America and West Indies
January 1738, 1-15

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Institute of Historical Research

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K. G. Davies (editor)

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1969

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1-4

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'America and West Indies: January 1738, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 44: 1738 (1969), pp. 1-4. URL: http://www.british-history.ac.uk/report.aspx?compid=72940 Date accessed: 24 October 2014.


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January 1738, 1-15

January 2.
Boston.
1 William Shirley to Duke of Newcastle. I take the liberty to trouble you with my request that if Mr. Pemberton the present Naval Officer for the province, should be displaced I may succeed him. The reason of my asking this post of you is that Mr. Lyde, son-in-law to Governor Belcher, who was Mr. Pemberton's immediate predecessor in it by the governor's appointment and was removed from that post to let Mr. Pemberton in, embarked a few days ago from this place for England in order to get Mr. Pemberton removed and to regain the post upon an assurance which Mr. Holden of the Bank (who has been for some time soliciting Sir Robert Walpole for this post in favour of the governor) has lately given H.E. in a letter (which he has showed me in order to prevent my application to you for it) that Sir Robert told him he believed he should give Mr. Lyde the post again in a little time; and thereupon Mr. Holden advised the governor to send Mr. Lyde over to solicit for it in person, and he is accordingly gone furnished with proof that Mr. Pemberton obtained the post by an imposition and deceit upon the ministry. Now it seems not improbable that Mr. Pemberton may be dropped upon his being detected in his false pretence of losses unjustly sustained in the French trade, upon the sole merit of which and to reimburse himself he got (as I am informed) Sir Robert Walpole's recommendation of him to you for this post without any personal interest or other pretence of merit, and especially since he has more than reimbursed himself his supposed losses by the enjoyment of his post, I thought it might possibly afford an opening for me to your favour by means of which I already stand recommended to H.M. for some post in the Customs in America within which description the post of Naval Officer comes and is consistent with discharging my duty as advocate-general in this and the two neighbouring provinces. As to Mr. Lyde who is gone to England with a complaint of hardship in being removed from the Naval Office, I can assure you that he has not suffered by the loss of that post, the governor having upon his being displaced given him the post of clerk of the inferior court of Common Pleas for the county of Suffolk in this province which is equal if not superior in profit to the Naval Office and which, H.E. tells me, he is to resign in favour of H.E.'s eldest son here in case he can procure the Naval Office again; otherwise he is to hold it on. The reason why I trouble you with a detail of such minute circumstances is to prevent any misrepresentation from Mr. Lyde of hardship or sufferings sustained by him in the loss of the Naval Office, which it is the chief occasion of his voyage home to endeavour to raise.
I would beg leave to trespass a little further upon you whilst I just mention that Governor Belcher, notwithstanding the Naval Office in other colonies as well as this has been disposed of and filled up by the crown, insists upon the disposal of it here as his right and perquisite and tells me he is determined at all events, let who will oppose him, to recover it by means of Sir Robert Walpole with whom he insists to me the appointment to this post on the part of the crown solely rests; and further to prevent my application to you for it, threatens me with his displeasure if I do, and tells me, if I should succeed, he shall be very troublesome to me. And I mention this only as a foundation for me to beg the favour of you, in case you should think proper to confer this post upon me, that the grant may be during good behaviour or (if that is too great a favour for me to ask) during my holding the post of H.M.'s advocate-general, for my services in which I stand recommended to H.M. for some post of profit, that I may not be left in a situation which may expose me to the ill-usage of this or any future governor, and as your favour and patronage are my greatest honour as well as my chief dependance for the comfortable support and wellbeing of my family, I beg your continuance of them to me. Signed. 3½ small pp. [C.O. 5, 899, fos. 323–324d.]
