America and West Indies: June 1732, 6-10

Pages 137-156

Calendar of State Papers Colonial, America and West Indies: Volume 39, 1732. Originally published by His Majesty's Stationery Office, London, 1939.

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June 1732, 6-10

June 6.
255. Order of Committee of Privy Council. Approving representation of the Council of Trade and Plantations of 26th May, and ordering that they prepare instructions to Governor Johnson for granting 48,000 acres to Mr. Purry, (subject to the quit rent reserved by his Instructions after the expiration of the first ten years) upon the conditions proposed by the Lords Commissioners for Trade and Plantations, and likewise upon the further condition, that if any of the lands so granted, shall not be cultivated within the space of ten years from the date of the grant, such lands shall revert to the Crown etc. Signed, W. Sharpe. Endorsed, Recd. 9th, Read 13th June, 1732. 2½ pp. [C.O. 5, 362. ff. 87–8 v.]
June 7.
256. Duke of Newcastle to the Council of Trade and Plantations. Encloses following and signifies H.M. pleasure that the representation and copies of Instructions desired be laid before the House the next session of Parliament. Signed, Holles Newcastle. Endorsed, Recd., Read 8th June, 1732. 1 p. Enclosed,
256. i. Addresses of the House of Commons to the King. 25th May, 1732. Desire that the Commissioners for Trade etc. prepare a further representation to be laid before the House next session of the state of H.M. Colonies and Plantations in America, with respect to any laws made, manufactures set up, and trade carried on there, which may affect the Trade, Navigation and Manufactures of this Kingdom; with copies of the several Instructions given by Her late Majesty, His late Majesty and His present Majesty to the respective Governors relating to the taking or not taking any sums of money by way of present or salary from the inhabitants, and when and how the same have at any time been varied; and also of such directions as have been given by their said Majesties for the repair of the forts and fortifications of Barbadoes and the Leeward Islands. Copy. 1⅓ pp. [C.O. 323, 9. ff. 114, 115, 115 v., 117 v.]
[June 9.] 257. Memorial of Richard Shelton to the Council of Trade and Plantations. Recalls his services as Secretary for 20 years to the late Lords Proprietors of the Carolina and the Bahama Islands. He suffered after the conclusion of the surrender of Carolina, which he had taken much pains to bring about. By his great industry and application he has brought about a treaty for the absolute surrender of the Bahama Islands. He is owed for arrears of salary and rent of office etc. nearly £1000. He did not put that debt into the demand made to the Crown, least it should have given occasion for inserting other large debts etc. and hinder that agreement. Prays for consideration, he being now out of imployment. Endorsed, Recd., Read June 9th, 1732. 1 p. [C.O. 23, 3. ff. 51, 54 v.]
June 9.
258. Copy of the Charter of Incorporation of the Trustees for establishing the Colony of Georgia. The preamble runs:— "Whereas We are credibly informed that many of Our poor subjects are through misfortune and want of employment, reduced to great necessities, insomuch as by their labour they are not able to provide a maintenance for themselves and familys, and if they had means to defray the charge of passage and other expences incident to new settlements, they would be glad to be settled in any of Our Provinces in America, where, by cultivating the lands at present waste and desolate, they might not only gain a comfortable subsistence for themselves and familys, but also strengthen Our Colonies and encrease the Trade, Navigation and Wealth of these Our realms; and whereas Our Provinces in America have been frequently ravaged by Indian enemies more especially that of South Carolina, which in the late war, by the neighbouring savages was laid waste with fire and sword, and great numbers of the English inhabitants miserably massacred, and Our loving subjects who now inhabit there, by reason of the smallness of their numbers, will in case of any new war be exposed to the like calamitys, in as much as their whole southern frontier continueth open to the said savages; and whereas We think it highly becoming Our crown and royal dignity to protect all Our loving subjects,, be they never so distant from us, to extend Our fatherly compassion even to the meanest and most unfortunate of Our people, and to releive the wants of Our abovementioned poor subjects; And that it will be highly conducive for accomplishing those ends, that a regular Colony of the said poor people be settled and established in the southern frontiers of Carolina; and whereas We have been well assured that it We would be graciously pleased to erect and settle a Corporation for the receiving managing and disposing of the contributions of Our loving subjects, divers persons would be induced to contribute to the uses and purposes aforesaid: Know Yee therefore that We have etc. of Our special grace, certain knowledge, and meer motion, willed, ordained, constituted and appointed, and by these presents for us. Our heirs and successors do will ordain, constitute, declare and grant, that Our right trusty and wellbeloved John, Lord Viscount Percival of Our Kingdom of Ireland, Our trusty and wellbeloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower, Robert More, Robert Hucks, Rogers Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Belitha, Esqrs., Stephen Hales, Mastr. of Arta, John Burton, Batchelor in Divinity, Richard Bundy, Master of Arts, Arthur Bedford, Master of Arts, Samuel Smith, Master of Arts, Adam Anderson and Thomas Coram Gent., and such other persons as shall be elected in the manner hereafter mentioned, and their successors to be elected in manner as hereinafter is directed, be and shall be one body politick and corporate in deed and in name by the name of the Trustees for establishing the Colony of Georgia in America" etc. The Trustees are empowered to purchase and receive lands, tenements etc., and to plead and act in as ample manner as any British subject; to have a common seal, and meet to carry on their business etc. On the 3rd Thursday in March yearly they may meet, and they or two-thirds of such of them as shall be present, may, between 10 a.m. and 4 p.m. elect members of the Corporation, and they, or the major part of them present, elect persons to fill the room of Common Councillors deceased or resigning, Persons elected to the Common Council shall take an oath to be administered by the President of the Corporation for the faithfull and due execution of their office. Our will and pleasure is that the first President shall be John, Lord Viscount Percival etc., and that he shall within 30 days after the passing of this Charter summon the several Members of the Corporation herein particularly named, to meet, to consult about and transact the business of the Corporation etc. The Common Council shall consist of fifteen etc.; and We do by these presents appoint the first fifteen of those enumerated above (Percival—Hales) to be the Common Council, to continue in their offices during their good behaviour. "And whereas it is Our royal intention that the Members of the said Corporation shall be increased by election as soon as conveniently may