America and West Indies
April 1737, 16-30

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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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111-129

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'America and West Indies: April 1737, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 43: 1737 (1963), pp. 111-129. URL: http://www.british-history.ac.uk/report.aspx?compid=72904 Date accessed: 23 August 2014.


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April 1737, 16-30

April 16.
Charleston.
218 Paul Jenys to Harman Verelst, enclosing three quarters accounts of the duty on rum granted for the benefit of Georgia to 1 March last. They are each of them signed by the treasurer, for which the Trustees have credit 1612l. 5s. 7½ d. in their account under that head. Signed. Seal. 1 small p. [C.O. 5, 639, fos. 263–264d.]
April 18.
New Providence.
219 Answer of Governor Richard Fitzwilliam to the complaint of Chaloner Jackson exhibited to the Council of Trade and Plantations, 7 October 1736. Chaloner Jackson while collector at New Providence was protected by the governor in the execution of his office. Whatever molestation persons concerned in trade met with were owing to Jackson's malpractices: there were continual complaints to the governor of the charging of exorbitant fees. Jackson publicly excused some of the inhabitants from paying the enumerated duties. Far from trying to detain them, the governor often wished Jackson and his wife were gone from the island.
(1) The exemption from port charges of vessels arriving at Providence with recruits, provisions, stores etc. was agreed by the council on 1 January 1733/4. Jackson, though objecting, at last consented to it. The governor has had no share in ships trading to the Bahamas, nor has there been one vessel from the continent exempted from the port charges. The governor has not bought salt provisions to the value of more than about 40l. nor live sheep or cattle except forty sheep, six he had a share in, and six others. (2) The proceeding had upon the navigation bond entered into by Thomas Petty was agreeable to law and article 21 of the governor's instructions. The governor never threatened Petty or any other person to put in suit any bond for refusing to comply with any request. He never directed the marshal to detain Lawford. No application was made to him by the assembly for Lawford's release. No member of the assembly was directed by the house to remand Lawford out of custody of the marshal. No such answer as is set forth in the complaint was returned by the marshal to the messenger of the house. Lawford was set at liberty by interposition of the governor and without any condition that he should no more attend the business of the house. The governor does not believe that Mr. Scott ever unreasonably refused to accept of any person to be security in a navigation bond; the collector's advice has always been taken in judging the sufficiency of such security. (3) The governor has fully answered to the Lords of the Committee of the Council the matters in the third article relating to blankets etc. and the personal ill treatment of Jackson. The collector was never refused any copy or record of court. The governor did not buy any of Jackson's negroes and believes they were sold for their full value. (4) The governor says it will appear by good testimony that he has not removed any judge except Mr. Rowland, nor J.P. nor secretary nor provost marshal nor officer of Chancery, nor has advanced or degraded any member of the council except Jackson and that at his own request. The governor never attempted to prevent Jackson, his wife, Florentius Cox or John Yerworth from leaving the island. After Jackson's departure the governor supported his wife and child. The governor's agent can prove insolent and turbulent behaviour by Jackson towards him and Mr. Rogers.
As to William Vittry's deposition the governor is prepared to depose that he never offered Vittry 20s. per ton freight of the braziletto. Mr. Scott's testimony will show that Vittry seemed well pleased with the freight arrangements. Colebrooke's agents might have offered Vittry 24s. per ton freight for wood to Carolina, though no such freight has been before or since given, to induce him to think himself ill used. Signed. 6 pp. Annexed,
219. i. Schedule of papers and evidence to support the foregoing answer, including 46 depositions and sundry other papers. N.B. There are several other depositions transmitted to Henry Popple which prove many irregularities of Jackson, Colebrooke's turbulency, as also that he has been a barrator, a receiver of stolen goods and an abettor of felony, that Cox ran away with two vessels in the West Indies and has been guilty of perjury, and that Yerworth has been a runaway from two or three places and was convicted of theft at Providence, fled to Havana and changed his religion, afterwards returning to Providence and again professing the Protestant religion. 3 pp. [C.O. 23, 4, fos. 14–18d.]
April 18.
Palace Court.
220 Minutes of Common Council of Georgia. Referred to committee of correspondence to contract with the owners of the Two Brothers to go to Inverness to take in 40 men for Georgia at 5l. per head. Resolved, that 20s. per head be allowed for engaging the said 40 men and 20s. per head for clothing and bedding; that the Trustees will pay the passage of 40 men from Inverness to Georgia at 5l. per head by the Two Brothers, Capt. Thomson; that Capt. Thomson be obliged to stay 14 days at Inverness for the reception of the 40 men and in case he does not receive them within that time that he be at liberty to stay or go with such as he may receive; that the committee be empowered to give a reasonable allowance for so many of the 40 men as shall not be delivered in Georgia; that 15 barrels of gunpowder for smallarms be sent by the Two Brothers for Georgia. Ordered, that 100 muskets and bayonets, 200 Indian arms, 3 cwt. of musket bullets, 3 cwt. of Indian gun bullets, 6 cwt. of lead, one pair of bullet moulds of 9 holes each for the musket bore, and two iron ladles be sent to Georgia by the Two Brothers. Ordered, that 300 pairs of shoes be made at 4s. per pair according to the pattern John Cox made the shoes that were ordered 13 August 1735. Read, the proposals of William Stephens of the terms on which he is willing to serve as secretary for the Trust in Georgia; resolved, to agree to said proposals; Mr. Stephens is appointed secretary; committee of correspondence is to prepare his instructions. 2½ pp. [C.O. 5, 690, pp. 66–68.]
April 18.
Palace Court.
221 Minutes of meeting of Trustees for Georgia. Read letter from Lieut.Governor Thomas Broughton of 7 February 1736/7. [See No. 59]. Ordered, secretary to answer the same. 1 p. [C.O. 5, 687, p. 12.]
April 18.
Georgia Office.
222 Benjamin Martyn to Lieut.-Governor Thomas Broughton, thanking him for letter of 7 February 1736/7 giving notice of advices from Commodore Dent of a Spanish design against Georgia. The Trustees have taken and will take the most effectual measures in their power for the defence of Georgia, and they have no doubt but you will find the persons entrusted with the administration of affairs in Georgia ready to join with you in all necessary measures for the support and defence of the colony. Entry. ½ p. [C.O. 5, 667, fo. 14.]
April 18.223 Appointment by the Trustees of Georgia of William Stephens as secretary for the affairs of the Trust in Georgia. Entry. 1 p. [C.O. 5, 670, pp. 322–323.]
April 18.224 Instructions for William Stephens, secretary for the affairs of the Trust in Georgia. Military concerns: you are to send the following accounts, (1) of all fencible men in the province between 20 and 55 according to town and village; (2) of forts and garrisons, cannon, powder stores, ammunition, swords, bayonets; (3) of the condition of the storehouses in the forts and supply of fresh water there.
Civil concerns: you are to send the following accounts, (1) of the behaviour of the inhabitants towards their magistrates, their industry, sobriety and obedience; (2) the people's reasons, good or bad, for not having cultivated their lands; (3) a report of the surveyor's negligence and who can do that work; (4) the number of souls, English, Scottish and foreign; (5) the number of gentlemen, freeholders and servants; (6) how cultivation and enclosure go on, who have been remarkably industrious or otherwise; (7) what progress is made in the silk; (8) of the public gardens, the plantation of vines and the prospect of making wine; (9) whether coffee is cultivated and what other useful berries; (10) whether the timber cut down be best used for building or traffic; (11) whether the timber on the Trust lands be preserved.
