America and West Indies: November 1736, 21-30

Pages 335-354

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, 21-30

Nov. 22.
Am boy,
New Jersey.
458. President Hamilton to the Duke of Newcastle. Since I had the honr. to write to your Grace etc. (v. Oct. 25), Col. Morris not haveing patience to wait H.M. royall pleasure, but continueing to disturb the peace and quiet of this Government as much as in him lay affixed up two proclamations under his hand and seal at the Court house door of this city, the one for adjourning the Assembly of this Province, the other about praying for H.R.H. the Princess of Wales. This obliged me to call a Council, which was very difficult to be done att that time, and by their advice I issued a proclamation for apprehending Mr. Morris. I likewise ordered prayers to be used for H.R.H. pursuant to the Royall Instruction, etc. Signed, John Hamilton. Endorsed, R. Jan. 24. 12/3 pp. Enclosed.
458. i. Minutes of Council of New Hampshire. 29th Oct., 1736. 1 p. [C.O. 5, 983. ff. 73, 73 v., 74 v., 75].
Nov. 23.
New York.
459. Lt. Governor Clarke to the Duke of Newcastle. On the 29th of the last month I had the honor to receive H.M. Commission appointing me Lieutenant Governor of this province, and beg leave to return your Grace my most humble thanks for your protection. The Assembly were then sitting, but as their meeting was put off by the arts and intrigues of the faction, and their own fears till it was late in the fall, the short time they had left was not sufficient for them to enter into an inquiry and to make good the deficiencies of the Revenue. They resolved however to do it the next summer; I put on the best face I could and parted with them without expressing any dissatisfaction, and they seemed much pleased that I had given my assent to their Bills, it being insinuated that I would not. The faction being broke, the people grow daily more sensible of the danger that Morris and a few more had brought them into and of the happy escape they have had, for without doubt had not H.M. Instruction to me come on the day it did, the next would have involved them in open rebellion, Van Dam would have sworn the City officers whom he named, and I must have supported those of my nomination, and have sent a detachment of the garrison to have protected and assisted them in quelling the tumult that was threatened and would most certainly have been raised on that occasion: happy for them that so unexpected a stop was put to their madnes, and that Morris's designs are discovered, he can no more delude them but is become the object of their-passion which they express in the sharpest terms, even Van Dam whose cause Morris espoused exclaims loudly against him for having imposed upon him and threatens to sue him for some money he took up in England in his name of his correspondent; in a word, my Lord, the face of affairs is wonderfully changed for the better, the people seem perfectly contented; and the hopes of a few desperate men are all placed in the expectation of seeing a Governor soon come from England, imagining that in that event they shall be able to revive a troublesome spirit, but I do with confidence assure your Grace that if H.M. will be graciously pleased to continue me in the administration of the Government, and its enemies have no room to perswade the people that they will soon see a change, I shall be able to restore them to as much unanimity, content and happiness as they ever knew, and the province to a more flourishing condition than ever. As to myself I beg leave to inform your Grace that I have been obliged to live at a very extraordinary expense to attain those ends, and that I have been obliged, too, to defray all contingent charges of the Government out of my own pocket not having received one single shilling from the Treasury since Governor Cosby's death, and must go on in the same expensive manner till the deficiencies of the Revenue are made good. It is a very heavy weight upon me, and will inevitably undo me if I am so unhappy to be removed from the Administration of the Government before those deficiencies are made good ; but I humbly hope from your Grace's great goodness and compassion that you will give me your protection and save me from ruin, in those hopes I shall go on with cheerfulnes at whatever expence it be to finish the work that is so happily begun, presuming that I cannot do a greater service in my present station nor recommend myself more effectually to your Grace. The Council and Assembly having joined with me in an address to H.M. on H.R.H. the Prince of Wales's nuptials I do myself the honor to inclose it to your Grace praying that you will do us the honor to present it to H.M., etc. Signed, Geo. Clarke. Holograph, 3¼ ppEnclosed,
459. i. Address of the Lieutenant Governor, Council, and Assembly of New York to the King. Join in the general joy of his people in congratulating H.M. on the happy nuptialls of the Prince of Wales with the Princess of Saxe Gotha" etc. "The alliance of two august Houses, so remarkable for their glorious zeal, and firm adherence to the Protestant interest, we cannot but ascribe to your Majesty's paternal care and consern for the future, as well as present, happyness and security, of all your people ; and the subjects of your Majesty's remotest Dominions have the greatest reason to exult in the happy influence of your Majesty's wisdom and councills, with the sincerest expressions of duty and gratitude etc. Signed, Geo. Clarke, 7 Councillors, 25 Assemblymen. 1 large p. [C.O. 5, 1093. ff. 453–454 v., 455; and (duplicate of covering letter, endorsed, R. Jan. 19th), 462–463 v.].
