America and West Indies: January 1731, 1-15

Pages 1-14

Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731. Originally published by His Majesty's Stationery Office, London, 1938.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


January 1731, 1-15

Jan. 2. 1. H.M. Warrant for appointment of Edward Bertie and John Hammerton, Secretary and Register of S. Carolina, for their lives and to be executed by them or sufficient Deputies, they having surrendered the grant of the said offices to them by the late Lords Proprietors etc. Countersigned, Holles Newcastle. Copy. [C.O. 324. 36. pp. 253, 254: and 324, 50. pp. 93, 94.]
Jan. 3. 2. Memorial of loss and damage (2704l. 2s. 2d. sterl.) sustained by Solomon and Elias de Paz of London, merchants, owners of the Friendship and cargo taken 24th Feb. 1728(9), off Jamaica, by two Spanish vessels, on her voyage from New England to Barbados etc. The Friendship was bought and fitted out in New England on their account. Signed, Elias de Paz. Endorsed, Recd, (from Elias de Paz) 22nd Jan., 173 0/1. 1½ pp. Enclosed,
2. i–viii. Invoice, bill of lading and correspondence relating to foregoing. [C.O. 388, 93. Nos. 4, 4 i–viii.]
Jan. 4.
St. James's.
3. H.M. Warrant for using the new Seal of N. Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 261, 262.]
Jan. 7.
St. James's.
4. Order of King in Council. Confirming Act of Jamaica concerning the estate of Thomas King, decd. Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1¼ pp. [C.O. 137, 19. ff. 87, 87v., 88v.]
Jan. 7.
St. James's.
5. Order of King in Council. Confirming Act of Antigua, 1729, for cutting off the intail of lands formerly of John Bradshaw decd, and settling the same upon Francis Delap of Antigua, merchant, etc. Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1¾ pp. [C.O. 152, 19. ff. 63, 67v.]
Jan. 11.
6. Governor Belcher to the Duke of Newcastle. Since I had the honour of writing you last I have met the Assembly of this Province and after recommending to them what I thought needfull for H.M. honour and service, and their own good, and in a more especial manner pressing upon them H.M. 27th Instruction for fixing a salary on me and my successor I waited on them in a session of eighteen dayes, and finding they wou'd come to no amendments on the bill they had past before, I dissolv'd them, and inclose your Grace a Journal of the pro- ceedings at this short session. I have issu'd writts for a new Assembly to meet the 10th of next mo. and hope there will be a change in the Assembly for the better advancing H.M. honour and service, and nothing in my power shall be wanting towards it. But should it be otherwise I think I have done but my duty in dissolving the late Assembly since they would come no nearer to the King's Instruction, etc. Repeats recommendation of Mr. Sherburn for Lt. Gov. of N.H. v. Dec. 15, 1730. On 24th Dec. received Additional Instruction of Sept. 26th for the better preservation of H.M. woods and issued Proclamations in both Provinces accordingly. Continues:—This day I receiv'd from Col. Dunbar H.M. Order in Council, 12th Nov., mentioning a representation that I was preparing a military expedition against Frederick's fort etc. Continues:—In this representation my Lord Duke there is not the shadow of truth, nor did I ever make the least attempt or preparation of that nature. Yet I am not at all surpriz'd that Col. Dunbar had the folly, and confidence as well as malice to make such a representation against me. Because I am lately told he has wrote many other palpable falshoods to do me all the hurt in his power, but if he would confine himself to truth I should not give myself any trouble about him: the ship by which this goes sails in the morning, that I shall not be able to send your Grace the necessary papers of a notorious riott committed by some people belonging to Frederick's fort on some of H.M. subjects of this Province, as also what I directed H.M. Lt. Govr. of this Province to do at Pemaquid upon a visitation I order'd him to make to all the fortifications of this Province. Another ship will sail in a few dayes by which I shall send these things for my justification, and which I believe will be to the intire satisfaction of H.M. and his Ministers, and convince your Grace with what injustice this gentleman has treated me. If he intends to take upon him the office of an informer upon all my actions, and then to present them in a false light, it will be giving your Grace and the rest of H.M. Ministers a vast deal of unnecessary trouble. I should be glad when he seeks to make any complaints against me for the future that he would serve me with a copy before he sends them away, then my answer might go in the same ship, and had he done so now, I presume there had been no occasion for H.M. order to me of 12th Nov., the matter on which it is founded being absolutely false. I ask pardon for giving your Grace so great an interruption from the vast affairs of Europe, that ingross your precious hours etc. Signed, J. Belcher. 4 pp. Enclosed,
