America and West Indies
June 1738, 11-30

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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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142-156

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'America and West Indies: June 1738, 11-30', Calendar of State Papers Colonial, America and West Indies, Volume 44: 1738 (1969), pp. 142-156. URL: http://www.british-history.ac.uk/report.aspx?compid=72949 Date accessed: 22 July 2014.


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Contents

June 1738, 11-30

June 12.281 Answers of Attorney- and Solicitor-General to queries about erecting a court of Exchequer in South Carolina. They are of opinion that the crown has by prerogative the power to erect such a court which may be done by letters patent under the seal of the province by virtue of H.M.'s commission to the governor for that purpose; that a court so erected would have the same powers as the court of Exchequer in England; that its proceedings should be agreeable as near as may be to the practice here; and, doubts having arisen touching the authority of the present chief baron, that it would be more proper that a special commission should be issued to the governor authorizing the establishment of such a court and the constitution of the chief baron and other officers of it. Signed, D. Ryder, J. Strange. 1 ½ pp. Endorsed, Recd., Read 13 June 1738. Enclosed,
281. i. Warrant for appointing William Smith to be chief baron of the court of Exchequer in North Carolina, II May 1732. Copy. 1 ½ pp.
281. ii. Extracts of commission and instructions to Governor Samuel Horsey relating to court of Exchequer. Copy, 1 ½ pp. [C.O. 5, 366, fos. 84–89d.]
June 12.
Georgia Office
282 Harman Verelst to James Abercromby, Attorney-General of South Carolina. The Trustees for Georgia desire you will on your arrival at Charleston cause the enclosed notice to be published in the South Carolina Gazette to be continued for one month as it was in the London Gazette for April last, herewith sent. They have directed their secretary in Georgia to send letters for England through you. When you receive any packet for the Trustees, note upon it the day you receive it and by what conveyance, and forward the same by the next opportunity, taking two receipts from the master of the ship, one to be sent by same ship, the other by the next opportunity. The Trustees will observe the same method in sending to you packets for Georgia. William Stephens will defray your expenses. Entry. 1 p. [C.O. 5, 667, fo. 73.]
June 12.
Georgia Office.
283 Same to William Stephens per Mr. Abercromby on Samuel, Capt. Percy. The Trustees acknowledge receipt of your letter of 27 February last and journal from 18 January preceding, with which they are very well satisfied. They have received a representation from the inhabitants of Highgate concerning the land on which they are settled, copy enclosed. You, with Henry Parker, are to view their lots and report to the Trustees how far their complaints are grounded. If it appears to you that any of the said inhabitants has not sufficient good land to subsist himself, you are then to order the surveyor to set out five acres of the best land unset out and nearest his lot, he resigning the like quantity of the most unprofitable land lying least convenient for him. As to the cows and calves mentioned in the said representation, they are to be immediately supplied therewith if they have not before been delivered to them.
The Trustees for the convenience of a safe and regular correspondence having directed you to give notice to the inhabitants of Georgia to bring or send their letters to you once a fortnight to be forwarded to England by every opportunity that next offered, they now repeat that Mr. Causton and everyone else should bring or send their letters to you to be put up together in one packet or box to be sealed with your seal and forwarded regularly to Charleston (when opportunities for England directly do not then offer) directed to James Abercromby, H.M.'s attorney-general of South Carolina, who has accepted of the care of the Trustees' packets and letters to be forwarded to and from England, his charges to be defrayed out of the contingent expenses of the colony. Letters for Charleston are to be in a separate parcel and directed to Mr. Abercromby. When opportunities offer of sending to England directly, deliver your packet to the master of the ship taking two receipts, one to be forwarded by the same ship to demand the packet here, the other by the next opportunity. The Trustees have desired Mr. Abercromby to publish in the South Carolina Gazette for a month together the notices sent to be affixed to the storehouses doors at Savannah and Frederica, expense to be defrayed to him out of contingent expenses.
The accounts you have sent the Trustees from Frederica and the southern settlements are very pleasing and satisfactory. They wish there could be the least resemblance of the like accounts from the northern settlements. The Trustees observing by a list of servants imported by Capt. Hewitt that several of them are employed in working at the crane, they desire to know what allowances are made by persons landing or loading goods on their own accounts, which ought to be if it has not been made towards the expense of maintaining the said servants. You are further to see what servants are employed in the garden and, in case there are not sufficient hands already employed, that the number be made up four out of the Trustees' servants now under Mr. Bradley's care, of which you are to give him notice. The Trustees also desire to have some further explanation what endeavours have been used and by whom to seduce Mr. Camuse away from the service of the colony in the management of the silk; they are very glad to hear that that evil intention is timely stopped. They desire you will in your future journals leave a margin on both sides that they may be bound together. You are to deliver the letter to Mr. Causton herewith sent you and take his receipt. The boats mentioned in the estimated expenses for 1738-9 to be employed as seaboats at Tybee and Frederica, General Oglethorpe will deliver when he arrives. Acquaint Henry Parker that the Trustees have advanced another year's rent to Mary Cooper for her house rented by him; that money may be applied towards the established allowances from midsummer 1738. John West having named David Provoost junior of New York, merchant, to succeed to the lot late Joseph Hughes's, and Captain William Thomson having agreed thereto, he will bring over with him the approbation of the Common Council to the said nomination. Entry. P.S. Mr. Causton having sent the Trustees further accounts of Mr. Bradley's, please deliver copies of them herewith sent you to Mr. Jones to whom Mr. Bradley's accounts are referred. 3 pp. [C.O. 5, 667, fos. 69d-71.]
June 12.
Georgia Office.
