America and West Indies
September 1737

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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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240-250

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'America and West Indies: September 1737', Calendar of State Papers Colonial, America and West Indies, Volume 43: 1737 (1963), pp. 240-250. URL: http://www.british-history.ac.uk/report.aspx?compid=72912 Date accessed: 02 October 2014.


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September 1737

September 1.
Whitehall.
484 Council of Trade and Plantations to Committee of Privy Council. we have considered the petition of Mr. Zouberbuhler pursuant to your order of 29 July last, wherein he prays that in view of the very great charge of his proposed settlement at New Windsor he may be allowed the reward of 2800l. Carolina currency. We see no reason to alter our opinion which we gave you in our report of 5 May last. Entry. Signatories, Monson, Thomas Pelham, Richard Plumer, R. Herbert, 2½ pp. [C.O. 5, 401, pp. 221–223; draft in C.O. 5, 381, fos. 248–249d.]
September 7.
Palace Court,
485 Minutes of meeting of Trustees for Georgia. Received, a receipt from the bank for 10l. paid in by Rogers Holland, his subscription towards building two churches in Georgia and other religious uses. ½ p. [C.O. 5,687, p.39.]
September 7.
Georgia Office.
486 Benjamin Martyn to Thomas Causton. The trustees named in the trustgrant are to put the bearer, Isaac Gibs, in possession of a 50-acre lot at Abercorn Entry. ½ p.[C.O. 5, 667, fo. 36.]
September 7.
Georgia Office.
487 Same to Bailiffs and Recorder of Frederica. The trustees named in the trust-grant are to put the bearer, Samuel Wathey, in possession of a lot in the town of Frederica Entry ½ p.[C.O. 5, 667, fo. 36d.]
September 8.
London.
488 Affidavit of Owen Tudor, late mariner on Prince William, John Kinselagh master, sworn before Richard Brocas. The said ship sailed from St. Christopher's 14 March last, laden with 302 hogsheads sugar, 10 pipes Madeira wine, 10 tons Braziletta wood, bound directly for London. On 24 March about 150 leagues east of the Bermudas they met two Spanish vessels, a ship of 24 guns and a sloop of 8 carriage and 8 swivel guns, which fired on and stopped the Prince William. Deponent, with Capt. Kinselagh and three others, went aboard the Spanish ship. Capt. Kinselagh produced his bills of lading and other papers proving his ship and cargo to belong to subjects of Great Britain. The Spaniards detained Capt. Kinselagh and searched his ship, finding a parcel of Braziletta wood. This they supposed to be Spanish and accordingly seized the ship and cargo, put 70 Spaniards aboard, and took her to Havana. Deponent, with six other English sailors, was landed at San Domingo and thence made his way to London; while he was aboard the Spanish ship, a Dutch vessel carrying the governor of St. Eustatius was seized. Signed, Owen Tudor, his mark, 1 p. [C.O. 137, 56, fo. 64, 64d.]
September 9.
Savannah.
489 John Brownfield to [Trustees for Georgia]. My illness will permit me to say but little concerning the enclosed representation. The grand jury was discharged on 2nd inst. notwithstanding they acquainted the court with their having a great deal of other necessary business to proceed upon in order to lay before the court. Mr. Causton has used many threatening speeches against several members of the said grand jury and hath endeavoured to corrupt the servants of some to confess their masters' private discourse to him. Should not those ill proceedings meet with some check from you I am afraid juries will be quite useless. The grand jury having reason to suspect that one of their members had perjured himself by revealing the secrets of the said grand jury, they did fully purpose to present the said person to this court but being discharged in manner above-mentioned they were prevented from so doing. Therefore the members of the said grand jury do intend with all possible dispatch to lay before you by a further representation these and several other matters of importance touching the peace of the king and the welfare of this colony. I shall when my illness a little more abates write to you concerning my behaviour throughout this affair. Signed. 1 p. Endorsed, Recd. 7 December 1737. [C.O. 5, 639, fos. 404–405d.]
September 9.
Hampton Court,
490 Duke of Newcastle to Council of Trade and Plantations, directing that an instruction be prepared for Edward Trelawny, governor of Jamaica, agreeable to that prepared for Henry Cunningham according to the Duke's letter of 12 June 1734. Signed. 1 p. Endorsed, Recd. 10 September, Read 14 September 1737. [C.O. 137, 22,fos. 137, 137d, 140, 140d.]