6. i. Copy of proceedings of the General Court of the Massachusetts Bay, Sept., Oct., 1730, relating to a riot at New Harbour, near Pemaquid, in York County, upon the complaint of Josiah Grover against some Irish settlers, who seized him and his fishing schooner and company when he went to clear and settle some land there purchased by his ancestor, John Brown, from the Indians 15th July, 1625. He escaped to Boston and complains to the Governor, who instructed the Justices of York Town to enquire into the matter. Four Irishmen were apprehended at Pemaquid by the Sheriff and committed for trial at the next General Sessions. They acknowledged that they assisted in seizing Grover's schooner, and said that they had orders to do so from Alexander Hamilton, Captain of the Fort. When the Sheriff came near Pemaquid, he saw the colours flying at the fort, and being informed by some Irish people that they designed to resist him, he sent a message to the officer there that he came with authority to apprehend some criminals etc. and required his assistance, who answered that he would keep his fort and did not admit the Sheriff etc. The guns were loaded, but the messenger warned the officer that if he went on, they would every one be hanged. Upon which Hamilton said he would take advice with his Council, and went out of the fort, and the Sheriff entered without opposition etc. Copy. 11 pp.
6. ii, iii. Robert Auchmuty to Governor Belcher. Boston, 12th and 14th Dec., 1730. Gives his recollection of the conversation between the Governor, Col. Dunbar and himself at the Governor's house on 4th Oct., which was carried on with all the loyalty and harmony possible. No such words were used as that the King's Instructions signified nothing, or that the King had not an acre to the westward of St. Croix etc. Signed, Robt. Aukmuty. 3¼ pp. [C.O. 5, 898. Nos. 78, 78 i, ii.]
Jan. 12.
7. Order of Committee of Privy Council. Referring back to the Council of Trade and Plantations their report upon the petition of Lord Percival etc. for establishing a charitable Colony in S. Carolina, to consider the alteration proposed by petitioners, after hearing them thereupon etc. Signed, Temple Stanyan. Endorsed, Recd., Read 13th Jan., 173 0/1. 1¼ pp. Enclosed,
7. i. Alteration proposed by Petitioners in above report. In lieu of words to lay before H.M. lists of all such officers . . . . under their Common Seal, the words, Under their common Seal to constitute Courts of Record and other Courts to be held in H.M. name, and for the space of 21 years to appoint and displace all officers civil and military within the said district together with such other powers as have been granted on the first establishment of Colonys. 1 2/3 pp. [C.O. 5, 362. ff. 11–12v., 18v.]
[Jan. 12]. 8. Memorial of three Justices of Newfoundland to Governor Osborn. Copy of C.S.P. 1730, Sept. 25 encl. iv. Signed, Wm. Keen, Wm. Weston, A. Southmayd. Endorsed, Recd, (from Capt. Osborn), Read 12th Jan., 173 0/1. 1 p. [C.O. 194, 9. ff. 67, 68v.]
[Jan. 12]. 9. Queries by Governor Osborn. To desier the opinion of Council touching the power of the Fishing Admirals in persuant to the Act of Parliament. Whether the Fishing Admiral's power and Civill Majestrates interfere in any respect, and wether the former have any power to send warrents to constables, comit to prison, or command the stock, or wether they ought not to be subordinate to the latter. Whether the Justices of Peace may not act in Newfoundland by the Statu laws of this Kingdom. Whether I have not the power of a Justice of Peace and sett at their Quarter Sessions, or other meetings by virtue of my commission. Endorsed, Recd., Read 12th Jan., 173 0/1. ½ p. [C.O. 194, 9. ff. 70, 70v.]
Jan. 12.
10. Mr. Popple to Mr. Fane. Requests his opinion upon the preceding Queries. Encloses Governor Osborn's copies of Commission and that given by him to Justices of the Peace. [C.O. 195, 7. pp. 254–256.]
