America and West Indies
February 1737, 16-28

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Institute of Historical Research

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K. G. Davies (editor)

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1963

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40-59

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'America and West Indies: February 1737, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 43: 1737 (1963), pp. 40-59. URL: http://www.british-history.ac.uk/report.aspx?compid=72899 Date accessed: 22 November 2014.


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February 1737, 16-28

[February 16.]81 Memorial of John Rodolph Ochs to Council of Trade and Plantations concerning settlement of Swiss in America. There are penty of industrious and laborious people in Switzerland who with proper encouragement could become settlers in America. As a result of the mismanagement of Mr. Purry and the misleading book which he published the people he brought over were disappointed and many are said to have died or fallen sick. The governments of Zurich and Berne have accordingly forbidden their subjects to go to America and there are now only some little cantons such as Appenzell where emigration is still allowed. A party of 80 families from this canton went last October to the Savannah river, but they will soon decrease in numbers and the country will be little the better for them. Help for them would be ill-employed, as well as on those settled at the charge of the government at Purrysburg two years ago: 40 out of 109 died within two months of arrival. Another party of 6000 Switzers has been proposed for settlement in Neuse river in North Carolina by the agent of Governor Johnston. The disturbances resulting from so many different parties will certainly cause emigration from Switzerland to be prohibited. If the Swiss are to be encouraged you should examine where they can best be settled so as to preserve their health and prove most serviceable by producing the crops they know how to cultivate, vizt. wheat and other grains, vines, hemp, flax, cotton (in silk and potash they must be instructed) and many other useful commodities. The Savannah river is not suitable for them; it is good only for planting rice which necessitates slaves. It is certain that of all the projected settlements none has such a chance of success, as regards both health and production, as Mr. Jenner's proposal for the mountains in North Carolina or Virginia which deserves to be countenanced above all others. Signed. 3 pp. Endorsed, Recd. 16 February, Read 11 March 1736/7. [C.O. 5, 295, fos. 73–74d.]
[February 16.]82 Same to same. I have received letters from Mr. Jenner and his associates in Switzerland with replies to your objections to the articles of settlement. There would be no more danger in settling a colony of foreign Protestants in North Carolina than there is from the 30,000 in Pennsylvania. The privilege of serving in all offices, military and civil, in the colony is justified for those who are giving up citizenship in their own country and bringing with them a stock of 6000l. sterling to settle and support themselves. Your insistance upon 4s. quitrent per 100 acres would provoke the inhabitants of North Carolina against the Swiss for setting a precedent, the Lords Proprietors having demanded no more than 2s. The land proposed for settlement is already encumbered by heavy transport charges both for land and water carriage. The limitation of 10 square miles is very disadvantageous for we are told that the land bordering the Roanoke river is all taken up and what is left is hilly and rocky so that in an area of 10 miles square perhaps not a quarter is good land, for which a quitrent of 4s. would be hard. Mr. Jenner is aware of a powerful opposition hindering the grant and perceives the same influence in the Council, but acknowledges your general good disposition.
In view of all these difficulties and having received an offer from Virginia to sell them 30,000 acres of land bordering on a river, the Swiss thought it best to buy the land for themselves instead of applying for a grant. They hope thereby to show themselves serviceable to the province they settle in and advantageous to the nation without making a great noise or pretending to perform great matters. They ask you only for recommendation to the government of Virginia, exemption from quitrents and taxes for 10 years (by reason that their land lies so far from navigable rivers), and that all land not taken up in those parts may be reserved for the increase of this colony. They will take up the land originally petitioned for only if they can choose it in parcels where they find it convenient and have it at 2s. quitrent; otherwise they will decline. They would rather pay 4s. for land in the lower parts on the river sides. Signed. 3 pp. Endorsed, Recd. 16 February, Read 11 March 1736/7. [C.O. 5, 295, fos. 76–77d.]
February 16.
St. James's.
83 Royal licence of absence for one year to Gilbert Fleming, lieut.– governor of St. Christopher's, in order to pass an account at the Exchequer. Entry. 1 p. [C.O. 324, 37, p. 39.]
February 16.
Whitehall.
84 Alured Popple to Francis Fane, enclosing copy of two paragraphs in a letter from Governor Fitzwilliam dated 12 November last relating to the estate of a deceased mulatto and to treasure found at Providence, for his opinion in point of law on the two cases mentioned. Entry. 1 p. [C.O. 24, 1, fos. 160d, 161.]
February 16.85 Attorneyand Solicitor-General to [Alured Popple (fn. 1) ]. We have perused the case you enclosed to us and find it necessary to trouble you to transmit to us a copy of Lord Howe's commission, which is but shortly stated therein, that we may the better judge when we peruse the whole whether the office of surveyorgeneral was in his power to dispose of by that commission and whether his private seal at arms be a proper way of putting that power in execution. We therefore desire to see the same and to know whether the governor's private seal is commonly made use of in the grants of any and what offices in the Plantations. It will likewise be necessary to be informed whether the instance in 1690 of a grant of the same nature be the only instance of the grant of that office, or whether it has been usually granted in the same or any and what different manner and under what seal and whether generally or for life or at pleasure. Signed, D. Ryder, J. Strange. 1 small p. Endorsed, Recd., Read 17 February 1736/7. [C.O. 28, 24, fos. 192–193d.]
February 17.
Whitehall.
86 Alured Popple to Attorneyand Solicitor-General, replying to letter of 16 February and enclosing draft of the commission which Lord Howe had for the government of Barbados. Please return. I can make you no other answers to the two questions you ask but such as are grounded upon information only. In answer to the first, I have been informed, and I believe it has been the custom, to issue commissions for the judges and justices of the peace under the great seal. But military commissions, some of less authority, and proclamations have been issued under the governor's private seal at arms. In answer to the second question, I know of no commission of this nature but that granted in 1690 and Mr. Edlington's, of which I sent you a copy and which is in the same terms exactly as that granted in 1690. Entry, 1 ¾ pp. [C.O. 29, 16, pp. 63–64.]
February 17.
Whitehall.
87 Same to Josiah Burchett, Secretary to the Admiralty, enclosing copy of letter lately received from Governor Fitzwilliam complaining of conduct of Capt. Simonds, commander of H.M. sloop Shark stationed at the Bahama Islands. You will please lay them before the Lords Commissioners of the Admiralty. Entry. ½ p. [C.O. 24, 1, fo. 161d.]
February 17.
Whitehall.
88 Council of Trade and Plantations to the King, recommending John Maycock to be a councillor in Barbados in the room of Mr. Ashley who has left the island without any design to return thereto. Entry. Signatories, Fitzwalter, Martin Bladen, Orlando Bridgeman, James Brudenell, R. Plumer. ½ p. [C.O. 29, 16, p. 62.]
February 18.
Whitehall.
89 Same to Governor Jonathan Belcher. A commission is being prepared (the charges of which the agents of Massachusetts and New Hampshire have agreed are reasonable, equally to be borne by both provinces) appointing the five eldest councillors of New York, New Jersey, Nova Scotia and Rhode Island (except only Major Mascarene of Nova Scotia who appears to be a person interested in Massachusetts) commissioners for settling the boundaries between Massachusetts and New Hampshire, care being taken that private property should not be affected thereby. You are required to recommend to the Massachusetts assembly to appoint two public officers residing in that province on either of whom notices, summons or final judgement of the commissioners can be served, and to send the names of such officers to the commissioners at their first meeting together with a plain and full state of the demands of Massachusetts in writing and describing where the southern and northern parts of New Hampshire ought to begin and what course they ought to run. In case of omission the commissioners are empowered to proceed ex parte. We enclose copy of Order-in-Council of 9th inst. and expect you to carry out every particular thereof. We likewise send directions to the same effect to Col. David Dunbar with a copy of the said order that he may in case of your absence carry the same into execution in New Hampshire. Entry. Signatories, Fitzwalter, M. Bladen, J. Brudenell, R. Plumer, 2 ½ pp. [C.O. 5, 917, fos. 92d-93d.]