be to a greater number than is hereby nominated, Our further will and pleasure is that at the same time the Common Council shall be increased by election in the manner before directed to twenty-four etc. Edward Digby to be Chairman of the Common Council, and Lord Percival President of the Corporation until the meeting next after the first meeting etc., at which second meeting and at every subsequent meeting of the Corporation or Common Council respectively, all and every member of the said Common Council for the time being shall severally and respectively in their turns preside at the meetings of the Corporation or Common Council etc. The President or Chairman shall vote and act as a Member of the Corporation or Common Council, with a casting vote in case of equality of votes etc. Neither shall receive any salary, fee or perquisite, but both shall take an oath for the faithful and due execution of their trust. No person, who in his own or that of any other shall have any place of profit under the Corporation, shall be capable of being elected a Member of the Corporation, and any Member accepting such employment shall cease to be a Member of the Corporation. The Corporation, or major part thereof, at any meeting convened by proper notice for that purpose, shall have power to appoint persons to take subscriptions for the purposes aforesaid etc. The Corporation shall every year lay an account in writing before the Chancellor or Keeper of the Great Seal, the Chief Justices of the Courts of Kings Bench and Common Pleas, the Master of the Rolls and Chief Baron of the Exchequer, or any two of them, of all moneys or effects by them received or expended for the carrying on the good purposes aforesaid. The Corporation is empowered to make, alter or annul such laws, constitutions, orders and ordinances as to them or the greater part of them at their general meeting by that purpose shall seem meet, necessary and convenient for the well ordering and governing of the said Corporation etc., and to impose reasonable pains and penalties upon transgressors thereof etc., so always as the said by-laws, penalties etc. be reasonable, and not contrary or repugnant to the Laws and Statutes of this Our realm. Such laws etc. to be confirmed by the general meeting of the Corporation kept next after the same shall be respectively made. Continues: And whereas the said Corporation intend to settle a Colony and to make an Habitation and Plantation in that part of Our province of South Carolina in America hereinafter described, Know Ye therefore that We greatly desiring the happy success of the said Corporation, for their further encouragement in accomplishing so excellent a work, have of Our especial grace certain knowledge and meer motion given and granted, and by these Presents for Us, Our heirs and successors, do give and grant to the said Corporation and their successors, under the reservations, limitations and declarations hereafter expressed, seven undivided parts (the whole into eight equal parts to be divided) of all those lands, countries and territories situate, lying and being in that part of South Carolina in America which lies from the most northern stream of a river commonly called the Savanah, all along the sea coast to the southward unto the most southern stream of a certain other great water or river called the Alatamaha and westward from the heads of the said rivers respectively in direct lines to the South Seas, and all that space, circuit and precinct of land lying within the said boundaries, with the islands in the sea lying opposite to the eastern coast of the said lands within twenty leagues of the same, which are not already inhabited or settled by any authority derived from the Crown of Great Britain, together with all the soils, grounds, havens, ports, gulphs and bays, mines as well royal mines of gold and silver, as other minerals, precious stones, quarrys, woods, rivers, waters, fishings as well royal fishings of whale and sturgeon, as other fisherys, pearls, commodities, jurisdictions, royalties, franchises, privileges and preheminencies within the said territories and the precints thereof, and thereunto in any sort belonging or appertaining, and which We by Our Letters Patents may or can grant, and in as ample manner and sort as We or any Our royal progenitors have hitherto granted to any Company, Body Politick or Corporate, or to any Adventurer or Adventurers, Undertaker or Undertakers of any discoverys, or plantation or traffick of, in or into any foreign parts whatsoever, and in as large and ample manner as if the same were herein particularly mentioned and expressed, To have, hold, possess and enjoy the said seven undivided parts etc. for the better support of the said Colony, to be holden of Us, Our heirs and successors as of Our Honour of Hampton Court etc. in fee and common soccage and not in capite: yeilding and paying therefore to Us, Our heirs and successors yearly for ever the sum of four shillings for every hundred acres of the said lands which the said Corporation shall grant, demise, plant or settle, the said payment not to commence or be made until ten years after such grant etc. in such species of money or notes as shall be current in payment by Proclamation from time to time in S. Carolina etc. All which lands, countrys, territorys and premises hereby granted etc., We do by these presents make, erect and create one independent and seperate Province by the name of GEORGIA, by which name We will the same henceforth to be called, and that all and every person and persons who shall at any time hereafter inhabit or reside within Our said Province shall be and are hereby declared to be free, and shall not be subject to or be bound to obey any laws, orders, statutes or constitutions which have been heretofore made, ordered or enacted, or which hereafter shall be made, ordered or enacted by, for or as the laws, orders, statutes or constitutions of Our said Province of South Carolina, save and except only the command in chief of the militia of Our said Province of Georgia to Our Governor for the time being of South Carolina, in manner hereinafter to be declared, but shall be subject to and bound to obey such laws, orders, statutes, and constitutions as shall from time to time, be made, ordered and enacted for the better government of the said Province of Georgia in the manner hereinafter directed; And We do hereby etc. ordain, will and establish that for and during the term of one and twenty years, to commence from the date of these Our Letters Patent, the said Corporation assembled for that purpose, shall and may form and prepare laws, statutes and ordinances fit and necessary for and concerning the Government of the said Colony, and not repugnant to the laws and statutes of England, and the same shall and may present under their common seal to Us, Our heirs and successors in Our or their Privy Council, for Our or their approbation or disallowance, and the said laws, statutes and ordinances being approved by Us, Our heirs or successors in Our or their Privy Council, shall from thenceforth be in full force and virtue within Our said Province of Georgia ; and forasmuch as the good and prosperous success of the said Colony cannot but chiefly depend next under the blessing of God and the support of Our royal authority, upon the prudent and good direction of the