Jan. 12.
11. Council of Trade and Plantations to the Duke of Newcastle. Enclose copies of Governor Hunter's letter etc. 1st Oct., 1730. Autograph signatures. 1 p. Enclosed.
663. i. Extracts referred to in preceding. [C.O. 137, 47. ff. 79–85; and (without enclosure) 138, 17. p. 307.]
Jan. 12.
12. Col. Dunbar to Mr. Popple. Refers to former letters. Continues:—As to my disputes with the New Engld. people I hope I shall be justifyed; if ever any body was among them without disputes, I will own myself in the fault and submit to be sacrificed to their resentment; since their Committee was at Fredericksfort I have been threatened with many actions of trespass, and even high treason for building a fort and hoisting the King's colours, wch. they themselves prostitute at their little pallisadoed truck houses to exchange rum, molasses, and tobacco etc. with the Indians; I landed here the 10th instant haveing been 12 days in my passage from Fredericksfort; I was in great danger by islands of ice in the river of Kennebeck, but I was obliged to go into that river to stop some saw mills there who were destroying a fine swamp of pine trees near ye water upon lands wch. I have reserved for the Royal Navy in case the Proprietors or claimts. are disallow'd by H.M. etc. I could not avoyd makeing some appointments of lands within 10 miles of the fort, where people are clearing ye woods, and converting the timber, wch. is oak, birch, ash, maple and popple, to ship timber, cord wood, and for pottash, and in order to plant corn, garden seeds, hemp and flax in the spring, if I had not done so, of course all would have dispersed, and would never be induced to return, so that New England would boast of a victory, than which nothing could be a greater mortification to me; I have not presumed to make any grant, or exercise any sort of jurisdiction, tho' many applications have been frequently made to me in small cases, as a Governour or Majestrate; I dare not have refused hearing ye partys, then gave my opinion, complaining it was hard upon me, haveing no assistce. to be troubled with little disputes, and desired they might either defer matters or agree among themselves until majestrates could be appointed, and thus I have satisfied the people, and kept them together, but if after all, they must quit and loose their labour, many familys will be undone, and I the unhappy occasion of their misery, as I am at this time of my own ruine and my familys by my zeal and perseverance to promote this settlement, because I am convinced beyond all doubt that it will be very considerable and satisfactory to H.M.; I send to my Lords Commissioners a smal parcel of hemp and flax, the produce of new ground at Fredericksfort of this year and from New England seed, the seed wch. I had from Dantzick by way of London, being treacherously kept concealed until the season was over; I wish I had a fund to send for some of each this year, and for two or more potash makers to Poland or Russia. I think I could promise to serve England with those commoditys in return for their manufacturys without bringing away any of their mony, it is seldome any poor man's scheme is worth anything, however hints may be usefull to great ones; I ought to be sufficiently discouraged as no notice is ever taken from any of the Offices of my letters, yet I live in hopes, wch. onely supports my spirits. These small samples of hemp and flax, are not in such perfection as they would be had I been at the place in time ; ye person I chiefly depended upon to pull and dress them went away being discouraged by common reports, an Irishwoman pulled, water-rotted and dressed the flax, and the hemp was in the grownd when I arrived there in the end of October, so that it was dew-rotted and even frozen as it stood, the man who dressed it as you see it, has made ropes and geer for cattle and carriages of some of it, and assures me it is very strong, and undertakes to make it of as fine a colour as flax next year, he tells me ye hemp here will be finer than any European and has a good deal of the soft nature of flax etc. From Kennebeck I went to Casco, where there is onely one loading of masts provideing this year, the rest being contracted for at Piscatua, wch. I am glad of in respect to the Province of New Hampshire who are generally a loyal good sort of people ; I went to ye undertakers house for ye contract, and shewed him the orders I recd. to prevent logging, he insisted on his right not to be interrupted, and alleddged that he logged on his own private property etc. Refers to enclosed letters which passed between them. Continues:—Near his house wch. is built in the woods and upon grownd cleared within three years past, are five new