpe to the Duke of Newcastle, April 17, 1736, Frederica in Georgia. Your Grace's time is so precious, that it wou'd be injuring the publick to intrude upon yr. goodness, but as I should be as much to blame in not writing what is important, as in writing any thing triffling, I cannot neglect acquainting your Grace, that a gentleman, who came with a packet from Sr. Thomas Fitzgerald to the Capn. General of Florida, and Governour of Augustine, desired I would send him up to that place, which I did, and desired him to carry a letter from me to the Capn. General. The Indian King Toma Chi Chi (pursuant to the assurances he gave to H.M. and your Grace in England) went down with me to the utmost limits of the King of Brittain's Dominions to put us in possession of all the lands held by their nation, from this Island to the Spanish frontiers. There are three beautifull islands upon the sea coast, the first, the Indian King's nephew Tooanhowi who was in England call'd it Cumberland, saying that the Duke had given him a watch to show him how to use time, and that he had obtained leave of the Creek nation to give his name to that Island, that through all times his benefactor's name might be remembered. The next Island, the fairest of this Province, I called Amelia. Oranges, myrtles and vines grow wild upon it. To the South of Amelia lies another Island, the southermost part of which, is called St. George's Point, is the farthest part of the Dominions of H.M. on the sea coast in North America. The river St. John's divides that Island from the Spanish Florida, it is there about two miles wide, and on the point of the opposite side the Spaniards keep a guard. The boat is return'd with the letters from the Capn. General of Florida, and Governour of Augustine, and I have sent copys of the letters between me and him; to the Trustees, and a Memorial setting forth H.M. right to these countrys, who will lay them before your Grace. I am in quiet possession as far as the Spanish Outguards, and therefore hope I shall have directions what to do. I have heard that the Spanish General intends to order me to quit as far as the river Edistow, that is to say, all Georgia, and part of Carolina, but as I cannot deliver up a foot of ground belonging to H.M., to a foreign power, without the breech of my allegiance to H.M., I will alive or dead keep possession of it, till I have H.M. orders; and if it is H.M. pleasure not to give up this most valuable part of his Dominions, I can assure your Grace that the fidelity of the Indians to H.M., and the gratitude for their treatment, when in England, is such, that with the same assistance which we had last year from Parliament, I shall not only be able to keep possession in spite of all the force of Florida, Cuba and Mexico, but if I have orders (considering the divisions amongst the Spaniards in one of those Provinces) there is more probability that the British arms should entirely conquer them, than that they can ever drive us out. And this they know so well, that tho' they may threaten, they dare not do so flagrant an injustice, as to act against so clear a right, as H.M. hath to these countrys, which are the keys of all America. The Spaniards are very apprehensive of our Indians invading them, and as I can find no other means of preventing the Wild Indians from it, I have been forced to raise men, and ordered an armed boat to guard the River St. Johns, and prevent any Indians from passing; and have acquainted the Governour of Augustine therewith. I have also built two forts, the one on St. Simons where I now am, garrison'd with the English which I brought over, the other on Cumberland, garrison'd with Highland men—And a detachment of Germans, English and Americans set out yesterday to build another fort upon St. George's Point, in order to receive those boats which are to prevent the Indians from invading the Spanish Province, and thereby keep up the tranquillity between the two Crowns. I hope your Grace will not only excuse, but approve of the lenth of my letter, since it is upon so important an occasion, as that of keeping a Province two hundred miles in lenth, the land capable of the richest production, the sea full of good ports, near which all the large homeward bound ships from the Spanish America must pass— Endorsed, R. June 17th. Copy. 4 pp.
348. ii. Governor of St. Augustine to Mr. Oglethorpe. St. Augustine of Florida, 24th March (n.s.), 1736. Acknowledges letter of 16th Feb. with compliments, but protests that he has infringed the "treaty made with my predecessors by going beyond the bounds marked out to each and extending into the lands of the King my Master, which I have given an account of to the Catholic King" etc. Signed, Francisco de Moral Sanchez. Copy. Spanish, 1¼ pp.
