|
|
Oct. 16.
Whitehall.
|
361. Council of Trade and Plantations to the Lords of the
Committee of the Privy Council. Representation upon Lord
Fairfax's petition concerning lands in Virginia (v. C.S.P., 25th
July, and A.P.C. III. No. 281). Conclude : We find the description
of this tract of land as set forth in the petition is strictly conformable
to the terms of the original grants from the Crown and
as we have been made acquainted by letters from Virginia as
well as from the petitioners complaint that disputes have arisen
upon grants made by H.M. Govrs. of Virginia of lands situate
within the district in question, we are humbly of opinion that
H.M. should be pleased to issue his orders to the Lt. Govr. etc.
to nominate three or more Commissioners (not exceeding five, for
the prevention of too great an expence,) who in conjunction with
a like number to be named and deputed by the Lord Fairfax,
may survey and settle the marks and boundaries of the said
district of land agreeable to the terms of the patent under which
the Lord Fairfax claims after the arrival of H.M. Orders for that
purpose, and that in the interim the said Lt. Govr. of Virginia be
restrained from making any grants of lands within the abovementioned
tract. [C.O. 5, 1366. pp. 110-113.]
|
Oct. 16.
Whitehall.
|
362. Same to Same. Enclose following in pursuance of order
of 15th Aug. Annexed,
|
|
362. i. Draught of H.M. Additional Instruction to the Governors
of Virginia and S. Carolina, requiring them to admit
Surveyors General of Customs in those Provinces for
the time being to sit and vote only as Councillors
Extraordinary, with the exception of George Phenney,
who having been already appointed a Councillor inordinary
in those provinces is to be continued in that
station. The said Governors are hereby required by
the first opportunity to move the respective Assemblies
to provide for the expence of making copies of all acts
and papers relating the Office of said Surveyor General,
which in the meantime Mr. Phenney is to be allowed to
inspect without paying any fee etc. cf. Aug. 8th, and
15th. [C.O. 5, 1366. pp. 114-118.]
|
Oct. 18.
Whitehall.
|
363. Mr. Wheelock to Governor Armstrong. Your letter
of the 10th of July to My Lords Commissioners for Trade and
Plantations which was received yesterday having been laid before
them as likewise your former letters of the 15th and 22nd of
November last, with the several papers therein referred to ; their
Lordships upon information that a ship is ready to sail to-morrow
for Nova Scotia, would not defer acknowledging the receipt of
them, and have therefore commanded me in Mr. Popple's absence
to acquaint you with it, and that you may expect by the first
opportunity their Lordships' answer to such part of those letters
upon which they have not already given you their sentiments.
I am further commanded to return you their Lordships' thanks
for the accounts you have given them ; who commend your care
and vigilance particularly with respect to the conduct of the French
and their missionaries, as likewise of the Indians ; and their
Lordships will be in expectation of your continuing, as you promise
to inform them of all occurrences that may happen from time to
time. [C.O. 218, 2. pp. 271, 272.]
|
Oct. 18.
Whitehall.
|
364. Mr. Wheelock to Nicholas Paxton, Sollicitor of the
Treasury. Encloses, in Mr. Popple's absence, an act of S.
Carolina, 1696, to ascertain the prices of land etc. "which may be
of use to you, in forming the drat. of a new bill, you have instructions
to prepare, relating to the quit-rents, and titles to land in
that Province. And I am further ordered to desire that ye. sd.
drat. may be dispatch'd as soon as possible, since ye affairs of
Carolina are much in confusion, for want of a proper act being
pass'd upon yt. subject." [C.O. 5, 401. p. 75.]
|
Oct. 19.
Nevis.
|
365. Lt. General Smith to the Council of Trade and Plantations.
Encloses papers "all concerning my suspending a fine
of 50 imposed on Mr. Mun and releaseing his imprisonment for
6 months for sending a libel or challenge to Mr. Spooner, Sollicitor
General of these islands. I little thought I should have had
occasion of troubling your Lordships, just as I am expecting to
resign the Government to Generall Matthew, but the unpresidented
manner of the Assembly of St. Christophers, intermeddling
in matters not properly cognizable before them, and the extraordinary
proceedings of the Deputy's Deputy Provost Marshal of
that Island, under ye sole influence and guidance of Mr. Spooner,
in detaining Mr. Mun in gaol, notwithstanding I had by two
writts or warrants commanded his releasement from prison by
pardoning his imprisonment for 6 months, and suspending the
payment of his fine until H.M. pleasure be further known etc.,
makes it absolutely necessary that these matters should be laid
before your Lordships etc., etc. Continues :Mr. Mun's offences
deserve every man's discountenance etc., but when I came to
consider, how the prosecution was carried on, not my Lords by
indictment, but by information, a sort of suit (as far as I can learn)
never before introduced into this Govermt., I had a mind to
discourage the practice, as it takes away from ye subject here,
their right to a Grand Jury etc. Tho' in many cases informations
are used in England, yet the same reasons will not hold good for
their being introduced here ; because the Judges in Brittain,
are men eminent for thier virtue and great learning in the law.
There, too, the Barr is filled with numbers of men famous for
thier knowledge in that profession, and all under the immediate
observation of H.M. and his Parliament etc. But in this a distant
part of the world, we are not bless'd with such an immediate
superintendence as will not permitt things to go out of order,
and as I therefore conceived, wild work might ensue, by these
sort of processes, I thought proper not to favour them in the
beginning etc. This was but one motive that inclined me to
extend the King's mercy to Mr. Mun ; the rest were a persistent
distemper in the gaol, his inability to pay the fine, the intercession
of many that convinced me, of the implacable resentment of Mr.
