America and West Indies: October 1734, 16-31

Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735. Originally published by Her Majesty's Stationery Office, London, 1953.

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'America and West Indies: October 1734, 16-31', Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953), pp. 254-277. British History Online [accessed 23 June 2024].

. "America and West Indies: October 1734, 16-31", in Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953) 254-277. British History Online, accessed June 23, 2024,

. "America and West Indies: October 1734, 16-31", Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953). 254-277. British History Online. Web. 23 June 2024,

October 1734, 16-31

Oct. 16.
341. Lt. Gov. Ogle to the Council of Trade and Plantations. In obedience to your Lordships' commands communicated to me by Mr. Popple, in a letter dated the 30th of May last, to transmit to you my opinion, what further encouragemt. may be necessary to engage the inhabitants of the British Colonies on the Continent of America, particularly of those within this Government, to apply their industry to the cultivation of naval stores of all kinds, as also of such other products as may be proper for the soil of the said Colonies, and do not interfere with the trade, or produce of Great Britain, which your Lordships likewise require to be transmitted with the greatest dispatch; I have sent the best account I am able to give in so short a time, your Lordships' commands not having arrived here till the first of this month. The inhabitants of Maryland are at present almost wholly employed in making tobacco, but the soil in many places is certainly exceedingly rich and proper for hemp, which however nobody applys themselves to at present, nor I believe will do for this long time to come, without an extraordinary encouragement. The chief reason that prevents people turning their thoughts this way, besides the length of navigation, I take to be the dearness of labour, for the richest and best fresh land is generally so loaded with trees, that it cannot be cleared of the roots and made fit for this purpose without a very great expence. People that are free, have great wages, two shillings a day and their diet being a common price, and even the labour of bought servants and slaves comes much dearer here than that of labouring people in any part of Europe; besides that slaves sell for more here than to the Southward, their cloathing is more expensive, nor are they in a considerable time after importation fit for service, especially in cold seasons, and at the best a slave will not do near the daily labour of a working man in Great Britain or Ireland; the case is the same with white servants, who are generally of the most idle and slothful people, and besides lose much of their time by sickness, which still increases the expence. A gentleman of this country of a very good fortune, with a good number of hands, a few years ago applyed himself wholly to the making of this commodity, but sunk under the experiment, which, I believe, has sufficiently discouraged others, from following his example, unless a greater bounty be given than the present one, which upon experience has been found insufficient. The shortness of time in all former bounties is. likewise much complained of by all people here, who seem any ways inclinable to go upon this, or any other sort of naval stores. The lands on the navigable rivers are pretty much cleared of wood, and did the freight admit of exportation of ship building timber, the land carriage and labour in getting it, would be too great; large pines are scarce, nor does the Province seem to afford a sufficiency of pine trees to go upon pitch and tarr or turpentine for exportation; hitherto they have not, nor at present do they make enough for their own consumption. The Province in many parts affords a good and kindly iron oar, and there are at present two iron works on foot, one of them having a forge for bar iron, but altho' the article of wood is so much cheaper here than in England or Ireland, the charge of labour, and extraordinary wages to proper workmen to induce them to come over, sinks the other advantage so much that they who have engaged in this business, meet with many difficulties and disappointments in the carrying of it on; how far it may be consistent with the interest of Great Britain to take off the present duties I shall not presume to say; but the doing of it would certainly occasion a large supply both of bar and pig iron to be sent home from the Plantations and particularly from this Province; which in return would take off so much more of the British manufactures, it being very certain, that they always have and will continue to send for as much of them as they are able: And indeed for this reason it seems hardly possible for too much encouragement to be given to the Plantations, to induce them to employ their industry to the cultivation of naval stores of all sorts, which might have an additional good effect on the two tobacco Colonies, as it would take off some of their hands from the making of tobacco, the low price of which being the only thing that can ever turn their thoughts to raising of sheep, weaving, spinning and other arts which interfere with the manufactures of Great Britain, to which they are so little inclined, that nothing but necessity drove them to the little they have done this way of late, and which the rise of their tobacco last year has made several of them begin to neglect already, saying, they can [? get] everything of this sort much cheaper from England, than they can make it at home. I make no doubt but very good wine may be made in this country, vines growing everywhere in the woods, but what encouragement will be sufficient to get people upon so new a thing, I cannot take upon me to say. The Great Bay of Chesapeak, which runs thro' this Province is full of various kinds of fish, of which the people might make a considerable advantage, were they indulged with the liberty of importing salt directly from Europe, as they are in the Northern Colonies, which indulgence, it is to be hoped, can no ways interfere with the trade of Great Britain. Signed, Sam. Ogle. Endorsed, Recd. 31st Dec, 1734, Read 1st Jan., 1735. 3½ pp. [C.O. 5, 1268. ff. 145–146 v.]
Oct. 18. 342. Mr. Fane to the Council of Trade and Plantations. Has no objection to three Acts of St. Christophers, 1734. Signed, Fran. Fane. Endorsed, Recd. 25th Oct., 1734, Read 18th July, 1735. 1 p. [C.O. 152, 21. ff. 73, 76 v.]
Oct. 18.
343. Memorial by Governor Cunningham to the King in Council. The service intended to be carried on by the troops order'd to Jamaica will be greatly obstructed for want of salt provisions, which must be their chief subsistance while in pursuit of ye rebel slaves, or in possession of any of their settlements, that island not affording at all times a sufficient supply on such occasions; and even when there has been plenty of such provisions there, and funds rais'd for providing the same, the merchants have refus'd to credit the publick, the payments to be made from such funds being at least too remote, if not uncertain, (in case of any deficiencys) so that the service has been delay'd, and the troops, and party's been unable to march for want of such provisions, at seasons when the best services might reasonably have been expected from them. These streights and difficulties (as I am well inform'd) having principally proceeded from the great scarcity and want of currency, recourse has been had to ye raising of loans on the credit of the funds, at an interest of twelve per cent, to answer the immediate and pressing necessitys of the publick, but the sums rais'd in pursuance of that method have been so small and inconsiderable, that they have serv'd more to demonstrate the great want of currency already mention'd, than in any wise to answer what was propos'd thereby; considering therefore the island under these unhappy circumstances, most humbly pray your Majesty will be graciously pleas'd to give directions, that the troops sent thither may be supply'd with salt provisions, in like manner as your Majesty's troops are supply'd at Gibralter, or other your Majesty's garrisons abroad, till your Majesty's subjects there shall be in a condition to furnish the same, to the end the service may not be delay d. or the troops subjected to any extraordinary hardships, in the discharge of their duty; as also that the list of ordnance stores hereunto subjoyn'd be supply'd, which are not to be had in the island, or the people at present able to provide them, tho' absolutely necessary for the defence and general security of that important colony to the Crown of Great Britain etc. 1¾ large pp. Enclosed,
343. i. (a) A list of ordnance now at H.M. Fort Charles at Port Royal in Jamaica.
(b) A list of ordnance stores wanting for same. Six or eight 24-pounders and 1000 stand of arms etc. 2 large pp. [C.O. 137, 47. ff. 240–241 v.]