[Nov. 23.] 460. Agents of the Leewards Islands to the Council of Trade and Plantations. Submit following papers (cf. 16th Nov.) in justification of Governor Mathew, both in passing the Act of Montserrat and in seizing the Future and Fleuron. Refer to seizures by the French under the Edict of 1727. "A remarkable instance of which happened at Dominique, an island which the French, contrary to the evacuation agreed on between the two Crowns, have first peopled with several hundred families, and then call'd it their own, and afterwards seized our vessels for being within a league of its shore, tho' this is an island belonging to Great Britain etc. The French have not stopt here, but have gone so far as to seize and condemn several English vessells, at the distance of five leagues from any shore, instances of which memorialists are ready to lay before the Board etc. The most pressing applications have been made for redress, but only to the entire and further loss of the sufferers' time and expences etc. The Act of Montserrat was passed to stop these insults and depredations, to prevent illicit trade with the subjects of France, in defiance of the Treaties etc. The act has already had so good an effect, and has made the French themselves so sensible of the rigours of the Edict, that the French Governor at Martinico, has proposed to Governor Mathews a suspension of the execution of the said Edict on one side, and of the Montserrat act on the other, till the matters in dispute can be determined between the two Crowns etc., which as it was the principal view of the said Act, soe Memorialists submit whether it is not reasonable, that the act should subsist till the Edict is revoked etc. Otherwise, H.M. subjects may be again exposed to the same injuries, and the French will construe the repeal of the Act as a tacit justify cation of their Edict, and insist on the same, as an authority for the establishing it etc. The papers already laid before the Board with regard to the seizures of the Fortune and Fleuron contain so full an answer to the French memorials, that Memorialists will not trouble the Board with a repetition thereof etc. Signed, John Yeamans, Ri. Coope, Tho, Butler, Henry Popple. Endorsed, Recd., Read 23rd Nov., 1736. 3 pp. Enclosed,
460. i. Extracts from letters from Governor Mathew to Mr. Yeamans, 26th May, 8 and 15th Sept., 1736, relating to the seizure of the Fleuron. Endorsed as preceding. Copies. 4 pp.
460. ii. Proceedings in the Court of Admiralty, Montserrat, 19th July, 1736, on the seizure of the Fleuron for illegal trade. Same endorsement. 4¾ large pp.
460. iii. Agreement for purchase of the Fleuron and her cargo by M. Fauchier. Signed, Fauchier. French. Holograph. 1¼ pp.
460. iv. Report by two Justices of the Peace, Antigua, 1st Sept., upon the complaint of M. Fauchier etc. Certify that since the seizure of the Fleuron, some of the cargo appears to have been consumed or embezzled by the English sailors of the sloop Pall Mall, or persons put on board to guard her etc. Signed, Robt. Arbuthnot, Harry Webb. 3 pp.
460. v. Copies of a French deputation from Martinique, and of an agreement made thereon for a composition for the Fleuron, 9th Aug. (n.s.), 1736. Endorsed as covering letter. French. 4 pp.
460. vi. Copies of correspondence between Governor Mathew and the Marquis de Champigny, Aug., Sept., 1736 Same endorsement. 6 pp. [C.O. 152. 22. ff. 187–190 v., 192–197, 198–199 v., 200 v.–203 v., 204 v.].
Nov. 23.
461. Council of Trade and Plantations to the Duke of Newcastle. Upon a letter of 3rd instant, need a copy of the French Edict, 1727. Having only been able to procure extracts of it, request his Grace to write to the Earl of Waldegrave, at Paris, for an authentic copy. [C.O. 153, 16 p. 61].
Nov. 23.
462. Lt. Govr. Armstrong to the Council of Trade and Plantations. I did myself the honour to aquaint your Lordships in June last with my reasons for sending away the two priests Mr. De St. Poncy and Mr. Cheveraux out of the Province by and with the advice of the Council. The sequel shows how just my remarks were of their disregard to this Government, which I am no longer surprised at, since I find them so vigorously supported in that principle by Mr. St. Ovide de Bruillan, the French Governor of Cape Breton. One of the priests, Monsieur Cheveraux, stopt at Capt Sables to serve the Indian tribes in these parts as their missionary ; your Lordships will perceive by the said Governor's letters that he approves his conduct. The other priest, Mr. St. Poncy, he has sent back again to this place; the minutes of Council will shew how we have received him, by forbidding him to exercise his ministerial function, and to depart by the first convenient opportunity ; the inhabitants have petitioned strongly for his officiating this winter, I have not given them yet any answer, nor can I yet inform your Lordships of the Council's resolution the affair lying still before them. I have sent home all the papers and letters on this subject that your Lordships may have a full insight into this matter, which I thought necessary because I am assured that the French Court will make some stir therein. No. I is Mr. St. Ovide's first letter after Mr. St. Poncy's arrival at Lewisbourg. No. 2 is my answer. No. 3 is his reply. No. 4 is Mr. St. Poncy's declaration in Council. No. 5 are the minutes of Council and No. 6 is the petition of the inhabitants signed by 107 of the chief of them. By some of the above papers your Lordships will be informed how high the French Goverment carries her pretentions over their priests' obedience and the people of the Province being all Papists are absolutely govern'd by their influence; how dangerous this may prove in time to H.M. authority and the peace and tranquility of the Province I believe your Lordships can easily forsee: And how to prevent the ill consequences, I know not, without we could have missionaries from places independant of that Crown, but this will prove a considerable expence which the French King bears at present with alacrity for very political reasons. It is most certain that there is not a missionary neither among the French nor Indians, who has not a pension from that Crown. I shall not trouble your Lordships any further in this matter, only to beg that your Lordships would please to honour me with H.M. Instructions and directions how to behave myself in affairs of this nature for the future. The brigantine Baltimore of which I wrote to your Lordships before, I have now brought into this port; and as to the person who called herself Mrs. Buckler, I have now sufficient reasons not only to suspect her relation, but likewise herself. It's reported that the vessel aforesaid sailed from Dublin last fall with about sixty or seventy passengers most of them convicts, who it is supposed rose upon the owner Mr. Buckler, the Master and Company and committed a most barbarous massacre, and afterwards not knowing their course, or afraid to enter into any place where they might be known put in to a most unfrequented harbour in this Bay where they all perished (God knows how) except that miserable woman who perhaps was too deep involved in the guilt to discover the true story of their misfortunes. Signed, L. Armstrong. Endorsed, Recd. 24th Feb., Read 17th March, 1737. 3 pp. Enclosed,
462. i. Governor St. Ovide de Brouilln to Lt. Governor Armstrong.