Spooner (which I think his letter will abundantly shew etc.).
Whether that letter was a proper one to be sent me, I humbly
submitt to your Lordships' determination, as to the votes of the
Assembly, they were taken upon the spot, without examination,
and on the very day, the Councill were only appointing a distant
one, to examine into this whole affair by my direction. Everybody
knows who drew those resolutions, as well as ye influence
Mr. Spooner has in that island etc. The representation of the
Judges was framed subsequent to my order dated Sept. ye 4,
and the pardon under the Great Seal to inforce the former dated
Sept. ye 10, and came to my hand the 17th without date ; I have
reason to conclude 'twas with a design, it should appear to yr.
Lordships, that I had extended H.M. royal mercy to Mun against
a representation of the Judges etc., etc. Mun is kept still in
gaol, on ye judgment of the Court yt. condemned him, under ye
pretence of the informality of these pardons, nor is one single
instance given to the contrary, which in cases not capital, have
ever been customary in this Goverment, notwithstanding Mr.
Spooner taxes me with overthrowing ye judgment. I humbly
conceive, if such contempts from subordinate officers are allowed,
hard will be ye fate of H.M. subjects in this Goverment. I was
serv'd with notice by Mr. Spooner that depositions were to be
taken against me before the Councill att St. Christophers. I gave
meself no trouble about them, being assured I have acted in all
things with the utmost integrity. I have been inform'd there
were two fines I have suspended in St. Christophers, and that one
of them mentions some I have suspended in Antigua. That of Mr.
Smith's I transmitted yr. Lordships my reasons, and that of
Nisbitt's, I now transmitt a letter from ye Judges, interceeding in
his behalf, and one of the subscribers is Ashton Warner, who has
been long Attorney General of these Islands ; of this I suspended
sixty pounds, by an order under my hand (no way useing the
great seal) nor was any opposition made to ye manner, the
lawyers there knowing it to be ye custom of this Goverment, in
cases not capital. I had almost forgot to mention to yr. Lordships,
the resignation Mr. Gregory the Deputy's Deputy Provoost
Marshal made of his office in Councill ye 4th Sept., and how he
reassumed it again ye evening of ye 6th to carry Mun to goal,
how regular this conduct is, must submitt to yr. Lordships.
I have ye testimony of my own conscience and every unprejudiced
person to clear my innocency in this affair etc. Submits whether,
as C. in C. he has power to pardon offences and suspend fines till
H.M. pleasure be known, or whether subordinate officers may
refuse obedience to his orders and pardons for that purpose etc.
P.S. Oct. 31st. Before the sealing my within letter, I had an
account from St. Christophers the poor unhappy man, Mun, is
dead in gaol etc. He has left behind him a disconsolate family,
which but for the charity of well-disposed people on that island
would be drove to great extremities, and all owing to the extraordinary
proceedings of subordinate officers in disobeying my
orders etc. persuaded by Mr. Spooner etc. Refers to Minutes of
Council and concludes : I doubt not yr. Lordships will represent
him as intirely guilty of that subject's death, and utter ruin of
his family etc. Signed, Mich. Smith. Endorsed, Recd. 1st Feb.,
Read 16th May, 1734. Holograph. 3 large, closely written pp.
Enclosed,
|
|
365. i. Certificate that enclosed is a true copy of the trial of
Theobald Mun etc., 27th Oct., 1733. Sworn by, James
Losack, Depty. Clk. Crown.
|
|
365. ii. Trial of Theobald Mun upon an information for
challenging John Spooner, Solicitor General of the
Leeward Islands. After the latter had refused to
admit him to be a practitioner at the Bar, since he
refused to be examined as to his ability and skill in the
law etc., Mun wrote to him "a cowardly heart is always
the inseparable companion of a base mind, wherefore I
conclude that you dare not come to any appointment
to satisfie for the injury ariseing from your villany" etc.
Basseterre, 14th Aug., 1733. Condemned six months
imprisonment and fined 50. Endorsed as preceding.
Copy. 3 large pp.
|
|
365. iii. Petition of Mr. Mun to Lt. General Smith for suspension
of above fine. Signed, Theobald Mun. 1 p.
|
|
365. iv. The case of Theobald Mun. He demanded that
questions and answers at his examination should be in
writing, which was refused etc. Endorsed as covering
letter. 7 pp.
|
|
365. v. Minutes of Council of St. Christophers. 4th24th
Sept., 1733. Relating to the fine, imprisonment,
pardon and enlargement of Mr. Mun, ut supra. Same
endorsement. Copy. 2 pp.
|
|
365. vi. Petition of Mr. Mun to Lt. General Smith. Disregarding
the General's order for his enlargement and suspension
of his fine, Robert Donaldson Depty. Provost Marshal
and James Gregory took petitioner again into custody,
whilst he was preparing his recognizance etc. Signed,
Theobald Mun. Same endorsement. 2 pp.