Oct, 18. 344. Memorial by Governor Cunningham to the King in Council. Your Majestie's subjects of the Island of Jamaica have for many years past been at great expence in fitting out partys against their slaves in rebellion, which of late has been greatly encreas'd, having been under a necessity of raising and maintaining a stronger force, in hopes to have redue'd that intestine enemy (grown strong and audacious by the frequent desertions of other slaves, and the almost continual defeats of the Country partys) to obedience; but being still unfortunate and under a pressure of numerous taxes, that have been very heavy andburdensome to all, have in these sad circumstances no other hopes but in your Majesty's great goodness and compassion to them; Wherefore I most humbly pray your Majesty that in consideration of what has been premis'd, the supply absolutely necessary to be rais'd for carrying on the publick service, the many difficulties the people now labour under in raising their taxes, and the great want of currency, through the loss of their trade in general to the Spanish settlements, since the Assiento contract and the annual ship sent to those parts by the South Sea Company; that your Majesty will be pleas'd to restore the Legislature there, to the liberty of laying a small duty on the import and export of negroes, till they shall be in a condition otherwise to raise the necessary supplys, it being what they have enjoy'd ever since the year 1693 'till your Majesty's Instruction to Majr. Genl. Robert Hunter forbidding the same, and is (from the best information I have been able to get) one of the principal branches of supply on any exigency possible to be rais'd in that island, and in no time more necessary than the present, may be a means of circulating credit, and a relief in some measure to their misfortunes, as they will be enabled thereby, to raise a certain fund towards the subsisting your Majesty's troops order'd thither for the reduction of their rebellious slaves, which is the only motive which has induced me to lay the same before your Majesty etc. 1½ pp. [C.O. 137, 47. ff. 248, 248 v.]
Oct. 21.
Spanish Town.
345. Major Ayscough, President of the Council of Jamaica, to the Duke of Newcastle. My Lord, in my letter of the 17th Septr. last I acquainted your Grace, that thro' the many inconveniencies of the party having been harboured in so many unlicensed punch-houses at Port Antonio, and of their being rendred by their excessive drinking, and thro' sickness, unfit for service, as also by reason of a rapid river, that lies between that place and the Rebels' Town, which in the great rains is not ford-able; the Legislature have thought fit to remove them from that part of the country to Port Morant; but since it has been discovered, what a sett of people these inhabitants are, and what their practises have all along been, that the keeping up and maintaining the parties in these parts have been only made a trade of, that the country have been at the expence of one hundred thousand pounds within these five years and no benefit received or relief had, since we have had other information from our party negroes, that there has been a constant correspondence kept between some negroes of our side and those of the rebellious, and that they have been supplied with gunpowder from them; since for want of good discipline the men have daily deserted, and the present law is not severe enough in inflicting a punishment adequate to such an offence; the Assembly being resolved to be no longer thus imposed upon, applied to me to discharge the parties, which was not done, without a due regard had to the security of the out-settlements and particularly to Port Antonio; for your Grace's information of a true state of these facts, I have sent inclosed Lieut. James Draper's examination, and a copy of that part of the Journal of the Council, which is transmitted to the Lords Commrs. of Trade wherein their reasons and resolutions are given for the discharge of the parties in a free conference had with the Assembly. The inhabitants of Tichfield near Port Antonio being by these proceedings deprived of all hope of making the people a farther property and of growing rich by the ruin of their country are now become desperate, and have broke out into flames of sedition, and have without any reason renounced the aid and support of the Government, and by a letter dated the 27th day of Septr. last from that town applied to Sr. Chaloner Ogle for his assistance and have offered to put themselves under his protection; and to support their pretended complaints have therein falsely given it to him as a reason, that they had no expectation of having any assistance from me, and that I had openly declared my intentions of giving up that place, which can have no other construction than that I had intended to give up Tichfield to the rebells, which seditious and malicious libell is attended with one circumstance of the highest aggravation, that of their ingratitude in making me such a return when I have deserved all the good will from them, for my being during the course of my administration ever mindful of their interest and safety, one particular instance whereof I gave in refusing the Assembly to discharge the party, untill a proper care was taken of that place. My Lord, I shall not trouble your Grace with anything farther in the vindication of my caracter, your Grace will be better satisfied with that from the Assembly on their address to me, and inclosed herein to your Grace, and with the resolution of the Council inclosed, who have ordered these subscribers to be severely prosecuted according to law. Some time after the rebels went up to a sugar work of one Broadgates, called Edwards Fort in the out-settlements in the parish of St. George's about 25 miles from Port Antonio, where there was only the Master and two white servants, who were at some distance from the house, who on the approach of the rebels ran into the woods, but his wife getting into a little fort near the mansion house, did so manfully defend herself, with the assistance of two of her negros, that the robbers went away without getting any thing for themselves, but burnt part of the house, and set fire to the Canes. Upon receiving advice of this accident, I immediately sent 50 shot to the relief of those settlements, and called the Assembly to consult on some farther expedients to put a stop to those insults and incursions; but they finding all former measures in fitting out partys (which consist of indented servants and the idlest people) to be hitherto ineffectual, have thought necessary to put the country under martial law for six months, and accordingly made an Act for that purpose under some exceptions, which past the Council, and had my consent, which law if put in execution with vigour and resolution, will by the assistance of the forces expected enable us to reduce the rebels. Enumerates enclosures. Signed, J. Ayscough. Endorsed, R. 10th Jan. Copy. The original sent to Mr. Sharpe, Clerk of the Council, in a lettr, from J.C. Jan. 11th, 1734/5. 5 pp. Over page,
345. i. Memorandum of enclosures received with above letter:—(a) The President's Speech on Tuesday, 1st Oct., 1734. (b) Address of the Assembly of the 3rd Oct., 1734, and the President's answers, (c) Copy of Mr. Draper's examination, (d) Address of the Assembly upon the libell and the President's answer, (e) Copy of a seditious letter from the inhabitants of Titchfield to Sr. Chaloner Ogle, 27th Septr., 1734, and of the Minutes of Council. (f) Copy of the reasons and resolutions of the Council for the discharge of the partys, taken out of the Journal of the Council of 16 Augt., 1734. ½ p. [C.O. 137, 47. ff. 244–246 v., 247 v.]
Oct. 21.
Spanish Town.
346. President Ayscough to the Council of Trade and Plantations. Duplicate of preceding covering letter. Signed, W. Asycough. Endorsed, Recd. 13th Jan., Read 11th July, 1735. Addressed. 3 large pp. Enclosed,
346. i. Extract from Minutes of Council of Jamaica, 16th Aug., 1734, giving reasons for discharging the parties. Endorsed, Recd. 13th Jan., 1734/5. 4¼ large pp.
346. ii. James Draper's examination by the Committee of Assembly, 14th May, 1734, as to the failure of the parties. The men were supplied freely with rum by the tavern keepers, who bought their arms etc., and the magistrates failed to put the laws in execution. The party men and negroes were employed by the inhabitants of Titchfield etc. Believes the rebellious negroes are supplied by the parties etc. with powder. Several of the rebellious negroes have been sheltered at Port Antonio etc. Endorsed as preceding. Copy. 1½ pp.
346. iii. (a) Inhabitants of Titchfield to Commodore Sir Chaloner Ogle. Sept. 27, 1734. Having no expectation of assistance from the President, who has openly declared his intentions of giving up this place, and having good reasons to fear an attack by the rebellious negroes, place themselves under his protection, and ask for a ship of war to defend them etc. Signed, Samuel Orgill and 7 others.
(b) Order of Assembly upon preceding. Being unanimously of opinion that the letter is a scandalous libel, in the highest degree reflecting upon the government, the Attorney General is ordered to prosecute the subscribers. Endorsed as preceding. Copy. 1 p.