348. iii. Same to Same, 30th March (n.s.), 1736. Since writing the above, I just now receive two couriers from the Provinces of Velevez and Talapurez, bringing me word that about 300 men have passed out of your Province into those, and that they have been commanded to build a fort which they are beginning; and as not only those, but other next neighbouring nations are subjects of the King my master, I cannot believe that this determination is yours, and therefore till I have advice from you, I shall take no step in anything. Signed as preceding. Copy. Spanish. ½ p.
348. iv, v. Translation of Nos. ii, iii.
348. vi. Mr. Oglethorpe to the Governor of St. Augustine, Georgia, Feb. 15, 1736. Having been ordered to inspect the affairs of this and the neighbouring Province, will use his utmost endeavours to cultivate a friendship with His Excellency etc. Recommends to him the bearer, a gentleman of ancient and noble family in Ireland, "he has letters to you from the Countess of Montejo and from Sr. Thos. Fitzgerald, who is now charged with the King of Spain's affairs in England" etc. Copy. 1 p.
348. vii. Same to Same. Frederica, 10th April, 1736. Acknowledges Nos. i and ii received by Major Richard. Continues:—Your Excy. mentions that you have reced. advices from the Provinces of the Uchees and Tallapoochees concerning 300 men. The first orders wch. 1 sent up to all the Provinces upon my arrival were for the King my Master's subjects not only to maintain the tranquility with his Catholick Majesty's subjects, but also to show all the friendship they could towards them, and as far as in their power lay, by their good offices with the free Indians to restrain them from molesting his Catholick Majesty's subjects. Whether my orders were received in the Nations before your advices came from thence, I cannot say, for the distance from the Tallapooches from us is very great, and the roads through the woods very bad. And what orders the Lieut. Governor of Carolina had given I have not been yet informed, but when I have been at Charles Town whither I intend to go very soon, I shall then be able to take such measures as are agreeable to the King my Master's commands etc. Upon these advices from your Excellency, to prevent any ravages that might be committed from the King my Master's territories I have ordered a boat and guards to be posted to hinder any persons from passing the rivers without licence and by that means hope to prevent ill disposed and lawless men from committing of ravages too frequent in America even in the times of the most profound peace etc. Thanks H.E. for his generous reception given to the gentlemen sent by him. "The honourable manner in which you received them after their shipwreck was entirely Spanish." etc. Copy. 2 pp.
348. viii. Same to the Duke of Newcastle. Frederica in Georgia, 17th April, 1736.
348. ix. Extract from letter from Capt. Dempsey to Mr. Oglethorpe. March 29 (n.s.), 1736. Describes his hospitable reception by the Governor of St. Augustine and interview with him. v. preceding. Copy. 3¼ pp.
348. x. Same to Same. April 1st (n.s.). All here are very uneasy about tidings they have of your Indians' falling upon them here. I can answer with your Instructions to bring all to a good understanding. Be pleased to let me know your will as soon as possible. . . . I do not doubt if I can obtain the letters I writ for to London, wch. are for the Vice-roy of Mexico and the Governors of La Vera Cruz and the Havanna, but to be serviceable, if there be ever so small a beginning. Upon your answer, the Governor intends to send with me a royal Officer and one of the garison to wait on you, and if possible to agree on the limits of both Crowns. In case that does not succeed, to refer the business to the Ministers of Great Britain and Spain in Europe. Copy.
348. xi. Same to Same. Aug. 5 (n.s.). Since Major Richards' departure I have kept my bed. The Governor sat with me yesterday morning above an hour, who made heavy complaints of one of his soldiers being murdered Tuesday night last at a little post of seven men, at a place called Picolata, about 7 leagues off, especially flattering himself on your letter, of not only peace but a sincere friendship etc. I assured his Excy. that it must be done without your knowledge, and that if they were Indians under the protection of Great Britain, you would do justice. He thereupon sent me the name of the Captain, who is called Talofileche, who had with him four other Creek Indians, and that in case you did not think proper to give him satisfaction he must take it for a Declaration of War. That moreover there have marched into the Province of the Uchees, subject to the King his Master, and where actually he has a fort garrisoned, 300 whites, with a great body of Indians, to erect there an English fortress, of wch. he had, since my last to you, another express. To wch. I could make no reply, he being so very positive, but that I would wait your answer to His Excy's letters. The drum beat here yesterday about seven o'clock in the evening, and so did the trumpet sound, and they all were in as much hurry, as in the time of the Great Fire at London. They are all here clever alert people, the most inoffensive and best natured I have yet known of any nation so much harrast. Nos. ix–xi, endorsed as covering letter. Nos. x, xi. Copies. 2 pp.
