America and West Indies: July 1738, 16-31

Calendar of State Papers Colonial, America and West Indies: Volume 44, 1738. Originally published by Her Majesty's Stationery Office, London, 1969.

'America and West Indies: July 1738, 16-31', in Calendar of State Papers Colonial, America and West Indies: Volume 44, 1738, (London, 1969) pp. 162-177. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol44/pp162-177 [accessed 19 April 2024]

July 1738, 16-31



July 17. Palace Court.	343 Minutes of Common Council of Georgia. Resolved that 20l. be advanced to Rev. Mr. Norris for clothing etc. and that his passage in the cabin of Capt. Thomson's ship with charge for refreshments be paid. A proposal was made for sending over to Georgia the wife and children of Marcus, a Jew, at present in the colony. Resolved that as Marcus went to Georgia at his own expense the Trustees cannot charge themselves with the expense of sending them. Resolved that the certified accounts which were ordered on 8 February last to carry an interest of 4 per cent, and which will be due on 8 August next be paid. Resolved that any five of the council be empowered to draw on the Bank for 2,272l. 0s. 8d. for payment of said accounts with interest and one certified account of 65l. 10s. 5d. dated before Mr. Stephens's arrival in Georgia.
	The council considering that the several certified accounts sent over to England have been so sent by way of remittances to merchants on credit of the Trustees' storekeeper having received the value and that the Trustees may be liable to many suits and expenses and the credit and future support of the colony be greatly hurt by not paying the said accounts which must at last be paid if no fraud shall appear to the contrary; resolved that the 4,209l. 13s. 9d. due on the remaining certified accounts be paid, and that any five of the council be empowered to determine which of them shall require a security to be given to the Trustees against frauds or double payments and be also empowered to draw on the Bank for payment thereof.
	Resolved that surveying instruments be purchased for Mr. Auspurger. Resolved that 1,000l. be paid to Ald. Heathcote on account. An account stated in favour of Thomas Jenys and Mrs. Elizabeth Jenys, executor and executrix of late Paul Jenys, and certified by Mr. Causton was laid before the board. Ordered that the accountant attend the merchants who are the owners of the said account with an offer of the balance which appears due and write to Mr. Jenys and Mr. Causton and state the account as it stands. Signed draft on Bank for 1,000l. payable to Ald. Heathcote. 3 pp. [C.O. 5, 690, pp. 177–179.]
July 17. Palace Court.	344 Minutes of meeting of Trustees for Georgia. Read instructions to Rev. William Norris; sealed the same, secretary to countersign. ½ p. [C.O. 5, 687, p. 90.]
July 17.	345 Instructions by Trustees for Georgia to Rev. William Norris. You are to correspond with the Trustees by every opportunity; and keep a register of births, christenings and burials and send an account thereof. Send also an account of the number of monthly communicants and whether the people are regular in attendance on divine worship. Promote a spirit of peace and recommend to the people industry, sobriety, a due submission to the magistracy and constant attendance at the worship of God. Entry, ¾ p. [C.O. 5, 670, p. 368.]
July 18. Blandford at Madeira.	346 James Oglethorpe to Duke of Newcastle. We left Plymouth on 5 July and after a very fine passage saw Porto Santo on 17th at 5 o'clock in the morning, which is an island with high hills and rocks belonging to the Portuguese and ten leagues from Madeira. Not long after, we saw the high hills of Madeira above the clouds. We came in this day with the Hector and the five transports. There has been the greatest care taken of the troops on board and though they are much crowded yet we have lost (God be praised) but one man and one woman who died at sea. Signed. 1 p. Endorsed, Recd. 15 August. [C.O. 5, 654, fos. 164–165d; duplicate dated 19 July at fos. 166–167d.]
July 19. Antigua.	347 Governor William Mathew to Alured Popple. I have delivered to Capt. Oliver a box containing duplicates of the Antigua Acts sent you by Capt. Manesty when I wrote mine of 21 June, and with these the duplicate of the Montserrat Act for repairing Plymouth fort, and the duplicate of the last Tax Act for Nevis; and I have desired him to see to this box being safe delivered to you. I send also the minutes of the assembly of Antigua for three years past to 1 June 1738 and which I got at last by stopping a long arrear of salary due to the clerk. [Note in another hand: These minutes and the other papers abovementioned were not reed. 23 October 1738.] As there is an opposition threatened to the Antigua Act for reducing interest, instructions are sending from both houses to Mr. Yeamans to support the bill. Signed. 1½ small pp. Endorsed, Recd. 25 September, Read 25 October 1738; minutes recd. 31 October 1738. [C.O. 152, 23, fos. 161, 161d, 164, 164d.]