346. iv. Address of Assembly to President Ayscough. Have the deepest abhorrence of the malicious scandalous and false libel etc. He has not been wanting to give Titchfield all the assistance in his power etc. Have expelled a Member of the House for subscribing said paper etc. H.E.'s reply. Same endorsement. Copy. 1¼ pp.
346. v. President Ayscough's Speech to the Council and Assembly of Jamaica, 1st Oct., 1734. Has summoned them on account of an attack by the rebellious negroes upon a plantation in St. George's parish. Invites them to take measures to stop such incursions without waiting for the arrival of H.M. troops etc. Same endorsement. Copy. 1 p.
346. vi. (a) Address of Assembly to President Ayscough, 4th Oct. In answer to preceding, will do all in their power etc.
(b) President Ayscough's reply. Same endorsement. 1¼ pp. [C.O. 137, 21. ff. 174–175 v., 177–181, 182–183 v., 184 v., 185 v., 186, 187, 188, 188 v., 189 v.; and (duplicates of covering letter and, enclosures in and vi only) 137, 55. ff. 114–116, 118.]
Oct. 22.
347. Governor Mathew to Mr. Popple. Encloses Minutes of Council and of Assembly, Montserrat, ending 19th Sept., just received. Signed, William Mathew. Endorsed, Recd. 31st Dec, 1734, Read 30th July, 1735. Holograph. 1 p. [C.O. 152, 21. ff. 92, 97 v.]
Oct. 22. 348. Thomas Lowndes to the Council of Trade and Plantations. I must be allowed the liberty to observe to your Lordps., that about four years ago I sold a barony of land in South Carolina, the grant of which, except the trustees' name, was just the same with that purchased by Mr. Rutherford (which has long lain in your Lordps.' Office) and I took bonds payable at a future day for the purchase money. Some time after the bonds were become due, I put them in suit, and the security one Mr. Cotton etc. an attorney of much fame by direction, as he said, of Wright the purchaser brought a bill in the Exchequer at Westmr. praying that the bonds might be deliver'd up cancelled for that the grant, for the purchase of which they were given, was void for uncertainty there being no bounds etc. described in it. I by order of Court set forth the grant in haec verba and pleaded the saving clause in the Act of Parliamt. for the Crown's purchase of Carolina and my answer was not only allowed to be sufficient and good, but after several hearings before the Lord Chief Baron etc. the purchaser's bill was dismissed with full costs; which together with the purchase money was levyed upon the securitys, goods etc. in Hertfordshire and Middlesex. Your Lordships' Solicitor may give you full information of the whole proceedings, for we fought all the weapons through. The Records of the Council Office of the 19th Mar., 1727/8, will shew (when the Treaty was negotiating) that H.M. bought Carolina with the incumbrance of my grant expressly and by name. And the saving clause was accordingly drawn by the grant now before your Board. If after all this my right is to be question'd, I know not what can be called property etc. H.M. (with all submission I write it) is bound in law by the Proprietors' Warranty, wch. is peculiar to my grant alone, and I was a purchaser for a valuable consideration. I therefore beg leave humbly insist on your Lordships performing your agreement with me as to directing the Surveyor Genll, to run out the Barony sold to Mr. Rutherford agreeable to my Memorial. The Surveyor Genll, is an officer under your Lordps.' directions by his Instructions. I most solemnly conjure your Lordps. not to let your prejudice to my person affect my cause, when you sit in judgement. The complaint I exhibited against your Secry. Mr. Popple was well grounded, for I was basely cheated by his mediation, and I lost more than sixty pounds. I do with truth assure your Lordps. did I not abhorr disserving my native country, I can shew a neighbouring nation how to deprive Great Britain of a valuable branch of trade without infringing any Treaty, and if your Lordps. will signify that you think this a vain brag (so that my honour as an Englishman may be fully justified) I will immediately and publickly set down in writing how in that particular our commerce may be prejudiced; and I know, my Lords, how to be very welcome to a foreign State whose language, manners and customs ('tis well known) I am no stranger to. I am, my Lords, your Lordps'. most oppressed humble Servt., Tho. Lowndes. Endorsed, Recd., Read 22nd Oct., 1734. Holograph. 2 pp. [C.O. 5, 363. ff. 128, 128 v., 129 v.]
Oct, 23.
349. Circular letter to Governors of Plantations in America. Whereas by H.M. Royal Instructions to you and other ye Govrs. etc. of His Plantations in America, etc., you are required not to permit any clause whatsoever to be inserted in any law for levying mony or the value of mony whereby the same shall not be made lyable to be accounted for unto H.M. and to the Lords Commissrs. of H.M. Treasury or Lord High Treasurer for the time being; and whereas you are likewise particularly required and injoyn'd, upon pain of H.M. highest displeasure, to take care that fair books of accounts of all receipts and payments of all publick monies be duly kept and the truth thereof attested upon oath, and yt. the said books should be transmitted every half year or oftner to the Lords Commissrs. of H.M. Treasury etc., as likewise to us, and duplicates thereof by the next conveyance, in which books are to be specified every particular sum raised or disposed of, together with the names of the persons to whom any payments are made, to the end H.M. may be satisfied of the right and due application of the Revenue of His Plantations, with the probability of the increase or diminution of it under every head or article thereof; and whereas notwithstanding the said Instruction the Govrs. of some of H.M. Plantations have for many years past neglected to transmit any such books either to the Lords Commissrs. of H.M. Treasury or to us. We conceive it necessary for H.M. service to remind them of their duty in this particular, and we accordingly recommend to you in an especial manner to pay a due and exact obedience to H.M. Instructions herein for the future. [C.O. 324,12. pp. 76, 77.]
Oct. 23.
