America and West Indies: August 1736

Pages 256-272

Calendar of State Papers Colonial, America and West Indies: Volume 42, 1735-1736. Originally published by Her Majesty's Stationery Office, London, 1953.

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August 1736

Aug. 5.
371. James Logan, President of the Council of Pennsylvania, to the Council of Trade and Plantations. It having pleased God this morning to remove by death the Honble. Patrick Gordon, Esq., Deputy Governor, etc. I am, in pursuance of the Act of Assembly for the further securing the administration etc., to notify the same to your Lordships, and that thereby for the present the administration devolves on me as President of the Council joyntly with that Board etc. Will discharge this trust, with his brethren, with the utmost fidelity to His Majesty etc. Signed, James Logan. Endorsed, Recd. 13th Oct., 1736, Read 13 Jan., 1736/7. 1 p. [C.O. 5, 1268. ff. 245, 248v.].
Aug. 5.
372. Same to Duke of Newcastle. Duplicate of preceding, mutatis mutandis. Signed, James Logan. Endorsed, R. 13th Oct. 1 p. [C.O. 5, 1234. No. 15].
Aug. 5.
373. Council of Trade and Plantations to the Committee of the Privy Council. We have considered the humble petitions of the President and Council, the speaker and several members of the Assembly of H.M. Province of New Jersey, of the Grand Jury of the said Province, and of Mr. Richard Patridge, Agent for New Jersey, together with two other papers annexed to the last mentioned Petition, all of them referr'd to us by your Lordships on the 24th day of May last, humbly praying, for the reasons therein contain'd, that when H.M. shall nominate a Govr. for the Province of New York, the Province of New Jersey may not be included in his Commission, but that H.M. would be graciously pleased to appoint a separate Govr. for the said Province of New Jersey. We have considered the reasons given by the Petitioners for this separation, and upon the best information we have been able to procure, we take leave to acquaint your Lordships, that the allegations of these several petitions appear to be of great consequence; and we cannot doubt but that a separate Governor whom the Province is willing to support, would be a means to give a quicker dispatch to their publick affairs; to encrease their trade and number of people, and very much advance the general interest of the Province, wherefore we are humbly of opinion that H.M. may be graciously pleased to comply with the prayer of these Petitioners. [C.O. 5, 996. pp. 390, 391].
Aug. 5.
374. Council of Trade and Plantations to the Lords Commissioners of the Treasury.' Enclose accounts of incidental charges of the office, Lady Day to Midsummer, and request payment of quarter's salaries then due. v. Journal. [C.O.389, 37. pp. 373, 374.].
Aug. 5.
375. Governor Belcher to the Duke of Newcastle. Encloses following account of Conference with the Penobscot Indians. Continues :—I think they went away satisfy'd in the justice of this Government and which I hope will tend to establish and lengthen out the good peace subsisting between H.M. subjects of this Province, and those Indians. The presents given them consisted in blankets, hats, guns, powder, and shot, to the value of about £35 sterling. Signed, J. Belcher. Endorsed, R. October. 2 pp. Enclosed:
375. i. Penobscot Indians' letter to the Governour. St. George's, April 10, 1736. See July 22. Encl. i. Same terms but differing date.
375. ii. (a) Contract from Minutes of Council of the Massachusetts Bay, May 17, 1736. The Governor having communicated preceding, the Council advised that H.E. should give orders to Capt. Gyles to acquaint the Indians that he should be glad to sec some of their tribe at Baslon in June, and that Capt. Gyles and Mr. Seacomb attend them.
(b) Governor Belcher's letter to the Penobscots, Boston. May 18, 1736. Reply to No. i. Abstract. Does not think it unnecessary that some of them should come to Boston, when they judge they have anything material to lay before him, and takes it very well that they have let him hear from them on those important points. They may entirely depend on his strict observance of the articles of Peace etc. Will be glad to see a number of their Chiefs, as delegates with ample power on behalf of the Tribe, "at Sanders's next return, to whom I have given orders to entertain you very kindly" etc. Signed, Your very good friend and brother, J. Belcher. Copy.
(c) Governor Belcher's Message to the Council and Representatives, June 23. Announces arrival of the Indian Chiefs on 21st. and desires the assistance of both Houses to confer with them.
(d) June 25, 1736. At a Conference in the Council Chamber, Boston, between Governor Belcher and Arexis and Delegates of the Penobscot Tribe of Indians, the whole General Court being present, the Chiefs saluted the Governor, and expressed their joy at seeing him. The Governor invited them to use all freedom of speech in stating their complaints. Arexis explained that he was appointed to speak as Chief man of the Delegates, but as his throat was sore, he deputed Bemmorawadd (Capt. Jobe), who then enumerated their grievances:—(1) The people's setleing at St. Georges, they crowd nearer to us, than what was proposed by us, and Mr. Waldo, at which we are very uneasy etc., Desire H.E. to put a stop to it, as in No. i. (2) The trade at the Truckhouse we like well, it is what was at first agreed on that it should be kept open and free for every one. But to put a stop to trade everywhere excepting at the truck house will cause an uneasiness to us till the same openness and freedom of trade is restored to us as it was first agreed on, the new law which was made the other day.