348. xii. Mr. Ogglethorpe to Charles Dempsey. Frederica. 10th April, 1736. Instructions for answers to be given to the Governor of St. Augustine. Continues: You may assure the Govr. that I know nothing of the 300 men erecting a fort in the Uchees' countreys, and that I have sent up to Carolina to know if the Lieut. Govr. has ordered any such thing before my arrival. I am also not sure what countrey he means by the Province of the Uchees; there are Uchees settled under the cannon of our fort at Palachocolas, which fort has been erected above these 30 years; if he means any country belonging to the upper, or lower, or middle Creeks, they are nations in alliance with His Majesty, and there are English forts in their countreys first erected by their consent and at their desire. With respect to these 300 men I cannot conceive what should be the meaning of it, unless it should be some reinforcement sent up from Carolina to our garrison in the Creek Nation, or that they should mean a very large body of Indians, above twice that number, who are coming down from the nations of the Talappooches, the Cowetays, the Cussebays and the Pallachocolas etc., to this part of the countrey with intentions (as I believe) to fall upon the Spaniards, against whom they are in a great rage, and have complained to me that from Augustine there came 40 men who fell upon one of their families, surprised them unawares and killed some women and children and two men. They have desired me to assist them according to the Treatys with the King of Great Britain, in obtaining satisfaction. I have sent to them to desire them to desist from falling upon the Spaniards till such time as I have demonstrated to the Governour, and have told them that I doubt not to obtain satisfaction without further effusion of blood, for which purpose I have ordered them to inquire the time and place and by whom the Indians were attacked, and what number were slain etc, They are in such rage at the Spaniards etc., that a party of them had like to have cut Major Richard to pieces, taking them for Spaniards, had they not been prevented by a boat of mine. I am very apprehensive that they will commit hostilities agst. the Spaniards, for as they have a government of their own, and are only allies and not subjects to our King, they frequently make war in spite of the Govr. of Carolina's orders, and if they should comraitt hostilities at the time that I am fond of friendship and have certified the Governor of my intentions, it will greatly reflect upon my honour. I have therefore thought to send down some boats well armed to keep the passes of the river and prevent their passing to invade the Spaniards, and at the same time I shall use my utmost amicable endeavours to prevent their attacking the Spaniards. But it will be necessary to obtain satisfaction for the death of their men, which I would also do in an amicable manner. If any parties have fallen into the Spanish territories it must be some of these. King Toma Chi Chi had sent some out, but at my desire has recalled them, etc. Copy. 6 pp.
348. xiii. Same to Same. Frederica. 12th April, 1736. Reply to No. x. I can assure you that the Indians were out without my consent, and I have recalled all that I could prevail upon. I was forced to go out myself, and it was with the utmost difficulty I could contain them. I fear that those who are now coming from the Upper Nations will not be so easily pacified as these were, and that some of their straglers will pass the rivers, tho' their King should consent to the pacification etc. The people of Carolina have complained, and the Cowetay Indians complain that the Spaniards are settling anew the Apellachee towns that were taken in the late war in Queen Anne's time, and which being in our possession at the Treaty of Utrecht, the people of Carolina say that it is an infraction of that Treaty for the Spaniards to resettle in that land etc. You see, Sir, that there are complaints on both sides, but I hope from the good temper of his Excy. and my own strong inclinations to peace, we shall be able to settle all things in an amicable manner etc. Copy. 2 pp. Nos. xi and xiii endorsed as covering letter.
348. xiv. Mr. Oglethorpe to the Trustees for Georgia. Frederica. 17th April, 1736. Encloses above correspondence. Continues: I have advice that 1500 men and three men of war have left the Havannah. Yesterday we heard guns off the sea, and one of our outguards upon the hills on the southern sea post thought they discovered ships. The Independant Company is arrived, but the man of war is not, which makes me fear for her. As it is impossible for any assistance to come from England time enough, it is better not speaking of this, all will be over here long before you receive it. We shall do our duty, and trust to Providence for success. I have sent the Duke of Newcastle a letter inclosed to Mr. Vernon etc., also will acquaint you what measures are necessary to be taken upon it. Mr. Causton has sent me his cash account, of which I have ordered him to send you one. It is necessary for me to draw upon you for £300 to support the people at Savannah, pursuant to your general disposition. The bills are for £200 and £100 payable to Mr. Thomas Causton or his order. I did on the 12th instant draw upon you for £50 payable to Mr. Cabot Davis an order for support of the Agent at Augustine. Signed, James Oglethorpe. Endorsed as covering letter. Copy. 1¼ pp.