February 18.
Whitehall.
90 Same to Governors of New York, New Jersey, Nova Scotia and Rhode Island, informing them of the commission now being prepared to appoint the five eldest councillors of these four provinces (Major Mascarene excepted) as commissioners for settling the boundaries between Massachusetts and New Hampshire. They are to inform the said commissioners of the time and place of the first meeting. Charges of the commission are to be borne by Massachusetts and New Hampshire. Draft. Signatories, Fitzwalter, T. Pelham, M. Bladen, Orlando Bridgeman, R. Plumer. 2 pp. [C.O. 5, 896, fos. 87–88d.]
February 18.
Admiralty.
91 Josiah Burchett to Alured Popple. In answer to your letter of yesterday enclosing a complaint against Capt. Symonds, commander of H.M. sloop Shark, from the governor of the Bahama Islands, he is directed to behave himself in such manner to the governor and civil magistrates as may tend to the countenancing and encouragement of the people who are settled in those islands and to the just authority of the same; otherwise he will be sent for home and called to a strict account. He is to give a particular answer to this complaint. Signed, 1 p. Endorsed, Recd. 19 February, Read 24 February 1736/7. [C.O. 23, 3, fos. 229–230d.]
February 18.
New Providence.
92 Governor Richard Fitzwilliam to Duke of Newcastle. Two days since arrived here from Havana a French sloop commanded by one La Rue who brought hither 40 English seamen belonging to several sloops taken from H.M.'s subjects by the inhabitants of Cuba whose governor kept them prisoners and at hard labour for some time past; by the master of one of which sloops I had privately conveyed me a letter from Anthony Weltden, the South Sea factor, wherein were enclosed two letters for Mr. Oglethorpe left open for my perusal, upon receipt whereof I sent for the seamen aforementioned to learn from them what they knew further concerning the armament of the Spaniards at Havana. They not only confirmed what the factor had written but also told me it was talked publicly there that this island was to be invaded as well as Georgia, which induced me to examine the most sensible of them on oath, whose depositions I have enclosed and submit how far they ought to be credited by you. But this intelligence has created such fear in the inhabitants that many of them talk of removing themselves and effects from the island to some place of greater security; and what makes them yet more apprehensive of danger is that Blas Roderigues mentioned in the deposition of Darkins is the man who plundered this island twice in her late majesty's reign. One Lynch among the deponents is a very shrewd sensible fellow, though you will observe his mark is only to the deposition, having lost the use of his hands by the dry bellyache. You will also observe that he avoids naming that officer of the King of Spain who confirmed to him the intentions against Georgia and alleged for reason that, as he had a particular regard for him, he was apprehensive that if his deposition should fall into the hands of any of the Spanish ministers his friend might lose his bread; but in private conversation he told me it was one Hays an Irishman who is master of the 50-gun ship.
I have so often apprized you and the rest of the ministry of the defenceless condition of this place that it is needless to take up any of your time at present upon that head. But I hope you will be convinced that however bad my situation is or my actions or state of this colony may have hitherto been represented by means of a person who envies me your protection, I shall endeavour to acquit myself upon all occasions in a manner becoming a faithful servant and good subject. I thank you for giving me an opportunity of clearing my character by obtaining H.M.'s reference of the complaints exhibited against me to a committee of Council to whom I hope and doubt not it will appear that I am not entirely unworthy of the many favours you have conferred upon me. But as their lordships' directions to answer those complaints are but just come to my hands, the country alarmed, and the assembly just going to meet upon that occasion, I beg you will induce their lordships to excuse my deferring to obey their commands five or six weeks, by which time I hope our present apprehensions of danger from our neighbours of Havana will vanish and I shall have leisure to form my answer. Signed. 2 ½ pp. Endorsed, Recd. 7 June. Enclosed,
92. i. Havana, 6 February 1737. Anthony Weltden to Governor Fitzwilliam. As my station of factor to the South Sea Company gives me opportunity of observing what armaments are carrying on in this port so whenever anything of that kind is in agitation I shall endeavour to apprize you and hope to succeed in the method I have taken of conveying this letter to you, which encloses others left open for your perusal containing all the notices I can at present furnish you with. If our governor has no real design against any part of H.M.'s dominions he certainly has one against his trading subjects and will not fail to condemn all sorts of prizes brought in here by his privateers.
I now send away all the English prisoners in this town whom I have maintained in my house for some months. As the company makes me no allowance for supporting these distressed people (who centre here from all parts of the Spanish West Indies), it being properly the governor's concern, I leave it to your judgment if it is not a cause worthy of H.M.'s governors in these parts to represent to the ministry that some future provision should be made for the maintenance of so many of the King's subjects and to defray the charge of sending them to an English colony which can only be done by the company's factors, and if they refuse them assistance they will all be forced to enter into the Spanish service for bread. Signed, 2 small pp.
92. ii. Same date and place. Same to James Oglethorpe. I hope you will give some attention to the particulars of the enclosed letter from my brother, as other circumstances concur to strengthen the suspicion of a design forming against your colony of Georgia. The true history of the person here called Mr. Wall cannot be unknown to our governor, yet he treats him with respect but watches him closely and has strictly forbid his conversing with any English. Besides which, particular pains have been taken to engage a sailor now in my house reputed to be a good pilot on your coasts to carry a vessel to one of the Bahama islands on pretence of bringing back a load of salt, a commodity of so little value here at present that it won't pay its freight. But a stronger motive for suspicion is the present arming in this port of a 24-gun ship with a sloop or two which may be ready to sail by the end of this month, when is expected to arrive the Barlo Vento squadron from Vera Cruz consisting generally of a 60or 50-gun ship with one smaller to which may be added one of 60 and one of 50 now in this harbour ready to put to sea; and in case of a descent this garrison may well spare 600 men joined to about the same number in St. Augustine. Copy. 1 p.
92. iii. Havana, 17 January (n.s.) 1737. Henry Weltden to James Oglethorpe. As I am not quite a stranger to you, having received favours at your hands in Georgia, I shall depend on your kind reception of what I relate. A person who is lately come from Spain hither under the character of an engineer, being treated with great respect by the governor and everybody of distinction here, gives me no small surprise, having known the man in Carolina a bailly named John Savy but at present styles himself Col. Wall. Hearing of my being here, he desired to speak to me in private, the purport of which was to enjoin my not giving out that I knew him, as it would certainly occasion my being put into the Moor Castle. Willing to know the cause of that danger, by the help of the bottle I got the noble colonel to disclose his scheme (or pretended one) which was to this effect: that he went from Paris to the Court of Madrid where he gave in his proposals to the minister Patino setting forth the weak state of Georgia which country he affirmed belonged to his Catholic Majesty and that a small number of troops might drive out or destroy the present incumbents, offering himself to be their guide as knowing that country, which scheme he says was accepted and is to be executed in three or four months. The whole seems to be a piece of extravagance but as it is generally thought he brings a secret commission from the prime minister I think it proper to send you this notice. Copy, 1 ¼ pp.