January 5.2 Certificate by Governor Richard Fitzwilliam that the following accounts were examined, passed in council and sworn to by William Stewart, receiver-general and treasurer. Account of duty inwards imposed by Act of assembly in the Bahama Islands, midsummer 1737-Christmas 1737. 10 ships. Duty: 50l. 14s. Account of same outwards for same period. 23 ships. Duty: 96l. 4s. Account of arrears of taxes for same period: 14l. 11s. 7d. Account of contingent charges for same period: 62l 2s. 4½d. Account of H.M.'s revenues in the Bahamas for same period. Receipts: 447l. 9s. 10½d. including balance from last account of 286l. 0s. 3d. Disbursements: 131l. 6s. 4½d. Balance remaining: 316l. 3s. 6d. Signed, William Stewart. Certified by Richard Fitzwilliam. 5 pp. Endorsed, Recd, from Governor Fitzwilliam 9 January, Read 18 January 1738/9. [C.O. 23, 4, fos. 51–54d.]
January 6.
Gravesend.
3 Harman Verelst to Thomas Causton. There were shipped on the Amey two boxes for the Salzburghers at Ebenezer and on the Lightfoot two casks for William Rigden at Savannah which will be delivered to you. The mate's receipt for the first Col. Cochran has, being shipped with copper halfpence for the regiment, and for the two casks the quartermaster has the mate's receipt. Rev. Mr. Whitefield on board the Whitaker with Mr. Tolly and Mr. Habersham, his assistants, are going to Frederica; his said assistants are for instructing the children, and when Mr. De La Motte shall go to England to see his friends one of them will supply his absence. Mr. Tolly and Mr. Habersham are to be supplied for one year with provisions [particulars given]. Joseph Husbands, Mr. Whitefield's servant, and John Doble, servant to Mr. Charles Wesley, are each to be supplied for one year with provisions [particulars given]. As to what provisions Mr. Whitefield may want, you are desired to supply him with them at prime cost and place it to his account; and to communicate the foregoing to the storekeeper at Frederica. Entry. 1 p. [C.O. 5, 667, fo. 52.]
January 6.
Nore.
4 Same to same, informing him of the arrangements for subsistence of Mr. Whitefield, Mr. Habersham, Mr. Tolly, Husbands and Doble, in their passage to Georgia. Entry. ½ p. [C.O. 5, 667, fo. 52d.]
January 7.
Whitehall.
5 Duke of Newcastle to Governor William Mathew enclosing copies of letter from Commissioners of Customs and of memorial of Mr. Arbuthnot, their collector in Antigua, setting forth his great difficulties in getting possession of certain lands in Tortola which he purchased of the crown, the same having been seized by extent towards satisfying a debt to the crown from the late collector. You are to give the most effectual orders and best assistance, according to law, to Mr. Arbuthnot for being admitted to possession. Entry, ¾ p. Enclosed,
5. i. Custom House, London, 10 December 1737. Commissioners of Customs to Duke of Newcastle asking for orders to be issued to put Mr. Arbuthnot in possession of lands in Tortola. Entry. Signatories, Robert Corbet, J. Evelyn, Robert Baylis, R. Chandler, 1 p.
5. ii. London, 7 December 1737. Petition of Robert Arbuthnot to Commissioners of Customs setting forth the difficulties of his case. There is no court of justice in Tortola. Entry. 3 pp. [C.O. 324, 37, pp. 103–107; draft and copies in C.O. 152, 44, fos. 126–131d.]
January 10.
Frederica.
6 Thomas Hawkins to Harman Verelst enclosing for the Trustees an invoice of drugs necessary for the several persons employed in their service in this southern division of Georgia. I have but few drugs that are of use here, having had great demands of late. I have been very sparing in the quantity, having found a great decay in the quality of medicines by keeping them (though but a short time). Please inform the Trustees that I have lost but two patients at Darien since my last to you, notwithstanding scarce one has escaped an illness and many yet remain in a doubtful way. The people at St. Andrew's are much better and we have none ill at Frederica. Signed. 1 p. [C.O. 5, 640, fo. 38.]
January 11.
Palace Court.
7 Minutes of meeting of Trustees for Georgia. Read letter from William Stephens of 26 October 1737, Charleston, giving an account of his safe arrival there. ½ p. [C.O. 5, 687, p. 53.]
January 11.
Georgia Office.