September 12.
South Carolina.
491 Robert Wright to Council of Trade and Plantations. As chief justice of this province I have too often been obliged to trouble you with some proceedings which I apprehended were contrary to H.M.'s instructions, repugnant to the laws and statutes of Great Britain, and highly prejudicial to H.M.'s crown and revenues, all which I protested against before they passed into laws, which protests together with the proceedings of the general assembly have been transmitted to you; and most of those pretended laws have been since disapproved by you and repealed by H.M. This makes me with more cheerfulness presume once more to apprise you of some objections I made to the Jury Law ratified on 20 August 1731, which law (as I am informed) some members of the present assembly are pressing Mr. Fury, their agent, to lay before you for your approbation in order to be confirmed by H.M. It is but a few days since this design came to my knowledge, therefore I could not sooner nor in so regular a manner as I ought apprise you of the objections I make to that law. I apprehend the reason of their pressing for the confirmation to be that (there being several considerable tracts of land within this province which by reason of the parties being attainted or dying intestate without heirs as well as by other ways and means are become forfeited and escheated to H.M.) process was issued to the provostmarshal commanding him to summons a jury of the neighbourhood to enquire into the several facts and find an inquest of office, being the only means to entitle H.M. to the said forfeited and escheated lands; and when the jurors appeared, a member of the present assembly went to each juror and openly declared that there was no law in this province to compel jurors to serve on such inquests, and that all who should serve on the same were enemies to their country. Should this law be confirmed, there would be some colourable pretence for their refusing to serve on such inquests for the crown, and many people would wrongfully hold large possessions which are devolved and become the rights of the crown and, by some clauses in this law contained, screen themselves from rendering any account of the same.
My objections to the first paragraph of this law are because therein it is said that the several persons therein named in the schedule thereunto annexed, and no other person whatsoever, shall be obliged to serve as jurymen; this is an infringement of the king's prerogative and contrary to law, for the king's escheator may summons a jury to take an inquest of office for the king, which power of the escheator I conceive is superseded by this law; and to limit a certain set or number of people to be jurymen, as by this clause is directed, I apprehend to be contrary to the fundamental constitution of the realm, for jurors are to be free, honest, lawful and indifferent men, without any restriction or limitation to any place, shire or county save only that they be of the vicinage and within that place, shire or county where the fact to be tried was committed and done; and though the latter part of the paragraph seems to provide a jury for an inquest of office, yet it is very deficient and impracticable and contrary to the 1st of Henry VIII, ch. 8, which directs that inquests of office are to be found by 12 free and lawful men of the neighbourhood and not by strangers; and to carry such from their habitations 100 or 200 miles is not only unreasonable and impracticable but repugnant to Magna Charta and the aforesaid statute. The 23rd paragraph likewise seems to provide for juries on special occasions and for inquests of office but clogs the method with so many formalities and delays that it can scarce be complied with, which are likewise encroachments on the crown and repugnant to the laws of Britain as is before-mentioned. I cannot conceive for what purpose this perplexed method of summoning juries could be prescribed, but to deprive or make it difficult for H.M. to recover his just rights and revenues and to make the laws and constitution of Great Britain subservient to the by-laws of Carolina.
The 28 th paragraph allows the Presbyterians to make a solemn and conscientious declaration and affirmation, instead of an oath, which is contrary to law and the approved practice and usage of the courts of justice in Westminster Hall, and I apprehend contributes too much to continue and encourage divisions which otherwise might subside. The 30th paragraph empowers the governor to appoint assistant judges, which is a bold attack upon the crown and a usurpation of the king's authority and repugnant to law, it being the king's undoubted right to appoint his judges. The 43rd paragraph allows counsel to felons and a copy of their indictments three days before trial, which prolongs the sessions and makes the attendance of juries and others very burthensome and expensive and encourages roguery in hopes that some flaw may be found in the indictment or other proceedings. This clause might be well intended, but is contrary to law and has hitherto proved inconvenient. It is probable when Mr. Fury, the Carolina agent, lays the law before you, many other objections may be made, but I conceive those I have mentioned relating to the crown and the revenues thereof may be sufficient to postpone its confirmation till some amendments are made thereto conformable to the laws and statutes of Great Britain, which will preserve both the rights of the king and of all his subjects. Signed. 1½ pp. Endorsed, Recd. 28 November, Read 1 December 1737. [C.O. 5, 366, fos. 22–23d.]