92. iv. Affidavit of Thomas Lynch, late of Ca[? diz (fn. 2) ] in Spain, gentleman, sworn 17 February 1736/7 at Nassau in New Providence before Governor Fitzwilliam. In Havana in December last a person styled Col. Wall (whose true name deponent was informed is John Savy) arrived from Spain; thereupon a ship of 50 guns and another of 60 then loading for Spain were stayed and unrigged. Soon after a ship of 24 guns and a large sloop were ordered to be fitted to sea to carry (as deponent was informed) troops to St. Augustine, Col. Wall to be their guide into Georgia, where and at South Carolina he was formerly a trader with the Indians. Wall gave deponent hints of this design, which was confirmed by a Spanish officer. The three ships and sloop may be ready to sail about the beginning of next month. Capt. Bias Roderigues, in conversation with deponent, Donovan (mate of a Spanish vessel) and Jacob Phenix (master of a sloop lately taken by the Spaniards), expressed a desire to find a pilot to carry him to Providence. Roderigues conferred with John Darkins on this matter. Signed, Thomas Lynch his mark, Richard Fitzwilliam. 1 p.
92. v. Affidavit of John Darkins of Rhode Island, mariner, sworn as preceding. Deponent was mate of sloop Wheel of Fortune of Rhode Island commanded by Roger Maddox, taken by a Spanish guardacosta about four leagues from Havana on 12 September last. He was confined in the said sloop at Havana for three months and afterwards supported at the English factory. Col. Wall (whom deponent knew in Charleston as John Savy, an Indian trader and afterwards a deputy marshal) said that he had four or five blank commissions from the King of Spain to bestow on British subjects. On Wall's arrival at Havana, two ships loading for Spain were stayed. Blas Roderigues tried to persuade deponent to land him either at Exuma or at a savannah on Providence, but he refused. Deponent was informed that Wall is to guide the Spanish troops to be embarked at beginning of March with a design to land on some of the Bahama Islands or in Georgia. Deponent believes that Benjamin Higgs was detained or seduced to stay at Havana to accept the pilotage which he refused. Signed, John Darkins, Richard Fitzwilliam. 1 ½ pp.
92. vi. Affidavit of Jacob Phenix of New York, late master of sloop Free Mason of Jamaica, sworn as preceding. The said sloop sailing from Jamaica bound for Cowes and thence to Amsterdam with a cargo of 45 tons of lignum vitae, 1600 hides and about a thousandweight of tobacco, was taken on 29 August last about 20 leagues from the Colorados by a Spanish guardacosta, Juan Fondeno commander. They were taken to Havana where the ship and cargo were condemned before deponent or any members of his crew had been examined or any formal prosecution begun. Deponent was imprisoned on board a ship, in the Moor Castle, and in irons in the common prison. He was informed that two ships were preparing to take troops (sailing about the beginning of March) to land in the Bahamas or in Georgia. On the arrival from Spain of John Savy, now called Col. Wall, two royal ships loading for Spain were unrigged. Wall told deponent he had commissions for four or five British subjects who would serve the King of Spain and that he was very well acquainted with South Carolina and Georgia. Signed, Jacob Phenix, Richard Fitzwilliam. 1 ½ pp.
92. vii. Affidavit of James Wilson of Rhode Island, mariner, sworn as preceding. Deponent was sailor in Wheel of Fortune taken near Havana on 12 September by the Triumph, a Spanish guardacosta, and was carried to Havana where he was confined for two months and forced to work. After release he was at the English factory where he was told by sundry persons and also by the Irish soldiers of that garrison that a 24-gun ship and a 16-gun sloop were to make a descent both upon the Bahama Islands and upon Georgia, putting to sea probably in March. Signed, James Wilson his mark, Richard Fitzwilliam. 1 p.
92. viii. Affidavit of John Salter, sworn as preceding. Deponent was a sailor on the sloop Free Mason taken by a Spanish guardacosta [as in vi. above]. He with others belonging to the sloop was confined at Havana above four months until they made their escape at different times to the English factory. Deponent was informed that two ships were preparing to take troops (sailing about the beginning of March) to land upon the Bahama Islands and Georgia. Signed, John Salter, Richard Fitzwilliam. 1 p. [C.O. 23, 14, fos. 282–299d.]
February 19.
Whitehall.
93 Duke of Newcastle to Council of Trade and Plantations, enclosing copy of memorial of M. Hop, Envoy Extraordinary from the States General, and directing that enquiry be made into the complaints therein contained. Signed. 1 ½ pp. Endorsed, Recd. 21 February, Read 23 February 1736/7. Enclosed,
93. i. M. Hop's memorial, London, 11/22 February 1736/7, complaining of damages and acts of hostility committed by English ships commissioned by Governor Mathew against the Dutch at St. Eustatius. Dutch ships have been seized, taken to Montserrat, and condemned. The directors of the West India Company are also concerned at the seizure of the Dauphin which was condemned on conflicting evidence: William Hawkins deposed that the ship was taken 1 ½ leagues from the coast of St. Christopher's, William Wilkinson that it was 2 ½ leagues. Restitution, damages, and the prevention of such acts in the future are sought. French. Copy, Endorsed, as covering letter. 3 ½ pp.
93. ii. St. Eustatius, 8 October 1736. Council of St. Eustatius to Directors of West India Company of the Chamber of Amsterdam, seeking relief from molestations of the English commissioned by Governor Mathew. The English have now six commissioned vessels at sea. Papers are enclosed as evidence of what the English have done. Copy. 5 ½ pp.
93. iii. Council of St. Eustatius to Governor Mathew, 20 September 1736, asking the reasons for the seizure of the Two Sisters and other vessels, and whether these seizures were authorized by the governor. Copy, attested. 3 pp.
93. iv. Governor Mathew's reply to preceding, Antigua, 14 September 1736. To prevent illegal trade and that no chicane may happen by false passports I will have every vessel examined throughout my government. Copy, attested. 2 pp.
93. v. Act of 1701 to prevent trade with French and other foreigners by the inhabitants of the Leeward Islands. Copy, attested. 5 ½ pp.
93. vi. Petition of Jan Sager of St. Eustatius to the Commander Provisional of the island, 4 October 1736, complaining of losses through the condemnation at Montserrat of goods out of a French ship the Catherine, and through the condemnation of the Two Sisters also at Montserrat. Copy, attested. 2 ½ pp.
93. vii. 2 February 1737. Remonstration of Directors of West India Company to the States General that representations should be made to Great Britain concerning the English attacks on Dutch shipping and that restitution and damages should be obtained. Copy. 4 ½ pp.
93. viii. J. H. Pieters and Jaspar Ellis to John Markoe, Commander Provisional, and the Council of St. Eustatius, reporting an interview with Governor Mathew at Antigua on 25 September [1736]. The governor declared that he would ruin all English and French trade to St. Eustatius because the governors grant too large privileges to those that trade to Rhode Island. At Montserrat we saw a ship belonging to St. Eustatius seized and detained because the English insist that, the crew being mostly French, the ship must be French also. Copy. 4 ½ pp.
93. ix. Attestation by the Commander Provisional and the Council of St. Eustatius that Robert Stuart, merchant of the same place, declared on oath that he heard Governor Mathew say that he would confiscate all French ships taken by his privateers if they had English merchandize aboard. 6 October 1736. Copy, attested. 2 pp.
93. x. Same by the same that Jan Sayer declared that when he went to Montserrat to reclaim his ship the St. Anthony he heard the president of Montserrat and members of the council and others say that they would confiscate all French vessels that had any goods aboard that had been sold there by the English even though they had been bought by the Dutch and resold to the French. 6 October 1736. Copy, attested. 2 pp.
93. xi. Same by the same that Daniel Mombruyn, passenger in the Drie Vrienden (or Three Friends) Daniel McDaniel commander, of St. Eustatius, declared that the said ship was seized on 17 September being about 1 ½ miles from the coast of St. Eustatius and full 5 miles from any English shore: the ship was carried to Montserrat and there condemned. 6 October 1736. Copy, attested, 2 pp.