July 19. Jamaica.	348 Governor Edward Trelawny to Duke of Newcastle. In obedience to my additional instruction from H.M. relating to a complaint made to H.M. by several traders to this island and others in behalf of the Jews, inhabitants thereof, I have made the best enquiry I could into that matter and for my better information I have desired the sentiments of the gentlemen of the council about it. From one of them, Mr. Mill, I had the letter hereunto annexed, and from another gentleman some reasons concerning the affair which I likewise send you. Both put together seem to contain the substance of all I can yet learn upon that head. I gave a copy of my instruction to the speaker, William Nedham, desiring him to communicate it to the assembly either in a public manner or to each of them in particular as he should think most proper. He chose to take the latter way, fearing otherwise it might produce inflaming debates if imparted to them in a body, without any prospect of good. Nor did they in the least relish it in private; and indeed by what I can observe of the assembly I think they will as they have every year hitherto done again insert in their next bill for raising additional subsistence paid by this country to H.M.'s troops a clause to tax the Jews. This will lay me under great difficulties in case I do not before that time receive H.M.'s orders leaving me at liberty to do as shall be found most expedient for his service. I must beg leave to make use of some words in a letter about this very affair from Sir William Beeston, Governor of Jamaica, which was laid before the council here on 2 May 1700 in order to be sent to the Lords of Trade. It ends thus: "Nor is it in the power of the governor and council to contradict them (meaning the assembly) in raising of money which they will do as they please or not at all though never so great occasion or necessity for it". This prudential reason prevailed then, and I hope it will now have the same weight especially as the assembly is very dutifully inclined to H.M. and the royal family and is under no small difficulties of raising the necessary supplies. If they are debarred from using their own discretion in this matter of which they think themselves proper judges and in which none of them can be supposed to be swayed by so inconsiderable a trifle as each of them may save by this taxation of the Jews, I am afraid they will not only be extremely disgusted themselves but likewise spread their discontent through the island by imposing new taxes which seldom fail of causing complaints. I submit it to your prudence whether this affair is of importance enough to risk the bringing of us into this situation with respect to one another, and how much by that means public business may be obstructed. Copy. 3½ pp. Enclosed,
	348. i. Richard Mill to Governor Trelawny; Jamaica, 14 July 1738. Having perused the Jews' petition I beg leave to observe: first, that the preamble may be right. Why the Jews are charged with underhand dealing with the Spaniards I know not; I have heard it was from an information of a vessel fitted out by the Jews to the South Cays, who acquainted the Spaniards that another vessel, fitted out by Christians and which had been there just before and promised to return, was not capable of so doing. The Jews in Jamaica are exempted from all juries; attendance at grand court costs ten to twenty pounds, more I believe than the richest Jews were ever taxed in a year. All the honourable offices are disposed of in England except the places of captain of the fort and chief justice, neither of which I suppose they would think themselves capable of. As to other military posts they would not desire to accept them. They bear few of the charges of government, apart from the duty on negroes exported or imported borne equally with others. They do not import or consume liquors from which the main branch of the revenue arises. They import small quantities of cocoa and indigo from Hispaniola, the greatest part of which I believe they run. I never heard of a Jew distrained on for his taxes. I believe there never were above five or six Jews owners of sugar-plantations. As to what relates to their serving for a deficiency, although they have stood for one for several years last past, I think it is wrong; for all hired or indented Christian servants are liable to be carried out upon parties on any insurrection or disturbance, which they have been wholly exempted from except in the time of martial law where everyone was obliged to go in person, and even then they were excused upon hiring a man to go in their room. Copy. 4½ pp.
	348. ii. Reasons relating to the Jews, 1738. The Jews in Jamaica have free public profession of their religion and liberty of purchasing freehold. They do not serve on juries, which they may say is a privilege lost but which frees them from great expenses of money and time. They are dispensed with being under arms on their sabbath, though those of our religion have to serve on our sabbath. They do not pay much towards the common taxes; they are concerned in no shipping, they import no commodities but dry goods not liable to duty, they pay some duty on negroes exported but frequently avoid duty on the indigo which they import. They bear a very small proportion of taxes as planters, not being concerned in more than five or six sugar-works. Their way of business is chiefly in disposing of dry goods and in keeping of shops, in retailing out spirituous liquors and provisions to the negroes with whom they traffic for commodities often stolen from their masters. They have even lain under great suspicions of selling powder to the negroes, by which means the rebels have been supplied. But as the testimony of negroes is not allowed as evidence it is not easy to convict them. They complain they have been wrongfully accused of corresponding with our neighbours to our disadvantage; that indeed has been charged upon them in some of our laws but of late years left out, and there is great reason to believe at the time they were so charged there were grounds for the same. It is not to be presumed they would have been accused by the whole legislature without some foundation. They complain they have not been allowed to serve as deficiencies upon estates: it is true they were for two or three years deprived of that liberty, but that objection has of late years been removed and they now serve for the same. There are few places of profit to be granted in this country, being in general held by patent in England. As to places of honour they have no profits annexed to them and therefore it may be believed they are glad to be excused from them; and if they were not it would be unreasonable to give them command over the persons of Christians. Copy. 4¼ pp. [C.O. 137, 56, fos. 111–119d.]
July 20.	349 Francis Fane to Council of Trade and Plantations. The Act passed in New York for frequent elections of representatives to serve in the general assembly enacts that the assembly shall be held once a year at least at New York unless the governor and council appoint another place, that in six months after the dissolution of an assembly writs are to be issued for a new one, that every future assembly continue for three years only, and that the present assembly be determined on 15 June 1739 unless the governor dissolves it sooner. I think this Act is a very high infringement upon the prerogative of the crown, for it takes away that undoubted right which the crown has always exercised of calling and continuing the assembly of this colony at such times and for so long as it thought necessary. When such a material innovation is attempted there ought to be some very strong and cogent reason to induce you to assent to it; for my part I have heard none and am of opinion that it ought to be repealed. Signed. 1½ ppEndorsed, Recd. 1 August, Read 2 August 1738. [C.O. 5, 1059, fos. 63, 63d, 66, 66d.]
July 20. Kensington.	350 Order of King in Council that the governor of the Leeward Islands shall not give his assent to an Act to attaint of high treason Benjamin Johnson and William alias Billy Johnson, and that the said persons be restored to the same condition they would have been in if the said bill had never been brought in and passed. Copy, certified by James Vernon. 2¼ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 152, 23, fos. 212–213d.]
July 20. Kensington.	351 Same, on report from Committee for Plantation Affairs dated 27 May last, that George Clarke, junior, be a member of the council of New York, in the room of Francis Harrison, resigned. Copy, certified by James Vernon. 1½ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 5, 1059, fos. 82, 82d, 87, 87d.]
July 20. Kensington.	352 Same, appointing Mathew Mills, junior, to be a member of the council of St. Christopher's in the room of Edward Mann, resigned. Copy, certified by James Vernon. 1½ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 152, 25, fos. 211, 211d, 214, 214d.]