Religious concerns: (1) you are to inform the Trustees whether the people frequent divine service according to their several persuasions, by which means they will know whether any concealed papists are among them, and inform the Trustees what example the magistrates give the people; (2) you are to acquaint the Trustees how the cultivating the land for religious uses goes on; (3) you are to recommend the magistrates strictly to punish vice and immorality, to pay reverence to oaths and to encourage the ministers; (4) you are to recommend to the magistrates to encourage the children at school; (5) you are to recommend them to do the same by the Indian children.
Other general instructions: (1) You must call regularly on the magistrates and other officers to make up their accounts and send them quarterly to the Trustees; (2) you must suggest to the Trustees whatever you think may further the good of the colony; (3) you must advertise the Trustees of all material occurrences; (4) you must see that the naval officers inform the Trustees of all ships coming into the ports of Georgia, their going out, cargoes, whence they came and where bound; (5) you must miss no opportunity of writing to the Trustees; (6) you are to send duplicates of all letters you write by the next ship; (7) you are to enter all letters sent by you to the Trustees in a book; all letters received by you you are to endorse when you received them and by what ship.
Private instructions: (1) you are to send an account of the behaviour of the magistrates and other officers of Savannah and Frederica; (2) you are to send an account of the people's pretences of complaint against the magistrates. Entry. 3 pp. [C.O. 5, 670, pp. 323–326.]
April 19.225 Memorial of Charles, Lord Baltimore, to Council of Trade and Plantations in same terms and to same purpose as No. 267 i. 5 pp. Endorsed, Recd, from Mr. John Sharpe. Recd., Read 19 April 1737. [C.O. 5, 1268, fos. 278–281d.]
April 19.
Georgia Office.
226 Harman Verelst to Thomas Causton, by Princess Carolina, Capt. Coe. The Trustees have ordered that Ann Clark, servant to Mr. Hetherington, be brought back by Capt. Dymond, her uncle Thomas Siddons having applied for it.
Certified accounts have been received as follows: Hugh Bryan's, William Bellinger's, David Provoost's. William Clay's has not yet come to hand. The Trustees have also received two certified accounts which you enclosed to Mr. Oglethorpe 27 January last, giving advice of paying the same in sola bills without Mr. Oglethorpe's endorsement, vizt. to Mr. Barns 40l. for 39l. 19s. 8d. due to him and Messrs. Minis and Salomons for 215l. due to them for a cargo from New York. The Trustees, judging those bills of no use without a proper endorsement, have sent you by the Peter & James 1000l. with proper endorsements on them for the services they are appropriated to defray. Being uncertain whether any more of the 1500l. sola bills which by their letter of 14 January last they desired to be sent back have been paid before the receipt of their letter to discharge certified accounts sent over before you received those bills, they are obliged to postpone the paying those accounts for some time until they receive an answer from you to their letter of 14 January; and they are very much surprised you did not write to them 10 February last after having paid to Mr. Brownfield 178l. more of the said sola bills and should be glad to know the occasion.
Two men-servants were shipped at Gravesend on Peter & James to be delivered to you to be sent to Cooper the millwright and employed by him for the public service in fitting up and using the sawmill. There is another sawmill to be sent over as soon as possible. Samuel Lacey's wife and children did not go with Capt. Dymond but intend to go by the next opportunity. The Trustees desire you will take care of preserving the clock for the church which was sent over, that it may not be spoiled. Mr. Anderson lately sailed from Cromarty in Scotland to Georgia: the Trustees have ordered that he be given credit in Georgia, if he wants it, of 12 bushels of corn and 200 lbs. of meat for himself and each of his servants for a year. Entry. 2 pp. [C.O. 5, 667, fo. 15, 15d.]
April 19.
Georgia Office.
227 Harman Verelst to Elisha Dobree at Frederica, acknowledging letter of 17 December last. Care will be taken for sending a minister to Frederica and finding proper instruction for the children. Mrs. Dobree is willing to come over to you with her family provided she could be satisfied how you would provide for them. Entry. ½ p. [C.O. 5, 667, fo. 14d.]
April 19.
Georgia Office.
228 Harman Verelst to Thomas Christie at Savannah. The Trustees have received the copies of proceedings of the town court at Savannah, but they observe several trials at the said court whereon no judgments have been passed. They therefore desire you will review the last account of the said proceedings which you sent and let them know what sentences have been passed and how such sentences have been executed upon the several verdicts that required sentences and which have not yet been mentioned by you. Entry. ½ p. [C.O. 5, 667, fo. 14d.]
April 20.
Philadelphia.
229 August Gottlieb Spangenberg to Trustees for Georgia. The Bohemian and Moravian Brethren who came from Count Zinzendorf and have since then dwelt in Georgia desire leave to depart that colony, as by copy of letter to Mr. Causton enclosed appears. I therefore desire they may have liberty to depart. They intend to pay every farthing of their debt before they go and they are bound to no one by writing or agreement. I further petition for leave, for the common benefit of these men, to sell the lands given to me and David Nitschmann at Savannah and the houses thereon. Not that we desire any profit to ourselves, but we would that these men may reap some small fruit of their labour. We do not desire anything for the land itself but only for the clearing and improving it, there being upwards of 40 acres cleared, 10 whereof lying near the town is fenced in with pales. Signed. 2 pp. [C.O. 5, 639, fos. 266–267d.] Enclosed,
229. i. Savannah, 21 February 1737; Moravian settlers in Georgia to Thomas Causton. Copy, of No. 168 vii. [C.O. 5, 639, fos. 342–343d.]
April 20.230 Si [las?] Luttrell to Alured Popple. My brother Temple Lawes one of H.M.'s council in Jamaica having very imprudently on account of a private pique absented himself from the duties of his public capacity, I am obliged to have recourse to you to move the Lords of Trade that no effects of H.M.'s displeasure may fall upon him. Mr. Lawes has always shown, excepting this one instance, the greatest attachment to the royal family and the duties of his station. His father was governor of Jamaica. We, Mr. Lawes's triends, hope it will plead very strongly in his favour and that the son of the first man of the island and one of the most considerable by his fortune will not find all the merits of his former behaviour weighed down by one rash proceeding where the motive was much less blameable than the consequence, and to which a warm temper may expose any man. Signed. 2 small pp. Endorsed, Recd. 22 April, Read 26 April 1737. [C.O. 137, 22, fos. 120, 120d, 123, 123d.]
April 20.
Palace Court.
231 Minutes of meeting of Trustees for Georgia. Mr. Paris reported that the Council of Trade and Plantations could not appoint a day for hearing the complaint of the Trustees till they receive further information and evidence from South Carolina relating to the complaint of the council and assembly against Georgia. 1 p. [C.O. 5, 687, p. 13.]
April 20.
Whitehall.