284 Harman Verelst to Thomas Causton, by Samuel, Capt. Percy, and by Charles, Capt. Reid. Since the Trustees'letter of 19 May, the following certified accounts have been brought to the office for payment, which the Trustees have absolutely refused: 28 February 1737/8, David Provoost, 348l. 2s. 1d.; 7 March, Messrs. Minis & Salomons, 124l. 2s. 8d. and 90/. 15s. 5d.; 8 March, Messrs. Woodward & Flower, 450l. 1s. 3d.; 9 March, John Provoost, 296l. 9s. 10d.; 15 March, Messrs. Ellis & Ryan, 243l. 15s. 4d.; 20 March, Samuel Tingley, 144l. 16s. 5d.; which being added to the 11,684l. 16s. 7d. makes 13,382l. 19s. 7d. come to your hands since midsummer 1737, of the application whereof and the necessity of such expenses the Trustees have not received any account. But on the contrary, your letters of advice of many of these certified accounts mentioned the parcels being taken by you for the encouragement of the persons bringing them. The Trustees cannot conceive any possibility of consuming these vast quantities of provisions while they are good and those spoiled will be a dead loss. They are much surprised and cannot imagine what could induce you to receive everything that was brought you in the manner you have done not only without orders from them but without the things so received being sent for or wanted, and also many of the cargoes containing parcels among them in no manner fit for the Trustees to concern themselves in buying, their business being only to provide the proper species of provisions fit for those they contracted to provide for who were not to be fed with dainties but with food agreeable to what they were afterwards to raise for themselves by their labour.
The Trustees wait with impatience to know the receipt of their orders for your certifying no more accounts and to know from you how many you have certified lest there should be any outstanding which have not yet appeared; for they can form no proper resolutions until the whole is known. In the meantime Capt. Thomson will bring you back for payment the account you certified to him 21 January last amounting to 469l. 1s. 1 ½ d., whereof 183l. 8s. 1 ½ d. is stated for parcels received in the Trustees' store, of which parcels the paint is over-computed 5s, 7 ½ d. and the other part of the account is all for parcels sold to private persons which you state the Trustees Dr. for to Capt. Thomson although the several amounts are all entered as advanced to the said private persons, and that not by the Trustees but yourself, which make in the whole 285l. 13s., whereby the said certified account amounts to 468l. 15s. 6d., which the Trustees have also absolutely refused the payment of and Capt. Thomson must seek payment from you. As to what was received in the store, it was so received without the Trustees' authority; but if the parcels are in store and not spoiled or have been applied in the defraying any expenses the Trustees ordered to be made, then you may apply the Trustees' sola bills in your hands in payment thereof. But as to the values of the parcels advanced to private persons, you must take care to make those persons pay the captain for the same, he saying he trusted them on your credit, and if any of them are entitled to any payments from the Trustees pursuant to orders already given, the captain may receive such payments on their accounts in sola bills in discharge of their debts to him. This certified account is besides the 13,382l. 19s. 7d. stated.
[Orders to William Stephens concerning sending of private letters from Georgia and the rent of Mary Cooper's house are repeated here. See No. 283.] The Trustees have also paid the rent of Peter Gordon's house to Lady Day last; but the rent from Lady Day is payable to Major Cook's daughters. Entry. P.S. The Trustees received your letter of 1 March last and have sent copies of Mr. Bradley's further accounts to Mr. Jones to whom his accounts are referred. Your reasons for receiving provisions and certifying accounts are no way satisfactory to the Trustees. What your further answers on this occasion may be is a future consideration, 2 ½ pp. [C.O. 5, 667, fos. 71d-72d.]
June 12.
Antigua.
285 Governor William Mathew to Duke of Newcastle. After incurring H.M.'s displeasure I could never have continued governor of these islands to this day but through your favour and intercession with H.M. on my behalf. I assure you I have and ever shall retain a most grateful and dutiful sense of your great goodness to me. All I can learn from my friends at home is that they apprehend the French king will recall his most severe edict and that restitutions are mutually to be made of all seizures where no actual trade was proved or no strong circumstances appeared to prove from the nature of the lading etc. an intention for trade. But still the evil of this illicit trade continuing and H.M. as by his instructions and the French king by his edict having sufficiently declared their intentions an end should be put to it, I presume new instruction and a new edict will issue for that purpose; and I beg leave to lay before you that this service can never be effected by H.M.'s governors and the French governors but by their acting de [sic] concert and assisting each other as was my very first proposal to M. Champigny, governor of the French islands. I must not take up too much of your time by a long letter. I have explained wholly on this service to John Spooner, H.M.'s solicitor-general for these islands, who will have the honour of delivering this to you, who from his many years residence here is as well-informed as anyone can be of what H.M.'s service requires here on this and every occasion, and with whom I have drawn a plan for completing with the French the destruction of a trade injurious to them and of utter ruin to us, which he will offer to you. Signed. 2 pp. Endorsed, Recd. 24 August by Mr. Spooner. [C.O. 152, 44, fos. 114– 115d.]
June 13.
Cape Fear.
