America and West Indies
March 1738

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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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43-59

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'America and West Indies: March 1738', Calendar of State Papers Colonial, America and West Indies, Volume 44: 1738 (1969), pp. 43-59. URL: http://www.british-history.ac.uk/report.aspx?compid=72943 Date accessed: 21 September 2014.


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March 1738

March 1.
Antigua.
85 Governor William Mathew to Alured Popple. I have been informed a French guarde de côtes chased and took close to the town of Old Road in St. Christopher's, since I left that island, an English sloop, and that an English sloop or schooner but just saved herself by getting under the battery. The president of that island has given me no account of it, but by the letter of the governor of St. Eustatius (copy enclosed) there must be some truth in the report and some other seizure made by them of which as yet I know nothing. Their dispensing with their king's edict at pleasure is evident from this letter. I pray you lay these before their lordships. Duplicate, original since received. Signed. 1 small p. Endorsed, Recd. 19 April, Read 20 April 1738. Enclosed,
85. i. Governor of St. Eustatius to Governor Mathew, St. Eustatius, 20 February 1738. I have received your letter of 5 January and taken notice of the reasons why you cannot reimburse the inhabitants of this island. I have informed my masters who will determine it with the king of Great Britain. As for the account of Sieur Germa not being found with the others in French, you have only to look at those I sent you at St. Christophers' and you will find it already in French. You will know what has happened with two French guardes de côtes in your neighbourhood. I do not know why steps are not taken to remove them, but I think that that would help to make your case a strong one in Europe against the French who otherwise will become as bold as the Spaniards. I have no news from Europe. You will already know of the burning of Martinique: it is rumoured that the French have made a decree whereby the English from the north may bring materials for rebuilding destroyed houses. It would be up to you to forbid this. French. Copy, certified by William Mathew. Signatory, J. Faesch. 1 p. [C.O. 152, 23, fos. 125, 125d., 128–129d.]
March 1.
Savannah.
86 Thomas Causton to Trustees for Georgia, enclosing account of stores received on arrival of Thomas Stephens on 21 December, as also names of passengers who came with him, among them Isaac Gibbs, being desirous to live near John Amory with whom he seems to have contracted an intimacy, has waived his settling at Abercorn and is settled with Amory on a spot of land lying between Tomo Chachi's land and that intended to be granted to Joseph Watson. As Mr. Gibbs had brought with him sundry goods which he hopes to dispose of to advantage, I have (till such disposal can be) credited him with necessaries for himself and family, being not otherwise in his power so to do; whereby he is enabled and has begun to cultivate his land. Mr. Amory and he are both well pleased with their situation, but Samuel Wathey did not arrive here of which I have taken notice in my journal. The servants sent by the Three Sisters were put into employ according to the enclosed lists to wait the arrival of Gen. Oglethorpe according to your orders, whereby you will perceive I have literally executed them. But I think it my duty at the same time to acquaint you that had not Mr. Bradley received your orders to demand them of me, exclusive of those which you particularly ordered to be employed at the store, crane, gardens, sawmill, and for Capt. Gascoigne, I should not have put them under his care; whereby it would have been in my power to have made other savings than there is at present any probability of making. My reasons for making this observation to you are as follows: Mr. Bradley has not nor does regard the cultivation of your farms pursuant to his contract or proposals to Mr. Oglethorpe in any degree but contrarywise is putting you to immense and unnecessary charges by daily purchasing materials, hiring workmen, receiving provisions and clothing for servants and self under pretence of your service and at the same time applying them to his own particular benefit whilst he lets his own servants to hire. That these expenses may particularly appear I herewith enclose his account under such heads as might appear to you most intelligible, in which I should have been more particular could I in any shape have induced him to have joined with me in an explanation. But instead thereof I am daily pestered with accounts of his clamours in all his conversations, reflecting upon you for owing him 5 or 600l. sterling and upon me for not paying it, with many other things of much the same nature, the particulars of which (as far as I could from time to time recollect) are set forth in my journal. This behaviour of his is the more grievous to me and intolerable with regard to you by reason I have constantly complied with many of his requests in compassion to stories which he has from time to time related concerning the circumstances of his family. I am sorry to say that after all this extravagant and insufferable behaviour he has never employed nor suffered anyone of the German families to work on any of our farms but has employed them wholly on a 5-acre lot belonging to one of his sons, sometimes pretending that he wants roads to be made to them and at others that he wants more farms to be set out, although there are not 20 acres of the first farm yet cultivated. Concerning this particular he has made great complaints against Mr. Jones the surveyor, but as Mr. Jones removes these complaints from time to time by doing everything he requires (of that kind) he is now with[out] such an excuse.
The rumours concerning Spanish claims and intentions against Georgia continue to be very industriously spread here both by speaking, writing and printing. But the measures which H.M. has taken by giving his commission to Mr. Oglethorpe and ordering a regiment to protect his subjects in their possessions and the daily expectation of the arrival of part of them under a lieut.-colonel convinces the people that the colony will be effectually supported. As the obtaining this protection is an instance of your unwearied endeavours for the people's safety, the invidious doubts (by the colony's enemies) must consequently cease and the people with one consent allow that their civil privileges and liberties will be also preserved and not fail so to behave themselves towards our protectors as to demonstrate the sense we have of the obligations we are under to H.M. for his particular care.