(3) The truckmaster tells us our beaver is not of full price notwithstanding it is taken in cold weather (out of ice and snow) and will allow us but the price of fall beaver when other traders allow us full price with the spring beaver and this is the price allowed by all traders everywhere else and we are allowed no more than fall beaver price till late in the winter or early in the spring by the truckmaster.
Governour. Now you are here, I would have you speak freely, especially as to the settlement at Georges, and let me know what line of settlement you have proposed and with whom.
Indian. We are easy the English should come to the floating water at the falls ; this we are content with, but not so as to affect the title of land, for we cant be content with any settlements further than the falls; we are willing the sawmill should remain, and the house with a good family in it, and also an house to take care of the grist mill when built, and that the ways from the truck house there should be kept clear, for if that settlement should be allowed, it will draw on war and bloodshed. It was with great difficulty that our old men at several meetings in Council could at last prevail on the younger sort to agree to the settlement of the English on the main river as high as the falls.
Governour. With whom did you agree for the settlement there? You had no order from me or agreement for the settlement. What private agreement had you?
Indian Speaker. Mr. Waldo was down there, it was with him. When we first saw him in the spring, he told us he purchased the lands of Medockawando and came to settle them. We told him we did not know who he purchased our lands of. Mr. Waldo said we knew he had purchased them of Medockawando but that we did not care to own it. We said we would not have him make settlements on the land till the Captain General knew it and approved it. We had no opportunity of informing your Excellency else we should have wrote.
Governour. Did not Mr. Waldo show you a deed?
Indian Speaker. Mr. Waldo said he had no regard to English or Indians. He said he had purchased the lands and would setle them. He did not read any deed, but showed us a paper with a large seal to it and said that was his title.
Governour. Who did Mr. Waldo say sold him the lands?
Indian Speaker. He shewed us a great many papers; one he said came from England, another he said was from Medockawando. When he told us of Medockawando's deed, we said we had made diligent search and enquiry and we could not find any right or title Medockawando ever had to the land at St. Georges. The nearest he was to us was Mechias or St. Johns. We told Mr. Waldo if Medockawando had any right or title, it must have been known to some of us and not kept from us close hid, under the armpit, and the consideration of the purchase must have been discovered by some of the Penobscot tribe. Mr. Waldo enquired who we should like best for our neighbours, English or Irish. We said English for tho sometimes we fell out as boys do at play, yet afterwards we were reconciled and got friends again. But as to foreign men we were not acquainted with their manners and did not know their customs.
Salutations. The delegates withdrew.
(e) In Council, June 25, 1736. Appointment of a joint Committee with the House of Representatives to examine Mr. Samuel Waldo and advise the Governor as to his reply to the Indians. Sent down for concurrence, J. Willard, Secy. In the House of Representatives, June 25, 1736. Read and concurred and members appointed to the Committee. J. Quincy, Speaker.
(f) The Committee find that in the year 1629 a grant was made by the Council established at Plymouth to John Beauchamp and Thomas Leveret (under whom Mr. Waldo claims) of a large tract of land in the Eastern Countrey which includes the lands on each side of Georges River. In the year 1694 Sr. William Phipps purchased in his own name of Medocowando (who calls himself Sagamore of Penobscot) the lands on each side of Georges River up sd. river to the upper Falls which lands are part of what was by the Council of Plymouth granted to said Beauchamp and Leveret. Medocowando signed Articles of Submission etc. entered into by a certain number of eastern Indians at a Treaty with Sr. William Phipps in the year 1693 which Indians in sd. treaty are said to belong to the rivers of Penobscot, Kenebeck, Saco and Amariscoggen; yet the Indians at several treaties with the Government since the year 1725 have constantly denied Medocowando's being of the Penobscot Tribe to whom they say the lands on Georges river do belong—and it does not appear that there have been any concessions on the part of the Penobscot Tribe that settlements might be made on the said lands until the late Conference with the Governour in the Council chamber, in which they did express their consent that they should be made as far up the River as the falls or flowing water.
Buildings were first erected there about 1720 when a block house was built some miles up said river by some private persons and afterwards was put into the hands of the Government who have since maintained same.
It appears from His Majesty's Order in Council on the petitions of Sir Bibe Lake and others and of Samuel Waldo and others that David Dunbar, Esq., was ordered to withdraw from Pemaquid and the lands adjoining, the jurisdiction and property of those lands having been granted to His Majesty's Province of the Massachusetts Bay &c.; but it does not appear that His Majesty did consider the right of this Government or of any particular person claiming the property of the lands in the Eastern Countrey in opposition to the Indian right, but only in opposition to the claim of the Crown.