mills each saw can cut 5 and sometimes 6000 feet of pine boards in 24 hours, he told me if I sho'd stop his mills it would be ten pounds pr. diem damage; the lands about Casco are generally called private property, and not one owner of a mill there but was pleased with the easy proposal I made them to prove their property. I hope I am not blameable for this condescention, and besides I am of opinion yt. few or none of them will be deemed good; some shewed me their titles wch. were patents passed by Sir Edmd. Andros in 1688, wherein are reserves of wheat and mony to the Crown as an annual quit-rent, when I took notice of those reservations, and sayd I would acquaint H.M. therewith, they then disdained those titles, and sayd they did not esteem them, for that they had some old titles from Sir Ferdinando Gorge and Indian deeds ; I asked why they would produce Sir Edmond Andros's pats, to me, they replyed because they seemed best to the eye, but that it was an imposition of his to extort mony from the people. Upon enquiry I find there are very many of those patents, and all register'd, and if no quit-rent has been received since, wch. is payable to H.M. or His Capt. Genll. of the Masachusets, it will amount to a considerable sum, and may easily be recovered after a reform in this Governmt., wch. I hope is now upon the anvil. What I am now speaking of is in the large county of York, formerly called the Province of Maine, 90 miles along the sea coast and backwards to ye South Sea in the original grant; My Lords Commrs. may think that country is settled and peopled, whereas 20 miles in length and halfe so much in width would be sufficient for them; there is yet onely one line of towns layd out there and they extend all along the shore and onely eight miles backwards into the country, thus many many millions of acres lye wast, whilst these gentry are opposeing H.M. to make other parts usefull to the Crowne; if such matters are not represented home, no remedy can ever be applyed; this country not content with all this; do claim most part of Nova Scotia; it is this stragling manner of settlement has (with their natural ill treatment of all persons) allways exposed them to the insults of the Indians, which (besides many poor souls cutt off), has cost them a great many thousand pounds, and all might have been prevented by gentle usage and some small present yearly to the poor natives, who, unprovoked, seem a good natured people; I herewith send you a complaint from a Jesuit at one of their tribes settlemt., to whom I wrote in English hearing he was an Irish or Scotchman ; I hope by his influence to secure the friendship of his tribe. Acknowledges receipt of H.M. Additional Instruction for giving his share of the penalties upon loggers to informers. Will endeavour to prevent any abuse of that indulgence etc. Continues:—I likewise received (Sunday, 10th Jan.) an office pacquet for Governour Belcher, with which I went to wait upon him, and he being ingaged at dutys (as they call them) I sent it by a gentleman on Monday morning, and wrote to him that some reasons to which he was no stranger prevented my waiting upon him, one of wch. was, the threats of the mobb etc. Encloses his answer, (encl. i). Continues:— It is wonderfull how this great man and generally his country- men can act and say, and deny both. His behaviour and useage of me is beyond my imagination, and tho' to my face he denyed many things, I could prove them by many wittnesses, his last stroke is most provokeing of all, he has given out here that I was a spy in Spain and was so here now upon him and the country. I hope as he is not comeatable here my Lords will think I ought to have some satisfaction for so gross an abuse, one consequence of it had likely to have fallen lately upon Capt. Protheroe, Commander of ye Station ship, who walking in ye street, a man enquired of another who he was, answer was made, Collo. Dunbar, whereupon one replyed God d-––n him lett us mobb him, but being undeceived, the Capt. escaped; I came onely hither to attend the Courts upon account of the expences I was unawares drawn into last year at Fredericks- fort, and here mett the additional trouble of the return of 500l. sterl. bills drawn by me on my groweing sallary wch. are pro- tested. I intend in a few days to New Hampshire and into the woods, and to send one of my Deputys to remain at Casco. You no doubt have all the proceedings of this Great and General Court transmitted by his Excy. to my Lords, no Governour was ever more hated than he, and notwithstanding any assure- ances he may give to the Ministry of succeeding in getting a fixed sallary from the new Assembly, everybody tells me it never will be given to