July 20. Kensington.	353 Same, approving draft commission for Samuel Horsey to be governor of South Carolina with alteration proposed by Committee of Council for plantation Affairs. [See A.P.C.., Colonial Series, 1720–45, pp. 606–7.] Signed, W. Sharpe. Seal. 2½ pp. Enclosed,
	353. i. Commission for Samuel Horsey to be governor of South Carolina. Draft. 16 pp. [C.O. 5, 197 fos. 143–154d; copy of order, endorsed Reed. 8 May, Read 8 June 1739, in C.O 5, 367 fos. 19–20d.]
July 20. Kensington.	354 Same, approving draft instructions for Lewis Morris, governor of New Jersey. The Lords of the Committee had no objection to the report of the Council of Trade and Plantations [see No. 150. i.] except to add the name of James Alexander to the list of councillors, he having been on the old list, and to omit the name of Thomas Farmer. Signed, W. Sharpe. Seal. 3 pp. Enclosed,
	354. i. General instructions for Governor Lewis Morris. Draft. 50 pp.
	354. ii. Instructions for the same relating to trade and navigation. Draft. 35 pp. [C.O. 5, 197, fos. 94–142d; copy of order, endorsed Reed. 8 May, Read 8 June 1739, in C.O. 5, 973, fos. 112–113d.]
July 20. Kensington.	355 Same, directing the survey of 200,000 acres of land between Santee and Watree rivers in South Carolina for John Cartwright and associates to settle 1000 Protestants in ten years at a quitrent of 4s. proclamation money for 100 acres to begin at the expiry of ten years and with certain mineral rights. Grants of lands not settled in ten years in the proportion of one white for 200 acres to be void. Copy, certified by James Vernon. 2½ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 5, 367, fos. 13–14d.]
July 20. Kensington.	356 Same, approving draft of article to be inserted in instructions for the governor of South Carolina directing him to recommend to the council and assembly to prepare an Act to settle the Indian trade to the mutual satisfaction and benefit of South Carolina and Georgia. Copy, certified by James Vernon. 1 p. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 5, 367 fos. 15–16d.]
July 20. Kensington.	357 Same, approving draft of instruction for Trustees for Georgia to same effect as No. 356. Copy, certified by James Vernon. 1½ pp. Endorsed, Recd 8 May, Read 8 June 1739 [C.O. 5, 367 fos. 15–16d.]
July 20. Kensington.	358 Same, on representation from Council of Trade and Plantations that John Rindge be appointed a member of council of New Hampshire in the room of Benjamin Gamlin, deceased. Copy, certified by James Vernon. 2 pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 5, 881, fos. 85–86d.]
July 20. Charleston.	359 President William Bull to Council of Trade and Plantations. I beg leave to lay before you a short account of an affair which I apprehend to be of great consequence and advantage to H.M.'s service in these frontier parts of his dominions. The nation of Chactaw Indians, who live on the northeast side of the Mississippi near the mouth, consists of 46 towns in which according to the best information are contained above 16,000 men, which far exceeds the number of all the other tribes of Indians in amity with this government. They have hitherto been in the interest of the French, but have lately sent several messengers to this government to propose and desire a friendship and commerce with the English. The first messengers arrived here about the end of May last, and after they had delivered their message which seemed to import so great advantages to H.M.'s subjects on this part of America nothing was omitted which might inspire them with notions of H.M.'s grandeur and power and the plenty of goods which they might expect among them while they continued in friendship with the English. In their conferences they expressed great satisfaction to find by their reception and entertainment that the English were so different from what they were represented to be by the French, which they said their nation would now be sensible of by the presents that were given them with which they went away well satisfied. Soon after their departure arrived other messengers on the same errand but from a different part of the nation; these were treated in the same manner as the former. In their conference they took notice that several of their headmen were still in the interest of the French, who opposed their having any commerce with the English, and therefore it was necessary when they got home for some of them to come and visit this government also, that they might likewise be convinced how much it would be for the benefit of their nation to be at peace and have a trade with the English.
	If a peace and commerce can be effected and maintained with the whole Chactaw nation, how great an addition of strength H.M.'s subjects will have to withstand their enemies as well as the enlarging and extending of the trade for skins and furs which may in a little time require double the quantity of British goods, such as duffels, strouds, broadcloth, guns, powder, bullets, etc. to supply that numerous people. And besides these advantages, in case of a war with the French, they can have no assistance from the Chactaws against the English on whom they must depend for a supply of all necessaries; and in all probability the Chactaws on the southern frontier will be of much more service to H.M. than the Senecas on the northern, because the French at Canada have tribes of Indians which may set them nearly upon a par with the English and Senecas. But the French at Mobile and near the Mississippi river have no other Indians but the Chactaws whom they could make use of against the English and the Indians in amity with them. As for the Indians called the Bluemouths who live to the westward of the Mississippi, they are in amity with the Chactaws and will be influenced by them, and it is likely will follow their example; but if not, they are so remote that at present we can apprehend no danger from them.
	You will immediately observe that the Chactaws by their situation, if they are gained from the French, will be able to cut off all communications between Canada and Louisiana. But as an affair of such importance will be attended with considerable expenses and other difficulties to be provided against, especially as many of the Chactaws are yet inclined to the French who will if possible prevent the success of this undertaking, I beg you to signify your opinion and directions for our conduct in this affair and whether upon an application to H.M. a bounty might be obtained for the Chactaws as is allowed yearly to the Senecas. You will please to consider that besides such an assistance from H.M., this province must be at considerable expenses on every visit from the leading men of the Chactaws and other nations, which will be often necessary and therefore not to be avoided, though very burdensome to the people of this province who have suffered for several years past by the great droughts, and besides the expenses occasioned by our preparations to withstand the expected invasions of the Spaniards which this province and the colony of Georgia have been alarmed with these two last years, and to which we shall always be exposed while the French can have any influence over the Chactaws which may likewise be extended to the Cherokees who are at peace with the Chactaws.