Upon the whole there has nothing appeared to the Committee sufficient to justify Mr. Waldo in the settlemt. of the lands above the falls or flowing of the water in Georges river. Propose that the Council and House of Representatives advise His Excellency to assure the Penobscot Tribe that this Government will not countenance Mr. Waldo or others settling above the falls until the Government shall be satisfied that those lands have been fairly purchased of such Indians as were the rightful owners thereof.
As to the complaint of the said Delegates relating to the restriction of Trade occasioned by the new Law for preventing of abuses to the said Indians therein, the Committee are of opinion, That the Governour be advised to let them know that the Law was projected to prevent their being cheated or imposed on by private Traders and that the Government make no doubt but that it will be found beneficial to them, but if it should be found otherwise by further experience, they may expect to be relieved.
As to the complaint relating to their being imposed on by the Truckmaster at Georges, against whom only they complain about the price of Beaver, the Committee propose, That the Governour be desired to let them know that special directions shall be given to the said Truckmaster to allow them the full price for Beaver for the future. Signed, In the name and per order of the Committee, Edmund Quincy.
(g) In Council, July 2nd, 1736. Concurrence in Report. Signed, Simon Frost, Depty. Secry. In the House of Representatives. July 3rd, 1736. Concurrence. Signed, J. Quincy, Speaker.
(h) Governour's Message to the Representatives. Proposes to see the Indian Delegates before the whole Court and believes that when suitable presents are made them, they will return well satisfied. July 5th, 1736. Signed, J. Belcher.
(i) At a Conference in the Council Chamber in Boston between Governour Belcher and Arexis and Delegates of the Penobscot Indians. The whole General Court being present, July 6th, 1736. Governour makes promises as in the foregoing report. The present of the Government brought out and his Excellency ordered the present to be delivered, and said it was from the Government, there being three hats with feathers. The Government told them that was to distinguish those three who were King George's officers.
August 2nd, 1736. The several foregoing papers are a true copy. Examined per Simon Frost, Dep. Secry. Endorsed, Account of Conferences with the Penobscot Indians. In Governor Belcher's of Aug. 5th, 1736. [C.O. 5, 899. ff. 241, 241 v., 244–254 v., 256 v.]
Aug. 6.
Charles Town.
376. Lt. Governor Broughton to the Council of Trade and Plantations. By an humble representation which I did myself the honour to present to your Lordships, in the month of October last I took the liberty to lay before your Lordships, for your judgment and direction, the complaints of several of H.M. subjects of this Province, merchants and traders to the Creek nation of Indians, exhibited to me in Council, accompanyed with certain proofs and affidavits relating to the extraordinary behaviour and conduct of Captain Patrick MacKey, Agent for Indian affairs in Georgia, towards their agents and traders amongst the Creeks from this Province. I transmitted at the same time to your Lordships the purport of several letters, which I had received from the Governour of his Catholic Majesty from St. Augustine, and from the Commandant of Moville, on behalf of his most Christian Majesty, that your Lordships might be fully apprized of the very great umbrage Captain Mackey thro' his ill conduct had given to those Governours. When I address'd myself to your Lordships on this occasion I thought it but just to communicate an account of these proceedings to the Honble. the Trustees for Establishing the Colony of Georgia, who have since thought fit to dismiss Captain Mackey from their service and have been pleased to signify by their letter to me, their good disposition to continue the harmony and good agreement which has hitherto subsisted between the two Colonys, and at the same time to declare, "That they had no thoughts of claiming a right exclusive of all other H.M. subjects to trade with the Indians within the limits of Georgia." After the Honble. Trustees had so fully signifyed their good intentions to this Province, as I was perfectly well satisfyed myself, so I was in hopes there would be no future cause of complaint, or that I should ever more had occasion to have troubled your Lordships on this subject. But it is with very great concern my Lords, that I find myself obliged to acquaint your Lordships, that the conduct of the gentlemen who are in the exercise of power at Georgia, have given occasion for a further complaint of new and additional hardships, sustained by the persons who exhibited the former Memorial, and by many others of H.M. principal trading subjects in this Province who have applyed as well on behalf of themselves as their correspondents merchants and traders in Great Britain. When the dismission of Captain Mackey was made known and the letters which I had received from the Trustees were communicated to the Assembly and made public, the traders in confidence of the declaration made by the Trustees thought themselves at liberty to pursue their affairs amongst the Indians and whilst they acted in conformity to the laws of Great Britain, and of this Province, (by which laws only they conceive the people of this Province are oblig'd) they could not reasonably expect any interruption. But finding themselves disappointed, their vessels stop'd, their goods seiz'd and their servants imprison'd by the magistrates of Georgia, and not being able to obtain satisfaction from them, they have found themselves under a necessity to apply to the General Assembly of this Province, by a Memorial which will be laid before your Lordships, beseeching the Assembly, to represent their case to his most Sacred Majesty and to become intercessors for