America and West Indies
July 1737, 1-31

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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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192-212

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'America and West Indies: July 1737, 1-31', Calendar of State Papers Colonial, America and West Indies, Volume 43: 1737 (1963), pp. 192-212. URL: http://www.british-history.ac.uk/report.aspx?compid=72909 Date accessed: 01 October 2014.


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July 1737, 1-31

July 1.
Georgia Office
380 Harman Verelst to John Mathias Kramer at Rotterdam. I should be glad to know what certainty you have of engaging any more than 60 in case the Trustees should increase your instructions for a number not exceeding 100 heads; and if such a number became certain to Mr. Hope, sure others at their own expense would complete a full loading to him. Your answer to this I shall lay before the Trustees. Entry. 1/3 p. [C.O. 5, 667, fo. 23.]
July 4
St.Christopher's
381 Governor William Mathew to Alured Popple. I have delivered to the care of Capt. Sommers a box containing the duplicate of the Montserrat Act for restraining slaves, of which I formerly sent you the original, and two Acts of Nevis, one for the better government of negroes and the other to oblige all vessels to perform quarantine that come from infected places. These I pray you will lay before their lordships. I explained the Montserrat Act when I sent it first home and have no observation to make on the two Nevis laws which are such as are in other of these islands and sufficiently explain themselves. I also send minutes of council of Montserrat for quarter ending 25 June last. I have no other public papers by me to transmit to you. Signed. 1 small p. Endorsed, Recd. 16 August, Read 31 August 1737. [C.O. 152, 23, fos. 40, 40d, 45, 45d.]
July 6.
Oxon.
382 George Whitefield to Harman Verelst. I am well pleased with the things the Trustees have ordered for me and the schoolmaster, for which I desire they will accept my thanks. As for any salary being allowed the schoolmaster, he neither expects or desires it but only depends on food and raiment proper for a person of his station, which I suppose the Trustees will readily allow him. Besides the things mentioned in my last I believe I shall stand in want of a gun, a sea-chest and some other trifling particulars; but those being easy to be procured I shall defer mentioning them till I come to town which will be as near as possible to the time we are to embark. Signed, G.W. 1 small p). [C.O. 5, 639, fo. 303, 303d.]
July 6.
Palace Court.
383 Minutes of Common Council of Georgia. The accountant acquainted the Common Council that pursuant to order of 2 June 1736 a draft had been made on the bank 500l. for payment of sola bills. L'Apostre acquainted the board that on 13 June last year's vouchers to 9th inst. included were exchanged with the bank and that the balance of the Trustees' cash in the bank on that day amounted to 3519l. 13s. 11d.; and that the sola bills paid in last year that were cancelled and affixed to their cheques amounted to 2667l. The accountant acquainted the board that of the said balance of 3519l. 13s. 11 d., 1333l. stands appropriated for payment of outstanding sola bills, residue of the 4000l. made out, 1920l. 14s. 8 ¼ d. for particular uses, and 265l. 19s. 2 ¾ d. for establishing the colony.
Resolved, that a committee of embarkation be appointed to consider what provisions and tools may be necessary for Georgia for the year 1737 and that any three of the Common Council be a committee for that purpose. Resolved, that Capt. Dunbar's memorial be referred to committee of accounts. Read, a memorial of Mr. Vat desiring a further gratuity; he was acquainted that the Trustees could make him no further allowance. Resolved, that Robert Howes's house be rebuilt as it was before it was burnt down out of the fund for religious uses. Resolved, that when the 20,000l. granted the last session of Parliament shall be received from the exchequer, any five of the Common Council be empowered to draw on the bank for 6288l. 9s. 4 ¼ d. to make good the following demands: 389l. 8s.9 ¼ d.. to be paid over to make good the application of Sir Jacob Bouverie's benefaction; 200l. to answer a bill drawn by Mr. Oglethorpe 27 April 1736 to Paul Jenys & Co. not yet come to hand; 100l. for a bill drawn by Mr. Oglethorpe 20 September 1736 to Capt. Macpherson payable 7 July 1737; 100/. for a credit on Caleb Davis at St. Augustine in October 1736 not yet drawn for; 105l. 3s. 11 d. paid by Mr. Verelst for the Trust since 9 June 1737; 1500l. for sola bills paid away by Mr. Causton without Mr. Oglethorpe's endorsement for which the said sum was appropriated by Common Council 29 April 1737; and for the following certified accounts: Samuel Eveleigh, 997l. 6s. 9d.; William Bellinger, 234l. 17s. 3d.; Hugh Bryan, 578l. 2s. 8d ;Col. William Hazard, 69l. 12s.; Samuel Montaigut & Co., 266l. 1s. 8d.; Messrs. Minis & Salomons, 218l. 7s. 5d.; Robert Ellis, 371l. 18l. 11d.; for half year's salary to secretary and accountant due midsummer last, 75l. each; quarter of a year's rent for the house, 7l. 10s.; for 1000l. for sola bills sent for the service of the colony since Lady Day 1737 ordered by the Common Council 21 March 1736/7. 5 pp. [C.O. 5, 690, pp. 89–93.]
July 6.
Palace Court.
384 Minutes of meeting of Trustees for Georgia. Received, receipts from the bank for 10l. 10s. and 4l. 4s. paid in by Dr. Hales. [See No. 372.] Received, same for 20l. paid in by George Wright, the benefaction of a lady for the expenses of Mr. Whitefield and the schoolmaster going to Frederica. Read, a letter of attorney empowering the accountant to receive at the Exchequer the 20,000l. granted by Parliament towards the further settling and securing Georgia. Seal affixed thereto, secretary to countersign. Received of Earl of Egmont, 10l. his subscription for building two churches in Georgia and other religious uses. 2 pp. [C.O. 5,687 pp. 26–27.]
July 6.385 Letter of attorney by Benjamin Martyn to Harman Verelst empowering him to receive 20,000l. from the Treasury granted by Parliament for Georgia. Entry. 1 p. [C.O. 5, 670,p. 311.]
July [6].
London.
386 Memorial of John Ashley, one of the deputies of Horatio Walpole as Surveyor-General of H.M.'s Revenues in America, and late councillor of Barbados, to Council of Trade and Plantations. To remedy the decay of the sugar-trade, the memorialist proposes: (i) liberty to carry produce of British sugar-islands to foreign markets for the reasons set forth in the annexed manuscript entitled 'The Miserable Case of the British Sugar Planters Considered'; (2) an instruction to the governor of Barbados to pass an Act agreeable to the annexed bill to preserve and manure such plantations as are largely indebted and for relief of insolvent debtors; (3) the assembly of Barbados to lower interest on future contracts to a level agreeable to the low price of the staple commodities of the island and the fall of interest in Great Britain. Signed. 1 p. Endorsed, Recd., Read 6 July 1737. Enclosed,
386. i. The Settlement and Insolvency Bill as proposed for Barbados. This is intended to reform the relations between creditors and insolvent debtors and to preserve the plantations of debtors by the appointment of trustees. 10 pp.
386. ii. The Fall of Barbados since the French Edict of 1726 permitting direct exportation from their sugar-plantations; statistically demonstrated by the yield of the 4 ½ per cent, duty in Barbados. 1 p.
386. iii. Advantages attending the proposed debt-law. 8 ½ pp
386. iv. 'The Miserable Case of the British Sugar-Planters Considered', 11 June 1737, by Brittanicus, with statistical appendix. 23 pp. [C.O. 28,25,fos.3–17d, 31–44d.]
July 8.
Annapolis Royal.
387 Lieut.-Governor Lawrence Armstrong to Council of Trade and Plantations. In my letter of 22 November last I laid before you all our Proceedings in relation to the French priest. I acquainted you that a petition of the inhabitants for Mr. St. Poncy's officiating this winter was under the consideration of the board, who finding there was no convenient opportunity to send him away, the winter being set in, were moved as well as myself by the earnest prayers and entreaties of the people and his own submissive behaviour to grant their request with some restrictions as per minute No. 1.