462. ii. Lt. Governor Armstrong to the Governor of Cape Breton. Annapolis Royal. 26th July, 1736. In reply to his letter of 1st July, (v. No. in), explains that he is mistaken as to the cause of his difference with the two priests he sent away "It was not so much for affronting myself and His Majesty's Council, as their affecting an independency and disowning H.M. authority in his own Dominions etc. The French Government would not have been so mild on such an occasion etc. Continues:—You are pleased to observe that the people of this Province are intitled to the free exercise of their religion by the treaty of Utrecht, which they cannot have without their priests. I am very sensible to the truth of what you say, but I must likewise remark that by the said Treaty it is stipulated that they shall only have it as far as the laws of Great Britain will allow. Now these laws very expressly declare the King's Majesty to be supreme in all causes and over all persons whatsoever in this own Dominions, consequently priests as well as others, whilst they reside in this Province, are obliged to obey his lawfull orders. You seem to lay the blame on me, that the people here are deprived of the ministery of their priests etc., but I was no ways in the fault, the priests flying in my face, insulting the King's Council, and refusing obedience to the lawfull orders of authority with disdain and contempt etc. Suppose the woman [Mrs. Buckler], (v. June 29 and covering letter) to be such a person as you imagine her to be, yet I had sufficient reasons, as I was informed, that a rich vessell had been seized and plundered by the Indians at Tiboque, several murders committed etc., to make all the enquiry I could to discover the authors etc. And as I was determined to send a Commission Officer for that purpose to Pombcoup, I thought proper to direct one of the priests to go along with him to exhort both French and Indians to make discovery of what they knew, and restitution and satisfaction for the injuries they had committed. M. Dentremort (v. June 2) was of opinion therein that this would be the most effectual means to lease the truth; nay. M. Chevereaux now seems to be of the same mind, who I find has stopt at Cape Sables in defiance of my orders, tho' he would not go half the way in obedience to my commands etc. Has sent an account of the proceedings home, and until he receives H.M. orders thereupon, cannot admit the return of these two priests, nor of any other tainted with such rebellious principles. Signed, L. Armstrong. Copy. Signed, Otho Hamilton, Sec. Endorsed as covering letter. 3 pp.
462. iii. M. St. Ovide de Brouillan, Governor of Cape Breton, to Lt. Governor Armstrong. Louisbourg. 8 Oct. (n.s.), 1736. Reply to preceding. Abstract. The two priests St. Poncy and L'Accadie were at most only lacking in politeness in refusing to obey your orders, which would have sent them away from the care of the flock committed to their charge. Their function, as agreed by you when I sent them as Missionaries, was limited to the religious instruction and spiritual aid of these people. It was in no way concerned with the affair over which you sent them away, nor did it give you power to use them for that purpose. The Article of the Treaty of Utrecht does not say that the Missionaries sent to instruct the French inhabitants in their religion should be regarded as subjects of the King of Great Britain and subject to the orders of those in command in the Province. Besides, their residence being only accidental, ought not to be looked upon in the same light as that of inhabitants who remain by choice and their own free will. As you do not complain that these ecclesiastics have led the French inhabitants to withdraw from the obedience due to you, I do not see that their action merits the punishing you have inflicted upon them. Regrets that it is his duty to send M. de St. Poncy to the ministry to wh. he was appointed by the King's orders, and hopes that the Governor will permit him to execute his religious functions there, to which he has expressly instructed him to confine himself etc. Has sent an account of these proceedings to the Court of France, and thinks that they ought to make no change in the conduct of affairs till the matter is settled there etc. Concludes:—M. de St. Poncy having been ill last year keeps near him M. de Chevereaux, who was sent from France by the King's orders to minister to the savages about the East coast of Acadie, aw I have had the honour of informing you. I was surprised that this Missionary did not go there last spring. In withdrawing from Annapolis Royal now he is only following his first destination etc. Signed, Brouillan. French. Copy. Same endorsement. 3 pp.
462. iv. Same to Same. 1st July, (n.s.), 1736. Abstract. Acknowledges letter and deposition of Mrs. Buckler, Charles Dentremount and George Mitchell (v. 19th June). I see Mrs. Buckler makes great complaint of the savages of Cape Sables and the losses she has suffered. Nothing could be more fabulous than her statements. It is fortunate for her that no one remains on the Baltimore to enlighten you as to the truth. I think this woman is a wicked adventuress, and is perhaps guilty of dreadful crimes on this occasion. For is it possible that she alone could endure all the fatigues and ills which have caused the death of all the crew? I will do my best to find at least a good part of what the savages have pilfered from the ship. Expresses his surprise at the arrival of M. de St. Poncy, Curé of the parish of Annapolis Royal. Reminds him that the Treaty of Utrecht provides that the Roman religion shall be observed by the inhabitants, which can only be performed by the Missionaries. Continues:—I have done all that was possible to find subjects agreeable to the Government, and recommended to them above all things not to concern themselves in any way with temporal affairs. You inform me that M. St. Poncy and Cheveraux have shown a lack of respect in their language to you and the Council. But I should not have thought that a considerable number of poor inhabitants ought to be deprived of spiritual aid for so trivial a reason. It is very difficult to find Missionaries who are willing to go and sacrifice themselves in places such as those, and it costs the King my Master considerable sums. M. de St. Poncy wished to sail for France, but I have detained him here, in order to learn whether you would be willing that I should send him back to his parish. I shall never do it without the consent of yourself and Council; all the good which you have written to me about this missionary, and all I have been told by people of your district, make me hope that you will be willing to forget les petites vivacités which occurred on that occasion etc. M. Cheveraux has remained at the Mission of Cape Sables, to minister to the savages of the East coast, as I had directed him last year etc. I am writing to him to do all he can to discover all the savages have plundered from the brigantine, and the truth of this affair etc. Signed and endorsed as preceding. French. Copy. 2¾ pp.