Mr. Robert Hay being gone to Carolina, I have given him notice that his grant is arrived. Messrs. Crockatt and Seaman of Charleston have sent me (pursuant to your orders) ten pieces of osnabrigs containing 1,070 yards for which I have given them a receipt which is set forth (among other things) in the invoice mentioned to be received 31 January. Capt. Daubuz arrived here 16 January and delivered me your orders dated 12 October, as also the several stores as mentioned in the enclosed account to which is subjoined the passengers' names who came by said ship. I received your orders by Capt. Ayres dated 5 November last by way of Charleston on 31 January together with the several particular stores etc. according to the enclosed account. Agreeable to these I took the first opportunity of acquainting Mr. Bradley that I had received particular instructions relating to the German servants which I was ordered to communicate to them, so desired him to let me know when it would be most convenient for those under his care to come to me. He seemed to set a time, but as they did not come accordingly (by what means I know not) I was prevented from telling them my instructions till I sent for them by another hand which was not till 8 February. On which occasion they were well pleased and very thankful for your care towards them. They desired some little additions to be made to their stipulated allowances which, in consideration of the continuance of their diligence and that they might be easy in your service and to raise their desire of settling in the colony, I complied with as is particularly mentioned in my journal. Since this, some of the said servants have received of me their passage money according to Messrs. Hope's receipts. Several families of them have (as they allege) through Bradley's ill treatment procured themselves masters who have answered to you in account for their respective passages, and have made fresh agreements more to their satisfaction; the particulars of these alterations (when the six weeks is expired) shall be transmitted. Immediately on receipt of these last mentioned orders I acquainted Mr. Burton that I was directed to assign over the indenture of John Evan to him on his paying me 6l. 5s. sterling for your use. He at first seemed doubtful whether he would trouble himself about it, but he is now endeavouring to raise it. I have acquainted Mr. West of his promissory note but his present circumstances are in such a situation that it is with great difficulties that I can preserve him from being torn to pieces by others; and on this occasion I must repeat that your particular directions for regulating credit and suing for debts which you promised by your secretary in his letter dated 7 March 1736/7 are much wanted, daily instances occurring that many people to gratify their revenge for trifling injuries seek each other's destruction, particulars of which will appear in my journal.
Mr. William Harris died here in August last leaving behind him a widow and one child. As it will appear in my journal that I have as occasion offered resented his ill conduct here and in compassion to his necessities forgave it, I would certainly have dismissed him from all other further services (according to your commands) had he been alive when they arrived; not will I at any time countenance the least ill behaviour in anyone.
As I shall close all establishments to 25 March next I shall diligently observe your orders with regard to Frederica and Darien by allowing the quantity of flour, rice or corn, as is therein mentioned. George Sauftleaver, who by the recommendation of Mr. Bolzius has undertook to deliver this at your office with his own hands, is an inhabitant of Ebenezer, and as Mr. Bolzius informs intends to proceed to Germany with letters from all the inhabitants to their respective friends advising them of their happy situation and inviting others to apply to you that they might come to them. Vessels from the northward frequently arrive here with provisions, and as it might be necessary as well to keep the market low as to give encouragement for their coming when they may be more wanted, I have hitherto bought such parts of their loading (with regard to common food) which they cannot sell among the people. Upon these terms they readily tarry, being well contented with my certificate to their accounts for payment. By this means the colony is past danger of wanting necessaries, the establishments are in some measure discharged by the issues, and a saving will evidently appear by the usual advance of the prices. Though this occasions much trouble and renders accounts voluminous, it supplies those deficiencies which will appear on the making up the several heads of limited expenses till you can complete your orders and ascertain your several establishments. Signed. 3 pp. [C.O. 5, 640, fos. 63–64d.]
March 1.
Palace Court.
87 Minutes of meeting of Trustees for Georgia. Received two tubs containing 1000 vine plants, benefaction of Charles King of Brompton for Georgia. Ald. Cater resigned from his office of Common Councilman. Read, a letter of resignation as Common Councilman dated 1 March from Rev. Dr. Bundy. 2 pp. [C.O. 5, 687, pp. 58–59.]
March 2.
Whitehall.
88 Council of Trade and Plantations to the King. On 7 October 1736 Chaloner Jackson, collector of Customs in the Bahama Islands, laid before us a petition containing several grievous complaints against Governor Fitzwilliam together with several affidavits in support thereof, whereupon we sent copies thereof to the governor requiring his answer. On 28 September last we received the answer together with such affidavits and other proofs as he thought fit to transmit for his justification. The said petition and answer are hereunto annexed.
Some time after, the agents of the governor and the petitioner were heard by counsel on the matter of the said complaints. We shall not trouble you with the detail, but it appears to us that the governor has been concerned in several branches of foreign trade and that there is also very strong reason to believe that he has been concerned in keeping shop for retail trade which was carried on for his profit in another person's name within the island of New Providence to the great discouragement of other traders; that he beat the petitioner for refusing to give a certificate that certain goods had been legally imported into the Bahamas whereas it appears to us by a certificate from your Custom house here that no such goods were legally exported or had any cocket from the port of London from whence the ship in which they were carried was cleared; that the goods in question were originally charged to have been imported on the governor's account but a prosecution was afterwards set on foot against the collector in the name of one Keowen for refusing such certificate and judgment with excessive damages obtained thereupon, to the ruin of the petitioner, though it does not appear to us that Keowen has any property in the said goods; that by reason of this ill-usage the collector was unable any longer to do his duty there and obliged to fly to England for refuge and redress; that in a cause depending between you and one Lawford and Petty for the forfeiture of a navigation bond, there happened a difference in opinion between the chief justice and the assistant judge (who was likewise Naval Officer), the chief justice declaring the said bond ought to be delivered up because the person prosecuted had produced a certificate from the Custom house here that the condition of the said bond had been complied with, whereupon the court was adjourned for some days and the chief justice dismissed from his office, pendente lite, chiefly for discountenancing suits upon navigation bonds, though it seems to us that his opinion on this occasion was both just and reasonable. These are some of the most material complaints contained in Mr. Jackson's petition which in our opinion are sufficiently supported. There remain likewise several other particulars upon which we can form no judgment from the uncertain and contradictory evidence laid before us. Entry. Signatories, Monson, T. Pelham, M. Bladen, R. Plumer. 4½ pp. [C.O. 24, 1, pp. 320–325.]
[March 2.]89 Attorney-General and Solicitor-General to Council of Trade and Plantations. We have considered the two Acts of North Carolina, the annexed answer to certain queries, and clause 83 of the general constitution, and are of opinion that the Acts are not binding on the crown or people. Signed, D. Ryder, J. Strange. 1 p. Endorsed, Recd., Read 22 March 1737/8. Enclosed,
89. i. Act additional to Act entitled Staple Commodities Rated, passed in 1723. Copy. 2 pp.
89. ii. Act entitled Staple Commodities Rated, passed or rather revised in 1715/6. Copy. 2¼ pp.
89. iii. Answer to queries on these Acts. Copy, of No. 108. 2¼ pp. [C.O. 5, 295, fos. 124–131d.]
March 3.
Whitehall.
90 Duke of Newcastle to Council of Trade and Plantations, directing that drafts of a commission and instructions should be prepared for Samuel Horsey, appointed governor of South Carolina. H.M. having some time since appointed James Oglethorpe to be general and commander-in-chief in South Carolina and Georgia, and Samuel Horsey being appointed to command the forces in South Carolina under Mr. Oglethorpe as lieut-general, clauses are to be inserted proper for this purpose. Signed, Holles Newcastle. 1 p. Endorsed, Recd., Read 6 March 1737/8. [C.O. 5, 366, fos. 44–45d.]
