America and West Indies
September 1736

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Institute of Historical Research

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1953

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272-284

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'America and West Indies: September 1736', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 272-284. URL: http://www.british-history.ac.uk/report.aspx?compid=72850 Date accessed: 28 August 2014.


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September 1736

Sept. 2.383. Lt.-Governor Gooch to Mr. Popple. Encloses following to be laid before the Board. Signed, William Gooch. Endorsed, Recd. 1st Nov., 1736, Read 3rd June, 1737. ½ p. Enclosed,
383. i. Account of H.M. revenue of 2s. per hhd. in Virginia, 25th Oct. 1735—25th April, 1736. Totals: Receipts (including £6152 9s. brought forward), £7198 5s. 0¼d. Expenditure, £2206 0s. 5¼d. Signed, John Grymes, Recr. General; John Blair, D. Audr., and William Gooch. 2 pp.
383. ii. Account of H.M. revenue of quit rents, 25th April, 1735–1736. Totals: Receipts, £9648 10s. 11½d. (including £5742 5s. 4d., brought forward). Expenditure £1284 18s. 11½d. Signed as preceding. 4 pp. [C.O. 5, 1324. ff. 51, 52–54 v., 56 v.].
Sept. 8.
Annapolis
Royall.
384. Lt. Gov. Armstrong to the Council of Trade and Plantations. I have received your Lordships' letters of the 18th September, 1735 and of the 7th May last; wherein you take notice of some omissions or obscurities in mine of the 27th September and the 8th Dec. last year. As most of the passages relate to Canso, I must referr your Lordships to the Commanding Officer's report whom I shall direct to send you an account of the duties payable there, what ships are employed on that fishery, to whom they belong and the number of the English inhabitants. As to the effective men belonging to the regiment, here are in this Province nine companys and one at Placentia; we endeavour to keep them up to ye establishment as near as we can, they were compleat last fall and we have had but small loss since. The encouragement I published at Boston which your Lordships desire to be inform'd of, was only this, I intimated to the people there, that I intended to be at Canso myself the following summer in order to settle the rights of the traders according to their just pretensions and to grant away the inappropriated lands to such as were disposed to settle there and to accept of them on the terms of H.M. Instructions. As to what your Lordships mention, that, in my letter of the 8th of December, I told you that there's no trade carried on at Canso, I do not remember I ever said so and referr myself to that letter for my vindication. As to the Indian presents, the state of Canso and the necessity there is of erecting a fort there for the protection of the fishery, I can add nothing to what I have largely wrote before ; I am convinced that your Lordships will do everything in your power for the good of the Province and H.M. service. I have nothing new to trouble your Lordships with only to acquaint you that I've swore in the Commissary of the Musters at Canso a member of H.M. Council. He is a gentleman who has deserved well of the Government, and likewise that I have granted two patents for the lands and mines up the Bay of Fundy to some gentlemen who I hope will answer H.M. intensions, for further light I beg I may referr to the minutes of Council and Patents herewith transmitted. PS.—Mr. How, the gentleman who brings this, having resided long at Canso, will give your Lordships a just accot. of the state thereof. Signed, L. Armstrong. Endorsed, Recd. 4th Jan., Read 7th Sept., 1737. 2 pp. Enclosed,
384. i. Grant of lands and mines in the Bay of Fundy, containing some 50,000 acres, "on the south side of Chiconecto Bason" in 36 shares jointly and severally to the following :—Governor Philipps, Lt. Gov. Armstrong, and Lt. Governor Alexander Cosby, Paul Mascarene, John Adams, William Skene, William Shirreff, Henry Cope, Erasmus James Philipps, Otho Hamilton and Edward How, members of H.M. Council; and King Gould, Alured Popple, Henry Popple, Andrew Robinson, Henry Daniel, John Handfield, Donald Macqueen, Edward Amhurst, Archibald Rennie, Thomas Armstrong, James Gibson, Rowland Philipps, Charles Vane, Samuel Cottnam, John Hamilton, John Slater, John Dyson, George Mitchell, William Winniett, Nathaniel Donnell, Peter Blin, George Craddock, Robert Baden, and John Forrest. 1d. sterl. Annual quit rent beginning 30th Aug., 1739. 1/10th part to be cultivated every 3 years. Good tenantable houses to be built in a township to be called Norwich. All timber fit for masts to be reserved for H.M. use. Land to be allowed for permanent support of a Minister and Schoolmaster. A continued space of land 100 yds. wide on the banks of all creekes and rivers to be left free and common to the public etc. Signed, L. Armstrong, by and with the advice of the Council. Endorsed as covering letter. 30th Aug., 1736. Copy. 5½ pp.