him, and his pretences are onely to spin out time, and keep the affair out of Parliament. I am even told that the country have soe great an abhorrence of him for betraying them (as they call it) that many of the first rank are upon an Address to H.M. to give them any other Governr. and they will comply with the Instructn. His chief Councilour and favourite is the famous incendiary Dr. Cook, whose character is known at home, and both the Govr. and Doctor irreconcileable enemys to ye Dudley family who are reputed ye chiefs of this country; they were allways for the sallary and the favourite Cook ever against it, wch. seems unaccountable that a Governour is in earnest, and caresses the man, who is at the head of his opposers. My Lords have heard of Govr. Wentworth's death of New Hampshire, he was a worthy honest gentleman, and is much lamented by the country, it is worth nothing to be Leiut. Governour, who has no sallary but 200l. this country mony, which all chief Governours before Mr. Belcher gave out of their 200l. sterl., and he would not give a shilling, nor is that small province able to give any; they are apprehensive that Mr. Belcher has recommended one Mr. Waldron to be Lt. Govr., who was Clerk to the Council, and is so now and yet is made a Councillour and a Judge by Mr. Belcher, who has made great changes there, heavy upon gentle- men who were putt in by Mr. Shute and Mr. Burnet for their dutyfull and cheerfull complyance wth. ye Royal instructions. Mr. George Jaffrey is one of them, he is of the Council, was one of the Judges, and Treasurer of the Province, and Vice-judge of the Admiralty, he is a man of good sense, fortune and figure, and much the fittest to command that Province, I believe he would accept of it, tho' I really do not know, but this I am sure that no man there is more disaggreable to the King's friends than Mr. Waldron. I was exceedingly surprised upon my arrival here two days agoe to hear that Govr. Belcher had closetted Mr. Auchmuty the Advocate General and prevailed upon him to give a strange turn and construction to the conference he was wittness to, wch. I gave my Lords an account of by my brother. I taxed the Advocate Genll. with it who swore to me it was false, and that he omitted nothing but the Governour's telling me of sending down 500 men to dismantle the fort and take the people prisoners, he promised to send me a copy of what he gave Mr. Belcher, and to add that circumstance to it, wch. he sayd had escaped his memory, but I rather take it he did it out of complemt. to His Excellency. Mr. Auchmuty has told ye story as I related it to my Lords Commrs., in twenty places in this town etc. Continues:—I am informed that many heads here are now at work plodding against me. I defye all the world whilst they stick to truth, but they would do anything to have me removed etc. I am this moment told that there is a Council sitting upon the report of the tryal of the four poor men, brought from near Fredericksfort by order of this General Court fr. the High Sheriffe of the county of York in October last, it is sayd they are convicted but I am not able to learn for what crime etc. I told you formerly they had onely stoped a sloop from taking away some staves cutt by themselves. The Governour wanted to try them for piracy. Pray Sir, Lay this before my Lords etc. Signed, David Dunbar. Endorsed, Recd. 16th March, Read 13th Oct., 1731. Holograph. 14 pp. Enclosed,
12. i. Governor Belcher to Col. Dunbar. Boston, Jan, 12, 173 0/1 Acknowledges packet. "If you had inclined to have come with it yourself, I am a stranger to any reasons why you did not etc." Does not believe he is in the least danger from the mob, and would protect him, if there should be any appearance of that etc. Signed, J. Belcher. Endorsed as preceding. 1 p.
12. ii. Jacques Siresme, Jesuit Priest among the Abnaquis, to Col. Dunbar. 30th Dec. (N.S.), 1730. Acknow- ledges letter and looks forward to visiting him in the spring. Does not understand English. Is surprised that he makes no mention of religion etc. Signed, Jacques Siresme, Jesuite etc. Two letters, one in Latin, one in French. The whole endorsed as preceding. 2 pp.
12. iii. Robert Auchmuty to Col. Dunbar. Boston, 26th Jan. 1730. Makes good the omission in his account of the conference between Col. Dunbar and Governour Belcher, as described in covering letter. Signed, Robt. Auchmuty. 1¾ pp.
12. iv. Boston Gazette, Oct. 12th, 1730. Numb. 567. With a notice of Col. Dunbar that he has warned the people he found cutting white pine trees in Sheepscot or Sheepsgut river that he had included that place among the 300,000 acres of timber to be reserved in Nova Scotia for trees for the Royal Navy etc. Printed. 2 pp.