462. v. Petition of inhabitants of the River of Annapolis Royal to Lt. Governor Armstrong. Request that M. de St. Poncy may be allowed to perform his Ministry amongst them, as they have long been deprived of all sacraments etc. Signed by, "107 of the principal inhabitants." Endorsed as covering letter. French. Copy. 1¾ pp.
462. vi. Ministry of Council of Nova Scotia, 20th and 25th Oct. and 10th and 11th Nov., 1736. The return of M. de St. Poncy was unanimously voted to be highly presumptious and injurious to H.M. authority. It was resolved that no priest should be allowed to exercise his ministerial functions until he has taken an oath of fidelity to H.M. during his residence in this Province, and that all letters relating to this affair be transmitted home for H.M. directions. . St. Poncy, examined (25th Oct.) explained that he had been commanded back by the Governor of Cape Breton in the King's name, and to ask leave of Lt. Governor Armstrong to continue his parochial functions. The Council decided that he should be sent out of the Province by the first opportunity, and not be allowed to exercise his priestly function, but give his parole not to remove out of the ban lieu. St. Poncy gave his word accordingly, promising to give no offence to the Government during his stay. On Nov. 10th the petition (No. iv) was read and ordered to lie upon the table etc. Endorsed as preceding. Copy. 2 pp. [C.O. 217, 7. ff. 202–213 v., 214 v.].
Nov. 24.
463. Mr. Verelst to Mr. Popple. Abstract. Reminds him of petition for stores of war for Georgia referred to the Council of Trade and Plantations 30th July, 1735. Being alarmed with reports of dangers with which the new settlement is threatened. the Trustees beg for the Board's directions thereupon. Signed Harman Verelst. Endorsed, Recd. Read 25th Nov., 1736. Addressed. Seal 1 p. [C.O. 5, 365. ff. 151, 152 v. Copy in Trustees' Letter Book, C.O. 5, 667. p. 2.].
Nov. 24.
464. Wavell Smith to Mr. Popple. I send you an attested copy of the Assembly of St. Christopher's message to the Council offering £110 p. annum for publick business in lieu of the Act appointing £60 p.a. I hope you have laid the paper before their Lordships that was put in answer to some observations made by Mr. Sharpe or somebody on the accot. allowed, and stated by the Governor and Council of St. Christrs. abroad, and ever unobjected to by the Assembly. I beg the favour you will let me know when I may expect their Lordships' report, for I have a great deal of money due to me which I can't come at till that Bill is rejected, and in the meantime Mr. Mathews has employed the clerks in the Office at St. Christrs. for Minutes of Council and sundry papers (said by him) to be sent for by the Board of Trade. This shews the injustice of any stated sum for publick business and I hope will induce their Lordships as they demand a variety of papers for H.M. Service to be of opinion that the Secry. who furnishes them ought to be paid what has been the usual allowance for the same, especially as he has no salary from the Crown, and his income arises from eventual fees. Praying if you have any commands for me, direct for Mr. Dodsley at Tully's Head, Pall Mall. Signed, Wavl. Smith. Endorsed, Recd. Read, 25th Nov., 1736. Addressed. 1 p. Enclosed,
464. i. Resolution of Assembly, St. Christopher, 1st July, 1735. Concurring with Council that the Secretary be allowed £110 current money p. annum in lieu of £60, the present settlement for executing the office of Clerk of the Council and Clerk of the Crown, provided he accepts the same for all charges whatsoever attending the execution of the said offices. The Secretary having represented that there was due to him, at the time of making that Act which settled the said £60 p. ann. upon him in satisfaction of all demands he otherwise might have made for services done as Clerk of the Council and Clerk of the Crown, the sum of £188, for which he was allowed but £70, tho that was a debt due to him from the publick before the making of the said Act which had no retrospection in such cases and this House being of opinion that the said debt ought not to have been considered under any rules prescribed by that Act, but to have been settled according to the methods used on such occasions, before the said Act was in force. We therefore desire you wou'd agree with us that the said Secretary be paid the sum of £118, being the ballance on the aforesd. £188 etc., provided he can make it appear that so much was then justly due to him according to such former methods of settling such accounts. Signed, A true copy. James Losack, Clk. Assembly. 1 p. [C.O. 152, 22. ff. 236, 237, 239 v.].