384. ii. Similar grant of 50,000 acres "on the south side of the Bason of Menis" to same as preceding, except that Samuel Donnell is named in place of John Forrest. The township to be called Harrington. 31st Aug., 1736. Signed as preceding. Endorsed, Recd. 4th Jan., 1736/7. Copy. 4¾ pp. [C.O. 217, 8. ff. 1–7 v., 8 v., 9 v.].
Sept. 16.
Antigua.
385. Governor Mathew to Mr. Popple. By the death of John Roynon Esq., and the absence of Nath. Webb Esq., there was not even a quorum of Council at Montserat. I have therefore been forced to swear two members, vizt., John Osborn and John Webb Esqs. And now by the death of my son William Mathew, there is a vacancy in the Council of St. Christophers. I send by Capt. Solomon Phipps, and to be delivered by himself, a box and in it minutes of the Council of Nevis, 29th March, 1736 to 29 June foll., of Antigua from 16 Janry. to 16 April, 1736 etc. Signed, William Mathew. Endorsed, Recd. 8th Nov., 1736, Read 4th Aug., 1737. Holograph. 1 p. [C.O. 152, 23. ff. 3, 4 v.].
Sept. 18.
New York.
386. President Clarke to the Duke of Newcastle. I humbly beg leave to inform your Grace that on the 14th instant about eighteen or nineteen of the Assembly coming to town on my adjournment met in the House, but would not put the Speaker in the Chair; after some discourse they sent two of their members to me desiring a copy of the clauses in the Commission and Instructions relating to the suspension of Councillors, I sent them to them, and then adjourned them to the next day ; by that time they made up two and twenty of the seven and twenty of which the House is composed, and having debated the matter for some time, the Speaker not being in the Chair young Morris thinking he might carry away so many as would reduce the rest to a minority, as he did in the Spring, rose up and mad a feint to be gone and three or four following his example called to some others to go with them, but all the rest keeping their seats Morris and those who rose with him returned, and then the majority agreed to send the Speaker and another of their members to me desiring me to adjourn them to the second tuesday in October, they assured me it would have a good effect and I complyed. I do myself the honor to send to your Grace the papers which came out at this time wherein the malcontents' objections to the legality of Van Dam's suspension and my administration are stated and answered; I was in hopes to have had the honor to receive from your Grace H.M. approbation of Van Dam's suspension which would have put an end to the faction. I am not without great hopes that the Assembly will sit in October and I promise myself success in their proceedings as to the making good the deficiencies of the Revenue. If your Grace will be pleased to give yourself the trouble to read the inclosed papers printed by Zanger and a copy of a manuscript certifyed by the Mayor you will see to what a heighth of villany they are arrived, and yet they do not pretend any other cause, then that I have usurped the administration of the Government; and it is no small satisfaction to me that I have given them no other cause of complaint, nor has there been since the Spring, when the Assembly was to meet, the least stirr or noise about the town till now, when they v, ere about to meet again; all their strength is bent to keep them from sitting as the only thing left them to keep up the appearance of discontent, and to distress the Government, but I hope they will fail of their expectations, and then I shall be able to give your Grace a good account of the province. I have been obliged to say something in those papers, wrote on the side of the government, to keep me from being suspected to be the author, which nothing else could excuse, and I should blush to own ; they have already had a good effect on the majority of the Assembly and on the people, etc. Signed, Geo. Clarke. Holograph. 3 pp. Enclosed,
386. i. Declaration by Paul Richard, Mayor of New York, 30th [sic] Sept., 1736. On the 14th Sept. I took up a paper in the Widow Brazier's Coffee House, which she told me was thrown into her house, but knew not by whom, on the outside whereof was written, "Liberty," and in the inside whereof was written, "Better one man dye, than the people be enslav'd. What meritts a Usurper. Let him be destroy'd. Amen." The same day I delivered the paper to President Clarke etc. Signed, Paul Richard. Sealed. Endorsed, To Mr. Clarke's letter of Sept. 18th. 1 p.