350. Mr. Scrope to Mr. Popple. Encloses following to be laid before the Board. Concludes:—As my Lords agree entirely with Mr. Attorney General in his opinion thereupon, you will please to move their Lordships at the same time to obtain H.M. orders to the said Governour [Johnson] to pass the grants of the lands which have been surveyed for the petitioners, and certifyed into the proper offices, to the end the petitioners may be thereby enabled to try the validity of certain old dormant patents, and of the surveys made under colour thereof, and may also have the effect of other the matters and things which Mr. Attorney hath proposed for their further releif in the premisses. Signed, J.Scrope. Endorsed, Recd. 25th, Read 29th Oct., 1734. Addressed. 1¼pp. Enclosed,
350. i. Mr. Attorney General to the Lords Commissioners of H.M. Treasury. Sept. 30, 1734. In obedience to their Lordships' commands has considered enclosed petition submitted on behalf of petitioners and other inhabitants of S. Carolina, etc. v. encl. ii. Continues: In support of which petition Mr. Hume, one of the petitioners, who acts as Agent for the rest, hath laid before me an attested copy of the petition referred to in the said petition etc., which was presented to the Lower House of Assembly in S. Carolina etc. Upon which petition (as the present petitioners have represented to me) no relief was obtained, tho' the same was supported by the deposition of William Hazard and Thomas Stone etc. Describes contents of following affidavits etc. Continues: Upon the whole I am humbly of opinion that the complaint of the petitioners is well founded, and that they have very just reason to apply to your Lordships for relief. The prayer of their petition seems to be a little too extensive. But I would humbly recommend it to your Lordships to advise H.M. to order the Governor of South Carolina to pass the grants of the lands which have been surveyed for the petitioners and certified into the proper offices that the petitioners may be thereby enabled to try the validity of the old dormant patents and of the surveys made under the colour thereof. And that in passing such grants the said Governor may be ordered to have a regard to the priority of such surveys that no undue preference may be given. It seems to me likewise very reasonable that the Secretary of the said Province, the several Clerks of the Council and of the Upper and Lower House of Assembly should deliver to the petitioners on payment of their customary fees copies of all acts of Assembly, records, papers and vouchers in their custody attested upon oath and that the said Governor if required do cause the Broad Seal of the Province to be affixed to such attestations. As to the erecting of a Court of Exchequer H.M. Instruction seems to be sufficient, and unless it appeared to me what has been done in pursuance of that Instruction, I cannot take upon me to say that any further directions are necessary. When such Court is erected it ought not to be under the influence of the Governor or either of the Houses of Assembly. But as it cannot be presumed that the Governor or either of the Houses of Assembly will make use of any such undue practices, I humbly apprehend that it would he improper to give any directions in respect to this part of the prayer of the petition. Nor do I think it proper upon the application of private persons to give directions to the Legislature in this Province what laws they are to pass, especially since all such laws must afterwards receive H.M. approbation and may be rejected by Him if thought proper. Signed, J. Willes. Endorsed as preceding. 10½ large pp. Enclosed,
350. ii. Petition of Robert Hume, Thomas Cooper, Job Rothmahler, Elez. Allen, William Frewin, Walter Izard, William Dry and Malachi Glaze Esqrs., Richard Lambton, Robert Austin, John Frazer, Ebon. Simonds, James Kilpatrick, and William Harvey, inhabitants of South Carolina, as well on behalf of themselves as of divers other inhabitants of the said Province, to the Lords Commissioners of the Treasury. Sheweth that many of your Petitioners were settled in and about Port Royal in Granville County and were entituled to sundry tracts of land by grants from the late Lords Proprietors. But the Indian war breaking out in the year 1715 your Petitioners were drove off and forct to fly, many of them having their houses burnt, their wives, children and other relations and their servants and slaves most cruelly massacred and thereby your Petitioners' title deeds to their respective possessions destroyed and your poor distressed Petitioners could not with safety return to those parts till within these few years past, for a fuller illustration of their hard condition, they beg leave to refer to the copy of their Petition to the Lower House of Assembly in South Carolina hereto annext. That some of your Petitioners being invited over to the said Province upon a manifesto of Robert Johnson Esqr. then and present Governour of the said Province, published in Ireland in 1718, whereby each person capable of bearing arms was promised three hundred acres of land in the said Granville County, your Petitioners obtained warrants from the said Governour and procured several tracts of land to be admeasured and laid out unto them and certified by the Surveyor General, but before your Petitioners could obtain proper grants of such lands (which grants they were very desirous to have and used all possible means to procure) the land office was shut up notwithstanding which your Petitioners remaining in hopes of proper titles whenever the office became open again, they settled and cultivated these lands and lived thereon at the great peril of their lives from the neighbouring Spaniards and Indian enemies until such time they were obliged to fly to preserve their lives from the Indians who came into the settlements and killed severalinhabitants and your petitioners durst not until very lately return into those parts. That your Petitioners being thus drove off their estates several persons under coulour of patents for Landgrave and Cassiequesships known to be void taking advantage of your Petitioners' misfortunes and the particular circumstances of their case have since the year 1719 in a most unjust and cruel manner run your Petitioners' land and possessions from over their heads and covered exorbitant tracts of land in the said County as well to the injury of your Petitioners as to the great weakening and hindrance of the settlement and cultivation of that part of the said Province. That many of your Petitioners in order to be restored to their old possessions and others of your petitioners being desirous to become tenants to H .M. and to cultivate and settle lands in the said County which at present lies waste and unsettled for many miles together) they obtained warrants from His Excellency Robert Johnson Esqr. Governour of the said Province directed to H.M. Surveyor to lay out and admeasure unto them respectively the several quantities of lands therein mentioned and pursuant to such warrants sundry tracts of land (part of them your Petitioners' old possessions and the residue thereof vacant lands belonging to H.M.) have been surveyed, plotted and certified for your Petitioners into the proper offices ready for grants to be affixed to the same, and your Petitioners have been at great trouble and charges in obtaining such warrants and surveys. That since the several surveys last mentioned to have been made for your Petitrs. His Excellency Robert Johnson Esqr. Governour of that Province and four or five other persons designing to engross exorbitant tracts and to enrich themselves by selling the same again in parcels have obstructed your Petitioners in obtaining H.M. grants under pretence of sham surveys of these lands by virtue of Patents which were void and had been so reported to be by H.M. late Attorney and Sollicitor General, to the great hindrance of the settling of that County in prejudice of your Petitioners' rights and just claims and in diminution of H.M. Revenue. That the said Governour Johnson by one of H.M. Instructions in 1730 (as your Petitioners are advised) was required to establish a Curt of Exchequer in the said Province for determining all cases relating to H.M. Revenue, wherein your Petitioners conceive all disputes relating to H.M. lands are properly cognisable. But the said Governor hath neglected to erect such Court and instead thereof he together with the Council have assumed the same to themselves (being both parties and judges) and have already in a most arbitrary illegal and extra-judicial way forejudged your Petitioners' claims in favour of the old dormant patents in prejudiceof H.M. title and lessening his Revenue. Wherefore your Petitioners humbly pray that the Governour of the said Province he ordered to pass H.M. grants to your Petitioners of the said lands whereby they may be enabled to try the validity of such pretended patents and of the surveys made under colour thereof. That the Govr, of the said Province be ordered to pass grants of lands laid out and admeasured to your Petitioners by virtue of warrants from H.M. Governour there according to the priority of such survey which will be a means to prevent any partiality or undue preference. That H.M. Court of Exchequer may be forthwith erected for the hearing and determining rights and claims of lands according to law without appeal otherwise than to H.M. That such Court may not be under the influence of the Governour or subject or lyable to the awe, power or controul of the Upper or Lower Houses of Assembly. That an instruction may go to the said Governor requiring that the Secretary of the said Province, the several clerks of the Council and of the Upper and Lower Houses of Assembly do deliver to your Petitioner (on payment of the customary Fees) copies of all Acts of Assembly records, papers and vouchers in their keeping and attest the same on oath and that the said Governour do cause the Broad Seal of the Province to be affixt to such attestations. That no law may pass for the reviving or confirming such landgraves' and cassiques' patents as have been laid on any lands in Granville County since the year 1718. That your Petitioners may have such other relief as your Lordships shall think proper. Signed, Robt. Hume, Attorney of the Petrs. I large p.
350. iii. Petition of the inhabitants of Port Royal and parts adjacent in Granville to the House of Commons met at Charles Town. Abstract. Petitioners, who have been settled here on the Frontier for many years and exposed to the greatest dangers from incursions by the Indians and Spaniards, are now deprived of the opportunity of taking up more lands, pursuant to H.M. Instructions, except back lands of little or no use and lying in the very jaws of the Indians. For all the valuable lands on navigable rivers or creeks adjacent to Port Royal have very lately, but before the Office was publickly opened and before petitioners could have an opportunity of taking up lands, been taken up and run out in exorbitant tracts of 12 and 24,000 acres under colour of patents heretofore granted to Landgraves and Cassiques, and which petitioners are credibly informed have been reported to be absolutely void in law by H.M. Attorney and Solicitor General in Great Britain etc. The patentees by the exorbitant grants they have ingrossed, have not only prevented the settlement of these parts, but have run some of petitioners' lands and possessions over theirheads and left them destitute of a place whereon to set their feet. Pray them to represent their distresses to His Majesty "in the most particular and pathetic manner" etc. 61 signatures. Copy. 1¾ pp
350. iv. Deposition of John Beamor, 18th Oct., 1733. As an inhabitant of Port Royal over 15 years, knows many of signatories to above petition, which he confirms. Signed, Jno. Beamor. 2 pp.