them. The Council and Assembly have went through a very strict and diligent examination of the matters alledged and being well satisfyed of the truth and justice of their complaints, have transmitted to Great Britain an humble Petition and representation to H.M. and have implored H.M. protection and relief. The several facts which have been the foundation of the complaints of the merchants and traders, and the sense which the Council and Assembly of this Province have entertained of the proceedings of the persons in power at Georgia are fully explained in the Petition of the Council and Assembly to H.M. which I humbly conceive, will in the usual manner be refered to your Lordships' Board, and therefore I apprehend your Lordships will very naturally and justly expect it, as a duty incumbent on me, to lay before your Lordships some account of the proceedings which have been had on this affair. As to the facts which are alledged in the Petition to H.M., I presume the proof of them will come before your Lordships in another way, and therefore I shall only crave the liberty to give your Lordships a short view of what I apprehend to be the principal matters in difference between the two Colonys and to submit to your Lordships such observations as have occur'd to me during the course of this proceeding. The complaints which are made the subject of the petition to H.M. consist of several particulars which I have endeavour'd to separate and distinguish that I may the better apply the remarks which are humbly offer'd to your Lordships' consideration. It is complained that the persons in power at Georgia taking for their authority an Act passed by the Honble. Trustees intituled an Act for maintaining the peace with ye Indians in the Province of Georgia do among other things claim the sole power of granting licences to trade with the Indians that lye within the limits of Georgia, or with such Indians as are to the southward of those limits, and insist on a right to seize the goods and effects and to imprison any person whatsoever, who shall presume to trade with the Indians, or shall travel thro' Georgia with goods for that purpose, without licence from the Magistrates of Georgia. Your Lordships will easily perceive the extent of this claim and that it is not consistent with the declaration the Honble. Trustees have been pleased to make, in the letter which I before have mentioned to your Lordships, vizt. "That they have no thoughts of claiming an exclusive right to the trade with the Indians." For if the magistrates of Georgia have the sole power to grant licences, they have a right to judge of the qualification and fitness of the persons to be licenced and consequently may refuse to grant licences to such persons as they shall think fit, which is virtually and in effect an exclusion of any person whatsoever, at their will and pleasure from a liberty to trade with the Indians. The Assembly pay all imaginable deference to an Act which has receiv'd H.M. Royal approbation. But they cannot conceive that an act pass'd by the Trustees of Georgia, and confirmed by H.M., can receive a different construction or be of any greater force and effect, than an other act passed in any other of the American Colonys, by virtue of an authority derived from the Crown and which has received H.M. allowance. 'Tis conceived that every such act is obligatory on the people of the Colony for which it was made, but not on the people of another Colony, who are no partys to the same. It is also humbly conceived, that when H.M. confirmed the Act of the Trustees, he only intended that it should be a rule to such persons as trade from Georgia, but that his subjects in the rest of the Colonys, were left to the regulation of the particular laws made for them within the respective jurisdictions which H.M. has assigned them. If there was a necessity for making a distinction between the power granted to the Trustees of Georgia to make laws, and the like authority which H.M. has given to the Governour and Council with the consent of the Freemen of this Province, it might be justly observed, that the Acts of the Trustees have not the force of laws until H.M. has confirmed them, but the Acts of the General Assembly of this Province are binding from the time of passing, and H.M. has only been pleased to reserve to himself a power of disallowance.
From some instances which I shall beg the liberty to mention to your Lordships, the Assembly have been encouraged to think that H.M. did not intend by giving his assent to the Act of the Trustees of Georgia or by any other act, to restrain the subjects of any part of H.M. Dominions from trading with any nation of Indians whatsoever on the Continent of North America. They conceive the Indians to be a free and independent people, who have neither by conquest, cession, or compact, become the subjects of any Prince in Europe. They sometimes trafique with the subjects of France and Spain, but chiefly with those of Great Britain. The Treaty of Peace and Commerce which was enter'd into by H.M. Command with the Charokee Indians at your Lordships' Board in the year 1730, confirms the Assembly in the opinion, that H.M. by commanding a Treaty and League to be made with the Indians, esteemed them the friends and allies of his people in America, and not as subjects to the Crown of Great Britain, and I humbly beg leave to offer to your Lordships' remembrance that her late Majesty Queen Anne was pleased to disallow an act which had been passed in this Province, to oblige the people of Virginia to take licences from this Government to trade with the Charokee Indians, who then were and still are seated within the limits of the Charter granted to the late Lords Proprietors of Carolina. Her said late Majesty, as 'tis humbly apprehended and as we have been informed, judging that it was inconsistent with the liberty of her trading subjects to be restrained by an act of any particular colony in America, from trading