America and West Indies: March 1735

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: March 1735', Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953), pp. 386-402. British History Online [accessed 23 June 2024].

. "America and West Indies: March 1735", in Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953) 386-402. British History Online, accessed June 23, 2024,

. "America and West Indies: March 1735", Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953). 386-402. British History Online. Web. 23 June 2024,

March 1735

March 3.
488. Mr. Wilks to—Conraud. Is informed that an order has been obtained from the Court of Spain for restitution for 4 English vessels laden with salt and taken by Spanish of men of war near Tortuga in Feb. 1733/4. As Agent for New England owners of two of said vessels, asks for said order. Signed, Fra. Wilks. Subscribed, Receipt for said order, March 11th. Signed, Fra. Wilks. 1 p. [C.O. 318, 3. No. 48.]
March 6.
489. Order of Committee of Privy Council for Plantation Affairs. Referring following to the Council of Trade and Plantations, who are to consider the same, and examine what right the Crown of Great Britain may have to the island of Sta. Cruz, and make report thereof to this Committee, together with what they shall conceive proper for H.M. to doe therein. Signed, Ja. Vernon. Endorsed, Recd. 12th, Read 27th March, 1735. 1 p. Enclosed,
489. i. Lord Harrington to the Earl of Wilmington, Lord President of the Council. Whitehall. 22nd Nov., 1734. The King having been informed that the Island of Sta. Cruz in America has been sold by the French to the Danish West India Company (v. 20th Nov., 1734), and that a contract has been made and concluded for the sale thereof, in pursuance of which contract the Danes have sent a ship to the said Island to take possession of it, and to plant a Colony there, H.M. has thereupon ordered me to acquaint your Lordship with this matter as being proper to be laid before His Privy Councill, that H.M. may upon consideration thereof give such orders in this case as shall appear necessary. Signed, Harrington. Copy. ¾ p. [C.O. 152, 21. ff. 15, 16. 23 v.]
March 6.
490. Order of Committee of Council for Plantation Affairs. Referring to the Council of Trade and Plantations, for their opinion upon, the report of Governor Fitzwilliam upon the repairs and new works necessary at Fort Nassau, with plans andestimate, and also an account of stores and stores needed etc. Signed, Ja. Vernon. Endorsed, Recd. 7th March, Read 10th July, 1735. ¾ p. Enclosed,
490. i. Pencil sketch of the hill behind the town of Nassau on the Island of New Providence, showing the church, Governor's house, and Fort Nassau etc. 2 large folded pp. [C.O. 23, 3. ff. 105, 106, 107, 108 v.]
March 6. 491. Mr. Fane to the Council of Trade and Plantations. In obedience to your Lordshipps' commands signified to me by Mr. Popple's letter of the 11th of Feby. inclosing a copy of the Pensilvania Charter and desiring my opinion in point of law whether H.M. repeal of a Pensilvania Law by order of Councell only may not be deemed an effectual repeal within the meaning of the said Charter. I have perused the said Charter and am humbly of opinion that no repeal of any law of this Province will be valid unless it is declared to be void under the Privy Seal, that method being expressly directed by the Charter. I have also considered the Act for confirming the repeal of divers laws of this Province, to which I have no objection. It being intended only to aid the informality of the repeal of severall laws under the Council Seal when it should have been under the Privy Seal. Signed, Fran. Fane. Endorsed, Recd. 7th March, Read 3rd Dec., 1735. 1 p. [C.O. 5, 1268. ff. 177, 178 v.]
March 6.
492. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd. 12th March, Read 24th July, 1735. ¾ p. Enclosed,
492. i. Petition of the Council and Assembly of Montserrat. Humbly beg leave to lay before H. M. the poor and defenceless condition of the Island etc. Most of the cannon was made useless when the island was plundered in 1712, "and we were not so happy to be considered after our great losses as Nevis and St. Christophers" etc. Most of the poorer inhabitants are still and are likely to continue unable to purchase small arms for themselves. Pray H. M. to order cannon, small arms and stores of war for the service of the island etc. 14 signatures. Endorsed, Recd. 12th March, Read 24th July, 1735. 1 p. Enclosed,
492. ii. List of stores required for Montserrat. 42 cannon from 6 to 24 lbs., 500 small arms etc. ⅓ p. [C.O. 152, 21. ff. 79, 80, 81 v.]
March 7.
493. Order of Committee of Council. Council of Trade and Plantations are to prepare an additional Instruction to the Governor of Virginia to move the Council and Assembly to renew the exemptions granted the Lutheran Congregation in 1720 for 10 years longer etc. Signed, Ja. Vernon. Endorsed, Recd. 12th, Read 14th March, 173 ½. 1¼ pp. [C.O. 5, 1323. ff. 118, 118 v., 125 v.]
March 7.
Georgia Office.