93. xii. Abstract of proceedings in the High Court or Admiralty of Montserrat before George Wyke, 15 September 1736. Libel against the Dolphin, Daniel McDaniel master: William Welch commander of Mulberry commissioned by the governor of the Leeward Islands propounds that the Dolphin is a French ship navigated wholly by French mariners and that she infringed the Act of Montserrat of 1736 by being within a league of the shore of St. Christopher's, having on board divers goods, vizt. 45 hogsheads sugar, 6 hogsheads claret, 4 hogsheads white wine, 24 anchors brandy and 2 bags coffee. William Welch therefore claims the condemnation of the said ship. Daniel McDaniel, a Frenchman born, claims the ship on the ground that she transgressed no law. William Hawkins deposes that he was on the Mulberry when the Dolphin was taken and that that ship was then within 1 ½ miles of the shore of St. Christopher's. He further says that all the crew were French but one, and that there were French colours but no Dutch colours aboard. William Wilkinson deposes that he was on the Mulberry when the Dolphin was taken: that ship was then within 2 ½ miles of the coast of St. Christopher's. Thomas Fullavance of Dolphin deposes that the goods in the said ship were taken aboard at a French island called Grande Terre where the Dolphin was looked upon as a Dutch ship. William Wyke of Montserrat deposes that McDaniel told him that he owned one-third part of the Dolphin, the other owners being a gentleman of St. Eustatius and one M. Sagaran. A minute was made by the court to the effect that the proper name of the ship was the Three Friends not the Dolphin. Roger Wyke of Montserrat deposes that an attempt was made by Jasper Ellis of St. Eustatius to interfere with the course of justice in this case by bribery. The court condemned the ship, one-third to the King for the use of the government of Montserrat and two-thirds to the owners of the Mulberry. Copy, attested. 14 pp. [C.O. 152, 22, fos. 265–268d, 270–297d.]
[February 19.]94 The case of Thomas Cresap of Baltimore county in Maryland. On 24 November Samuel Smith, sheriff of Lancaster county, with about 24 or 26 armed persons surrounded Cresap's house and called on him to surrender. Despite his reading Hawkins's Pleas of the Crown to them, they fired on the house several times and set it on fire. On leaving the house Cresap was wounded and made prisoner; Loughlin Malone, a servant, was also shot and died of wounds he said were inflicted by David Priest. Cresap was then put in irons in Philadelphia gaol. The following were witnesses of the above facts: Miles Foy, Michael Risner, Jacob Mathias Minshar. Copy. 2 pp. Endorsed, Recd. 19 February 1736/7 from Mr. Sharpe, Read 8 June 1737. Accompanying papers,
94. i. Samuel Ogle to President and Council of Pennsylvania, 1 December 1736. I have nominated Edmund Jennings, secretary, and David Dulany, attorney-general of this province, to represent to your board the barbarous attack by your inhabitants on Capt. Cresap. Copy, ¾ p.
94. ii. Philadelphia, 7 December 1736. Edmund Jennings and David Dulany to same, setting forth the circumstances of the attack on Capt. Cresap. The sheriff and the other incendiaries and murderers should be handed over for trial in the province where the fact was committed. Copy. 1 ½ pp.
94. iii. Philadelphia, 10 December 1736. President James Logan to Edmund Jennings and David Dulany. The place of Capt. Cresap's settlement is not admitted to be in Maryland; a case in Chancery between our proprietors and yours is now depending and we cannot acknowledge your right there. The case was violent, but the provocation was great, vizt. a plan of which we have proof to throw out of their dwellings 60 German families who had been induced to believe that they had settled in Maryland instead of Pennsylvania. Cresap had brought up arms and ammunition and had enlisted men to assist him against the Pennsylvanians. The sheriff of Lancaster had a warrant for Cresap's arrest on a charge of murder and was nearly 20 miles within his county. There is strong evidence that the person killed fell by a shot from Cresap's party. The house belonged to a Pennsylvanian. It appears evident that Cresap and his accomplices are accountable. Copy. 3 pp. Endorsed, as covering document.
94. iv. List of 33 persons concerned in the burning of Thomas Cresap's house and the murder of Loughlin Malone. 1 p.
94. v. Philadelphia, 11 December 1736. Edmund Jennings and David Dulany to President and Council of Pennsylvania. We do not accept your arguments. It is neither just nor prudent in the sheriff and justices of Lancaster county to anticipate with armed force the decree of the Court of Chancery. The incendiarists and murderers have not been apprehended by your government. As to the persons you mention were to be turned out for disowning the jurisdiction of Lord Baltimore, they must be ignorant foreigners or they would not have been so far deluded as to imagine they can divest Lord Baltimore of his rents or services and transfer their obedience to another province or that any engagement of fidelity to the proprietors of Pennsylvania would justify them. When persons are instigated to refuse their proportion of taxes, are they not to be reclaimed by the officers of justice? No house was burnt and no subject killed by the force sent by Maryland.
The murder alleged against Cresap occurred many years ago when a number of inhabitants of Pennsylvania attacked his house and broke in; he killed one in selfdefence. Even if Malone was accidentally shot by Cresap's party the responsibility is on the attackers: the alleged fact that the house did not belong to Cresap does not alter the case unless it be thought less criminal to burn a house possessed by a tenant because the landlord does not live in it. We call upon you to apprehend the offenders so that they may be tried where H.M. shall decide; and to release on bail Cresap, Foy, Risner and Minshar. Copy. 3 ½ large pp. Endorsed, as covering document.
94. vi. 14 December 1736, Philadelphia. President James Logan to Edmund Jennings and David Dulany. The place where Cresap settled was many years since surveyed in the right of our proprietors; persons were settled there and paid taxes to this government. An officer executing a legal warrant against a criminal was never yet accounted an aggressor. The Germans who settle here are obliged, on account of our too near neighbours the French, not only to swear allegiance to H.M. but also to promise fidelity to the proprietors and this government, a practice used only with them and no others. We cannot agree to release Cresap on bail. If your governor will agree upon some certain boundaries to limit the jurisdiction of the province without prejudice to either proprietor till the whole dispute is ended, we shall cheerfully come into any methods consistent with law and common justice. Copy. 2 ½ pp. Endorsed, as covering document.
94. vii. Philadelphia, 15 December 1736. Edmund Jennings and David Dulany to President and Council of Pennsylvania. We are disappointed that you will agree to neither of our proposals of 12th inst. Perhaps H.M. may think his justice eluded by giving the offenders an opportunity of escaping. You mention that the Germans only enter into an engagement of fidelity to your proprietors; why are they so distinguished from other nations? PS. We are greatly surprised that you will not release on bail the men taken with Cresap; we were told by the president yesterday that they would be released. Copy, 1 ¾ pp.
94. viii. Proceedings of Supreme Court at Philadelphia, 24 September 1736, before James Logan, Jeremiah Langhorn and Thomas Graeme, justices of the said court. Rex v. William Rumsey. Rumsey's remonstrance denying the jurisdiction of the court was rejected, the place where the offence was committed being within the bounds of Pennsylvania. A day was given for him to answer the charge against him. Copy, certified by Josiah Lawrence, protonotary. 1 p.
94. ix. Petition of William Rumsey of Cecil county, Maryland, to Supreme Court of Pennsylvania. The petitioner refused to answer the indictment against him and denied the jurisdiction of the court.
Petition of William Cannon of Baltimore county, Maryland, to Supreme Court of Pennsylvania. The petitioner refused to recognise the jurisdiction of the court over him and prayed to be discharged or else that judgment be rendered against him.
The court did not think it prudent to proceed to judgment against the petitioners lest the same should be construed a contempt of the authority to whom the government had applied for relief. The petitioners therefore stand committed until they give security in the sum of 100l. each to appear at the next supreme court on 24 September. Copy, certified as preceding. 3 ¼ pp.