348. xv. Memorial of the King of Great Britain's Title to Georgia. The first discovery of this country was made by Sebastian Cabbat, who was fitted out by Henry the 7th and 8th and possession then taken in the name of the King of England. And Sir Francis Drake did in the reign of Queen Elizabeth upon ye Spaniards settling there take and burn the Fortress of Augustine, and thereby maintaind the English right. The Spaniards some years after the burning of Augustine by Sir Francis Drake retook possession of that place, but the Crown of England looked upon the same as an intrusion, and continued asserting their rights to these countrys, as far as the 29th degree of Nothern Latitude. And King Charles the First, made a grant upon that right of this Province, then call'd Carolina: Afterwards King Charles the Second, still presuming upon the same right, did, upon the former Patent being for non uses forfeited, grant all the lands from 36 to 29 degrees of Nothern Latitude, to the Lords Proprietors of Carolina and thereby asserted his right to these countrys. But the Spaniards say that they have always continued in possession of Augustine, under the Pope's grant, and that they have supported that grant by conquest, that when my Lord Cardross came and settled at Port Royal, under a grant from the Lords Proprietors, they dislodged him by force of arms, as being an intruder upon their Dominions, and that the Crown of England sat down contented therewith. In answer to which, we do allow that they did dislodge my Lord Cardross by treachery, and murdered several families, which was an infraction of the Peace then subsisting with the Crown of Spain. And the said injury was afterwards fully revenged by the Crown of Great Britain, for the Creek Indians, being in alliance with the Crown of Great Brittain, did in the year 1705 attack the Spaniards, and Apellachee Indians, took the Apallachee towns and the Spanish forts; and that the same Indians being in alliance with ye English, did soon after take the town of Augustine, and besiege the fort, but not having artillery for to take the Fort, they at last raised the siege, and came back over the rivers, but would never suffer ye Spaniards to pass the river St. Johns. That in that expedition, which was during an open war between the French and Spaniards on one side and the Queen of England, and her Allies on the other, the Creek Indians being of the number of her allies did by force of arms beat the Spaniards out of all the Islands, and lands from Port Royal to Augustine. That after the raising of the siege at Augustine, the Creek Indians still kept possession of the river St. John, and would never suffer the Spaniards to resettle either on the Islands or Continent on this side of that river; and that during that possession, the Treaty of Utrecht was made, by which H.M. and her Allies were to keep all that they were then possessed of except such places as in that Treaty were stipulated to be delivered up. And that since that Treaty, the Creek Indians have continued in possession to the very hour, that they delivered the possession thereof to James Oglethorpe for the use of His Brittanick Majesty, pursuant to a Treaty concluded between his said Majesty and that nation. Therefore it appears that the lands as far as St. Johns river doth belong unto his Majesty, by the same right, that any other lands in America do belong unto him; wch. is by being in possession thereof under Treaties of Peace, and whatsoever can be urged against H.M. right to these his Dominions, may as well be urged against his right to Nova Scotia, Jamaica, or any other part of America, since the Pope's grant reaches to all America, and the Spaniards never gave up their rights in form to any part, only that each party should hold w. pt. they stood possessed of at the time of concluding the Treaty. And the Crown of Brittain, by their Allies the Creeks were in possession of the same at the time of the Treaty of Utrecht, and have continued in possession thereof to this hour, as appears by the affidavits hereunto annexed. And the Spaniards have acquiesced in that possession, since they never pretended to keep any guard beyond St. Johns River, but have always kept one, and sometimes two guards on the South side of St. Johns River. Copy. 3¾ pp.