|
|
365. vii. Journal of Assembly of St. Christophers. 14th Sept.,
1733. Resolved nemine contradicente, that the Commander
in Chief's remitting the punishment of many
offenders [by an order in his own name and under his
private seal] without being truly informed of the proceedings
against them etc. is highly derogatory to the honour
of the King's Courts, an impeachment of the Justices
of their proceedings, an encouragement to profligate and
disorderly persons etc., and may be of dangerous consequence
to the peace and welfare of this island etc. That
the Sollicitor General has behaved himself with great
integrity and honour etc. and that the releasing Mun
from his punishment for an offence committed against
an officer of such high trust may be of very ill consequence
etc. That the Agent of the island be instructed to lay
these resolutions before H.M. for redress etc. Same
endorsement. Copy. 4 large pp.
|
|
365. viii. Lt.-General Smith to Mr. Spooner. Nevis. 31st
Aug. 1733. Has suspended his answer to Mr. Mun's
petition, in accordance with his promise, to inform
Mr. Spooner when the affair came before him. Thinks
Mr. Mun's case very hard, and though his expressions
to Mr. Spooner were rash and unbecoming, they were
prompted by passion roused by being deprived of his
means of livelihood. He is therefore inclined to relieve
his distress etc. Signed, Michael Smith. Same endorsement.
Copy. p.
|
|
365. ix. Mr. Spooner to Lt. General Smith. St. Christophers.
12th Sept., 1733. Abstract. Received preceding letter
a day after the Lt. General had given an order for Mun's
release, and complains that he had not first been heard.
Is resolved to complain to H.M. in Council. The Lt.
General has remitted Mun's punishment before he knew
what his offence was etc. He was not fined and
imprisoned upon account of a difference with John
Spooner Esq., but for offering one of the greatest
outrages to H.M. Solicitor General etc. For the Governor
to release offenders from the punishment inflicted upon
them by the law, is to defeat the ends of Government.
Yet every criminal that has applied to the Lt. General
has received some remission of his punishment. Is
astonished at the soft epithets he gives to Mr. Mun's
epithets etc. Concludes by demanding 20 pistoles
promised him as a fee 4th May last. Signed, J. Spooner.
Endorsed as preceding. 3 large pp.
|
|
365. x. Representation of Jeremiah Browne, Chief Justice, and
the Justices of the Court of King's Bench, St. Christophers,
to Lt. General Smith. If Mun's punishment
should be remitted, it would bring the Courts of Justice
into contempt etc. Since he has done the like to every
offender that has applied to him, no man will stand in
fear of offending etc. Mun had no provocation etc.
Mr. Solicitor deserves his grace and favour, both for
his long and faithful services, and because he has
behaved well in this case. Mun's crime is of a most
enormous size, without mitigating circumstances. He
behaved throughout the proceedings with the greatest
insolence to the Court etc. Signed, Jerem. Browne,
Peter Thomas, Tho. Pilkington, Richd. Wilson.
Endorsed, Recd. 1st Feb., 173 3/4. 1 large pp.
|
|
365. xi. Account of the fines imposed by the Court of King's
Bench, St. Christophers, 1731-1733, since H.E.'s Government.
15 cases, including that of Mun for libel, 2 cases
of trespass, 12 of assault and battery or riot. Total
fines, 325. Total remitted, 162, in 7 cases. Copy
sworn to by, James Losack. Endorsed as preceding. 1 p.
|
|
365. xii. Justices of Antigua to Lt. General Smith. Antigua.
May 29, 1731. In reply to his letter, answering theirs
of 7th, referring to them what part of Archibald Nisbit's
100 fine should be remitted, propose a remittance of
60, and that H.E. take such measures as he shall think
proper for discharging Mr. Nisbit from prosecution or
imprisonment for the whole fine, upon his paying down
40 and his fees etc. Signed, Natha. Crump, Geo.
Lucas, Geo. Thomas, Ashton Warner. Endorsed as
covering letter. 1 p.
|
|
365. xiii. Lt. General Smith to the Chief Justice and Judges of
St. Christophers. Nevis. 17th Sept., 1733. Reply to
No. x. This morning I received a paper etc. which etc.
I suppose to be the Representation of Mun's case.
I desire to know (it not being dated) when you signed it,
and why sent me without a date. I can see the design,
but as am sattisfied have not advanced one single step
beyond H.M. Commission and Instructions I am determined
to submitt to his Royal pleasure in this affair etc.
Signed, Mich. Smith. Endorsed as covering letter. Copy.
1 p.
|
|
365. xiv. Deposition of Somers Payn. Nevis. 2nd Nov.,
1733. Deponent received on 16th Sept. a letter from
Jeremiah Browne to Lt. General Smith which he forwarded
on the 17th etc. Endorsed, Recd. 1st Feb.,
173 3/4. 1 p.
|
|
365. xv. Testimonial addressed to Lt. General Smith, 11th
Dec., 1731, that the bearer, William Hardtman, is an
industrious and peaceable man etc. Signed, Walter
Thomas, J. Williams, Member of Assembly, John
Anderson, a Minister etc. Endorsed as covering letter.
1 p. [C.O. 152, 20. ff. 35-37, 38, 39, 40, 41-42, 43, 44,
45, 46, 47, 48, 49, 50, 52 v., 53, 55-66, 67-69, 70, 71, 72,
73 v., 74, 75-76 v., 77 v., 78, 79-82, 83, 84, 84 v.]
|
Oct. 20.