September 14.
Whitehall.
492 Council of Trade and Plantations to Duke of Newcastle, enclosing draft of general instructions and instructions relating to the Acts of Trade and Navigation for Edward Trelawny, govenor of Jamaica, with representation thereon. Entry. Signatories, Monson, T. Pelham, James Brudenell, R. Plumer. 1 p. Enclosed,
492. i. Same to the King. In the draft instructions we have made no alterations or omissions from the general instructions given to other governors except in the following articles. In the first article we have inserted the names of the twelve councillors; but Edward Charlton, Henry Dawkins, William Gordon and Temple Lawes, upon a disagreement with President Gregory, have withdrawn from the council. When we had this affair under consideration we reported to the Committee of the Privy Council that we thought them persons not proper to be continued councillors. We submit it to you whether the said four gentlemen be continued or whether others should be appointed in their room. The 28 th article forbidding the governor to pass any act which shall restrain the officers of your forces from recruiting their companies in that island, and the 30th, 31st and 32nd articles relating to the better peopling the island by encouraging white people to go and settle thereon which were given to Mr. Cunningham as additional instructions are here made part of the general instructions. We have likewise inserted the 84th and 85th articles relating to laying duties on negroes which were given to Mr. Cunningham because it has been represented to us that the same exigencies which induced you then to give it subsist still, and that unless this duty be continued the island will be in the greatest distress. We have united the 28th and 29th articles of Mr. Cunningham's instructions relating to subsisting your eight independent companies now there and made one general article of them. We have also inserted the 34th instruction empowering Mr. Trelawny to receive an additional salary in the same words it was given to Mr. Cunningham pursuant to your orders signified to us by the Duke of Newcastle's letter of 9th inst. The Commissioners of Customs having proposed that an instruction should be given to your governors in America for the better securing the duties on foreign sugar, molasses etc. in the Plantations, we have inserted the 13th article for that purpose in the draft of Mr. Trelawny's instructions which relate to the Acts of Trade and Navigation. Entry. Signatories, as covering letter. 4½ pp.
492. ii. Draft of instructions for Edward Trelawny, governor of Jamaica. Entry. 134 pp. [C.O. 138, 18, pp. 129–268; original of covering letter in C.O. 137, 48, fos. 27–29d.]
September 14.
Whitehall.
493 Same, to Committee of Privy Council. Pursuant to your orders of 8 December 1736 and 4 February last, we have considered the petition of the council and assembly of South Carolina [Cal. S.P. Col., 1735–36, No. 483 i.] and the petition of the Trustees of Georgia complaining against the lieut.governor, council and assembly of South Carolina for opposing the execution of an Act for maintaining the peace with the Indians in Georgia.
Upon this occasion, having been attended by the agent for South Carolina and several of the Trustees for Georgia and heard counsel as well for and against the petition of South Carolina as for and against the petition of Georgia, we acquaint you that the counsel for Carolina in support of their petition insisted that they and all H.M.'s subjects had a right to trade with all Indians in amity with the crown of Great Britain, that there was a law then in force in Carolina by which all persons going from that province to trade with the Indians were obliged in order to preserve the peace with them to take licences and give security for observing certain rules laid down for regulating the said trade. They likewise insisted that the navigation of the river Savannah ought to be free to all H.M.'s subjects and then produced affidavits to show that several persons who were regularly licenced in Carolina to trade with the Indians had been disturbed in their trade and driven by force from the places where they were trading, and some had their goods seized under pretence that they were within the province of Georgia and were not to trade there without taking out licences at New Savannah in Georgia from the commissioners appointed for that purpose. They likewise gave evidence that some rum has been seized and staved on board a vessel at New Savannah town in Georgia that stopped, as they alleged, only to deliver letters and was proceeding up the river to Old Savannah town in Carolina; and that a boat had been obliged to bring to as it was passing up the Savannah river on pretence that it was importing rum into Georgia contrary to the laws of that province.