8 Harman Verelst to Thomas Causton by Whitaker, Capt. Whiting. The Trustees have sent you sola bills for 2650l. since August 1737 for the supply of the colony to Lady Day next. They have received the following certified accounts since 14 December last which these sola bills would have answered, vizt. (dates when certified) 15 July 1737, David Provoost, for provisions, 43l. 16s. 4d.; 10 August, Thomas Ware, for provisions, 226l. 4s. 9d.; 20 September, James Searle, for pettiaugua hire, 62l. 17s. 1d.; 28 September, Benjamin Appelbe, for provisions, 138l. 12s. 11d.; 29 September, William Vanderspiegel, for provisions, 293l. 3s. 11d.; 2 October, Capt. James Macpherson, for pay of rangers at Ft. Argyll, 425l. 0s. 4d.; 4 October, Samuel Montaigut & Co., for provisions, 166l. 3s. 11d.; 14 October, Capt. Aeneas Mackintosh, for pay etc. at Ft. St. George and expenses for Indians, 221l. 10s. 6d.; 17 October 1737, Robert Ellis, for provisions, 384l. 7s. 10d. Total, 1961l. 17s. 7d. They have therefore sent back the said certified accounts to be paid by you in Georgia, for the Trustees having appropriated money to answer their sola bills cannot apply it in any other manner. They therefore give you notice thereof that you may reserve sola bills for that purpose. No more bills of parcels or certified accounts for provisions or necessaries bought in the colony or for money due or to grow due there will be paid in England. All expenses and charges of the colony in America must be defrayed with the Trustees' sola bills to be issued there and must be limited to the amount of such bills from time to time as they shall be sent. Entry, 1½ pp. [C.O. 5, 667, fos. 52d-53.]
January 11.
Whitehall.
9 Council of Trade and Plantations to the King, recommending John Rindge to succeed Benjamin Gamlin, deceased, as member of the council of New Hampshire. Entry. Signatories, James Brudenell, Monson, R. Plumer, T. Pelham. 1 p. [C.O. 5, 917, fo 106; draft in C.O. 5, 896, fos. 92–93d.]
January 12.
St. James's.
10 Order of King in Council, approving draft commission to Alured Popple to be governor of the Bermuda Islands with alteration of title to governor as proposed in representation of Council of Trade and Plantations of 25 October 1737. Signed, W. Sharpe. Seal. 1½ pp. Enclosed,
10. i. Commission to Alured Popple to be governor of the Bermuda Islands. Draft, 21 pp. [C.O. 5, 197, fos. 3–16d.; copy of order in C.O.37, 13, fos. 45, 45d, 49, 49d.]
January 12.
St. James's.
11 Same, approving an Act made in New York in 1734 for the partition of land in Duchess County granted to Sampson Broughton and others. Copy, certified by W. Sharpe. 1¼ pp. Endorsed, Recd. 28 March, Read 13 April 1738. [C.O. 5, 1059, fos. 41, 41d, 44, 44d.]
January 12.
St. James's.
12 Same, approving report from Committee for Plantation Affairs and drafts of instructions for Edward Trelawny, governor of Jamaica. The names of Edward Charlton, Henry Dawkins, William Gordon and Temple Laws are omitted from the list of councillors, they having lately withdrawn therefrom. The governor is to enquire into this matter and is empowered to reinstate the four members. The name of John Stewart is inserted in the list of councillors in place of William Needham, resigned. The other instructions appear to be the same as those given to the late governor except the 13th article of instructions relating to trade and navigation inserted at the request of the Commissioners of Customs. Signed, W. Sharpe. Seal. 2½ pp. Enclosed,
12. i. Additional instruction for Governor Trelawny to enquire into taxes on Jews. See No. 14. Draft. 1½ pp.
12. ii. General instructions for the same. Draft. 63 pp.
12. iii. Instructions for the same relating to trade and navigation. Draft. 31 pp. [C.O. 5, 196, fos. 234–286d; copy of order, endorsed Recd. 28 March, Read 13 April 1738 in C.O. 137, 22, fos. 182–184d.]
January 12.
St. James's.
13 Same, on a report from Committee for Plantation Affairs, confirming an Act passed in Jamaica in May 1736 for introducing white people into the island. Copy, certified by W. Sharpe. 1½ pp. Endorsed, Recd. 28 March, Read 13 April 1738. [C.O. 137, 22, fos. 185–186d.]