No. 2 will inform you of the misfortune that happened to Lieut. Amhurst, an officer of the regiment and a member of H.M.'s council for this province, whose house was burnt to the ground on 19 April last in spite of all our endeavours to save it. All his clothes, household goods and provisions were consumed, his loss amounting to a considerable sum. You will perceive that this misfortune did not casually happen through the usual neglect of servants but that the house was wilfully set on fire by Isaac Provender, his bound servant, a boy betwixt 10 and 11 years but whose malice and villainy very much exceed his age. He is now a prisoner, and as we have no gaol his confinement grows very troublesome to the garrison. I sent to consult a lawyer in New England how far we could proceed against him as he is within the years of discretion: his answer is marked No. 4. But I am still at a loss what to do with him since the council is not empowered to try for capital crimes nor to inflict condign punishment upon such offenders. They therefore desire that you will lay this affair before H.M. and signify to us his pleasure therein by the first opportunity.
No. 3, the next minute, relates to a villainous robbery perpetrated by a few rascally Indians at Piziquite upon an English sloop belonging to one Stephen Jones, whereof No. 5 is an account. I have sent circular letters to all the Indians of the province to require them to make him restitution as they have engaged to do by the last treaty of peace. I have likewise wrote to the deputies of Minas (fn. 1) and Piziquite agreeable to the foresaid minute which I hope you will approve of. Since the robbery was committed within their precincts I think it is but reasonable that they should make satisfaction to the merchant for his losses. Pursuant to H.M.'s intentions signified in your letter of 18 February 1736/7 such of H.M.'s five eldest councillors as are resident in this province are now embarking to meet the commissioners of the other provinces at Hampton in order to settle the boundaries betwixt Massachusetts and New Hampshire. Signed. 3 pp. Endorsed, Recd. 17 September, Read 21 September 1737. Enclosed,
387. i. Affidavit of Stephen Jones, master of Friend's Adventure, sworn 18 June 1737. While trading in the river of Piziquite in Nova Scotia on 1st inst. his ship was boarded by 6 or 7 Indians and plundered to the value of 70l. or more. Having escaped, he met M. Manfils the priest of Piziquite and about 20 of the inhabitants, all unarmed, and begged them to assist him. They went with him but they seemed rather to joke and trifle with the Indians than to assist him. Copy, certified by Otho Hamilton, secretary, 3 ½ pp. Endorsed, as covering letter.
387. ii. Abstract of minutes of council of Nova Scotia held at Annapolis Royal, 20 April 1737, concerning fire at Lieut. Amhurst's house. Copy, certified as preceding. 7 pp. Endorsed, as covering letter.
387. iii. Opinion of William Shirley, a New England lawyer, on the case of the burning of Lieut. Amhurst's house by his servant. Boston, 20 June 1737. Copy. 2 pp. Endorsed, as covering letter. [C.O. 217,8,fos. 10–19d.]
July 8.
Annapolis Royal.
388 Lieut.-Governor Lawrence Armstrong to Duke of Newcastle. [In substance same as preceding but without last sentence.] Signed. 3 pp. Enclosed,
388.i.Copy of No387 ii.6 ½ pp
388. ii. Abstract of minutes of council of Nova Scotia held at Annapolis Royal, 10 June 1737, relating to robbery at Piziquite. Signed, Otho Hamilton, secretary; L. Armstrong. 4 pp.
388. iii. Copy of No. 387 iii. 2 pp.
388. iv. Copy of No. 387 i. 3 ½ pp. [C.O. 217, 39, fos. 175–180d; C.O. 217, 31,fos.. 117–118d, 125–128d for enclosures ii-iv.]
[July 8.]389 Accounts of Jeremiah Allen, treasurer and receiver-general of H.M/s revenues in Massachusetts, 28 May 1735–18 June 1736. Payments and disbursements: 37,726l. 7s. 9d. Outstanding on 18 June 1736, of taxes: 69,306l. 14s. 10d. Remaining in treasurer's hands, in bills: 31,251l. 2s. 10d. Passed the house of representatives, 28 December 1736; passed the council, 29 December 1736. Signatories, J. Quincy, speaker, Simon Frost, deputy secretary, J. Belcher. Copy, certified by J. Willard, secretary. 25 pp. Endorsed, Recd., Read 8 July 1737. [C.O. 5, 879, fos. 174–185d.]
July 9.
Inverness.
390 Archibald MacBean to Harman Verelst. Capt. Thomson wrote you this day sennight when I was at a fair in Tain 18 miles north of this, to which refer. I have got now on board for the Trustees 33 servants and ashore 10 more. Besides I run a good chance next week in the two principal fairs that stand in this and another place four miles distance from it to make several servants and if possible a piper or two; and will report my success by next post when I shall transmit an account of my charges in levying the whole. Signed, A.M.B. 1 small p. [C.O. 5, 639, fos. 317–318.]
July 11.
St. Christopher s.
391 Governor William Mathew to Duke of Newcastle. I did not receive till yesterday by way of Montserrat your commands of 30 April last and I am great concern for having so justly incurred H.M.'s displeasure that I beg you will excuse what may be amiss in this, the ship sailing this day or at furthest tomorrow giving me no time to recover myself from the disquiet I am now under; and yet my ready obedience will not permit my letting this opportunity slip of immediately begging your intercession on my behalf to obtain my being restored to his royal favour which I can pray for only on the merit of a hearty sorrow for what is past and a steady resolution by my future exact obedience and diligence to do my best to deserve his gracious pardon.
It is impossible for me by this opportunity to send you an exact list of all the French seizures, but I am dispatching a vessel to the other islands for the accounts I want from the several registers of the Admiralty to enable me to send to you a complete one, and with it an account of all the transactions you order my sending and the names and values of these vessels and their cargoes. Not a minute shall be lost in my obeying this command. My own concern with the Fleuron and her cargo is that with the consent of the agent for the freighters, her lading being chiefly sugar (which is a perishable commodity), it was all shipped by Thomas Kerby of Antigua to Mr. William Gerrish of London, merchant, and by him to Rotterdam; but what it sold for I have no account as yet and the whole shall remain entire for H.M.'s orders. The ship itself lay several months at my expense in Antigua: I thought it best to sell her, and she was sold at public outcry. Yet at last I was forced to take her myself and the expense of keeping her increasing upon me daily, I chose to get her a lading and send her to London; and if she got there safe she or her value shall also be wholly at H.M.'s disposal. And lest she might miscarry I ordered her being insured. In every part where I have been concerned H.M.'s will shall be my sole direction.
I heartily lament the errors of my judgment which misled me to think sending accounts of all these proceedings to be laid before you as need should be by my agents was doing my duty. But I now see my fault, that I ought to have accounted directly for them to you as I with utmost speed will do. I will make no delay in getting the produce of all seizures secured to be ready to be restored as H.M. shall direct. One-third of every one seized by the Montserrat Act (except the Fleuron) was paid into the treasury of that island, and there it shall be safely kept. What the captors had for their shares I will do my best to secure there. I think I may with truth, without waiting for accounts from other islands, inform you that no seizures have been made of foreign vessels other than French. The bond for the Fortune I had no intention in taking but to bring the French to see the unreasonableness of their edict. It shall be delivered on H.M.'s first signification of his pleasure. The daily objects I had before me complaining of French cruelties overcame my reason and judgment, for had either been right with me I had never broke through an instruction to pass a law, though in my own apprehension ever so salutary or necessary. I entreat you to believe my intention was for H.M.'s service and the welfare of his people here in preventing illegal trade though I so inconsiderately and indiscreetly endeavoured by an improper method to effect it.
However guilty I have been in giving my assent to this law, I pray I may not be answerable for any erroneous judgments given in the Court of Admiralty and which cannot be justified even by that law. I never was present on the island or interposed, nor am I chargeable with giving any directions or otherwise endeavouring to influence the judge in his sentences against the defendant. But when any seizure was made the claimant or defendant had full liberty of defence by his counsel as he pleased and might have appealed to any superior court. I observe from the representations of the Council of Trade and Plantations to H.M. that if that judge of the Admiralty in Montserrat had distinguished rightly the force and meaning of the two laws in question there would have been few or none of these condemnations of French or Dutch cargoes, consequently the occasion of this complaint against me greatly prevented. The weakness of the judge, who was so many years ago, or ill defence of the claimants will not be imputed I hope to me as my crime. I shall be very resigned under anything I shall suffer for my indiscretions if I can but at last be restored to H.M.'s favour, for which I again beg your kind intercession; and this I will hope for if you in great goodness will vouchsafe to continue your protection. Signed, 6 small pp. Endorsed, Reed. 7 September. [C.O. 152, 44, fos. 116–121d.]