350. v. Copy of No. iii.
350. vi. vii. Depositions of George Hogg of Port Royal. 5th Feb. and 11th Jan., 1733. Corroborates No. iii. Signed, George Hogg. 1 p. and 1¼ pp.
350. viii. Deposition of George Ducat, of Charles Town, 20th Oct., 1733. Corroborates No. iii. Signed, George Ducat. 1 p.
350. ix. Deposition of Richard Allein, of Graven County. 20th Oct., 1733. Certifies that following are true copies etc. Signed, Richd. Allein. 1 p.
350. x and xi. Examination of William Hazzard and Thomas Stone of Port Royal, before Chief Justice Robert Wright. 11th April, 1733. Corroborate No. iii. Signed and sworn to by, William Hazzard, 2½ pp. Thomas Stone (his mark). 2½ pp. and 1 p.
350. xii. Opinion of Attorney and Solicitor General, 28th July, 1730, referred to in No. iii, that the grant, No. xiv, by reason of the uncertainty thereof is absolutely void in law. 1 p
350. xiii. Deposition of James Greemes and William Frewin of Charles Town, 14th Dec, 1733, that following is a true copy. Signed. James Greemes, William Frewen.
350. xiv. Patent from the late Lords Proprietors of S. Carolina to Sir Nathaniel Johnson, 1686, of two baronies of 12,000 acres each. Copy. Latin. 12/3 pp. [C.O. 5, 363. ff. 144, 144 v., 145 v.–151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 162 v., 163, 164, 165, 166, 167, 168, 170, 171, 172, 172 v.]
Oct. 24.
351. Lt. Governor Armstrong to the Duke of Newcastle. Tho' at present I have nothing material to lay before you, I still conclude it my duty at all times to make offer to your Grace of my best respects. The state of the Province is as I advised you in my last and former letters, as to which I doubt not your Grace will honour me with such directions as may be necessary for my further guidance therein, to which I shall allways strickly conform myself. We have seldom or never seen here any of our Indians since the news and report of war; the last advice we had of their being assembled into any considerable body was this summer at Cape Breton under pretence of then-annual presents: but their consultations and other designes are as yet to us unknown, and I must acquaint your Grace that for want of such presents here this H.M. Government is much despised by these poor deluded people; which 1 presume to offer to your Grace's consideration. Signed, L. Armstrong. 2 pp. [C.O. 217, 39. ff. 128, 128v.]
Oct. 24.
352. Lt. Governor Armstrong to the Council of Trade and Plantations. Tho' at present I have nothing material to lay before you, I still conclude it my duty at all times to make offer to your Lordps. of my best respects. The state of the Province is as I advised you in my last and former letters, as to which I doubt not the favr. of your Lordps'. answer and such other directions as you my judge necess'ry for my farther guidance therein, to which I shall allways strickly conform myself. We have seldom or never seen here any of our Indians since the news and reports of war; the last advice we had of their being assembled into any considerable body was this summer at Cape Breton under pretence of their annual presents; but their consultations and other designes are as yet to us unknown: And I must acquaint your Lordships that for want of such presents, this H.M. Government is much despised by these poor deluded people; which I presume to offer to your Lordships' consideration etc. Signed, L. Armstrong. Endorsed, Recd. 25th Feb., Read 4th Sept., 1735. 1¾ pp. [C.O. 217, 7. ff. 122, 122 v., 125 v.]
Oct. 26. 353. Extract from letter. Mr. Wood to Mr. William Jefferies of Bristol. As there can be nothing more visible than that our adversarys are aiming at all the delay possible in this dispute about negroes and paper currency, now before the Board of Trade, so you are to push with all vigor, to have a result put to it one way or other, and, if they will not take care of the traders of this kingdom, consequently not of its trade, the traders must stop, who know these affairs, and not suffer themselves to be ruined with their eyes open. Let the Colony have ye whole, and then they will cheat none, but themselves. As for our parts, of Bristol, we desire to see an end of this expence; therefore, as it is now almost 12 months since it began, inform their Lordships, whilest matters are in this uncertain state, both the trade and traders to Carolina must suffer. Let them use their own opinions, and do as they would be done unto, in like manner, but prevail on them, if possible, to have an end put to this dispute. Endorsed, Recd. 6th Nov., Read 28th Dec, 1734 Put into my hands by Mr. E. Wood . . . . at ye Plantation Office. M[artin]. B[laden], 1 p. [C.O. 323, 10. ff. 7, 12 v.]
Oct. 29.
354. Duke of Newcastle to Governor Pitt. Encloses warrant for pardon of John Walker (v. 10th Aug.), Signed, Holles Newcastle. Copy. [C.O. 324, 36. p. 485.]
Oct. 29.
355. Governor Mathew to Mr. Popple. Enclos'd are duplicate Minutes of the Council of Montserat for the quarter ending the 29th Sept. last and of the Assembly of that Island for the same. Mr. Wavell Smith, who keeps the office at St. Christophers and Antigua in his own hands chiefly, is as negligent as ever, and gives me the usual plague of solliciting him in vain for those of those two Islands. I know not what to do with him, unless I suspend him. I have not reed, the Minutes of St. Christophers but to the 20 Feb. and of Antigua to the 8 April last. Tho he has apositive order for my having them quarterly. Signed, William Mathew. Endorsed, Recd. 31st Dec., 1734, Read 30th July, 1735. Holograph. 1 p. [C.O. 152, 21. ff. 93, 96 v.]
Oct. 29.
356. Council of Trade and Plantations to the Duke of Newcastle. In pursuance of their representation of 24th Aug., 1732, quote from Lt, Governor Gooch's letter of 8th Feb., 1733, relating to Mrs. Jones' report of a silver mine in Virginia. Autograph signatures. 2 pp. [C.O. 1344. ff. 27, 27 v., and 5, 1366. pp. 118, 119.]
Oct, 29.
357. Governor of Connecticut to the Council of Trade and Plantations. These come by the first opportunity to acknowledge your favour of May 30th, 1734, and your extensive goodness manifested in desiring of the Governour and Company of this H.M. Colony of Connecticutt to give your Lordshipps their opinion, what further encouragement may be necessary to engage the inhabitants in this Government to apply their industry to the cultivation of naval stores of all kinds &c. and accordingly to informe your Lordshipps, that there is but very little pine in this Colony, so that no other naval stores can be expected from hence besides hemp; for the encouragment of the raising whereof our General Assembly the last May did grant a premium of four pence upon the pound; and also att the same time for the putting the inhabitants upon further industry in raising something that might not interfere with the produce of Great Brittain; a premium was granted for raising silk, but our experience in either of them hath not assured us how advantageous they may prove; or whether they will answer the charge. Signed, C. Talcott. Endorsed, Recd. 5th Feb., Read 17th Sept., 1735. 11/3 pp. [C.O. 5, 1268. ff. 161, 161 v., 164 v.]
Oct. 29.