94. x. Petition of William Rumsey to Patrick Gordon, governor of Pennsylvania, complaining of the refusal of the supreme court either to discharge him or to render judgment against him; with affidavits testifying to the delivery of the said petition. Copy. 1 large p.
94. xi. Address of upper and lower houses of assembly of Maryland to Lord Baltimore, complaining of aggressions by Pennsylvania on the borders of Maryland and especially of two recent instances, the cases of William Rumsey and William Cannon. Copy. Signatories, John Hall, president, James Harris, speaker. 1 ½ large pp. Endorsed, as covering document. [C.O. 5, 1268, fos. 292–313d.]
February 19.
Deptford.
95 Benjamin Berry to Trustees for Georgia, offering his services on the enclosed terms to convert or shape and adapt the timber in Georgia to its proper uses. He was nine years in South Carolina building ships and knows the timber there to be particularly suited to that purpose. Signed. 1 p. Enclosed,
95. i. Terms of above offer: 200l. sterling a year salary, with 50l. advance; 10l. for passage out and passage home; 6s. a day travelling allowance in the colony; option to quit employment after first year. Signed. 1 p. [C.O. 5, 639, fos. 28–32d.]
February 20.
Charleston.
96 Lieut.-Governor Thomas Broughton to Duke of Newcastle, enclosing duplicate of letter of 6 February with copies of advices received from Commodore Dent. Nothing has since happened worthy communicating to you. Signed. 2 small pp. Endorsed, Recd. 4 May. [C.O. 5, 388, fo. 145, 145d.]
February 20.
Charleston.
97 Same to Council of Trade and Plantations. [In substance same as No. 96.] Signed. 1 ½ small pp. Endorsed, Recd. 5 May, Read 3 June 1737. [C.O. 5, 365, fos. 215, 215d, 220, 220d.]
February 20.
Charleston.
98 Same to Trustees for Georgia, enclosing duplicate of letter of 7 February. As nothing material has happened since, at least worthy communicating to you, I have nothing to add except in relation to a letter I directed (on the first advice) to Mr. Causton, chief bailiff of Georgia. I acquainted him among other things that it was my opinion it would be advisable for him to send some persons hither to inform me of their strength and condition and to agree on such measures as might be best concerted for their safety, and also to endeavour to secure the Creek Indians in the interest of H.M.'s government and to prevent their falling into that of the Spaniards and French, and that the Georgia agent should be instructed not to give any umbrage but on the contrary to act in concert with the agent sent from this province in all matters relating to the peace and welfare of both. Mr. Causton in his answer gives me but a very superficial account of their strength and condition and takes not the least notice of the two last mentioned particulars which are by myself and H.M.'s council thought to be of the most immediate consequence to H.M.'s service on the present conjuncture. I hope you will recommend it to him to show more regard to advices so salutary and necessary for the preservation of Georgia and the defence of H.M.'s American dominions. Signed. 3 small pp. Endorsed, Recd. 4 May 1737. [C.O. 5, 639, fos. 181–182.]
[Before
February 21. (fn. 3) ]
99 Petition of John Yeamans, agent for Antigua, and of the planters and merchants whose names are subscribed, to the King. The negroes of Antigua have for some time past been contriving and had nearly executed a most cruel and execrable plot. By the providence of God and the vigilance of the civil magistrate the said plot has been discovered: the governor and principal families were to have been blown up with gunpowder on 30 October last, and from this a signal taken for all the negroes to rise and cut off every white person, to which they bound themselves by horrid oaths. The chief conspirators were natives of this island employed in houses or bred to trades. There are at least 24,000 negroes in the island and not above 3000 whites. The inhabitants continue under the most terrible apprehensions of further attempts. The regular soldiers consist of five companies of 31 men each, much too small a force for security. The militia has been continuously under arms since the discovery of the plot to the great detriment of business. A like conspiracy was discovered in the island about eight years ago, but petitioners find that the punishments then inflicted were not sufficient to deter a second attempt. They therefore pray for augmentation of the forces in the Leeward Islands. Copy. 2 ½ pp. [C.O. 152, 40, fos. 288b and 288c.]
February 21.
St. James's.
100 Order of King in Council approving an Act passed in Virginia in October 1734 to vest certain entailed lands in Charles Tomkies in fee simple. Copy, certified by W. Sharpe. 1 ½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 1324, fos. 38–39d.]
February 21.
St. James's.
101 Same, approving an Act passed in St. Christopher's in 1733 for settling the limits of the parishes of St. Christopher's. Copy, certified by W. sharpe. 2 pp. Enclosed, Recd. 16 May, Read 24 May 1737. [CO. 152, 22, fos. 342, 342d, 345, 345d.]
February 21.102 Lieut.-Governor William Gooch to Council of Trade and Plantations, acknowledging letters of 15 and 20 October last. In my letter to you by way of Bristol of 8 January, I gave you an account of what had passed here concerning Mr. Ball; but since I find you so earnest in your enquiry I shall now be more particular. When Mr. Ball had finished his experiment here of preparing a small quantity of our tobacco after the manner he had seen practised in Brazil, it was proposed and he agreed to go to London there to consult the merchants who were thought the best judges whether it was like to answer the expense and trouble requisite to such a manufacture; and if he met with encouragement, he had my positive orders to wait on you and deliver a specimen of that he had made up, a roll whereof he carried with him for that very purpose, telling him withal that unless he did wait on you and bring some testimony with him his going to England and returning hither would be in vain.
When his tobacco came to be examined by the merchants in London it was found, though it had the outward appearance, to want the scent and other qualities of that of Brazil; and I imagine, not meeting with the encouragement he expected from the merchants and being conscious of having fallaciously made use of your name to draw us into his scheme, the fear of exposing himself to shame was the reason why he did not wait on you according to his promise, the condition of which it must be owned was in case he was approved. Since his return to Boston I have received a new proposal from him, offering to go again to Brazil to inform himself more fully in the method of preparing that kind of tobacco; but as I now look on his project as the contrivance of a necessitous man to get money I have no confidence in anything he can offer, and finding all men here have the same opinion of him and are unwilling to be concerned with him I have in civil terms rejected his offer.
As to the project of making wine in this colony, it has as yet made so little progress that no certain judgment can be formed of its success. Colonel Armistead, who promises fairest to bring it to perfection, has had only one season to make the experiment and that so unfavourable as would have discouraged one of a less generous and enterprizing genius. For though the vines grew and flourished with as many grapes as could be wished for, yet the violent heat in the time of the dog-days accompanied with sudden and heavy showers of rain burst the grapes and rotted them upon the vines, and disappointed him in the prospect he had of a very fine vintage. As this has proved a discouragement to some former attempts of this sort, I am afraid it will be an insuperable difficulty to obviate without the assistance of vignerons skilled in the culture of vines in climates subject to such inconveniences. But he is a gentleman of great perseverance and knows that wine was not brought to perfection in the Cape of Good Hope under 20 years' trial. Another year's experience will make us better judges of what may be expected from this undertaking, of which I shall not fail to give you the most exact relation.
I shall be careful in observing your directions concerning the lands to the west of the great mountains when Lord Fairfax's bounds are settled, but when that will be is uncertain. The surveyors are all of them returned, but they who were sent upon the Potomac river have undergone such hardships and came back so very much fatigued that some time must be allowed them to recruit themselves and reduce their field plats to a proper scale before they can make their report in due form to the commissioners; and when they do, by what you will see in my letter of 8th ult. and what I have heard since, I fear it will be too crabbed a matter for the commissioners to adjust. However, what can be done shall be done and you shall have it in full by the return of the ships. Signed, 2 pp. Endorsed, Recd. 23 May, Read 3 June 1737. [C.O. 5, 1324, fos 49–50d.]