386. ii. Copy of The New York Gazette, Sept. 6–13, 1736. Numb. 567. Printed and sold by William Bradford. 4 pp.
386. iii. The Sentiments of a Principal Freeholder Rfer'd to the Consideration of the Representatives of the Province of New York. Westchester, Sept. 1st, 1736. Defence of Mr. Clarke and criticism of Mr. Van Dam's Protest etc. Signed, F.S. Printed. 4 pp.
386. iv. A letter to one of the Members of the late General Assembly. 1736. A reply to No. iii. No signature. Printed by John Peter Zenger. 1¾ pp.
386. v. Copy of The New York Weekly Journal, Containing the freshest Advices, Foreign and Domestick. Thursday, Sept. 13th, 1736. Contains a letter, dated Sept. 1st., from one of the members of the late Assembly, who refused to act with George Clark, to a Brother Member. Printed and sold by John Peter Zenger: By whom Subscriptions for this paper are taken at three shillings per quarter: and Advertisements at three shillings the first week, and one shilling every week after. 4 pp. [C.O. 5, 1093. ff. 412–413, 414, 416–422 v.].
Sept. 24.
Whitehall.
387. Council of Trade and Plantations to the Duke of Newcastle. We have lately had under our consideration, some letters from Mr. Belcher, Governor of the Massachusets Bay and New Hampshire, as likewise some letters from Colo. Dunbar, Lieut. Governor of New Hampshire ; and as we see no reason to expect that the disputes between these two gentlemen, with regard to their respective powers of Government, will ever be determin'd without H.M. interposition ; we take leave to acquaint your Grace, .that in the year 1731, Mr. Belcher having taken upon him to give orders to the Commander of Fort William and Mary, in New Hampshire, not to suffer Colo. Dunbar to enter the said Fort, in quality of Lieutenant Governor of that Province, nor to obey any commands in relation to the said Fort, except such as he should from time to time receive from him the said Mr. Belcher, we did on the 4th of November, 1731, lay a state of this whole affair before H.M., with our opinion thereon ; but as we are not apprized, that H.M. has since been pleased, to give any directions upon this subject, we take leave further to observe that Mr. Belcher sends his orders relative to the Government of New Hampshire from the Massachusets Bay, to the President of the Council of Government of New Hampshire, notwithstanding he knows Colo. Dunbar, the Lieutenant Governor to be present in the Province, and avows the same in his letters to us. As these proceedings of Mr. Belcher are taking from Colo. Dunbar those powers which we apprehend H.M. has been pleased by his Commission to invest him with, and as we are of opinion, that H.M. prerogative, and the interest of the Province, do greatly suffer thereby, we must desire your Grace will be pleased to receive H.M. directions upon a subject of so much consequence. We have taken the liberty to inclose to your Grace a copy of our aforemention'd Representation; and shall not therefore trouble your Grace with any further detail of that affair. Autograph Signatures. 2½ pp. Enclosed,
387. i. Copy of Representation of Nov. 4, 1731. [C.O. 5, 752. ff. 283–287, 290].
Sept. 24.388. James Huey to Mr. Popple. Requests him to lay the following before the Board. Signed, James Huey. Endorsed, Recd. 24th Sept., Read 27 Oct., 1736. Addressed. ½ p. Enclosed,
388. i. Same to the Council of Trade and Plantations. The last time I was admitted to attend your Lordships, you desired me to let you know if we were willing to engage to pay H.M. quit rents here after the experation of ten years from the date of the grant; I have since consulted with sum of the gentlemen consern'd with me and we are of opinion that it is a thing that cannot be done, particularly in so large an undertaking as that of ours is, the difficultys are many that would attend this method of proceeding ; some of which we begg leave to lay before your Lordships. 1st. We are oblidgd by vertue of our grant should it pass to settle 6000 Protestants, they are to pay the quit rents to the Crown in the same method as practicd by the Colonys and will hold thyr lands by that tenure, but should the undertakers engage to pay the Quit rents, and that thyr should be only a private covenant between them and thier tenants, in that case we aprehend, we shou'd be under a necessity to take out separate actions against every person that neglected to pay his quit rents, there are particular laws in the Colonys to inforce the payment of the quit rents to the Crown but in our case it would be consider'd only as a common debt ; the Crown has officers appointed for the collection of the Quit rents, and H.M. Governour is to direct them affairs, but were we to undertake the payment of the quit rents in to H.M. Treasury we can have no relieff, but at an infinite charge. The charge of the Survey will amount to .. .. .. .. £2100
The charge of marking out the severall divisions will amount to .. .. .. .. £2400
£4500
Therefore as we shall be oblidgd to advance so much money immeditably, it is hoped that our so doing will be look't upon as a security, and that we are determind to carry on the settlement in a proper manner. 1 p. [C.O. 5, 295. ff. 35–36 v.].