Nov. 24. Whitehall. 465. Council of Trade and Plantations to the Committee of Privy Council. We have had under our consideration, your Lordships' reference of the 3rd of June last, and the Petition therein inclos'd, of Murray Crimble and James Huey of London merchants in behalf of themselves and several others, praying for a grant of lands in North Carolina, and proposing to make a settlement thereon of six thousand Swiss, Palatines and other foreign Protestants of Germany, within the space of ten years, from the date of their grant. Upon the subject of this Petition we have several times been attended by the Petitioners, whom we find willing to undertake the settlement proposed in North Carolina, in an uninhabited part of the country. At the heads of the Pedee, Cape Fear, and Neus Rivers, under the following conditions, vizt., That they be allow'd one million two hundred thousand acres of land to be survey'd in twelve different parcels of one hundred thousand acres each. That these twelve parcels be laid out, as contiguous as may be, but none of them to be at any greater distance than ten miles from some other of them. That these twelve parcells so survey'd be granted by the Governor to Mr. Crimble, Mr. Huey and their associates, in such proportions as shall be required by them ; but no grant to contain less than twelve thousand acres. That Messrs. Crimble, Huey and their associates do pay the usual fees for surveying and passing the grants of the said tracts. That all the grants be made by the Governor immediately upon the return of the surveys to him and that they do bear equal date with each other. That the commencement of the Quit rent be computed from the expiration of ten years from the date of each particular grant; which Quit rent, is to be four shillings Proclamation money for every hundred acres included in the said grants. Altho the quantity of land propos'd to be settled in this manner is very great, amounting to the proportion of two hundred acres for each person design'd to be settled thereon in ten years, yet as the Petitioners propose, not only to transport at their own expence the aforesaid six thousand foreign Protestants, to be at the charge of laying out and surveying the land to be assign'd to them, but also to provide provisions for them, for the first year, and the necessary materials for labour, we cannot but think their undertaking very much for H.M. Service, and the interest of a Province, where there are vast tracts of land, neither cultivated nor claim'd by any person ; especially as it will be the means of encreasing H.M. quit rents, improving the trade of the Province, and extending their settlements by protecting their frontiers. We are therefore of opinion that H.M. may be graciously pleas'd to comply with the prayer of their Petition and instruct his Governor of North Carolina to grant to the Petitioners the land they desire in the manner before proposed, and upon the conditions aforementioned ; provided he take care in the grants to be made for this purpose, that no parts thereof be already granted to any other persons, and provided that if within the ten years aforemention'd each grantee do not carry over and settle one white person for each two hundred acres of land contained in his grant according to the proposal, such grant shall be void [C.O. 5, 323. ff. 123–125].
Nov. 24.
466. Council of Trade and Plantations to the Committee of the Privy Council. Representation upon petition of Samuel and Joseph Wragg, referred 14th Aug. 1735, for grants of land in South Carolina. Have been attended by Samuel Wragg and Mr. Shelton on behalf of Joseph Wragg. Continue:—Petitioners are willing to engage themselves not only to pay the usual quitrent of four shillings Proclamation money for every hundred acres contain'd in their grant from the date thereof, but to transport thither at their own expence three hundred persons, within the term of five years. They have also proposed to pay their quit rent either in Carolina or in London: But as there are proper officers in the Province of South Carolina, to whom every person who holds any land there is accountable for the quit-rent thereof, we must submit it to your Lordps. whether it be more eligible to continue the usual method etc., or whether the quit rent to become due upon these two tracts shall be paid into the Treasury here. With regard to the petition in general, we see no objection why H.M. may not be graciously pleas'd to comply with the prayer thereof, provided orders be sent to the Governor of the Province, that he take care in making the grants petition'd for to except out of them such parts thereof, if any, as may already be granted to or settled by any other person; that the petitioners be obliged to import into the Province three hundred persons, within the first five years, from the dates of their grants ; and that the aforementioned quit-rent do commence from the dates thereof. [C.O. 5, 401. pp. 186–189].
Nov. 26.
467. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law, Act of Virginia, 1734, to vest certain entailed lands etc. in Charles Tomkies, Gent. etc. [C.O. 5, 1366. p. 140].
Nov. 26.
468. Mr. Partridge to Mr. Popple. Encloses following by Capt. Caine etc. Signed, Richd. Partridge. Endorsed, Recd. 26th, Read 30th Nov. 1736. ½ p. Enclosed,
468. ivii. Copies and translations of the French papers of the process against Capt. Caine (v. Nov. 20). Warrant for his imprisonment at Martinique ; his petition for defence; his examination ; acquittal on first charge ; appeal against order for paying costs ; condemnation at second trial etc. 10 pp. [C.O. 5, 1268. f. 230].
468. viii. Memorial by Edward Caine, drawn up in Paris, to serve for instruction to Lord Waldegrave etc. 9 pp. [C.O. 5, 1268. ff. 230–232, 233–235, 236–237, 238–242, 244 v.].
Nov. 26.