In answer to which the counsel for Georgia insisted that by virtue of the aforementioned Georgia Act no persons whatsoever were to trade with the Indians within the province of Georgia without first taking out a licence at Savannah in Georgia; and that by virtue of another Act passed by the Georgia Trustees and confirmed by H.M. to prevent importation of rum and brandies, no person was to import rum into the said province. They then proceeded to examine some witnesses and read some affidavits to prove that some of the places (mentioned by the counsel on the other side) from whence the traders of Carolina had been removed were within the limits of Georgia between the rivers Savannah and Altamaha, the north and south boundaries thereof, as described in their charter. They likewise produced other evidence to show that some of the said places were on the south side of the Savannah river and they concluded from thence that they were in the province of Georgia, at least if they were not it would be incumbent on the complainants to prove the contrary. They admitted that rum had been seized at New Savannah and likewise insisted that they had a right to stop all vessels going on the south side of Hutchinson's Island in the river of Savannah to search for rum, it being in the province of Georgia and therefore liable to be seized by virtue of the aforesaid Act.
We observe that the trade that is carried on with the Indians is of great importance and advantage to H.M.'s subjects, that the trade has increased annually since Carolina has been in H.M.'s hands, that it is of great consequence to all H.M.'s settlements in those parts to preserve the friendship of the Indians; and therefore it is with concern we see these disputes between H.M.'s subjects, and unless care be taken to quiet them we fear they may endanger the loss of this trade and the French or Spaniards may thereby gain the Indians into their interest, for laws made in either of these provinces cannot bind the Indians and if they are put under difficulties in obtaining such European goods as they have occasion for from H.M.'s subjects they will easily be tempted to trade with the French or Spaniards. We are of opinion that this trade with these Indians should be free to all H.M.'s subjects and that, if the Act passed in Georgia for maintaining the peace with the Indians is to be taken in the strict sense that is put upon it, it may be highly prejudicial to the trade of Great Britain and be attended with inconveniences which we think could not be intended at the time of passing the same; and instead of being an Act for regulating their trade it may give them an exclusive trade and be of dangerous consequence. And to show you what the opinion of this board was on a case of a like nature we annex a copy of a representation to the late queen, dated 6 September 1709, relating to the seizure of goods in Carolina belonging to some Indian traders of Virginia; and we must observe that as yet the heads of the rivers that are given for the boundaries of Georgia are unknown and no western lines can therefore be settled. It is likewise certain great part of the Indians lie on the south side of the Altamaha river, the most southern bound of Georgia, and are still within the province of Carolina which extends southward to 29 degrees north; 60 that were H.M.'s subjects residing in Carolina obliged to go to New Savannah in Georgia to take out a licence under that government for leave to trade not only with the Indians that are said to be in Georgia but also for crossing one part of H.M.'s dominions to trade with the Indians actually within the province of Carolina, it would be a hardship could not possibly be intended by that Act and yet we find it is expected that every person that goes to the southward of the Savannah should take a licence agreeable to the Act of Georgia.
If that rule is to take place there will be no obligation on the government of Georgia to grant licences to any persons they please to object to and then the inconveniences may soon happen which are mentioned in the former report to which we refer. For which reasons we are of opinion that all H.M.'s subjects in Carolina as well as in Georgia should be at liberty to trade with all Indians in amity with the crown of Great Britain and that those traders which go from Carolina should take their licences at Charleston and give the security there agreeable to the law of that province and those traders that go from Georgia should take their licences at New Savannah and give the security there agreeable to the law of that province. As to the navigation of the river Savannah we think that the northern branch of it ought to be free and no vessels should be stopped going up either side of Hutchinson's Island (a little island in the said northern branch opposite to New Savannah) on account of having rum on board unless offering to trade at any of the settlements in Georgia. For with respect to the Indians we are apprehensive that if we do not supply them with rum they will get it from the French. With respect to the complaint of the ordinance passed in Carolina, we do not find that it is against law or against the governor's instructions or goes further than a resolution to raise a sum of money to indemnify the traders who took out licences there in case they should suffer for acting under those licences whilst this dispute was depending. Nor do we find that Thomas Wright, the person mentioned in the complaint of the Georgia Trustees, was a transported felon or that he was employed to animate the Indians in Georgia against H.M.'s subjects. Entry. Signatories, Monson, T. Pelham, James Brudenell, R. Plumer. 10 pp. [C.O. 5, 401,pp. 224–233; draft in C.O. 5, 381, fos. 250–255d.]