232 Council of Trade and Plantations to Lords of Committee of Privy Council. Pursuant to order of 6th inst. [see No. 206] we have been attended by Mr. Crymble and have received a paper signed by him; to which we add that in our opinion it will be difficult for the petitioners to tie themselves down to any other obligation of transporting foreign Protestants and settling them upon the land petitioned for than those already mentioned for the reasons set forth by them in the paper enclosed. And we think the immediate expense they propose of surveying and marking out the land petitioned for prior to their making any advantage of it will be a sufficient obligation on them to complete the settlement proposed. You will observe the petitioners are willing that in case any mines shall be found in the land petitioned for one-fifth part of all gold and silver ore shall be reserved for H.M. as is reserved in the charter of Massachusetts and one-tenth part of all other mines and minerals whatsoever. Entry. Signatories, Fitzwalter, T. Pelham, M. Bladen, Arthur Croft, R. Plumer. 2½ pp. [C.O. 5, 323, fos. 126d-127d.]
April 21.
Whitehall.
233 Council of Trade and Plantations to Committee of Privy Council. We have no objection to H.M.'s approbation to George Thomas as deputy-governor of Pennsylvania without limit of time and of the three lower counties during H.M.'s pleasure provided he gives the usual security for observing the Acts of Trade and Navigation and qualifies himself for that trust. John, Thomas and Richard Penn have already renewed the declaration formerly made by their father relating to H.M.'s right to the three lower counties and lodged the same in our office. Entry. Signatories, James Brudenell, Arthur Croft, R. Plumer, Fitzwalter, T. Pelham, O. Bridgeman. 1½ pp. [C.O. 5, 1294, pp. 103–4.]
April 21.
Whitehall.
234 Council of Trade and Plantations to the King representing that an Act passed in North Carolina under the late Lords Proprietors entitled an Act relating to biennial and other assemblies is derogatory to H.M.'s prerogative. As we cannot learn that this law was ever approved by the Lords Proprietors of the province as it should have been according to the fundamental constitutions formed by them for the better regulation and government thereof, it may be matter of dispute whether this can be deemed a law subsisting; but to prevent any such doubts and in order to discourage any attempts of this kind we lay the said act before you for immediate disallowance. Entry. Signatories, Fitzwalter, M. Bladen, Orlando Bridgeman, Arthur Croft, 2 pp. [C.O. 5, 323, fo. 128, 128d.]
April 21.
Whitehall.
235 Council of Trade and Plantations to Duke of Newcastle in reply to letter of 21 March, enclosing the following representation relating to the proposals made by M. Maurepas to Lord Waldegrave for preventing disputes about illicit trade in the West Indies. Entry. Signatories, Thomas Pelham, R. Plumer, M. Bladen, James Brudenell. 1 p. Enclosed,
235. i. Same to the King. We have considered the paper delivered by M. Maurepas to Lord Waldegrave relating to captures lately made in America of British and French ships and the proposals to prevent the like. We have taken the opinion of persons concerned in the trade of America. By the first of the proposed articles French ships sailing between island and island may be seized if within a league of a British island; but by the fourth article, not only British ships sailing from island to island but also ships from New England are included. Furthermore by article four, British ships may be confiscated if by the nature of their cargo or other circumstances there shall be proof of an intention to trade with the French. This is liable to great uncertainty because the words may furnish a pretence for confiscating any vessel from those parts: the loading of every ship either to the French or British islands must always be of the same nature.
In the second and third articles it is proposed that neither British nor French ships sailing within a league of each other's shores shall be seized in their return from the sugar-colonies to Europe. These articles carry the appearance of equality. But French vessels returning to Europe are more frequently obliged to come near British islands than British to come near French (except only ships from Jamaica coming through the windward passage). British vessels from Europe on the other hand are obliged to go nearer French colonies. The merchants whom we have consulted apprehend that besides homeward-bound ships, vessels bound for Africa or coming from Europe or Africa to any of the sugar-islands should have been reciprocally excepted, although they may in their way have touched at any of their own islands (as is frequent in the course of that trade). In the second article, it is declared that French vessels shall not be seized nor their navigation hindered on pretence of their being within a league of the English islands; whereas by the third article English vessels in like situation are only excepted when by chance they may be within the said distance of the French islands. But the rule of both nations should have been conceived in the same words.
There are likewise several terms in all the proposals which may give occasion to dispute, particularly "league", "coasting" and "cruising". The first of these might be better ascertained by being called a league or three English miles, and the two others by the general word "sailing" which comprehends both coasting and cruising. In the fifth article it is proposed that no English man-of-war or merchant-ship shall drop anchor at any French port other than those named in the article. No provision is made for vessels driven into other ports by weather or enemies, which is a case particularly provided for by the Treaty of Neutrality of 1686. The principal ports in Grenada and Marie Galante not being named may leave room for dispute. It would be exceedingly inconvenient for your subjects to be confined to those ports only which were named for St. Domingue because almost all British ships going and returning through the Windward Passage are obliged to sail within less than a league of St. Domingue and of many other small islands adjacent where they are frequently forced to touch for wood and water. If this regulation were to take place, some other ports should be added in St. Domingue, particularly the bays of Donna Maria and Tiburon, with proper allowances made for the particular cases provided for by the Treaty of 1686. The first part of this article is particularly levelled at the liberty your warships now have in necessary cases to enter any other of the French ports in America; and the latter part declares that merchant-vessels shall not enter any other but the ports particularly specified, nor unto them without sufficient reason, of which the French will be the only judges as well as of the time necessary for their continuance there. If it should appear by their consignments, the nature of their loading, or other circumstances, that they intended to trade, they shall be confiscated. Consignment, loading and other circumstances are made three distinct reasons for confiscation, and every vessel from the northern colonies to Barbados or the Leeward Islands which may be forced into any of the French ports may be condemned. We apprehend this article would be highly injurious.
To avoid all chicane and inequality we propose that in all cases of seizure, whether of English or French vessels, proof of a design to trade by some overt act should be made by two credible witnesses at least before such vessel be liable to confiscation; that such overt act be particularly charged and specified in the libel or information; that no overt act be allowed of except particularly specified as above and that all evidences in support thereof be made part of the record; that the claimant be allowed a reasonable time to make his defence, shewing by affidavit that the same is necessary; that in cases of condemnation the reasons be particularly mentioned in the sentence; that an appeal be allowed as of right to the superior court of that island where such sentence shall have been given, and in case the sentence shall there be confirmed the claimant to be allowed an appeal to the proper court of judicature either in England or France giving reasonable security for prosecuting the same; that he have authentic copies of all proceedings delivered to him, paying the accustomed fees for the same, and that sentence of condemnation be respited until such an appeal shall be determined at home; that every appeal be prayed for and determined within a certain number of days after trial, and that every vessel seized shall at any time be discharged even before trial, if desired, on the ship and cargoes being appraised upon oath and sufficient security given to answer such appraised value in case the sentence of condemnation be confirmed; but that in every case where sentence be given in favour of the claimant the ship and cargo shall be restored or the security discharged within a certain number of days after; and that in case of seizure only where illegal trade shall not have been proved no master of any vessel nor any of the crew shall be fined or imprisoned.