whole enterprize, and that it will be too great a burthen upon all the members of the said Corporation to be convened so often as may be requisite to hold meetings for the settling, supporting, ordering and maintaining such Colony, Therefore We do will, ordain and establish that the said Common Council for the time being, of the said Corporation being assembled for that purpose, or the major part of them shall from time to time and at all times hereafter have full power and authority to dispose of, expend and apply all the monys and effects belonging to the said Corporation in such manner and ways and in such expences as they shall think best to conduce to the carrying on and effecting the good purposes herein mentioned and intended, and also shall have full power in the name, and on the account of the said Corporation, and with and under their common seal, to enter into any covenants and contracts for carrying on and effecting the purposes aforesaid. And Our further will and pleasure is, that the said Common Council for the time being, or the major part etc. assembled for that purpose etc. may appoint or remove etc. a Treasurer, Secretary other Officers etc. and reasonable salarys for their labours etc., and and all such officers shall, before they act in their respective offices, take an oath to be to them administed by the Chairman for the time being of the said Common Council etc., for the faithfull and due execution of their respective offices etc. The Treasurer and Secretary shall be incapable of being a Member of the Corporation etc. And We do further, of Our special Grace, certain knowledge and meer motion for us, Our heirs and successors grant by these presents to the said Corporation and their successors, that it shall be lawfull for them and their Officers or Agents at all times herafter to transport and convey out of Our realm of Great Britain or any other Our Dominions into the said Province of Georgia, to be there settled, all such and so many of Our loving subjects or any forreigners that are willing to become Our subjects and live under Our allegiance in the said Colony, as shall willingly go to inhabit and reside there, with sufficient shipping, armour, weapons, ordnance, munition, powder, shott, victuals and such merchandize or wares as are esteemed by the wild people in those parts, cloathing, implements, furniture, cattle, horses, mares and all other things necessary for the said Colony and for their use and defence and trade with the people there, and in passing and returning to and from the same. Also we do for Us, Our heirs and successors declare by these presents that all and every the persons which shall happen to be born within the said Province, and every of their children and posterity shall have and enjoy all liberties, franchises and immunitys of free denizens and natural born subjects within any of Our Dominions, to all intents and purposes as if they had been abiding and born within this Our Kingdom of Great Britain or any other of Our Dominions: and for the greater care and encouragement of Our loving subjects and such others as shall come to inhabit in Our said Colony, We do by these presents for Us, Our heirs and successors grant, establish and ordain that for ever herafter there shall be a liberty of conscience allowed in the worship of God to all persons inhabiting or which shall inhabit or be resident within Our said Province, and that all such persons, except Papists, shall have a free exercise of their religion so they be contented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the Government : And Our further will and pleasure is, and We do hereby for Us, Our heirs and successors declare and grant, that it shall and may be lawfull for the said Common Council or the major part of them assembled for that purpose, in the name of the Corporation and under their common seal, to distribute, convey, assign and set over such particular portions of the lands, tenements and hereditaments by these presents granted to the said Corporation, unto such of Our loving subjects natural born or denizens or others that shall be willing to become Our subjects and live under Our allegiance in the said Colony, upon such terms and for such estates and upon such rents, reservations and conditions as the same may lawfully be granted, and as to the said Common Council or the major part of them so present may seem fit and proper; Provided always that no grant shall be made of any part of the said lands unto any person being a member of the said Corporation or to any other person in trust for, or for the benefit of, any member of the said Corporation, and that no person having any estate or interest in law or equity in any part of the said lands shall be capable of being a member of the said Corporation etc.; Provided also that no greater quantity of the said Court be granted either intirely or in parcells to, or to the use of or in trust for any one person than 500 acres, and that all grants made contrary to the true intent and meaning hereof shall be absolutely null and void etc. The Corporation to appoint persons to administer the oaths appointed instead of the oaths of allegiance and supremacy, and also the oath of abjuration to all persons inhabiting or residing within the Colony etc., and in like cases the solemn affirmation to any of the persons commonly called Quakers, in such manner as by the laws of Great Britain the same may be administred etc. We do, of Our further grace etc. ordain etc., that the said Corporation shall have full power and authority for and during the term of one and twenty years to commence from the date of these Our Letters Patents, to erect and constitute judicatures and Courts of Record or other Courts to be held in the name of Us, Our heirs and successors, for the hearing and determining of all manner of crimes, offences, pleas etc. arising within the said Province etc. Such Courts etc. to have full power to administer oaths, or the solemn affirmation for the discovery of truth etc. And Our further will and pleasure is that the said Corporation do from time to time and at all times hereafter register or cause to be registered all such leases, grants, plantings, conveyances, settlements and improvements whatsoever, as shall at any time hereafter be made by or in the name of the said Corporation of any lands, tenements or hereditaments within the said Province, and shall yearly transmit etc. authentick accounts of such leases, grants, conveyances, settlements and improvements respectively, unto the Auditor of the Plantations etc. and Our Surveyor of S. Carolina etc., to whom We do hereby grant full power and authority from time to time as often as need shall require, to inspect and survey such of the said lands and premises as shall be demised, granted and settled as aforesaid, which said survey and inspection We do hereby declare to be intended to ascertain the quit rents which shall from time to time become due to Us, Our heirs and successors, according to the reservation herein before mentioned and for no other purpose whatsoever, hereby for Us, Our heirs mid successors strictly enjoyning and commanding that neither Our nor their Surveyor or any person whatsoever under the pretext and colour of making the said survey or inspection shall take, demand or receive any gratuity, fee or reward etc. on the pain of forfeiture of