September 14
St. Christopher's.
494 Governor William Mathew to Alured Popple. I have delivered to Capt. Main an Act of Montserrat appointing John Yeamans agent for that island In the same box I have put an affidavit of Mr. AttorneyGeneral here relating to Mr. Wavell Smith's complaints against me, which I had not in time to transmit to Mr. Yeamans with other papers for my justification. I pray you give him this. Signed. 1 small p. Endorsed, Recd. 8 December 1737, Read 15 February 1737/8, Annotated, N.B. That affidavit was delivered to Mr. Yeamans by Mr. Popple. [C.O. 152, 23, fos. 73, 73d, 76, 76d.]
September 15.
Hampton Court.
495 Commission to John Stewart to be lieut.-governor of Jamaica. Entry. 1 ¼ pp. [C.O. 324, 37, pp. 78–79; another entry in C.O. 324, 50, p. 142.]
September 17.
Boston.
496 Governor Jonathan Belcher to Council of Trade and Plantations acknowledging H.M.'s additional instruction of 30 April last respecting issue of bills of credit. By which I find that the emissions made here in 1733 and 1734 seem to have been represented as so much issued for those years only; whereas it will be found on examination that no bills were emitted from December 1731 till October 1733, and then was issued 76,500l. to extend to May following (being 2 years and 4 months), the assembly contending all that time as to the way and manner of supplying the treasury, so the debts of the province kept increasing, for it was necessary the government should be supported by money or credit, and the longer before the debts were paid off the larger must the sum be when it was done; and this made the emission in 1733 about 60,000l. more than it would have otherwise been just at that time. And yet the emission upon the whole was not an exceeding of H.M.'s 16th. instruction which allows 30,000l. a year to be issued for the annual support and service of the government. As to the bills of credit that were issued in the government before I came into it, they have been mostly called in and sunk according to the several periods and provisions of the respective Acts by which they were issued, and what are not have been lately specially ordered so to be by the whole legislature by prosecutions in the law. I say they are of course sunk when they are paid into the treasury and the reissuing any bills is just the same with making new ones, and if at any time there lie old bills with the treasurer that are not too much defaced or worn to pass again by their reissuing it saves the government the charge of new paper, new stamping and new signing (which is considerable) and the bills answer the end as well as so many new ones: nor is the emission one shilling the more when old bills are reissued than if new ones were made every time the treasury is supplied. I therefore cannot apprehend, with deference to you, that I have made any infraction on H.M.'s 18th instruction. I shall strictly conform to the additional instruction by not issuing more than 30,000l. for the annual support of the government. Nor shall I continue any bills current beyond the time limited by the Acts for emitting them without a suspending clause to wait H.M.'s pleasure therein. And as the assembly for about a year past have got into a method of emitting bills of a much better value than heretofore, I hope the charge of the government will be fully comprised in the annual sum of 30,000l. Signed. 6½ small pp. Endorsed, Recd., Read 16 November 1737. Enclosed,
496. i. Abstract of above, with comment: 'He gives no account of the real state of the bills so that we are kept entirely in the dark here and can have no judgement of their quantity or current value but by the exchange they bear at present'. Unsigned. 2 pp. [C.O. 5,880, fos. 73–78d]
September 17.
Boston.
497 Same, to Duke of Newcastle. [In substance same as No. 496.] Signed. 7 small pp. Endorsed, Recd. 30 October. [C.O. 5, 899, fos. 274–277d; duplicate, endorsed, Recd. 6 November, in C.O. 5, 752, fos. 314–317d.]
September 17.
Georgia Office.
