America and West Indies: November 1736, 1-10

Pages 317-324

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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November 1736, 1-10

Nov. 1. 432. Deposition of William Smith of the Bahama Islands, Clerk, but now in London. Believes that Governor Fitzwilliam soon after his arrival purchased a parcel of sheep, and that the master of the vessel who sold them to him complained that he could not dispose of the remainder, because he had given the preference to the Governor. But deponent has never heard that the Governor has since bought any live cattle imported from foreign parts, except six sheep which were a remnant that lay on the importer's hands. There is no regular market at Providence, and every one who kills beef or mutton there disposes of what he cannot consume, the weather being so excessive hot that meat will seldom keep a second day. Deponent never heard of the Governor's having any share in any trading vessel. The woollen goods mentioned (Oct. 7th) were carried in the Faulconbrigg, Wm. Clough commander, which touched at no port between London and the Bahamas. Capt. Clough gave cockets to Mr. Jackson who did not seize the said woollens till a year afterwards, Capt. Clough was then gone from the islands, but on his return made oath that he had delivered a cocquet for them. Does not believe John Keowin was ever the servant of the Governor, than whom there never was a Governor more generally beloved. Mrs. Jackson for some months before her death was daily supplied by the Governor with all necessaries which his house could afford, and on her death he took her son to his house, and fed and clothed him, and seemed to deponent to be really fond of the boy etc. Signed, Wm. Smith. Endorsed, Recd. Read 2nd Nov., 1736. 3 pp. [C.O. 23, 3. ff. 207-208 v.]
[Nov. 2.] 433. Wavell Smith to Mr. Popple. Is ready to prove his case whenever the Board directs him to attend them. Hopes they will report soon, as till this matter is determined, he is out of a great deal of money etc. Signed, Wavl. Smith. Endorsed, Recd., Read 2nd Nov., 1736. 1 p. [C.O. 152, 22. ff. 133, 136 v.]
[Nov. 2.] 434. Petition of Henry Popple, in behalf of Governor Fitzwilliam, to the Council of Trade and Plantations. In reply to Mr. Jackson's charges, Oct. 7th, encloses following, and requests copies of depositions read at the Board, Oct. 28th, in order to enable the Governor to send answers to these aspersions etc. Endorsed, Recd., Read 2nd Nov., 1736. 1 p. Enclosed,
434. i. Deposition of Richard Rowland. Nassau. 8th Nov.,1735. Abstract. Having been informed that it has been insinuated that he was removed from his office of Chief Justice, because he would not be directed in his judgment in Court by Governor Fitzwilliam, declares that he never endeavoured to bias him or any Judge or jury in any cause, and does not know any man who has wrongfully suffered by his means. Signed, Richd. Rowland. Copy. ¾ p.
434. ii. Address of the Grand Jury of the Bahama Islands to Governor Fitzwilliam. Being informed that some base and evil-disposed persons have privately handed about, first at Carolina, and then in London, a paper called The grievance or complaint of the inhabitants of the Bahama Islands against your Excellency, which could be done with no other intention than to defame you, and break that happy union subsisting between your Excellency and H.M. good subjects of this island, in order to gratifie some private resentment etc., we etc. declare that we are so far from being concerned in any kind of complaint etc., that we are perfectly sensible of the many benefits we have enjoyed under your prudent,humane and just administration, whereby our rights and property have not only been secured, and litigious law suits discouraged, but also great encouragement given to strangers to come and settle among us; and as your Excellency has been indefatigable in your endeavours to reduce all kind of proceedings to due regularity etc., so we are thoroughly convinced that your sole motive in appointing judges has been for their understanding and integrity etc. Whatever uneasiness hath been heretofore among us was only occasioned by John Colebrooke and a few accomplices. Signed, Thos. Bedon, foreman, and 22 others. Copy. 1⅓ pp. [C.O. 23, 3. ff. 203, 204, 205, 205 v., 206 v.]
Nov. 3.