Jamaica.
|
366. Governor Hunter to the Duke of Newcastle. The
Council and Assembly of this Island humbly beg that the inclos'd
Address may be most dutifully presented to His Majesty. The
Assembly which met on the 2nd of this month have hitherto done
nothing for the safety of the Island, they have been hammering
upon two several barrack bills, I am afraid to little purpose, for
if they are such as those offer'd in the session they will again be
rejected by the Council. Our partys on the north side are in
constant motion in destroying the plantain walks, and ground
provisions of the rebels where they can come at them, but are not
strong enough to attempt attacking them in their fastnesses, and
now the rainy season coming in they cannot march a mile from
their barrack. When anything of moment falls out here, I shall
not fail to acquaint your Grace by the first opportunity etc.
Signed, Ro. Hunter. Endorsed, R. Janry. 7th. 1 pp. Enclosed,
|
|
366. i. Address of the Council and Assembly of Jamaica to the
King. 18th Oct., 1733. Return "most humble and
hearty thanks, for your [Majesty's] most gracious care
of the declining state of your Sugar Colonies, in giving
your royal assent to an Act of Parliament for their
further security and encouragement. The great distance
from your royal person, being one of the greatest
misfortunes to your remote subjects of this island,
nothing can be a greater support to us under them, than
our being convinc'd, that we are not absent from your
fatherly care and princely consideration, which equally
diffuses itself through all your extensive dominions.
We humbly hope the dutifulness of our actions will
demonstrate to your Majesty, we have inclinations for
your Majesty's service, equal to the best of your subjects,
and that we shall never incurr the forfeiture of the
favour and protection of so great and good a King."
Signed, Jos. Maxwell, Cl. Concil., Wm. Nedham,
Speaker. p. [C.O. 137, 54. ff. 362, 362 v., 363 v.,
364.]
|
Oct. 23.
Whitehall.
|
367. Council of Trade and Plantations to Committee of
Privy Council. Representation upon petition of Mrs. Campbell.
Continue : We have discoursed hereupon with Coll. Philips, H.M.
Governour of Nova Scotia, and likewise with Mrs. Campbell the
petitioner, who hath laid before us several papers and affidavits
relating to her title to the aforesaid lands and quit rents in Nova
Scotia, from whence it appears,
That in 1631 the Most Christian King Lewis XIII gave the
Government of Nova Scotia or Accadie to Monsieur Charles de
St. Estienne, Sieur de la Tour, grandfather to the petitioner, who
had Letters Patents granted to him thereupon. What the
particulars contained in the said Letters Patent were, does not
appear, because no copies of them have been produced to us, but
upon the death of Lewis XIII, his son Lewis XIV etc. having been
informed of the progress and improvements made in Accadie by
the said Sieur de la Tour was pleased by new Letters Patents bearing
date February 25th, 1651, to confirm him in the post of
Governour and Lieutenant General of Accadie or New France and
likewise in the full and free possession of all the lands which had
been before granted to him in that Province with full power to
dispose of them to whom and in such proportions as he should
think proper ; as appears by a printed copy of the said Patent
which refers to the former of 1631, and for want of that former
Patent it cannot be ascertained whether the whole Province or
what part thereof was granted to the said de la Tour. It would
seem that the second Patent of 1651 was issued by way of
confirmation of La Tour's title just after he had been acquitted of
certain charges alledged against him ; for the petitioner hath
produced to us a decree made for that purpose by the Masters of
Requests in the French King's Court and Chancery bearing date
the ninth day of February of the same year 1651, and in this
decree mention is likewise made of a former Commission granted
to the Sieur de la Tour dated Feb. 8th, 1631, constituting him
Lieutenant General for the French King in the said Province of
Accadie, Fort St. John, Port de la Tour, and the places dependant
upon them. This decree was confirmed by the French
King's Order in Council dated the 26th of the same month, and
the said Sieur de Tour was thereby absolved from all accusations
which had been preferred against him for treason or maladministration
in his government of Accadie and reinstated and maintained
in the full possession and enjoyment of all the lands which
had been acquired by him or in his name in the said territory of
Accadie or New France. Under the authority of these Letters
Patents and of the decree of the Masters of Requests and Chancery
confirmed by the French King's Order in Council Mrs. Campbell
alledges that the said De la Tour, her grandfather, for the good of
the State and for the encouragement of those who desired to
settle in this new colony, as well as in conformity to the intention
of the King his master, distributed part of the lands he had
acquired in the Province under his government at a very low rate
to the new inhabitants, upon certain conditions or Articles made
with them in his own name or in the names of his attornies or
agents, which contracts were either plundered and taken away
from the Petitioner, or burned in the last descent and invasion
of the Indians in Nova Scotia, in which the Petitioner's first
husband was killed. She supposes however that copies of these
contracts might be found in some of the publick offices in Nova
Scotia, and that altho' they should be entirely lost, yet her long
possession with the successive and uncontested payments of rents
to her, down to the years 1729 and 1730, would be sufficient proofs
for the support of her present claim. The aforesaid Charles de
St. Estienne de la Tour being dead, the petitioner alledges, that
his only son the petitioner's father succeeded him in all his estates,
titles, possessions, honours and privileges, which he continued to
enjoy peaceably to the time of his death in the year 1704, leaving
several children his heirs who enjoyed his inheritance under the
guardianship of their mother until the year 1713, when the
Province of Nova Scotia was yielded to Great Britain by the
12th Article of the Treaty of Utrecht. By the 14th Article of
that Treaty, it was expressly provided that the subjects of the
King of France in Nova Scotia should have liberty to remove