with an independent people, in friendship with the Crown of Great Britain, and who were in the full possession of all natural rights. Your Lordships will very readily perceive what influence this example must have on the minds of the people here, and in what light they must look on the act of the Trustees, when 'tis fresh in their memory, that an Act of the same nature, and directly the present case, met with the disapprobation of her late Majesty on the very first application from her subjects in America. The General Assembly of this Province acknowledge, with the gentlemen who have the care of Georgia, that the interest and safety of both Colonys depend in a great measure on a due regulation of the Indian affairs and they have been always ready by a junction of Councils, to promote the common security, but they apprehend it to be inconsistent with the freedom of English men, to receive laws from the Trustees of Georgia made without their participation or consent, and they have the less reason so to do, as 'tis acknowledged by the gentleman who has at present the chief direction of affairs at Georgia, in a letter to the Speaker of our Assembly, that the Act which the Honble. Trustees have made concerning the Indian affairs, "is the same in Georgia as the former Indian Acts were in Carolina." The Acts made in Carolina are still subsisting and in full force: they are made by an authority derived from the same fountain of power with which the Act made for Georgia; and 'tis allowed the regulations are the same. But the Assembly are far from thinking that the people of Georgia are obliged to submit to the laws of this Province, any more than that it is reasonable for them to expect that the laws of the Trustees shall take place here. The General Assembly of this Province alledge, that as they have a power of making laws, as well as the Trustees of Georgia, so they hope that without vanity or assuming too much to themselves or detracting from the sufficiency of others, they are (under H.M. favour and protection) proper and competent judges of their own security, and that from the experience of seventy years, they may be presumed to be at least equally capable with those who reside at Georgia, and who have had so short an acquaintance with America to manage and direct the affairs of the Indians ; nor can it be doubted but that it is as much their interest to secure themselves, since they are in possession of valuable propertys, acquired by the labour and industry of many years, and defended at their own charge, during a tedious and cruel war, at the expence of the lives of many of H.M. loyal and brave subjects. The people of South Carolina have exerted their utmost ability towards the assistance and encouragement of the Colony of Georgia, and they have the most ardent wishes that the people there may flourish and prosper. They are neither ignorant or unmindful of the strength and security which that settlement may be to the frontiers of H.M. Dominions in North America, but whilst they are sollicitous for the property of this Colony, and acknowledge the advantages which may arise from her success, they think they shall pay a tribute too dear if they are to forfeit the benefits derived from H.M. just and glorious administration and from a constitution which H.M. has been ever zealous to maintain by being obliged to submit to the laws of a Society, of which they are not members, and to whom in their corporate capacity they have no sort of relation. I am aware that the gentlemen of Georgia object that their act has a local as well as personal obligation, and that the laws of Georgia must be observed within the limits of Georgia. In answer to this objection the following questions have been raised, vizt. whether the act of the Trustees can bind a free and independent people who live within the limits of their Charter or can obstruct the subjects of any other Colony, from a free and open trade with them ? Or whether any of H.M. subjects, can be restrained by an Act made by the Trustees of Georgia, tho' confirmed by H.M., from carrying their goods thro' Georgia, to any nation of Indians which lye beyond them, or whether such a restraint can be laid by any other authority than that of the Parliament of Great Britain ? These questions, my Lords, have been debated with great freedom here, and therefore I thought it my duty to make your Lordships acquainted with them. They are of too nice a consideration for me to enter into; it is a presumption I have carefully avoided, but I hope it will be satisfactory to your Lordships that since such questions have been ask'd amongst us, that they should be submitted to your Lordships' examination, that if there be any error on either side, the people may be undeceived and the quiet of the Province settled. There is one circumstance, which if it was consistent with my duty I should be glad to pass over. It has greatly inflamed men's minds and I have too much reason to dread the consequence. The gentlemen in power at Georgia have sent an armed force amongst the Charokee Indians to seize the traders with their effects who are licenced in pursuance of the laws of this Province to trade with that nation of Indians. What may be the event of so sanguine a proceeding amongst the savages at 300 miles distance from the inhabited parts of Georgia, or this Province, I can't foresee, but have too much reason to fear. It is thought very extraordinary, that an arm'd force should be sent before any resistance, before any legal process or stated method of proceeding. Besides the umbrage such a step may give to the Indians, the people of this Province will think themselves in a very precarious scituation, if they may at any time be invaded by a military force, at the arbitrary will and pleasure of the magistrates of Georgia, or those who have the direction of them. I am persuaded your Lordships will not expect that I should make any further remarks on this proceeding. If the Indians