July 11.
Boston.
392 Governor Jonathan Belcher to Council of Trade and Plantations. I wrote to you on 14 June, since which I have prorogued the assembly Of this province to 4th of the next month, after their having passed the usual bills for raising the necessary revenue in support of H.M.'s government as well as several other bills of a public and private nature, all which will be duly transmitted to you by H.M.'s secretary of the province. The assembly would by no means be prevailed on to give any further pay or subsistence to the fort at Pemaquid and this they declined for the reasons you will find in their journal herewith. Indeed it was a dishonour to H.M. to have it called a fort, the dwelling-house and barracks being encompassed only with a loose stone wall, little better than what is commonly made round a sheep pasture, and even that is almost wholly tumbled down. To Fort George at Brunswick in Kennebec River they have voted pay only for a sergeant and six men (which had before a captain and fifteen men); and to Fort Richmond in same river only a captain and ten men (which had before twenty men). Everything looking so much like a general peace, the assembly are desirous to lessen their public charge, and when they established the fort at Pemaquid it was for three years, which expired in November last. The governor has indeed the power of erecting and demolishing forts etc. by the charter, but if the assembly will not pay and subsist the men the forts must necessarily drop. I am glad that this assembly (as well as the last) are so well inclined to bring their bills of credit to a better value, which, when thoroughly effected, will be attended with happy consequences to the trade of Great Britain as well as to H.M.'s subjects of this province. But the emissions of bills made for above 20 years past have been a downright fraud to all persons that have been obliged to take them in pay.
I think myself obliged in duty to H.M., who has honoured me with his royal commission to be his governor and captain-general of his provinces of Massachusetts Bay and of New Hampshire and is pleased in his instructions to style me the representative of his royal person, to address myself to you on the method or channel into which the affair of the settlement of the line between this province and New Hampshire is directed, I mean as to the sending of the commission to Mr. Rindge, a pretended agent for New Hampshire though he never was anything more than an agent for the house of representatives only. I have received letters from several of the governors of the neighbouring provinces, from whence the commissioners are to come, to desire I would acquaint them so soon as I should receive H.M.'s commission appointing the commissioners in this affair; to which I have been obliged to reply that I have not seen the commission to this day although I have been informed it is in Mr. Rindge's hands. It lay (as I was told) several days in this town and then was sent to New Hampshire; but it not being possible for me to gain any knowledge of its being arrived or when it might arrive, I prorogued the general assembly of this province to 4 August by advice of H.M.'s council, so that if the commissioners meet on 1 August the demands and pretensions on the side of this province cannot be laid before them, though they may be in some days after. But had the commission been sent to me immediately (as I doubt not you will think it ought), it had come in season for my conducting the matter exactly in time as to the sitting of the assemblies of both provinces. Should any of H.M.'s affairs properly belonging to the cognizance of your Board be directed to some mean and inferior person to give him the respect in preference to you of the first knowledge of them and so to be conveyed to you, it would certainly be thought a great indignity offered to the character of your Board. I think all the king's officers and servants must enjoy their just authority and honour, otherwise the king's power and honour will of consequence be trampled upon and H.M.'s service with the welfare of his people will be exposed to great inconveniences. I have been larger to you in this representation as depending the matter has been managed in the manner it has by some of the servants of your office entirely without your knowledge, who I am sure would not have suffered the doing of a thing that so militates with all the good rules and orders of government and is of a piece with what I complained of to you in mine of 10 May past respecting some packets directed to me from you. Signed. 8 small pp. Endorsed, Recd. 22 August, Read 24 August 1737. [C.O. 5, 880,fos. 17–21d.]
July 11.
Boston.
393 Same to Duke of Newcastle. [In substance same as No. 392.] Signed. 8 small pp Endorsed, Recd. 28 August. [C.O. 5, 899,fos. 270–273d.]
[July 12 (O.S.).]
July 23 (N.S)
Krefeld.
394 John Mathias Kramer to Harman Verelst. Your letter of 24 June leaving me so little hopes that the Trustees would augment the number of the 60 servants that they rather previously advised me not to solicit further about them, I (having first left orders with a friend to take care of such persons as might remain behind after the departure of the ships for Philadelphia and to dispose them to a voyage to Georgia) came here on affairs of my own. Since my arrival here I received yours of 1 July in which you desire to know what number of persons I have if the Trustees should extend my instructions to 100 and the rest could be completed at the expense of Messrs. Hoops. To this I answer that the ships were not departed for Philadelphia when I left Rotterdam and consequently I could not know what number of persons remained behind though I expect an account of it from my friend every post. But I very much doubt whether Messrs. Hoops will take a sufficient number to complete a ship's loading at their expense. I shall therefore expect the sooner the better the positive resolution of the Trustees what number of persons they are willing to transport to Georgia because delays may be dangerous and these poor people, not having wherewithal to subsist in Holland long, will be obliged to return to Germany. As soon as I receive this I will return immediately to Rotterdam and endeavour to get together such a number of persons. But it will be necessary that you assign me money for my expenses without which nothing can be done. German. Signed. PS. Send to me by Mr. Dupre, a merchant in Lawrence Pountney Lane, London, who has dealings in Krefeld, or by way of Rotterdam. 3 pp. Seal. [C.O. 5, 639, fos. 311– 312d; English translation at fo. 314, 314d.]
July 12.
Jamaica.
395 President John Gregory to Council of Trade and Plantations. Mr. William Needham who was appointed of the council very lately showed me his privy seal and desired leave to resign it. It was obtained without any application from him; and as he has been very long speaker of the assembly and given satisfaction in that post, he chooses to continue in it. Besides he had the offer of a councillor's place in the Duke of Portland's time; as he then refused it and is a gentleman advanced in years, he is better satisfied as he is than to come in youngest at the board where he might have had earlier pretensions. I have been lately obliged to require the attendance of the four absent councillors, being put to great difficulty to make a quorum by the sickness and great distance of some of the members. (The number consists of the six following, Mr. Campbell who lives at 100 miles distance, Mr. Mill who is very sickly and infirm, Mr. Hals, Mr. Concanen, Mr. Philp, Mr. Garbrand.) Those four gentlemen not having attended pursuant to the summons, the board advised me to give them a further day and then suspend them if they do not come. H.M.'s instruction is not to suspend without the consent of seven of the council: but as that is impossible in the present case, there being but six, I hope I shall not be thought guilty of a breach of the intention of the instruction in following their advice. I shall not attempt it but upon the greatest necessity, and I assure you (without giving myself any airs) I shall be glad to be freed from that difficulty by the coming of Mr. Trelawny who has outstayed both my expectation and inclination. Signed. PS. You will observe in the last minutes of the council the steps I have taken in relation to the gentlemen who have withdrawn their attendance. I enclose the deposition of a caption made by the Spaniards of one of our vessels, 1 p. Endorsed, Recd. 4 October, Read 5 October 1737. Enclosed,
395. i. Affidavit sworn before Samuel Dicker at Kingston, Jamaica, 7 July 1737, by John Curtis, late commander of the St James of about 100 tons belonging to Bristol and bound from Bristol to Cork and Jamaica, George Reynolds, boatswain, Silvester Plummer, Josia Gyles, James Painter, Richard Witts and Robert Durnell, sailors, all of the said ship, of which the owner was Michael Atkins of Bristol, merchant. They sailed from Cork for Jamaica about 9 March last. In the longitude of Porto Rico and about 20 leagues south thereof and in latitude 16° 50" north, on 12 May a 16-gun sloop with upwards of 60 men under Spanish colours came up. They were afterwards informed the name of the ship was Crusier and the commander a mulatto, Domonick Sanches. The St James was fired on and struck her colours, was boarded, and carried to a bay at the west end of Porto Rico where she was detained about ten days; in that time part of her cargo was plundered and the ship's papers seized. On order of the governor, the St. James was then removed to the city of San Juan where the remainder of her cargo was taken out. Capt. Curtis sought satisfaction of the governor but could get none. Part of the provisions of the St. James was put aboard a 50-ton Spanish royal ship, the San Juan. Deponents escaped privately in the night and got to Jamaica. They had not traded anywhere on the Spanish coast nor had any such intention nor had they sailed within 15 leagues of any Spanish coast. Signed. Witnessed, by Isaac Haig, John Searle, Joseph Love. Certified, by William Foster, notary public, that Samuel Dicker before whom the foregoing was sworn is one of the judges of this island. 4 pp. [C.O. 137, 22, fos. 142–144d; duplicate of letter at fo. 145, 145d.]