435. The Duke of Newcastle to the Council of Trade and Plantations. I send you herewith, by Her Majesty's command, copys of two Memorials received from the French Court, complaining that a French merchant ship called the Fortune, in her return from the Island of Mary Galante, in May 1735, being forced by the currants upon the coast of Monserrat, was there seized by order of Mr. Mathew, Governor of the Leeward Islands; who, as is alleged, before he would discharge the said ship, obliged the Commander of it to give security to pay to him, the Governor, the value of his ship and cargo, if, within a certain time, he did not procure an order from His Majesty, that the said bond should be discharged. I also send you the copy of a Memorial delivered to Lord Waldegrave, complaining that another French ship, called the Fleuron of St. Malo, had been seized on the 22nd of July last (though it is alleged, that there was not the least suspicion of it's being concerned in contraband trade) and carried to Monserrat, where the said ship and cargo had been confiscated, under pretext of a law made by the Assembly of Monserrat on the 5th of June last. I am to acquaint your Lordships with Her Majesty's pleasure, that you make enquiry into the true state of these several facts in the most expeditious manner you can and report your opinion thereupon to be laid before Her Majesty; and that you should in the meantime send me such advices as you may have already received, relating to the subject matter of either of these complaints. Signed, Holles Newcastle. Endorsed, Recd., Read 3rd Nov., 1736. 2 pp. Enclosed,
435. i. Memorial on the case of the Fortune, Capt. Hardorine, described in preceding. Endorsed as preceding. French. Copy. 5⅓ pp.
435. ii. Memorial presented by M. Chauvelin to the Earl of Waldegrave, 30th Oct., n.s., 1736. On the same subject. Same endorsement. French. Copy. 8 pp.
435. iii. Further memorial on same subject. Without date. Same endorsement. French. Copy. 52/3 pp. [C.O. 152,22. ff. 137-140 v., 141 v., 142 v.-146 v., 147 v.-150 v., 151 v.]
Nov. 4.
436. Mr. Popple to Mr. Fane. My Lords Commissioners have had under their consideration an Act of St. Christophers for settling the limits of the several parishes etc., and for amending an Act for regulating vestries etc., and your report in point of law in favour of the said Act, But as their Lordships observe that the Act intended by the titles of this Act to be amended is not so much as mentioned in the body of it; I am commanded to desire your opinion in point of law, whether supposing the present act should be confirm'd the Act, intended by the title to be amended, would not likewise remain in force. [C.O. 153, 16. pp. 57, 58.]
Nov. 4.
437. Mr. Popple to Mr. Carkesse. Several Acts of Parliament relating to Trade and Navigation having been passed since your letter to me of the 8th of April, 1727, with the observations of the Commissioners of H.M. Customs upon the draught of Instructions relating thereto, I have prepared by order of my Lords Commissioners for Trade and Plantations one general draught of such Instructions for all the Governors of H.M. Plantations in America: their Lordships have commanded me to transmit to you the inclosed copy thereof in columns in order to their being laid before the Commissioners of the Customs for their opinion thereupon ; and I am to desire that such observations, as they shall make thereon, may be minuted in the blank column against each article, and returned to me therewith as soon as conveniently may be. I am further to desire you will move the Commissioners of the Customs for an answer to the letter I wrote to you the 22nd of September last relating to the importation of Canary wines directly to the British Plantations in America from the Canary Islands. [C.O. 324, 12. pp. 225, 226.]
Nov. 4.
438. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract from Governor Mathew's letter received since theirs to his Grace of April 20th, relating to the French on Sta. Lucia, St. Vincent and Dominico. Continue:— Your Grace will please to observe, upon reviseing what we have wrote upon this subject, that the French are daily encreasing in numbers on these islands, that as General Mathew now informs us, they are encreased from one hundred families to three hundred and sixty-four now settled on Dominico under a Governor appointed by the Genl. of Martinico; and that they have even seized an English vessel at that island on pretence of an illicit trade, which could they have proved, the vessel would have been actually condemn'd. In our abovementioned letters, we have so fully set forth the consequences of these proceedings of the French, that we have nothing to add thereto, but that, if they are permitted to continue there, they will by degrees increase to so great a number, that they will not be removed without great difficulty. Autograph signatures. 1½ pp. Enclosed,
438. i. Extract from "Governor Mathew's letter, 17th July, 1736. 1 p. [C.O. 152, 40. ff. 282, 285; and 153, 16. pp. 59, 60.]
Nov. 4.
439. Council of Trade and Plantations to the Duke of Newcastle. Enclose extracts from Governor Fitzwilliam's letters, 8th and 20th March, relating to the ruinous state of the barracks and fortifications in the Bahama Islands. Continue:—As your Grace is sensible of what consequence these islands are of to the interest of this Kingdom, commanding by their situation the Gulph of Florida, we must desire your Grace will please to receive H.M. directions concerning such necessary repairs as are there wanting. [C.O. 24, 1. pp. 311, 312.]
Nov. 5.