498 Harman Verelst to Thomas Causton by Three Sisters, Capt. Hewitt. Several German families having indented themselves at Cowes as servants to the Trustees, Capt. Dunbar who went down on that occasion will enclose you the indenture which they all sign and a list of each family and the heads contained therein. These families are to be delivered at Tybee by the Three Sisters, Capt. Hewitt, who will send you notice of his arrival that you may go and receive them in such craft as is proper to bring them from thence to Savannah. You are to call over the families by the list computing the number of heads the whole amount to, and then you will find if they are all arrived or if any shall have died at sea. Those that arrive and are delivered to you are the heads the Trustees are to pay for and you are to give the captain a receipt for the number of heads you receive. If the passengers have no just complaints against the captain in the voyage, the Trustees would have you be very civil to him whereby he may be encouraged and like to bring passengers for Georgia. And you are to be very kind to these German families, to get dry lodgings for them, to furnish them with such pots as shall be necessary, and to let each family be kept together, and let them have the liberty of working for themselves on Saturdays; and what baggage or necessaries they have belonging to them are to remain their own. If there are two families in which there are four or five young men, you are to send them to Capt. Gascoigne to serve him, and the rest are to be employed in going on with the farm for the Trust under Mr. Bradley's directions if he is in the colony and in health so as to be willing to take the charge upon him. But if not, then Henry Parker, the third bailiff, is to oversee them and they must be employed for the Trustees' service in clearing and cultivating some of their farms until Mr. Oglethorpe's arrival. Each head of these German families is to be supplied with 5 lbs. of meat, ½ lb. of butter and 6 lbs. of bread kind of Indian corn, rice and flour a week; and you are to take care that their victuals are regularly given them and that neither they nor any other of the inhabitants of Georgia have any disobliging behaviour shown to them to make them uneasy.
The Trustees have heard that Camuse's family are at Charleston, and if it is true they desire to know the reason of their going from Georgia. They have also heard that there is a scarcity of provisions at the southward which they are surprised at by reason of the orders you have had for supplying them from Mr. Oglethorpe and by the Trustees' letters; and they again repeat their directions that they should be supplied according to those orders and to be sure that you do not let them want bread kinds at the Darien nor anywhere else to the southward. If Indian corn is not to be had at a reasonable price, rice which is the product of Carolina sure cannot be wanting now the harvest is coming in. And as great quantities of provisions have been bought, how came the southward settlers not to have their full supply? The Trustees are sending the Georgia pink, Capt. Daubuz, this month to Ireland for a cargo of beef and butter, and they have shipped 60 barrels of beer and 20 casks of flour on board the said ship here. They have sent you in a small box by this ship 100 sola bills of 1l. each, A. 1501–1600, towards defraying the expense of these German families and they will send 400l. more by the Minerva, Capt. Nicholson. Entry. PS. Capt. Hewitt will deliver you what provisions he can spare and you want, on your receipt. The Trustees again repeat in relation to the Moravians taking up arms that they think you should only have called upon them for two men, that is to say, one for each lot of Mr. Spangenberg's and Mr. Nitschman's, and on their sending two men, whether Moravians or others provided they are not servants, it will be a discharge of them from that duty. 2pp. [C.O. 5, 667, fos. 36d-37d.]
September 17.499 Instructions by Trustees for Georgia to Capt. George Dunbar relating to German passengers on the Three Sisters, Capt. Hewitt. If 90 or 100 heads of the German families will bind themselves to the Trustees you are to engage so many, but not more than 100 nor less than 90. You are to have three originals of their agreement written and to make a list of each family. Every person of 14 years is computed a whole head; 4–14 half; under 4 not computed. Capt. Hewitt is to land at Tybee, send the small box and letters to Mr. Causton and take his receipt both for the passengers and for any provisions that can be spared. Entry. 1 p. [C.O. 5, 670, p. 371.]
September 21.
Palace Court.
500 Minutes of meeting of Trustees for Georgia. Received of Henry Newman, 10l. benefaction of a clergyman in the deanery of Stow, Gloucestershire, towards building a church at Savannah. Received of Thomas Tower, 10l. his subscription towards building two churches in Georgia and other religious uses. ½ p. [C.O. 5, 687, p. 40.]
September 21.
Whitehall.