494. Benjamin Martyn to the Council of Trade and Plantations. The Trustees have perused the Representation from the Assembly of South Carolina etc. Continue:—[They] are of opinion that the only method for the security thereof is the settling Colonies from the sea along the Alatamaha and Ocony rivers, and from thence under the Apatian mountains to the Ogeeche and Savanah rivers at proper distances from each other, and opening roads, and settling communications both by land and by water; which will not only secure South Carolina on that side, but likewise cover many millions of acres, and give encouragement to numbers of people to settle on the same; by which there will be an increasing strength for defence of the said countries; and they beg leave further to observe to your Lordships, that such a chain of settlements will require at least eight hundred white men with their families; and this with the settlements already made and improving in Georgia, they think will be the most effectual means of securing and preserving Carolina on that side, from whence they apprehend most danger in case of a war. But for what may be necessary for securing the said Province on the Northern frontiers and the sea coast, the Trustees submit that to your Lordships. Signed, Benj. Martyn. Endorsed, Recd. 11th March, Read 19th Sept., 1735. 2 pp. [C.O. 5, 364. ff. 253, 253 v., 254 v.; and 5, 666. f. 44 v.]
March 8.
495. Mr. Coope to Mr. Popple. In reply to 5th March, has not received any instructions from the Governor in reply to his representation on the variation in the new powder act of St. Kitts. Suggests that it be suffered to continue until the former act can be revived. The reason assigned for the change to payment of half the duty in money is that powder will not keep in those parts etc. Signed, Ri. Coope. Endorsed, Recd. 10th, Read 14th March, 1734/5. 1 p. [C.O. 152, 21. ff. 10, 13 v.]
March 8. 496. Mr. Furze and Mr. Yonge to the Council of Trade and Plantations. In reply to 6th March, as to defence of S. Carolina, describe frontiers, with French and Spanish settlements on South and South West, and refer to the memorial for the Province. Continue:—If the Colony of Georgia, now become a frontier to Carolina, could be enabled to secure themselves (even with the assistance that may be afforded them by Carolina), a very great stop may be put to the designs, or efforts of the beforesaid Powers, who seem to be preparing (especially the French) for such an invasion, having on the Missisippy and their other settlements, not less than 2000 regular forces and 500 horse, which they call Couriers du Bois, or Woodrangers, with good officers, besides vast bodies of Indians, which may with ease fall into Carolina by land: To oppose whom (if the whole Militia could be raised) they would not amount to 3000 fighting men, who must be taken from their plantations, or occupations as tradesmen and handicrafts, the consequence of which must be, though their success should be ever so happy, very ruinous to the Province, for their being under arms one year would be the loss of a cropp, which may be estimated at 60,000 barrels of rice, which sold at a foreign market are worth at least £70,000 sterling, besides pitch, tarr, turpentine etc. They could not load any ships nor pay any debts due to the British merchants; they would have all their stocks of cattle, of which they have many thousands in the woods, destroyed, which would serve in this case to subsist the enemy in their march to Charles Town, where there is not so much as a palisado ditch or wall to resist them; but the strongest temptation is etc. a booty of 24,000 negroes, who would in all probability on a promise of their freedom joyn them, and help to destroy their masters, which negroes being valued at but £20 sterling a head is £500,000, so that the gain of such an expedition if they only plundered the Province, would amount to near a million sterling. But if they could become masters of the Province, it would be hard to say of what ill consequence it might be to the Northern Plantations, etc. This may serve to shew the necessity of securing these Southern and Frontier settlements etc. Propose that (1) the new Colony of Georgia should by all manner of ways possible be strengthened, and encouraged (as we are informed they propose to do) to erect forts in proper places from the Appalachian mountains to the sea, on the rivers Allatamaha and Oconey, and from thence to the Ogeeche and Savanah rivers, with roads of communication etc., which if effected will secure South Carolina, and all the Northern Plantations to the landward, especially as the Province of Carolina has had the good fortune to make a settlement of Swiss Protestants on the north side of the river Savanah, where there is now some hundreds, and if not disturbed may in time be a great access of power to the Province etc. But as the charge of bringing over, subsisting, and setling the said Swiss have been mostly born by the Province, who have expended more than the whole duty on the imports of negroes and other merchandize amounts to, which has rendered it impossible for them to put the fortifications of Charles Town in a proper situation to resist a formidable enemy, much less to fortify and put in a proper posture of defence the harbour of Port Royal, much the best harbour in that part of America, it is humbly hoped that H.M. will be graciously pleased to enable the Province to fortify that harbour, and to erect buoys and beacons in such a manner as to render it useful to H.M. shipping, and safe for the reception of his stores: that H.M. will be further pleased to give directions for repairing the fortifications of Charles Town, and to order such other stores and military instruments for the defence thereof, and to facilitate the mounting the ordnance already sent there, and arming the Militia of the country, if occasion should require. A very great sum of money has been already laid out by the Assembly for that service; but much more will be wanting and cannot be raised without H.M. assistance etc. Submit whether a proper officer should not be sent over, to inspect and direct the doing thereof etc. Signed, Perege. Furye, Fra. Yonge. Endorsed,Recd. 11th March, Read 19th Sept., 1735. 3 pp. [C.O. 5, 364. ff. 255–256 v.]
March 9.