As to British ports to which French ships may be admitted we propose (if any new regulation take place) that no French ship drop anchor in any port but the following unless forced by stress of weather or other unavoidable necessities: in Barbados, Carlisle Bay and Speight's Bay; in Antigua, Willoughby Bay and St. John's; in Montserrat, Plymouth; in Nevis, Charles Town; in St. Christopher's, at Basse Terre and Old Road; in Jamaica, Port Royal, Port Antonio and Blue Fields; in Bahamas, Providence; in Bermuda, St. George's. In our opinion, however, all cases in dispute relative to illicit trade and navigation are sufficiently provided for by the Treaty of Neutrality to which there is nothing wanting but a specification of what shall be deemed sufficient proof of any vessels having carried on illegal trade, and of the form of proceedings that shall be observed thereupon for which we have proposed a remedy herein. As we apprehend these new regulations consisting of so many different particulars may tend to enervate and destroy the force of the said treaty, we offer that all matters might continue on the foundation of the treaty with the addition only of a specification of what shall be deemed sufficient proof of illegal trade and the form of proceedings thereon; that the French should repeal their edict; that you should repeal the Montserrat Act; and that mutual restitution should be made not only of vessels named in the French proposals but of all others on both sides taken since the French edict of 1727, where there has not been substantial proof of illegal trade made against them. Entry. Signatories, as covering letter, with Arthur Croft, 16 pp. [C.O. 153, 16, fos. 50d-58d.]
April 21.
Whitehall.
236 Order of King in Council approving a report from Committee for Plantation Affairs on the complaint of Mahomet, Chief Sachem of the Mohican Indians, of deprivation of land by the inhabitants of Connecticut. [See A.P.C. (Colonial Series), 1720–45, pp. 531–3.] The Committee recommend that a commission of review should be granted and submit a draft commission. This is approved, the Duke of Newcastle is to prepare a warrant, and the charge of passing the commission is to be defrayed by the crown. Copy, certified by Temple Stanyan. 4½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 1268, fos. 288–291d; warrant in C.O. 324, 37, pp. 59–65; another entry in C.O. 324, 50, pp. 191–197.]
April 21.
St. James s.
237 Same, approving the recommendations made in a report from the Committee for Plantation Affairs [see A.P.C. (Colonial Series) 1720–45, p. 554] on the complaints from the French Court and from M. Hop for the States General about seizures of ships in the Caribbean. Proper representations are to be made at the French Court that the question may be settled amicably; further consideration to be respited till the results of these representations be known. Copy, certified by Temple Stanyan. 3 pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 152, 22, fos. 343–344d.]
April 21.
St. James's.
238 Same, approving the recommendation made in a report from the Committee for Plantation Affairs [see A.P.C. (Colonial Series) 1720–45, p. 554] on the petition of John Yeamans and others for additional military forces in Antigua consequent upon the negro rebellion. The Committee was not satisfied that additional forces could be either subsisted or quartered there and recommended that no augmentation be made. Copy, certified by Temple Stanyan. 2 pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 152, 22, fos. 347, 347d, 352, 352d.]
April 21.
St. James's
239 Same, approving fifteen Acts passed in Massachusetts in 1733 and 1734, vizt. Acts for erecting the lower plantation of Housatonic into the township of Sheffield; in further addition to an Act for providing for precinct or parish meetings; in further addition to several Acts for settlement of estates of intestates; for altering times for holding courts; for erecting the town of Rumford; in addition to an Act for punishing criminals; in addition to Acts for preventing encroachments on highways; in addition to an Act for ease of prisoners for debt; to prevent unnecessary lawsuits; for regulating proceedings on bonds of administrators on intestate estates; to exempt Anabaptists from being taxed for support of ministers; in addition to Act for regulating choice of town officers; for erecting town of Halifax in Plymouth county; for dividing the town of Enfield and erecting a new town of Somers; for erecting the township of Litchfield. Copy, certified by Temple Stanyan. 2½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 879, fos. 151–152d.]
April 21.
St. James's.
240 Same, on a representation from Council of Trade and Plantations and a report from Committee for Plantation Affairs, approving an Act passed in Jamaica in May 1736 to explain and enforce the will of John Wolmore, late of Kingston, goldsmith, deceased, and for establishing a free school in the island. Copy, certified by Temple Stanyan. 1½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 137, 22, fos. 121–122d.]
April 21.
St. James's.
241 Same, on a representation from Council of Trade and Plantations and a report from Committee for Plantation Affairs, approving an Act passed in Jamaica in May 1736 to confirm the sale of a house in St. Jago de la Vega commonly called the Fort House. Copy, certified by Temple Stanyan. 1½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 137, 22, fos. 125, 125d, 128, 128d.]
April 21.
St. James's.
242 Same, approving draft of additional instruction for the governor of Massachusetts to restrain him from assenting to any Act for issuing new bills of credit except only to the value of 30,000l. for the annual support of the government or to any Act for reissuing old bills of credit without inserting a clause suspending the execution of the same until H.M.'s pleasure shall be declared. Duke of Newcastle to prepare the instruction for H.M.'s signature. Copy, certified by Temple Stanyan. 1½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 879, fos. 154–155d; entry of instruction in C.O. 324, 37, pp. 56–58.]
April 21.
St. James's.
243 Same, on a representation from Council of Trade and Plantations and a report from Committee for Plantation Affairs, approving an Act passed in Jamaica in May 1736 to enable David Jones, a minor, and others to sell lands in Jamaica. Copy, certified by Temple Stanyan. 1½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 137, 22, fos. 126–127d.]
April 21.
St. James's.
244 Same, disallowing an Act of South Carolina for ascertaining public officers' fees. Copy, certified by Temple Stanyan. 1½ pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 365, fos. 208–209d.]
April 21.
St. James's.
245 Same, approving report from Committee for Plantation Affairs, that the petition of Samuel Storke and Peter Van Brugh Livingston for a grant of land in Albany county, New York, be dismissed. Copy, certified by Temple Stanyan. 2 pp. Endorsed, Recd. 16 May, Read 24 May 1737. [C.O. 5, 1058, fos. 167, 167d, 170, 170d.]
April 22.
Whitehall.
246 Council of Trade and Plantations to Committee of Privy Council. We have considered your order of 1 May 1735 referring to us the memorial of Thomas Coram together with petition of several of H.M.'s subjects in and about London and Westminster in behalf of themselves and many others relating to the settlement of Nova Scotia and Cat Island, one of the Bahamas. Upon this occasion we have several times been attended by Mr. Coram and the petitioners who have proposed to undertake the settlement provided the province of Nova Scotia and Cat Island be vested in trustees for a term of years, that the trustees do recommend the governor for H.M.'s approbation, that a council and assembly be chosen by the inhabitants, and that land be granted to them in proportion to their abilities.