Sept. 25.
Falkland,
St. John's
Harbour.
389. Capt. Lee, Governor of Newfoundland, to the Council of Trade and Plantations. The time of his return being very near, sends replies to queries with scheme of fishery, containing as much of the fishery as has been transmitted in former schemes. Continues:—I must observe to you, that there are some places in this Island, where there is very great fishing, of which your Lordships may not have had any particular account of, particularly the fishery of Fogo, which is to the No'ward of this harbour, about the lattitude of 50°. 60 No., as likewise the Island of St. Peter's, the harbours of Great and Little Burin, with several other fishing ports on the western shore, whose fishery has been of good account of late years, the particulars of which would never be obtain'd by H.M. Ships, the said coasts abounding so full of rocks, of which there are no charts to be depended upon, nor very seldom pilots, whose judgement can be of any service. I am hereby to inform your Lordships, that the complaint, which has been made unto you, that the French contrary to 13th and 14th articles of the Treaty of Utrecht, do fish, and have made settlements at Port Bask, near Cape Roy in the westward part of Newfoundland, and that they are supply'd with provisions from France, and that they carry on their furr trade there, during the winter season, has been without foundation ; and I an to acquaint your Lordships, that pursuant to your desire, I have made the most particular enquiry, I could, into that affair ; and accordingly gave my orders to Capt. Willm. Parry of H.M.S. Torrington, that during his cruize to the westward of this Island, he should make the best observations, he could, about that affair; whose answer to my said orders, I shall transmit to your Lordships. At his return from the said cruize, he inform'd me by his letter, that he had rec'd the following accounts, from Thomas Salmon Esqr. one of H.M. Justices of the Peace at Placentia, Capt. Rowland, and several other persons of that place, who had often been at Port Bask, that there are three or four French inhabitants, who reside there constantly, that they have taken the oaths to our Government, that 'tis true they make a winter's fishery, and are supply'd with craft from the English fishing ships belonging to Pool, who fish annually at St. Peter's ; that they do catch some few furrs, that one Capt. Robt. Cleave generally takes off their fish, oil and furrs, that they are supply'd with nothing from France, and that they send nothing to France, but that their whole produce is taken off, by the English of St. Peter's. Pursuant to 2nd article of H.M. Instructions to me, to observe the Act of Parliament, of the 10th and 11th years, of the reign of King William the third, in relation to murthers, felonies and other capital crimes, committed in or upon Newfoundland, or the Islands thereto belonging, Capt. William Parry aforesaid, having brought hither, one James Kelly, who he had received on board at Placentia, at the instances of the Justices of the Peace there, the said Kelly being suspected to be concern'd in a murther of one Levimore at Renouse, which Kelly, I have order'd to be carried by the said Capt. Parry prisoner to England, I have also order'd Capt. Parry to receive on board two material evidences against the said Kelly. I must here observe to your Lordships, that the conviction of persons, who have been guilty of murthers, felonies or other capital crimes in this Island, by their tryalls in England, is very difficult, for such people, who are the chief evidences, will always if possible abscon'd, to avoid being carried, as such, to England, and I can't but say they have good reasons for their so doing ; for on such occasions, besides their loss of time, by their absence from their home in this country, by which they must inevitably lose the next year's fishing, after the tryall of the suspected murtherer, or felon, the evidences are left to return to their families, at their own expence, which may put them very much behind hand, if not ruin them in their affairs; this I thought proper to submitt to your lordships' approbation. The 4th article of H.M. Instructions, relates to the suppressing the engrossing of commodities, tending to the prejudice of the fishery, herein I am to observe to your Lordships, 'tis the common practice of the people, called merchants here, to engross all commodities, as often as they have opportunity, without any consideration, to whose prejudice it may be, nor can I find any means to prevent this by my authority, as every person pleads his right to lay out his own money. By the 5th article, I am to acquaint your Lordships of the arms, ammunition, and stores, in the garrison of Placentia, of which, they are pretty well provided, tho' I must let your Lordships know, that the company of Collo. Philips' regiment in garrison there, are entirely unprovided with small arms, which account I have from the officers, and of which, I think it necessary to acquaint your Lordships. In answer to the 7th article of H.M. Instructions, I have used