July 13.
Palace Court.
396 Minutes of meeting of Trustees for Georgia. Received, a receipt from the bank for 10l. paid in by Earl of Egmont. [See No. 384.] Received, same for 10l 10s paid by. Philip Percival received by him from Thomas Morse. [See Nos. 290 and 316.] Received by Rev. George Watts of Lincoln's Inn, 5l. 5s. benefaction of a person who desires to be unknown for general purposes. Ordered, that the secretary and accountant make an extract out of the books belonging to the office of all orders and instructions sent to Georgia to which no returns appear to have been made to the Trust; and that a copy of the said orders and instructions be delivered to William Stephens, secretary for the Trust in Georgia, with an instruction that he enquire into the reasons why no returns have been made and inform the Trustees of the same with all convenient speed after his arrival there. Mr. Vernon laid before the board Mr. De Reck's letter of 28 June 1737 [see No. 369]. Ordered, that a letter be sent to Mr. De Reck to acquaint him that the Trustees do not propose to subsist any people in the colony who do not intend to cultivate land and desiring him to let the Trustees know whether he intends to return to Georgia and to inform him that the grant of land made him 7 October 1735 will be vacated if he does not return within six months. Received, a receipt from the bank for 20,000l. received by the accountant at the Exchequer being so much granted by Parliament for the further securing and settling Georgia, vizt. net money arising from the said issue, 19,492l. 9s. 6d.; various fees remitted, 507l. 10l. 6d. 2 ½ pp. [C.O. 5, 687, pp. 28–30.]
July 13.397 Lieut.-Governor Thomas Broughton to Council of Trade and Plantations certifying that the five following affidavits (fn. 2) were taken before him in the council and that Thomas Dale is a J.P. in Berkley county, South Carolina. Signed, John Hammerton, secretary, Thomas Broughton. 1 large p. Enclosed,
397. i. Affidavit of Richard Wigg, late of Charleston, merchant, sworn before Thomas Dale, 25 June 1737. In February 1734/5 Chaloner Jackson sent deponent two bales of woollen goods. These were appraised on 11 February and sworn before a J.P. to be worth 123l. 2s. Carolina money, at that time equal to 17l. 11s. 8 ½ d. sterling. Signed, Richard Wigg, Thomas Dale. ½ p.
397. ii. Affidavit of John Walker late of Providence in the Bahamas, mariner, sworn before Thomas Dale, 16 June 1737. He and his brother Charles in passage from South Carolina to Jamaica in November 1734 put in to Providence. They were ordered to go before the governor. When they did not the governor sent a sloop with soldiers for them but they escaped. They understand the governor thereupon proclaimed them pirates. Deponent's land and house in Providence have been seized and sold by the governor and the money converted to his own use. Signed, John Walker, Thomas Dale. 1 p.
397. iii. Affidavit of Charles Jacob Pichard late of Providence, shopkeeper, sworn before Thomas Dale, 14 June 1737. He was wrongfully arrested by Governor Fitzwilliam on suspicion of harbouring Watson, a deserter from the garrison. The governor has compelled the inhabitants to build him two lime kilns for which he has not paid. He keeps a shop in Nassau and awes the inhabitants from dealing elsewhere than with him. Deponent was refused permission to leave the island until he had paid 40 pieces-of-eight to the governor which he was alleged to owe to John Colebrooke; the sum he owed was really 15 7/8 pieces-of-eight and the governor had no authority to demand the money. The governor obliges the soldiers belonging to the independent company to perform very hard labour for his own private use without satisfaction and compels them to take goods they do not want at a very extravagant price for their pay. Signed, Jacob Pichard, Thomas Dale. 1 ½ large pp.
397. iv. Affidavit of Samuel Eveleigh of Charleston, merchant, sworn before Thomas Dale, 14 June 1737. Deponent has resided in Charleston nearly 34 years and carried on a considerable trade to Providence. He has heard many accounts of the barbarous treatment of the soldiers by the governor and of the frauds practised on them, particularly from Mr. Sherley, late attorney-general of Providence and now residing in North Carolina. Excessive port duties have been charged. The inhabitants are too frightened to complain and are, deponent is informed, now being persuaded to sign a false paper in favour of the governor. Signed, Samuel Eveleigh, Thomas Dale, 1 large p.
397. v. Affidavit of Henry Mathews, late of Providence, cooper, sworn in council before Thomas Broughton, 30 June 1737. Governor Fitzwilliam bought some flour of Thomas Petty and Peter Goudet to send to Havana; some difference arising between them the governor prosecuted Petty and his security, Samuel Lawford, on a plantation bond. While the cause was at issue the governor removed Nicholas Rowland, chief justice, and put in his place James Scott. The governor being indebted to deponent paid the debt in overvalued cloth. It is publicly declared at Providence that the governor struck Chaloner Jackson several times because Jackson would not give a certificate for some goods of the governor's. Jackson was arrested and his negroes sold publicly for less than their value and were bought for the governor's use. Deponent has seen a proclamation that debts owed to Jackson should be paid to Edward Knight, provost marshal. This, together with other ill treatment by the governor, shortened Mrs. Jackson's days. Deponent has often heard the soldiers complain of hard and barbarous usage by the governor; one John Hogg, a soldier, drowned himself. On 17 March 1735/6 42 soldiers mutinied and got away from the island in a vessel, but were captured; they were all sentenced to death for piracy, 12 being hanged. A French sailor who, according to the soldiers' evidence, had been forced to help them to navigate the sloop they intended to sail in was most barbarously executed. It was the general complaint of the inhabitants that the arbitrary and illegal administration of the governor would drive the greater part of them to some other colony. Signed, Henry Mathews, Thomas Broughton. 1 ½ large pp.
397. vi. Affidavit of Abraham Astin, late of Providence, blacksmith, sworn as preceding, 30 June 1737. The governor engrosses cargoes coming to the island. James Scott began a suit against Samuel Lawford and Thomas Petty on a plantation bond. While the case was being heard Mr. Rowland, the chief justice, was removed and the said Scott put in his place. When Lawford objected to Scott as chief justice, he being prosecutor in that cause, he (Lawford) was fined and committed to prison for contempt of court. Regarding Chaloner Jackson's treatment, the treatment of the soldiers and the barbarous execution of the Frenchman, this affidavit substantially agrees with preceding. Deponent was not paid for work he did for the governor who arbitrarily took from him his working tools so that he was obliged to leave the island. Signed, Abraham Astin, Thomas Broughton. 1 ½ large pp
397. vii. Affidavit of Thomas Allan, late surgeon of H.M.S. Shark, now surgeon of H.M.S. Rose on South Carolina station, sworn as preceding, 4 July 1737. On 21 October 1734 he treated Chaloner Jackson for severe wounds which Jackson said (and deponent believes) were caused by Governor Fitzwilliam. Signed, Thomas Allan, Thomas Broughton. 1 p.
397. viii. Affidavit of Thomas Wright of Charleston, merchant, sworn as preceding, 4 July 1737. Deponent was at Providence in September 1734 when he heard a great clamour of the inhabitants against Governor Fitzwilliam for interference in elections to the assembly. The soldiers told him they were ill treated and starving. The governor then engaged in trade to Havana and tried to sell naval stores there, though unsuccessfully. The governor was plaintiff in many actions in the Court of Common Pleas; if the jury did not find a verdict agreeable to him the case was brought before him as chancellor on appeal and heavy costs given against the defendants. The prosecution against Samuel Lawford and Thomas Petty on a bond for enumerated goods was carried on despite written evidence from Customs officers in London that the condition of the bond had been complied with. James Scott was prosecutor, informer and chief judge in this case. He is also speaker of the assembly, naval officer, secretary of the island, searcher of the port and the governor's shopkeeper. At the beginning of November 1734 the governor told deponent that he had well beaten Chaloner Jackson a few days before for pinching his hat at him and looking impertinently in his face or words to that effect. Signed, Thomas Wright, Thomas Broughton. 1 large p.