themselves within the term of one year to any other place if they
should think fit, with all their moveable effects, but that such as
should be willing to remain there and be subject to the Kingdom
of Great Britain, should enjoy the free exercise of their religion,
according to the usage of the Church of Rome, as far as the laws
of Great Britain do allow the same. But her late Majesty
Queen Anne was pleased by her letter to General Nicholson bearing
date the 23rd day of June, 1713, in consideration of the French
King's having at her request released some of his Protestant
subjects from the galleys to allow the French inhabitants in Nova
Scotia and Newfoundland to hold their lands or dispose of them
if they thought fit etc. Letter from Queen to Governor Nicholson
quoted. (v. C.S.P. 23rd June, 1713). Continues :Hereupon soon
after the publication of the foregoing letter in Nova Scotia, the
several brothers and sisters of the Petitioner's coheirs of the land
and premises in question retired into the neighbouring Provinces
under the domination of France, and left the Petitioner who would
not abandon her country, sole proprietor in possession of all
their lands and rents, under certain conditions agreed upon
amongst themselves. The conveyances which were made to the
Petitioner upon this occasion have been produced to us and bear
date November 9th, 1714. The Petitioner sets forth that notwithstanding
the refusal made by the inhabitants of Minis to
pay her the rents to which they were engaged by their articles
because she durst not go thither to compel them for fear of the
Indian savages, by whom she was seized about seven years ago,
and run a very great hazard of being massacred, the revenue
ariseing to her from thence amounted to 80 or 90 pounds sterling
p. annum which she offers to confirm by oath, not being able at
present to give better evidence of the value of the income arising
from the said rents ; and she likewise further avers that her
lands are now set for a 20th part of their real value. To prove
her possession and enjoyment of the lands and premises in question,
the petitioner produces two orders under the hand of the aforesaid
Governor Philipps dated July 5th, 1721, and Sept. 19th, 1722, by
which all the inhabitants and landholders are ordered to pay her
the rents stipulated in their contracts. She likewise produces a
certificate subscribed and sworn to by the Reverend Mr. Robert
Cuthbert, sometime minister of Annapolis Royal where the
Petitioner resided, as Chaplain to Colonel Philipp's regiment, who
deposes that during his residence at Annapolis he was well
acquainted with the Petitioner etc. who was seized and possessed
of a large estate of inheritance lying in and about Annapolis
Royal in Nova Scotia and was reputed and esteemed both by
English and French and other the inhabitants thereabouts to be
Lady of the Mannor lands and premises situated as aforesaid and
to be legally intitled thereto, and as such received the rents and
profits thereof during this deponent's stay there ; and this
deponent saith that he hath been present and several times seen
the rents and profits of the premises aforesaid paid to her from
the French, and believes that in her own name she gave proper
and legal receipts and discharges for the same, and that the said
Agatha Campbell held and enjoyed the aforesaid lands and
premises without any interruption or molestation and free from
any claim or demand whatsoever during this deponent's residence
there. The Petitioner hath likewise produced to us three
affidavits of Mary Barton, John Welch and William Tipton, who
severally depose that they have lived many years at Annapolis
Royal during which time they were well acquainted with the
Petitioner etc. and that during their abode in Nova Scotia she was
acknowledged sole Lady of the Manour, lands and premises of all
the inhabited parts of that Province and that in her own right
she received the rents and acknowledgements thereof from the
inhabitants enjoying the same without molestation, and that she
was a Protestant of the Church of England and greatly beloved
by the inhabitants her tenants, as will appear more largely by
the said affidavits etc. annexed. Having heard what the petitioner
had to alledge in support of her claim, we thought it proper upon
this occasion to discourse with Governor Philipps etc., by whom
most of the facts alledged by the Petitioner in support of her right
have been confirmed, particularly as to the value of the quit
rents, and her receipt of them, as the rightful proprietor thereof,
and that she would have continued to do so to this day but that
a stop was put thereto in 1730 in consequence of H.M. orders
upon a representation from the said Colonel Philipps till Mrs.
Campbell's title should be further enquired into and H.M. pleasure
be known thereupon. We have also examined the Histories of
this Country and searched the books of our office with respect to
the facts alledged by the Petitioner, from whence it appears
amongst other things, that in the year 1621 the country of Nova
Scotia was granted by King James 1st to Sir William Alexander,
afterwards Earl of Sterling, who took possession thereof, drove
out the French who had encroached upon it, and planted a colony
there. That in the year 1630 the said Sir William Alexander
sold his right to Nova Scotia to Monsieur Claude de la Tour, a
French Protestant, to be held by him and his successors under the
Crown of Scotland. That about the year 1631 King Charles 1st
made some sort of concession of the said country to the Crown of
France, reserving nevertheless the right of the Proprietor who had
before enjoyed it. That in 1633 notwithstanding this lastmentioned
concession the said King Charles 1st by Letters Patents
bearing date the 11th of May in the same year granted to
Sir Lewis Kirk and others full privilege not only of trade and
commerce even in the River of Canada, which is to the northward
of Nova Scotia, and places on either side adjacent, but also of
planting colonies and building forts and bulwarks where they
should think fit, but the said Sir Lewis Kirk and partners were
molested by the French in the enjoyment and exercise of their
privileges. That several years afterwards in the year 1654
Cromwel having then a fleet at New England caused the country
of Nova Scotia to be seized, as being antiently a part of the
English Dominions to which the French had no just title, and the