my utmost endeavour for the due observation of the Act, passed in the fifteenth year of King Charles the Second, (for the encouragement of trade) pursuant to which act, I lately made seizure of a ship in this port, come from Lisbon, who contrary to the said act, had some wine, oil, and sugar, which he imported here, the said ship was condemned by Court of Admiralty, and sold for £120 sterl. at publick sale : Capt. Parry did also seize a small sloop at Trepassey, having some tobacco on board, which he had ship't in Marry Land, and for which, no bond had been given, to land it on any of H.M. Plantations. Pursuant to 14th article, I had by me the Act to encourage trade to Newfoundland, which I duly as possible observ'd. I must say that I believe the Admirals of the respective harbours, do not take any care to hinder vessells from throwing out ballast, or press stones, which is very frequently done in the several harbours, to the great prejudice of them. In answer to the 22nd article, the big boat keepers and masters of fishing ships, don't carry over such numbers of fresh men, in proportion to their respective companies of seamen, as the act directs, many of them are not furnish'd with proper certificates of having made oath before their sailing from England, that they do carry such numbers of green men; I don't know what account the Custom House Officers, at the ports they come from may keep, but the Admirals here, have no sort of account, but what your Lordships see in the fishing scheme. As to the 23rd article, the inhabitants employ such people as they can hire, without any regard to the said act. The 27th article is, wether the Admirals are careful! to maintain peace, and good government in the harbours, and on shore, to which I must observe, the Admirals, are cheifly employ'd in their own fishing, and frequently are absent a month at a time on the Banks. When the said act was made, I believe, there were no Justices of the Peace in Newfoundland, and those who are in that station at present, being collected from the better part of people, inhabiting this country, are much more capable, of preserving good government ashore, as required of them, by the words of their Commissions, while what disorder may happen in the harbours is generally settled by the officers of H.M. ships, on this station, or in case of difference, both parties generally agree to our final determination, and submit thereto. In answer to the 50th article, of H.M. Instructions, of the plantation goods brought to Newfoundland, those inumerated by Acts of Parliament are only rum, tobacco, sugar and melosses; I could never find that they export these commodities hence, to any foreign parts, by any indirect trade, but the use made of them is to pay of their servants wages, very often in a scandalous manner at exorbitant prices, very much to the prejudice of such servants, who have any families. In answer to the 51st article, the merchants in New England carry on a great trade to this Island, cheifly by their rum, and provisions, they comonly sell for money, or bills of exchange, which they carry hence to New England, and which is of great help to them, in answering their trade, which they import from Great Britain. In answer to the 52nd article, there are a great many publick houses in this country, particularly in St. John's Harbour, I endeavour'd what in my power lay, to keep them in some order, and did oblige the keepers of the said houses to have licences from me, which I gave to none but such, for whose orderly behaviour, I had assurance, they will trust the common people here and thereby receive great part of their wages, and I am certain there is no method to prevent it while rum is imported. In answer to the 57th article, the New England traders do intice, and carry thither people of any sort, from this country, any of the inhabitants will readily assist them therein, for any private advantage of their own. In answer to 58th article : I have prevented the foregoing practice, as much as lay in my power, and did oblige all masters of New England ships, that came in my way, to give bond, not to carry away seamen etc., notwithstanding which, there will never be wanting frequent opportunities of their carrying off passengers, both before the arrival of the convoy, and after their departure. I can't imagine any way to prevent this great evil, unless some fine were laid on masters of ships, carrying persons from Newfoundland to New England, without proper leave, which fine I beleive cannot be laid without a new Act of Parliament, which might be of great use in many cases to the trade of this Island which I submit to your Lordships better judgment. In answer to 59th article, relating to the complaint of the English Consuls, and merchants, residing in Spain, Portugal and Italy, which complaints, I beleive, are very just, since it appears very true, that the French fish, has sold of late years, at the price of one dollar p. quintel, at least, in the Italian markets, more than the English fish ; the reason of which according to my observation, is no ways from the badness of the