their office and incurring Our highest displeasure etc.; provided always etc. that all leases, grants and conveyances to be made by or in the name of the said Corporation, of any lands within the said Province, or a memorial containing the substance and effect thereof, shall be registred with the Auditor of the Plantations etc. within the space of one year from the date thereof etc., otherwise the same shall be void : And Our further will and pleasure is, that the rents, issues and all other profits which shall at any time hereafter come to the said Corporation, issuing or arising out of or from the said Province, etc. shall etc. be laid out and applyed in such expences and in such manner as the Common Council of said Corporation, or the major part of such of them as shall be present at any meeting for that purpose assembled, shall think will most improve and inlarge the said Colony, and best answer the good purposes herein before mentioned, and for defraying all other charges about the same etc. The said Corporation shall from time to time give unto one of the principal Secretaries of State and to the Commissioners of Trade and Plantations accounts of the progress of the said Colony. And Our will and pleasure is that no act done at any meeting of the said Common Council shall be effectual and valid unless eight members at least of the said Common Council including the Member who shall serve as Chairman [of] the said meeting be present, and the major part of them consenting thereunto. And Our will and pleasure is, that the Common Council etc., or the major part of them who shall be present, being assembled for that purpose, shall from time to time, for, during and until the full end and expiration of twenty-one years to commence from the date of these Our Letters Patents, have full power and authority to nominate, make, constitute, commission and appoint by such name or names, stile or stiles as to them shall seem meet and fitting, all and singular such Governours, Judges, Magistrates, Ministers, and Officers, civil and military, both by sea and land, within the said district as shall by them be thought fit and needfull for the government of the said Colony etc., (save always and except such Officers only as shall by Us, Our heirs and successors be etc. appointed for the managing, collecting and receiving such revenues as shall from time to time arise within the said Province etc. and become due to Us etc.). Provided always And it is Our will and pleasure that every Governor of the said Province of Georgia to be appointed by the Common Council etc. before he shall enter upon or execute the said office of Governour, shall be approved by Us, Our heirs or successors, and shall take such oaths and shall qualify himself in such manner in all respects as any Governour or Commander in Chief of any of Our Colonys or Plantations in America are by law required to do, and shall give good and sufficient security for observing the several Acts of Parliament relating to Trade and Navigation, and to observe and obey all Instructions that shall be sent to him by Us, Our heirs or successors, or any acting under Our or their authority, pursuant to the said acts or any of them etc-. The said Corporation etc. shall have full power etc. by any officer etc. by them appointed to train, instruct, exercise and govern a militia for the special defence and safety of Our said Colony, to assemble in martial array and put in warlike posture the inhabitants of the said Colony, and to lead and conduct them, and with them to encounter, expulse, repell, resist and pursue by force of arms, as well by sea as by land, within or without of Our said Colony, and also to kill, slay, destroy and conquer by all fitting ways, enterprizes and means whatsoever, all and every such person and persons as shall at any time hereafter in an hostile manner attempt or enterprize the destruction, invasion, detriment or annoyance of Our said Colony; And to use and exercise the Law Martial in time of actual war, invasion or rebellion in such cases where by the law the same may be used or exercised, and also from time to time to erect forts, and fortify any place or places within Our said Colony, and the same to furnish with all necessary ammunition, provision and stores of war for offence and defence, and to commit from time to time the custody and government of the same to such person or persons as to them shall seem meet ; and the said forts and fortifications to demolish at their pleasure, and to take and surprize by all ways and means whatsoever all and every such person or persons with their ships, arms, ammunition and other goods as shall in an hostile manner invade or attempt the invading, conquering or annoying of Our said Colony. And Our will and pleasure is, etc. that the Governour or Commander in in Chief of the Province of South Carolina etc., shall at all times hereafter have the chief command of the Militia of Our said Province hereby erected and established ; and that such Militia shall observe and obey all orders and directions that shall from time to time be given or sent to them by the said Governour or Commander in Chief, any things in these presents before contained to the contrary thereof in any wise notwithstanding. And of Our more especial grace, certain knowledge and meer motion, We etc. do give and grant unto the said Corporation etc. full power and authority to import and export their goods at and from any port or ports that shall be appointed by Us, Our heirs or successors within the said Province of Georgia for that purpose, without being obliged to touch at any other port in Carolina ; And we do by these presents for Us, Our heirs and successors will and declare that from and after the determination of the said term of one and twenty years, such form of government and method of making laws, statutes and ordinances for the better governing and ordering the said Province of Georgia and the inhabitants thereof shall be established and observed within the same, as We, Our heirs or successors shall hereafter ordain and appoint, and shall be agreable to law, and that from and after the determination of the said term of one and twenty years the Governour of Our said Province of Georgia and all Officers civil and military within the same, shall from time to time be nominated constituted and appointed by Us, Our heirs and successors. And lastly We do hereby for Us, Our heirs and successors grant unto the said Corporation and their successors that these Our Letters Patents or the inrollment or exemplification thereof shall be in and by all things good, firm, valid, sufficient and effectual in the law according to the true intent and meaning thereof, and shall be taken, construed and adjudged in all Our Courts and elsewhere in the most favourable and beneficial sense, and for the best advantages of the said Corporation and their successors, any omission, imperfection, defect, matter, cause or thing whatsoever to the contrary in anywise nottwithstanding. In witness whereof We have caused these Our letters to be made patents. Witness Ourself at Westminster the 9th day of June in the fifth year of Our reign. By Writ of Privy Seal. Countersigned, Cocks. This copy was examd. and compar'd with the origl. Charter, receiv'd from James Oglethorpe, Esq. (5 skins) pr. S.G. 8th Nov., 1732. [C.O. 324, 49. pp. 87–115.]