501 Council of Trade and Plantations to Duke of Newcastle enclosing extract from Lieut.-Governor Armstrong's letter of 8 July last wherein he desires H.M.'s directions on the subject of a boy of ten years who set fire to a house there, together with copies of relevant papers. There being no power given to the governor of Nova Scotia to grant commissions of oyer and terminer, the governor cannot take any step with regard to this boy before you transmit to him H.M.'s directions. Signed, Monson, T. Pelham, R. Plumer. 1 p. Enclosed,
501. i. Abstract of minutes of council of Nova Scotia held at Annapolis Royal, 20 April 1737. Copy, of No. 387 ii. 7 pp. [C.O. 217, 31,fos. 119–124d, 134–135d; entry of covering letter in C.O. 218, 2, pp. 342–3.]
September 21.
Whitehall.
502 Alured Popple to John Hamilton. The Council of Trade and Plantations have considered your petition for land in South Carolina and are of opinion your propositions are too general. Until they are better satisfied that your proposals will be carried into execution they cannot think of recommending your petition. Entry. 1 p. [C.O. 5, 401, p. 234.]
September 21.
Falkland, St. Johns.
Newfoundland
503 Captain Fitzroy Henry Lee to Council of Trade and Plantations. The time of my sailing from Newfoundland being near, I have herewith enclosed for your information the scheme of the fishery for this year collected in the several harbours in the best manner I am able by myself and the commanders of H.M.'s other two ships of war employed with me on that station. (fn. 1) The fishery for this year, being in a manner ended, has been carried on very quietly and orderly. Enclosed also is a general remain of the stores in garrison at Placentia together with last year's expense signed by the proper officers and a return of Capt. Gledhill's company in the said garrison as he has transmitted it to me.
I have, pursuant to the 7th article of H.M.'s instructions to me, made seizure this year of a small vessel importing some wine, oil and brandy from Lisbon to this port contrary to the intent and meaning of the Act of Parliament of 15 Car. II, and I hope by the Court of Admiralty now established here there will be a stop to the clandestine trade which has been very much carried on in these parts. I have this year no other observations to the several queries of H.M.'s instructions than what I have already transmitted to you the two last years. I shall only mention one thing, that as there has been and may be hereafter some disputes between the officers of the garrison of Placentia and the justices of the peace of the said town in the absence of the men-of-war I believe it would be for H.M.'s service that his pleasure was more fully signified how far the said officers and justices are to interfere with each other. Signed. 1 p. Endorsed, Recd. 9 January, Read 12 January 1737/8. Enclosed,
503. i. Bonds dated August 1737 by the following: Solomon Lombard, Henry Atkins, Bartholomew Penrose, Solomon Davis, John Gorham, Daniel Gorham, Elisha Mayo, Henry Atkins, Obediah Hussey, Silvanus Allin, Bethnal Gardner, Thomas Howes, Reuben Kiley, not to carry men from Newfoundland but those belonging to their own vessels. Endorsed, as covering letter. 9 pp.
503. ii. Return of Capt. Joseph Gledhill's company of foot at Fort Frederick, Placentia, 5 August 1737: 3 officers, 2 sergeants, 2 corporals, 1 drummer, 27 privates, 4 recruits not yet arrived. Total: 36. Signed, Joseph Gledhill. 1 p. Endorsed, as covering letter.
503. iii. Account of stores expended at the garrison of Placentia, 1 August 1736–1 August 1737. Signed, Daniel Campbell, Robert Bradford, Abraham Lake. 1 p. Endorsed, as covering letter.
503. iv. Account of powder etc. expended at same in same period. Signed, Joseph Gledhill, Henry Cope. 11 pp. Endorsed, as covering letter.
503. v. Remain of ordnance and stores under charge of William Sanderson, storekeeper, at Placentia, 1 August 1737. 10½ pp. Endorsed, as covering letter. [C.O. 194, 10, fos. 53–54d 56–84d.]
September 23.
Georgia Office.