are provoked, they make no distinction amongst English men; this Province must share with Georgia in the effects of their revenge. With your Lordships' permission I proceed to take notice of another part of the complaint which creates an equal uneasiness in the minds of the people of this Province. H.M. has a garrison settled about three hundred miles by water from the entrance on the North side of Savannah River, maintained for many years at the sole charge of this Province. By H.M. command a township has been lately settled on the same side of the river, and there are about one hundred inhabitants who have already fix'd themselves there. They are a frontier to the township of Purysburgh also lately settled on the same side of the river, at the expence of upwards of thirty thousand pounds this money. And H.M. subjects of this Province have made several large plantations on the North side of the river. A commerce with these settlements cannot be conveniently carryed on, without the use and navigation of the Savannah river; to which the inhabitants in these parts conceive they have an undoubted right. But it will be made appear to your Lordships by several authentic proofs that under colour of an Act pass'd by the Trustees of Georgia and allowed by H.M. intituled an Act to prevent the importation of rum into Georgia, the magistrates of Georgia have caused several vessels bound to H.M. Garrison and the plantations and settlements on the North side of the river to be stop'd, the bales of goods and packages to be opened, the persons of the boatmen with their boats and effects to be detained and several quantitys of rum to be staved, alledging for cause that they had imported rum into Georgia contrary to the aforementioned Act. This matter was represented to Mr. Oglethorpe and he has been pleased to direct Mr. Causton one of the chief magistrates to make a report of the affair, which report has been sent hither and will be laid before your Lordships. And this is all the satisfaction that has been hitherto given. I humbly conceive that this report will hardly bear a strict examination. I shall content myself with observing to your Lordships that according to Mr. Causton's own account of the affair, the boats stop'd "were bound to Savannah Town in the Province of South Carolina with goods to be landed there for Indian trade, and that amongst other things there were several casks of rum, and 'tis added that they had a permit from the Governour of South Carolina." This is all that appears either from the report of the officer who seized or from the confession of the partys. Mr. Causton thinks fit to add an allegation of his own "that Shepherd and Vernardo (the boatmen) had knowingly and in opposition to the Act, imported rum or some such distill'd liquor for Indian trade or otherwise in violation thereof." It will be very obvious to your Lordships that Mr. Causton's assertion is by no means supported by the fact related. For to carry rum by the Savannah River to Savannah Town in South Carolina for Indian trade or any other purpose whatsoever can never be called importing rum into Georgia. Upon perusal of the Charter of Georgia, your Lordships will perceive that H.M. has granted "all the Lands and Territories which lye from the most northern stream of the Savanna River all along the sea coast to the southward into the most southern stream of Allatomaha River and all that square circuit and precinct of land within the boundary afd. and ca." Now it is humbly apprehended that the northern stream of Savanna river from which one of the boundarys of Georgia is settled cannot be said to be within the boundarys of Georgia, and consequently that goods passing along the Savanna river to places lying on the northern shore can never be deemed an importation into Georgia. But if it was to be allowed that the Savanna river was granted to the Trustees of Georgia, it will be offered to your Lordships' consideration whether there is not a known distinction between the property and passage of a navigable river? and whether all navigable rivers within H.M. Dominions are not free and open to the passage of all his subjects in the same manner as are the King's highways, altho' the soil may be the property of a private person ? The permit or let pass on which Mr. Causton seems to have grounded his suspicions, it is true, was in general terms, and was given on purpose and on this very occasion, to prevent interruption on any pretence whatsoever; for the subjects of this Province whilst they are passing from one part of the Province to another think they have no need of a particular permission. And your Lordships will be pleased to determine whether this let pass could justify Mr. Causton in his suspicions that the bearers were about to import rum into Georgia, when the let pass expressly declared that their goods were to be landed at Savannah Town on the north side of the river within the Province of South Carolina to which the boats and goods did actually belong, and when it was not objected or so much as suspected that there was any intention of landing the rum on the opposite shore. I am fully persuaded your Lordships will never be of opinion that the propertys of H.M. subjects are to be seized and confiscated upon the suspicions or uncertain surmises of any person whatsoever. To prevent mistakes in point of scituation, before I conclude, I hope it will not be thought impertinent if I acquaint your Lordships in this place that there are two places on the Savanna river known by the same name. Savanna Town in Georgia is on the south side of Savanna river about twelve miles from the entrance. There is another place called Savanna Town where H.M. Garrison is settled on the north side of the river about one hundred and fifty miles from Charles Town in South Carolina and about three hundred miles from the mouth of the river, and is now generally distinguished by the name of Old Savannah Town and is in South Carolina.