348. xvi. Deposition of Jonathan Bryan of St. Helens in the county of Berkley, Carolina, Gent. 30th March, 1736. Aged 27, deponent was born in Carolina and hath ever since inhabited there. Above seven years past he went from Port Royal to St. Wans River in the southward part of America, and did not see any Spanish settlement whatever. He has been credibly informed that the Spaniards have had no settlements upon any of the lands between the river of St. Wans and Port Royal ever since a war in the reign of Queen Anne. About a fortnight past, he went with Tomo Thachi Mico and several other persons to the said river of St. Wans, and he could not then discover any settlement which the Spaniards had on this, the northern, side of St. Wans river. Deponent verily believes the south side of the river aforesaid is the utmost bounds of the Spanish settlement. Signed, Jonathan Bryan. Copy. 1 p.
348. xvii. Deposition of John Latter, John Barber, Richard Pyke, David Holmes, and Darby Kettihone, boatmen, of Skidoway in Georgia. 13th April, 1736. About a month past they went with Tomo Chachi Mico, King of the Yamacraw Indians, down several branches of the Alatamaha river, to an island within two miles of the river St. Wans, and afterwards to said river. They searched, but could find no settlements made by the Spaniards upon any of the lands upon the Alatamaha. They believe that the Spaniards have not had any settlement whatever upon any of the lands upon the northern side of the river from Frederica to the river St. Wans, but that the Indians have kept possession of the same; and that the south side of St. Wans is the utmost bounds of the Spanish dominions. Signed, John Latter, John Barber (his mark), Ricd. Pyke, David Holmes (his mark), Darby Kettihone. Copy. 1¾ pp.
348. xviii. Deposition of William Horton of Frederica, Gent. 13th April, 1736. To same effect as No. xvii. Signed, Wm. Horton. Copy. 1 p. Nos. xiv–xviii endorsed as covering letter. [C.O. 5, 365. ff. 83, 85–86 v., 89–90 v. 91 v.–93 v., 94 v.–98 v., 98 v.–102 v., 103 v.–104 v., 105 v.–108, 109–110, 114 v.].
[? July 3.]349. Mr. Oglethorpe to the Duke of Newcastle. The importance of the subject makes me trouble your Grace with this long letter. The French upon the Mississippi River, under the command of Mons. de Bieuville, in October last recd, advices from Europe, to prepare for a war with ye English this Spring, which bore date about the time that H.M. declared his intention of sending a fleet to Lisbon. They spent the winter in drawing together a body of 2500 French, and wou'd only take 300 chosen Indian warriors. They in vain attempted to gain over to their interest the Creek Indians, thro' whose country their road to Charlestown lies. They provided packhorses sufficient to carry seventy days provision, made magazines upon the Mobille River at a fort there call'd Albamos or Fort Thoulouse, which is the nearest they possess to Carolina, and to which the packhorses from Charles Town go in 21 days. They were to rendevous at Mobille in January and to take the field in March. In January Monsr. de Bieuville arrived there, and on the 10th of that month, vessels from Europe brought him advice, that His Britanick Majesty's measures had been so succesfull as to procure a general pacification. On this the troops were order'd all back, and Monsr. de Bieuville gave out, that the expedition was intended against the Chickesaws, a nation of Indians in alliance with the English, and nearer by some hundreds of miles to the quarters the troops came from than the Mobille. The advanced guard of Monsr. de Bieuville, consisting of 200 French and 100 Indians, on the 8th of March, attack'd one of the Chickesaw towns, but being repuls'd, were persued by the Chikesaws into the Indian corn fields, and after an hour's hot engagement, the French retired in tolerable order for three quarters of a mile; but then being entirely broke, they left 25 French dead upon the spot, and 23 French and two Indians prisoners. Nineteen of the French were immediately burnt. Two English traders who had carried up goods to sell to the Chikesaws, persuaded them not to burn the French prisoners, which their war captain wou'd have consented to; but unfortunately, one of the French spoke English, and the trader answering him, the Chikesaw General cried out, "this is a traitor, he speaks the same tongue as they do, and he speaks for them; therefore burn him also." It was with much ado that the elders of the nation saved him. The Chikesaws pursued and three days after met with another body of some hundreds of French, who guarded their boats on the Mississippi River, but no Indians. The engagement was very short, the French immediately taking to the stream, where most of them were drown'd, their boats having been in the beginning of the action, sunk or burnt by the Indians. We have no advice yet, what is become of Monsr. de Bieuville, but the trader who escaped burning, seeing ye Indians with a packet of letters, procured and deliver'd them to me. I have apprized your Grace, that the Creek Indians, pursuant to the treaty they made with His Majesty in England, carried