February 22.
Frederica.
103 Robert Paterson to Harman Verelst, enclosing eight letters for various persons including one for Mr. Oglethorpe. Signed. ½ p. [C.O. 5, 639, fo. 147, 147d.
February 22.
Frederica.
104 Same to James Oglethorpe, asking to be allowed a servant in order to be more useful to the Trustees. As for news, Mr. Delegal is a reliable officer. The people of Darien are getting on well with their building. Mr. J. Wesley was there and was very taken with the place. French. Signed. PS. Susanna Moore died 10 December; the wife of T. Loup died 13 February, 2 pp. [C.O. 5, 639, fos. 139–140d.]
February 22.
London.
105 F. M. Ziegenhagen to [James Vernon (fn. 4) ]. Being informed that the ship for Georgia is to sail in a few days and having received last night a letter from Ebenezer of 4 December last relating to the present circumstances of the Salzburghers there, I desire your compassionate regard in their behalf. (1) I take it for granted the Trustees are fully apprised that the Salzburghers have as yet no more land assigned besides the lots for gardens and are, without any fault of their own, by no means in a condition to provide their necessary subsistence: wherefore they hope the Trustees will compassionate their destitute case and continue their former bountiful allowance and consequently dispense with the last order whereby they are to pay from the latter end of March next to September following for what they have out of the storehouse and no more than 2 lbs. of meat per week and half a bushel of corn per month for each is to be advanced to them upon credit; which order, if it should take effect as I humbly hope it will not, would unavoidably prove the ruin of most if not all of them. (2) They are also ordered to pay for the new boat which they greatly wanted for bringing up the provision from. Savannah and for which the builder who lives at Purrysburgh asks 18l., a sum that is not in their power to raise. (3) Some of the Salzburghers have had the misfortune that their garden lots are run out upon pine barren land, which can be of no use to them as long as they have not sufficient dung or cattle to help and mend it a little. But as there is a small tract of good land just near such gardens they confide in the goodness of the Trustees to have leave to exchange such lots. (4) The people of the third transport which undoubtedly were engaged by Rev. Mr. Urlsperger to go over to Ebenezer in Georgia on the same terms and conditions as the first and second have hitherto got neither the necessary tools nor utensils for the kitchen, not to mention the great difficulties they have laboured under a long time as to their provision. Only ten families of them have had each a cow given them, but none of them has received either swine or poultry: to what great hardship these poor people must thereby be reduced anyone may easily imagine. I cannot help mentioning what a deep concern the quite unexpected distress of these people gives Mr. Urlsperger, so contrary to what he in the name of the Trustees solemnly had promised them. (5) Mr. Bolzius and Gronau having hitherto lived in the new settlement in huts and finding how much their health and function thereby suffer entreat the Trustees to give speedy orders for the building of their houses, it being impossible for them to bear the expenses thereof out of their small salaries. Mr. Gronau's house at Old Ebenezer was by order of Mr. Causton built by four carpenters of the Salzburghers who were expressly promised to be paid for their labours but, as necessitous as they really are, they have received as yet nothing for it. (6) I doubt not but you remember that the S.P.C.K. paid the Trustees in June last half a year's salary for Mr. Bolzius, Gronau, and Orthman the schoolmaster; but by their letter of 4 December last it appears that they had then not received any and been obliged by borrowing money to run into debt. I trust you will excuse this trouble. When I waited yesterday on Mr. Oglethorpe I purposed to lay these things before him; but finding him too much occupied, I could mention but very little of it. As you have been always very kind and generous and a known advocate for all persecuted and distressed Protestants and more especially for the poor Salzburghers, I entirely rely on your wonted goodness to have compassion for the several wants and necessities of those at Ebenezer and favourably to plead their cause with the Trustees. Signed. 3 pp. [C.O. 5, 639, fos. 34–35d.]
February 23.
Palace Court.
106 Minutes of meeting of Trustees for Georgia. Received, receipt from the bank for 100l. paid in by Earl of Egmont at the last board, the benefaction of Bishop of Worcester. Received, same for 118l. 18s. paid in by Dr. Hales at the last board. Received, same for 12l. paid in by John Venables for subsistence of his son now going to Georgia for one year or till that value is delivered him in Georgia. 1 p. [C.O. 5, 686, p. 354.]
February 24.
Montrose.
107 David Ferrier and William Campbell to James Oglethorpe, seeking information about grants of land in Georgia and offering to get together a quantity of settlers, either tradesmen or labourers, in this place. If you incline to have any servants on your own account advise us. Direct reply to William Campbell, merchant, Montrose. Signed, 2 pp. [C.O. 5, 639, fos. 119–120.]
February 24.
Savannah.
108 Thomas Causton to Trustees for Georgia. The alarm of the Spaniards' preparations still continues and the advices from Carolina are daily filled with accounts of their preparations for a defence. The particulars will be seen by the Carolina Gazette and the lieut.-governor's letter to me. As he is pleased to charge me with some defects in my answer I thought it necessary to enclose his second letter and my answer, which I sent yesterday by express. Capt. Gascoigne advises me that Capt. Windham offered to send him for assistance two men-of-war of 150 men each and two sloops of 100 men each when he should require it. By further advices just now arrived he tells me that he has wrote to Capt. Windham advising that if he would send a 20-gun ship to appear off the port of St. Augustine, such an appearance and the stopping Davis's sloop would probably convince the Spaniards that their designs were discovered and at least retard the execution of them. As he is clearly of the opinion that the Spaniards' intentions (as advised) are well grounded, he has desired that I would spare no cost to supply everything necessary for a defence.
I have in a former letter mentioned that provisions have been very difficult to get, which I think may be naturally attributed to the present various reflections the colony labours under, and it is a great difficulty in these circumstances to keep up the spirit of the people especially those of the southern settlements. Two days since, I sent to the southward 40 barrels of pork, 300 lbs. of musket powder for De Legaull company, 200 lbs. of musket and 200 lbs. cannon powder for Frederica, sundry nails for the Darien houses and other necessaries which they wanted.
I received your blank sola bills for 1500l. sterling together with some barilla seeds and two parcels of medicines and shall take care to give your directions for the planting the seed. I am very sorry to find myself charged with keeping Capt. Yoakley's ship because he sounded the inlets to the Altamaha. Had I done it in the manner charged, I should readily acknowledge myself to blame. But the case was thus: he arrived here from Philadelphia and both he and Mr. Montaigut declared he had instructions to take Mr. Oglethorpe's orders at his arrival and therefore understood that he must wait till he came. When I received the directions to employ somebody to sound that inlet I employed James Searle who was acquainted therewith; and Yoakley having a proper boat for that purpose and offering his service to go with him which he told me should be no expense, I judged it would be no harm to have Capt. Yoakley's opinion in such a case, who was the commander of a ship and used this trade. A few days before Mr. Oglethorpe's arrival, Yoakley being impatient by waiting so long, he and Mr. Montaigut again perused his orders and then and not before showed them to me. I immediately saw that he had orders on his return from Philadelphia to take Mr. Oglethorpe's directions if in Georgia. But as he was not here I gave my opinion that his stay could not be put to the Trustees' account. Therefore whatever charge he has thought fit to make on you cannot be imputed to any act of mine. When Mr. Purry offered a charge of this nature to Mr. Oglethorpe at Tybee I opposed it, then acquainting Mr. Oglethorpe with the affair and he accordingly refused to sign the account.