As the settlement of Cat Island is not immediately necessary to forward that of Nova Scotia, we proposed to Mr. Coram that the settlement of Nova Scotia might be the first consideration; and he has agreed to the following proposals for that purpose: (1) that a certain number of gentlemen and others be incorporated trustees for promoting the said settlement; (2) that the said trustees do recommend to H.M. a deputy governor for the said province for H.M.'s approbation who, when approved, shall give the usual security for observing the several Acts of Trade and such instructions as shall be sent to him in relation thereto; (3) that the said trustees shall appoint persons to be the deputy governor's council until there shall be a sufficient number of inhabitants settled in the province when a council and assembly may be chosen; (4) that when the said assembly shall be chosen they shall annually elect councillors not exceeding 21 in number and present their names to the deputy governor for his approbation who is to have an absolute negative upon each of them respectively; (5) that the deputy governor with the advice and consent of the said council may appoint judges, justices and courts of judicature for hearing and determining all causes as well criminal as civil; (6) that the deputy governor, council and assembly may enact such acts and laws as they shall think necessary for the good government and prosperity of the province provided they be not repugnant to the laws of this kingdom and that within six months from their being passed they be transmitted to the Board of Trade in order to be laid before H.M. for his approbation or disallowance; (7) that the said deputy governor with the advice and consent of his council may grant land to any of the inhabitants of the province in such quantity and manner and under such rents, services and reservations as shall be appointed by the charter to the trustees; (8) that at the expiration of 21 years from the date of the charter all the right, claim, power etc. of the trustees shall entirely cease and all public accounts, books, records and effects then remaining in the possession of the trustees shall be delivered up for the use of the province to such person or persons as H.M. shall think fit to appoint to receive the same; and that the government of the province shall then return entirely to the crown to be exercised as in New York or any other Plantation immediately under H.M.'s protection. The petitioners have likewise proposed that the trustees may be empowered by their charter to ask and receive money from such as are inclined to assist the settlement of this province.
The settlement of Nova Scotia with English inhabitants is of very great consequence to H.M.'s interest in America and to the interest of this kingdom from its situation with regard to the French and from the fishery now carried on at Canso and the several branches of naval stores that province is capable of producing when once it shall be settled, as we have several times represented to H.M. and to you, particularly in our report of 7 June 1727; and therefore we think it very much for H.M.'s service to give all possible encouragement to any undertaking for this purpose especially when attended with so great an appearance and probability of success as that of Mr. Coram's. Entry. Signatories, Fitzwalter, Thomas Pelham, M. Bladen, R. Plumer. 5 pp. [C.O. 218, 2, pp. 337–341.]
April 22.
Whitehall.
247 Alured Popple to Governor Gabriel Johnston. Since my Lords Commissioners' letter of 11 November last they have received yours of 15 October preceding and Mr. McCulloh your agent has laid before them the several papers you mention to be enclosed in your said letter except the estimate of the charge of running the division line between your province and South Carolina. As mistakes of this sort may frequently happen from your sending part only of the papers you intend for the consideration of my lords in your letter to them and the remainder of them to your agent, I am to desire that you will for the future constantly send with the letter to their lordships such papers as are therein mentioned to be enclosed.
My lords have considered what you wrote concerning the blank patents and although they may generally approve of your sentiments upon the subject yet as the case of these patents as drawn up by yourself now lies before H.M.'s Attorney-and Solicitor-General, they do not think proper to send you any directions concerning the said patents until they shall have received their opinion in point of law upon this subject, which is soon expected; in the meantime I am commanded to send you enclosed the copy of Mr. Burrington's answer to your state of the blank patents for your observations, which likewise lies before the Attorney-and Solicitor-General.
The next part of your letter relates to the payment of quitrents upon which you desire directions as to your continuing to receive them in proclamation money instead of commodities which the inhabitants are desirous of paying them in. Upon this subject you have full directions in your instructions and my lords do not see that you can want any explanation of them. The quitrent which by your instructions you are directed to reserve is 4s. proclamation money for every 100 acres. But as you have mentioned the receipt of 4200l. sterling on account of arrears of quitrent my lords desire to know in what specie that sum was paid. With regard to the collection of these quitrents their lordships observe that you have proposed the appointment of sheriffs and desire you may have directions whether such officers may not be appointed by a law to be passed for that purpose wherein some equivalent may be made to the provost marshal, and these sheriffs to be appointed collectors of the quitrent. Upon this subject and the other difficulties mentioned in your letters of 15 October and 29 November last my lords have not as yet sufficiently considered to return you a particular answer. They see no objection to your getting an Act or Acts passed for remedying the grievances complained of provided you take care that a clause be inserted in such Acts to suspend their execution until the King's pleasure can be known thereupon. My lords have laid the biennial law of your province before H.M. with their reasons for repealing the same and when H.M. shall have come to any determination you will have notice thereof. Entry. 4 pp. [C.O. 5, 323, fos. 129–130d.]
April 23.
Georgia Office.
248 Harman Verelst to Messrs. John Hossack & Co., merchants at Inverness. Last Wednesday the Trustees agreed with the owner of the ship Two Brothers to go to Inverness and embark 40 menservants to be shipped within 14 days after her arrival at Inverness for the account of the Trustees. You are requested to employ Archibald MacBean or whom else you think proper to engage them. Those of 20 years and upwards are to serve four years, those under 20 are to serve until they are 24. Their indentures, when they are bound to the person who engages them, must be endorsed by him with his name on the back of that part of the indenture which the servants sign and those parts of their indentures must be delivered to you, which the Trustees desire you would forward by the same ship to Thomas Causton at Savannah who will have instructions for employing them in the public service. Send the Trustees a list of their names and ages. The charge the Trustees pay for engaging them is 20s. sterling for each servant. They allow 1l. 5s. per servant for clothing and bedding. [Details given.] You are to buy for the Trust and send to Mr. Causton for the Highlanders 300 yards of tartan at 12d. a yard for short coats and short hose and 1200 yards of tartan at 14d. a yard for plaids. You are further to buy 12 spinning wheels with some wool and hemp or flax for the women to be employed in and consign them to Mr. Causton. Mr. Bean was desired by his countrymen and others in Georgia to come to Scotland to engage servants for them which they are to pay the captain for on delivery in Georgia, and the owner in consideration of Mr. Bean's trouble gives him his own passage back and the passage of some servants for himself in proportion to the number he shall engage and ship over and above the 40 to be shipped for the Trustees. Entry, 1½ pp. [C.O. 5, 667, fos. 16d, 17.]
April 25.
Bermuda.
249 Lieut.-Governor John Pitt to Duke of Newcastle. On 2 5 March last I sent you two Acts with journals of assembly; I now send journals of council. Signed. 1 p. [C.O. 37, 26, fo. 202.]
April 25.
Bermuda.
250 Same, to Charles Delafaye transmitting minutes of council. You will see the treatment I have lately received from the council by the minute of 20 January past in a speech or representation or what they please to call it, to me insinuating as if I had been guilty of some very unanswerable proceedings by their accusing me of setting up new courts, silencing one North a lawyer without due process, and making a fellow an attorney-general who is fit for nothing. The occasion of this is as follows. Mr. Edward Jones about September or October last having a dispute with his master and sailors relating to a voyage then made and the mate arresting the master who was then going to sea, Mr. Jones the owner was his attorney to answer the prosecution; and several of the evidences going to sea, he to secure them had them sworn before me to their several affidavits relating to the affair. When the cause came to issue the judges would not allow the evidences to be good, being sworn before me, a thing never disputed in any court in these islands that an affidavit taken before H.M.'s lieut.-governor was ever so much as the least hesitated, and several since my government have been allowed though the contrary party was not by, which I cannot find any governor ever had. This I take to be an intrusion on H.M.'s authority, having the affidavits of the clerk of the assizes for 40 years past, the provost marshal general for 30 years past, and of the attorney-general for 40 years, that an affidavit taken before the governor was always allowed good evidence in any cause and has been the constant practice of these islands since their settlement.