me down to ye frontiers of his Dominions in America, which are divided from ye Spanish by the river of St. John's, and of which the English or their allies the Creeks have been in quiet possession before the Treaty of Utrecht. Since my last the Governour and Council of war at Augustine, have disputed our right to St. Simon's and the Alatamaha; but at last offerd to leave all differences concerning the limits of the two Provinces to the determination of the Courts in Europe, provided I wou'd deliver up the Fort at St. George's Point, on the north side of St. John's River, over against their garrison; which I shall not do without H.M. orders, if I am able to defend it. I have forebore all hostilities, tho' greatly provoked, and have fortified in such a manner, that they do not care to begin. I have not been yet able to go to Charles Town. I sent up some of your Grace's letters. Others I kept to carry myself. The people seem very unwilling to comply with any of H.M. orders. I was a favourite with them when I was here before a private man; but now they are angry, because I insist upon their paying obedience to the King's commands particularly to that maintaining the peace with the Indians. Some of their merchants carrying on a clandestine trade with ye French and Spaniards, are very zealous against everything that settle's the Indians in H.M. Interest; for if the Indians go to the French and Spaniards those merchants gain by it, because they sell to these nations at vast prices, goods to present and trade to those Indians. By this Act no person can go into the Indian country, without giving security for his behaviour, and obtaining a licence thereupon, a precaution absolutely necessary; since if men without security given, went into countries where are no magistrates to do justice to the Indians, they wou'd be apt to commit all sorts of offences. If we suffer'd the Indians to destroy them for such offences, we shou'd give them the Government from the King, and if we did not, they wou'd take a National revenge of us all, and be therein under hand supported by the French and Spaniards, who are labouring all they can to promote such an action. I thank God there are enough honest and faithfull subjects to H.M., both here and in Carolina, to execute the King's orders, notwithstanding the clamours of the men, who can bear no kind of government, but wou'd rather assist foreigners to draw slavery upon themselves and their posterity, than they will obey laws made by the best of Princes for their benefit. Excusing my being tedious is only making my letter more so, etc. Signed, James Oglethorpe. Endorsed, Without date, but received with a letter from him to Mr. Stone, dated Savanah, July 3rd, 1736. 3 2/3 pp. [C.O. 5, 383. ff. 29–30 v.].
July 3.
Antigua.
350. Governor Mathew to Mr. Popple. Encloses duplicates of June 1st and of an act of Nevis and two Montserrat acts; and an act of Antigua for laying a duty on powder upon all vessels etc. "This act ought to have been sent long ago, but I could not get it out of the Secretary's office, whither I sent it to be recorded etc. It ought to have been returned to me to St. Christophers, five months ago" etc. Encloses an act of Antigua for raising a tax for paying public debts etc., and particularly applying the said tax. PS.—I pray you will inform their Lordships, that Peter Thomas Esq., one of the Puisne Judges, being disordered in his senses, I have appointed James Gregory a Puisne Judge in his stead in St. Christophers. And there being but six Councillors in Montserat I have placed John Roynon Esq. at that board. Signed, William Mathew. Endorsed, Recd. — Oct., 1736, Read 4th Aug., 1737. Holograph. 1¼ pp. Enclosed,
350. i. Duplicate (original not recd.) of letter of 1st June, [C.O. 152, 23. ff. 1–2 v.].
July 7.
Boston.
351. Governor Belcher to the Council of Trade and Plantations. I had the honour of writing your Lordships 25th May last, from which time the General Assembly of this Province has been sitting and will rise in a few days. The first act they past was the Govemour's salary in the same manner as last year, which I shall sign according to H.M. last Instruction. I have wrote your Lordships year after year, that I have no expectation of the Assembly's supporting me any otherwise than they have hitherto done, and I now confirm it. No Acts have been past this Session of an extraordinary nature. The Secretary is preparing to send the Laws to your Lordships, with the accotts. of the Treasury and your Lordships have herewith the Journal of the House of Repre'ves. to this time. It is now, my Lords, near two years, that I have been sollieiting H.M. bounty of hemp seed, and which your Lordships were pleas'd to write to me you had favourably represented to the King, but as none is come, it has put a great stop to the raising of that Naval Store in this Province: If your Lordships could get through this affair, so as that the seed might be here before winter, there would be considerable quantities of hemp rais'd the next year. Signed, J. Belcher. Endorsed, Recd. 13th Aug., Read 16th Sept., 1736. 4 pp. [C.O. 5, 879. ff. 37–38 v., 39 v.].