salt, or for want of sufficient quantity, the common quantity of salt for one hundred quintals of fish, being ten hogsheads, and I must observe to your Lordships that the greatest reason, I can find, is, the fish being sent hence to foreign markets, before it is cur'd in such manner as it should be. Of this I have had certain proof this year, the occasion of which is as follows, the sack ships from Europe who come cheifly loaded with salt, and some other commodities, pay therewith in part, and the rest by bill on their merchants in London, according to the best agreement, they can make with the boat keepers. Now the masters of the said sack ships are always jealous of each other and contriving which shall carry their fish first to market, to which purpose they frequently ship their fish before 'tis cured which thereby suffers in the passage so much, as to fall miserably in the price, and 'tis generally beleived many of the merchts. concern'd in the sack ships, will suffer considerably on the said account this year. In answer to 65th article etc., the memorials and petitions laid before you, from Bristoll, Pool and Dartmouth against the Justices of the Peace have been cheifly form'd by masters of merchant ships, who are very often very ignorant and very impudent fellows, and particularly behave as such to the Justices of the Peace in the execution of their duty. I have been often troubled thereby, and have affidavits which have been sent me from inhabitants of other harbours, as well as the information of the Captains of H.M. ships, how much the Justices of the Peace are frequently insulted and male treated by inhabitants, boat keepers, but more especially masters of merchant ships. The present Justices of the Peace are mostly of those gentlemen, who were chosen and approved of by my predecessors, and where I have had occasion to appoint any new ones, I have entirely acted in that affair by the generall consent or desire of the better sort of the inhabitants and this I am very well assur'd of, they are composed of the better sort of the inhabitants in this Island etc. I have herewith inclosed to your Lordships the bonds taken from masters of New England ships, as also the scheme of the fishery for 1735 with this year's, because I found some mistakes in that, which I sent your Lordships last year. Signed, J. H. Lee. Endorsed, Recd. 6th Nov., 1736, Read 13th Jan., 1736/7 4½ large pp. Enclosed,
389. i. State of the Planters and inhabitants, with a scheme of the fishery at Newfoundland for 1735. A few small corrections from that given Sept. 29, 1735, but quintals of fish made by the inhabitants is now returned at 290,825, and carried to foreign markets, 314,475 [sic]. 2 large pp.
389. ii. Same for 1736. Number of ships, 259; burthen, 20,923; men belonging thereto, 3,064 ; passengers, 2,484; boats kept, 917 ; by boatmen, 2165; quintals for fish made, 292,410; carried to foreign markets, 299,030; 1230 tierces of salmon; train oil made, 1449½ tons ; prices, per quintal, 10s., 10s. 6d., or 21 reals; of salmon, 45s., of train oil pr. ton £9 10s. to £12 ; number of stages 426, of trainfatts, 259. Number of families, 362; acres of land improved, 201; inhabitants, 3,391, remaining in the country last winter, 2,786; births, 68, deaths, 36. Endorsed as covering letter, 1½ large pp.
389. iii. Thirteen bonds given by masters of Plantation ships not to carry off any men but what belonged to their ships. Same endorsement. 13 pp. [C.O. 194, 10. ff. 25–27, 28 v.–31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 v.].
Sept. 27.390. Wavell Smith's answer to the observations of the Agent of St. Christopher upon Mr. Smith's and Mr. Balaguier's accounts. Shows that in many instances the Agent has misrepresented the facts and charges. Concludes :—But it's submitted the question upon the present act is simply whether Mr. Smith is to have an allowance in gross for all the publick business (instead of fees), against all usage, and without any regard how business may vary, or what expence he may be at etc., and whether £60 present currency paid in sugars which is worth about £30 sterl. is a sufficient hearing is submitted on what passed at the hearing (v. Journal of Council). But the vote of the Legislature of St. Kits in June, 1735 (v. 24th Nov.) seems to have put this matter beyond all dispute etc. Considering the Instructions this act is passed in breach of, hopes the Board will report against confirming it, and advise H.M. to direct the Governor and Council to state the account of the said Smith according to the usual allowances paid to his predecessor and self to the time of making the said act, and also to state what has accrued due to him or his Deputy since, according to the said allowances, and to recommend the payment thereof to them, as well as to take care for the future the said Smith and his Deputy be paid for such services as shall be by them performed for the publick according to the usual and accustomed allowances upon the like occasions and in legal money. Endorsed, Recd. 27th Sept., Read 25th Nov., 1736. 3½ large -pp. [C.O. 152, 22. ff. 243–244 v.].