January 12.
St. James's.
14 Same, approving report of Committee for Plantation Affairs [see A.P.C., Colonial Series, 1720–45, pp. 487–488] on a petition against extraordinary taxes laid upon the Jews in Jamaica. Governor Trelawny is to enquire into the matter and in the meantime not to give his assent to any such laws. The following additional instruction is approved. Copy, certified by W. Sharpe. 2¼ pp. Endorsed, Recd. 28 March, Read 13 April 1738. Enclosed,
14. i. Additional instruction mentioned in the order. Draft. 1½ pp. [C.O. 137, 22, fos. 177–179d.] [Order, signed by W. Sharpe and sealed, in C.O. 5, 196, fos. 291–292d.]
January 12.
St. James s.
15 Same, approving an Act passed in Virginia in October 1734 for docking the entail of certain lands in the counties of Gloucester and Elizabeth City and vesting the same in Henry Wills. Copy, certified by W. Sharpe. 1¼ pp. Endorsed, Recd. 28 March, Read 13 April 1738. [C.O. 5, 1324, fos. 123–124d.]
January 12.
St. James's.
16 Same, approving draft instructions for the Earl of Albemarle, governor of Virginia. The instructions are conformable to those to other governors except leaving out the 14th article relating to salary of assemblymen, the same being settled by an Act passed in Virginia in 1730. Signed, W. Sharpe. Seal, 2 pp. Enclosed,
16. i. Instructions for Earl of Albemarle, governor of Virginia. Draft. 68 pp.
16. ii. Instructions to the same relating to trade and navigation. Draft. 32 pp. [C.O. 5, 196, fos. 162–217d; copy of order, endorsed Recd. 28 March, Read 13 April 1738 in C.O. 5, 1324, fos. 126, 126d, 130, 130d.]
January 12.
Havana.
17 Governor of Havana to President of Jamaica, replying to letter of 5 December last concerning English vessels taken by guardacostas. In that act no hostility has been committed for by the affidavit and process thereon (which I have transmitted to the king of Spain) appears sufficient cause for their capture by the actual transgression in which they were found of having a part of their cargoes of Campeachy wood, a trade only belonging to the subjects of the Spanish king and the royal asiento, and to no other. I am sorry you should do me so little honour to propose the pacific and amicable restitution of the ships with their crews, cargoes and damages, rather than oblige you to use violence in return for violence. In this you entertain an opinion and give for granted what there is no ground for nor could my honour allow of. The question being now sent to the king, I can do nothing to release the ships until I received orders. I have received no answer to a letter of two years past concerning a lieutenant of a perriagua at Manzanillo who was handed over by an English captain to a Dutch frigate and there whipped to death and thrown overboard. The captains and crews of English ships taken as prizes were put on board the ships Fuerte and Conception at their own requests and sailed for Europe in November last. They were used here with all regard. Copy, of translation. 2½ pp. Endorsed, copy sent to Mr. Keene, 12 April 1738. [C.O. 137, 56, fos. 85–86d.]
January 13.
Whitehall.
18 Order of Committee of Council for Plantation Affairs referring the enclosed to Council of Trade and Plantations for consideration and report. Signed, W. Sharpe. Seal. 1½ pp. Endorsed, Recd., Read 17 January 1737/8. Enclosed,
18. i. Petition of Benjamin Johnson and William alias Billy Johnson of Antigua to the King. During the enquiry by John Vernon, Ashton Warner, Nathaniel Gilbert and Robert Arbuthnot into the slave-conspiracy in Antigua, petitioners were almost constantly under arms guarding the prisoners, and were never at that time accused of being party to the conspiracy. Only during the later enquiry by Valentine Morris, Josiah Martin, Henry Douglas, Benjamin King and Thomas Watkins, were they accused and then by slaves under sentence of death and not pardoned. Because by the laws in that island the testimony of slaves is not admissible as evidence against freemen an Act of attainder was passed against the petitioners, suspended till H.M.'s pleasure should be known. Petitioners represent the inconveniences arising from allowing slave-testimony against freemen: in this case the testimony not only comes from slaves but arises chiefly from persons under sentence of death, one of whom had been for several hours fastened to a gibbet to starve to death, under which circumstances it may be supposed he would have accused anyone. The bill of attainder was passed by a majority of only one or two voices; if the attorney-general of Antigua and another member who was sick had been present the bill would not have been committed. Petitioners have never shown any inclination to rebellion but have done their duty in the militia and paid their taxes; it is scarcely credible they would have sacrificed their substance by becoming party to a design which must have reduced them to a level with if not in subjection to their own slaves. They pray that royal assent to the bill may be denied and some relief extended to them. Copy. 5½ pp. [C.O. 152, 23, fos. 68–72d.]