440. Mr. Burchett to Mr. Popple. In reply to letter of 27 ulto., encloses following. Signed, J. Burchett. Endorsed, Recd. 6th, Read 11th Nov. 1736. 1 p. Enclosed,
440. i. Extract from Instructions by the Lords Commissioners of the Admiralty given to Capt. Symonds, H.M. sloop Shark, stationed at the Bahama Islands. On your arrival at the Bahama Islands you are with all possible diligence to employ the sloop you command for their security and defence, from any attempts that may be made on them by pyrates or otherwise, and particularly you are to take care to protect from time to time such vessels as may be employed in making salt at Exuma etc. You are not to hoist the Union Flag on board the ship you command on account of the Governor's being on board or on any other pretence whatever. And whereas you will receive herewith an Act of Parliament by which the Captains of H.M. ships and vessells are forbid to receive on board any goods or merchandize, you are carefully to observe the same, and by all oppertunity to make as public as may be the several clauses relating to pirates. And whereas the Captains of H.M. ships stationed in America have of late years taken a very unwarrantable liberty of lying in port with their ships for the greater part of the time they have remained abroad, to the dishonour of H.M. service and disservice of the Colonys for whose protection they were appointed; and we being determined not to suffer such neglect to pass unobserved for the future, do hereby strictly charge and direct you to employ yourself with H.M. sloop under your command, diligently to put in execution the Instructions you have or shall receive from us for attending on the Bahama Islands, and when the season will permit your keeping the sea, you are to cruize in proper stations for meeting with pirates and others that may disturb the trade of H.M. subjects, and for your better guarding the said islands and trade thereof etc. Copy. 2 pp. [C.O. 23, 3. ff. 211, 212, 212 v., 215 v.]
Nov. 6.
441. Lt. Governor Pitt to the Council of Trade and Plantations. Acknowledges letters of 8th and 25th Aug. Will take care to send the papers and accounts required as soon as possible. Concludes:—I have wrote to his Grace the Duke of Newcastle, to be so good to procure me H.M. leave to return home for six months for the recovery of my health, which is very much declin'd etc. Asks the Board to join with his Grace in this request etc. Signed, John Pitt. Endorsed, Recd. 14th May, Read 8th June, 1737. Duplicate. 1 p. [C.O. 37, 12. ff. 237, 239 v.]
Nov. 6.
442. Lt. Governor Pitt to Mr. Popple. To same effect as preceding, with a request to him to remind the Board of his application for leave. Signed and endorsed as preceding. Duplicate. 1 p. [C.O. 37, 12. ff. 236, 239 v.]
[Nov. 9.] 443. Petition of Mr. Edlington, Surveyor General of Lands in Barbados, to the Council of Trade and Plantations. Describes importance of office. Continues:—The General Assembly, in 1735, passed an Act concerning the surveying of land, setting forth that whoever shall have occasion to survey or lay out any lands or houses, may as of right claim from the Governour a warrant to be directed to such sworn Surveyor (being allowed to practice) as the said person shall think fit to nominate etc. The said law maketh void the authority powers and priviledges granted to the said Surveyor General in his commission, who took oath of office etc. Against which law, he preferred his petition to the President in Council, and had a hearing on 3rd Feb., 1736, but it was carried for the bill, by means whereof the prerogative of the Crown in relation thereto is taken away, the Surveyor General is deprived of his privileges, the inhabitants rendered incapable of coming to a clear, easy and perfect knowledge of the surveys and plots of their neighbours' lands etc., and great latitude is given to fraud and uncertainty etc. His expenses in defending his commission have greatly exceeded all his profits from it. Prays the Board to reinstate or relieve him etc. Signed, John Edlington. Endorsed, Recd., Read 9th Nov., 1736. 1 p. [C.O. 28, 24. ff. 181, 181 v.]
Nov. 9.
444. Mr. Popple to Mr. John Willes, Attorney General. I am commanded by my Lords Commissioners for Trade and Plantations to remind you of my letters of 6th and 11th of December, 1733, 8th of January, 1733/4, and of the 4th of September and 14th of October, 1735, inclosing copy of a representation from Mr. Smith, Chief Justice &c. of North Carolina, relating to the Laws of that Province; copies of the two Charters from the Crown to the Lords Proprietors of Carolina and of other papers relating to the Laws of North Carolina, as also to a method introduced by the Governors of that Province of granting blank patents for lands: and to acquaint you that their Lordsps. desire your opinion thereupon in point of law as soon as conveniently may be; the Govr. being at a loss how to proceed, until he hears from my Lords upon this subject. [C.O. 5, 323. f. 121.]
Nov. 9/20.
Fort St.