	I hope you will consider that this affair of uniting so numerous a people as the Chactaws to the English interest may be a principal means of securing the peace and safety of all H.M.'s dominions in North America and of disappointing a scheme which the French for many years have been endeavouring to carry into execution, vizt. to settle a communication from Canada to the mouth of the Mississippi, to destroy or subdue all the Indians in friendship with the English, and by that means with their Indians to carry an easy war into all the settlements of the English along the seacoast. The dependence the French had of securing the interest of the Chactaws made the execution of this design appear feasible, and they had already made a great progress. But if this government should be so fortunate as to give matters a different turn and effectually secure the Chactaws, I flatter myself you will be of opinion that an undertaking which will produce so general a good to all North America ought not to be carried on at the sole expense of a small colony, exposed on the frontiers and thinnest of inhabitants though more burthened with taxes than any on the continent. If H.M. on your representation should take the matter under consideration and the Chactaw Indians should feel the effects of his royal bounty, we should have no reason to doubt but that all our hopes and expectations would be answered and that H.M.'s subjects in Great Britain as well as America would reap the advantages that must necessarily attend so useful an undertaking. Signed. 4½ pp. Endorsed, Reed, from Mr. Fury 27 September, Read 3 October 1738. [C.O. 5, 366, fos. 120–122d; copy, endorsed Delivered to Mr. Vernon by Mr. Fury, 6 November 1738, in C.O. 5, 640, fos. 148–149d.]
July 20. Charleston.	360 President William Bull to Duke of Newcastle. [In substance same as No. 359]. Signed. 4½ pp. Endorsed, Recd. 3 October. [C.O. 5, 388, fos. 181–184d.]
July 22. Kensington.	361 Royal warrant to Governor Jonathan Belcher to admit John Rindge, appointed Councillor of New Hampshire in the room of Benjamin Gamlin deceased. Entry. ½ p. [C.O. 324, 37, p 116.]
July 22. Kensington.	362 Same to Governor William Mathew to admit Matthew Mills, appointed Councillor of St. Christopher's in the room of Edward Mann, resigned. Entry. 1 p. [C.O. 324, 27, p. 117.]
July 22. Kensington.	363 Same to Governor Lord Delawarr to admit George Clarke, jnr., appointed Councillor of New York in the room of Francis Harrison, resigned. Entry. 1 p. [C.O. 324, 27, p. 118.]
July 24.	364 Francis Wilks to Thomas Hill. Enclosed is state of the funds in New England as I had account some years ago from the secretary: what bills have been issued more than is therein contained I apprehend has been for the current service of the year and brought in within the time. Signed. 1 p. Endorsed, Recd., Read, 26 July 1738. Enclosed,
	364. i. Boston, 20 December 1732. Account of bills of credit issued between 1721 and 1731 by order of general assemblies of Massachusetts which are to be brought into the public treasury by the land tax and other revenues from 1732 to 1741. Total issued: 176,200l. Copy. Signatory. J. Willard, secretary. 1 p. [C.O. 5, 881, fos. 3–4d, 7–8d.]
July 25. Whitehall.	365 Council of Trade and Plantations to the King. We have consulted the Attorneyand Solicitor-General who are of opinion that, if you approve of the erecting of a court of Exchequer in South Carolina, it may be proper that your governor now going over may be authorized by a special commission to establish the same and constitute a chief baron with other proper officers for the said court and that the proceedings therein should be agreeable to the practice here. All which being in our opinion necessary for your service and for the good of the province we propose that such a commission should be issued accordingly. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. 1½ pp. [C.O. 5, 401, pp. 297–298; draft in C.O. 5, 381, fos. 296–297d.]
July 25. Whitehall.	366 Same to Committee of Privy Council. Pursuant to your order of 19 May last we have considered President Bull's letter. [No. 220. i.] We have on this occasion had some discourse with Col. Horsey and with Mr. Fury and are informed by them that the people there have been at a great expense in erecting several new batteries and forts and putting themselves in a proper posture of defence, but that they are not in a condition at present to provide themselves with a sufficient supply of great stores and smallarms. Whereupon considering the importance of this province and the present posture of affairs in America, although from information laid before us we are not capable of determining what quantity and species may be requisite for this service, we are nevertheless of opinion that H.M. may grant them such supplies as he shall think convenient. Entry. Signatories, Monson, M. Bladen, R. Plumer. 2 pp. [C.O. 5, 401, pp. 298–300; draft in C.O. 5, 381, fos. 294–295d.]
July 25. Jamaica.	367 J. Jones to Duke of Newcastle, petitioning for a lieutenant's commission in one of the independent companies at Jamaica. Signed. 1 p. [C.O. 137, 56, fos. 120–121d.]
July 25. Savannah.	368 William Stephens to Trustees for Georgia, referring to previous letter of 27 May. I now send duplicate of that letter as also continuation of my journal to this time, which indeed is extended further than ordinary by reason of the rareness of ships sailing from Charleston for England at this season; and I fear from henceforward we shall scarce hear of any more going yet awhile. So my correspondent writes me, to whose care I send this thither upon notice that there was one near ready to sail now.
	It has been an inward pleasure to me when in some of my last letters I have represented the people of this colony in general as lately come to such a way of thinking and good disposition (setting aside some few who I fear will never do themselves or others any good) that it was apparent a much greater quantity of land was improved this year than ever yet had been: all which I cannot but adhere to for a truth, and from thence I was willing to form such conjectures as might be expected from a good harvest towards our future maintenance. But whilst we were thus elated providence has been pleased to check our expectations and teach us to think it well if we can secure half that abundance in a crop which we had eagerly conceived, and which is very grievous to me now to write of. For this great disappointment it will doubtless be expected some cause should be assigned and that alas! is too evident, namely such a long continued drought as it is said the like has not been known in man's memory; for they carry it as far back as the last summer which felt it towards the latter end. From the time that I came in October I must say that very little rain fell all the winter insomuch that the springs gave off in many places before summer came again. Nevertheless the corn that was planted came up pretty promising, making a good appearance for a while till the heats which began early this year parched the earth to that degree that abundance for want of moisture to cool the root dried up and withered. Another misfortune attending us was want of good and proper seed for not having a sufficient quantity of what they call the Virginia corn which is large, broad and white, and usually proves well here. There was a parcel of yellow skinned corn bought, highly commended for its usual increase in the northern provinces; but it was too fatally experienced that it proved very different here where the soil is not of so cool a nature as where it grew before. Abundance of this therefore will come to little and they who had the good luck to plant most white corn will fare best: that having held it tolerably well in all the heat. And now for some time we have had fine and frequent refreshing rains, more than for a year past put all together, which the River Savannah plainly discovered, hardly affording water enough to make it passable for the Indian trading rowboats to go to Augusta or New Windsor.