As to their other accusation relating to North, he had the impudence in the public court to say those affidavits were privately and clandestinely taken, which I do declare were taken as all oaths are before me, the probits are writ in the secretary's office and the secretary swears the person to them. This occasioned me to send a testimonial to vindicate myself and to order that fellow to be silenced and never act as an attorney in any of the courts of these islands during my administration. It is true the judges had sworn him as an attorney, but what or who he is they know not for he has no testimonial from any Inns of Court or any other place; he is a stroller and has been all over the West Indies and about a year ago came here from Providence; he is a vile, mischievous, impudent fellow and to vindicate myself from his false aspersion I could do no otherwise than show my authority by silencing him.
The next thing they say I have made a fellow an attorney-general that is not fit for anything. I do not tell of his merit but he is the only one that my predecessors or I can find for these 40 years past; his name is Burton and I am sure much the honestest man of the two and is the best acquainted with the laws and customs of these islands and those of England that I think him much the properest person to do H.M. justice in that post.
As to their having a privilege of disposing of civil employments, I conceive it otherwise; I do and have always asked their advice and desired the council to recommend fit persons to me to fill up the vacancies, and at this present time I do not know of any judge or justice of the peace but what is of their recommending. But when I see, for the sake of being their relations or factors or under some other obligations, they will recommend people no way capable (which too often happens) I then think myself the judge to dispose of them as is most to H.M.'s honour and the service of the island without invading or lessening the privilege of the council. They say I would not suffer one Slater to be sworn (very true) for he is a fellow that keeps a punch-house and of a most abandoned character, came here from the Bay of Honduras, and this fellow must be sworn to an affidavit that was utterly false, as Mr. Edward Jones a person of very good character and note offered to prove; but their honours would not allow Jones to swear, neither would I the fellow who I know did not care what he said or swore.
As to their accusations in their speech of a new court set up, it is utterly false. The said Mr. Jones, to vindicate his character from the aspersion laid on him by the grand jury's presentment, the speeches of some of the magistrates and the affidavit of this Slater, petitioned me for a dedimus to examine witnesses and to take interrogatories in relation to the crimes laid against him. This I granted as another privilege entirely in myself which never till now was ever so much as named but to be according to the known customs of the place and of H.M.'s lieut.-governor ever since there has been one in the island. I directed it to Richard Jennings, president of the council, and Nathaniel Bascome, one of the judges. The president of the council sat upon it and examined witnesses as has been always usual on those occasions, by which interrogatories Mr. Jones, if it should be necessary, will be able to vindicate himself if he should be obliged to appear before impartial judges. These interrogatories are returned to me according to my order in the dedimus, which is what the council and judges want me to deliver up, that the said Jones may not be the better for all the pains and trouble he has been at; and as those interrogatories are the character that the best men in the island think him deserving of, I think it would be very unjust in me to squash them.
This is what I thought proper to acquaint you with, begging of you, if any complaint should be maliciously lodged, you will prevent any proceedings against me till I have the opportunity of vindicating myself which as I am conscious during the whole time of my government I have studied and done all that lay in my power consistent with the honour of H.M.'s commission to serve them and do my duty, which I shall for all their base and false accusations continue to do. Signed, 2 pp. [C.O. 37, 26, fos. 200–201.]
April 25.
Savannah.
251 Thomas Causton to Trustees for Georgia. On 25 March I received your orders dated 14 January full six weeks after the ship's arrival at Charleston. Mr. Oglethorpe having directed before his departure that the sola bills which should arrive after his going should be applied according to your orders of which he left me a copy, to effect which he directed Messrs. Montaigut & Co. and in failure of them Mr. Jenys of Charleston to receive such bills and enable me to make payments accordingly, I had therefore issued the greatest part of them before your orders came to have them returned. I engaged myself also to Mr. Woodward on account of Mr. Horton before that time agreeable to Mr. Oglethorpe's orders which will appear by Woodward's account when it comes to hand. The want of provisions and the late alarm have kept Mr. Lacey from going to Augusta; there are several houses built and corn planted by those who are to settle there but Mr. Lacey having lately heard that George Summers has really secured some provisions, he is resolved to go immediately into the Cherokee nation and deliver your message. You will find by the enclosed that I began a daily account of occurrences the very day I received your orders for it: I shall think myself very happy if I can anyways contribute to give you a just representation of your affairs in Georgia, having been always very ready to devote my whole time to your service ever since my arrival. One of the tubs of bamboo cane was lost in the passage to Charleston, the remainder arrived but believe are all dead. I delivered the barilla seed to Peircy the gardener with the directions.
I hope I have not erred in giving way to the people's demands for building the walls of the fort. The clamour on that occasion was inexpressible, and having done what was absolutely necessary and answered their first demand, vizt. a place of retreat for the women and children and effects till succour could come, I have positively refused to do anything more to it till you shall give orders, judging that should an attack now happen it might be made defensible in a few hours; and if no attack happened, as you would very probably think it necessary to build a new magazine, the old one being too small and decayed, this might not be an unfit place as well for such an use as also for a general landing of goods, which is now very expensive.
I must repeat my desire that you would give some written directions to the constables and magistrates: to the first with regard to the watch and how they shall answer for neglects, to the latter how to act in judicial matters. In the present circumstances those who would do their duty meet with great discouragements and there is little probability that any law will be duly executed. I find our grand juries do not care to find bills of indictment for selling rum (though fully proved); you will easily see therefore the circumstances I am in as to that particular when in pursuance of that law and your express appointment I shall order any to be staved. I have seen negroes selling goods on the strand in the presence both of Mr. Vanderplank and Mr. Fallowfield and have been forced to drive them away myself though they are the persons appointed as constables for that purpose. I must further desire your directions to the magistrates what judgment they shall give upon complaints for want of the roads being made and fences not set up and particularly with regard to widows, orphans or absent people whose lands are uncultivated and are not likely to be; also, with regard to the presentment made by the grand jury for clearing the common of logs and brush, whether they may not compel a joint labour and by the common consent of the majority of the people lay a fine on those who shall neglect their parts. As the business of transcribing the daily occurrences and correspondence besides other business is too much for me to attempt myself and necessary to be done by hands I can confide in, I am in want of such persons; and I believe if two expert lads could be sent as they might be under command would be capable under me of answering that purpose. At present I am obliged to William Williamson to do those things which I cannot trust to other people. The particular transactions of the colony to this day so far as they come to my knowledge and copies of all papers to which they relate are herewith sent. Signed. 1½ pp. Endorsed, Recd., Read 20 July 1737. [C.O. 5, 639, fos. 260–261d.]
April 27.
Palace Court.
252 Minutes of Common Council of Georgia. Read, grant of 500 acres of land to William Stephens and to his third son, Thomas Stephens, with preamble of agreement with William Stephens, to act as secretary for the Trust in Georgia; seal affixed thereto, secretary to countersign the same and sign a memorial of the grant in order to be registered with the auditor of the plantations. Resolved, that the Earl of Egmont, Mr. Vernon, Thomas Tower, Mr. Oglethorpe, Mr. L'Apostre and any of the Common Council who will attend be a committee to prepare Mr. Stephens's instructions, any three to be a quorum; the same committee to prepare a device for the town seal for Savannah.