Your repeated commands concerning the queries to accounts will (I doubt not) be answered to your satisfaction, I mean as soon as the nature of the thing required will admit of. But sure it can be no difficulty for you to believe that the nursing so many people by small matters as their daily necessities required must consequently make long accounts, and as the several accountants could not be elsewhere supplied with those necessaries what money they demanded was cautiously paid them on account. So that it is impossible to answer the queries otherwise than by a strict re-examination and a more regular posting than the persons then employed were capable of doing. But though my actions need no gloss I find I am liable to misrepresentations. Your order to the magistrates on the petition of Rowland Pitt and John Tuckwell shall be duly executed when occasion offers. I believe the people whom I shall buy provisions of will take the sola bills as they are and depend upon Mr. Oglethorpe's signing them in England, in which case I shall certify the goods bought and give advice to Mr. Oglethorpe. But if they should not choose to do so Mr. Montaigut and Mr. Jenys are both willing to let me have Carolina currency for them at 650 per cent, advance.
An Indian, one of the chiefs of the Upper Creeks who were lately here, commonly called the Dog King of the 'Euphaulees', having stayed behind the rest offered his service to go to St. Augustine and get information if the Spaniards were preparing for war. He said he could do this without any suspicion because he had been lately invited there. I told him he might do what he would and accordingly gave him a letter to Mr. Horton advising him of his intentions and Santutche and Tallahumini went with him. When he arrived at Frederica Mr. Horton had received advice of what the Creeks had been doing as mentioned in my letter to the lieut.-governor, therefore was of opinion it would be improper to suffer him to proceed. He further acquainted me that the said chief had desired that I would send to Wood the trader and order him to send to him his friends from the nation. As to this matter I answered Mr. Horton as follows: although I should be very ready on all occasions to come into any measures for the public safety yet there are many reasons which make it improper for us to send into the Indian nation to invite them at this juncture. First, in my opinion the Indians must necessarily know what they are to come for; and should the Spaniards not break with us, as we must avoid breaking with them, it would be out of our power to stop the Indians from pursuing the revenge which perhaps they would be glad of such an opportunity to execute, in which case we should be liable to be thought parties. Secondly, supposing the Spaniards had broken with us at this time, the Carolina agent being now in the nation who without doubt would not suffer anything to be done but by his leave or authority, and in that case we should unavoidably acknowledge an authority which we could no ways answer to the Trustees. I think therefore upon the whole that the Indians having thus pursued their revenge should be left to take their own methods, and we at this juncture should not in any shape concern ourselves with them. And if the people of Carolina, as they propose, should send for them, all the benefits that we could expect would be as fully answered as if we sent for them ourselves. If anything should further occur this matter may be further considered of, but it is certainly attended with these difficulties at present.
As it is universally insisted on that a place of safety should be provided for the people to retreat to in case of extremity, the people proceed in building a fort with great diligence and alacrity. It is double set, with puncheons hewed on two sides nine foot above ground, will contain two bastions on the land and two half-bastions on the waterside, the square of which will contain an acre of ground. They have already finished a battery on the water edge under the garden hill and as there are upwards of 100 men at work they propose the fort will be wholly enclosed in about a fortnight. The people mustered according to order and got most of their arms mended, and above 120 appeared with them in perfect order. I have on this occasion enumerated all the people here and have regulated all the tithings. I have the satisfaction to say that at this time all the constables and officers seem well satisfied with the regulations that are made. I have delivered to the constables sufficient ammunition of treble F gunpowder and ball for 18 charges each man to be delivered to them in case of an attack and not otherwise and they are ordered to draw out every Sunday after evening service for a review. The guard is regularly relieved at sunrising and the night-watch begins at sunsetting. As it will be my care to preserve this order, so the having obtained it gives me room to hope I shall have no more occasion to represent the contrary. Signed. 2 ½ pp. Endorsed, Recd, by Mr. Ingham, 20 July 1737. [C.O. 5, 639, fos. 136–137d; duplicate, endorsed Recd. 3 May 1737, at fos. 187–188d.] Enclosed,
108. i. Charleston, 17 February 1737; Lieut.-Governor Thomas Broughton to Thomas Causton. I yesterday received yours of 9th inst. in answer to mine of 4th. I should be glad if you had given me a more perfect account of the state and condition of your province, the number of men capable of bearing arms, and particular disposition of them and how your garrisons are provided with provisions etc. It is doubtless of immediate consequence as you observe for the two provinces to concert equal measures for the public safety, and for that reason it was I recommended in my letter your sending proper persons from Georgia hither to concert such measures as may be best for your service. The council and myself were and still are of opinion that method would have better answered the purpose than by way of letters, though you have not thought fit to take the least notice of it in your letter. I likewise in a postscript to my letter gave you my opinion of what consequence it would be to the public service to secure the Creek Indians to our interest and to prevent their falling into that of the Spaniards or French and recommended it to you to instruct your agent in that nation not to give any umbrage but to act in concert with the agent sent from this province, who has full and ample directions how to conduct himself on that head. You take no notice of this in your answer although it is of the utmost consequence in the present conjuncture. This government have thought it necessary to fit out a schooner under the command of Capt. Thomas Walker to scour the coast from the bar of this harbour to St. Augustine in order to get intelligence of the Spaniards' motions. I enclose two copies of the instructions given him in relation to the signals he is to make when he is off Tybee or in sight of Frederica; you will please to forward one copy to the commanding officer of that place. Copy, 1 p. [C.O. 5, 639, fo. 174; another copy at fos. 191, 191d, endorsed Recd, by Mr. Ingham, 20 July 1737.]
108. ii. Savannah, 22 February 1737. Reply to preceding. I have your letter of 17th inst. I am sorry to be so unhappy as not to have answered your expectations in my last. I have numbered our people in this northern part of the province and find we have more than 500 able to bear arms, more than 300 of whom are in Savannah. We have not been in very great want of ammunition but having lately supplied the southern parts have now ordered a supply to be sent from your town. I have likewise endeavoured to buy what provisions I can get and believe I shall have sufficient in a short time. Our people are very industrious in providing for their defence and are hard at work unanimously in building a fort. They have near finished a battery on the river and in about a fortnight will have enclosed the fort which will be sufficient to cover the people in case of extremity. As the magistrates here who have the execution of the Trustees' orders would be always very glad to act agreeable to your sentiments I hope you will continue to transmit such advices as you think necessary for the public safety.
As there is a case depending between the two provinces concerning Indian affairs which is to be decided in England, I desire to be excused from saying or acting anything on that head. I have dispatched Capt. Walker's instructions (as desired) with orders to watch for his signals. On Sunday last Mrs. Musgrove advised me that some of the Creek Indians who have been hunting to the southward arrived at the Cowpen with seven Spanish horses and accoutrements and gave the following account: that on the main beyond the Altamaha two of their company discovered nine horses saddled and bridled; they were going towards them and four men appeared who ran to their arms, one Spaniard, one Yamassee Indian, one mulatto and one negro. These endeavoured to seize the two Creek Indians but they gave them good words; the Yamassee Indian understanding the Creek language, they entered into talk and the Spaniard etc. would have persuaded the two Creeks to have gone with them and they, seeming to comply, brought them to the camp of the Creeks who discovering that the Spaniard etc. had several things which they knew to be the same as were taken about a year since from some of their friends who had been killed, therefore believing them to be the murderers, killed them all four and brought away their horses, two of which being unfit for travelling they also killed. They further said that the Yamassee Indian being asked where the rest of the men were that belonged to the horses said there were no more but that they were to leave some of the horses at the Appalachee Old Fields. This account agrees with what one of their company gave at Frederica, by which it is added that the Spaniard etc. told the Creeks that they would be very welcome if they would go to the Spaniards, that there was daily expected a considerable body of men from Havana for whose support they were ordered out to drive up what cattle they could find. We have two armed boats scouting on the inland passages, one of six and the other of eight oars, but have not as yet made any discoveries. Copy. 1 p. [C.O. 5, 639, fo. 190; another copy at fo. 175, 175d.]