	Were others' misfortunes an alleviation of ours (which was a heathen but devilish maxim) Carolina makes the same complaint, and more, of the drought, which has so affected their plantations of corn and rice that a public fast was lately observed in that province by order of the president and council, wherein they were to deprecate the divine wrath to avert a famine and to spare them under the mortality which rages among them in the smallpox. Amidst so common a calamity we have some settlements nevertheless which appear such as the occupiers have no reason to complain of and which I have put together in short lists that will show whom they belong to. To make mention of those now who have made no attempt or but little progress in cultivating and planting I conceive would be needless since I intend not one of them shall pass without proper notice when I have fully perfected the whole, which I think may be confident will be in my next, being now busied among the 5 and the 45 acre lots belonging to the town, and with those I purpose to conclude all. But it is a melancholy story I have yet to add from Frederica, where I am informed that their labour is almost wholly lost by their crop being cut off; and at Darien, where we had great expectations of plenty, they are also by the same means in a great measure defeated. Whether this is to be attributed mostly to a bad season or bad seed is hard to say.
	Could I gratify my own inclinations in writing something that would preponderate such a misfortune it would not go unobserved. But time yet to come must produce that which every good man hopes for, and it behoves me to follow truth whatever shape it appears in. If I may refer to my journal it will not be expected I should spin out a tedious bagatelle here, after having already noted every occurrence as it passed, too many of which I fear will be judged needless though others (as I conceive) may be thought worthy your consideration and your direction for the future. To find here a gaol so filled with criminals undoubtedly must look ill, and as I have minuted what I thought most remarkable in the proceedings of the court the last session, so I ought to leave it to the magistrates to lay the whole before you in proper form. God forbid such crimes should abound among us hereafter. It is to be hoped through Mr. Whitefield's endeavours offences of another nature also may abate and the several kinds of debauchery which too often have appeared barefaced among people of different ranks and gone impune may be exposed to shame and utterly discountenanced. I should do wrong not to say we have visibly a considerable number of such men as are inclined to work and take pains whilst it must be confessed there are also too many idle and lazy whom the colony will never be the better for. But even among our best workers a little reformation of manners will admit to be wished for and everything done that may conduce to promote it. And by the uncommon attention I have observed of late given to public devotion it may be hoped that good work is already begun from Mr. Whitefield's so daily gaining affections of the people. But the practice of open lewdness in first making whores of their female servants, then cohabiting with them and their bastards, from whence a continuation of the same course may be presumed, which is too common among our gay gentry who are either of a different communion or above the vulgar way of frequenting our church, such public scandal I fear will outbrave all reproof from the pulpit and I apprehend would need some coercive power from the civil magistrate to restrain it in such manner as you shall advise. Signed. 3 small pp. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos. 140–141d.]
July 25. Savannah.	369 William Stephens to Harman Verelst. I wrote to you on 27 May and 3 June. I enclose a letter to the Trustees, a continuation of my journal from 27 May to this day both inclusive, the several states of Old and New Ebenezer, Abercorn, Hampstead and Highgate, together with a short abstract of the number of acres planted in various plantations distinct from the township of Savannah as I lately found them. And in my next I hope to set this whole township in its true light with regard to their planting, when probably I shall make such observations thereon as I apprehend may be just whether it be in their favour or otherwise; but this being a work which with due inspection must take time, for which reason I would bestow such on it as was most proper and seasonable, I thought it would come most perfect and regularly last. Without doubt notice will be taken that Thunderbolt is not found among the lists of adjacent plantations, and sorry I am to write that the village, once the great exemplar of all improvements in these parts, is now in a manner become desolate. The division of those lands being among four, vizt. Mr. Lacey and his brother, Hetherington and Bishop, from the time of Mr. Lacey's command at Augusta his plantation here became wholly neglected, for which he alleged want of servants. His wife nevertheless continued upon those premises who, it is to be feared, will appear a most vile woman in many respects, and what course of life they all followed there (who stayed in the place) instead of cultivating land appears too plainly from the notes I took of the proceedings of the last court as they will be found in my journal and more at large (I must suppose) from the magistrates. And it is generally taken for truth that Hetherington's and Bishop's intent was to quit the place entirely after they had raised what money they could by sale of stolen goods, which might in a little time have produced a plentiful store especially if all prove true which is commonly now reported, that they had carried on a trade with some of the Carolinians for a while whom they supplied with barrelled beef and pork which they took rum in exchange for, and by that means helped to furnish some of our unlicenced retailers of that forbidden liquor and to forward the destruction of the place. Whether these suggestions are well founded or not I cannot say; but they seem too probable, for it is evident that no people in these parts have lived in greater plenty without any visible fond to support it. And now after all, when convicted of felony on two indictments, besides several more that they have not yet been tried on, they have broken jail and are fled, together with that notorious fellow Wright who stood committed for want of finding bail for his future appearance to answer his behaviour among the Indian nations.