Resolved, that a town-lot of 50 acres within Savannah be granted to John Warwick. Mr. Stephens was sworn in secretary for the Trust in Georgia. Resolved, that 300 acres of land be granted in trust to be set out at Frederica for raising a maintenance for a minister and schoolmaster there and for other religious uses. Sealed articles with John Pye and Samuel Hurst to be clerks in Georgia; secretary to countersign the same. Resolved, that 40 servants be employed in clearing and cultivating a farm lot of lands reserved for the public to be called Bouverie's Farm in discharge of Sir Jacob Des Bouverie's benefaction for sending over servants to Georgia, which 40 servants at 25l. each for all charges will make the expense of 1000l. Ordered, that an account of the annual produce of the said lands be kept distinct and entered as the produce of Bouverie's Farm to be applied for the benefit of the colony. Read, a constitution for William Stephens to be secretary for the Trust in Georgia and instructions to him; sealed the same, secretary to countersign. Read, a paper of private instructions to Mr. Stephens; secretary to sign the same. 3 pp. [C.O. 5, 690, pp. 69–71.]
April 27.
Palace Court.
253 Minutes of meeting of Trustees for Georgia. Received by Rev. Mr. Burton, 10l. being the fourth annual payment of a benefactor, to be continued for the term of the benefactor's life but given for five years certain for the endowment of a catechist in Georgia. ½ p. [C.O. 5, 687, p. 14.]
April 27.254 Grant by the Trustees of Georgia to William Stephens and Thomas Stephens, his third son, of 500 acres of land in Georgia subject to several conditions. Entry. 10 pp. [C.O. 5, 670, pp. 312–321.]
[April 29.]255 Petition of Sebastian Zouberbuhler to the Governor and Council of South Carolina. The petitioner undertakes to bring over 100 Swiss Protestant families in one year, and when this is completed 200 families more; he asks for one year's provisions for the 100 families, that the warrants, plats and grants may be given gratis, that the township to be settled shall be shown to the petitioner at the charge of the province, and that he may have liberty of choosing a township on Santee river. Translation. Endorsed, Recd., Read 29 April 1737. 1½ pp. [C.O. 5, 365, fos. 207, 207d, 210, 210d.
April 29.
Palace Court.
256 Minutes of Common Council of Georgia. Resolved, that 150 acres of land be granted to Thomas Upton. Resolved, that a further 5 guineas be given to the person who recovered the survey of the coast of Georgia. [See No. 187.] Read, proposals of John Matthias Kramer, secretary to Count Zinzendorf, to translate some part of the book called Reasons for Establishing the Colony of Georgia into High Dutch at the Trust's expense and to engage a number of persons in High Germany to go to Georgia and to conduct them from Worms to Rotterdam at the said persons' expense, and he submits it to the Trustees to give him such allowance as they shall think fit; resolved, that it be referred to committee of correspondence to consider the same and to settle instructions to Mr. Kramer, and to contract with Messrs. Hope for the passage of 60 heads of 12 years of age and upwards to be repaid to the Trust in six weeks after their arrival in Georgia or they be indented to the Trust for servants.
The board considering Capt. Charles Dempsey's memorial setting forth his services in negotiations between Georgia and St. Augustine; resolved, that the thanks of the Trustees and 150l. be given to him. Resolved, that 425l. be paid to Ald. Heathcote on account. Sola bills to the value of 1500l. being sent to be issued by Mr. Oglethorpe which he did not receive before he left Georgia, and by letters from Mr. Causton dated 27 January 1736/7 several of them appearing to have been paid away in discharge of certified accounts though there was no endorsement by Mr. Oglethorpe; resolved, that 1500l. out of the 20,000l. granted this session of Parliament be appropriated for the payment of the said sola bills or so many of them as shall happen to have been paid away before the order of 12 January 1736/7 for returning them to England was received, and that after the said 20,000l. shall be received and paid into the Bank of England any five of the Common Council be empowered to draw upon the bank for payment of the said sola bills though Mr. Oglethorpe has not signed the endorsements, they being returned with accounts attending them or for value paid to Mr. Causton to account for. Resolved, that until the said 20,000l. be received 433l. out of the unappropriated money be paid to Mr. Oglethorpe to pay the following of the sola bills: Minis & Salomons, 27 January 1736/7, 215l.; Capt. Barnes, 27 January 1736/7, 40l.; John Brownfield, 9 February 1736/7, 178l.; and that after the 20,000l. is received the said 433l. be replaced and Mr. Oglethorpe discharged by the delivery of the said bills to be cancelled.
Read Mr. Causton's letter of advice to Mr. Oglethorpe dated 10 February 1736/7 of drawing bills [see No. 71]; ordered, that the said bills be accepted and paid when due. Read, a proposal from Mr. Zouberbuhler the execution whereof would amount to 2032l. 10s. besides 100l. per annum expense to the Trust; resolved, that he be acquainted that the Trustees cannot comply with the said proposal. Received, a bill of exchange dated Savannah, 7 June 1736, drawn by Mr. Oglethorpe for 25l. sterling for value received on account of the colony; ordered, that it be accepted and paid when due. David Provoost having transmitted to Rodrigues Pacheco a certified account for 112l. 18s. 11d. sterling for provisions delivered in Georgia 1 December 1736 before the 1500l. sola bills arrived in Georgia, and it being observed that some of the said 1500l. sola bills might happen to be paid in discharge of the said account, which Mr. Bland the goldsmith offered to secure the Trust from any double payment of; resolved, that on Mr. Bland's giving such security the said account be paid.
Read a letter from Lachlan M'Lachlan and Donald Cameron [see No. 189]; resolved, that the terms which the Trustees have settled for people going to Georgia at their own expense be sent to them. Signed, drafts on the Bank of England for 425l. payable to Ald. Heathcote and 433l. payable to James Oglethorpe. 8 pp. [C.O. 5, 690, pp. 72–79.]
April 30.
Whitehall.
257 Duke of Newcastle to Governor William Mathew, enclosing copies of complaints from France and the States General of unjust seizure of several ships belonging to their subjects. The King having referred the said complaints to the Board of Trade, I send you copies of their representations to H.M. thereupon, by which it appears that you had, without any authority from H.M., given your consent to an Act passed by the assembly of Montserrat for seizing any foreign vessel within a league of any English shore or sailing anywhere within the extent of the government of the Leeward Islands and for confiscating such vessels if any trade with H.M.'s subjects could be proved against them, without inserting a clause to suspend the taking effect of the said Act till H.M.'s pleasure could be known upon it contrary to the tenour of H.M.'s instructions to you; and that you had in their opinion even exceeded in some instances the terms and conditions prescribed by the said Act of Montserrat by causing the French ship La Fortune to be condemned without any proof that it had been concerned in clandestine trade. And it appearing also that you had not transmitted any account hither of these your proceedings, H.M. has ordered me to signify to you his high displeasure at your conduct and his commands that you should forthwith send a full account of all that has passed and of the several ships taken by virtue of any authority given by you or in consequence of the said Act of assembly of Montserrat (as well of those ships concerning which any complaint has been made to H.M. as of any other that may have been taken) with the names and value of the said ships and their cargoes and of the place or places where they are and of the persons to whom they may have been consigned. And I am also to signify to you H.M.'s positive commands that you do not suffer any of these ships or any part of their cargoes to be disposed of or converted to any use whatever, but that they may be kept and preserved entire for the benefit of the owners in case H.M. shall think fit to order them to be restored. And if any part of the cargoes shall have been disposed of, it is H.M.'s pleasure that the profits arising thereon should be kept in the same manner till H.M.'s further pleasure shall be signified to you and that you should, if it be necessary, take proper security for the same. I am also to acquaint you with H.M.'s pleasure that you should transmit to me to be laid before the King a particular account of all the vessels that may have been taken from the subjects of any foreign power by your order or appointment or that may have been brought into any of the islands under your government since the time that you have been governor of the Leeward Islands. H.M. expects your ready compliance herewith and that you will with the utmost expedition transmit the accounts required. Draft. 5 pp. [C.O. 152, 44, fos. 102–105d; entry in C.O. 324, 37, pp. 52–55.]