June 10. Annapolis Royal. 259. Lt. Governor Armstrong to the Council of Trade and Plantations. Refers to letter etc. of 5th Oct. etc. and reduced number of Councillors. Continues:—In consideration whereof, with the advice of the Council, which then consisted only of Major Alexr. Cosby, Major Paul Mascarene, John Adams, William Skene and William Shirreff Esqre., I admitted and swore Lieut. Otho Hamilton, a gentleman of an untainted charracter, and no less quallifyed in other respects to serve H.M. in such a station than any in the Province, and therefore I hope your Lordships will excuse my choice of military men, seeing the state of the Province is at present such as to have none other, unless the seat of Government was removed to Canso; since which Major Cosby has, without assigning any reason whatsoever to me, withdrawn himself, as by his letter No. 1 to Mr. Shirreff, appointed by H.M. to act as Secretary; whereupon by the advice of such members as were present, I have suspended him according to its tenor, till H.M. pleasure be thereon known. This gentleman and his father-inlaw, Mr. Winniel, endeavours, through a spirit of contradiction, to obstruct and oppose every transaction, tho never so necessary for H.M. service; for he has not only refused to act and give his assistance as one of the Council but even to officiate and to serve in his other stations under my command; as by his letter to Capt. John Jephson, now acting as Fort Major, for no other reason that I can possibly suggest, than that I won't permitt him to wrest out of my hands the authority H.M. hath been so graciously pleas'd to invest me with, which I shall at all times execute with as much levity and equity as possible, that I may thereby avoid H.M. displeasure, which I hope your Lordships will represent accordingly. But as this subject seems more immediately to be of a military than civil nature, I have therefore transmitted such things as thereunto relates, to the Secretary of War, to be laid before H.M., and shall only trouble you with a letter from the gentlemen of the Council, with their observations thereon No. 2. Since my afore recited letters of the 5th of Oct. and 16th of Novemr. last, I have been favour'd with one from your office, dated the 10th June, 1731, requiring an account of the manufactures set up, trade carried on, and of the laws made here, that may anywise affect the trade, navigation and manufactures of Great Britain, which coming to my hand but only this spring, and having laid it before the Council, they in answer thereunto made me the inclos'd report (No. 3) to which I shall only add that the defect of laws may be partly remedy'd, by the appointing of an Assembly of such members as the country can affoord, according to my proposition to your Lordships the 5th of Oct. last; for without some statutes this Province can never be rightly setled. Especially seeing the French here upon every frivolous dispute, plead the laws of Paris; and from that pretended authority contemn all the orders of this Government, and follow the dictates of their preists and the Bishop of Quebeck (or those of Cape Briton) who orders, not only the building of churches here, but sends whom, and what number of preists he may think proper, and in all other affairs takes the same liberty; whereof I have judged proper to transmitt the inclos'd letters Nos. 4, 5, 6, from Preist Dr. Godalie, wherein he contradicts himself, and Nos. 7, 8, are mine to him; notwithstanding whereof, and my positive orders to the deputys, he conveyed the young man therein mentioned out of the Province, so that without some particular directions in relation to the insolent behaviour of those preists, the people will never be brought to obedience, being by them incited to daily acts of rebellion. I must also acquaint your Lordships that a small colony of French have setled themselves in St. Johns River, upon the north side of the Bay of Fundy, who despise and contemn all authority here, as by the declaration of one René Le Blanc inhabitant at Menis No. 9, whereupon I sent them the inclosed summons No. 10, to which, as yet, I have had no answer. As our neighbours the French are daily endeavouring to encroach upon H.M. territorys, I therefore desire your mediation in that respect, and that you will favour me with advice and instructions what to do with such as are their agents here, if I should at any time happen to fall upon them, and particularly this Bourg mentioned in said declaration, whom Governor Philipps has appointed the King's Procurator at Menis, where, in consideration of the preists and these inhabitants' most disrespectful behaviour (being increased to a considerable body) (Governor Philipps before his departure from hence having also stopt the Seigniors' rent for H.M. use) I have under the pretence of building a magazine for said rents, given directions to have prepar'd and to be in readiness upon my arrival there, as many limbers and other materials as will make a lodgement for one company, which, as I hope it will prove for the good of the service, so I hope it will meet with your approbation, and that upon your laying the same before H.M., you will also advise me accordingly. Altho I have already wrote to you upon the subject of the seigniors, I must beg leave to acquaint you of what I have been since inform'd by some of themselves, viz., that one James St. Estien de Latour was the first created by the French king, which after his decease was convey'd to his children, viz: James, Charles, Ann, Margaret and Mary, share and share alike. James dy'd before the reduction of the place, but left four children, of whom Mrs. Campbell and Mrs. Purlie are still here, and the other two, a son and a daughter, retir'd themselves into the Dominions of France, as did also Charles where he died and has issue here. Ann married Mr. D'Entremont, who are both alive, and with their children, in number three sons and a daughter, have always remain'd in the Province, as also hath Margaret, who married one Mr. Plainmarais, by whom she has only one daughter alive, but eight more died before the reduction of the place. Mary married one Mr. Bellisle, by whom she had seven children, of which four retir'd to the territorys of the French king, where all died, except one, who is married and settled at Lewis Bourg, the other two, viz. Alexr. and a sister, Mrs. Drew, are with their mother still here, and have several children, but as this Alexr. who married an Indian, and has always resorted and liv'd amongst them, and even incited them to committ hostilitys; and as he hath taken no manner of notice of this H.M. Government, I therefore presume to say, that neither the said Alexr. nor any of those who have abandon'd the Province as aforesaid, nor any of their heirs, have at this time any claim whatsoever; and if H.M. may be pleas'd to continue those others who are still here, in the enjoyment of their respective shares, (tho hitherto they have never paid any manner of acknowledgement) or grant them something else in consideration thereof, it appears that the greatest part of the whole already belongs to H.M., and