	I would not let anything escape me, if I knew it, without taking some notice of it that ought properly to fall under my cognizance, especially when opportunities of writing fall out so seldom now and are likely to be more rare for some time coming. But I persuade myself paucity of words will not be laid to my charge, and it is well if the contrary does not condemn me, vizt. writing much to little purpose. It has not been my good fortune hitherto to be any way advertised after so many months in what light I stand with those whom I serve, and would gladly do it to good effect: let it appear as a mark of your friendship which I set so much value on to be informed by you in so material a point. After what you acquainted me in yours of 17 February concerning our general's appointed time of leaving England with the remainder of the regiment and of our good friend Col. Horsey's appointment to be governor and lieut.-general of South Carolina, I must imagine they either are or will be both on their way into this part of the world before what I now write comes to hand; wherefore it would be vain to be writing letters of no import but compliments. The respect which I shall ever be ready to show and my zeal to render them what acceptable service lies in my power will best manifest my sincerity. We have not had a word of news from Europe since what came to Carolina by Capt. Keet in the beginning of May, and my correspondent there writes me the same, which is very surprising to everybody. Signed. P.S. 26 July. Just as I was sending off my letters Col. Cochran is this minute come to us from the south, who engages me to recommend it to you to prevail with the Trustees to send a ship in Sept. or Oct. pursuant to what I wrote them, at his instance, in mine of 27 May. 2 pp. Annexed, List of writers and addressees of letters enclosed in this packet, ¾ p. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos. 138–139d.]
July 25. Savannah.	370 Thomas Causton to Trustees for Georgia. I herewith transmit a continuation of my journal to 24 September last. As several parts of it relate to Mr. John Wesley I think it incumbent upon me to represent the general methods by him taken previous to the open differences therein mentioned. It was on 12 March 1736/7 that my niece was (with my consent) married at Purrysburgh to Mr. William Williamson. When it was known that such marriage was intended Mr. Wesley came to my house and discovered to my wife his desire of marrying her himself with expressions of much grief and in tears. And as he had not an opportunity of speaking to me he wrote to me as per enclosed copy (fn. n1). After the marriage he appeared inconsolable, sometimes wanting to see her, at other times he promised he would never see her, and in this manner at several times addressed himself both to Mr. Williamson and me and never failed to assure each of us of the strictest love and friendship, generally with this conclusion 'It is the Lord's will and I will submit to it'. As I had preserved a steady regard for a mutual friendship with Mr. Wesley I am certain nothing was wanting on my part to demonstrate it. Therefore when or on what occasion it was that he first resolved to act otherwise he best can tell. So much as appeared openly to me is notified in my journal and I can't help saying that for some time before, and ever after, his refusal of the sacrament of the Lord's Supper to my niece, his expressions seemed doubtful and his actions showed a resolution to join with and be an advocate for every discontented person he met with, the facts of which will be self-evident.
	As to the prosecution begun against him (though just in itself) I did my endeavour for the sake of his holy function and religion in general that it might have been before you only; and I am apt to believe should have prevailed if his pretended friends had not spurred him so far as to publish many pretended reasons for what he had done and in general gave out he had your authority for it and in others insinuated that my niece had been guilty of something very notorious which in due time he would make appear. As the complaints concerning Mr. Wesley's behaviour had been many and obviously just, with great submission to you, it would not have been consistent with my duty as a magistrate to hear and see such novelties introduced, such powers set up, such actions done and designs carried on, having such fatal tendencies, without endeavouring to stop them, upon application made. Therefore (having first duly taken examinations upon oath) indictments were drawn and laid before a grand jury, which being returned by them as true bills and the people having thereby an opportunity of showing their resentment for the facts therein mentioned, I obtained an order of court to stay all prosecutions against Mr. Wesley either concerning said indictments or action brought by Mr. Williamson till you should be acquainted with it and your pleasure known in the matter.
	It was now natural to suppose that Mr. Wesley (seeing himself thus attacked) would endeavour at any rate to trouble the waters that he might glide with less observance. As the grand jury was very numerous it could not be supposed but some of them had private discontents, but it was almost past supposition that any set of men bred up in a full enjoyment of goods, laws and liberties could entertain the opinions they seemed (by their resolution) to have imbibed. They had resolved that it was the just privilege of a grand jury to swear as well as examine witnesses and to send (by their own authority) for persons, papers and records; also that the declaration or complaint of a grand juryman was (as such only) sufficient evidence and binding upon the rest to charge any man; also that they had power to adjourn themselves from time to time (as they thought fit) and to sit till they should resolve there was no more business before them. As during these debates they had gathered that the magistrates would soon break up their sitting, they dispatched William Aglionby to Charleston (a pretended lawyer) with the queries as mentioned in my journal. Mr. Wesley was so far visibly interested in these debates that it was moved not to return the bills against him till they had gone through with the other business and Joseph Watson (whose case he had particularly espoused) was become a petitioner to the inquisition at Savannah, as he termed it.
	Having said thus much concerning Mr. Wesley's behaviour, it is necessary I should relate another observation I have since made on his expressions in some of our former discourses, when he told me that he had been informed by several people in town (to the following purport) that he was sent into the colony and had instructions to enforce some particular designs of the Trustees which they (the Trustees) were apprehensive would be disagreeable to the people and that he was to represent to them all such who acted contrary or opposed his measures. This he expressed as if (in such a situation) they who informed him of it imagined him to be a tool. To this I must add what a gentleman told me, when the grand jury was sitting on said Mr. Wesley's affairs, with a desire to be nameless till he could have an opportunity of speaking to Mr. Oglethorpe himself, vizt. that Mr. Bromfield and Patrick McKay came to him (as he apprehended to sound his thoughts) when they had some discourse of Mr. Watson's imprisonment and (concerning which) he the informant expressed his compassion; that Mr. Bromfield then said the true reason for Watson's imprisonment was too evident, for in his hearing said Watson on his first arrival in the colony asked Mr. Oglethorpe what laws he intended for the colony to which Mr. Oglethorpe (as he believed very inadvertently) answered such as the Trustees thought proper, what business had poor people to do with law (or words to that purpose); that Mr. Oglethorpe since apprehending it in Watson's power to testify what Mr. Oglethorpe had said and that such testimony would discover his arbitrary designs, therefore had taken the opportunity to continue Watson's imprisonment as a means to prevent such a plain discovery; and that he the said Mr. Bromfield verily believed the Wesleys were instructed by Mr. Oglethorpe to exercise the authority he had pretended to set up, the better to introduce a slavish obedience among the people.