March 3.
Admiralty Office.
91 Josiah Burchett to Thomas Hill. H.M.S. Chatham under command of Capt Philip Vanbrugh being designed this year for Newfoundland and the Guarland, Capt. Watson, for Canso, such heads of enquiry as the Commissioners of Trade and Plantations shall think proper should be sent hither as soon as conveniently may be. Signed. 1 p. Endorsed, Recd., Read 6 March 1737/8. [C.O. 194, 10, fos. 85, 85d, 88, 88d.]
March 7.92 Council of Trade and Plantations to Duke of Newcastle, enclosing draft of general instructions and those relating to Acts of Trade for Governor Alured Popple of Bermuda Islands, with representation thereon. Entry. Signatories, Edward Ashe, R. Plumer, Monson, M. Bladen. 1 p. Enclosed,
92. i. 7 March. Same to the King. We have made no alteration from the instructions to Capt. Pitt, but we have added all such general instructions given to the other governors in America since that time. We have inserted the names of nine councillors instead of twelve, not being at present well-informed of the characters of persons proper to supply the three vacancies. As soon as we receive a list from the governor of persons qualified to serve we shall recommend them to you. Entry. Signatories, as covering letter. 2 pp.
92. ii. Draft of instructions for Governor Popple. Entry. 80 pp. [C.O. 38, 8, pp. 212–294; original of covering letter in C.O. 37, 26, fo. 207.]
March 7.93 Francis Fane to Council of Trade and Plantations, replying to enquiry whether by H.M.'s 36th instruction to Governor Belcher, the lieut.-governor of New Hampshire during the absence of the governor from New Hampshire, though he is in his other government of Massachusetts, is entitled to a moiety of the salary, perquisites and emoluments which should otherwise become due to the governor. I am very clearly of the opinion that the lieut.-governor, during the absence of the governor in Massachusetts or upon the service particularly mentioned in the said instruction, will not be so entitled. But I am as clear in my opinion that if there had been no alteration in Governor Belcher's instruction from that formerly given to Governor Burnet, the lieut.-governor of New Hampshire would have been entitled to a moiety of the governor's salary during his absence anywhere unless upon the service particularly mentioned in the said instruction. Signed. 1 p. Endorsed, Recd. 7 March, Read 8 March 1737/8. [C.O. 5, 880, fos. 232, 232d, 237, 237d.]
March 7.
St. James's.
94 Royal warrant to Lieut.-Governor William Gooch to appoint Edward Barradal attorney-general of Virginia in the room of John Clayton, deceased. Entry. 1½ pp. [C.O. 324, 50, pp. 113–114.]
March 8.
St. James's.
95 Order of King in Council on report of Committee for Plantation Affairs, directing that the ordnance and stores mentioned in the enclosed should be sent to Jamaica as soon as conveniently may be, the Duke of Argyle to give the necessary directions. The expense thereof is to be an article in the next estimate prepared by the Board of Ordnance for Parliament. A store-keeper is to be appointed to have care of the said ordnance. Copy, certified by James Vernon. 2 pp. Endorsed, Recd. 18 May, Read 31 May 1738. Enclosed,
95. i. List of iron ordnance, ordnance stores and implements necessary for the security and defence of Jamaica, with costs. Principal items: 52 iron ordnance, 24pounders, 2,600l; carriage, trucks, beds, etc. for the same, 650l.; 1,000 muskets with bayonets, 1,000 cartouch boxes and 1,000 pistols, 2,420l. 16s. 8d.; tools for opening roads and building barracks, 845l.; freight, 936l. Total: 8,206l. 3s. 8d. 3 pp. [C.O. 137, 22, fos. 188–191d.]
March 8.
St. James's.
96 Same, directing the governor of Jamaica to appoint the store-keeper mentioned in No. 95, to be sent to Jamaica, to issue such stores only upon the signed order of the governor, and to be accountable to the Master-General and principal officers of H.M.'s ordnance. Copy, certified by James Vernon. 1½ pp. Endorsed, Recd. 18 May, Read 31 May 1738. [C.O. 137, 22, fos. 187, 187d., 192, 192d.]
March 8.
St. James's.
97 Same, approving report from Committee of Council that, in the dispute about English and French ships seized, the Earl of Waldegrave should be directed to propose mutual restitution of the Scipio and Fleuron; and that security taken by Governor Mathew for the Fortune should be delivered up. Signed, James Vernon. Seal. 2 pp. Endorsed, Copy sent to E. Waldegrave, 12 April 1738. [C.O. 152, 40, fos. 312–313.; another copy at fos. 314–315d.]
March 8.
Palace Court.
98 Minutes of meeting of Trustees for Georgia. Lord Carpenter, Lord Talbot and Aid. Heathcote resigned from their offices of Common Councilmen. 2 pp. [C.O. 5, 687, pp. 60–61.]
March 8.
Palace Court.
99 Account showing how money granted in last session of Parliament to Trustees for Georgia has been applied. Applied in America in provisions, tools, etc. 9,200l. 1s. 7d. Applied in America for defence, roads and fortifications, 4,667l. Applied in England for costs of sending over settlers, office charges, etc. 6,132l. 18s. 5d. Total: 20,000l. Entry. Signatory, Harman Verelst. 1 p. [C.O. 5, 670, p. 339.]
March 8.100 List of papers relating to applications to H.M. for warlike stores for the Plantations in America so far as they have passed through the Council of Trade and Plantations.
Extract of letter from Lieut.-Governor Pitt of Bermuda to Council of Trade and Plantations of 30 April 1729 complaining of want of ammunition and stores of war. Sent to Duke of Newcastle 16 July 1729.
Letter from Council of Trade to Duke of Newcastle of 20 February 1729/30 recommending supply of warlike stores for South Carolina.
Memorial of 27 July 1731 from Mr. Yeamans, agent for Antigua, to Council of Trade praying for stores of war for a fort on that island. Laid before the king in representation of 31 August 1731.
Memorial of 16 December 1731 from agent of St. Christopher's for supply of cannon and stores of war for that island. Laid before H.M. in representation of 22 December 1731.