12. v. Major Cope to Jerr. Dunbar. Boston, 27th Jan., 1730. The chief occasion of Governor Philips' ordering me to this place was the prospect of engaging severall French Protestant families, to goe (agreable to their own propositions) and settle in Nova Scotia, being disapointed in that view, shall return to Annapolis Royall, not well pleas'd" etc. Comments on the two letters (encl. i and iii) which have come to his hands etc. The latter shows that the conversation between Col. Dunbar and Governor Belcher amounted to the full to what the former wrote Col. Tayler on 12th Nov. (v. CS.P. 17th Nov.), 1730 etc. Signed, Hen. Cope. Holograph. 3 pp.
12. vi. Copy of correspondence betwen Col. Dunbar and Lt. Gov. Tailer. v. CS.P. 17th Nov., 1730. 4 pp. Enclosures iii–vi, endorsed as covering letter. [C.O. 217, 6. ff. 39–46, 47, 48, 48v., 49v., 50v.–54, 55–56v., 57v.]
Other enclosures in preceding covering letter :—
[Jan. 12]. 12. vii. Col. Dunbar to Mr. Westbrook. Casco, Jan, 7, 1730 (1731). Reply to following.
"You desire me to shew you and your workmen such trees as we have remarked fit for H.M. use. That wood be an imployment for us all and of course neglect our duttyes in other parts" etc. But will appoint a deputy to attend him, though it is contrary to what he objected last year. "My brother was with you great part of that winter and has yr. letter by way of certificate how effectually he prevented the destruction of the timber on Saco River, which I find you have forgot" etc. Signed, David Dunbar. Endorsed, Recd. 16th March, Read 13th Oct., 1731. 3 pp.
[Jan. 12]. 12. viii. Col. Westbrook to Col. Dunbar. 6th June [sic], 173 0/1. Desires his assistance, according to Instructions, in selecting trees for the Navy under Ralph Gulston's contract. Much timber up Saco River was cut and destroyed last fall by permission of his deputy. "But behold when yr. brother come to inform you of it no man like him to be imployed in them parts to take care of ye King's interest etc. I have great reason to beleive you have continued this officer of yrs. with some private veiws to damnify my interest and intercept Mr. Gulston in his complying with his contract etc. Signed, Tho. Westbrook. Endorsed as preceding. Addressed. 1 p. [C.O. 5, 873. ff. 139–140v., 143, 143v.]
[Jan. 12]. 12. ix. Thomas Westbrook to Col. Dunbar. Scarborough. 23rd Feb., 17 2/3 9/0. Reports rumour of his death. His brother came in the nick of time to save the timber at Saco Falls, "which I inform you of when I was in Boston. Saveing some trees which was cut about two months afore we got there, and just as we got there. There was six teams going up in the road and some of them had just begun to fall and had fallen 10 or 11 trees which your brother markt" etc. Signed, Tho. Westbrook. Addressed. ½ p. [C.O. 5, 873. ff. 142, 142v.]
Jan. 13.
13. Governor Belcher to the Council of Trade and Plantations. Repeats gists of covering letter, Jan. 11th, and refers to those enclosures. Adds:—These things, my Lords, are the whole of what I have ever done respecting Frederick's Fort etc., and how was it possible for me to do less? I inclose your Lordships a memorial I deliver'd into H.M. Secretary of State the 15th May last, in answer to which I should have been very glad of some orders or directions for my conduct, but never receiv'd a word of answer till his Majesty's order in Council of 12th Novr. last. According to the clause of the Charter cited in my memorial these lands My Lords are doubtless a part of this Province, and agreeable thereto your Lordships will find in H.M. Commission to me these words, "And the lands lying between the said territory of Nova Scotia, and the Province of Main." Quotes Commission to show that it makes the Charter "the great rule of my Government" etc. Continues:—How dare I then disobey H.M. or betray the trust he has repos'd in me by refusing a legal protection to his good subjects, when they apply to me. These rioters, My Lords, have been since legally convicted in H.M. Courts, and must doubtless undergo the penalties of the law for such a breach of H.M. peace, and so notorious an assault and riott committed upon the property, and liberty of H.M. good subjects. I am here, my Lords, H.M. Govr. to see a good execution of all his wholsome laws for the safety of his subjects under my care in their lives and estates, and to this end I will endeavour carefully to use the power the King has delegated to me in his Royal Commission etc. Continues:—It is false in Col. Dunbar to say, No