proprietor of the said country Sir Charles de St. Estienne, son
and heir to the fore-mentioned Monsieur de la Tour, coming thereupon
into England and making out his title under the aforesaid
Earl of Sterling and the Crown of Scotland, his right was allowed
of by Cromwell ; whereupon the said St. Estienne, by his deed
bearing date the 20th of November 1656 made over all his right
and title to Nova Scotia to Sir Thomas Temple and Mr. William
Crown ; one or both of them who did accordingly continue to
possess and enjoy the same with the profits thence arising until
the year 1667 when Nova Scotia was yielded to the French by the
Treaty of Breda, and was accordingly delivered to them in 1670
by virtue of an order from King Charles the Second to Sir Thomas
Temple, who then resided as Governor upon the place. From this
time to the Treaty of Utrecht, when N. Scotia was again surrendered
by France to the Crown of Great Britain, our books make
no mention of the descendants of the abovementioned Monsieur
de la Tour ; but as the Petitioner with her brothers and sisters
were found in possession of the lands and quit rents abovementioned,
we think it highly reasonable to believe that after the
surrender of Nova Scotia to France in 1670, the French King did
thereupon restore Monsieur de la Tour, the Petitioner's father, to
the enjoyment of his estate, and it appears to us upon the whole
that the Petitioner Mrs. Agatha Campbell is daughter to the last
mentioned Monsieur de la Tour and grand-daughter to Monsieur
Charles Saint Estienne, Sieur de la Tour, whose right to Nova
Scotia was allowed by Cromwell, and that partly by right of
inheritance and partly by cession from her relations, she is justly
entitled to all the possessions and rents belonging to her said
father and grandfather not disposed of by them during their
respective lives ; but what those rents and possessions were does
not appear to us for want of the first Letters Patent to the Sieur
de la Tour in 1631, excepting the quit rents abovementioned of
eighty or ninety pounds pr. annum. Whereupon we would take
leave to propose that H.M. should be graciously pleased to order
a valuable consideration to be paid to the Petitioner for her said
quit rents, and also for the extinguishment of her claim to any
other part of Nova Scotia ; and in the meantime to issue his
Royal Orders to Coll. Philipps, the present Governor of Nova
Scotia or to the Commander in Chief there for the time being to
give the necessary directions in that Province, that all arrears of
rents or quit rents due to the Petitioner from the inhabitants of
Nimos or others since the year 1730 or from the time of her
receiving the last payments be paid to her the said Agatha
Campbell without delay ; and that she be re-instated in the
possession of such lands and quit rents as she was possessed of
before the late orders for stopping the payment of her rents, and
to enjoy them without any let or molestation, until the aforesaid
consideration shall be paid. [C.O. 218, 2. pp. 273-292]
|
Oct. 24.
Whitehall.
|
368. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, act of St. Christophers, 1733, for appointing an
agent in Great Britain and settling a salary upon him etc. [C.O.
153, 15. p. 236.]
|
|
Oct. 27.
|
369. Bond for 2000 entered into, 27th Oct., 1733, by Lt. Gov.
Gordon for observing the Acts of Trade and Navigation. Signed
and sealed, Patrick Gordon, James Logan, Isaac Norris. Certified
by Lt. Gov. William Gooch. Williamsburgh. 14th Nov., 1733.
Endorsed, Recd. 21st May, Read 22nd Aug., 1734. Copy. 4 pp.
[C.O. 5, 1268. ff. 134-136 v.]
|
|
Oct. 28.
|
370. Some considerations relating to the security of the British
Colonies in America. If a war should break out between England
and France, it is natural to expect they will attack us where we
are weakest, and that is in America. The Leeward Islands may
be overrun in a very few days from Guardaloupe or Martinique,
etc. Barbados would make but a very poor resistance, having
no forces but their own militia, and their fortifications in a very
bad condition. Jamaica might possibly be defended by a powerfull
sea force against a descent from Hispaniola, but ye French
have near 20,000 people in their part of that island, settl'd within
ye space of a few years, whereas Jamaica tho' planted in Oliver
Cromwell's time, and capable of maintaining 200,000 inhabitants
by ye last returns from thence had no more than 7,648 white
people, including men, women, and children. And is under daily
alarms from her runaway negroes. Gives details of numbers of
inhabitants : 74,525 slaves etc. Argues that the Leeward Islands
being so small are not capable of supporting a sufficient number
of inhabitants to defend them against the superior forces of the
French in their neighbouring Colonies. There may be between
3 or 4000 in the four islands, but they are dispers'd, and can never
be brought together for their common defence : and therefore
the Crown has constantly been at the expence of maintaining a
regiment of foot there, which has been an expence thrown away
to no manner of purpose etc. This Regiment has been so manag'd
that ye inhabitants could have expected but very little protection
from it, being always vastly deficient in its numbers, and ye few
soldiers that were effective, except tradesmen who could earn
their own bread, have been almost starv'd for want of subsistance,
consequently much fitter for hospital than for service. Proposes
that the Colonel should be immediately ordered to his post and to
make, in conjunction with the Governor, a return of the strength
of the Regiment : that it be forthwith recruited ; and as it is
impossible for the common soldiers to subsist there upon their
own pay, that the Governor be instructed to recommend to the
people to make the same additional provision for them at least,
which the Assembly of Jamaica give to their 2 Independent
Companies. But this Regiment compleated to its full establishment
will be but of little use without a Naval force etc. The loss
of these islands, or even the destruction of their sugar works,
would be a great detriment to England, and an irreparable
damage to the inhabitants, who have not to this day recovered
the losses of the last war etc. The Admiralty have a very good
harbour at Antegoa, and we should upon the first apprehension
of danger, have two ships of war at the least upon this station.