286 Governor Gabriel Johnston to Council of Trade and Plantations. Being lately informed that the gentlemen of South Carolina are making some attempts to induce you to set aside the boundary line betwixt them and this province as the same was settled at their own request about three years ago, I offer what follows to your consideration. It cannot easily be forgot what difficulties occurred and what warm disputes passed concerning this affair for the first five or six years after H.M.'s purchase. Upon my arrival at Cape Fear anno 1734, in the first letter I had from the governor of South Carolina, he was anxious to know if I had not brought over a more plain instruction about the dividing line. When I assured him I had not but did design to put the old instruction into execution, early in 1735 three commissioners were appointed with full powers from the governor, council and assembly of South Carolina to adjust that matter with other commissioners to be appointed by this province. The commissioners from South Carolina came into this colony and desired that, without adhering with too much rigour to the words of the instruction which favoured our pretensions very much, we would agree to such reasonable propositions as they designed to make us and then join our endeavours to get this agreement ratified at home. An agreement was accordingly drawn up in full and ample form, signed, sealed and exchanged by the commissioners of the two provinces, ratified by their respective constituents, and the most difficult part of the line actually marked in pursuance of this agreement. Soon after I had the honour to acquaint you with the transaction and you assured me in your answer that you would show great regard to this solemn and peaceful decision of an affair that had formerly been the occasion of much wrangling and contention.
Since that time H.M. has granted to some merchants in London 1,200,000 acres of land in this province, a great part of which is ordered to be laid out on the head of Pedee river and just within the dividing line as it was agreed to by the commissioners; and this, it is presumed, may be looked upon as an actual confirmation on H.M.'s part of this division of his two provinces. The surveyor-general of this colony has been actually employed in this survey for some months past and must continue still along time, attended with .1 great number of men and horses with provisions, so that this article alone must cost the gentlemen concerned a great sum of money besides their charges in soliciting that matter at home. And all this must be lost to them if the desires of South Carolina are complied with. Upon the whole it is submitted to you whether an agreement which these gentlemen came into this province to solicit, which they consented to with great joy, which they afterwards ratified and partly carried into execution, an agreement which you approved of and has in some measure the royal sanction, ought to be set aside purely to gratify these gentlemen's humours; or whether it is not very probable that, as they were at first very uneasy under the royal instruction on this head, though drawn in the manner they desired, and are now dissatisfied with their own agreement, any concession now made will give them any lasting satisfaction or prevent you from future applications on this affair. It is hoped that at least you will hear what can be said in behalf of this province before any alteration is determined. Signed. 3 pp. Endorsed, Recd. 20 December 1738, Read 10 January 1738/9. [C.O. 5, 295, fos. 140–141d.]
June 13.
Annapolis Royal.
287 John Adams to Duke of Newcastle. Governor Philipps, Governor Belcher and Lieut.-Governor Armstrong have each promised to recommend me to your favour. But lest they forget I beseech you will put the enclosed petition into the king's hand. Signed. 1 small p. [C.O. 217, 39, fos. 202– 203d.]
June 14.
Palace Court.
288 Minutes of meeting of Trustees for Georgia. The accountant acquainted the Trustees that a Bank receipt for 359l. paid in by Aid. Heathcote to balance his imprests came to his hands since last meeting and was exchanged with the Bank 13th inst. ½ p. [C.O. 5, 687, p. 83.]
June 14.
Georgia Office.
289 Benjamin Martyn to William Stephens by [James] Abercromby. In your letter of 27 February 1737/8 and in your last journal you make mention of a right claimed by the grand jury at Savannah to administer oaths and make an enquiry thereon into all such matters as they think fit to examine into. The Trustees are sensible that great mischief may be done by ill-designing men who may get into the same panel if this claim were allowed of; and they therefore acquaint you, and by you the people, that the grand juries have no right to administer any oaths and that their claim is entirely without any foundation either of custom or law. Entry. P.S. Acquaint Mr. Causton that the journal mentioned in his letter of 1 March has never been received. The Trustees desire to know how the Sterlings and that knot of people are supported since they live in such an idle manner in the town and take no measures to support themselves by cultivating their lands. 1 p. [C.O. 5, 667, fo. 68.]
June 14.
Georgia Office.
290 Harman Verelst to General James Oglethorpe on Blandford man-of-war at Spithead. The Trustees know by Capt. Daubuz who left Savannah in February last that unless speedy care be taken the lighthouse at Tybee will fall; it is thought that the cost of the necessary work will not exceed 100l. They desire you would give directions for it. Entry. ½ p. [C.O. 5, 667, fo 73d.]
June 14.
Whitehall.
291 Council of Trade and Plantations to the King, recommending Reverend Walter Thomas to be of the council in St. Christopher's in the room of John Garnett, who has removed to South Carolina. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. 1 p. [C.O. 153, 16, fo. 72.]
[June 14.]292 Proposals of Henry McCulloh on behalf of John Cartwright and his associates. They are willing to undertake the settlement proposed in South Carolina in an uncultivated part between the rivers Santee and Watree under the following conditions: that they be allowed 200,000 acres, to be surveyed in four parcels of 50,000 acres as contiguous as may be but no parcel to be more than ten miles from another; that these parcels be granted by the governor to Mr. Cartwright in such proportions as required by him but no proportion to contain less than 12,000 acres; that Mr. Cartwright pay no greater fees than in proportion to what has been taken in running out the townships in that province; that all grants be made by the governor immediately upon the return of the surveys to him and that they all bear equal date; that the quit-rents of 4s. proclamation money per 100 acres begin ten years after the grants; that in case mines be found one-fifth of gold and silver ore and one-tenth of other mines and minerals be reserved to H.M. Signed, for Mr. Cartwright and associates, Henry McCulloh. 1 p. Endorsed, Recd. 14 June, Read 16 June 1738. [C.O. 5, 366, fos. 92–93d.]
June 16.293 Account delivered by Col. Samuel Horsey of the several forts in South Carolina, showing guns mounted and how many are said to be necessary to complete. Johnson's Fort: mounted 5, to be added 20. White Point, Ashley River, a new fort: mounted none, to be added 30. Granvill Bastion: mounted 12, to be added 3. Craven's Bastion: mounted 7, to be added 7. Curtain Line on bay of Charleston: mounted 3, to be added 17. Hog Island: mounted none, to be added 10. Winyaw, a new fort: mounted none, to be added 10. Edestoe River, a new fort: mounted none, to be added 6.