I must observe to your Lordships, that they in their respective districts had power to put to death, and to save alive. To these Seigniors one Brisay who intittles himself Kt. Marquis of Denoville etc. added one Matthew Martain, and gave him the district of Cobaquit, adjoyning to that of Menis, who is lately dead, and left no issue, but left it by will to severalls; during his lifetime he never would acknowledge this Government, but used H.M. with all manner of disrespect and contempt; wherefore I am also of opinion, that his will may be therefore justly sett aside, even suppose the Marquis of Denovill's grant may be judged valid, of which No. 11 is a copy; and the family of the D'Entremonts, who have, I must say, behaved themselves peaceably, having apply'd to me to be restor'd, and as No. 12 is a copy of their petition, I have for the reasons therein assign'd refus'd their request, untill favour'd with advice and directions from your Lordships, which are much desired by etc. P.S. Upon the request of John Adams Esq. I must recommend to your Lordships the inclosed petition addressed to H.M., and as he has faithfully served H.M. from the constitution of this Government as therein sett forth, and is now in a helpless state, I hope your Lordships will move H.M. to esteem him as a worthy object of His Royall bounty. Signed, L. Armstrong. Endorsed, Recd. 6th Sept., Read 5th Oct., 1732. 3 large closely written pp. Enclosed,
259. i. Petition of John Adams to the King. Appointed Capt. Lieut, of Sir Charles Hobby's Regiment raised in the Massachusets Bay for the expedition against Canada petitioner took part in the expedition against Port Royal. Service described. He was chosen Captain by the men who enlisted to stay here in garrison, till it was relieved by Major Caulfield. Petitioner's Company being then disbanded, and he settled at Annapolis Royal with his family and carried on a considerable trade by sea and land. He built a great many dwelling houses in the lower town; supplied Governor Vetch with money and goods to the value of £1500 sterl., and Lt. Govr. Caulfield with £278 sterl., all which, with several other considerable sums due from inferior officers, to the unspeakable damage of petitioner and his friends, are unpaid. He several times supplied the garrison with provisions and clothing in their greatest straits; he has been employed by most of the Governors etc. to draw and translate papers, and decide controversies of great consequence, and faithfully served H.M. for 12 years as a Member of Council, for which by reason of the unsettled state of the Province, he received nothing. Being now advanced in years and for almost 7 years past grievously afflicted with a violent pain in his head, which has deprived him of sight etc. prays for a pension or to be placed on list of half-pay officers etc. Signed, J. Adams. Endorsed as covering letter. Copy. 2½ pp.
259. ii. Council of Nova Scotia to Lt. Governor Armstrong. Annapolis Royal. 29th May, 1732. Having considered the papers communicated by him, relating to Lt. Govr. Cosby, state that his own conduct "has been with such prudence, justice and moderation, as to give no cause of complaint," etc., and towards Cosby "with all respectt and civility he could expect" etc. Continue: But as to his towards you, we know of no reason for these his extraordinary proceedings at this time; Because of his and Governor Philipps' silence to your letter in answer to theirs; from whence and the seeming harmony that has been between you till of late, we were in hopes that all disputes had been happily adjusted; and as they are not of a civil nature, we humbly conceive they more properly fall under the cognizance of the military officers. Signed, Adams, Will. Skene, Wm. Shirreff, Otho Hamilton. Same endorsement. Copy. 1 p.
259. iii. Lt. Governor Cosby to W. Shirreff, Secretary to the Council. Annapolis Roy all. 7th May, 1732. Announces his resignation from the Council. Signed, Alex. Cosby. Same endorsement, ¾ p.
259. iv. Report of Committee of Council of Nova Scotia in answer to the enquiry as to what laws in this Province do or may affect the trade and navigation of Great Britain. 11th May, 1732. As to manufactorys we have none, and as to the trade in this part of the Province, but very little, the same being carried on by only four or five coasting vessells from Boston, which supply the French inhabitants with European and West India goods, who make two or three trips annually, and carry from hence some time grain, a few fish, but cheifly furrs. As to Canso, the trade there is cheifly fish, taken for the most part by H.M. subjects from New England and other adjacent Provinces, and by them and other such ships from Britain, exported to market, and are there purchased by bills of exchange, and such merchandize as the ships import, for supplying the fishermen etc. But what we conceive may in time affect the trade and navigation of Great Britain, is, the great extent and commodious scituation of this Province etc. Described. All which, if it can be preserved from the incroachments of our French neighbours, may in time very much enlarge the trade and navigation of Great Britain. We take leave to represent etc. that, ever since the French were drove out of Canso by Capt. Smart etc., they have settled a great fishery at Cape Gaspy in H.M. Dominions, where they have been unmolested for these several years past, and if they are not speedily drove from thence, they may in time so fortify themselves, as to dispute a great part of H.M. territorys in the Bay of St. Lawrence, as they pretend to do in the River St. Johns upon the north of the Bay of Fundy, which, if permitted, will consequently affect the trade and navigation of Great Britain etc. Signed and endorsed as preceding. 2¾ pp.
259. v. Lt. Governor Armstrong to Père Delagoudalie at Minis. Annapolis Royal. 28th March, 1732. Thanks for his letter (v. encl. viii) but looks upon all his excuses as little to the purpose, particularly that in relation to the building of a Church at Cobaquit. Continues: At which undertaking without liberty first obtain'd, I no less wonder at the inhabitants' attempts than at your undertaking or meddling in any such affair; as also at your sending for preists, without proper authority for so doing, it being contrary to several positive orders of this H.M. Government for one in your station either to act in civil affairs, or any preist to be admitted or entertain'd in it, without first demanded in a regular manner by the inhabitants, let alone the building of churches, which are not in the least to be attempted without mature consideration and approbation of the Government, and therefore instead of approving, I can't but as yet condemn that part of your conduct; and for that reason I expect you'l make no further delays, for such frivolous excuses, you may assure yourself can never be accepted, to free and acquitt you from the performance of your duty; and therefore as there is no necessity for your waiting the arrival of these missionarys, 1 hope you'l immediately repair to this place etc. Signed, L. Armstrong. Copy. 1 p.