July 8.
Boston.
352. Same to the Duke of Newcastle. It is now near five years, since I recd, your Grace's commands in favour of Mr. W. Shirley, who then came hither with his Lady from Great Britain, and has ever since been in the practice of the law, which (considering the mean value of the currency) makes but a small income. He has behav'd here much to his honour and reputation, and for some time has been appointed by the Lords of the Admiralty H.M. Advocate General for the Provinces of the Massachusetts Bay, New Hampshire and Rhode Island, which is a place of great importance to the Crown, and of much business, but no salary affix't to it. I have been consulting with Mr. Shirley, H.M. Advocate General about an Act of Parliament, to be brought forward at the next session, for the better preservation of the King's masts in his American Plantations, and his Lady, now a passenger with Capt. Durelly, carrys the draft of such an act, with which she will wait on your Grace. And although the act may be perhaps too smart in some things, and too loose in others, yet it may be the foundation, to give hints for drawing an act that may answer the good end propos'd. The care of prosecutions against trespassers in the King's Woods, which is a business peculiar to the Advocate General of these Provinces, (the Royal Navy being furnisht with masts out of them) depends intirely upon the Advocate General, [and] requires fidelity and skill to discharge it. Mr. Shirley is oblig'd to make long journeys sometimes at his own expence, as he has particularly done twice, to defend prosecutions carry'd on against some workmen of the Contractor with the Navy Board for cutting down masts for the Navy, in which the Crown's title to the woods in the County of York (late Province of Main) is affected, and appeals in these cases are now depending before the King in Council. The prosecutions against the loggers, and other trespassers, are frequent and difficult, (being unpopular and invidious) in the affair of the woods, which is of vast importance to the Crown, and rests singly upon H.M. Advocate. Mr. Shirley is considerable out of pocket, and on this accot., my Lord Duke, is su'd in an action of £500 damage, tho' he has acted with the utmost caution, and it can't be expected, that any Gentm. can serve the Crown with honour in this business, who is not properly supported. All seizures and forfeitures, arising in the Customs, go thro' the Advocate General's hands, and greatly depend on his care and fidelity. The putting in execution the Sugar acts has been chiefly thro' the care and vigilance of Mr. Shirley, as Advocate; yet in some cases, my Lord Duke, he is wholly unprovided for, as in a late instance, where eighty hhds. of molasses are secur'd for the payment of the King's dues, upon which Mr. Shirley was oblig'd to go to Rhode Island, and it is intirely owing to his direction, that the molasses are secur'd 'till tryal, and yet in this case Mr. Shirley is at his own expence, and must continue so all the time he defends them. I am satisfy'd it might have been easy for an Advocate in such a case to get from the owners 2 or £300 etc. Proposes that a salary be paid him out of H.M. Exchequer of at least £200 sterl. etc. Argues that the Attorney General of New York, an officer of not a tenth part of the trust and business of Mr. Shirley, has £150 a year etc. Sends this by the hands of Mrs. Shirley etc. Signed, J. Belcher. Endorsed, R. Sept. 17th. Holograph. 12 pp [C.O. 5, 899. ff. 231–236 v.].
July 8.
Boston.
353. Mr. Peagrum to the Council of Trade and Plantations. At the request of Mr. Shirley, testifies to the importance and onerous nature of the office of Advocate General: "The service of the Crown in carrying on prosecutions upon seizures and forfeitures agst. the merchants in these Provinces is attended with a popular odium and disgust and much trouble" etc. His fees arising from the business of the Customs. £15 sterl. a year etc. Signed, Jno. Peagrum. Endorsed, Recd. 29th Sept., Read 11th Nov., 1736. 4 pp. [C.O. 5, 879. ff. 79–80 v., 81 v.].