Memorial of 28 November 1733 from agent of Antigua for supply of cannon shot for that island. Laid before H.M. in representation of 11 December 1733.
Extract of memorial of 7 March 1733/4 from agents of Barbados inter alia desiring stores of war. Extract of letter from Lord Howe, Governor of Barbados, to Council of Trade of 6 January 1733/4 praying for supply of arms and other stores of war. Laid before H.M. in representation of 8 March 1733/4.
Memorial of 9 April 1734 from agents of Antigua and St. Christopher's about want of stores of war etc. in those islands. Laid before H.M. in representation of 11 April 1734.
Memorial of 7 December 1737 from Governor Popple of Bermuda relating to want of ordnance stores there. Laid before H.M. in representation of 8 October 1737. Entry. Annotated, 9 March 1737/8. This list and the papers therein mentioned were put into the hands of Sir Conyers Darcy (Comptroller) by Samuel Gellibrand to be presented to the House of Commons pursuant to their address of 9 February together with some other papers from the Council Office, Duke of Newcastle's Office and the Office of Ordnance upon the same subject by William Sharpe. 2 pp. [C.O. 324, 12, pp. 237–238; copy in C.O. 5, 5, fos. 138–139d.]
[March 9 (fn. 1) ]101 List of applications made to H.M. for warlike stores from the Plantations in America received by the Duke of Newcastle and account how far they have been granted.
Copy of representation of Governor Hunter of Jamaica and list of warlike stores ordered to be sent there, 13 May 1729.
List of warlike stores ordered to be sent to the Bahamas, 24 April 1729, in lieu of those ordered there 26 September 1728, Governor Woods Rogers representing that these would be most serviceable.
Extract of letter from Council of Trade and Plantations to Duke of Newcastle, 16 July 1729, enclosing extract of letter from governor of Bermuda, 30 April 1729, representing want of warlike stores there. Memorandum: no directions were given on this, the particulars not being specified.
Note:—A letter from the Council of Trade and Plantations of 20 February 1729/30 recommending a supply of warlike stores for South Carolina was received and sent to the Council Office, copy of which is laid before the House by the Board of Trade.
Copy of letter from Secretary at War to Duke of Newcastle, 13 June 1734, for arms and accoutrements for six independent companies at Jamaica. H.M.'s warrant to the Master-General of Ordnance in pursuance thereof was signed 5 July 1734.
Copy of letter from Secretary at War to Duke of Newcastle, 10 July 1734, for tents for eight independent companies at Jamaica. H.M.'s warrant to Master-General of Ordnance in pursuance thereof was signed 2 July 1734.
Copy of letter from same to same, 9 October 1735, enclosing extract of Mr. Popple's memorial for arms for the independent company in Providence Island. H.M.'s warrant to Master-General of Ordnance in pursuance thereof was signed 31 October 1735.
Copy of letter from same to same, 9 October 1735, for arms and accoutrements for the two old independent companies at Jamaica. H.M.'s warrant to Master-General of Ordnance in pursuance thereof was signed 24 September 1736.
Copy of letter from same to same, 25 October 1737, for warlike stores for a regiment to be raised under command of James Oglethorpe. H.M.'s warrant to Master-General of Ordnance in pursuance thereof was signed 7 November 1737. 3½ pp. [C.O. 5, 5, fos. 147–151d.]
March 9.102 David Dunbar to [? Thomas Hill], enclosing memorandum to be communicated to my Lords. Perhaps some useful hints may be taken from this. I have no copy of it and request, be it approved or not, I may not be named upon the occasion. Would my Lords give me leave to lay before them an appeal from the court of Vice-Admiralty in New England from a decree clearing nine men for a trespass against H.M. in the woods, when one man for the like trespass committed at the same time and proved by the very same witnesses was by the same judge condemned and paid his fine? I have as many papers as a porter could carry to prove oppositions and abuses I received in my duty as surveyor. Both governor and judge encouraged them and caused my frequent complaints home. My deputy and I are a great expense to the government and no officer without being supported can do any service. My complaints are too many to be attended to, which is my misfortune. I made Mr. Belcher offers in writing a little before I came from New England that if he would yield me my right which was just as my lords have judged it I would withdraw all complaints and say I was satisfied. I have his written refusal to show. Signed. P.S. I presume if H.M. approves their lordships' representation the moiety of the salary will come to me of course, though I dare say the governor would not readily comply with any order he dislikes: he has given proofs of his acting so. 2 small pp. Endorsed, Recd., Read 10 March 1737/8. Enclosed,
102. i. Memorandum of David Dunbar. A governor of Massachusetts could easily get his salary settled and get the general court to give up the county of York (formerly called the province of Maine) and other lands. The governor of Massachusetts is captain-general of the militia of Rhode Island. The government there is in the hands of the middling and meaner people who through jealousy exclude the rich men. An active governor might influence Rhode Island and Connecticut to give up their charters. He could promote members of the Church of England to civil and military office in New England. He might prevail on the general court to lay a tax of one penny per acre on unimproved lands. It is very possible for a governor to prevail for a surrender of the Massachusetts charter. New England is a very litigious country: stamp duties there would raise a considerable sum. Church of England clergy should be provided for. If ever America is thought deserving of a bishop an ingenuous and learned man could work a very great change among the people. Signed. 3 pp. [C.O. 5, 880, fos. 233–236d.]
[March 9]103 Commission to James Oglethorpe to be General and Commander-in Chief in South Carolina and Georgia with necessary powers. Copy. Signatory, Holles Newcastle, 2 pp. Endorsed, Recd. 9 March from the secretary's office, Read 9 March 1737/8. [C.O. 5, 366, fos. 46–47d.]
March 13
Whitehall.
104 Order of Committee of Council for Plantation Affairs referring the following back to Council of Trade and Plantations, for examination of Mr. Simond, a London merchant, and such other witnesses and papers as Mr. Zouberbuhler may produce. Signed, James Vernon. Seal. 1¼ pp. Endorsed, Recd. 20 March, Read 21 March 1737/8. Enclosed,
104. i. Report of Council of Trade and Plantations on petition of Sebastian Zouberbuhler; 20 January 1737/8. Copy, of No. 32. 2½ pp. [C.O. 5, 366, fos. 50–53d.]
March 13.
Whitehall.