445. Capt. Macpherson to Mr. James Buchanan, merchant, London. Refers to previous letter giving an account of his having been seized and brought into Martinique by a guarda costa, when "sailing betwixt this island and Sta. Lucia in my way to Jamaica." Continues:—They have taken all possible measures to confiscate the ship and cargo, and hitherto I have defended to the utmost. Three renegadoes who have a share in prize have sworn to my being within a league of their land, but by my journal, winds, course steer'd and weather from Barbadoes, I have proved and allowed by a jury of French Captains that I was not within their limitts etc. Has summoned 13 witnesses from the shore that he was at least 3 leagues from any land. But "they are full resolved to condemn me right or wrong, slaves being here very scarce and at a great price. If they cannot confiscate the ship for being near their land, they'l keep here as a reprisal for the ship General Mathews took into Antegua about 6 weeks agoe" etc. Signed, Alex. Macpherson. Addressed. 1 p. [C.O. 5, 5. ff. 133, 134 v.]
Nov. 9.
446. Council of Trade and Plantations to the Duke of Newcastle. Send copy of Lt. Governor Broughton's letter of 16th August, reporting that the French Governor of Moville had attacked the Chickesawe, a nation in friendship with the English. Conclude: As this proceeding of the French is a manifest violation of the 15th Article of the Treaty of Utrecht, we desire your Grace will please to lay the same before Her Majesty for her directions thereon. Autograph signatures. 1 p. Enclosed,
446. i. Copy of Lt. Governor Broughton's letter, 16th Aug. [C.O. 5, 383. ff. 55, 57, 57 v.; and (without enclosures) 5, 401. pp. 183, 184.
Nov. 9.
447. Mr. Popple to Lt. Governor Broughton. Acknowledges letter of 16th Aug. which has been laid before the Duke of Newcastle. Continues:—But as you have not been so explicit in your letter as my Lords could have wish'd, I am to desire you will inform them as soon as may be, from whence you receiv'd the advices concerning this affair, and that you will send them a more particular account of this transaction etc. I am likewise to desire to know whether any, and what treaties have been made with these Indians on the part of the English and when? And any other information concerning them, which you can furnish there Lordships with? Have you seen any of the Chickesaw Indians? Or can you get any particular information from them relating this affair? [C.O. 5, 401. pp. 185, 186.]
Nov. 9. 448. Petition of John Puridge of New Hampshire to the Council of Trade and Plantations. Offers suggestions for the directions as to time, place, quorum etc. for the boundary Commissioners, as ordered 26th Oct., q.v. Signed, John Thomlinson, for the petitioner. Endorsed, Recd. 9th, Read 16th Nov., 1736. 2¾ large, closely written pp. [C.O. 5, 879. ff. 83, 84 v.]
Nov. 10. 449. Deposition of John Colebrooke, of London. Having been ordered by the Council of Trade to make affidavit to such things as he knew relating to Mr. Jackson's complaint, Oct. 7th, deponent, who was resident in Providence till Jan 26, 1735, declares that a few days after his arrival Governor Fitzwilliam did hire a certain house called the White house, situated in the most frequented part of the town, where he did expose to sale in an open storehouse great variety of merchandize, as drapery, grocery, haberdashery, liquors, provisions etc., belonging to the said Governor, as he himself declared to deponent. The Governor was often the purchaser of live cattle brought to the island, sometimes showing his displeasure to such persons as interfered in such purchases. He caused them to be killed by the soldiers and offered for sale in joints and quarters about the town by them, at a profit of 50 p.c. or more. He takes the goods of the inhabitants and obliges them to receive from him such goods in return as they did not want and were often forced to sell to considerable loss. He trades by sea as a merchant, often paying less freight for his goods than other traders can get theirs carried for, and sometimes has had them carried free etc. Confirms Jackson's statements about goods sent to the Havana by the Governor etc., and his treatment of the Judges and Courts of Justice; his servant, James Scott; his assault on Mr. Jackson, etc. Signed, Jno. Colebrooke. Endorsed, Recd. Read 16th Nov., 1736. 3¼ pp. [C.O. 23, 3. ff. 209–210 v.].
Nov. 10.
450. Capt. Towry to Mr. Popple. Encloses following The answers to the queries are the same as last year. Signed, J. Lowry. Endorsed, Recd. 3rd Dec. 1736, Read 13th Jan., 1736/7. ¾ p. Enclosed,
450. i. State of the Codd Fishery at Canso for 1736. Totals: 46 schooners employed, 10 sack ships. Quintals of fish made, 25,690; shipped to foreign markets (Lisbon, Genoa, Cadiz, Bilboa and the Straits) 14.534; to New England, 11,156. 12/3 pp.
450. ii. State of the Whale Fishery at Canso for 1736. 10 ships of 30 to 73 tons. 11 whales killed. 421 barrels of oil, 4120 lb. of whalebone. Signed, J. Lowry. ½ p. [C.O. 217, 7. ff. 197, 198–199, 200].