The property of the King's subjects in these islands, including
their slaves, stock, coffers and buildings is computed at near
three millions sterl. Barbados has of late years given so much
money to their Governors that they have not been able to lay
out any upon their fortifications, but their charge upon that head
is at present considerably diminished and therefore their Governor
should be instructed to recommend to them to take care of the
necessary repairs for their fortifications and supply of their
magazine. For I fear the number of their inhabitants is much
lessen'd of late. Upon the least umbrage of a war they should
have the same number of ships for their defence which were
employ'd on that station during the last war. This will be the
more necessary at present, because of the French encroachments
at Santa Lucia which lies within sight of Barbados, and of the
encrease of the French inhabitants in their neighbourhood.
Jamaica has always been deservedly our chief concern, as well
upon acct. of its scituation, as of its real value, and if the
inhabitants had understood their own interest or had half so much
concern for themselves as we have had for them, they would not
have been in so bad a condition as they now are. Instead of
being a great burthen to us, they might, with good conduct, by
this time have been able to stand alone, and have been the terror
of the West Indies. But it is too late to look backwards, and some
way must be found out effectualy to people this island, or we shall
certainly lose it. Our Fleets indeed may do a great deal for the
defence of Jamaica ; but it is to be consider'd that the same
winds which may bring a force from Hispaniola, may confine our
ships in port ; and an Iland upon which we have long valu'd
ourselves, be lost, notwithstanding our naval force, in a very few
days. It will therefore be highly necessary to send some person
of spirit, integrity, and capacity to command this Iland. He
should be instructed to send home a full and true state of their
condition. How it comes to pass that they are not better
peopled? What impediments there are to the settling of the
country? and how they may be removed, either by the Legislature
of the Iland, or that of Great Britain? for this is too valuable a
jewel in the Crown of England, to be lost by the petulance of the
inhabitants, or the exorbitant avarice of a few leading men, who
have eat up all their poor neighbours and expelled them the Iland.
Something in the nature of an Agrarian law must be made for
Jamaica if we intend to keep it. No man should be allow'd to
hold more land than he can cultivate, and great encouragment
should be given to draw inhabitants thither, for England could
not lay out money to a better purpose. In the mean while we
should allow them as many ships for their defence in case of
danger, as they had any time the last war. And we must not
wait till we hear the French are going to send ships into the West
Indies ; for we may be undone by the land force they have there
already etc. Suggests sending, upon the first apprehension of a
rupture a strong land force also into the iland, under the command
of some experienced officer. The Bahama Ilands in case of a
war would lye greatly expos'd to an invasion from the Spanish
Colonies at Porto Rico, Hispaniola or Cuba, but especially from
the last. The temptation of attacking them will not arise from
the plunder, the inhabitants being hitherto very poor, but their
scituation is of very great importance, and therefore they will
merit a farther land force for their defence, having only one
Company there at present. And as they have a good harbour at
Providence for 20 gun cruisers, two ships of that size may be
station'd here to good purpose, to watch the Spanish plate fleets,
and be a cheque upon the navigation of the Gulph of Florida.
It were to be wished that these were the only British Dominions
in America expos'd to danger ; but it is certain that the French
may make themselves masters of Nova Scotia whenever they
please. It is easie to perceive from one cast of the eyes upon the
map, that this Province is surrounded almost on every side by
the French settlements of Cape Briton, L'isle Madam, Anticosta,
the river of St. Laurence, and Canada, in all which places, the
French are very strong and numerous, especialy at Cape Briton
and L'isle Madam etc., but we have hardly one civil inhabitant in
the whole province of Nova Scotia, and what is still worse, we
have upwards of 3000 French Papists settled in the heart of the
countrey, who have remained there ever since the Peace ; and
tho' they have with great difficulty been prevail'd on not long
since to take the oaths of allegiance to the King ; there is no
doubt that they would readily joyn with their countreymen to
recover this Province for the Crown of France etc. Something
should be done without loss of time. It may not perhaps be
adviseable to ask the assistance of Parlt. yet nothing can be done
without expence. Palatines or Saltburgers might certainly be
had in Holland, and in my humble opinion they ought to be had.
But there is one other way which has formerly been recommended
as advantageous to the publick in every respect, and that is to
engage the straglers, now settled in Newfoundland, where they
do a great deal of harm, to transport themselves to Nova Scotia,
where they may be of some use to their Mother Countrey. And
as these people are already inur'd to the hardships of these cold
climates they would be of more service there than a much larger
number from any other place. All reasonable encouragements
should therefore be given to them, and indeed to any other
people that are dispos'd to settle in Nova Scotia, till that Province
shall have acquir'd a reasonable defence. It may likewise be for
the King's service, that Col. Philips should be order'd forthwith to
recruit his Regt. to the full establishment, and if the men were
allow'd to carry wives with them they might in time do something
towards peopling the countrey. But this is only one of those
gradual expedients to which many more might be added, but
which would not save the present emergency etc. The preservation
of this Province, and of the Fishery upon its coast, which is
preferable to that of Newfoundland, would always deserve a
station ship, and more in time of war, with another regiment.
Without date or signature. Endorsed, Oct. 28th, 1733. 5 pp.
[C.O. 5, 5. No. 2.]
|
|
Oct. 29.
|
371. Lt. Governor Armstrong to the Duke of Newcastle.
Duplicate of following letter, mutatis mutandis. Endorsed, R.