397. ix. Affidavit of Richard Thompson of New Providence, pilot of H.M.S. Shark, sworn as preceding, 13 July 1737. Deponent tried to obtain from Governor Fitzwilliam a certificate that his father was entitled to a salary as president of the council between Governor Rogers's death on 15 July 1732 and 9 June 1733. This, the governor refused to give. When deponent disposed of the salary the governor flew in a great passion and made threats, as deponent is informed. Signed, Richard Thompson, Thomas Broughton. 1 large p. Endorsed, These papers were all under the seal of South Carolina but that seal was taken off for the convenience of binding, 8 May 1738. Reed. 20 January, Read 23 January 1737/8. [C.O. 23, 4,fos. 22–31d.]
July 13.
Love Lane.
398 Thomas Hyem to Harman Verelst, sending instructions for planting and tending caper plants just received from Marseilles. They may go with the box of plants, and if no ship is likely to go for Georgia soon I think they should be sent via Carolina per Capt. Shubrick. [The instructions are given in detail] Signed. 1 p. [C.O. 5, 639,fo 320, 320d.]
July 13.
Georgia Office.
399 Benjamin Martyn to Philip George Frederick von Reck. In reply to your letter to James Vernon of 28 June (N.S.) 1737, the Trustees have ordered me to acquaint you that it is an established rule with them to subsist none who do not intend to cultivate lands for their own subsistence. They therefore desire to know whether you intend to return to Georgia, because if you do not within six months the grant of land made to you on 7 October 1735 will be vacated. Entry. ½ p. [C.O. 5,667, fo. 24d.]
July 13.
Whitehall.
400 Alured Popple to Francis Fane, enclosing an Act passed in Virginia in September 1736 to dock the entail of certain lands whereof Lewis Burwell is seised, and desiring his opinion thereon in point of law. Entry. ½ p. [C.O. 5, 1366,p. 146.]
[July 13.]401 Petition of David Dunbar to Council of Trade and Plantations. In six ears as lieut.-governor of New Hampshire (four years residing there) petitioner has been refused any power by the governor except in minor matters; the king's fort has been shut against him; councils have been called without notice given to him; he has received no salary; the king's orders have been disobeyed; there has been great delay in justice; the assemblies have not been suffered to do business; the public seal was refused to petitioner by the secretary; the records of council and court of appeals were destroyed by fire in the secretary's house; the militia was neglected. The governor has called Acts of Parliament iniquitous and intercepted petitioner's private letters. Prays for relief. Signed. 2 pp. Endorsed, Recd., Read 13 July 1737. [C.O. 5, 880,fos. 8, 8d, 11, 11d.]
[July 13.]402 Memorial of David Dunbar, surveyor-general of H.M.'s woods in America, to Council of Trade and Plantations, complaining of obstructions in the performance of his office. Governor Belcher countenances the destruction of woods and protects offenders. Memorialist was commanded to lay out 300,000 acres of woodland in Nova Scotia for the use of the Navy; what he laid out happened to be in the Massachusetts charter and therefore not in H.M.'s disposal. But as the boundary between Massachusetts and New Hampshire is now near being settled memorialist acquaints the Council that a large tract of land now deemed part of the county of York, whereon grow many large white pine trees, will then fall into New Hampshire if the line from Newichawannock river be settled as is understood by the charter, and may then be reserved for the Navy. Wherefore memorialist proposes that orders be sent to the governor of New Hampshire not to make any grant of land within that province until the report of the boundary commissioners is approved by H.M., and to the governor of Massachusetts not to consent to grants of land near the place of controversy between the two provinces nor to any act for settling grants made since the dispute has been lately revived. Signed, 1 p. Endorsed, Recd., Read 13 July 1737. [C.O. 323, 10, fos. 112,112d, 115, 115d.]
[July 13.]403 Memorial of David Dunbar in behalf of himself and Samuel Waldo of Boston in New England, merchant, and a great many of H.M.'s Protestant subjects from Ireland now in New England, to the Council of Trade and Plantations. Memorialist with above 300 people settled under the encouragement of H.M.'s government in lands between the rivers Kennebec and St. Croix then deemed in the westernmost part of Nova Scotia. Six towns were settled, called Frederick Fort, Newcastle, Walpole, Townshend, Harrington and Torrington. Subsequently the government of the settlement was claimed by and awarded to the governor of Massachusetts, and under this and other discouragements the greater part of the settlers abandoned the place. Another settlement made eight leagues further east was abandoned through hostility of the Indians. Prays that the Council will remove the obstacles to this settlement. Signed, David Dunbar. 2 pp. Endorsed, Recd., Read 13 July 1737. [C.O. 5, 880, fos. 5–6d.]
July 14.
Charleston.
404 Certificate by Lieut.-Governor Thomas Broughton that the following are duly attested copies. Signed. 1 p. Enclosed,
404. i. Representation to the King by Robert Wright, Chief Justice and Chief Baron of South Carolina, John Hammerton, Secretary and Receiver-General, James St. John, Surveyor-General, Deputy Auditor, Comptroller and Inspector of H.M.'s Revenues, and James Wright, Attorney-General. Following the constitution of a Court of Exchequer in this province and the issue of writs of venire facias to the provost marshal, the jury summoned to attend the court absolutely refused to serve. Whereupon a bill was prepared, defining the power and jurisdiction of the court; this was approved by the governor and council, but the lower house of assembly, after a long time without any notice, have ordered it to lie on the table. Such proceedings are highly prejudicial to H.M.'s revenues. Copies of relevant documents are enclosed. Signed, Robert Wright, J. Hammerton, James St. John, James Wright. 2 large pp. Endorsed, Read 19 October 1738.
404. ii. Commission by Governor Robert Johnson to Robert Wright, 23 November 1732, appointing him Chief Baron of the Court of Exchequer in South Carolina. Copy, certified by J. Hammerton and James Michie, Deputy Secretary. 1 large p.
404. iii. Commission out of the Court of Exchequer of South Carolina to James Wright, Attorney-General, to enquire into the lands of John Dutartre, felon, 25 June 1736. Copy, certified by James Wright. 1 ½ large pp.
404. iv. Return by James Wright to the above commission, certifying that twelve jurors were summoned to attend the enquiry, whereof two did not attend and of the ten who appeared nine refused to serve. 12 October 1736. Copy, certified as preceding. 2 large pp.
404. v. Bill for limiting the power and jurisdiction of the Court of Exchequer of South Carolina and for settling the procedure thereof. Copy, certified as preceding. 5 ½ large pp.
404. vi. Message from Council of South Carolina desiring the Commons House of Assembly to give dispatch to the above bill. 25 February 1736/7. Copy, certified by J. Badenhop, Clerk to the Council. Signatory, Arthur Middleton. ½ p.
404. vii. Message from same to same to the same purpose, 2 March 1736/7. Copy, certified by Isaac Amyard, Deputy Clerk. Signatory, Alexander Skene. 1 p. [C.O. 5, 366, fos. 131–147d 152, 152d.]
July 15.
Inverness.
405 John Hossack to Harman Verelst. Since my last to you I have received yours of 21 May accompanying Capt. Thomson, 18 and 25 June, and 1st current As Capt. Thomson advised his arrival on 21st past it was not necessary for me to have done it: he lost no time in raising his ship's deck and preparing conveniences for his passengers, how many there shall be cannot yet be concluded. The friends of John Mackintosh of Leniwilg upon the river Altamaha are advised that he is much distressed by the death of the servants he carried over and his inability to purchase any in Georgia. They have therefore provided two or three to be sent him but doubt they can be useful to him if he must pay for their passage. And as they have solicited me for this end, pray represent the gentleman's condition to the Trustees, particularly to Mr. Oglethorpe to whom he may be known, that they may give direction therein. Signed. 1 small pp. [C.O. 5, 639, fos. 322–323d.]
July 15.
Charleston.