497. John Penn to the Duke of Newcastle. The favourable reception your Grace has always been pleased to give me, when I have taken the liberty to wait upon you, with the distance I am now from England, makes me presume to take this great liberty, which I hope your Grace's goodness will excuse, and give me leave to represent a difference which has long subsisted between my Lord Baltemore's ancesters, and my family, with relation to the boundarys of the Provinces of Maryland, Pensilvania, and a tract of land call'd the Three Lower Countys of Newcastle, Kent, and Sussex on Delaware, which were granted by the Duke of York to my father. This dispute my Lord Duke began, soon after the Charter granted by H.M. King Charles the Second, to my father for Pensilvania, on which there has been severall hearings in Council, wherein we have had our title to these lands confirm'd. But my Lord Baltemore's ancestors not allowing those decisions to be valid, still claim'd the land as within the description of his patent, but to end all our differences his Lordship proposed, our entering into a friendly conference, to come to an agreemt., this we accepted, and heard my Lord's proposalls, which after severall meetings and near a year's consultation, we agree'd to without any alteration whatever, and sign'd an agreement accordingly by which his Lordship grants us all his right and title to these Countys, notwithstanding he knew part of them were indisputable within the description of his grant. This being our case, and having taken the best advice that these articles will be always binding on my Lord, it was with some surprise I recd, a few days ago, advice of his having presented a petition to H.M., praying a Charter for those very lands, for which a valuable consideration was given him, by us in the agreement, a coppy of which I have taken the liberty to inclose, and as your Grace's many great affairs, may not allow time to read the whole, I beg leave to referr to the tenth Article. On which I humbly submitt it to your Grace's consideration, whether my Lord can have any claim to these lands; they never having been under his jurisdiction, but from the date of his Lordship's patent, have been in the possession, first of the Governmt. of New York under the Dutch, and after that place was taken by the English, continued under King Charles the Second, and the Duke of York, (as grantee of New York) till convey'd to my father, who att a great expence, has much improved them, and has had constant possession ever since, being above fifty years; I hope, my Lord Duke, when these facts come before H.M. most honourable Privy Council, we shall have time allow'd to prosecute our claim in a Court of Equity, before any grant passes to my Lord Baltemore. I heartily ask pardon for the freedom I have taken in this long letter, which I hope for, from your Grace's know[n] good nature, and the necessity I am under att this distance to represent my case. I am with the greatest regard, your Grace's much obligedand sincere Friend. Signed, John Penn. Holograph. 2 pp. [C.O. 5, 1234. No. 14.]
March 11.
New Providence.
498. Governor Fitzwilliam to Duke of Newcastle. I had the honour to inform your Grace in September last of a designed insurrection among our slaves, and of the number of them that were connected on that score, as also of the great mortality among the inhabitants, of whom there are dead at least one-third of those that were capable of carrying arms, so that we are at present able to make but little defence against whatever enemy may think proper attack us; therefore I humbly hope your Grace will be so good, as to take the affairs of this distress'd Government under your more immediate consideration, and think of some means whereby to increase our numbers, which in my humble opinion cannot any way be done so well, as by encouraging some of those Palatines that daily flock into England, to come and settle here, etc. I have lately prorogued the Assembly of these Islands to Nov. next, etc. Transmits Journals of Council and Assembly and acts passed during the late session, with his reasons for assenting to them etc. Signed, Rd. Fitzwilliam. Endorsed, R. 16th Sept. 2 pp. Enclosed,
498. i. Ordinance by Governor Council and Assembly of the Bahama Islands to impower the Governor and Council to make an agreement with any person for a dwelling house for the Governor for the time being. 13th Dec., 1734. Parchment. 1 p.
498. ii. Minutes of Council of the Bahama Islands. 17th July, 1734–Jan. 4th, 1734/5. Copy. 38 pp. [C.O. 23, 14. ff. 237–239 v., 240 v.–268 v.]
March 11.
New Providence.
499. Governor Fitzwilliam to the Council of Trade and Plantations. Begins as preceding. Continues:—I have since then at the request of the Assembly prorogued them to November next and I have herewith transmitted copys of the Journals both of the Council and Assembly, as also of the laws that were pass'd during the Session, the titles whereof are here inclosed with the proper observations thereon, and the motives that induced me to give my assent, which laws I hope your Lordships will find as nearly conformable to my Instructions, as can be expected from a man in a country where the generality of the people are so very ignorant, obstinate and spirited up to sedition as they are here, and I doubt not but your Lordships will judge favourably of me in any point wherein I may have err'd, which I hope you'l believe can be no other than in judgment, because it will appear I have neither demanded or got one single shilling from the people since my arrival among them, and that my sole endeavours have been to reduce them to some form of government, whereto they have not only been utter strangers but entirely aversed; whereof I presume your Lordships will be convinced, when I tell you that every book and paper relating to the former transactions of the Government and the laws were secreted before my arrival, and that many people do not stick at saying publickly, that this island has been ruined ever since the morooning gentlemen (as they term the Pirates) were banished from the place. Your Lordships may perhaps, at first view of the Revenue law, think I have transgressed in suffering a duty to be laid upon negroes imported, but I humbly conceive what I have done to be no more than suffering a thing to continue upon the same footing it has been for some years past, as you will please to observe by the former duty bill which