358. Council of Trade and Plantations to the King. Lay before H.M. for his royal confirmation Act of Montserrat, 1734, for providing an honble. support for Governor Mathew etc. [C.O. 153, 15. p. 276.]
Oct, 30.
Charles Town,
So. Carolina.
359. Mr. Fox to the Council of Trade and Plantations. Encloses lists of vessels entered and cleared, Charles Town, for quarter ended at Michaelmas, 1734. Signed, Jos. Fox, Naval Officer. Endorsed, Recd, (from Mr. Furye) 30th Dec, 1734, Read 18th Sept., 1735. 1 p. [C.O. 5, 364. ff. 244, 251 v.]
Oct, 31.
360. Lt. Governor Gordon to the Council of Trade and Plantations. The regard your Lordships have shewn for the welfare of H.M. Colonies on this Continent, by giving them an opportunity of representing what may be further necessary for their encouragement in raising Naval Stores and other commodities fitt for Britain, deserves very particular acknowledgements, and I am in behalf of this Province to make theirs to your Lordships on this occasion. Your Secretary's letter on this subject, with its duplicate, did not reach my hands till the latter end of lastmonth, and before I proceed to answer it by this first conveyance that has since offered for London, I must beg leave to observe to your Lordships, that it is the whole study of the merchants here to contrive ways for making returns to Britain, to pay for those great quantities of their manufactures that are daily brought hither, and it is not without the utmost difficulty that they are able to accomplish it; whatever encouragements therefore are given for such commodities as this country is capable of producing, fitt for returns directly to Britain, will manifestly tend to increase our importations from thence. Of Naval Stores, My Lords, this Province produces those two valueable commodities hemp and iron. The first has not as yet been raised in any great quantities, the price of labour being high, tho' many are going upon it, but as there are large tracts of land fitt for that produce, it is to be hoped that a continuance of the same bounty now given may, in time, when wages are lowered by the number of inhabitants, enable us to make considerable returns in it. As to iron it is generally allowed, that what is produced here is as fine and good as any whatsoever, but the great expence that attends works of that kind in a country where labour is so dear has given no small damp to these undertakings. On a suitable encouragement given, I am perswaded that this Province and some of the adjacent Colonies may be able to import such quantities of pig metal and bar iron as may very greatly abate the necessity Britain has hitherto lain under of supplying itself therewith on disadvantageous terms, from foreign nations. Flax is likewise found to agree so well with our soil, that it is not to be doubted but a very considerable progress may soon be made in this commodity, of which great quantities are imported from other nations into Britain, and your Lordships are so sensible of the constant demand there is for it, that if large supplies can be furnished by H.M. Colonies, no manufacture may better deserve an encouragement, or contribute more to discharge the debt incurr'd by the importation of British goods. The mulberry tree is likewise so natural to our soil, growing wild in the rich lands, and the silk worm thrives so well, that there is a distant prospect of some advances towards a silk manufacture, which as it affords employment for the weakest hands would be of the utmost advantage. some amongst us have shewn how practicable a design of this kind is, by making some small quantities not inferior, as I am informed, in goodness and fineness to the best from France or Italy, but persons are wanting to lead us into the way of winding it from the balls, which I understand to be the most difficult part of the work: But as in time this difficulty may be surmounted, I cannot but recommend likewise a manufacture of this kind as deserving the greatest encouragement, since by the promoting it a valuable addition may be made to the trade of Great Britain. There have been likewise some small essays towards making potashes, and from what I have both heard and seen, there is reason to conclude that a design of this kind may with industry if encouraged, be considerably advanced. What may be proper to be proposed as encouragements on all or anyof those commodities I have mentioned must be left intirely to your Lordships, whose great knowledge of the general trading interest of Great Britain and of the balances of trade between that Kingdom and those Nations from whence such merchandizes are bought, enables your Lordships to judge in this particular more clearly what may best conduce to the benefit of Great Britain and to the good of its Colonies. I beg leave to acquaint your Lordships that the circumstances of this Province are so little varied from what they were in the year 1731 when I returned my answer to the Queries then sent me that any alteration in that answer appears at this time unnecessary. Signed. P. Gordon. Endorsed, Recd. 31st Dec, 1734, Read 1st Jan., 1734/5. 3 pp. [C.O. 5, 1268. ff. 143–144 v.]
Oct. 31.
361. Col. Bladen to the Duke of Newcastle. Encloses following, of which he has sent a copy also to Sir Robert Walpole, "for his perusal in the country." Continues:—It is now become highly necessary to put an end as soon as possible to this rebellion, and if what I have offerd may contribut to it, I shall have had the satisfaction of having done my duty, in laying these hints before your Grace for your consideration. If they should be thought worthy of attention, any resolutions taken upon them, should be carryed into execution before Mr. Cuningham's departure, particularly upon the last article, which cannot be too early provided for, as it relates to the disposition of ye troopes immediately on their arrival at Jamaica, for they sayled from Gibraltar the 8th of this monthe. I am always with perfect truthe and respect. My Lord, your Grace's most obedient and most humble servant. Signed, Martin Bladen. Holograph. 2 pp. Enclosed,
361. i. Some considerations relating to the present state of Jamaica with respect to their runaway negroes Octr. ye 26th, 1734. The last accounts from Jamaica inform us, that their slaves desert daily in great numbers to the runaway negroes, who plunder all the out settlements at their pleasure; so their reduction is now become a matter of the utmost importance. The Crown has been at a great expence for this purpose, in sending six Independent Companys to that island, in addition to the two already there; and therefore all the fruit that possibly may be, should be reap'd from that expence. But this will depend upon a proper scheme for employment of the troops; for the people of Jamaica have already thrown away great sums of money to a very ill purpose, in sending out partys against these negroes which have sometimes retir'd after small advantages obtain'd over them, without gaining any solid benefit from those advantages; and have also frequently been defeated, more particularly in their late expeditions. These miscarriages have not only brought great disreputation upon the Proprietors of those expeditions, but have likewise renderd the inhabitants contemptible to thenegroes, who now begin to think themselves equal to any undertaking. The first expedition therefore to be made against them by the regular troops should be undertaken with proper caution, for the fate of the Island may in some measure depend upon their success. It may perhaps be pretty difficult, at this distance to form a plan for carrying on a war against savages in woods and mountains, in a method unknown to regular troops; yet some general rules may possibly be laid down, proper to be put in practice where the nature of the country and the circumstances of the people will allow of them; some advantages may likewise be reaped from the experience of former miscarriages, and it would surely be for H.M. service that some general officer should be advis'd with upon this occasion. The following hints relative to this important subject may possibly deserve consideration, they are submitted to better judgements, and if anything usefull should result from them, the substance thereof may be reduc'd into instructions for the Governor of Jamaica before his departure. 1st. It is humbly conceiv'd that the Governor, immediately upon his arrival at Jamaica should make diligent enquiry into the true causes of the late miscarriages in the partys sent out against the negroes, that the like mistakes may be carefully avoided for the future—the reasons generally suggested from thence for these disappointments have been sometimes want of conduct, sometimes want of courage in the commanding officers of those partys, sometimes want of arms, ammunition, or provisions, and sometimes the neglect of appointing proper places of rendezvous where different detachments were to joyn; sometimes the want of guides or non-observance of the hours or routs appointed for their march. 