January 13
Whitehall.
19 Duke of Newcastle to Council of Trade and Plantations directing that drafts of commission and instructions be prepared for Lewis Morris senior, appointed governor of New Jersey in the room of Lord Delawarr. Signed, Holles Newcastle. 1 p. Endorsed, Recd. 14 January, Read 17 January 1737/8. [C.O. 5, 973, fos. 106, 106d, 109, 109d.]
January 14.
London.
20 Andrew Millar to Harman Verelst enclosing copy of his brother's letter received this day. I suppose the Board will make no objection to the payment of his salary to Christmas last, there being then half a year due. Signed. ¼ p. Enclosed,
20. i. Robert Millar to Andrew Millar, Port Royal, 28 October 1737, giving an account of his long illnesses and his waiting for a ship for Vera Cruz. Copy, ¾ p. [C.O. 5, 639, fos. 415–416d.]
January 14.
Savannah.
21 Thomas Causton to Trustees for Georgia. Capt. Thompson arrived here 16 November with whom came the several servants and passengers as per list enclosed. Having sent the 40 servants whom you particularly ordered for the Darien, in further pursuance of your orders I also sent thither the chiefest part of those other servants which the captain brought at the owners' risk, the particular dispositions of which are enclosed. I also enclose accounts of the stores which I have received of him as shipped either in England or Scotland. Mr. Hossack having by his letter (copy enclosed) recommended Mr. John Broadie as a settler in this province, I have endeavoured to accommodate him in the best manner I could. He has brought with him..... (fn. 1) servants. He is settled in a new village on the western road which had been ordered to be set out before Mr. Oglethorpe left this place. As he was not able to answer to the captain the charges of their passage, they are included among the number of servants shipped at the owners' risk, for which I have given my receipt to the captain; I have therefore their indentures and he agreed that six of them should be employed in your service, the pay of whom is to answer in his account for said passage and such other necessaries as I shall be obliged to supply him for his further support in the cultivation of his land, those six having been hitherto employed on the roads. He seems a very sober man and with the remainder of his servants is very diligent in his improvements on his settlement.
Mr. Warwick who arrived by the same ship with a grant of 50 acres of land at or near Savannah has made his choice to settle in the same village with Mr. Broadie and seems very industrious. At his arrival he complained that the tediousness of the voyage had occasioned him to be at great expense whereby he was much straitened in his circumstances; I thought therefore (as it was necessary and might be an encouragement to his industry) it would not be disagreeable to you if I assisted him, the immediate expense of which is charged in Capt. Thompson's account, and I have further promised to credit him with provisions and necessaries so long as he continues his industry in the cultivation of his land. Mr. George Foster who came by the same ship had indented to himself three other servants from Scotland: he delivered me your orders for a 50-acre lot at Frederica, in obedience to which I proposed to him an immediate passage thither with two servants that were indented to him in England and that as he could not pay for the other three servants they should be employed in your service and thereby to clear their own passage and what remained due for the servants which he had brought from England as also such further credit as he would necessarily want at Frederica for his support. Whether by falling into ill company or through a want of a proper resolution or both, I could not bring him to any certainty; he wanted two of the servants which he had brought from Scotland (a man and his wife) and one of those which he brought from England to have gone with him and to have left me one man and one woman. As I found his thoughts set upon experiments only and that he was of too volatile a temper to make any considerable progress, I thought it necessary to consider how far the security to be left in my hand would be able to answer for the credit given him and therein finding that besides the present expense of 40l. for the passages of his servants there would be within the compass of a year (with the utmost frugality) 40l. more, which also might be doubled should he also live in the same manner as some others have done, concerning which I had little reason to expect otherwise, I therefore advised him to adhere to those measures only which he set out with from England, to quit his claim to those servants he had shipped at Scotland since as they were two women and but one man they would be an incumbrance to him, and so proceed to Frederica with his two English servants where he should be supported as necessity required, he repaying the store there in soap or such other commodities as he should make. But an indolent, uncertain humour has too much prevailed with him; he fell in company with Mr. Paris and some other of the Carolina people whom I am informed gave him an invitation thither and he accordingly left the two English servants in my service and has made a tour thither.