April 30.
Cape Fear.
258 Governor Gabriel Johnston to Council of Trade and Plantations. Your letter of 11 November came lately to my hands. There was a full account of what passed between our commissioners and those of South Carolina relating to the boundary line in the minutes of council from 25 March to 25 June 1735, but as you ordered a particular account of that matter I confess I was in the wrong in neglecting to send an extract from the council books. I have now ordered the commissioners to prepare a draft of what they have done, which I shall transmit to you by the first opportunity. The running of this line is far from being completed. The commissioners were put to great charges and endured vast fatigues. Our assembly refuse to pay them anything and are very positive it ought to be done at the charge of the crown. The manner of running it is agreed upon by both colonies but it cannot be put in execution until it is determined who are to pay the commissioners.
It is a great misfortune to everybody concerned in the government here that the Attorney-General has not after so many years made his report concerning our laws. If they are found to be good and valid notwithstanding the want of so essential a condition as the approbation of the board of proprietors and the publication of that approbation at the next biennial assembly (which is Mr. Smith's objection and mine), H.M. will have very little to do in this province. For they have taken effectual care to make themselves independent both of the king and the lords proprietors. And as to private property they may rob orphans and cheat strangers and have these laws still on their side. Even now when we have a Court of Exchequer we cannot get justice done to the crown except in such cases where we can proceed by English bill. Every juror is a tenant of the crown and will never find for his landlord. They imagine besides all this that they have a governor and every other officer who will not betray H.M.'s interests in their power It is only [necessary] as they reckon to send home a number of complaints and, let the charge be never so untrue, improbable and contradictory, they are sure they cannot in this country be at a loss for affidavits in what number they please.
I ask pardon for never having yet sent you an answer to the annual queries transmitted me from your board. Before this time I should have been able to send you some specimens of the finest products of the South of France and Italy, which with a good deal of charge and expense I have begun to raise in this country, but have been pretty much retarded by the opposition and murmurs which all regular governments will meet with in this province unless most vigorously supported from home. I shall, however, soon send a particular answer to these queries and hope to be able at same time to show you of what improvements this country is capable if duly encouraged.
I have heard much from some gentlemen lately come from England of a design to send an independent company into this province: it would be a great happiness to this country if H.M. would be so good as to do it. I am satisfied, until it is done our assembly will never build one sufficient gaol in the province nor put the militia in any tolerable footing; and how goverment can be maintained or the lives and properties of the subjects preserved where the militia cannot be raised nor the persons of malefactors and debtors secured I leave to your speedy consideration. This is literally the case here and if not soon remedied must have fatal effects. In case such a company is sent here I beg I may have a commission to be captain of it. I should not solicit for it if I was not certain that H.M.'s service cannot be so effectually promoted here by any other person's having it. I must also represent that though I have been now governor of this colony four years and have the name of a salary of 1000l. sterling yearly I have not yet been able to command 200l. sterling though I have endured a great deal of fatigue and trouble and lived at a very great expense. The currency is at present so very bad that it is impossible out of my salary to procure from England such things as are absolutely necessary for living here with common decency. I must therefore beg you to consider my present mean provision when any proper occasion such as this shall offer. I wish you would also consider what the receiver-general has represented to you as to the exchange of the currency into sterling money. All H.M.'s officers have been great and willing sufferers by it in order to make the payments of the arrears of quitrents more easy to the people, but the full exchange ought certainly to be taken for the future and it would look best if that was done by your express command. Signed, 2½ pp. Endorsed, Recd. 19 September, Read 21 September 1737. [C.O. 5, 295, fos. 97–98d.]
[?April (fn. 1) 259 Charles Dempsey to [? Harman Verelst]. The Trustees may think my expenses at St. Augustine somewhat extraordinary but they must consider that all things there are at a most extravagant rate by reason they have nothing but what goes from the English colonies: flour is from 40–45s. sterling per barrel, butter 11¼ d. and sometimes 15d. per pound, cheese ditto, salt beef and pork the same, candles 15d. per pound, wine 3s. 9d. pet bottle, a fowl 5s. and often 7s. 6d., all fresh meat and fish in proportion. There is there no furnished lodgings, so was obliged to take a house. The launch's hire going over the bar 40 pieces-of-eight, coming back the same. In fine, sir, a common soldier has half a crown a day, a trooper 3s. and yet are starving half the year. I was obliged besides all this to apply a great deal of money for intelligence to all sorts of ranks and to generously gratify the persons that conveyed my letters unknown to the governor to Mr. Oglethorpe. When first I went to St. Augustine I had Major Richards and seven more persons to maintain until wind and weather permitted their return. The Major came back with Mr. Horton and their servants and lived with me until I made up that breach which you have undoubtedly heard of, and returned with them Don Pedro Lamberto Rotinello and Don Manuel Gonsales de Arcy. Mr. Oglethorpe thought fit to send me back with the Spaniards to St. Augustine where I remained very ill as well as uneasy at the arrival of a detachment of 180 men from Havana; in that occasion I employed all (fn. 2) . . . left no stone unturned to bring the2. . . Mr. Oglethorpe's instructions to an accommodation, which succeeded as by him ordered. For I came back again to Frederica with Don Antonio de Arredondo, Don Juan de Castilia, both officers of the garrison of Havana, the first engineer-in-chief of that place, who brought a letter from Don Juan Francisco Guemes y Horcasitas, governor of Havana and captain-general of Cuba; with them came also the governor and captaingeneral of Florida the same Don Manuel Gonsales de Arcy. Some days after the return of these gentlemen to St. Augustine, on a letter Mr. Oglethorpe received from Don Francisco del Moral Sanchez y Villegas, governor of St. Augustine and captain-general of Florida, he was pleased to send me with final instructions there which I executed to his satisfaction as he was pleased to tell me. You must remark, sir, that from 22 February until my coming back to Europe I was always going and coming to and from St. Augustine or there. I shall not take up your time with the rehearsal of the several dangers I went through but must tell you that I am too much a man of honour and too wellborn to misapply any of the trust money, in so much that I neglected entirely my own affairs to do their's. Signed, 2pp. [C.O. 5, 639, fo. 193, 193d.]

Footnotes

1 Egmont Diary, II, 395; Georgia Records, II, 194.
2 MS. torn.