At Port Royal. Fort Frederick: mounted none, to be added 20. St. Helena Island, a new fort: mounted none, to be added 12. Hilton Head, a new fort: mounted none, to be added 12. Total: 27 mounted, 147 to be added.
By this account received from Mr. Hammerton, secretary to the province, it appears there are in the province 27 mounted guns, 45 unmounted; total fit for use, 72. N.B. These were the guns sent from England in 1732 and are all the province ever had given them. In April 1737 Capt. Sutherland, commander of Johnson's Fort, reports that there were 23 pieces of cannon all unserviceable (except two sakers), being honeycombed and under metal by one-third part, which in case of service or use when hot would split. These were bought at several times out of ships and are of diverse sorts. The 72 cannon (22 eighteen-pounders, 20 twelve-pounders, 20 nine-pounders and 10 sixor four-pounders) from England are very good. From these accounts the state of the artillery appears to be 95 pieces in all, of which 21 may be deducted as unserviceable. It is said they have only 500 smallarms in the magazine. Signed. 2 pp. Endorsed, Recd., Read 22 June 1738. [C.O. 5, 366, fos. 97–98d.]
June 16.
St. Martin's
Library.
294 Philip Bearcroft to Earl of Egmont, introducing Mr. Norris the bearer as willing to undertake the office of missionary for Georgia. The S.P.G., to which he was recommended by the Primate of Ireland, has no vacancy. The affair with the Duke of Grafton hangs yet in suspense. Signed, 1 small p. [C.O. 5, 640, fos. 124–125d.]
June 17.
Antigua.
295 Governor William Mathew to Alured Popple. I send in a box under the care of Capt. John Lamb the duplicates of the three Montserrat laws, the originals of which I transmitted to you 16 May last; and to these I have added another Montserrat Act entitled an Act for repairing Plymouth Fort and magazine etc. I have no other public papers to send. Signed. 1 small p. Endorsed, Recd. 17 August, Read 3 October 1738. [C.O. 152, 23, fos. 157, 157d, 160, 160d.]
[June 20.]296 David Dunbar to Council of Trade and Plantations, enclosing accounts of disbursements on the new settlement at Fort Frederick. When I began those settlements I was to have nothing until H.M. thought me deserving of consideration. At that time I hoped that an allowance might be made out of the crown's quit-rents. Obstructions from the governor and people of Massachusetts have proved my ruin. For clearing some of the land I paid 50s. sterling an acre and for other of it 6s. a day New England money. I intended to sell the cleared land but, waiting till the opposition should be over, I never sold an acre. I will make affidavit that 5,500l. would not make me amends for my expenses, costs, damages, insurance of life and interest paid and to be paid. I enclose a schedule of papers now lodged with your secretary. Signed. 3 small pp. Endorsed, Recd. 20 June, Read 21 June 1738. Enclosed,
296. i. Schedule of papers in four bundles. 1 p. Endorsed, as covering letter.
296. ii. Abstract of Col. Dunbar's account of expenditure on new settlements at Frederick's Fort. All the accounts should have been more methodical but that I never imagined I should have occasion to solicit payment. Col. Dunbar took up 11,931l. 7s. 3 ½ d. New England money towards the settlements. He has paid towards satisfaction of this 7,670l. and yet owes 8,570l. including interest. Besides this he has to pay or is to pay above 1,500l. unjustly awarded by undue influence of Governor Belcher. Signed, 2 pp. Endorsed, as covering letter. [C.O. 5, 880, fos. 301–306d.]
June 21.
Georgia Office.
297 Benjamin Martyn to Andrew Stone, transmitting the enclosed for the Duke of Newcastle. Signed. 1 small p. Enclosed,
297. i. Affidavit of Joseph Preu, sworn at Savannah, 12 April 1738, before Henry Parker and Thomas Christie. On 26 August 1737 deponent arrived at Havana in the sloop Unity; about 20 September he was seized and made prisoner. It was publicly known there that the governor of Havana was preparing a force to invade Georgia and that he had provided two 60-gun ships, one 30-gun ship, two 24-gun ships and two 8-gun sloops. There was talk of embarking 7,000 men. About the beginning of March, orders came from Old Spain to put a stop to the invasion and on 26 March deponent saw the two 60-gun ships unrigged and hauled up; but the others remained in a condition to sail. Deponent was taken to St. Augustine in one of the 24-gun ships with a small ship, two snows and a schooner as transport, 500 soldiers and 80 Spanish servants: they arrived at St. Augustine on 2 April. In the harbour were 1 Spanish sloop, 6 galleyats, 37 lances and pinnaces and two English sloops. During his stay there, a proclamation was read promising freedom to slaves that should run away from the English. The 24-gun ship with one sloop sailed on a cruise on 7 April. Most of the small craft at St. Augustine sailed for Havana on 14 April. Deponent came to Savannah on the Beaufort schooner, James Howell, master. Copy. 1 ½ pp. Endorsed, Enclosed in Mr. Causton's letter of 20 April 1738. [C.O. 654, fos. 154–157d.]
June 21.
Antigua.