lyes before you, besides the Assembly were so obstinately bent upon continuing this duty, tho' so trifling, as not to have raised near five pounds pr. annum one year with another since it was first laid, that I could not get this bill without it, which with a few amendments that the Assembly may some other time be prevail'd on to make, in every other respect I hope will be deem'd well calculated for H. M. interest, and raise a revenue sufficient to support the Government, if ever it should please God to permit this settlement to flourish, of which I cannot say there is any great prospect at present, having as I said before, lost so many of the inhabitants by the contagion, and so little appearance of anything being done at home to replenish our numbers by sending over a few Palatines, or compleating the affair of the purchase of these islands from the Proprietors, which if done will certainly encourage people to come and take up land here. I have herewith sent your Lordships the Treasurer's accounts of our revenue to Christmas last, by the smalness whereof your Lordships will necessarily observe the very great streights and difficultys I lye under to defray the little contingent charges of the Government, and notwithstanding our frugality on all occasions, and that the allowances to the officers are so small that we can scarce get any to serve us, yet we are more in debt on that account than will be rais'd by this new bill for some time. Your Lordships will also herewith receive as perfect a list of the number of our inhabitants as I can get, but as to an account of the strength of our neighbours, which is requir'd of me by my 78th Instruction, I cannot give you any, there having been no vessel from the French settlements in this Government since my arrival, nor above one or two from Cuba, but I have daily information that the Spaniards continue to take our vessels in the Windward Passage and carry them into the Havana. I acquainted your Lordships in my last that I had sworn into the Council William Hale and John Thompson Esqrs. in the room of Acklom Hurst deceased, and Chaloner Jackson, who desired to be excused any longer attending the Board. Signed, Rd. Fitzwilliam. Endorsed, Recd. 16th, Read 30th July, 1735. 2 pp. [C.O. 23, 3. ff. 118, 118 v., 121 v., and (abstract) 119, 119 v.]
March 11.
500. Same to Mr. Popple. Refers to enclosures, which he hopes will be pleasing to him as well as to the Board, "for I do assure you that true pains have not been wanting on my side, to discharge my duty in every respect, however I may at any time have mistook the method. I have had the honr to have writ several letters to the Board since my arrival here, but have not recd, one single line from your office, which I mention to you only, that you may know, that if you have sent me any letters or orders, they have miscarried, as indeed many letters I have writ to, and have been wrote to me from England, have. I hope I need not tell you that any private commands you may have for me here, will allways be acceptable to your very humble servant." P.S.—I hope you will excuse my puting a letter for Sr. Charles Wager, and one for your brother in ye box with ye acts, and that you will send them to their houses. Signed, Rd. Fitzwilliam. Endorsed, Recd. 16th, Read 30th July, 1735. Holograph. 1½ pp. Enclosed,
500. i. List of Acts of the Bahama Islands passed at an Assembly begun 20th Aug., 1734, with Governor Fitzwilliam's observations thereupon. (i) Act for the governing of negroes. This act had its rise by a bill in the lower House upon a combination which was discovered among the negroes etc., and enacts no more than what is agreeable to the laws of our neighbouring colonies in the method of trying and punishing these savages, (ii) for levying divers sums of money for the payment of officers' salaries, defraying the expence of holding Assemblies, and other contingent charges of the Government. This law continues some duties imposed by an Act for levying divers sums, which passed in the Government of Mr. Rogers, but was so defective with regard to the powers of executing the same, and the duties were thereby so imprudently and unequally laid, that but a very small part thereof could ever be collected, people having found so many methods of evading the payment thereof as occasioned continual disputes and contests between the Treasurer and the inhabitants. This act lays duties also upon salt, plank and timber whereon there were none before; all which duties, 'tis apprehended, will not prove at present sufficient to answer the purposes intended thereby, vizt. the defraying the contingencies of the Government, or make good the deficiencies already incurr'd on that account, (iii) for naturalization. This act began in the lower House in order to encourage a few industrious foreign Protestants, who have been some time upon this island, to continue here, and others to come and join them, who are at present very much wanting etc. (iv) An ordinance by the Governor, Council and Assembly, to impower the Governor and Council to make an agreement with any person or persons for a convenient dwelling-house for the Governor for the time being. This ordinance had likewise its rise in the lower House etc. (v) An act for the erecting these islands into one parish, appointing a vestry, repairing the church, for the maintenance of orphan children and registring births marriages and burials. This is a new law and the first of the kindthat ever was pass'd in these islands, and the inducements for enacting the same appear so strongly in the title, that 'tis not thought necessary to give any other reason for assenting thereto etc. (vi) Act for repairing the highways, and clearing the streets and lots in the town of Nassau. This is deem'd a very useful act, and generall approved, and was first begun in the lower House: it impowers the Governor to appoint surveyors, and directs them in the manner of their duty. There was a law of this kind pass'd during Mr. Rogers's Government, but secreted with the other acts etc. (vii) To prevent the stealing salt, planks, timber etc., as also hogs and goats put upon small keys and islands within this government to breed, and robbing tortoise crawls. This law had its rise in the Council, (viii) To prevent exactions of venders of fresh meat and retailers of strong liquors. (ix) To prevent abuses by false weights and measures. Endorsed, Recd. 16th July, 1735. 2½pp.