	I had given my promise to the gentleman who informed me of this (who till then and ever since has appeared to me to be a man of integrity) not to mention this in any shape. Therefore, then depending daily on Mr. Oglethorpe's arrival, I made no mention of it in my journal or otherwise. But as his desire for such secrecy could only arise from a fear of being discovered and prevented from doing other serviceable things, length of time has now taken off that danger and Mr. Wesley's journey to England and letters hither make it necessary. It is therefore easy to guess with what quarter Mr. Wesley concerned when he intimated that some people imagined him to be a tool.
	I have frequently called upon the recorder to transmit the proceedings of the court etc. I hope they will soon be finished and transmitted, but though doubts may probably arise without them I could not prevail on myself to be particular in an affair wherein I am so much concerned. I am collecting the several improvements on the land to be transmitted with the general accounts.
	By accounts from the southward all the cultivations of land there are rendered abortive for want of rain. This part of the province will fare much better and those who have been industrious and have not met with other disappointments will have a good crop. The long expectation of Gen. Oglethorpe's arrival being hitherto frustrated gives opportunity for disturbances to grow among the traders to the disquiet of the Indians. The government of Carolina are daily sending agents, messengers and traders into the several nations and the licenced traders from hence inform me that many come into each without any licence. Thomas Wright, against whom I had issued a warrant by command of Mr. Oglethorpe, was taken at Augusta and is now in gaol till evidence can come to prosecute him. The whole province is very happy as to its health and I wish for your orders to remedy the several matters laid before you as a means to make it happier, always hoping for the establishment of some power whereby uncertainties may be removed.
	Agreeable to your accountant's letter of 17 February last I have expected to receive your orders for the expenses of the present year and should they not arrive before Michaelmas next it will be difficult for me to pacify Capt. Macpherson and many other people without disobeying your repeated commands. This I promise and trust you will never find me guilty of making or contracting wilfully any unnecessary expenses and that I will and shall be found to dispatch the public accounts with what speed I can, as also to go through the whole public business with that duty and integrity as becomes me. Signed. 7 small pp. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos. 142–145d.]
July 26. Savannah.	371 Thomas Causton to Harman Verelst enclosing diary to 24 September 1737, duplicates of receipts to 24 June 1738, copies of issues of stores taken from the day book to 1 December 1737. I have taken an inventory of stores to 24 June last and would have sent it had not multiplicity of business prevented. The same reason must unavoidably be given for not sending the accounts as mentioned in my last letter. As no time here is lost, these and all other things needful shall be done with all possible dispatch. Signed. ½ p. Endorsed, Recd. 13 December 1738. [C.O. 5, 640, fos. 146–147d.]
July 26. Whitehall.	372 Council of Trade and Plantations to Governor Edward Trelawny. In answer to that part of your letter wherein you recommend to us a three gentlemen to fill up the vacancies in the council in the room of those who have withdrawn, we must acquaint you that as Mr. Rose Fuller has been already sworn in by Mr. Gregory and is besides one to whom you have no objection we think it right he should be continued and shall accordingly recommend him; as we must likewise Mr. Matthias Philp whose interest has been so strongly supported here that we could not refuse him our recommendation; and we have some time since represented in favour of Mr. Edlin to succeed Mr. Garbrand. We by this means have it not in our power to oblige you in more than one of your nominations, Sir Simon Clarke, who stands first upon your list. At the same time we assure you we shall always have a proper regard for those whose names you shall transmit to us in order to be of the council, being desirous as well in this respect as in every other of convincing you of the esteem we have for you. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. P.S. Your agent, Mr. Sharpe, who attended us on behalf of the three councillors proposed by you to fill up the present vacancies will give you a further account of that matter. We have this moment received your's of 26th May; but the papers therein mentioned are not yet come to hand. Signatory, Monson. P.P.S. Since the signing of this letter and postscript the box you mentioned with public papers has been brought to the office. Signatory, Thomas Hill. 3½ pp. [C.O. 138, 18, pp. 285–288.]
July 27. Whitehall.	373 Same to the King, recommending Rose Fuller, Sir Simon Clarke, Bart., and Mathias Philp to be councillors in Jamaica in the room of Edward Charlton, Henry Dawkins and William Gordon who, having withdrawn in President Gregory's time, now refuse to reaccept that office. Entry. Signatories, Monson, M. Bladen, James Brudenell, R. Plumer. 2 pp. [C.O. 138, 18, pp. 289–290.]
July 27. Whitehall.	374 Same to Duke of Newcastle. Having received from President Bull of South Carolina a representation of the present state of that province, together with several examinations, depositions and letters relating thereto, and likewise a large map of that country, we should have sent copies to you but are informed that you already have them. Signed, Monson, R. Plumer, James Brudenell, M. Bladen. 1 p. [C.O. 5, 384, fos. 40–43d; entry in C.O. 5, 401, pp 300–1; draft in C.O. 5, 381, fos 298, 298d.]
July 27. Whitehall.	375 Order of Committee of Council for Plantation Affairs, referring the following to Council of Trade and Plantations. Signed, W. Sharpe. Seal 1 p Endorsed, Recd. 19 August, Read 4 October 1738. Enclosed,
	375. i. Petition of John Hammerton, Secretary and Register of South Carolina, to the King, for payment of money for fees due to himself and other officers for surveying and granting lands for the new townships. These officers agreed to compound their fees for an annual salary. Notwithstanding orders from the governor, the lower house of assembly forbade payment of these salaries. Prays for instructions to the governor for procuring payment. Copy. 2½ pp. [C.O. 5, 366, fos. 123–126d.]