298 Governor William Mathew to Alured Popple. I have delivered to Capt. Manesty a box containing two Acts of Antigua. The first is for raising a levy of above 20,000l., a vast sum for so small an island, but the great expense the negro plot occasioned and the debts accruing from last year's very small crop made this great tax unavoidable; as to the rest it is in the usual form of tax acts. The other is a law to reduce interest from ten to six per cent. This law met with some opposition from some of the factors in trade here, and they were heard by their counsel against it but they very poorly supported their allegations. However I should have insisted on its having the suspending clause till H.M.'s pleasure should be known but that other such laws are in force in other islands, that the opponents allowed the usual 10 per cent, interest was exorbitant and proposed a reduction though but to 8 per cent, instead of 6, and that the law takes place not in less than four months, a reasonable time for any merchants in England to employ his money elsewhere if 6 per cent, be too small an interest in Antigua. The preamble gives very strong reasons to prove this law was greatly wanted; it has no retrospect; and none but the most voracious usurers can object to it. Signed. 2 small pp. Endorsed, Recd. 17 August, Read 3 October 1738. [C.O. 152, 23, fos. 158–159d.]
June 21.
Whitehall.
299 Council of Trade and Plantations to the King, enclosing the following. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert. 1 p. Enclosed.
299. i. Draft of additional instruction to President Dottin of Barbados relating to fees due to Francis Whitworth. See No. 382. i. Entry, 2 pp. [C.O. 29, 16, pp. 68–71.]
June 21.
Whitehall.
300 Same to same, recommending the disapprobation of an Act passed in Antigua in April 1737 for the trial of John Coteen, a free negro man, and Thomas Winthorp, a free mulatto man, etc. Mr. Fane is of opinion that as this act is intended in this particular case to alter what has always been the unvaried law of that country not to admit slaves to give their testimony in courts of justice against free persons and made long after the crime was supposed to be committed, it is of a very extraordinary nature and may be a precedent highly dangerous to the lives and properties of your free subjects; to which he adds that he has been informed the persons whose evidence was made use of against the said Coteen and Winthorp were actually under conviction for the crimes of treason and rebellion and therefore also in point of law under another incapacity. We further observe that this law, being so extraordinary, ought to have had a clause suspending the total execution thereof till your pleasure should be known. But instead the suspending clause in this act goes only to respite the pronouncing of sentence till your pleasure shall be known, and in the meantime they have actually proceeded to the trial of Coteen and Winthorp. For all which reasons, as well as because no evidence has been laid before us either to support the preamble of this act or any necessity for the passing thereof, we lay it before you for disapprobation. Entry. Signatories, Monson, M. Bladen, R. Plumer, 2 ½ pp. [C.O. 153, 16, fos. 72d.–73d.]
June 21.
Whitehall.
301 Same to same. Pursuant to your order in council of 25 May last we have prepared a draft of an instruction for the governor of South Carolina directing him to recommend to the council and assembly of that province to prepare an Act for settling the Indian trade to the mutual satisfaction and benefit of South Carolina and Georgia. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert. 1 ½ pp. Enclosed,
301. i. Draft of instruction to Governor Samuel Horsey. Entry, 2 pp. [C.O. 5, 401, pp. 269–272; draft in C.O. 5, 381, fos. 275–277d.]
June 21.
Whitehall.
302 Same to same. Pursuant to your order in council of 25 May last we have prepared draft of an instruction for the Trustees for Georgia recommending them to prepare an Act for settling the Indian trade to the mutual satisfaction and benefit of Georgia and South Carolina and to direct their commissioner in Georgia to grant licences to such Carolina traders who shall apply for the same and bring certificates from the governor and council of South Carolina that they are proper to be licenced and not to levy the sum of 5l. or any part thereof on the said Carolina traders. Entry. Signatories, Monson, M. Bladen, R. Plumer, R. Herbert. 1 ½ pp. Enclosed,
302. i. Draft of instruction to Trustees for Georgia. Entry. 2 ½ pp. [C.O. 5, 401, pp. 265–268; draft of covering letter in C.O. 5, 381, fos. 273–274d.]
June 21.
Whitehall.
303 Same to Committee of Council. Pursuant to your order of 27 May last we have considered Henry McCulloh's memorial with some proposals thereto annexed. We believe several of the facts therein stated to be true. And although the accounts we have received from successive governors in some of those colonies with relation to grants and quit-rents have been very different, more especially in North and South Carolina, lately purchased by H.M., which makes it extremely difficult if not impossible for us to lay before you a true state thereof or to propose proper remedies for the abuses now practised there; yet as we are convinced H.M.'s instructions have not hitherto had their proper effect and that the crown has been and is still greatly defrauded in its revenues in these colonies, we are of opinion that it might be for H.M.'s service that an officer should be appointed with proper powers and instructions to enquire into the frauds, encroachments and abuses relating to the grants and quit-rents in the colonies of North and South Carolina according to the purport of the memorial. Entry. Signatories, Monson, M. Bladen, R. Plumer. 2 pp. [C.O. 324, 12, pp. 240–241.]
June 21.
Whitehall.
304 William Wood to Council of Trade and Plantations. The many complaints relating to paper bills in so many of the Plantations have induced me to send you the following. If you have objections to it or want explanations I will endeavour to satisfy you. I have not imparted this paper to any body of merchants in general but only occasionally to three gentlemen of this City, two of Bristol, two of Liverpool and to each separately, who every one approve it. Signed. 1 small p. Endorsed, Recd. 21 June, Read 22 June 1738. Enclosed,
304. i. Proposal to remedy the mischiefs in the issuing of paper money and raising the coin. There should be a gold and silver coinage with 'America' stamped on each piece. It should be put in circulation through the army, navy and the mint. The coins should not be exported from the colonies to foreign possessions but only to other colonies and to this kingdom. No other coins than these to pass in the Plantations otherwise than by weight. [Further particulars given] 1 pp. [C.O. 323, 10, fos. 132–135d.]