500. ii. Account of H.M. revenue arising in the Bahama Islands, 25th Dec., 1733 to 24th June, 1734. Cash and tonnage and duty on liquor paid by 20 vessels=£65 2s. 5d. in currency which is 50 p.c. advance upon sterling. Expenditure, for bunting etc. for a flag for the fort, £23 0s. 6d. For books, paper and stationery ware for the Council's Secretary's office and Assembly and Treasury, £56 5s. 0d. Treasurer's Commission, £3 11s. 10d.=Total, £82 17s. 4d. Signed and sworn to by, William Stewart, Treasurer. l½ large pp.
500. iii. Account of same 24th June—25th Dec, 1734. Tonnage and liquor duty paid by 17 vessels, £57 1s. 3d., and cash received from John Colebrooke "being money he gott clandestinely into his hands which arose from the sale of sundry lots of land in Nassau sold by order of the Court of Claims," £87 6s. 9d. Expenditure, £144 14s., including half-year's salaries of officers, minister etc. and £11 12s. repairs of the church. Signed and sworn to, by William Stewart, Treasurer. Endorsed, Recd. July 16th, 1735. 1¾ large pp.
500. iv. List of inhabitants of the Bahama Islands, Dec. 25, 1934. Names given. Totals:—On New Providence, whites, 461; mulattoes, free, 77; slaves, 443. On Islathera, whites, 198; slaves, 38. On Harbour Island, whites, 151, slaves, 10=whites, 810; slaves, 491; mulattoes, 77. Same pp. Endorsement. 9½ pp. [C.O. 23, 3. ff. 122–124 v., 125 v.–132 v.]
March 11. 501. Resolution of the House of Commons. That an humble address be presented to H.M. that a copy of the memorial and representation of the state of S. Carolina from the Governor, Council and Assembly, 9th April, 1734, be laid before the House etc. Signed, N. Hardinge, CI. Dom. Com. Endorsed, Recd., Read 12th March, 1734/5. ¾p. [C.O. 5, 364. ff. 19, 20 v.]
1735. March
502. Mr. Fane to the Council of Trade and Plantations. Has no objection to 5 acts of St. Kitts, 1732, enumerated. Signed, Fran. Fane. Endorsed, Recd. 12th March, Read 27th Feb., 1734/5. 1 p. [C.O. 152, 21. ff. 4, 5 v.]
March 14.
503. Council of Trade and Plantations to Lt. Committee of Privy Council. In pursuance of Order of 7th inst. enclose following. Annexed,
503. i. Draught of H.M. Additional Instruction to Governor the Earl of Orkney, directing him to move the Council and Assembly to renew the act of Virginia, 1720, for erecting two new counties etc., so far only as to exempt the German Lutheran congregation settled in the Prince of Orange's County from paying any parochial dues or charges to the parishes of St. George's and St. Andrew's for the space of ten years, if they shall so long continue to maintain a Minister of their own. [C.O. 5, 1366. pp. 123–125.]
[March 15.] 504. Capt. Cotterell to the Council of Trade and Plantations. Reply to Heads of Enquiry relating to the Fishery and Trade of Canso in Nova Scotia and parts adjacent, (v. April 23, 1734.) Fishery on the Island of Cape Britton. There are severall sloops and schooners belonging to the town of Louisbourge, which make their fish there, and now 20 ships in ye harbour that are to carry the fish to markett, there are according to ye best computation, belonging to neighbouring harbours on ye same island 200 sloops and schooners, and 15 ships at present to carry of the fish, there has been double the number the seasons heretofore. There are 700 shallops that fish on ye island. As to the Irish papists employed in the troops or fishery, I saw none and have been informed there are but few. Upon taking a view and notice of the fort and the severall batteries, I found them to be thus. Vizt. that faceing the entrance of ye harbour called batterie royall, a very fine one wth. barracks for your companys, and two small towers at the back of it, each tower casmetted on ye top, and six four pounders mounted thereupon, on the battery are 44 . . 52 pounders. At the fort battery wch. is the west end of the harbour are 18 . . 24 pounders. At the Dauphin's Battery which is at ye town gate and is at the westermost end, also are 24 . . 36 pounders. At the Queen's Battery at the S.E. end are 24 . . 36 pounders. On the island close on ye larboard side comeing in to ye harbour is a battery as also a good strong barrack of lime and stone for a compy. where they mount a guard, there are mounted 30 . . 36 pounders. The number of forces that at present belong to ye French at ye garrison of Louisbourge are 8 French companys, each consisting of a Captn., Lieut. and 2 ensns., 2 serjts., 2 corpls., 1 drum and 60 private men, there is also one company of Swiss consisting of a Captn., Lieut, and ensn., 3 serjts., 3 corplls., 2 drums and 100 private men. There are of the abovesaid French forces detached to French settlements vizt. to Port Toulouse, a Captn., ensn. and 25 men. To the Port St. Pierre's on the Island of St. Johns in Bay of Vert a Lieutenant and 25 private men. Fishery at Canso. (i) The inhabitants are possessed of stages, flake yards and houses, which they hold by virtue of grants made to them by the Governor or Commander in Chief of the province, with the advice of H.M. Council, which grants are to them, their heirs and assigns for ever, paying a certain quit rent yearly. Some two of fish and some two fowls to the Govr. in Chief of the Province, (ii) At the removal of the fishery, they leave their fatts etc. under the care of some one of the inhabitants that winter in the place to avoid any accidents. (iii) The fishery is chiefly carried on by H.M. subjects from New England, some from New York also, and from