105 Same, referring fourteen Acts passed in Massachusetts in June and July 1737 to Council of Trade and Plantations for examination and report. Seal. Signed, James Vernon. ½ p. Endorsed, Recd, Read 22 March 1737/8. Sent to Mr. Fane, 24 March 1737/8. Recd, back, 3 August 1738. No objection to any of them. Enclosed,
105. i. Schedule of titles of said Acts certified by J. Belcher and sealed by J. Willard, secretary. 2¼ pp.
105. ii. Copies of said Acts. Titles are: Acts for apportioning tax of 44,930l. 1s. 3d.; for granting impost and tunnage on shipping; for granting excise on wines and spirits; for granting 1,000l. in bills of credit for support of the governor; to prevent nuisances in Merrimac River; for supplying treasury with 20,000l. in bills of credit; to exempt Quakers from taxes for support of ministers; for trade with Eastern and Western Indians; in addition to Act to prevent coparceners etc. from committing waste on lands in common; in addition to Act for relief of idiots; to prevent mischief by dogs; for making 2,625l. in small bills; to prevent deceit in casks. Printed. 46 pp. [C.O. 5, 880, fos. 238–267d.]
March 14.
London.
106 Memorial of Sebastian Zouberbuhler to Council of Trade and Plantations. Upon the late Col. Purry's importing some of his people into South Carolina, although the then governor issued a proclamation forbidding all persons to set out lands within six miles round the township of Purrysburgh, several persons by virtue of former grants not only surveyed and ran out several parcels of land within the district but kept possession thereof until a repeated order from H.M. in Council was signified to them, being very nearly two years, whereby many newcomers were reduced to very great poverty and some others obliged to withdraw from Purrysburgh for want of having their country lots or family right assigned to them. The memorialist hopes for an instruction to the governor to prevent the like inconveniences to the township of New Windsor where 200 of his countrymen under the conduct of his father are actually settled; for an instruction that the government of South Carolina comply with the resolution of the governor and council of June 1735, confirmed 17 July 1736, in relation to the provisions for one year for 100 families, now fixed to consist of 600 persons, besides tools, utensils and cattle; and likewise that the time for his importing the full number of 600 may be prolonged to two years from October next. And as the council of South Carolina have published a declaration dated 3 March 1736/7 in some of their Gazettes that their sinking fund falls short of providing for the settlers already arrived in that province and also that the fund will expire in August 1738 after which there is no provision for their support, memorialist offers it for consideration whether the continuing of the sinking fund arising out of the duty on negroes, liquor etc. for a few years longer will not be advisable to prevent the discouragement of many poor people. Signed. 2 pp. Endorsed, Recd., Read 14 March 1737/8. [C.O. 5, 366, fos. 48–49d.]
Match 14.107 Memorial of Capt. William Taverner, late surveyor of Newfoundland, to Council of Trade and Plantations, seeking a reward for services in 1714 in discovering frauds in the salt fish trade amounting to 70–80,000l. a year to the prejudice of the public revenue. Signed. 1 p. Endorsed, Recd., Read 14 March 1737/8. [C.O. 194, 10, fos. 86–87d.]
[March 14.]108 Henry McCulloh's answer to queries about two Acts for rating commodities in North Carolina. (1) The two Acts were passed about 25 years ago. (2) The quitrents reserved to the Lords Proprietors were payable in sterling money except in Albemarle County, but it has been the practice in many cases to receive them in commodities. As to contracts between private persons there was very little order observed till of late, the people of that province being generally deemed a set of outlaws. (3) It does not appear that any quitrents have been paid on the foot of this Act. The proprietors' officers accepted whatever the people tendered them. The proprietors had notice of this practice but do not seem ever to have formally approved it nor to have sanctioned the accounts of their officers. (4) These two laws were never confirmed by the proprietors. Only six of the laws now subsisting ever were confirmed by them. Most of the present laws are full of inconsistencies and some plainly calculated to serve fraudulent purposes. There is no complete body of laws, many of the copies not agreeing. 1½ pp. Endorsed, Recd. 14 March, Read 15 March 1737/8. [C.O. 5, 295, fos. 122–123d.]
March 15.
Palace Court.
109 General abstract of account of Trustees for Georgia from 9 June 1737 to 15 March following, to be laid before them at their anniversary meeting on 16 March 1737/8. Balance remaining: 2,482l. to answer sola bills sent to Georgia; 4,556l. 4s. 2d, for general and special purposes. Depending on several persons in Georgia, 13,800l. 8s. 9½d. [The accounts are commented on and explained at length].
List of grantees of land in Georgia since last anniversary meeting: William Stephens (500 acres), Thomas Upton (150), William Horton and others in trust for religious uses (300), Robert Hay (500), John Amory (150), Lieut.-Col. Cochran (500), Major William Cook (500), George Preston jnr. (500), trustees to be named by Gen. Oglethorpe for soldiers of his regiment to have 5 acres each (3,000), Capt. William Wood (500), with covenants for land for 66 servants in the said grants at 20 acres each (1,320).
Number of persons sent to Georgia on the charity. From 9 June 1733 to 9 June 1737: 1,076 of whom 302 foreigners, 774 British. Since 9 June 1737: 227 of whom 152 foreigners, 75 British. Total since 9 June 1733: 1,303 of whom 842 males, 461 females. Number gone at their own expense: 242, besides wives and children; 40 servants in Georgia for public service; and many settlers from Carolina and other parts. Entry. 6 pp. [C.O. 5, 670, pp. 340–345.]
March 16.
St. Bride's.
110 Minutes of meeting of Trustees for Georgia. General abstract of account of Trustees from 9 June 1737 to 15 March 1737/8 with observations thereon was read, approved and ordered to be entered. The Trustees elected five Common Councilmen in the room of those who had resigned, vizt. Robert Tracy, Christopher Tower, Henry Archer, John Page and Rev. Samuel Smith. The Trustees elected as new Trustees Sir Harry Gough and Sir Roger Burgoigne. 1¼ pp. [C.O. 5, 687, pp. 62–63.]
March 16.
Palace Court.
111 Minutes of Common Council of Georgia. Read grant of 500 acres of land to James Carteret. Seal to be affixed to the same, secretary to countersign and register with auditor of the plantations. 1 p. [C.O. 5, 690, p. 129.]
March 17.
St. James's.
112 Royal warrant to Lieut.-Governor William Gooch for appointment of Edward Barradal as attorney general in Virginia in the room of John Clayton, deceased. Entry 1 p. [C.O. 324, 37, p. 110.]