406 Lieut.-Governor Thomas Broughton to Council of Trade and Plantations acknowledging letter of 10 December from Mr. Popple, concerning grants of land between the Altamaha river and the northern boundary of Spanish Florida. [See Cal. S.P. Col. 1735–36, No. 484.] In answer to which, I beg to inform you that if any application had been made to me for land in that district, I should not have granted it, though I had not received your commands thereon, to which I shall always pay the greatest deference and respect. I received about the end of March last advices that the French designed to attack the Chickasaws again in April with a body of about 4000 whites and Indians. Such a force I apprehend might possibly be an overmatch for those Indians, and should the French destroy them or drive them out of their possessions it must inevitably be of very ill consequence to these parts of H.M.'s dominions. I therefore sent an account of this news by express to the traders in that nation, that they might inform those Indians thereof and advise them to be on their guard, which they seem to be determined upon. But by later advices I hear the French have laid aside that undertaking till the fall, expecting that then they shall meet with the corn planted by the Chickasaws to support their men. Your orders in relation to Mr. Jackson shall be obeyed, and nothing keeps me in town this sickly and violent hot season but the examining the evidences he shall bring before me; and a testimonial shall be annexed to the depositions under the seal of the province as usual on such occasions. The apprehensions we have been under for some months past of the Spaniards' designs on Georgia being now over, all the forces raised and kept in pay by this province to be in a readiness to assist that colony in case of need are now discharged. Signed. 3 small pp. Endorsed, Recd. 20 September, Read 21 September 1737. [C.O. 5, 366, fos. 18–19d.]
July 15.
Charleston.
407 Same to Duke of Newcastle. Notwithstanding the apprehensions we have been under for some months past of the Spaniards' designs on the colony of Georgia last spring are now over and all the forces raised and kept in pay by this province to be in a readiness to assist that colony in case of need are discharged, we are going on with all possible application and dispatch in repairing the old and finishing the new fortifications erected on that occasion. A new battery has been raised in such a situation as to command the entrance of Ashley and Cooper river, which when completed will mount 39 guns; and Johnson's Fort which is about four miles below Charleston is repairing and will be of great service in case of attempts from an enemy. I will as soon as possible send you a regular plan of all the fortifications which will give you a more perfect idea of the usefulness of them than anything I can write on that matter, which should have been done before now had the past emergency permitted. When you have perused the intended plan I question not but you will be convinced that this province cannot bear the burthen of a yearly expense for keeping a sufficient number of men in pay, provisions and other incident charges which must necessarily arise on that service and therefore hope you will continue to show your good and generous disposition for the prosperity and welfare of the province in using your powerful interest with H.M. that an independent company may be sent over to be distributed in the several fortifications. Signed. 2 small pp. Endorsed, Recd. 24 September. [C.O. 5, 388,fo 162, 162d]
July 18.
St. Christopher's.
408 Governor William Mathew to Alured Popple. I have delivered to July 18. Capt. Griffiths to be forwarded to you a box containing duplicates of the Nevis Negro and Quarantine Acts, the originals went 5th inst. in Capt. Tobin recommended to the care of Capt. Sommers. Duplicate minutes of council of Montserrat to 25 June last are enclosed, the originals went also by Tobin. I also send minutes of assembly of Montserrat for quarter ending 25 June last. The Spaniards have begun again their depredations and cruelties within this government from Porto Rico, as by the enclosed affidavit of John Harris which I desire you will present to their lordships with the other papers. I am honoured with H.M.'s commands from the Duke of Newcastle and their lordships' two reports on the French and Dutch memorials: I find my friends had taken a false alarm in imagining that relating to the Dutch was less favourable to me than the other. I think myself under the greatest obligations to their lordships for both, as I find my fault represented without the character severe justice might have given it. My not accounting directly to their lordships but only instructing my friends in all these matters I find now with sorrow was justly blameable. I shall hardly trespass that way again. Signed. 2 small pp. Endorsed, Recd. 29 August, Read 31 August 1737. Enclosed,
408. i. Affidavit of John Harris, senior, of St. Christopher's, sworn before the governor in St. Christopher's, 11 July 1737. Being at Crab Island with his schooner the Hopewell lading with fustick, deponent's ship was seized by a Spanish privateer. Deponent and crew travelled to another part of Crab Island to await rescue. On 18 June a Spanish periagua landed there and sent a party ashore which attacked and severely used deponent and his crew, who were left for eight days in great extremity. Then an English ship took them off and brought them to Spanish Town. Deponent's son was shot in the back by the Spaniards and continues dangerously ill. The lieutenant of the periagua told deponent there were two ships at Porto Rico to execute the driving the Danes off Sta. Cruz, for which purpose there were 300 cowkillers, 200 negroes, 18 pilots and 2500 other Spaniards already mustered and provisions ready, the whole armament to consist of three large ships and six sloops. Copy, examined by William Mathew. 1 ¼ pp. Endorsed, as covering letter. [C.O. 152, 23,fo. 41–44d.]
July 20.
Whitehall.
409 Council of Trade and Plantations to Duke of Newcastle. In obedience to the king's commands signified in your letter of 8th inst. to consider whether some new agreement might be made with France for preventing contraband trade in America, we have already tried to show by our representations of 21 April and 30 June last that the French proposals were chiefly to the French advantage. We cannot recommend any scheme that can more effectually prevent the contraband trade than a due observation of the Treaty of Neutrality of 1686 with a specification of what shall be deemed sufficient proof of illegal trade. Entry. Signatories, Monson, Thomas Pelham, R. Plumer. 2 pp. [C.O. 153, 16, fo. 62, 62d; original in C.O. 5, fos. 142–144d.]
July 20.
Whitehall.
410 Same to same, enclosing the following. As we have already laid this whole complaint before you, we shall not trouble you further than to desire you would receive H.M.'s directions thereon. Signed, R. Plumer, Monson, T. Pelham. 1 p. Enclosed,
410. i. Petition of Lieut.-Governor David Dunbar to Council of Trade and Plantations. Copy, of No. 401. 4 ½ pp. [C.O. 5, 752, fos. 300–305d; entry of covering letter in C.O. 5, 917, fos. 100d, 101; draft of same in C.O. 5, 897, fos. 147–148d.]
July 20.
Palace Court.
411 Minutes of meeting of Trustees for Georgia. Received, a receipt from the bank for 5l. 5s. by Mr. Watts paid in at the last board. Received, a box of caper plants from Marseilles the benefaction of Thomas Hyem. Received of Robert Eyre, 10l. his subscription for building two churches in Georgia and other religious uses. Received of James Vernon, 100l. the subscription of a person who desires to remain unknown for the same purposes. Received of James Vernon, 10l. his subscription for the same purposes. 1 p. [C.O. 5, 687,p. 31.]
[July 20.]412 Second memorial of John Ashley to Council of Trade and Plantations. he following are the heads of what is desired for Barbados. (1) Direct exportation to foreign markets, subject to the limitations proposed in petition to Parliament in 1735. (2) Bill for relief of encumbered planters. (3) Reduction in rate of interest in Barbados to 6 per cent. It is now 10 per cent, on old debts and 8 per cent, on debts since 1729. It may be alleged that the lowering of interest may be done by the inhabitants without any such recommendation. But the prevailing interest of a few dealers in money may probably prevent it. 1 p. Endorsed, Mr. Ashley's second memorial. Recd., Read 20 July 1737. Enclosed,
412. i. Some Observations on a Direct Exportation of Sugar from the British Islands, by John Ashley. Printed. London, 1735. 23 pp. [C.O. 28, 25, fos. 18–30d, 45, 45d.]
[July 20.]413 Petition of John Thomlinson, merchant, agent for the assembly of New Hampshire, to Council of Trade and Plantations, complaining of conduct of governor of Massachusetts and praying for consideration of the necessity of dividing New Hampshire from Massachusetts. Signed. 1 ½ pp. Endorsed, Recd., Read 20 July 1737. [C.O. 5, 880,fos. 9–10d.]
July 21.
Hampton Court.
414 Order of King in Council approving draft of commission to Edward Trelawny to be governor of Jamaica, and directing a warrant to be prepared. Signed, James Vernon. Seal. 1 p. Enclosed,
414. i. Commission for Edward Trelawny to be governor of Jamaica. Draft. 20 pp. [C.O. 5,196,fos 220–233d copy of order, endorsed, Reed. 12 September, Read 14 September 1757, in C.O. 137, 22, fos. 138–139d.]
July 21.
Hampton Court.
415 Same, disallowing an Act passed in North Carolina during the government of the Lords Proprietors entitled an Act relating to biennial and other assemblies copy certified by James Vernon. 1 ¼ pp. Endorsed, Recd. 12 September, Read 14 September 1737. [C.O. 5, 295, fos. 96, 96d, 99, 99d.]
July 21.
Hampton Court.