2dly. It is to be hoped that few mistakes of this nature can happen to regular troops, but perhaps it may be worth animadversion that notwithstanding the consequence of this service, the King has no military officer in the Island of Jamaica above the rank of a Captain, and amongst these the eldest upon detachment must always command, whatever his ability may be; it is therefore submitted, whether it might not be necessary to send over two field officers with the Governor, of the rank of Lieutenant Colonels or Majors at the least, men of service and judgement, to be recommended by some General Officer here, that will be answerable for their characters. Proper persons may be had for this purpose upon suitable encouragemt. The troopes might be put under their command, and as they will have no companys of their own, they would be the more exact in seeing discipline observed, and the numbers of men kept up to the establishment. 3dly. If it should be thought necessaryto send these two field officers, to make them the more usefull to the public, they should be allow'd to sit and vote in Council, whenever the Governor or Council shall deliberate about any matters relative to the King's troops. 4thly. As nothing can more readily contribute to the reduction of the negroes than an open and easy communication from one end of the island to the other; the Governor may be directed to propose to the Assembly to make such a road, in imitation of those made by General Wade in Scotland. 5thly. It might likewise be a great advantage and security to ye island to have defensible barracks built in proper stations, at convenient distances, each of them capable to lodge one hundred men at least with their officers commodiously. 6thly. It might be of great service to the regular troops to have their partys attended by some bodys of the Mosquito Indians who are proper to range the woods and give early notice of ambuscades; for want of such rangers many of their former partys have miscarried. These Indians were formerly great friends to the people of Jamaica; they have never own'd the sovereignty of Spain but submitted to that of Great Britain, having usually sent their Kings after their election to be confirmed by the Governors of Jamaica who have formerly employ'd them with great success, to hunt and chastize the runaway negroes. 7thly. And therefore if there should be any misunderstanding subsisting between the people of Jamaica and these Indians, it would be of great consequence to reconcile them to our interests. 8thly. It might not perhaps be adviseable to offer any terms to the negroes, till some advantage obtain'd over them shall have made 'em more humble. But it will be a pretty difficult work to destroy them entirely, for by the most moderate accounts they are at least six hundred men able to bear arms; and if during the continuance of this conflict they should happen to receive any support from the French or Spanish Settlements, with whom it is supposed they have already had some sort of correspondence, and who, in all probability, on the first declaration of war would assist them, the island of Jamaica would be in eminent danger of being lost. So soon therefore as any advantages obtain'd over them shall have render'd the negroes more tractable, why should not terms be made with them? Why should not some remote corner of the island, most distant from the French and Spanish settlements, be allotted them and a general amnesty allow'd for what is past, upon their submitting to H.M. mercy, acknowledging his government, delivering up their arms, promising to live peaceably for the future and not to receive any more fugitive slaves, but to return them to the owners on a reasonable reward, to be agreed on for that purpose? TheSpaniards have practised this method with success through the whole Continent of the West Indies; there is hardly a great town in New Spain that has not a place of refuge of this sort, call'd by them Polankys, and their old runaway negroes thro' process of time are become as good subjects to the King of Spain as any he has in Mexico or Peru. 9thly. And lastly it is humbly submitted considering how little judgement the people of Jamaica have hitherto shewn in the conduct of their affairs, whether they should not be restrain'd from employing the troops in any new expeditions, till they shall have digested a proper scheme for that purpose in conjunction with Mr. Cunningham their Governor and the officers proposed to attend him. In the meantime ye President of the Council may be directed to put ye six Independt. Companys upon their arrival into good quarters of refreshment, disposing them in such manner as to protect their out settlements and to continue upon the defensive till further orders. 10 half pp. [C.O. 137, 47. ff. 250, 250 v., 253–257 v.]
Oct. 31.
Romney in
Cadiz Bay.
362. Lord Muskery to Mr. Popple. I received yours of the 30th of May last, the day before I sayl'd from St. Johns, otherwise should have answer'd it sooner, as to what regards to the trade of Newfoundland, I referrr you to the scheme you will receive with this, as to the strength, a sloop of ten gunns and fifty men, may take any harbour in the land, not excepting Placentia, which is the only fortification in the Island, but that so weakly mann'd, and the fort in so bad a condition, that it can make but little defence; as to St. Johns which is the cheif port of trade in that country, they have not one gunn; before the French destroy'd it last warr, there was a strong fort, mounted with a good number of cannon, likewise a castle, and a strong battery on the south side of the entrance into the harbour, which with the boom made it allmost impracticable to enter the harbour, but all that is demolish'd, and what gunns the French left, were carried to England about thirteen years since, by the ships of warr, then on that station. It is my oppinion therefore that the fort should again be made fitt for service, which I beleive may be done without much charge, as likewise the batteries on the south side, I think that forty cannon, for both would be sufficient, and as the greatest danger the inhabitants apprehend, is from the enemy's coming over to attack them by land in the winter time, it would in my humble oppinion be extreamly necessary that four score or a hundred men with proper officers should be sent for their defence, for in the condition they are now in, twenty men in the winter time, would at their pleasure take them, and of course demolish their boats, stages and plantations, as to the other harbours, they are entirely defenceless nor do I find that they were much fortify'd the last warr, being in no comparison of consequence with St. Johns. Nevertheless a few guns would be proper to be sent to them, with which the inhabitants would I don't doubt defendthemselves. Signed, Muskery. Endorsed, Recd. 2nd Dec., 1734, Read 23rd April, 1735. Addressed. 1½ Enclosed,
362. i. Enclosed, Answers to Heads of Enquiry. I. On my arival in Newfoundland, I call'd together the principal inhabitants of the Island of Newfoundland, and with all due solemnity, caus'd H.M. Commission to be read and publish'd. 2. No felonies has been committed, since the last year. 3, and 4. I have strictly forbid the officers and soldiers, resideing at Placentia, to be any ways concerned in the Fishery, as allso, that not any persons presume to engross any commoditys, tending to the prejudice of the fishery. 5. This article answer'd by transmitting the account of the state of the garrison, by H.M. ship the Gibralter. 6. I have made the strictest enquiry for any new and correct drafts of Newfoundland, but cannot here of any such. 7. I have not found any, carrying on such clandestine trade. 8. Liberty of conscience is permitted to all, except Papist. 9, 10, 11. All offenders against this article, uppon conviction are duely punish'd, and the whole observed, the Ministers complying with their duty. 12, 13. This Article comply'd with. 14. I have endeavour'd to regulate the Fishery, pursuant to the Acts. 15, 16, 17. I have had no complaints of the abuse of the said Act. 18. The Admirals, Vice Admirals and Rear Admirals, decide all those differences when they arise, and do appoint in their several harbours, a proportion of room to the several ships, according to their number of boats. 19, 20, 21. I have had no complaint of any such engrossments. 22. This Article is comply'd with, and the certificates produced to the several Admirals, before they are entitled to make choice of their fishing room. 23. The inhabitants generally have a greater number of green men than the Acts directs. 24, 25, 26. I have had no complaints of the breech of the three articles. 27. The Admirals, being generally tradeing men, have little regard to the Acts, excepting what sutes with interest in any ports but where H.M. ships reside, nor can I learn that any of the Admirals have ever kept, such journals and accounts as the Act directs. 