Annapolis Royal, the metropolis of Nova Scotia, with some few from the west of England. (iv) This fishery is supplied with cordage, canvas, lines, nets and tackle, woollen, linnen etc. from Great Britain originally (that is to say) the produce of the fish is remitted to England, from Spain and Portugal, and from thence stores of all sorts are sent in returns to New England etc. where the fishery fit out for the voyages. (v) The wages paid the fishermen is in their voyage, of which it is customary that the whole crew has a proportion and share, and are paid in bills or what else the fish is sold for. (vi) The charge of building a vessel for this fishery and fitting her to sea with stores etc. is from £200 to £300 sterling, according to the dimentions of the vessel and the number of hands, (vii) The number of inhabitants settled near the fishery are but few, what share they have in the fishery, and how they employ themselves the remainder of the year, I know not, they going to their homes, (viii) The inhabitants who stay the winter have all of them houses on the hill of Canso, where no fish is made, the flakes etc. being all round the waterside upon the other parts of the harbour, where the fishermen, shoarmen, and their owners etc. have houses amongst their flakes, for themselves and shore hands who cure the fish, (ix) As to the number of flakes, when any person has purchased an old, or has granted to him a new plat of ground, he doubtless makes as many flakes as are convenient for his own fishery, some having only a single sloop or schooner, that catches from 4 to 500 quintels, others have six, seven, eight, twelve or more, who are obliged to make themselves flakes etc. in proportion, which flakes are not built as in Newfoundland, being slighter, by reason after the season they return to their homes and repair them in the spring again, (x) The ships from G.B. are all victualled from England as are also a great part of the fishery, or else supplied by the store ship that victuals the troops, she being to load fish on her return home, always bringing a cargo of bread, butter, beef, pork, and canvas, cordage, linnens, pewter, brass and iron ware, etc. which is sold to purchase her loading of fish, (xi) The fishery is not carried on with ships and boats, but with schooners and sloops from 20 to 60 tuns, and the seamen are always upon shares, (xii) Taverns there are five or six in Canso, four of which are kept by the four serjeants of the companies, who trust only those they are allowed by the masters etc. (xiii) The masters always find their servants in drink at their work, and pay them in what they like, (xiv) The New England men carry back only their own crews, being very few English fishermen in this fishery, (xv) The complaint of the Consuls etc. from Portugal and Spain is not so much occasioned by any neglect or want of due care in the fishery as in the merchants, who usually freight ships upon charter party from the ports of England, Portugal and Spain, who are obliged to tarry a certain number of days only, which occasions the fish many times being shipt off sooner than would be otherwise if the ships would unanimously agree to tarry till a certain time later, when their fish would be more wrought and better cured, (xvi) The fish is taken upon several banks betwixt the coast of New England and Newfoundland, and is salted at sea, according to the seasons of the year, sometimes eight hogsheads of salt to the 100 quintels, and more or less as the season requires, (xvii) There is all proper care taken to avoid any abuses in the curing etc., the greatest inconvenience being as above in answer.
As relating to ye officers trading, I spoke to Captn. Aldrige, the commanding officer, and he reply'd to me, that he did not know that any Captn. of a ship of warr had any business with the officers there, if at home they had suspition of their trading why did not their commanding officers send them orders as they thought proper on that occasion. These answers to your instructions are the best informations I could get, there being there was no fishery this year at Canso. Signed, Cha. Cotterell. Endorsed, Recd. 15th March, Read 23rd April, 1735. 3 pp. Enclosed,
504. i. Copy of Heads of Enquiry, April 23, 1734, q.v. [C.O. 217, 7. ff. 100–105, 107, 107 v., 110 v.]
March 18.
505. Duke of Newcastle to Lt. Governor Gooch. My Lord Fairfax being gone to Virginia to settle the boundaries (pursuant to H.M. order in Council which his Lordship has obtained for that purpose) of several tracts of land there, which were granted to his ancestors by King Charles the Second and King James the Second, to the inheritance of which his Ldp. is now entitled, I must desire you will do him what service you can therein by preventing as much as may be any unnecessary dificultys or delays in the dispatch of his business, and by assisting him with your good offices, whenever his Ldp. shall have occasion for them. Signed, Holles Newcastle. ¾ p. [C.O. 5, 1337. f. 173.]
March 20. 506. Council of Trade and Plantations to the King. Recommend for H.M. approbation Act of Jamaica, 1733, to entitle John Goulding Senr. of the parish of Vere, Planter, and his family, to the rights and priviledges of Englishmen born of white ancestors, Mr. Fane having no objection thereto in point of law, and no complaint having been made against to us against the same for 18 months past, during which time it has lain in the Office etc. [C.O. 138, 18. p. 14.]
March 21.