416 Same, approving drafts of commissions to John, Lord Delawarr, to be governor of New York and New Jersey, and directing warrants to be prepared Signed James Vernon. Seal. 1 p. Enclosed,
416. i. Commission to Lord Delawarr to be governor of New York. Draft. 18 pp.
416. ii. Commission to Lord Delawarr to be governor of New Jersey. Draft. 15 pp. [C.O. 5, 196, fos. 130–149d; copy of order, endorsed, Recd. 12 September, Read 14 September 1737, in C.O. 5, 1059, fos. 29–30d.]
July 21.
Hampton Court.
417 Same, on a report from the Committee for Plantation Affairs upon two Acts of St. Christopher's, one passed in 1732 for granting to H.M. a duty 8s per poll on all negroes and other slaves in the island and also of 5 per cent, on the rents of town property etc., and the other passed in 1734 for reducing the fee of 3s. per sheet taken by the secretary as clerk in chancery for copies of bills and answers etc., and petitions of Wavell Smith and Savile Cust against the same. [See A.P.C, (Colonial Series) 1720–45, pp. 540–541.] The first is disallowed and the second is approved. Copy, certified by James Vernon. 6 ½ pp. Endorsed, Recd. 12 September, Read 14 September 1737. [C.O. 152, 23, fos. 46–49d.]
[July 21.]418 Memorial of David Dunbar, lieut.-governor of New Hampshire and surveyor-general of H.M.'s woods in America, Jeremiah Allen, member of assembly of Massachusetts, and John Thomlinson of London, merchant, agent for New Hampshire, in behalf of themselves and great numbers in Massachusetts and New Hampshire, to Duke of Newcastle. Governor Belcher has held the government of Massachusetts and New Hampshire for eight years. The people of Massachusetts were surprised to see a person of such low rank as governor; long trial has not brought any better understanding. Mr. Belcher has repeatedly broken H.M.'s instruction by agreeing to pass Acts for the emission of paper bills of credit in excess of the sum permitted. The woods reserved for the Royal Navy have been continually destroyed and Mr. Belcher does little or nothing to prevent it. Through his pusillanimity the government of Boston is usurped by the mob who have pulled down the chief markets. He has denied any authority to Lieut.-Governor Dunbar in New Hampshire. He has suffered the fort at the entrance of Piscataway river to remain in a ruinous condition. The militia of New Hampshire have been neglected. He has prevented the assemblies of New Hampshire from doing business by dissolving them six times in four years. He has adjourned the courts of New Hampshire, not suffering the lieut.-governor to preside in his absence. He has prevented the settlement of the boundaries between Massachusetts and New Hampshire and passed Acts to settle and grant away great parcels of land in New Hampshire. Mr. Waldo's new settlement called the Eastern Settlement, Governor Belcher has discountenanced. Memorialists pray that some person more regardful of the honour and interest of H.M.'s service and the rights and privileges of his subjects may be appointed to the chief command over Massachusetts and New Hampshire. Signed. 3 pp. Endorsed, 21 July 1737. [C.O. 5, 899, fos. 205–206d.]
July 22.
Jamaica.
419 President John Gregory to Council of Trade and Plantations. The assembly met lately: I send you two bills they passed, also the journals of the council and such part of those of the assembly which are yet come to my hands. I had not the same success in this session I formerly met with; some things in my speech were not relished. I meant well, though it proved otherwise. You will be able to distinguish by the resolves in their journals the exceptionable parts. I still insist upon it, the laying a restraint upon negro tradesmen and boatmen will be of the greatest service imaginable to this country, and it can neither flourish nor be secure without it. I confess I have little hopes to see it done here: the present interest will always prevail against the future. As the assembly did not seem inclined to business and applied for a recess, I readily granted it. This will probably be the last meeting during my administration as the annual laws do not expire till March. I hope there will be no occasion for meeting sooner. Signed. 1 ½ small pp. Endorsed, Recd. 6 October, Read 12 October 1737. [C.O. 137, 22,fos. 143d-146d.]
July 22.
Annapolis Royal.
420 John Adams to Council of Trade and Plantations. Your letter of 18 February last directed to this government arrived here in April and was same day council; and although we came to no resolution at that time, hoping to hear soon of the arrival of the royal commission, yet it seemed clear to the board that none of the members of the council here was excepted but Major Paul Mascarene. In June Lieut.-Governor Armstrong read to the board from the chair a paragraph of a letter he had received from Governor Belcher acquainting him that by the last vessels arrived there from London there was no news of the commission being out but thought it would be his safest way to send five of the eldest councillors to be upon the spot at the time appointed. Whereupon as I had given my constant attendance at the council board (eleven years past I have been blind) as I had done before ever since the council was established, I resolved to go and employed all the money and credit I had to equip myself for that service. In the beginning of July inst. Lieut.-Governor Armstrong put a warrant into my hands (copy enclosed) together with a duplicate of your letter to him to be our credentials at Hampton in case H.M.'s commission was not arrived (copy of which I gave to the other members) and were all ready to depart on 12th when a vessel arrived here with a letter from the government of New Hampshire which informed us that the commission was arrived but my name was not therein. I acknowledge H.M.'s great wisdom and goodness in excusing a person of my age and infirmity from giving my voice in deciding that controversy.
The other paper enclosed is a proposal to build a parish church in this town of Annapolis Royal which the committee pray you would recommend to our good aged Governor Philipps in London, hoping he and others will encourage our undertaking and when he or they have signed to so good a work to send the paper hither again.
In 1732 Lieut.-Governor Armstrong enclosed a petition of mine to H.M. amongst the public papers of this government and recommended me to you; but I have heard nothing of it since. I pray that in compassion to a poor, helpless, blind man in his 65th year, you will lay that petition before H.M. and procure me some relief. Signed. 2 ½ pp. Endorsed, Recd., Read 16 November 1737. Enclosed,
420. i. Warrant by Lieut.-Governor Armstrong requiring John Adams, William Skene, William Shirreff, Erasmus James Philipps and Otho Hamilton to proceed to Hampton to attend H.M.'s service in the matter of settling the boundaries between Massachusetts and New Hampshire. 2 July 1737. Copy. 1 p. Endorsed, as covering letter.
420. ii. Form of covenant for promising subscription towards building a parish church at Annapolis Royal, payment to be made to a committee appointed by Lieut. Governor Armstrong consisting of John Adams, Rev. Richard Watts and John Dyson, storekeeper. 25 April 1733. Signatory, L. Armstrong, for the divine work, 40l. 1 p. Endorsed, as covering letter. [C.O. 217, 8,fos. 20–24d.]
July 22.
Kingston.
421 Robert Millar to [? Trustees for Georgia]. I have at last received a recommendatory letter from Count Montijo to the Viceroy of Mexico, If which prove effectual in procuring me liberty of travelling into that country I hope the tours I shall make there will prove of greater consequence than any I have as yet made. The ipecacuanha that I have already got here, of which I acquainted you in my last of the success I had in them, I have now also the pleasure of confirming it that they succeed here equally with that of their native climate from where I brought them, though as yet they are not come to that perfection to flower and seed but I expect they will in two or three months hence which is the proper time for them. I thought it not proper to transplant or transport any of them as yet as there are but a few that are come to this perfection out of the many I brought with me especially as 1 propose myself immediately to go to Georgia upon my return here from Mexico; and in that time I also expect to have the seed of them. If I have done amiss in this particular by not complying with your last orders I hope you will forgive me as I have intended it for the best and hope it will prove so. There has as yet no opportunity offered of going to Campeche or Vera Cruz since the receipt of that letter. The first that does I certainly will accept of and hope to give you a better account in six or seven months after I set out of this tour than I did of my last. Signed. 2 pp. [C.O. 5, 639, fo. 382, 382d.]
July 22.
Georgia Office.
422 Harman Verelst to John Mathias Kramer at Krefeld. I received yours of 23 July (N.S.) and should be glad to know what numbers of people are left behind and their ages and sexes and if Mr. Hopes will send them to Georgia on a contract for a certain number and if possible not exceeding, 60 heads. When I have your answer in particulars as to numbers left, their ages and sexes, you shall hear further. Entry. ¼ p. [C.O. 5, 667,fo. 24d.]
July 27.
Palace Court.