July 27. Whitehall.	376 Same, referring the following to the Council of Trade and Plantations. Signed, W. Sharpe. Seal. 1½ pp. Endorsed, Reed. 19 August, Read 4 October 1738 Enclosed,
	376. i. Petition of John Hammerton of South Carolina to the King. By virtue of letters patent of 11 February 1731/2, petitioner holds the offices of secretary and register in South Carolina, notwithstanding which he was excluded from the office of register by the late Governor Johnson, who appointed his son, Nathaniel Johnson, to that position. Mr. Johnson is now dead. Prays for directions for establishing him as register. Copy. 2½ pp. [C.O. 5, 366, fos. 127–130d.]
July 27.	377 Francis Fane to Council of Trade and Plantations. I have reconsidered an Act passed in South Carolina in 1731 for drawing juries by ballot and for the administration of justice in criminal cases and also the objections of Chief Justice Wright to the said Act. Mr. Wright's objection to the 1st paragraph is that persons named in the schedules annexed and no others shall be obliged to serve on juries. But this nomination was to continue only three years which are long since expired, after which a method is prescribed for naming the jurors, vizt. that the names of those who have paid 20s. or upwards for the preceding year's taxes shall be transcribed and out of those who have paid 5l. shall be made a list of grand jurymen, and after a sufficient number of them are named all those who have paid 20s. or upwards shall stand as a list of petty jurymen (unless other lists be appointed by the assembly), which seems to be a very fair and equal method of nomination. Indeed there is a restriction for those jurymen that are to serve at special courts, vizt. that they should be inhabitants of St. Philip's, Charleston, which seems to be intended only to prevent jurymen being obliged on those occasions to take expensive journeys. After this follows the proviso for summoning juries on inquests of office and other special occasions, to which Mr. Wright objects that the method prescribed by the Act is impracticable, but this does not very clearly appear to me.
	He further objects that this method is contrary to our law which directs that juries should be summoned out of the neighbourhood; as to which I think his objection very material and can see no reason why juries on inquests of office should be summoned out of the inhabitants of St. Philip's when the lands which the person died seized of may be very remote from it. The paragraph which allows a conscientious declaration and affirmation instead of an oath seems very loosely drawn. We have the like provision in England in the case of Quakers but the Act prescribes the particular form of affirmation. The paragraph in relation to the assistant judges mentions that they are to be commissioned by H.M. or by the governor and commander-in-chief, which last in my opinion seems very proper on account of the necessity of supplying those places before it can be done by H.M.
	The allowing counsel and a copy of the indictment to felons is contrary to the practice in England but seems in itself very reasonable, and in case of treason it is allowed here by virtue of an express law; and even felonies though persons are not allowed to make their full defence by counsel, the court generally indulges them in giving their clients all possible assistance. The allowing a copy of the indictment may indeed occasion some cavils but as those may be easily avoided by a little care in drawing the indictments, I think there is not much weight in this objection.
	Upon the whole as it is apprehended many inconveniences may arise in the administration of justice if this law is not repealed, and as I cannot observe that the repealing of it will be attended with any ill consequences, for the law relating to juries will then stand upon the same foot as it did before the passing this law, I am therefore of opinion that you may advise the repeal of it. Signed. 2½ pp. Endorsed, Recd., Read 27 July 1738. [C.O. 5, 366, fos. 107–108d.]
July 27. Boston.	378 J. Bowden to Duke of Newcastle. Samuel Waldo has lately gone for England to complain against Governor Belcher for hindering his attempt to effect settlements of the eastern lands near Nova Scotia. New Hampshire also has lately complained against the governor and everybody here knows that what is set forth in that complaint is true. The dismissal of Governor Belcher and his replacement by Mr. Shirley would be best for this province. What a relief it would be to thousands of H.M.'s good subjects to deliver them from the oppression and tyranny of this sad fellow. Signed. 1¼ pp. Endorsed, Recd. 15 October. [C.O. 5, 899, fos. 341–342d.]
July 31. Kensington.	379 Order of King in Council approving draft instructions for Samuel Horsey, governor of South Carolina, with alterations proposed by Committee of Council for Plantation Affairs. [See A.P.C., Colonial Series, 1720–45, pp. 607–608.] Signed, W. Sharpe. Seal. 3½ pp. Enclosed,
	379. i. Instructions for Samuel Horsey, Governor of South Carolina. Draft. 69 pp.
	379. ii. Instructions for the same relating to trade and navigation. Draft. 39 pp. [C.O. 5, 197, fos. 155–216d; copy of order, endorsed Recd. 8 May, Read 8 June 1739, in C.O. 5, 367, fos. 23–25d.]
July 31. Kensington.	380 Same, directing that the Master General of Ordnance cause a supply of great stores and smallarms to be sent to South Carolina. Copy, certified by James Vernon. 2½ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O 5, 367 fos. 21–22d.]
July 31. Kensington.	381 Same, ordering draft to be prepared of a special commission to empower the governor of South Carolina to establish a court of Exchequer. Copy, certified by James Vernon. 1½ pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 5, 367, fos. 21–22d.]
July 31. Kensington.	382 Same, approving draft of additional instruction to President James Dottin of Barbados. Signed, W. Sharpe. Seal. 1½ pp. Enclosed,
	382. i. Additional instruction to President Dottin to enquire into the accounts of Francis Whitworth, secretary and clerk to the council of Barbados, and to recommend to the assembly that provision be made for the payment of what is due. Draft. 1½ pp. [C.O. 5, 198, fos. 6–8d; copy of order and instruction, endorsed, Reed. 8 May, Read 31 May 1739, in C.O. 28, 25, fos. 79–82d.]
July 31. Kensington.	383 Same, appointing Reverend Walter Thomas to be a member of the council of St. Christopher's in the room of John Garnett, resigned. Copy certified by James Vernon. 2 pp. Endorsed, Recd. 8 May, Read 8 June 1739. [C.O. 152, 23, fos. 215, 215d, 220, 220d.]