March 17.
Whitehall.
113 Council of Trade and Plantations to the King. Neither we nor Mr. Fane have any objection against an Act passed in Virginia in September 1736 for confirming and better securing the titles to land in the Northern Neck held under Lord Fairfax. Entry. Signatories, Monson, James Brudenell, Edward Ashe, R. Plumer. 1 p. [C.O.5, 1366, p. 289.]
March 18.
Hanover Square.
114 Martin Bladen to Duke of Newcastle. I was desired by Mr. Pelham to send you the enclosed paper relative to the cutting logwood in the Bay of Campeachy. It is certainly one of those things we can never give up and yet I am afraid we have no title to it. The merchants say we have, and in representations to be communicated to the court of Spain, as a commissioner of trade I say so too. Under these difficulties how nice a consideration must it be to come to resolutions in a House of Commons upon the subject of our rights in trade. Signed. 1½ small pp. Enclosed,
114. i. Madrid, 10/22 May 1672. Sir William Godolphin to Earl of Arlington. The English have no right to cut Campeachy wood in Yucatan. The Spaniards occupy this territory though perhaps not all of it. The English should cut the wood discreetly and underhand and the king should connive not authorise. Copy. 4½ pp. [C.O. 137, 48, fos. 41–46d.]
March 18.
London.
115 Andrew Millar to Harman Verelst. I received a letter lately from my brother Robert from Jamaica dated 9 December 1737 wherein he writes he was to sail for Vera Cruz in two or three days to go to Mexico. He is still very weak but hopes the sea air will do him service; he proposes on his return to Jamaica to spend six months there in the service of his constituents for the lost time his sickness has occasioned. Payment of his Christmas half-year will oblige. Signed. P.S. Lord Petre has paid his share of the half-year due Christmas two months ago. 1 small p. [C.O. 5, 640, fos. 65–66.]
March 21.116 List of papers received by Council of Trade and Plantations relating to losses sustained by H.M.'s subjects by Spanish depredations in Europe or America to midsummer 1737 which have not already been laid before the House. (1) Governor Fitzwilliam's letter of 20 August 1735 with deposition and protest by Samuel Lawford [See Cal. S.P.Col., 1735–36, No. 79]. (2) Governor Mathew's letter of 17 January 1736/7 with deposition of William Fisher [See Ibid., 1737, Nos. 20, 20i]. (3) Governor Mathew's letter of 14 June 1737 [See Ibid., No. 339.]. Noted: Presented to House of Commons by Mr. Pelham. Entry. 1 p. [C.O. 324, 12, p. 239.]
March 22.
Antigua.
117 John Douncker to Duke of Newcastle protesting at the trial by 'Bill of a Taylor' [attainder] of Benjamin Johnson and William alias Billy Johnson for alleged complicity in the slave-conspiracy. Benjamin Johnson sued James Hanson and recovered a sum of money from him the year before the disturbance. It is against the laws of God that a heathen should be against a Christian and against the laws of men that a slave should be against a free man, so that our island cries out. I beg you will do all that lies in your power to save their lives. Illiterate. Signed, 2 pp. [C.O. 152, 44, fos. 132–133d.]
March 22.
Palace Court.
118 Minutes of meeting of Trustees for Georgia. Received by Dr. Hales, 21l. benefaction for missionaries in Georgia. Received, two brass cocks for salting of animals whole, benefaction of Dr. Hales. Oath of office as Common Councilman was administered to Henry Archer, Robert Tracy and Rev. Samuel Smith. Sealed, grant of 500 acres of land to James Carteret. Read, letter from William Stephens dated 20, 21, 23 December 1737. 1 p. [C.O. 5, 687, p. 64.]
March 22.119 Grant to James Carteret of the parish of St. George, Hanover-square, of 500 acres of land in Georgia. Entry. ¼ p. [C.O. 5, 670, p. 347.]
March 23.120 David Dunbar to Council of Trade and Plantations renewing complaints against Governor Belcher. I applied to you for copy of Mr. Fane's opinion on the 36th instruction to Governor Belcher about the division of the salary for the government of New Hampshire between the governor and lieut.-governor in his absence. I apprehended you were pleased to allow I should have a copy of it but I was only permitted to see it; and as Mr. Fane says that I have no right to expect or demand any part of the said salary occasioned by an alteration in the said governor's 36th instruction from what was given to former governors, I hope you will enquire how such alteration was made for I cannot conceive it was ever intended that a lieut.-governor who is chief in the province eleven months in twelve should have nothing to subsist on. There is no precedent for it in H.M.'s dominions. However if it be your opinion that I should have nothing for the trouble and unavoidable expense attending a public station I shall submit. I have made application to Sir Robert Walpole for expenses and disbursements at the new settlements near Frederick's Fort and if I did not misapprehend him he bade me petition H.M., which I have not done fearing I might have mistaken him and thereby disoblige the ministry. I have been complaining for more than seven years, and yet without redress. Enclosed heads of papers can be laid before the council if required. Signed. 1½ pp. Endorsed, Recd., Read 23 March 1737/8. Enclosed,
120. i. Titles of 29 papers concerning the grievances of Col. Dunbar in his offices of lieut.-governor of New Hampshire and surveyor-general of H.M.'s woods. 1½ pp.
120. ii. List of 10 other papers relating to the misgovernment of New England to lay before Council of Trade and Plantations. ½ p. [C.O. 5, 880, fos. 268–271d.]
March 24.
Whitehall.
121 Thomas Hill to Francis Fane, enclosing 14 Acts passed in Massachusetts in 1737 for his opinion in point of law, vizt. Acts for apportioning taxes of 44,930l. 1s. 3d., 3,825l. 8s. (for payments to representatives at General Court of 1736) and 165l. (fine on towns for not sending a representative); for granting duties on shipping; for an excise on wines, spirits, lemons and limes; for granting 1,000l. in bills of credit for support of the governor; for payment of members of council and representatives for serving in General Court; to prevent nuisances in Merrimac river; for supplying the treasury with 20,000l. bills of credit for discharging the public debts; to exempt Quakers from taxes in support of ministers; for regulating trade with Indians; concering co-parceners, joint-tenants and tenants in common; concerning idiots; to prevent mischief by dogs and to prevent the keeping of any dogs on the islands of Martha's Vineyard and Nantucket; for making 2,625l. in small bills to be exchanged for larger bills; to prevent deceit in the gage of casks. Entry. 5 pp. [C.O. 5, 917, fos. 106d-108d.]