28. Differences ariseing in the fishery are decided first by the Admirals as the Act directs, and an appeal to the Commanders of H.M. ships of warr for a final determination. 29. This Article is observ'd. 30. I have not heard of any aliens or strangers, tradeing to or fishing in Newfoundland. 31. This Article answer'd in the General Scheme of the Fishery. 32. The inhabitants are subsisted with provisions from Great Britain and Ireland, as the country produces no kind; their cows, sheep, swine they receive from H.M. Plantations in America, together with rum, molasses and sugar, bread flour and tobacco to the value, as I am inform'd,of sixteen thousand pounds sterling. 33. The inhabitants are supply'd with those necessarys from Great Britain only. 34. From twenty-five pounds to ten pounds p. man, and are paid in cloathing and other necessarys great part, and the remainder by bills of exchange payable in England. 35. One boat, and fitting for the fishery, costs from one hundred to one hundred and twenty pounds sterling. 36. The inhabitants have no other imployment for their servants than takeing and cureing of fish, and alow to each boat five men, affording their fish, at the same price, as the fishing ships, and by-boat keepers. 37. The inhabitants, after the fishing season is over, imploy themselves in sawing boards and plank, building boats and providing timber for the summer's fishery. 38. The furring trade is carry'd on, the winter season, in Trinity Bay, and to the nortward of Cape Bonavista, and taken last winter, to the value of four hundred pounds, sterling, but don't learn, that they have any traffick with the Indians. 39. The houses of the inhabitants are at proper distances, so as not to obstruct the fishery. 40. The inhabitants claim right to all their improvements wch. have not been posses'd by the fishing ships since the year 1685, and what they do not make use of themselves they sett to hire to the by-boatkeepers and others. 41. Five flakes of one hundred and twenty feet long, are allow'd for a boat's room, and built according to the antient custom, from the shore up into the land, nor a greater extent of front room than formerly allow'd. 42. Uppon the strictest enquiry, I cannot find that any account has been kept, in any of the harbours of Newfoundland, of the room belonging to the fishing ships, before, or since ye year 1685. 43. The fishing ships are victual'd, and provided wth. all necessarys for the fishery from Great Britain. 44. No ships are admitted as Admirals, but such as bring with them a certificate from England of their being duly qualify'd. 45. I have not had any complaint of the Admirals' possesing, any person's, or ship's room. 46. The byboatkeepers make use of room, hired from the inhabitants, and not of ship's room. 47. From Biddiford and Barnstaple, the custom of allowing shares to their ship's company, but all others useing the trade give certain wages; the charge of a ship of one hundred tuns, ten boats and five men, will amount to fifteen hundred pounds sterling. 48, 49. Answer'd in the 7th Head of Enquiry. 50. The commoditys imported from the American Plantations are for the use and consumption of the fishery, and not for exportation, and no other of the enumerated commoditys, the sugar, tobacco, molasses, and a small quantity of rice, not sufficient to carry on an indirect trade. 51. The New Englandmerchants carry on their trade by disposing of their commoditys for fish and bills of exchange, the former if they cannot dispose of, for bills of exchange they ship off to foreign markets, the value of rum, mollasses, tobacco, bread, flour, etc., etc., this year amounts to (as I am inform d) upwards of fifteen thousand pounds sterling. 52. At St. Johns are fourteen taverns or publick houses, and them kep by the inhabitants only, the fishermen are generally trusted on the creditt of their masters, who deduct their debts out of their wages, and many run so fair in debt, so as not being able to pay the same, endeavour to get to New England. 53. I am inform'd it's common for the inhabitants to trust their servants with rum and other stores to the full value, and often more, than their wages. 54. The by-boatmen and inhabitants allow for their and their servants, passages from England to Newfoundland £2 10s. 0d. p. man, and thirty shillings pr. man back to England paid at the end of the year in merchantable fish. 55. The method of trusting the servants is certainly the occasion of many disorders. 50. I cannot learn that the commandrs. of fishing ships leave any number of men behind them. 57. The New England traders do still continue to carry away numbers of fishermen and seamen, in the ports where H.M. ships do not reside, but I can't learn that it's for the interest of the inhabitants to assist or conive at the carrying away such men, since by that very means the wages do yearly advance. 58. I have obliged all the ships belonging and bound to New England in all the ports I have been into, not to carry any men more than their ship's company brought with them, under the penalty of five hundred pounds sterling. 59. I have given particular charge to the said Admirals that the[y] inspect into the curing and husbanding the fish, in their sevl. harbours, and upon enquiry am inform'd that ten hhds. of salt is sufficient to salt one hundred quintals of fish, it's often the wettnes of the season that prevents the well curing and husbanding the fish, not but the fish laying long in the boats and small vessells the summer season generally take damage before it is brought into the harbours, and may be the means of the complaints abroad, as well as persons unskilfull in fish often take that which is not thoroughly cured, nor do I see any way to prevent such abuses unless some proper persons well acquainted with fish shou'd be appointed sworn cullers, to cull all fish sold and delivered. 60, 61, 62. On my arival here I sent H.M. ship Roebuck, the Honble. Captain Crauford Commander, to Portobask, to disposes such French inhabitants, as has not taken the oath to H.M. King George, and to get the best information he could, of the state French fishery, by whom I have the following account. Thatthere are ten famillies must of whom have taken the oaths, being administred to them by Colonel Moody, late Governour of Placentia, they are willing, if it is H.M. pleasure to quit that place, on the first notice, they utterly deny that they have any trade with the French; the[y] are miserably poor and have neither fortification or arms, and as Captain Crauford informs me the coast is so dangerous that it is not safe for any tiling above a sloop, to venture in with the land. 63. I do not find that the officers in the garrison are any ways concern'd in the fishery, or setting out to hire any fishing stages, or letting out the soldiers to fish. 64. I have given all encouragement for the carrying on, and promoting the fishery, as well Freshwater Bay etc. as all other erected to the northward of Cape Bonavesta, as elswhere. 65. Upon the strictest enquiry, I do not find that the Justices of the Peace, have proceeded, otherwise than in vertue of the Commissions, or that they have any way interfer'd with the fishery, I have also strictly charg'd the said Justices and Admirals, in the several harbours, to be very carefull, in the due executing their several offices, pursuant to the powers given them. 66. I have taken care that the several collumns in the scheme, are filled up according to the several accounts I have received, and where any new fisherys has been set up and improv'd, to add a perticular column, and where two or more ports are included, have inserted the several names in the title of the column they are contain'd in. Signed, Muskery. Endorsed as preceding. 52/3 pp.
362. ii. Scheme of Newfoundland Fishery for 1734. Totals:—Number of fishery and sack ships (by harbours), 228 (including 57 from America); burthen, 17,905 tons; men belonging thereto, 3345; passengers, 2227; boats, kept by the ships, by boatmen and inhabitants, 1179; by boatmen, 2575; Quintals of fish made, 314,545; carried to foreign markets 297,650 and 546 tierces of salmon; train oil made, 1781 tons; prices, fish per quintal, 12s. to 10s., salmon per tierce, 2s. 6d. to 2s.: train oil per tun, £12 to £8 15s.; value of seal oil made, £1310, of furs, £400; number of stages, 468; of train fats, 303; inhabitants, keeping private houses, 313, keeping taverns etc. 47; acres of land improved, 323; number of inhabitants, 3782, of which 3454 remained in the country last winter. Births, since departure of last convoy, 85; deaths, 46. Signed, Muskery. Endorsed as covering letter. 4 pp
362. iii. Account of Ordnance and stores remaining at Placentia, 6th Aug., 1734. Same endorsement. 8½. [C.O. 194, 9. ff. 253, 253 v., 257–259 v., 260 v., 261 v.–263, 264 v.–269, 270 v.]