30th Jan., 173 3/4. 4 pp. [C.O. 217, 39. ff. 65-66 v.]
|
Oct. 29.
Annapolis
Royall.
|
372. Same to the Council of Trade and Plantations. As
this may probably prove the last opportunity that I may
have this year of writing to your Lordships ; I have therefore
judged it necessary to acquaint you, that on the 21st Septemr.
last, there arrived here a ship from the Tower, with cannon,
carriages, shot and other ordnance stores, with bedding and
cloaths for the poor men. As I have the wellfare of this
Province much at heart, I hope your Lordships will excuse my so
frequently reminding you thereof, in order that the same may be
promoted and secured from being disturbed by our neighbours,
the French, who are very assiduous in carrying on their fortifycations
at the Island of St. Johns in the Bay of Vert, and at St.
Peter's about six or seven leagues distant from Canso, which is
to them a very great eye sore ; and I heartily wish it were put in
a state of defence, for 'tis a most valuable place, and in case of
any disturbance, it will, I am much affraid, be abandon'd, to the
great prejudice of Great Britain, which I hope your Lordships will
consider, and move its being fortifyed ; otherwise it must
certainly fall a sacrifice, being in a most miserable condition,
without barracks or houses, for either stores of war or provisions.
I have also formerly advised your Lordships of the information
which I had received of the French carrying on a very great
Fishery at Cape Gaspy, where there annually resorts a great
number of vessells, and of greater force, than at Lewisbourg,
which must needs prove detrimental to our fish trade, and which
I wish could be prevented by the man of war's visiting these
parts, with Instructions to report the particular state and scituation
of these places, which is not possible for me to do, being
obliged at such a distance, to give ear only to the informations of
others. This ship from the Board of Ordnance, which is to carry
home all the cannon, mortars etc. hath much revived us, and
makes us hope that care will be taken of us, they having also sent
some artificers, with directions to their storekeeper, to put the
Garrison and the outwork in repair, which at present wants it
much : We have ever since the spring been employed in patching
and repairing the roofs and the foundations of the houses, to
prevent their falling ; and I hope that in a few years, the whole
Garrison will be in a tollerable good condition ; and I heartily
wish our storehouses and magazines were likewise ordered to be
made bom proof, which would be a great safety to the place.
I am informed from Canso that they have not only cured a great
many cod fish (tho' not so many as last years) but also killed a
great many whales, and made a considerable quantity of oyle.
This trade is carryed on by a number of sloops in company, fitted
out from Connecticut and New England, who catch them off at
sea, and bring them to the port of Canso. They about the 20th of
Septembr. last had about seventy sloops put in there, deeply
loaded with fourteen whales ; and they were daily in expectation
of one hundred sloops more, also full freighted from the Banks,
where they report are whales in great abundance ; and as this is an
advantageous branch of trade, I hope your Lordships will be
convinced, that there is a necessity for the fortifying of that fort,
and promote the same, that the views of our encroaching neighbours
of Cape Breton, or of any other of the French Governments,
may be thereby disappointed ; and I am of opinion that the
annual dutys arrising from the trade at Canso, will far exceed the
annual expence of the Government in having it well fortifyed ;
Besides it would draw multitudes of people there, by which the
trade would yearly increase, were there such a fortifycation, and
a sufficient number of men for their protection etc. Our Indians
begin to be uneasy, and 'tis alleadged that it proceeds from having
never received the presents formerly sent to them by his late
Majesty : the French, who have always been incendiarys, improve
their opportunitys, and make use of every the least pretence, to
incite them against us ; and also to engage them further in their
own interest, do punctually send them annual presents, which,
wou'd the Government of Great Britain do, and order them
some red and blew strouds, a few arms and a smal quantity of
powder and shot yearly, it would, I believe, be the most successfull
method of securing them to the British interest ; or could
this Government trade with them on the same footing as that of
New England, by having truck houses erected in several places
of the Province, especially at the River of St. Johns, to prevent
their being imposed upon by other traders (who prefer their
present profit to any future publick good) as the Government of
New England hath done, for their publick peace, tho' they are
otherwise loosers by the traffick, I am apt to believe, could a fund
be ordered to supply such houses in this Province, that it would
in a great measure answer the end, if faithfully applyed, (tho'
they are at best, by all I can learn, a perfidious people to the
English, through the means of their Missionarys). The loss by
selling cheaper, or buying their furs at an higher rate than the
traders do, being but a triffle to the publick in comparison to their
freindship to the Government, if it could be procured through
these means. I am informed that a geat body of Indians are
gone to a place called Peanycook, upon the frontiers of New
England, and lay claim to several tracts of land, which much
alarms that Government, and etc. I have advice that another
body of them, under the conduct of one Astage, a Missionary
Priest, intend to take up their quarters this winter at Chickenectua,
in this Government. Their designs are not as yet fully
discovered ; But 'tis suggested that it is partly to prevent my
perfecting the magazine at Mines ; and I beleive that both the
Government of Quebeck and Cape Breton are at the bottom of it,
as formerly signifyed to your Lordships ; However I shall as
carefully as possible, watch their motions, and advise you accordingly,
and from time to time lay before you whatever I may think
necessary for the wellfare and interest of this Province, being
zealously affected towards H.M. service etc. Signed, L. Armstrong.
Endorsed, Recd. 28th Jan., Read 5th Sept., 1734. 4 pp. [C.O.
217, 7. ff. 28-29 v., 30 v.]
|