March 25.122 Paper from Col. Samuel Horsey. The president of the council of South Carolina has intimated that the assembly think it necessary to continue the duty on negroes for a further term of years, the present duty expiring in August 1738, it being granted for seven years from 20 August 1731. It may therefore be necessary to give an instruction to the new governor empowering him to pass an Act for continuing the duty upon negroes for a further term, this appearing to be a principal branch of the public revenue, there having been imported in 1735, as by a printed account from Charleston, 2,907 negroes which according to the present Act of assembly pay 1l. 10s. a head, in all amounting to 4,360l. 10s. sterling. But in this instruction to the governor he may be restrained from passing such an Act unless several appropriations of the money be specified therein, one of which must necessarily be an establishment for the fort at Charleston at present known by the name of Johnson's Fort which during the time there was no governor in South Carolina has been much neglected though it is the main defence and protection of that harbour and the shipping in it. The following establishment is offered as necessary to make that fort of real use: captain of the fort at 8s. per diem is per annum, 146l.; lieutenant at 3s. 10d. per diem, 69l. 19s. 2d.; ensign at 2s. 10d. per diem, 51l. 14s. 2d.; surgeon at 4s per diem, 73l.; one master gunner at 3s. per diem, 54l. 15s.; two gunners at 2s. per diem each, 73l.; four matrosses or labourers at 1s. 6d. per diem, 109l. 10s.; storekeeper at 2s. per diem, 36l. 10s. Total, 614l. 8s. 4d. This with the addition of some contingencies for fire and candle etc. cannot amount to less than 650l. in all for the fort. Other estimates for the support of the government of that province will be considered in proper time to be provided for out of the negro duty. 1 p. Endorsed, Recd, from Col. Horsey, 28 March 1738. [C.O. 5, 388, fos. 172–173d.]
March 27.
Whitehall.
123 Duke of Newcastle to Council of Trade and Plantations, enclosing copy of an address of House of Commons of 22nd inst. desiring that copies of representations made to the Council by the council and assembly of Jamaica relating to the capture of English vessels by the Spaniards since 1731 should be laid before them. It is H.M.'s pleasure that you comply therewith. Signed, Holles Newcastle. 1 p. Endorsed, Recd., Read 27 March 1738. Enclosed,
123. i. The resolution of the House of Commons of 22 March 1737/8 referred to in covering letter. Copy. ½ p. [C.O. 137, 22, fos. 172–174d.]
March 29.
Palace Court.
124 Minutes of Common Council of Georgia. Resolved that it be an instruction to the committee of correspondence to enquire how the servants in Georgia for the use of the Trust are employed, how the silkwinders have been employed, how the directions relating to mulberry plants have been complied with; and to consider and report on the conduct of Noble Jones, the surveyor. Read a report from the committee for accounts; resolved that the following advertisement be signed by the secretary and published in the London Gazette and South Carolina Gazette and affixed on the door of the storehouses at Savannah and Frederica: The Trustees for establishing the colony of Georgia in America out of a due regard to public credit do hereby give notice that they have resolved that all expenses which the Trustees have already ordered or shall hereafter order to be made in America for the use of the said colony shall be defrayed and paid for in Georgia in sola bills of exchange only under the seal of the said Trustees. And they do further give notice that no person whatsoever has any authority from them or in their name or on their account to purchase or receive any cargoes or provisions, stores or necessaries, or to contract any debt or to create any expense whatsoever in America. And that no persons may be ignorant thereof, the Trustees have ordered that this notice shall be affixed and remain on the door of the storehouse at Savannah and on the door of the storehouse at Frederica in the province of Georgia in America and shall be published in the London Gazette and South Carolina Gazette. 2¼ pp. [C.O. 5, 690, pp. 130–132.]
March 29.
Palace Court.
125 Minutes of meeting of Trustees for Georgia. Oath of office as Common Councilman was administered to Christopher Tower. Received receipt from the Bank for 21l. paid in at the last board, ¾ p. [C.O. 5, 687, p. 65.]
March 29.
Georgia.
126 Isaac Young to Trustees for Georgia. I arrived in Georgia 21 August 1736 on board Capt. Thomson with my wife, seven children and a servant, all at my own expense. I applied very often for my grant of 100 acres and was at last pitched on by Mr. Causton to settle a village. After 16 days search Mr. Aglionby and I found a site about six miles from Savannah, but after all this trouble we could only have 50 acres each. My family and I fell sick, one child dying: Mr. Causton would supply me with nothing, I being indebted to the stores 25l. sterling. I am now working as a bricklayer to repay Mr. Robert Williams who came to our assistance and paid this debt. A few days ago I took possession of a tract of land but cannot tell whether it will be confirmed to me. We are reduced very low but with a little help could get a livelihood. Signed. 1½ pp. Endorsed, Send to Mr. Stephens to enquire into the allegations of the petition, whether the ground is fit for his planting or no; acquaint him with the negligence of the surveyors and that he should call upon them to do their duty. [C.O. 5, 640, fos. 69–70d.]
March 29.
Savannah.
127 William Stephens to Trustees for Georgia. I wrote you 27 ult. by Mr. George St. Leaver. Mr. Cooksey, one of our freeholders, is going in all haste for England to settle some affairs and return again and I take this opportunity to acquaint you that I have the pleasure to see the scene changed here to a more agreeable prospect than what was before us for some months past, and instead of contention about public affairs all has the appearance of peace and quiet, so that it is to be hoped we shall grow wiser in time, though I wish I could say there were not yet a few left who seem brooding over discontent and willing to hatch more mischief. But whatever dark views they may have, I see plainly the body of the people are pretty well tired in following such dangerous guides, and at this juncture instead of caballing busy in planting, which they are so much in earnest about that from what we already see it is computed they will far exceed any year foregoing; and if it grows to a prosperous season the produce may probably go a great way toward supporting this part of the colony. This indeed far surpasses any expectation of mine some time ago and demonstrates (I think) that if the same people had been let alone to themselves and not seduced to murmur and grow tumultuous when they should have been about their honest labour they would have done much more. I would rather choose to forebear saying more on this head till I see planting over, and then at winding up the bottom it will appear plain what is done, which I shall then lay before you.