504 Benjamin Martyn to Count of Zinzendorff. The Trustees for Georgia have received your letter of 19 August from Herrenhut, occasioned by complaints sent from your domestics in Georgia. Enclosed is an extract from orders sent to Georgia some time before receipt of your letter, whereby it will appear that it never was in the intention of the Trustees that the Moravian Brethren should be obliged to bear arms for it is a fundamental maxim with them to preserve the rights of conscience inviolable within their jurisdiction. Only one man is required for each lot who may be any person fit to bear arms provided he is not a servant. As the Trustees look upon themselves as obliged to defend the province, so they will never attempt to deprive anyone of the liberty of withdrawing from or continuing in it. The colony being under an apprehension of a Spanish invasion, the people were put under arms; the Moravians were required to appear in arms; they justly replied that they were not freeholders but your servants. The Trustees hope that since they have given directions to their officers there will be no occasion of complaint for the future. The privilege of going among the Indians was allowed your people out of regard to you; if they cease to be inhabitants there, it cannot be continued. Upon the whole the Trustees hope that their directions are agreeable to their conversation with you. If you have altered your mind so as not to admit of the freeholder's duty to be done for the two lots (which may be done by any two persons, though they are not Moravians, provided they are freeholders) the Trustees will give your people leave to depart. Entry, 1½ pp. [C.O. 5, 667, fos. 37d, 38.]
September 24.
Boston
505 Governor Jonathan Belcher to Council of Trade and Plantations. The commissioners for settling the boundaries of Massachusetts and New Hampshire met at Hampton, New Hampshire, on 1 August; and after opening their commission adjourned to the 8th of that month, and from thence sat on the affair from time to time till they made out their judgement on 2nd inst. And as I now send you the journal of the house of representatives of Massachusetts, you will there find the specific demands of Massachusetts and New Hampshire, the judgement of H.M.'s commissioners, the resolution of Massachusetts to appeal from the judgement. The assemblies sat at Salisbury and Hampton about five miles from each other; they are to meet again 13th of next month. The commissioners, according to their adjournment, will be at Hampton on 14th when either party will have opportunity to enter their appeal if they finally so determine. Signed. 3½ small pp. Endorsed, Recd., Read 16 November 1737. [C.O. 5, 880, fos. 79–81d.]
September 24.
Boston.
506 Same, to Duke of Newcastle. [In substance, same as No. 505.] Signed. 4 small pp. Endorsed, Recd. 16 December. [C.O. 5, 899, fos. 278–279d.]
September 25.
Hampton Court.
507 Duke of Newcastle to Council of Trade and Plantations. H.M. having appointed William Anne, Earl of Albemarle, to be Governor of Virgjnia) vou are to prepare drafts of a commission and instructions. Signed, Holies Newcastle. ½ p. Endorsed, Recd. 27 September, Read 28 September 1737. [C.O. 5, 1324, fos. 63, 63d, 68, 68d.]
September 28.
Whitehall.
508 Council of Trade and Plantations to Duke of Newcastle, transmitting draft of commission for Earl of Albemarle to be governor of Virginia, with representation thereon, to be laid before H.M. Entry. Signatories, Monson, T. Pelham, R. Plumer, James Brudenell. ½ p. Enclosed,
508. i. Same to the King transmitting the said commission. We are preparing the necessary instructions. Entry. Signatories, as covering letter. 1 p.
508. ii. Draft of the commission. Entry. 19pp. [C.O. 5, 1366, pp. 147–168; original of covering letter in C.O. 5, 1344, fos 37–38d.]
September 28.
Palace Court.
509 Minutes of meeting of Trustees for Georgia. Received, a bank sola bill of exchange at three days' sight for 50l. from the Earl of Derby by Robert whittle for the late Earl of Derby's last payment for encouraging botany and agriculture in Georgia. Received from the bank, receipts for 10l. paid in by Henry Newman and 10l. paid in by Thomas Tower. [See No. 500.] 1 p. [C.O. 5, 687, p. 41.]
September 30.
Whitehall.
510 Alured Popple to Lieut.-Governor Thomas Broughton, transmitting copy of opinion of Attorneyand Solicitor-General on two queries relating to the validity of some laws passed in Carolina between the surrender of the charter and the arrival of Col. Johnson. Entry. 1 p. [C.O. 5, 401, p. 23 5.]
September 30.
Whitehall.
511 Same, to Governor Gabriel Johnston, enclosing copy of opinion of Attorney- and Solicitor-General on two queries relating to validity of some laws passed in Carolina between the surrender of the charter by the Lords Proprietors and the arrival of Capt. Burrington, late governor. Entry. 1 p. [C.O. 5, 323, fo. 131.]

Footnotes

1 This document has not been found.