259. vi. Same to Same. Annapolis Royal. 20th April, 1732. Since preceding, has seen a letter from him to Mr. Gaulen (v. end. ix). Continues: As I have signify'd to you my displeasure for your activeness therein, I am no less dissatisfyed and surpris'd at your presumption, not only in concealing from me any of H.M. subjects, who may at any time desert his service, but even in endeavouring to incite them so to do, by your entertaining of them, in order to draw them from their allegeance, and to make them your proselytes. Such audacious practices and attempts upon any of H.M. Protestant subjects, especially within any of his Dominions, I do assure you I will resent, and I desire therefore (if you have any regard, either for yourself, or even for any of your function, that may succeed you in those H.M. Dominions) you will deliver that young man mentioned in said letter to the Deputys, to whom I have sent an order to send him hither, and do require your complyance thereto, and as it is provided by the 14th Article of the treaty of Utrecht that the inhabitants shall enjoy the exercise of their religion, as far as the laws of Great Britain do allow the same, I have hereunto subjoin'd a copy of said Article for your and their perusal, that you may beware of incroaching upon the same. Signed, L. Armstrong. Copy. 1 p.
259. vii. Lt. Governor Armstrong's Summons to the Inhabitants of St. Johns River. Annapolis Royall, 28 March, 1732. Being sensible that it is not through ignorance so much as disrespect that you have continued so long in this his Britannick Majesty's province of Nova Scotia, without ever paying that dutifull obedience incumbent upon you and all subjects to their Sovereign Prince, and as your delays for so many years can be no otherways interpreted than the highest contempt, I leave yourselves to judge of your deserved punishment for such audacious presumption, in setling yourselves in the River St. Johns, or in any other place within his sacred Britannick Majesty's province or dominions, without liberty first obtained from those in authority under him for your so doing ; for which reason I do hereby, (by and with the advice of H.M. Council etc.) in the name of H.M. King George etc. summon you to come to this Fort of Annapolis by the very first opportunity to give an account of yourselves and to take the oath of allegeance to his most sacred Majesty, otherways to depart immediately out of this his Majesty's Province, as you will answer at your perills etc. Signed, L. Armstrong. Copy. 1 p.
259. viii. Père Delagoudalie to Lt. Governor Armstrong. Les Mines. 18th Sept. (N.S.), 1731. Abstract. Assures him of his esteem and his desire to see him in his Government, but cannot do so at present for several reasons. (i) He is alone, and must shortly visit Piziquid for marriages and baptisms, and Cobequit for the same reasons and to induce the inhabitants to build a church there, (ii) He has put off doing this, because he has been informed that a Missionary is being sent to this place. He has written several letters representing the need of priests in this country, and above all at Annapolis Royal, and he must wait to receive those who are being now sent. He has written to Mr. Gaulin that he would not be able to go this year to Canada, as desired, but that, as he needs a rest, and the mission at Annapolis Royal is an easy one, he must remain there till the priests arrive. Whilst hoping soon to have the pleasure of paying his respects to the Governor in person, he does not think he will be able to do so soon, the roads being bad and the waterways at present dangerous. But when the Missionaries arrive, he will endeavour to accompany the one who is sent to that station, etc. Signed, C. Delagoudalie, Pre. French. Copy. 2½ pp.
259. ix. Same to M. Gouline. Les Mines. 8th April, 1732. Sends this by Pierre Grivois, who is going to Annapolis Royal etc. Continues:—We expect you daily. There is a youth whom I have concealed (retiré), who has found means to desert (se retirer) from the English, and has passed the winter at Pizequid etc. He wishes to withdraw from this country. So he might go with you to Canada or Louisburgh. I have been instructing him in our religion etc. If you were to go by Beaubassin where your chapel is, you will find many savages. If you find the Missionaries which are to be sent here, they might go to Cape Sable to give the sacraments to the people abandoned there, etc. Signed, Charles De La Goudalie. French. Copy. 2 pp.
259. x. Same to Lt. Governor Armstrong. Les Mines. 29th April, 1732. Abstract. Regrets that he cannot leave to do as desired by his letter (encl. v.), but a recent fall of snow has made the roads worse than ever. Being alone, in charge of several parishes, has been ill with fatigue; but was preparing to visit him, when Michel Boudrot told him, as from the Governor, not to do so. As to his complaint that he had caused priests to come into the country, it is true that he was informed that two were to be sent, especially a person of merit for Annapolis Royal, on learning of M. de Breslai's departure, and that he wrote to the Bishop to make him his grand Vicaire, and relieve him of that great embarrassment. As to the complaint that he is building churches, it is true that the Bishop of Quebec instructed him, without his having written to him, to visit Cobedie and decide where the Curé should dwell. This he did, and said Mass in the three chapels which have been built in that parish, but which he did cause to be built, after having deferred fulfilling that commission for about two years, because his intention had always been to await the sending of a Missionary for that place, in order to present him to the Governor, as the Bishop instructed him, and to obtain his consent to the establishment of this Mission, and at the same time power to retrain some evil spirits at the bottom of the Bay, who have always been opposed to the establishment of this parish, etc. Continues: I am told that you are much annoyed at my having given food and shelter to one Georges who intends to return home at his father's request etc. Denies that he is a deserter from Canso, and so far from attempting to convert him or anybody there, he does not even know what his religion is. Intends to withdraw from the country in August etc. Signed, C. Delagoudalie Pre. French. Copy. 6½ pp. Nos. ix. and x. endorsed as covering letter.