Sept. 27.
Whitehall.
391. Duke of Newcastle to the Council of Trade and Plantations. I herewith send your Lordships, a copy of a letter which I have received from Monsr. Geraldino, Agent for the King of Spain etc. I am to acquaint you with Her Majesty's pleasure, that you should enquire into this matter, and send me a state of it, for H.M. commands etc. Signed, Holles Newcastle. Endorsed, Recd. 28th, Read 29th Sept., 1736. 1 p. Enclosed,
391. i. M. Geraldino to the Duke of Newcastle. London. 21 Sept. /2 Oct., 1736. The King my master had every occasion to hope, from the representations of the Ministers of His Britannic Majesty made to me in Sept. 1735. before the departure of Mr. Oglethorpe, that his visit to Carolina, far from producing any results contrary to existing Treaties, might help to establish a perfect understanding between the Governments of that Province and Florida etc. But on the contrary, the Governor of St. Augustin has had the mortification of seeing a fort, situated in the territory of His Majesty, eight leagues from St. Augustine, attacked on the 3rd of March of this year by the inhabitants of Georgia, who, having killed one of the Spanish soldiers who defended it, cut off his head and carried it away with them in triumph. After which, the said inhabitants of Georgia built a fort in the territory of the Government of Florida, 25 leagues to the North of St. Augustine, at the mouth of the River St. Simon, and put a garrison there to defend it, although in the past the inhabitants of Carolina, who had built a fort at the same place, had demolished it by order of the English Court at the request of that of Spain. The Governor of St. Augustine has etc. also informed the King that he had just been advised by his Lieutenant at the fort of San Marrcos in the Province of Apalache, that the Indians of the Provinces of Uchee and Talapuzee, His Majesty's subjects, had complained that the English were then employed in building a fort in His Majesty's territory inhabited by the Uchees, and that they even announced that they would build another in the territory of the Talapuzies, north west of St. Augustine, and that another party of three hundred English had appeared on the frontiers of the same Province, and that having unfurled a standard of war in a Poblation of Indians named Apalachicola, they had summoned the principal Poblation of the said Province, called Caveta, to join them in making war upon the Spaniards, informing them at the same time that they were resolved to demolish the Fort of San Marcos and afterwards to lay siege to St. Augustine. The Governor of St. Augustine did not hesitate to believe this, because the English of Georgia made continual incursions into the territory of Florida, and disturbed the inhabitants there, etc. Submits these patent facts to the consideration of His Britannic Majesty, and adds :—The Colony of Carolina being situated 32° latitude, 294° longitude, and that of Georgia being to the south of it, it is indisputable that the latter is in Spanish territory, and even the former, according to the Treaty of 1670, the 7th Article of which fixed the boundary of the said Province and that of Florida at 33°. 50 min. latitude and 339°. 20 min. longitude, although the town named Carolina was tolerated because it was built before the aforesaid Treaty. And as by the 8th Article of the Treaty of Utrecht it is agreed that the boundaries in the West Indies should remain on the same footing as they were under Charles II, etc., the King my Master does not doubt but that His Britannic Majesty will give immediate orders for the punishment of the inhabitants of Georgia etc., and their observance of the limits fixed by the aforesaid treaties, and that the forts built on the territory of Florida be immediately destroyed etc. Signed, Thomas Geraldino. Copy. French. 5 pp. [C.O. 5. 365. ff. 119, 120–122, 123 v.].
Sept. 30.
Whitehall.
392. Mr. Popple to the Trustees for Georgia. H.M. having been pleased to refer to my Lords Commissioners for Trade and Plantations, a letter to the Duke of Newcastle from Monsr. Geraldino, Agent for the King of Spain here, containing several complaints against the inhabitants of the Colony of Georgia, etc., encloses copy and concludes: My Lords are desirous of speaking with you upon that subject on Wednesday morning next at eleven o'clock. [C.O. 5, 401. pp. 175, 176].
Sept. 30.
Whitehall.
393. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 13 acts of Barbados, 1734–1736. [C.O. 29, 16. pp. 48–51].