My Lords, I have now concluded the remarks which I have taken the liberty to lay before your Lordships. I have rather exhibited the opinions and observations of the Council Assembly and partys concerned, than given my own sense of things. I have been careful in the exercise of my private judgment concerning them because I have thought it my duty to wait H.M. commands and your Lordships' directions by which I am to be wholly guided and determined. It has been my chief study and attention to prevent all heat and passion which is too apt to break out in debates of this nature, and I must do justice to the Council and Assembly in assuring your Lordships that they have conducted matters with great respect to the Honble. Trustees of Georgia and with a due consideration of those who are in power there, but above all things have shewn their humble desire and most dutiful expectation of H.M. pleasure. After the declaration of the Honble. Trustees it is impossible to entertain an opinion so injurious to persons of their quality and distinction, as to imagine they have authorized or will countenance the proceedings of those who reside at Georgia. Altho' H.M. Royal name as well as the names of the Trustees have been very freely used to give a sanction to the violences which have been complained of. The Council and Assembly have rather represented matters and treated with the gentlemen of Georgia than pursued any active measures in the defence of what they conceive to be their just rights, and even at this time whilst an armed force is gone from Georgia to seize the traders from this Province and their effects amongst the Indians, a Committee of the Council and Assembly are gone to Georgia to treat with Mr. Oglethorpe on the subject of these disputes. My Lords, I assume nothing to myself on this occasion. I have earnestly press'd and recommended the moderation which has been observed, because I knew 'twas my duty, and I humbly hope my sincere endeavours have had their due influence here, and will meet with H.M. approbation and your Lordships' countenance at home, and I am encouraged to think that nothing will more recommend the people of this Province to H.M. favour than their chearful and ready submission to his royal will and pleasure, which has ever been their constant inclination and endeavour, because they are firmly assured of H.M. gracious and steady purpose to defend and protect his subjects in every part of his Dominions, in the full and uninterrupted possession and exercise, of all the just rights, libertys and priviledges, which they are entituled to, by the laws and constitution under which they live. Signed, Tho. Broughton. Endorsed, Recd. Read 9th Nov., 1736. 16 pp. [C.O. 5, 365. (Including abstract) ff. 134–146 v., 147 v.].
Aug. 6. 377. Capt. Thomlinson to Mr. Popple. When I last wrote you, I could not tell you what money was out in the Colonie of Connecticut ; But since that time I have been with a gentleman of that Province, he tells me that they have about £100,000 out; thirty or forty thousand of which are out upon interest to defray the charges of Government, etc. Signed, John Thomlinson. Endorsed, Recd. 6th Aug., Read — Feb., 1736/7. Addressed. Postmark. 1 p. [C.O. 5, 1268. ff. 246, 247 v.].
Aug. 10.
378. President Dottin to the Duke of Newcastle. Having lately receiv'd an account from Capt. Crawford, of the observations he made at Sta. Lucia, where he touch'd in H.M.S. the Roebuck to wood and water, I have taken the liberty of enclosing your Grace the letter I caus'd to be wrote him on this subject with his answer thereto ; and must at the same time beg leave to inform you from, many accounts given me by persons who have been over the Island, that the French very much increase their settlements there, and what few English are thereon are only servants to the French, from whom they purchase, and who are look'd upon as their protectors, so that unless some other methods, and which your Grace is the best judge of, can be fallen upon to render the orders of the two Crowns more effectual, I fear what has been hitherto done, will be to no other purpose than to dispossess some few English subjects, who had made great improvements there, of the ballance they kept against the French, but which immediately on the orders being publish'd, they gave up, and left the others entire and sole masters thereof, the consequence of which may be hereafter of great disservice, etc. Signed, James Dottin. Endorsed, R. October. 2 pp. Enclosed,
378. i. William Duke to Capt. Crofford. Secretary's Office, July 19, 1736. Abstract. The Duke of Newcastle having required of the President a particular account from time to time how the orders for evacuating Sta. Lucia have been complied with, asks for a full report of his observations on his recent visit there. Signed, William Duke. Copy.
378. ii. Capt. Craufurd, R.N. to President Dottin. Roebuck. Barbados. July 24, 1736. Abstract. Was only at one part of Sta. Lucia, Pigeon Island Bay ; was told the other parts were better inhabited, but at the part where he was, they reckoned fifteen or sixteen inhabitants who had cotton works, twelve of which were French, the others English, but their crops being most gather'd, he could not judge what quantities they made. At Martinique he waited on the General, Marquis de Champigny, who assured him he in no ways encouraged the French setling at Sta. Lucia and expected every moment order from his Court about the evacuation thereof. "This I thought as much as I could expect from him, since I had no power to ask further questions, I never having received any orders from my Lords Commissioners of the Admiralty in relation to St. Lucia." Signed, Charles Craufurd. Copy. Nos. i and ii, 1½ pp. [C.O. 28, 45. ff. 388, 388 v., 389–390 v.].
Aug. 11.
Austin Fryers.
379. Mr. Wilks to Mr. Popple. Encloses following. Signed, Fra. Wilks. Endorsed, Recd. 2nd Feb., 1736/7. Addressed. ¾ p. Enclosed,
379. i. Accounts (by Mr. Willard, Secretary) of bills of credit issued by the Massachusetts Bay, to be brought in 1732–41. 3 pp. [C.O. 5, 879. ff. 107, 108–109, 110 v.].
Aug. 12. 380. Lt. Governor Gooch to the Council of Trade and Plantations. Encloses Speech etc. at opening of the General Assembly on the 6th inst. About the 10th of the next month the Commissioners for settling the boundaries of the Northern grant will begin their journey, etc., as July 10th. Signed, Will. Gooch. Endorsed, Recd. 18th, Read 20th Oct., 1736. 1 p. Enclosed,
380. i. (a) Address of the Council of Virginia to Lt. Gov. Gooch. Gratefully acknowledge his affectionate speech to both Houses (No. iii), pursuing the same wise and just measures as have always distinguished his administration etc. Gratefully acknowledge His Majesty's kinder concern for his people, as shown by confirmation of recent acts etc.