Santiago do
469. Mr. Cocke to Commodore Dent. Nov. 3, (n.s.), 1736. Altho hitherto have not been hond. with your acquaintance, still have had the pleasure of knowing your worth, justice and merit in all your proceedings, the which induces me first as I think it's my duty to my country, and secondly as am certain you will prevent if possible all mischief that are or shall be cooking or hetching against H.M. Colonys, therefore as this oportunity is of a sudden, have but just time to inform you that the 28th ultimo n.s. arrived here an advice boat from Cadiz in fifty days with some packets of letters for the Havana. She is to stay here but a few days, and then proceed for Cartaxena, with dispatches to the sevl. Governors of New Spain, with advice to the commerce of Lima, that there is coming from Cadiz seven merchant ships stiled by the name of register ships, and two men of war for their convoy. The material point which I thought was necessary of advising you is this, that in this advice boat came a gentleman passinger, he goes here by the name of Dr. Miguel Wall, he pretends he is an Irish man, and has he says a commission for a Lieutt. Colo, of Dragoons and also a Commission for Captain of a man of war, which he says is now ready for him in the Havana, he has letters of credit and recommendation from Patino. He is very gay and brisk, and our Govr. here made very much of him, and gave a charge to the Alcalde of his district to see the said gentleman should want for nothing in his way to the Havana, the bustle and stir they made here of this man's arrival made me a little inquisitive, and curious to know what errant he was sent upon, by the King of Spain, accordingly invited him to the Factory to dinner, and finding him a free, facetious gentleman, and loved his glass, I applyed him home, and as oftentimes men over their cups drops words strangely they don't think of, so by this means I came to the knowledge he was no Irish man, nor was his name Wall, but if I am right his name is Peter Jacob D'Tombe formerly a lieutenant in the English Service, but am not certain of it, but as to his errant he came upon think I pretty well sifted him, and it seems he is to make a descent on the new settlement of Georgia. He is to be supplied both money and men at the Havana, and to go with his man of war and other craft and peraguas to St. Augustin in Florida, and there joyn another party, with some Indians to march to Georgia. He seems to me to have a notion, as far as I learn, to have a Proclamation publish'd in the King of Spain's name, that all slaves that will come in to them, shall have their freedom and a reward etc. This is all I know at present, so I conclude that I sincerely wish, that this gentleman may be disappointed by an early advice to the Governor or Chief Commander of that Colony, and if I can be serviceable in my present station as Factor to the Royal Assiento Company, or otherwise, none shall be more ready or punctual to execute your commands than, Signed, Leonard Cocke. Copy. 2½ pp. [C.O. 5, 388. ff. 137–138].
Nov. 27.
New York.
470. Lt. Governor Clarke to the Council of Trade and Plantations. In my letter which I did myself the honour to write to your Lordships the 18th of October I acquainted you that I had reced. Her Majestie's Instructions directing the Form of pray'r for the Royal Familly but not having then time to inform your Lordships particularly of affairs I beg leave now to give you a plain and further narrative. When Morris arrived at Boston, not knowing how things stood here he owned that the Administration of the Government would remain in my hands till the King's pleasure should be known, and his son who came with him said he saw the Instruction mentioned made out for me in one of the offices at home, that he offered to bring it but was refused, but said that it would be sent to me in Pajecoe's ship, this peice of news was incerted in our Gazette hopeing some good effect from it. But Morris had not been long at Boston before he and his son changed their note and denyed what they had before said, whether upon the informations he might receive from his friends here of the measures they were takeing to keep the Assembly from sitting, or upon discourseing his son in law Capt. Norris who went to Boston to him, I don't know tho the circumstance of time in which they changed their note happened to be just after Capt. Norris arrived at Boston; however it was, the design was about that time laid to prevail wth Mr. Van Dam to appoint a Mayor and other officers for this City and the like for Albany wch. he did on the 29th of September that being the anniversary day for that purpose tho they are not sworn into their offices till the 14th of October; about the 9th of October Morris came to town, being met by Mr. Van Dam and many of his friends with whom he marched thro the streets to a tavern where a supper was prepared: Morris, I am told, seem'd surprised that Mr. Van Dam had not the Administration of the Government in his hands, assured them it belonged to him, complimented him, drank his health and adress'd himself to him by the title of President of the Council and Commander in Cheif of the Province, insomuch that those who were present at supper expected every moment to see him produce some orders for that purpose: before the company broke up, Morris made a long harangue to incite the people to persist in their measures against the Government, concluding his speech thus, let us stand by one another and hang them or they will hang us; on the 12th of October the members of the Assembly who were in town met to debate whether they should sit, Morris, who is one of them bringing a great number of people with him, and throwing open the door of the Assembly Room hopeing by the appearance of so many to deter some of the members who were for sitting, but ye majority carrying it for shutting the door they enter'd on the debate wherein Mr. Van Dam's and my right to the administration of the Government was canvassed, Morris argued strongly for Mr. Van Dam and among other things said that he was so well assured of Mr. Van Dam's right that if he would give him a Commission he would act under it; this confident speech deliver'd by a man just come from England and who it was supposed knew how the thing was understood at home stagger'd some good men, but there being more members expected in town that evening they put off the further debate till the next day, but early in the morning of that day before the members were to meet, Pajacoe's ship came in and brought the Instruction, so surprising an event astonished the whole Faction, every man saw then plainly the truth of what had been wrote from Boston, that that. Instruction would be sent in Pajacoe's ship to me, and were highly enraged at Morris for thus imposeing upon them, blinding their eyes and leading them to the brink of rebellion and distinction, Morris finding the storm gathering against him hoped to weather it by his affidavit wch. he took, denying that he knew heard of or believed that that instruction would come directed to me, and his son swore too that he never said at Boston what I have before mention'd; however the events hapening just as they were said they would in Bradford's Gazette, established the truth of what was there said beyond all doubt, and every one beleived the father knew it as well as the son, thus instead of clearing themselves they made all the world, nay all the Faction, look upon them as perjurd wretches and the vilest of men and are fallen never to rise again: that a tumult would have ensued and overt acts of high Treason would have been committed the next day will, I presume, be evident to your Lordships from hence, for that