private persons have hitherto set up any claim on those lands, because there have been a great many claims made, and are made daily, and the people that claim think they have a just right (tho' not by any grant of this Province) and one of the men whom Coll. Dunbar's people riotted and assaulted has a claim there descended down to him for 105 years past as may be seen in his complaint against these notorious riotters. My Lords, every man's private property is his life, and I can't answer for people's giving away what they think their own. But for the right of this government to those lands according to the Royal Charter. Had Coll. Dunbar wisely manag'd about 'em I think I should have had influence enough with this Assembly to have made a cession of their right to the Crown : and it was always my opinion that it wou'd be greatly to the advantage of this Province, that the Crown should settle those lands. Yet etc. I know not how to answer those that say, The Crown has always supposed these lands to be a part of this Province, or why have the Govrs. of the Massachusetts been ordered from time to time to insist with the Assemblies to rebuild the Fort at Pemaquid. They say why have not the Governours of New Hampshire and Nova Scotia had those Instructions, and again the King has directed the choice of a Councellour in the Royal Charter to be chosen on account of those lands, and who of course becomes one of the Legislators of H.M. Province of the Massachusetts Bay, and without such a Councellour the present Constitution cannot subsist. My Lords, I should be glad, I say, to be instructed how to answer these things etc. Concludes: —I am tired of writing as I fear your Lordships will be of reading, yet I must not be so vilely traduc'd and not answer for myself; I am an honest man, and hope ever to appear so. Nor cou'd I possibly have done more from my arrival to this day, than I have, in support of H.M. Dominions as well as for the welfare of the Provinces under my care etc. Signed, J. Belcher. Endorsed, Recd. 23rd Feb., Read 9th June, 1731. 7¾ pp. Enclosed,
13. i. Memorial of Governor Belcher to the King. 15th May, 1730. Has received accounts from New England that Col. Dunbar hath made settlements on lands lying between the River of Sagadehock and the Gulph of St. Lawrence, which the Province of the Massa- chusetts Bay apprehend to be part of the lands of that Province and not to be alienated but by grant from them according to the Royal Charter etc. quoted. Asks for plenary instructions how to conduct himself in this affair, and that Col. Dunbar may in the mean time be directed to withdraw from those lands, and forbear any further proceedings, till the right be fully deter- mined etc. Signed, J. Belcher. Endorsed, Recd. 23rd Feb. 173 0/1. Copy. 2 pp.
13. ii. Proclamation by Governor Belcher. Boston, 29th Dec., 1730. For preventing the destruction of the woods in the Massachusetts Bay, and publishing H.M. Additional Instruction relating thereto, 26th Sept., 1730. Signed, J. Belcher. Endorsed as preceding. Printed by B. Green. 1 p. [C.O. 5, 872. ff. 170– 175v., 176v.–177v., 178v.–179v. (with abstract).]
Jan. 13. 14. John Southall to the Duke of Newcastle. Encloses following scheme, "wch. I hope may be of advantage to H.M. Island Jamaica and to Great Brittain, and as the same may be put in execution without expence to any and can't but prove of profit and advantage to all, I wish it may meet with appro- bation" etc. Offers to give further explanations and to "make a draught of the island to show where and how long each road ought to be" etc. Signed, Jno. Southall, living at the green posts in the green walk near ye faulcon Southwark. ¾ large p. Enclosed,
14. i. Some considerations on the present state of the Island Jamaica, 1st In regard to its imminent danger from the slaves in rebellion, 2dly in regard to that island's past and present very great scarcity of provisions. Proposes the construction of roads, every inhabitant supplying his every sixth negro for that purpose etc. The rebel negroes would then have to surrender, and, amounting to 10,000 could be sold at 20l. a head to pay expences and for maintaining forts etc. The mountainous woods at present occupied by the negroes or unoccupied would then supply abundance of game and provisions. Also it is well known there have been veins of gold and silver ore found in the blew moun- tains, which the dread of the negroes alone prevents being explored etc. 2¾ large pp. [C.O 137, 53. ff. 297–298v.]
Jan. 14.