June 21.
Whitehall.
305 Thomas Hill to Francis Fane, enclosing Act passed in South Carolina in August 1731 for drawing juries by ballot and for administration of justice in criminal causes, for reconsideration together with objections to the said Act by the chief justice of South Carolina. Entry, 1 p. [C.O. 5, 401, p. 264.]
June 21.
Palace Court.
306 Minutes of meeting of Trustees for Georgia. Read letter from Thomas Causton dated 20 April 1738 with copies of several affidavits and letters. Read letter from Thomas Jenys dated 24 April 1738. Ordered that an answer be sent to Mr. Jenys. The affidavit of Joseph Preu [see No. 297. i.] being read, ordered that the secretary enclose it in a letter to Andrew Stone and desire him to lay it before the Duke of Newcastle. 1 p. [C.O. 5, 687, p. 84.]
June 21.
Georgia Office.
307 Benjamin Martyn to Andrew Stone, enclosing copy of affidavit of Joseph Preu from the magistrates of Savannah, which the Trustees desire be laid before the Duke of Newcastle. Entry. ½ p. [C.O. 5, 667, fo. 73d.]
June [21].308 John Cartwright to Council of Trade and Plantations. As you do not approve of that part of the proposal in my petition that regards the survey of the lands in running them out in sixteen different tracts, I have consulted with my associates and find them willing to undertake the settlement and to prosecute it with vigour provided you allow us to take up the lands in four different parcels of 50,000 acres each and admit us to take out separate grants of the lands in such proportions as may be most for the advantage of the undertaking; but no grant to contain less than 6,000 acres. This affair will be attended with great expense which inclines me to hope that you will not insist upon any conditions that may clog the undertaking, particularly in what regards the number of white persons that is to be settled on the lands petitioned for, the number of people already proposed being more than a sufficient security for the payment of quit-rents; and when they are supplied with a proper number of slaves to manure the lands it will answer all the ends proposed in settlements of this nature. Signed. 1 p. Endorsed, Recd., Read 21 June 1738. [C.O. 5, 366, fos. 94–95d.]
June 22.
Whitehall.
309 Council of Trade and Plantations to Committee of Privy Council. Pursuant to your order of 27 May last we have considered the petition of John Cartwright for lands in South Carolina. We have been attended upon this occasion by Mr. McCulloh, agent for Mr. Cartwright, who has informed us that the petitioner and his associates are willing to undertake the settlement proposed in South Carolina in an uncultivated part of the country between Santee and Watree rivers under the following conditions: [see Nos. 292, 308] Although the quantity of land proposed to be settled in this manner is very great amounting to 500 acres for each person designed to be settled thereon, yet considering Mr. Cartwright and his associates propose not only to transport the said 400 persons at their own expense but to provide every other thing necessary for them and that they will not make the settlement on other terms, and as an undertaking of this nature would be advantageous to the province where there are vast tracts of lands not yet cultivated and such settlement will increase the quit-rents and be the means of improving the trade of the said province, we must submit it to you whether it may not be for H.M.'s service to comply with the petition on the foregoing conditions except as to the payment of fees which we think should be after the usual rate; and in case H.M. should approve these conditions, that the governor of South Carolina should be instructed to grant Mr Cartwright and his associates the lands he desires in the manner abovementioned and to take care in the grants to be made for this purpose that no part thereof be already granted to any other person and that he do insert a clause in the said grants to make the same void as to so much of the said lands as shall not be settled within ten years according to the proportion of one white person for each 500 acres of land with a proviso that till such time as the crown shall think fit to resume the said lands as forfeited for want of being settled within the said term of ten years the grantees be obliged to pay the quit-rent for the same. Entry. Signatories, R. Plumer, Monson, M. Bladen. 6 ¼ pp. [C.O. 5, 401, pp. 272–278; draft in C.O. 5, 381, fos. 278–281d.]
June 22.
Treasury
Chambers.
310 John Scrope to Nicholas Paxton. The Lords Commissioners of H.M.'s Treasury upon reading the enclosed papers direct you to lay the several cases arising therefrom before H.M.'s Attorney-General and to pursue with diligence such orders as he shall think fit to give therein. The papers are a memorial from the Auditor of the Plantations dated 19 June 1738 for defending the crown's right and interest in a contest between the council of Virginia and Lord Fairfax relating to a large tract of land there, and two memorials from Mr. Whitworth. Copy. 1 small p. Endorsed, Recd., Read 21 February 1738/9. [C.O. 5, 1324, fos. 145–146d.]
[June 22.]311 Forms of receipt given by the receiver-general for quitrents payable in South Carolina and of entries of the same in the journal of the receiver-general. 1 ½ pp. Endorsed, 22 June 1738. Given in at Col. Bladen's desire by Mr. Hammerton. [C.O. 5, 366, fos. 99–100d.]
[June 23.]312 Memorial of David Dunbar, Surveyor-General of H.M.'s Woods in North America, to Council of Trade and Plantations, praying that a stop be put to a grant by the governor and five or six of the council of New Hampshire of land about the northern part of that province which contains a tract of ground bearing large white pine trees which memorialist has already represented as fit and to be reserved for the Navy. Signed. 1 p. Endorsed, Recd., Read 23 June 1738. [C.O. 5, 880, fos. 307, 307d, 310, 310d.]
June 25.
Savannah.