the next day Van Dam would have sworn his Mayor and other officers into their offices, I must have done the like to those of my nomination ; there being then two setts of officers each would have acted, the people were prepared to support Mr. Van Dam's I must have supported mine who would have sent to me for assistance, and I must have sent them a detatchment from the garrison both to protect them and to have assisted them in quelling the tumult in which many lives on both sides might have been lost, and many more been guilty of high treason; but if it should be said that all this was done only to keep the Assembly from sitting and that Mr. Van Dam would not have sworn them, let it be considerd that had that only been their intention they would not have put him upon sending Commissions to Albany for the Mayor, Sherif and Recorder of that City with a dedimus to swear them on the same day which he could not recall ; for, fearing the sloop by wch. they were sent would not arrive time enough, they ordered the master of it to send it express by land if he saw there was occasion, and the master finding he could not reach Albany in time did send them by an express wch. arrived there the night before they were to be sworn; however they were wiser than those who sent them and would not qualifie themselves, but that Van Dam could not foresee, nor could he have recall'd in time his dedimus or commissions, and that there was no tumult or rebellion at Albany is not owing to Van Dam or his advisers, for, poor man, he is not capable of judging for himself and is much to be pitied, and if it be true that Alexander Smith, and the other ringleaders of the Faction here, were (as I am told they declare they were) kept in the dark as to the Instruction and incouraged by Morris to go the lengths they did, the blame will all lye at his door. The Instruction comeing so seasonably the Assembly met the same morning and put the Speaker in the Chair, the season of the year would not suffer them to sit long, and from thence and for want of having the Treasurer's accounts they have put off the providing for the deficiencies of the Revenue, wch. are very great, to the next Session ; this was a cruel stroke to me who am already above a thousand pounds out of pocket without having reced. a single shilling from the Treasury since Brigadier Cosby's death, or a possibility to receive a shilling till the deficiencies are made good, I am obliged to live at a great expence and to pay all contingent charges out of my own pocket, if a Govr. should be appointed before that be done I am inevitably ruined, nor is there any other possible way to revive the spirit of party or to prevent me from establishing the peace and content of the Province fixing it upon a sure foundation and makeing it a more flourishing country than ever and this I dare undertake to do at the hazard of all that's dear to me if H.M. will be graciously pleased to give me a further continuance in the administration of the Government, but if a Govr. conies before these things are fully settled the province will be thrown into as great convulsions as ever: I beg leave therefore to become an humble petitioner to your Lordships for my own sake, for the sake of the officers of the Government who groan under a long arrear of salary but especialy for the sake of the Province to consider our past miserys, our present condition, future expectations and to represent all to H.M. in such a light as your Lordships think best for H.M. interest and the quiet and prosperity of the province, wherein I beg to be understood too of such Instructions and orders as may enable me to quiet the fears of those who may live in apprehension of being question'd for their past actions; as yet I have called no man in question and I dayly find the good effects of it. On the 10th instant I put an end to this Session of Assembly prorogueing them to the last Tuesday in March, having first given my assent to all their bills tho it was strongly insinuated I would not as they had not made good the deficiencies of the Revenue, they were wonderfully pleased that I assented to them and so they were that the Council satt this Session without me, it being never done before, we parted in very good temper and they promised to do next Session what I proposed this. The Bills that I assented to are these. 1st An Act to continue the Militia Act. 2nd An Act to revive the act for the speedy furnishing and releasing such persons from imprisonment as shall comitt any criminal offences in the City of New York under Grand Larceny. 3rd An Act to revive an Act for mending and keeping in repair the post Road from New York to Kingsbridge. 4th An act to revive an act to prevent swine running at large in Dutches County. The first of these Acts being to continue one in being and the rest to revive others that have formerly passed and expired by their own limitation want no, remark. 5th An Act to enforce part of an act for raising fifty pounds in Schanectadie. This act I think very just and necessary both as it provides for the payment of money advanced by private persons for a publick service and as it enables the people of the town to mend their streets which in some places at some seasons of the year are not passable for carriages, which is very inconvenient to the inhabitants who carry on a considerable trade of flower and other goods. 6th An Act continuing the Act to let to farm the Excise. This is an anual act with this difference only that this year the Excise of New York is by the Act itself let to a particular person who gives more than in other years it has been let for. 7th An Act for paying sixty pounds to Mr. Barclay. This young man has apply'd himself to the learning the Indian language, has taught the Indian children to read and write and brought many others over to the Christian Religion; he is going to England to take orders and hopes to be employd by the Society for propagating the Gospel as their Missionary to the Indians; the thing deserves encouragement and I hope will have it. 8th An act to Enable the Justices of Peace in Orange County to build a new Jail. This is a very necessary work in all places and in this it is very much wanted. 9th An Act to revive an act for the speedy punishing and releasing such persons from imprisonment as commit any criminal offences under the degree of Grand Larceny in the several counties therein mentioned and to include the City and County of Albany and the County of Suffolk. The Act that this revives has been found so very beneficial that not only the Counties to which it extended desired a revival but others have desired to be included in it. 10th An Act for the better clearing regulating and further laying out publick High Roads in the County of Westchester. This act is necessary for the ease and benefit of travellors and for all the people of the County, nor can any new roads be made or the old ones kept in repair without it. With the Acts I do myself the honour to send your Lordships the Journals of the Council and Assembly ; and also the Minutes of Council to the 18th of November, whereby your Lordships will be pleased to observe that I have not drawn any warrants since those became due the first of June, hopeing that H.M. will be graciously pleased to give me the whole salary, as I have the whole burthen of expence, wherein I humbly entreat your Lordships to give me your protection, and if I draw for one half only I doubt and am almost sure the Assembly will not make any provission for the other half when they make good the deficiencies etc. Signed, Geo. Clarke, Endorsed, Recd. 21 Jan., Read 25 Jan. 1736/7. [C.O. 5, 1058. ff. 163, 163 v., 164, 164 v., 165, 165 v.].
Nov. 29.
Cape Fear.