15. Council of Trade and Plantations to the Committee of Privy Council. Reply to Order of 12th instant referring back report of Dec. 17th. We do not apprehend any great inconven-ience that can arise to the publick, if H.M. should be graciously pleased to allow the petitioners under their common seal to constitute Courts of Record and other Courts to be held in H.M. name and for the space of 21 years to appoint and displace all officers civil and military within the said district. But the last words in the alteration proposed by them being too general vizt., together with such other powers as have been granted on the first establishment of Colonies, we propose to add in the stead thereof the following words, together with such other powers as may be necessary for the support and defence of the said Colony. [C.O. 5, 401. pp. 15, 16.]
Jan. 14. 16. Governor Belcher to the Duke of Newcastle. Refers to letter of 11th Jan. Continues:—My worthy friend and agent Mr. John Caswall will deliver this into your Grace's hands, to whom I have sent all the papers referr'd to in my last to be deliver'd to your Grace, wheh you'll please to order him to attend you with them etc. (v 11th Jan.). Continues:—These things are the whole of what I have ever done respecting Frederick's Fort etc. Continues: You'll find among these papers the copy of a memorial I made to the King and deliver'd into your Grace's hands when I had the honour to take leave of your Grace at Newcastle House, 15 May last, to which I should have been glad of an answer. But never reciev'd one word till H.M. order of 12th Nov. last came to my hands. In that Memorial your Grace will find cited a clause of the Royal Charter of this Province, making the lands at Pemaquid a part of this Province, and agreeable thereto they are contain'd in H.M. royal commission to me for this Government. Quotes from Commission directing him to act according to the Charter. Continues:—How dare I then disobey H.M. etc. by refusing a legal protection to his good subjects when they apply to me for it. These riotters have been since legally convicted in H.M. Courts, and must doubtless undergo the penalties of the law for the breach of H.M. peace, and so notorious an assault and riott etc. As H.M. Governor he will see a good execution of his laws etc. Continues:—Nothing can appear more false than Collo. Dunbar's saying I was preparing a military expedition against Frederick's Fort etc., nor did anything like it ever enter into my thoughts. It is also false in him to say no private persons have hitherto set up any claim to those lands, because there have been a great many claims made and are made daily, and the people that claim think they have a just right (tho' not by any grant of this Province) and one of the men whom Collo. Dunbar's people riotted and assaulted has a claim there descended down to him for 105 years etc. v. 11th Jan. [encl. i]. Continues:—Every man's property is his life, and I can't answer for people's giving away what they think their own, but for the right of this Government to those lands according to the Royal Charter. Had Collo. Dunbar wisely manag'd about them I think I should have had influence enough with this Assembly to have made a cession of their right to the Crown, and it was always my opinion that it would be greatly to the advantage of this Province, that the Crown should settle those lands. Yet etc., I know not how to answer those that say, the Crown has always supposed those lands to be a part of this Province, or why have the Governours of the Massachusetts been ordered from time to time to insist with the Assemblies to rebuild the fort at Pemaquid, they say, why have not the Governours of New Hampshire and Nova Scotia had those Instructions, and again the King has directed the choice of a Councellour in the Royal Charter to be chosen, on account of those lands, and who of course becomes one of the legislators of H.M. Province of the Massachusetts Bay, and without such a Councellour the present Constitution cannot subsist. My Lord Duke, I should be glad I say to be instructed how to answer these things. But that Gentleman has made himself so obnoxious to this countrey in general, that I can attempt nothing with hopes of success, where he has any concern. I humbly beg of your Grace, that at no time any complaint may take effect to my prejudice till I have time to make answer thereto for as it is the undoubted right of the meanest Englishman to be heard upon any accusa- tion, much more must it be the right of the King's Govr. whom H.M. in his royal Instructions is pleas'd to call the representative of his own person here. And I think Collo. Dunbar ought to observe a decency to a Gentleman who has the honour to bear so great a Commission from the King, yet I shall in my next show to your Grace how rude he has been on this head. I believe a short time will discover how little prudence he has, and consequently of how little service he can be to the Crown, in bringing forward the designed settlements. I hope always My Lord Duke, to maintain the character of an honest man, and I must assure your Grace it has been impossible for me to do more from my arrival to this day, than I have in support of H.M. honour and dignity, and for the interest of his British Dominions, as well as for the Provinces under my care etc. Signed, J. Belcher. Endorsed, R. 19th March. 5 pp. [C.O. 5, 898. No. 79.]