Not having any lands of my own run out yet, I have employed my servants in clearing the 5-acre lot and about 15 acres of land belonging to Ben Ball, a son-in-law of mine. There is a parcel of 500 acres which Mr. Watson sat down upon some years ago; very little has been or is likely to be done to improve it. I do not find that he ever had any grant of it. It is convenient for this town, being about five miles up this river, so that if I was given it I could always be available to execute your instructions. Signed. 2 small pp. [C.O. 5, 640, fo. 71, 71d.]
March 29.
Savannah.
128 Same to Harman Verelst. The want of advice in so long time (at least I have had none) leaves us very much in the dark. News of when our general purposes to visit this colony and when the forces may be expected would animate the well-disposed and force the others to draw in their horns. The talk at Charleston is of a new governor there and the name of our friend seems quite forgotten. Signed. P.S. Just as I was going to seal my letter I received yours of 13 and 14 December, which brings such joyful news as were almost sufficient to make a cripple dance. God speed them well, honest men, and send them safe into these regions. I cannot shut up without observing what a distance of time there is between 13 December and 29 March. Where can this stoppage be? Surely it is at Charleston. Mr. Causton is at present pretty much indisposed in a sort of intermitting fever which took him about four or five days since; but I hope it is wearing off. W.S. 2 small pp. [C.O. 5, 640, fos. 73–74d.]
Match 29.
Savannah.
129 William Bradley to Harman Verelst. This comes by Mr. Cooksey who intends to bring back some servants for himself and eight or ten for me to put in place of those that are dead. I have written to Mr. Mosely to provide them for me and the particular persons I want. I desire you will pay the charges if you have any money of mine in your hands; if not, that you will beg the favour of the Trustees to pay it and charge it to my account. I should be glad to have an answer to my last letter and to know if you have received any money for me at the same time. Signed. P.S. Pray let Mr. Mosely have your answer and he will provide them for me by any ship that comes this way if you will see the charges paid there. 1 p. [C.O. 5, 640, fos. 67–68d.]
[March 29.]130 Memorial of George Clarke, junior, secretary of New York province, to Council of Trade and Plantations, praying to be made of the council in that province vice Francis Harrison who is willing to retire. Signed. 1 p. Endorsed, Recd. 29 March, Read 12 April 1738. Enclosed,
130. i. London, 29 March 1738. Francis Harrison to Council of Trade and Plantations desiring leave to surrender his seat in the council of New York. Signed. 1 small p. Endorsed, as covering letter. [C.O. 5, 1059, fos. 37–40d.]
March 30.
Whitehall.
131 Duke of Newcastle to Council of Trade and Plantations. The king having appointed Philip Vanbrugh, commander of H.M.S. Chatham, to be governor of Newfoundland, drafts of his commission and instructtions are to be prepared. Signed, Holles Newcastle, 1 p. Endorsed, Recd. 30 March, Read 11 April 1738. [C.O. 194, 10, fos. 89, 89d, 92, 92d.]
March 31.
Antigua.
132 Governor William Mathew to Council of Trade and Plantations. In mine of 1 March I mentioned an English sloop being taken close under the shore of St. Christopher's by a French guarde de côtes. I have since received from Capt. Knowles, commander of H.M.S. Diamond from St. Eustatius, the declaration of the owner of that sloop, attested copy enclosed. I cannot say that I am convinced Mr. Dominic Lynch had not been carrying on an illicit trade with the French islands and I am well assured he has been an old incorrigible offender that way: I believe it is his only employment. But to chase him from under the shore of St. Christopher's and to take him even under our own guns, this I believe you will think less justifiable than if he had been caught in the fact under the French shores. I am since told the governor of St. Eustatius has sent to the French islands the Frenchman Lynch brought in thither. When the French formerly rose upon and retook from the English a French seizure and carried her into St. Eustatius, those English were not thus sent back to us but by the government of St. Eustatius were sent prisoners to St. Martin's and delivered to the French governor there to be hanged, as they intended, as pirates. This is the partial treatment the English have met with here from their neighbours, even from St. Eustatius.
George Thomas in his way to his government of Pennsylvania touched here for a month or two on his private concerns. I never heard from him, anyhow on his arrival, than that at a second meeting of the council after he came hither he came to meet and told me he came to sit as a councillor, denying he had accepted the government of Pennsylvania. I found him not disposed to allow of any reasons for not admitting him, and, as there was not a council without him to communicate my reasons to, therefore I only ordered a minute to be made that I had refused to admit his sitting as a councillor there for reasons I should lay before H.M., and of this I ordered him a copy. My reasons are these: his acceptance of his government I take to be a removal to another station, and he produced no direction to me to admit him now or at any time when he should please to come hither. I was convinced he himself thought in England he had lost his seat in H.M.'s council here by becoming a proprietary governor, and for that reason he had not obtained or at least did not produce to me H.M.'s order for continuing to him (or that he even to the last had applied for it) the year's licence of absence he carried from me from hence and which once expired is a forfeiture of his seat in council without H.M.'s [order] as by my 14th instruction. There happened immediately after this an opportunity for laying these reasons through you before H.M., but I was apprehensive he intended to apply again for admission with written reasons for it. I therefore deferred accounting thus for my refusal by that conveyance. But I was disappointed: I have heard no further from him and this is the first opportunity of writing for Europe since. I hope my way of thinking in this affair will meet with H.M.'s approbation. I have no public papers to transmit. Duplicate, original not Reed. Signed. 4 small pp. Enclosed,
132. i. Declaration of Dominick Lynch, merchant of Barbados, made on board H.M.S. Diamond in St. Eustatius road, 18 February 1737/8, before Charles Knowles. At 2 p.m. on 19 January 1737/8 about three leagues off St. Christopher's, he saw a sloop coming off Basse Terre and crowding all sail. Apprehending a Spaniard or rover, he made for Sandy Point but the sloop (which proved to be a French guarde de côtes) cut him off, fired on him and forced him to strike, although then within gunshot of Charles Fort. The Frenchman took the master, Samuel Clay, and three English sailors aboard and put a crew on the English vessel with orders to follow to Guadeloupe. But in the night Lynch with four slaves and one white recovered the ship by force and got into St. Eustatius where he now is. Copy, certified by William Mathew. 1 p. Endorsed, Recd., Read 30 May 1738. [C.O. 152, 23, fos. 142–144d.]

Footnotes

1 Commons Journal, XXIII, pp. 26, 73–74.