423 Minutes of meeting of Trustees for Georgia. Received of Dr. Hales, 10l. his subscription towards building two churches in Georgia and other religious uses Received of William Belitha, 10l. his subscription towards the same purposes. Received, receipts from the bank for 10l. paid by James Vernon, 100l. paid by the same, 10l. paid by Robert Eyre. [See No. 411.] Received, same for 10l. 10s. the subscription of John Temple towards the same purposes. Received, a benefaction of a person who desires to be unknown of a seal for the town-court of Savannah with an engine or press affixed on a frame and table, the whole amounting to the value of 22l. 15s. Resolved, that the town-courts of Savannah and Frederica be the courts of law for trying offences against the Act for preventing the importation and use of rum in Georgia. 1 ½ pp. [C.O. 5, 687, pp. 32–33.]
July 27.
Georgia Office.
424 Benjamin Martyn to Bailiffs and Recorder of Frederica. The trustees named in the trust-grant are to put the bearer, John Woolley, in possession of a town lot in Frederica. Entry. 5 p. [C.O. 5, 667,fo 25.]
July 28.
Havana.
425 Letter of John Kineslagh, master of Prince William. This is to give an account of my being brought here by a Spanish guarda-costas as they call them, alias pirates; who, had it been the greatest war that ever was, could not have used us much worse, not only taking all we had but plundering the cargo and robbing the ship of her stores which they pretend is on account of Braziletta wood Mr. Richard Rowland shipped that came from Providence. They dispute whether any such grows, which we have proved. Now they dispute our king's title to that island. How it will end I cannot tell but am in hopes to acquaint you by the next opportunity. I beg you will forward the enclosed and give Mr. Rowland an account of the affair if he is in England or Ireland. They took us in lat. 31° 30" and long. 55° or thereabouts from London on 24 March, having been but 10 days from St. Kitts. Please to put it in the news that they detained seven of my people, vizt. Robert Merchie, chief mate, and Samuel Herbert, second, Owen Tudor, Richard Ing and Benjamin Thompson, men before the mast, Thomas Harwood and Benjamin Percival, apprentices, in their ship; and sent me, my carpenter and four more guarded by 23 Spaniards and an Irishman for a pilot. Had it not been for one of them, the rest had agreed to throw the pilot and us six overboard; but they two used us as well as was in their power. How long we shall be detained here I cannot tell, but as soon as this affair is over I shall send or carry the proofs to you in order to recover insurance by the first opportunity. They have my books or else I would have sent a manifest of my cargo in order for you to acquaint the shippers and receivers of these affairs. However, I desire you will make it as public as possible. Signed. PS. It was a ship of 24 guns, 340 men, and a sloop of 10 guns and 120 men, who took us. I have nothing more to add only it is a public talk I am to be cleared. Illiterate. 1 ½ pp. Endorsed, Recd. 11 October from Mr. Trelawny. [C.O. 137, 56, fos. 62–63d.]
July 28.426 Attorney-General and Solicitor-General to Council of Trade and Plantations. We have considered the queries sent in Mr. Popple's letter of 21 June last, the first of which is whether the Act of the Trustees of Georgia or of any assembly can grant to any of the provinces an exclusive trade with the Indians in that province. We are of opinion that such an Act would be destructive of the general right of trading which all H.M.'s subjects are entitled to and therefore repugnant to the laws of Great Britain, and that no Act of the Trustees of Georgia or of any assembly can grant such an exclusive trade, though the method of trading within each province may be regulated by the laws thereof. As to the second query, whether the Act above-mentioned excludes all persons whatsoever whether inhabitants of Georgia or not from trading with the Indians of Georgia except such as take out licences, we are of opinion it does, such taking out of licences being no more than a proper regulation of trade within the said province. Signed, D. Ryder, J. Strange. 1 ½ pp. Endorsed, Recd. 28 July, Read 3 August 1737. [C.O. 5, 366, fos. 3–4d.]
July 28.
Ebenezer
427 John Martin Bolzius to [Harman Verelst (fn. 3) ], gratefully acknowledging letter of 17 March last and the redressing by the Trustees of several difficulties; we hope they will show us their further care in redressing the others by the arrival of James Oglethorpe. It is my duty to return the Trustees thanks that they have resolved the full allowance of provisions to the third, and the reduced allowance to the first and second, Salzburghers without expecting any repayment; and that they have sent orders to Mr. Causton to pay our new boat, of which we have made use hitherto with good success. The Salzburghers have endeavoured last winter and spring to the utmost of their strength to clear grounds more than for every family was at this time laid out for their own possession and have planted them with all manner of care and industry, expecting now a good crop. They would have done more but for sickness: more than half of our people are now taken by a bad fever and disabled. Those who are in better health assist them as much as they can, though their own businesses want them in their own field. Worms damage so much the young corn that they must lose, if not the whole, the most part of the crop. The surveyor, Ross, has engaged to begin running out our farms in September. The people will be very well satisfied if they can have but few acres of good ground and so they will be enabled by and by to improve the barren; but without good ground at all they never think to get their livelihood. It was but a little crop which some of the first, and two or three persons of the second Salzburghers, have got at Old Ebenezer at our removal and was much damaged by horses and deer. I beseech the Trustees to allow them that crop. If it should be accounted as a part of the reduced allowance it would redound to a great discouragement to that people. As to the tools, hogs and poultry of the third Salzburghers, we hope they will be supplied with as soon as Mr. Causton is able to do it. He told me some of the 16l. sterling which should be laid out for building our houses and a schoolhouse should be applied for buying the said hogs and poultry. This money being not sufficient for one house, I entreat the Trustees to give orders for building our houses. Some of the ten cows Mr. Oglethorpe gave the third transport are dead or run away. The said people crave the Trustees for a cow and a calf for every family. Mr. Causton has paid our salary almost by goods and provisions of the store. Signed. PS. Present my service to Mr. Martyn and tell him that I have sent to Mr. Ziegenhagen an account of the effects which some Salzburghers of my congregation have left behind them. For the stones for a handmill the Trustees have sent to the use of the Salzburghers, I return thanks. 4 pp. [C.O. 5, 639, fos. 384–385d.]
July 29.
Whitehall.
428 Order of Committee of Privy Council for Plantation Affairs referring back to Council of Trade and Plantations their report of 5 May on petition of Sebastian Zouberbuhler to reconsider the same and examine the allegations in the enclosed memorial. Signed, James Vernon. Seal, 2 pp. Endorsed, Recd. 8 August, Read 11 August 1737. Enclosed
428. i. Memorial of Sebastian Zouberbuhler to Committee of Privy Council; London, 13 July 1737. The Council of Trade and Plantations has reported favourably on his scheme for settling Swiss Protestants in South Carolina except in regard to the 2800l. Carolina currency he prays for. This is the same Col. Purry had: memorialist's grant of 48,000 acres is a great deal less valuable than Col. Purry's and his expenses very great. Prays reconsideration. Copy. 2 ½ pp.
428. ii. Report of Council of Trade and Plantations to Committee of Privy Council; Whitehall, 5 May 1737. Copy, of No. 268. 3 ½ pp. [C.O. 5, 366, fos. 7–12d.]
July 29.
Whitehall.
429 Same, referring the enclosed to Council of Trade and Plantations. Signed, James Vernon. Seal. 2 pp. Endorsed, Recd. 15 August, Read August 1737. Enclosed,
429. i. Petition of John Hamilton to the King. There are great tracts of land in South Carolina lying unsettled and uncultivated to the prejudice of both England and that province. The soil is well suited to the culture of vineyards for wine and fruit, for coffee, coconuts, olives for oil, hemp, flax and several other commodities very advantageous to the trade of England. Petitioner has long studied how to propagate these commodities and desires to make a considerable settlement in that province. He has been at great pains and expense to procure and agree with about 140 Protestant families skilled in the cultivation of such commodities to settle there, who are all ready to embark as soon as he is ready to receive them. He is able to procure many hundreds more upon proper encouragement. He prays for a grant of 200,000 acres of land in South Carolina for this purpose which he will oblige himself to take up in one, two or four parcels in the most convenient places for such commodities where it has not been already set out to other persons. He prays that part of this land may be taken up in some of those townships which were set out by the governor but not yet settled, and that quitrents may be remitted for the first ten years. Copy. 1 pp. [C.O. 5, 366,fos. 13–15d.]

Footnotes

1 MS:2Menis.
2 i.e. Nos. v—ix.
3 See No. 149.