February 25.
Georgia Office.
109 Benjamin Martyn to Philip George Frederick von Reck. The last time you were at the Board of Trustees for Georgia you undertook to engage a certain number of German Protestant servants for the use of the Trust and then received a copy of instructions for the said purpose. The Trustees desire to know whether you have done anything since in relation thereto and what you have done. Entry ½ p. [C.O. 5, 667, fo. 7d.]
February 26.
London.
110 Richard Partridge to Alured Popple, tranmitting votes of House of Representatives of Massachusetts sent by Governor Belcher. They came to my hands in a box but this day, from on board Capt. White late from Boston. Signed. ½ p. Endorsed, Recd. 28 February 1736/7, Read 8 June 1737. [C.O. 5, 879, fos. 171–172d.]
February 26.111 Opinion of Attorneyand Solicitor-General on a case and some queries relating to offices granted in Barbados. The case: Lord Howe's commission to be governor of Barbados empowered him to appoint judges and other officers. He appointed John Edlington to be surveyor-general of the island by a commission dated 31 July 1733 under his hand and private seal. It appears a commission of the same nature was granted in the same manner in 1690. It is usual on the death of a governor for the president-in-council to issue a proclamation to continue all officers; that was proposed on Lord Howe's death but not thought necessary. Queries: (1) whether the commission under Lord Howe's private seal is void by Lord Howe's death ? (2) whether if such a proclamation had been issued it would have made any alteration to the continuation of commissions under private seals ? (3) whether the great seal of the province should not be affixed to every act of government requiring a seal ?
The Law Officers' opinion: (1) Lord Howe was not empowered by his commission to grant the office in question but only judicial offices and the ministerial ones attending on them. Supposing the governor has the power to grant the office in question, we think the seal used ought regularly to be the great seal. But if there never was any grant otherwise than under the governor's private seal and that has been used in the grant of other such-like offices, usage may dispense with the general rule and the grant may be good; and then we are of opinion Lord Howe's death will not put an end to it. (2) Such a proclamation as is mentioned would have made no alteration. (3) It is safest and therefore most advisable that all acts be under the great seal. The private seal if a usage exists may be sufficient but is always liable to disputes. Signed, D. Ryder, J. Strange. 3 ½ pp. Endorsed, Recd. 26 February, Read 2 March 1736/7. Enclosed,
111 i. Commission from Lord Howe to John Edlington to be surveyor-general of Barbados, 31 July 1733. Copy.2 ½ pp.
111 ii. Certificate by James Mytton, deputy secretary, that John Edlington took the oaths appointed and subscribed the Test, 31 July 1733. Recorded in secretary's office, 4 September 1734. William Duke, deputy secretary. Copy. ½ p. [C.O. 28, 24, fos. 195–198d.]
February 26.
London.
112 Letter from Daniel M'Lachlan. The Highlanders will not leave their country without their leaders and the leaders are afraid to venture into a foreign country. But they have such affection for one another that they would go in shoals to America if there was a sufficient detachment of their own people planted before them. With the countenance of the Trustees of Georgia, I will engage to carry over in two years enough men to more than double the present strength of Georgia without any expense other than proper utensils and first year's maintenance. This project would help to civilize the Highland clans, strengthen Georgia, and bring relief to people in a miserable, starving condition. I desire no premium other than my expenses. If I cannot prevail upon all the clans at first I am sure to prevail upon our own and decoy the rest into happiness and plenty. The first detachment could be embarked about 1 August next. Our people are used to hardships: what they reckon comforts are very simple. If this project is kindly received I shall immediately apply myself to the prosecution thereof. Signed. 4 pp. [C.O. 5, 639, fos. 162–163d.]
February 26.113 Francis Fane to Council of Trade and Plantations, reporting on Act of South Carolina for ascertaining public officers' fees. I have been attended by Mr. Sharpe on behalf of the patent officers in that colony; he has represented that by this Act, without the least complaint of corruption or misbehaviour in their several offices, three parts in four of the legal fees of the patent officers are entirely taken away. The practice of lessening fees of crown officers prevails so much in the colonies that without your interposition H.M.'s intentions in his grants of offices must soon be defeated. This seems, if the facts are true which have been represented to me, the most extraordinary attempt of the kind, and I am of opinion that the Act ought to be repealed. Signed. 1 p. Endorsed, Recd. 4 March, Read 8 March 1736/7. [C.O. 5, 365, fos 195–196d.]
February 27.114 Same to same. I have considered the two cases mentioned in Governor Fitzwilliam's letter of 12 November last relating to right of administration to John Sims, a mulatto, and to treasure found at Providence. As to the first, Sims dying intestate without any relations the moiety of such estate which, it is stated, he died in possession of becomes the right of the crown; the other moiety his wife will be entitled to as he left no children. As to the other case, if no person can legally prove a property in the treasure found it will be deemed the property of the crown. Signed. 1 p. Endorsed, Recd. 8 March, Read 9 March 1736/7. [C.O. 23, 3, fos. 228, 231d.]
February 28.
Barbados.
115 President James Dottin to Council of Trade and Plantations transmitting copies of three Acts lately passed and copies of treasurer's accounts. Signed. ½ p. Endorsed, Recd. 28 April, Read 3 May 1737. Enclosed,
115. i. List of papers sent. Titles of Acts: to prevent exportation of clay; to prevent hardships by forestalled, ingrossers and regrators; to enable assignees of debts to commence suits. Treasurer's excise accounts. 1 small p.
115. ii. Accounts of duties on liquors and negroes imported into Barbados for 4 quarters, 13 June 1735 – 13 June 1736. No. of ships bringing liquors: 25. No. of ships bringing negroes: 22, carrying 1375 negroes. Gross receipts of duties: 2270l. 6s. 10d. including sums bonded. Signed, John Bignall, treasurer. 16 pp. [C.O. 28, 24, fos. 199–210d.]
February 28.
Barbados.
116 Same to Duke of Newcastle. [In substance same as No. 115 with enclosure i.] Signed. Endorsed, Recd. 27 April. [CO. 28, 45 fos. 402–404d.]
February 28.
Frederica.
117 Thomas Hawkins to [? Trustees for Georgia]. Since Mr. Oglethorpe's departure we enjoy a great share of health. The people in general are hearty and strong which in great measure is owing to our temperance, and notwithstanding our present alarm are resolutely bent to maintain their ground whenever our treacherous neighbours think proper to molest us. The greatest uneasiness complained of here is the frequent guard duty and want of more people which Savannah takes care to prevent by augmenting itself. As affairs turn out at present it is to be feared that our inhabitants will be hindered from planting any quantity this season being obliged to keep home though many have been very industrious in forwarding their fences and 10 men would have completed 600 acres by this time if not hindered. Our young stocks increase but sometimes on this island as well as all other parts of America we are disappointed by the wolves. Nor have they met with small discouragement from the bad seed last year and the want of a supply this season. The year began moderately warm and I observed about 7th January began to be very cold with frosts till the 12th when the barometer was sunk to 75 degrees, the next day it advanced to 5. At present the season is very pleasant and often refreshed with showers and may well be compared to an English April, so that the few things planted succeed well. We have buried no people since my last account but Mrs. Loope, a person of 60 years, and a child of 4 months; so that since our embarkation no people have been favoured with the like success. Signed, 2 pp. [C.O. 5, 639, fo. 151, 151d.

Footnotes

1 See No. 86.
2 Document torn.
3 A.P.C., (Colonial Series) 1720–1745, p.553.
4 Egmont Diary, II, p.357.