507. Council of Trade and Plantations to the King. An act was passed in St. Xtophers continuing the duties of gun-powder and small arms upon the tonnage of vessels trading to and with this island. We have consulted Mr. Fane etc., who has no objection to it in point of law; but we beg leave to observe to your Majesty, that in this act there is a proviso that one half of the gunpowder so imposed upon shipping shall not be paid in specie, but in money, at the rate of two shillings per pound, and it is also enacted that it may be lawful for any person to pay the sum of thirty shillings in lieu of any firelock to be paid and delivered by virtue of this act. We conceive that these provisions for commuting gunpowder and arms for mony are inconsistent with the design of the act in the imposition of those duties, which were intended for the support of the magazines and the defence of the island. We beg leave also to take notice that this act is passed in derogation of the 17th Article of your Majesty's Instructions to your Governor of the Leeward Islands, by which he is directed to take care that no clause or clauses be inserted in, or annexed to any act which shall be foreign to what the title of such respective act imports; whereas the present act, whose title imports the continuation of the former duties of gunpowder and small arms, changes part of them into an impost of mony, and it is likewise contrary to the 23rd Article of the sd. Govr's. Instructions, by which he is directed not to pass any law for laying duties upon British shipping, or by which the trade or navigation of this Kingdom may be any ways affected, for which reasons we humbly take leave to lay the said act before your Majesty for your disallowance. [C.O. 153, 15. pp. 295, 296.]
March 22.
St. Christophers.
508. Governor Mathew to the Duke of Newcastle. The Spaniards from Puerto Rico have begun an open warr with H.M. subjects in these islands, with the advantage of carrying off all they meet from close under the shore of St. Christophers, nor are our homeward bound ships out of danger, tho' I have once already, and now again have fitted out a sloop of my own, and at my own expence, to open for them if possible a free navigation. We have not one of H.M. ships of war at present in the Government that I know of. I applyed indeed on the first account we had of these piracys to the Capt. of H.M.S. Pearl, and desired he would pursue the pirate, or at least retake his prizes, but he told me his Commadore had forbid him going to leeward of this Island, or if he saw the Spaniards had he any orders to meddle with him, so fill'd his water and is gone I beleive to Barbados. Refers to enclosures. Concludes:—The people here distract me with their complaints, and only pray for H.M. leave to do themselves justice. Signed, William Mathew. Endorsed, R. June 4th. Holograph. 2 pp. Enclosed,
508. i. Deposition of Capt. Thomas Gordon. March 1st, 1735. Abstract:—At St. Eustatia, where his ship now lies, an English sloop, Lewis Souir, master, came in and reported that she had been chased by a large Spanish privateer, 18 guns, 120 men, Spaniards and negros, on Feb. 27, off Saba, and fired many shot at her. From Souir's description of two sloops the privateer had with her, deponant thinks one of them was commanded by one Gilbert, bound from St. Eustatia for Bermuda, and the other by one Smith of Rhode Island, bound for St. Eustatia for St. Martin's, both which sloops the said privateer had taken just afore. The inhabitants of Saba fired several small shot at the privateer, to protect Souir after he had run ashore there, which he returned with a broad side. Signed, Tho. Gordon.
508. ii. Deposition of Lewis Souir, master of the sloop Joanna of Spanish Town. March 3, 1735. To same effect as preceding.
508. iii. Petition of merchants and commanders of ships inhabiting and trading to St. Christophers to Governor Mathew. A Spanish pirate fitted out and belonging to the Governor of Porto Rico has lately taken several English sloops. Prisoners whom they have landed declare they intend shortly to cut the ships out of the Road of this island. H.M. ships of war stationed for this island, and designed to protect the trade thereof, particularly the Pearl, commanded by Capt. Toller, have hitherto been very backward in answering these ends etc. Pray H.E. to consider methods for protecting them etc. 40 signatures.
508. iv. William Wells to Governor Mathew. March 20, 1735. I am encouraged from your Excellency's tender regard to trade, of which you have so lately given us a specimen, to lay before you the case of a snow, which if not protected by your own sloop clear of the islands, must inevitably become a prey to the Spanish sloop, who having left at Porto Rico the several sloops she had before taken, is returned among the islands, and by a certain account from St. Eustatia chased a scooner on the 18th instant allmost into that Road. Signed, Wm. Wells.