(b) Lt. Gov. Gooch's reply to preceding, thanking the Council for their obliging address etc. The whole printed. 1½ pp.
380. ii. Address of the House of Burgesses to Lt. Gov. Gooch. To same effect as above. Printed. 2 pp.
380. iii. Lt. Governor Gooch's Speech to the Council and Assembly. Congratulates himself that he sees in the new Assembly a revival of the old one, which had "expressed so much duty to the King, and so much love to their country ; such unanimity among themselves, and such deference and regard to me" etc. Recommends better regulation of the Militia for preventing insurrections of slaves and the easing of poor house-keepers who are unable to purchase arms for themselves ; the extension of the duty on liquors to land-importation, to cope with the new practice of importing rum etc. by land carriage. Announces confirmation of Acts for the better support of the College of William and Mary, and amending act for settling titles and bounds of lands etc. While His Majesty's thoughts have been turned towards settling the tranquility of Europe, he never fails to have most at heart the welfare of his people etc. Let us therefore engage His Majesty farther to us, by all possible returns of gratitude and loyalty etc. Printed. 1½ pp. [C.O. 5, 1324. ff. 28, 29–31 v., 32 v.].
Aug. 16.
Charles Town.
381. Lt. Governor Broughton to the Council of Trade and Plantations. Since I did myself the honour to write to your Lordships of the affairs of Georgia, I have received some advices which I conceive to be of such importance that I ought to loose no time in making them known to your Lordships. Monsieur Bieuville, Governour of the French settlements at Moville assembled together the last winter a great number of forces white men, and Indians. He applyed himself with much diligence to the repairing of the forts and building new ones, and in furnishing them with a large store of provisions. It was the common report at New Orleans all the last winter that France was to declare war against England in the spring, but a ship arriving in January last from Europe, news was brought that a General Peace was concluded. Monsieur Bieuville upon this advice, gave out that he had never any other design than to attack the Chickesaw Indians, a people who live about seven hundred miles from this place and are friends to the English. But the preparations, which were made, have the countenance of a much more extensive project, for the French on the Mississippi River were joined by great numbers from Canada at the head of the Ilonois, a considerable body of Indians. In March last one hundred and twenty five men under the command of Monsieur Piaget passed by the Fort of Pradhome, and in April the vanguard of the French army consisting of two hundred white men and four hundred Indians attacked the Chickesaws in their towns. They were repulsed with the loss of about forty white men, the Indians were driven home and several prisoners taken amongst whom was the Commander in Chief of the party said to be a relation of Monsieur Bieuville's. Your Lordships will not easily believe that so great an armament was rais'd barely for the sake of destroying a tribe of Indians which at the most do not consist of more than four or five hundred men. The French have settled a communication from Canada to the mouth of the Mississippi River, and we have too much reason to apprehend, from frequent attempts of this sort that they are endeavouring to destroy the Indians in friendship with the English, or to force them into their service during the time of peace, that they may be enabled whenever a war shall happen, to gain an easy passage and without interruption to attack any of the English settlements on this Continent, the consequence of which is humbly submitted to your Lordship's consideration. Signed, Tho. Broughton. Endorsed, Recd. 1st., Read 3rd. Nov., 1736. 2½ pp. [C.O. 5, 365. ff. 132–133 v.].
Aug. 23. 382. Galfridus Gray to Mr. Popple. Encloses following, "supposing you may have a friend that may want a Government, and the sooner a Governor may go to these islands the better" etc. "You may deliver all as your own thoughts." Signed, Galfridus Gray. Endorsed, Recd. Read 25th Aug., 1736. Addressed. 1 p. Enclosed,
382. i. The affair of the Virgin Islands considered in their very pressing conjuncture by a person very familiarly acquainted with them. Abstract. Knowing the islands well, is of opinion that if they were better known, more notice would be taken of them. Has often heard inhabitants of St. Thomas say that it belongs to Great Britain, and that they wish the King would take them under his protection, since he is able to protect them, which the King of Denmark is not. The Virgin Islands have many good harbours, and more inhabitants than Georgia etc. They only want a Governor to regulate things, and their produce would soon add as much to the revenue as would defray the cost. Thinks there are 200 British subjects on Sta. Cruz, said to be sold by France to Denmark. The next island for France to sell may be Jamaica! Because we so silently passed over the Sta. Lucia affair, the French think they may sell what they please in those countries. We ought to have both Sta. Cruz and St. Thomas. It not a little concerns us to take more care of those islands in order to preserve our merchants' ships in their way home from the Leeward Islands, etc. Signed, G. G. 1 1/3 p. [C.O. 152, 22. ff. 68, 68 v., 70, 70 v.].