313 George Dunbar to Harman Verelst. We were in hopes that the general would be here as soon as we and now we look wishfully for him every hour. The men, since they have gone to their several garrisons, have preserved their health so wonderfully that when I left St. Simon's on 19th we had but one man and one woman sick and they carried their ailments with them to the country. Upon our arrival there were 33 sent to hospital at Savannah, of which five died and three are now sick; the rest have already or are now ready by the first opportunity to join their companies. Our small houses at St. Simon's are by this time I hope finished, 14 foot by 12 foot for every six men, and I am told they are as forward at St. Andrew's. The men are so delighted with the country that I am convinced they would not change their situation with any regiment the king has, and how much more so when they begin to reap the benefits our general's presence and a few years industry will bring them. I have five men at work on the farm lot the general gave my sister at Frederica, and 1 hope to contribute a little to remove the prejudices some industrious enemies of industry and the colony have maliciously spread (that planting will not do). If there is any embarkation of servants from Scotland this year, I will be obliged if you would mention to the Trustees to allow me the passage of ten servants to be put on board by my friends at Inverness and I will pay the passage here in a short time after their arrival. Of this I write to Mr. Hossack and recommend to him to send me them of the age of about 15 or 16 years rather than grown men, and if you write him you may mention this. I intend them for my 500-acre lot on the Altamaha which the general intends to give me for what 1 now have on this river. I hope the primage is paid to Mr. Grant. Signed. P.S. Be so kind to get the two enclosed letters franked and forwarded. 2 ½ small pp. Endorsed, Recd. 19 March 1738/9. [C.O. 5, 640, fos. 126–127d.]
June 26.
Augusta.
314 Recommendation by Roger Lacy to Trustees for Georgia that John Miller should have a grant of 50 acres, lot No. 12, in township of Augusta. Signed. ½ p. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos 128–129d.]
June 28.
Kensington.
315 Royal warrant to Lieut -Governor William Bull to admit Edmund Atkins, appointed Councillor of South Carolina. Entry ½ p. [C.O. 324, 37, p. 112.]
June 28.
Palace Court.
316 Minutes of Common Council of Georgia Mr. L'Apostre acquainted the council that on 13th inst. last year's vouchers to 9th inst. Were exchanged with the Bank and the balance of cash in the Bank then amounted to 4,226l. 0s. 6d. The accountant acquainted the council that of this balance 1,941l. stood appropriated for outstanding sola bills, 1,769l. 16s. 6d. for particular uses and 515l. 4s. for establishing the colony, which last sum will be increased when payments of last year are posted, and that a draft had been made on the Bank to Ald. Heathcote for 1,000l. for sola bills and another for 500l. to Ald. Heathcote for the future service of the colony. Certified accounts were brought for payment as follows: 227l. 18s. 6¾ d. from Rhode Island, dated 27 March 1738, 349l. 17s 6d. to Robert Williams & Co., dated 17 April 1738, 241l. 19s 9d to Ellis & Ryan, dated 28 April 1738, resolved that the said accounts be sent back to Thomas Causton, they being certified contrary to the order of the council.
Read report from committee of accounts 14 June 1738 that they find 40 menservants by the Two Brothers were sent to the Darien to Lieut. Moore Mackintosh who was authorized to offer one to each freeholder there on security to pay 8l. in twelve months and to employ the remainder in sawing timber, and that ten women, a boy and a girl were also put under Lieut. Mackintosh for use of the Trust. The committee are of opinion an account should be sent from Lieut. Mackintosh to be certified by the magistrates at Frederica to show to which freeholders any of the said 40 servants have been disposed of and in what service the others have been employed. The committee considered the grant of 300 acres for religious uses of the colony and were of opinion that seven of the servants from Scotland under Lieut. Mackintosh should be immediately employed in the cultivation thereof, and the remainder offered for supplying people at Frederica who want servants. Of the other servants brought from Scotland, George Duncan is returned as sick at Savannah in the list dated 21 January 1737/8; an enquiry should be made what is become of him. The Trustees should bear the expense of the one woman-servant in the service of William Stephens, one in service of John Brown and one in service of John Vanderplank's widow. Committee submits whether Archibald MacBean should pay or not for two menservants. Sir John Lade should pay for the one woman-servant in service of Grace Redford. All other servants amounting to 37 in the service of the following must be paid for by them or Mr. Causton stands accountable: Thomas Causton, Laughlan MacBean, Alexander MacLean, Benjamin Mackintosh, Lieut. John Moore Mackintosh, William Mackintosh, Kenneth Baillie, James Anderson, John Brodie and Thomas Upton.
The committee also find by a list of servants from Germany who arrived in Georgia 24 December last by the Three Sisters, 29 men, 27 women, 16 boys and 15 girls are under the care of Mr. Bradley. 10 men, 10 women, 7 boys and 13 girls were employed at the crane and in the garden, 2 men, 2 women, 1 boy were assigned to Capt. Gascoigne, 2 men, 2 women, 2 boys and 2 girls were sent to the millwrights at Ebenezer; Mr. Causton had 9 ½ heads of the said servants to his own use. Of the 71 2/3 heads under Mr. Bradley, several have been freed by masters who had leave to repay the charges of sending them. The committee are of opinion that such as shall not be freed before six weeks granted for that purpose, after providing 7 for cultivating the land for religious uses at Savannah, 2 which are ordered with their wives for Henry Parker and 2 for Thomas Christie, should be employed in the cultivation of Bouverie's Farm. The committee considering Mr. De la Motte had served as catechist are of opinion that 10l. out of the catechist money should be paid him. Resolved that the council agree with this report and that Thomas Causton be made answerable for the 8l. paid for each of the servants with which he entrusted Archibald MacBean.