July 9.
Boston.
354. Mr. Waldo to Joseph and Ralph Gutston. Testifies to the services of Mr. Shirley, Advocate General in protecting the Crown woods, who ought to have a proper salary. Mr. Shirley has sent a draft of an act for their better preservation to Sir Charles Wager and the Duke of Newcastle. The country is engaged against the Crown in their actions against Leighton, their General Court having ordered their Agent to support Frost against his appeal at home. Describes how no one would buy or saw logs seized by the Advocate General and condemned, but these were surreptitiously sawn for the benefit of offenders and loaded by the coasters in their sloops, though Col. Dunbar warned them against doing so. Mr. Shirley has thereupon prosecuted one of the coasters in the Court of Admiralty for a contempt of the decree and procured him to be lined £100 province bills, for which he is now sued for £500 by the coaster etc. Signed, S. Waldo. Endorsed, Recd., Read 29th Sept., 1736. Copy. 3½ pp [C.O. 5, 879. ff. 55–56 v., 57 v.].
1736.
July 9.
Boston.
355. Mr. Waldo to Mr. Popple. Since I had the favour of the Royall order for Colo. Dunbar to quitt the Eastern lands, I have done all I possibly could to effect the settlement of two towns on St. George's River, which after a survey of the whole tract contd. in the patent, I had laid out, and notwithstanding a denyall Govr. Belcher gave me of protection began with the number of 163 familys, many of which being on the spott, and the others ready to remove there, but to my very great surprise, damage and disappointment I am forbidden by H.E. to proceed upon a pretence of the Indians, who att first manifested a good likeing to my settlement, being now dissatisfied, so that the poor people in that country are and will be much exposed to the insults of their Indian neighbours, and the settlement which I had hopefully begun with the expence of a large sum of money, will without the immediate protection of the Crown be intirely deserted etc. Is preparing a state of the case to be laid before the Board, etc. Signed, S. Waldo. Endorsed, Recd., Read 16th Sept., 1736. Holograph. 2 pp. [C.O. 5, 879. ff. 54, 54 v., 58 v.].
July 10.
Whitehall.
356. Order of Committee of Council. The Lords of the Committee this day took into consideration a Report made by the Lords Commissioners for Trade and Plantations, for repealing an Act past in the Province of the Massachusetts Bay, etc., to prevent the Currency of certain bills or notes of hand emitted by a Society or number of persons in the Province of New Hampshire, and heard Counsel for the Agent of the Massachusets Bay in support of the said Act, and, being informed that bills of credit to a great value have been issued in the several Provinces which formerly were a part of, and called New England, vizt. Massachusets Bay, New Hampshire, Rhode Island and Connecticut, do think it proper hereby to order, that the said Lords Commissioners for Trade and Plantations, do consider of, and lay before this Committee, a state of the paper currency in those Provinces. Signed, Ja. Vernon. Endorsed, Recd. 23rd July, Read 10th Aug., 1736. 1 p. [C.O. 5, 879. ff. 9, 14 v.]
July 10.357. Lt. Governor Gooch to Mr. Popple. Acknowledges letter of 18th March, received 6th instant. The Commissioners appointed to settle Ld. Fairfax's bounds will set out in the beginning of Sept., the only season of the year for such a survey, etc. Signed, Will. Gooch. Endorsed, Recd. 18th, Read 20th Oct., 1736. 2/3 p. [C.O. 5, 1324. ff. 27, 33 v].
July 10.
Boston in
N. England.
358. J. Wimble to the Duke of Newcastle. Abstract. The Collectors' places at Cape Fear and at Bath in N. Carolina being vacant, requests his Grace's help in obtaining one; "the former i should rather because I have a small instrust there" etc. Signed, James Wimble. Addressed. An illiterate letter. 1 p. [C.O. 5, 899. ff. 237, 238 v.].
July 15.
Kensington.
359. Order of Queen, Guardian of the Kingdom and H.M. Lieutenant within the same, in Council. Approving draught of Additional Instruction to Governor of S. Carolina concerning erection of a gaol. Signed, Ja. Vernon. Endorsed, Recd., Read 25th Aug., 1736. 1½ pp. [C.O. 5, 365. ff. 115,118 v.].