Mr. Thomas Upton, who also with his wife arrived by the same ship, had procured five servants to be indented to him in Scotland. At their arrival he delivered me a letter containing your orders that he should have 150 acres of land set him out at the southward; I forwarded him as soon as possible to Frederica and acquainted Mr. Horton that he had such grant. He also complained to me as Mr. Warwick had done, and for the same reasons was unable to pay the passage of those servants he had so indented. Believing it my duty to facilitate everyone's affairs who seemed desirous to succeed well in their undertakings, his five servants are also included in the number of those at the owners' risk and for his immediate assistance sent with him two men and one woman servant; and he agreed that, in regard to the credit of the passage of the five servants and such other necessaries which he stood in need of beyond the sum of 30l. which his friends were to pay to you, the other two servants should be left here and employed in your service. I therefore sent them to the sawmill at Ebenezer. Mr. Horton having since informed me that Mr. Upton has made some progress on his settlement and seemed to be very industrious, I have at his request sent his two other servants to him.
The several servants and goods (as per copy of invoice) sailed for the Darien from this place 23 November and Mr. Upton and Samuel Smallwood sailed for Frederica the 25th, and I have advice from the respective places that they all arrived safe and in good health. Lieut. Mackintosh has been since here and has delivered me his account of stores. As I found it necessary to put it in some other form to make the account plain and complete, I advised him in what manner it should be done and I expect that he will return it me by the messenger who is now there. Capt. Thompson has given me an account of the great sincerity and diligence with which Mr. Hossack has behaved notwithstanding the opposition he met with, of which I make, no doubt but you are sufficientlyacquainted. But I hope I may be excused from saying anything particular at a second hand which he is able to inform you of himself. As I am sensible the steady execution of justice adds much to the reputation of any country, I shall not fail to have a strict regard to that part of it where servants may be at any time concerned, and as I am sensible myself that no servants can be by any means acquired if they are ill-treated, I shall take care to promote the same opinion in others. Signed. 2½ pp. Endorsed, Recd. and Read 12 April 1738. [C.O. 5, 640, fos. 39–40d.]
January 15.
Cape Fear.
22 Governor Gabriel Johnston to Council of Trade and Plantations. I have sent over a full representation of the state of this colony from its first settlement to the present time to the Lords of the Committee of the Privy Council for Plantation Affairs, which I don't doubt will of course be laid before you. I must therefore beg that you would determine the points therein contained as soon as possible, the confusions in this province being much increased by the suspense we have been kept in for more than two years with regard to the blank patents and the validity of their laws. I must once more observe that if the laws made by the people and not confirmed by the late proprietors can affect H.M., his rights and revenues, this colony will be more independent of the crown than Rhode Island. Edmund Porter, a member of the council, being lately dead, I recommend James Murray to fill up that vacancy. Signed. P.S. I have transmitted the copies of three laws proper to be repealed if you please. 1¼ small pp. Endorsed, Recd, from Mr. McCulloch, 20 December 1738, Read 10 January 1738/9. Enclosed,
22. i. An Act to direct disposal of goods upon execution; an Act to prevent disputes concerning lands already surveyed; an Act entitled Staple Commodities Rated. Copies. 5½ pp. Endorsed, Recd. from Mr. McCulloch, Read 10 January 1738/9. [C.O. 5, 295, fos. 134–139d.]

Footnotes

1 Blank in MS.