259. xi. Deposition of René Le Blanc, of Grand Pré, Les Mines. Annapolis Royal. 20th March (N.S.), 1732. Abstract. Has made four journeys to the head of the river St. John. The last time in 1731, he heard it said at old Bellfontaine that the sloops from Nova Scotia which went there, spoiled their trade but that they would soon find means from Canada to prevent that. One Préville, son-in-law of Alexander Bourg, abused him when he asked him for payment of a bill, and when threatened with justice from Annapolis Royal, said he would not fear 20 men in that river. Bourg said he had obtained a patent from M. de Vaudreuil in Canada in 1722, by which he was empowered to make grants on the river St. John, and that he had invited several inhabitants of Les Mines to go there. There are about 17 men, besides women, established there. Signed, R. Le Blanc. Endorsed, Recd. 6th Sept., Read 5th Oct., 1732. French. Copy. 2 pp.
259. xii. Petition of Charles D'Entremont, inhabitant of Pomoncoops River, in behalf of himself and the whole family of D'Entremonts, some of the co-heirs of the Seigneurs of Nova Scotia to Lt. Governor Armstrong. Petitioners, being ready to give sincere assurance of their fidelity to H.M., pray H.M. to order that the inhabitants pay them rents as formerly to their ancestors etc. They gave Governor Philipps a copy of their grant from the King of France. At the same time they offered to him their fidelity to H.M., who answered that he could not then admit them, (the time for taking the oaths of allegiance having lapsed) till he received orders from Britain, through which means they have been deprived of their rights and privileges, though always ready to submit to every order of this H.M. Government. Signed, Charles D'Entremont. Endorsed as preceding. Copy. 2 pp.
259. xiii. Grant by the Marquis de Denonville, Governor of Canada, to Sir Matthew Martin of lands named by him St. Matthew Ourcobeguay, comprising all the bottom of the Basin of Les Mines etc. 28th March, 1689. French. Copy. 2 pp. [C O. 217, 6. ff. 117–121, 122, 123 v., 124 v.-128, 129–135 v., 136 v.–138 v., 140 v.; and abstract, with notes for reply, 116, 116 v.; and 217, 30. ff. 28 v.–30 v.]
June 10. Boston. 260. Governor Belcher to the Council of Trade and Plantations. Abstract. Must trouble the Board with his remarks upon the complaint received from Mr. Popple, although it is but a weak, slender business. Wonders the Lt. Governor is not at the head of the subscribers, the affair having been hatched and spirited up by him. There will be no peace or quiet in New Hampshire, while that gentleman has anything to do there. As to the complaint that he suddenly prorogued the House, in order to prevent an Address, it was not sudden and he had no such thought, but had sent the order for the prorogation a fortnight before. It was occasioned by the Representatives refusing to appoint a Committee to meet the Committee of the Massachusetts Bay over the boundary question. The complaint that he refused his consent to their choice of Commissioners is therefore obviously false. Equally false is their statement that he refused assent to bills which would be beneficial and better enable the Province to pay the salary. The only bill that ever passed the two Houses to which he refused his assent was the bill for emitting £6000 in bills of credit and postponing the payment of the loan money. This he told the Assembly he could not pass without a suspensory clause, and communicated his 22nd and 23rd Instructions to them. But he told them he would recommend it to the Board, and still thinks it would be for H.M. service that he should have leave to pass such a bill, and much for the safety of the Province, their only fortification being fallen into great disrepair, and will never be rebuilt or enlarged by the people but by some such method. How idle, silly and absurd it is to say that if they were under a Governor separate from the Massachusetts, he would not deny his assent to such an act, which is in plain English that the present Governor observes his Instructions, and they desire one that would not. "As to some of the towns being at that time destitute of magistrates, I own it, and altho' they are so vile and malicious, methinks I am glad they have spoke one word of truth; But why, my Lords, did they not according to their duty apply to the King's Govr. to redress this grievance, if it was one?" Explains that, on application from the Lt. Govr., he replied that he would take proper care in the matter, which he soon did, and there is now a Justice in every town that used to have one, except Kingston, and when he can find a person agreeable to the King's Orders to him, he will place one there, altho' it is but 6 miles from a town that has a justice in it. The true reason of the complaint was that some of the subscribers want to be in the Commission of the Peace, but know he does not think them worthy or capable. Observes "one very special absurdity "in their saying that a Constable came 38 miles to be sworn, there being no Justice nearer than 23. The complainants call themselves Members of the Council and Assembly, though of the 15 petitioners, there was only one Member of Council and four Representatives. Five of them he had removed from office and seven were nearly related to them. Hopes the Board will regard the complaint as frivolous and the effect of malice and ill nature etc. Set out, Mass. H. Soc. Coll. 6th Ser. VI, 147. Signed, J. Belcher. Endorsed, Recd. 19th July, Read 3rd Oct., 1732. 8 pp. Enclosed,
260. i. Governor Belcher's Speech to the Council and Assembly, N.H. Portsmouth. 5th May, 1732. Endorsed, Recd. 19th July. Copy. 1½ pp.
260. ii. Message from the Council to the House of Representatives, N.H. 16th May, 1732. The Council think the estimate of £705 which the House sent to the Board as a sufficient supply for the Treasury is inadequate. Explain that, with £500 for repair of fort and £225 for support of the garrison, and £600 for Governor's salary, much more will be required. Urge the House to make a handsome and honourable supply by an immediate rate on polls and estates, or by an impression of £4000 secured by such a rate etc. Endorsed as preceding. Copy. 2¾ pp.
260. iii. Speech of Governor Belcher to the House of Representatives of N.H. May 18, 1732. Has consented to everything that has been passed by them and the Council, but has waited patiently in vain for them to make a supply to the Treasury, to which he and the Council can consent, for the good and welfare of the people. Same endorsement. Copy. l½ pp. [C O. 5, 875. ff. 3–6 v., 7 v., 8, 8 v. (abstract), 10 v.–13 v., 14 v.–15 v., 16 v.].