Read report from committee of accounts of 5 June that they had considered two certified accounts received from August Gotlieb Spangenberg for work done by the Moravian Brethren in Georgia amounting to 260l. 0s. 10d. and stating the same against freight and other charges paid for the Moravians for which they gave bond. The committee are of opinion that the bonds of 21 January 1734/5 and 14 October 1735 should be delivered up. Resolved that the council agree to this report. Received account from Mr. Paris relating to law expenses; resolved to refer it to committee of accounts and to pay him 50l. on account. Read petition from Messrs. Belanger and Nunez with proposals for raising cochineal in Georgia; resolved that it be rejected as too extravagant. Read letter from Adam Anderson setting forth that the S.P.C.K., Scotland, are willing to pay (over and above the present allowance of 50l. a year) for the missionary at Darien to procure servants to cultivate the lands allotted to him, on condition of the lands belonging to the Society's missionary there; resolved that John MacLeod have leave to surrender his lot at the Darien to the Trustees and that a 50-acre lot be granted towards the maintenance of a missionary at Darien for so long as the S.P.C.K., Scotland, shall continue to support a missionary there, the same to be approved by the Trustees. 8 ½ pp. [C.O. 5, 690, pp. 168–176.]
June 28.
Palace Court.
317 Minutes of meeting of Trustees for Georgia. William Norris being recommended by the Primate of Ireland and presenting a letter from the Bishop of London, resolved that when he shall be ordained deacon and priest he be sent by the first opportunity as a missionary to Savannah. 1 p. [C.O. 5, 687, p. 85.]
June 28.
Georgia Office.
318 Harman Verelst to General James Oglethorpe, care of postmaster at Portsmouth. I received yours of 26th inst. and am glad you were under sail after so long a detention though I fear you will not get far without anchoring or putting back. The certified accounts unpaid now amount to 6,352l. 6s. 1d. to which 1,000l. must be added for expenses in England consisting of the office charges, Mr. Paris's bill, freight of goods going by Capt. Thomson and unforeseen expense, all which must come out of the 8,000l. granted for this year; so that there is not much above 600l. unappropriated and part of that will go to pay the balance due to Mr. Chardon's executors and Mr. Jenys's executors. Your resolution therefore of not issuing any of the Trustees' sola bills without further directions is very well grounded. The Trustees are very sorry this method of certifying accounts was ever introduced and that they ever consented to pay any of them. That consent was occasioned by the representing to them the want of the arrival of their sola bills and was founded upon an expectation that such methods of certifying accounts could not have subsisted after sola bills had been received to defray the expenses of the colony. But the contrary appearing gives the Trustees the greatest uneasiness, not knowing how many more may come before your arrival in Georgia The Trustees are very well satisfied with your intended endeavours to put their affairs in Georgia in the best situation for preventing as much as possible any inconveniences to them from Mr. Causton's past conduct, and they heartily wish it may be in your power to do so. I received a letter from Messrs. Crokatt & Seaman dated 22 April last with a bill of parcels for the osnabrigs they sent to Georgia for the Trustees' servants amounting to 38l. 5s. 4d They write that the 500 men lately arrived at St Augustine with their families were to build barracks on the island of St. John's to the northward of Augustine and settle there. Entry. 1 p. [C.O. 5, 667, fo. 101.]
June 28.
Georgia Office.
319 Benjamin Martyn to Bishop of London. The Trustees have resolved to employ William Norris as missionary to Georgia and clergyman at Savannah, and desire you to ordain him deacon and priest so that they may send him within ten days or a fortnight. They also desire your recommending Mr. Norris to the Treasury for the usual allowance made to missionaries. Entry. ½ p. [C.O. 5, 667, fo. 74]
June 29.
Kensington.
320 Royal warrant to Lieut.-Governor William Bull to admit James Crockat, appointed Councillor of South Carolina. Entry. ¼ p. [C.O. 324, 37, p. 112.]
June 29.321 Thomas Hill to Francis Fane, enclosing six Acts passed at Bermuda in March last for his opinion thereon in point of law, vizt. Acts for ascertaining bounds of lands and settling surveyor's fees, to prevent any person from having nets longer than 3 ½ fathoms, to inforce those who have not paid the impost on horses, to renew an Act to prevent attorneys defending titles of lands without giving security to make good costs, to renew an Act to prevent vexatious suits; for raising money to pay public debts. Entry. 2 pp. [C.O. 38, 8, pp. 295–296.]
June 30.
Whitehall.
322 Same to same, enclosing a bill passed in Massachusetts in December 1737 for emitting 60,000l. redeemable by silver and gold, for his opinion in point of law. Entry. P.S. Also enclosed a draft of what Governor Belcher thinks necessary to be added to the bill, as likewise his letter to the Board on that subject, which papers please return. 1 ½ pp. [C.O. 5, 917, fos. 111d, 112.]
[?June.]323 Method intended to be taken in settling the lands petitioned for on Watree river, South Carolina. Houses should be built for the reception of those that are transported thither and at first they should be supplied with money at a reasonable interest to enable them to carry on their settlements to advantage; for by experience it is found that the land cannot be cultivated properly in that climate without slaves. Such as are settled on those terms engage to increase the number of their servants yearly in proportion to their ability and the quantity of lands they hold, and that after they have cultivated a sufficient quantity of land to supply themselves they should be obliged in consideration of the lands granted them to clear and fence in some part of the lands belonging to the original grantees. This method will answer all the ends proposed in giving grants of this nature, as the people conditioned for to be transported to that province are to be settled in the lands they will become a good security for the quitrents, and there is no doubt to be made but that when a settlement is carried on properly in the manner proposed they will draw many of their friends and acquaintances after them, which will be of great advantage to the colony and an increase to the trade and navigation of Great Britain Signed, J. Cartwright. 1 p. [C.O. 5, 366, fo. 96, 96d.]