508. v. Deposition of Joseph Smith, late master of the sloop Endeavour of Rhode Island. March 22, 1735. Describes his capture by the Spanish pirate, (v. encl. i.) Deponent's lading was beef, fish, candles, soap, staves, and he had passengers for St. Martin's. Deponent and all were stripped of their clothes, and given an old ragged shirt. Deponent had on board 300 pieces of eight, Joseph Riddle, master of a snow at St. Eustatia, about 60 pistoles. The pirate ordered the men he sent on board the sloop to wait for him north of Saba, and was making his way to come round the point of St. Eustatia to cut out the King George, an English ship at anchor, and a Dutch ship. But they then saw a ship to leeward, which they bore away after and surprised about twelve at night. She proved to be a Bermuda sloop, laden with salt and bound thither, also a large quantity of dry goods and two passengers. The pirate beat the master with his cutlace and all were stripped to nakedness. Confirms Nos. i. and ii. The pirate then came round with both his prizes to the south side of Saba, and there found at anchor an English sloop, one Simmonds master, and fired three great shot at her, then hoisted out his canoe with about thirty of his men to cut her out. But the inhabitants came down so thick with their small arms that they would not venture in. He then went himself on board the two prizes and fell to plundering etc. About sunsett the pirate bore away for Sta. Cruz and at twelve at night met with a sloop belonging to Anquilla, one Adams commander, bound thither from Sta. Cruz laden with timber, him he took etc. and reached Sta. Cruz Feb. 28. When the Anquilla prize came up with him, the pirate hoisted out his canoe, put twenty-five of his men in her, armed with musquetoons, musquets, and four or five Indians with their bows and arrows, then taking his cutlace, he ordered Adams to come to him and threatning told him, that if he would pilot him into Sta. Cruz 'twas well, if not, he would kill him, etc. Adam then shedd tears, and went on board his own vessel, and ledd the way into the harbour called the Limetrees, where they found at anchor and took a sloop belonging to Antigua, that had part of her lading of timber on board, a sloop commanded by one McDonnagh of Anquilla, being also at anchor there. He then cut his cable and ran his own sloop on shore, and escaped them. They cut very much (as deponent was told) with their cutlaces the master of this Antigua sloop. They then proceeded with their four prizes to another bay on Sta. Cruz. There they found lading with timber a sloop of this island belonging to Sir Charles Payne, John Warner master, which they allso took. The pirate then with four of his prizes (for he had sent away deponent's sloop to Porto Rico) came to at the west end of Sta. Cruz and put 22 of his English prisoners ashore, on that desert part of the island, thirty miles from any habitation, naked, and for all provisions about 10 pound of cassava bread and about 6 pound of stinking fish, but no water, and then left them. Deponent further says that the 19th instant, one of his own men, one belonging to the Bermudian and a third arived at Sta. Eustatia from Porto Rico, from whence they stole a boat and escaped, and told deponent that the pirate carryed all his prizes into Porto Rico, where they were all condemned, and the Governor bought Sir Charles Payne's sloop, and was fitting her to cruize upon the English, they designing again with more force up among these islands, for the doctor on board the pirate told deponent that the pirate Captn. intended to come up and lye offSombrero to intercept homeward bound English ships, etc. Signed, Joseph Smith.
508. vi. Sir Charles Payne to Governor Mathew. March 22, 1735. Refers to capture of his sloop and cargo valued at £1000 as above. "As these vilians took another sloop of mine a few years ago," valued at £500, for which he could obtain no consideration, asks for a grant of letters of reprisal etc. Signed, Chas. Payne. Nos. i.–vi. Copies. 6 pp. [C.O. 152, 44. ff. 33, 34, 35–37 v.]
March 22.
Spanish Town.
509. President Ayscough to the Council of Trade and Plantations. The last letter, I had the honour to write to your Lordships, was dated the 27th of February, by the Recovery (Capt. Lawes) a duplicate whereof, I herewith send, inclosed to your Lordships, as also, a Journal of one of the Captains of our parties. By the examination of some of the rebells, that were taken alive, it appears, that they are in want of provisions and ammunition, and that the number killed, taken alive, and who died in their march, are computed to be above forty. We daily receive fresh advices, that gives no hopes of our being able to reduce them in a reasonable time. Had not martial law been putt in force, it would have been in vain to have made any attempts against them. Signed, J. Ayscough. Endorsed, Recd. 12th June, Read 15th July, 1735. Addressed. 1 p. Enclosed,
509. i. Journal of William Lamport and Thomas Williams. Feb. 23—March 8, 1734/5. After putting the rebel negroes to flight in a skirmish on 25th Feb., pursue them till the 2nd March, but fail to come up with them etc. Endorsed as preceding. Copy. 3 pp. [C.O. 137, 21. ff. 209, 210 v.–211 v.]
March 22.
Spanish Town.
510. President Ayscough to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, J. Ayscough. Endorsed, R. 13th June. Addressed. 1 p. Enclosed,
510. i. Duplicate of preceding enclosure i. [C.O. 137, 55. ff. 163, 164 v.–166.]
March 25. 511. Petty expenses of the Board of Trade, Christmas, 1734—Lady Day, 1735. v. Journal. 6 pp. [C.O. 388, 80. ff. 122, 123, 124, 125–126.]
March 25.
512. Mr. Popple to Francis Wilks. H.M. Attorney and Solicitor General having made their report to my Lords Commissioners for Trade, concerning the boundaries between the Massachusetts Bay and New Hampshire; and there being a petition from the Governor and Company of Rhode Island, referred to this Board, relating to the settlement of their boundaries with the Massachusetts Bay; I am commanded by their Lordships to acquaint you with their desire of speaking with you to-morrow morning at eleven o'clock upon these affairs. [C.O. 5, 917. p. 111.]
March 27.
513. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose accounts of incidental charges of the office, Christmas, 1734—Lady Day, 1735, and request payment of quarter's salaries now due. v. Journal. [C.O. 389, 37. pp. 360, 361.]
March 28.
514. Mr. Popple to Mr. Wilks. Encloses copy of petition of Rhode Island, and map, relating to the boundary (v. 25th March supra) as desired. The Board expects the answer he proposed to make in six months' time. [C.O. 5, 917. p. 112.]
March 30.
St. James's.
515. H.M. Warrant granting Henry Peers jr., Member of Council, Barbados, twelve months' additional leave of absence etc. Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. p. 498, and 324, 50. p. 29.]