471. Governor Johnston to the Council of Trade and Plantations. The inclosed proposals I have drawn up after trying what could be done for H.M. interest and the settlement of the country, with two Assemblys and after considering with all the attention I am capable of the State of the Province and the dispositions of its inhabitants. Ever since the year 1719 when South Carolina rebelled against the late Lords Proprietors, the Assemblys of this Colony have been encroaching upon the rights and revenues of their superiours at home, and the first Governor from the Crown here did so entirely neglect everything relating to its interests, that the people are fully persuaded they may make as free with H.M. now as they did formerly with the Lords Proprietors. I doe not know any method so effectual to convince them of the contrary as H.M. establishing some such orders as these because they will then see plainly H.M. can doe himself justice without their assistance which is a point that all the pains I have taken (which have not been small) has never yet been able to convince them of, and if there is not something done soon to shew them their mistake, it may, nay it certainly will, in time prove a very troublesome affair. As H.M. is Sovereign of the Province and Proprietor of seven parts in eight of the soil, I do not apprehend that there can be any objection in point of law against anything contained in these proposals. As to the Laws of the country, there are none of them (except six which don't at all relate to these matters) confirmed by the Board of Proprietors, without which confirmation and its being declared publickly at the next Biennial Assembly the Charter pronounces all laws void, so that the king has all these laws in his power. Whether your Lordships will judge it expedient to advise H.M. to make such orders is what I must humbly submitt to your better judgement. I shall however give the reasons why I offered them to your consideration, as to the first two I hope I have said enough in mine of the 16th of last month from Edenton. For the 3rd I must observe to your Lordships that the people who hold lands under the late Lords Proprietors are not oblidged by their patents to bring their rents to any certain places, and consequently (as I am told by the lawyers) the rents can't be demanded but on the lands themselves, I was mightily puzled with this difficulty when I began to collect the quitt rents, for their habitations are so scattered and lye at such a distance from one another, that it is impossible the Receiver could go about among them, I was therefore obliged to take the method mentioned in this article to induce them to come to the Court houses and pay, by which I got pretty well over the difficulty for that time, but lately since Mr. Burrington's paquets have come in, this objection is trumpt up again and instill'd into the minds of the people with more assiduity than ever, so that I think it is become necessary to have H.M. sanction for it. In South Carolina they pay at three places only for the whole province. As to the latter part of it about commodities, it depends upon your Lordships' judgement whether they are to be allowed to pay in any. If you think it proper to indulge them so far, there must be some such restriction as to the places for receiving it. I believe I need not enlarge on the 4th article, the necessity of some such order being self evident, as also that of the 5th. There are a great many persons satt down on lands who have never apply'd for any grant. The reason they give for it is, that they are assured by Mr. Moseley and the family of the Moores, that the quitt rents are too high for the poor people and that they with the assistance of Messrs. Burrington and Wrag will procure an abatement at home, and then it will be time enough for them to take out grants. In order to explain the 6th article I must inform your Lordships I brought over a draft of a patent by the late Attorney General and present Lord Chief Justice. But upon the first Assembly's rejecting the Quitt rent law, it was thought proper in order to secure H.M. rights to make some provisions in the body of the patent. The first was that the quitt rents should be payable at such places as the Governor in Council should appoint and this was to prevent the inconvenience I have now mentioned. The second was that a doquet of that grant should be entered with H.M. Auditor or his deputy in six months and the third this clause of cultivation, without these the patent was to be null and void. Experience has justified the prudence of the two first of these provisions, but tho I think the third was an error on the right side, it has been a vast hardship on many poor families. If they possess 500 acres of land, in three years they are obliged to cutt down the trees (which are here very large and grow very close) of 15 acres of land and to plant and fence it in. I now plainly see that it is impracticable unless they entirely neglect building a tollerable house or raising a stock of cattle, the want of either of which exposes them to great sickness and misery in a country where both the heat and the cold are extreme. There will in particular be a great demand for cattle if so many forreigners come into the country. It is therefore proposed that there be such an alternative as is expressed in this article which will equaly oblige the people to reside on their lands as the former, which is a much more rigid cultivation than is required in any part of America. It was thought more proper to apply to H.M. to do this than for the Governor in Council, because precedents of any alteration in form of grants already established ought to be avoided as much as possible. The form of a patent is in the Minutes of Council sent to your Board. The 7th article your Lordships will find very reasonable if you please to consider that Edenton is within thirty miles of the Virginia line and two hund'd. miles distant from Cape Fear where most of the Council have their habitations and Newbern is much nearer the center of the Province. I have not been able to hold above two Courts of Chancery since I came into the Province upon this account. If there is any law confining the Courts to Edenton, it is more than I know, but if there is, it never was confirmed by the Lords Proprietors, and the Province is so much altered since, by the peopling of the southern parts that it is highly proper to repeal it etc. Thomas Wardroper Esq., late Surveyor General recommended by your Lordships as a fit person for a Councilor is lately dead. PS.— If there are any patents since 1724 confirm'd, which were not preceeded by regular surveys I must once more repeat it, that it will cause very great confusion in this province. Signed, Gab. Johnson. Endorsed, Recd. 18th March, Read 22nd April, 1737. 3¾ pp. Enclosed,
471. i. Orders proposed to be made by H.M. in Council for preserving H.M. revenue, and quieting the minds of the inhabitants in their possessions in N. Carolina etc. 1st. That the Biennial Law passed in the time of the late Lords Proprietors be repealed, and no precinct in the Province of North Carolina be allowed to send more than two members to the Assembly, on any pretence whatsoever, and that no law for erecting any new precinct for the future shall be of force until H.M. pleasure is known. 2nd. That in order to putt an end to all disputes which have arisen about the validity of Patents granted in the time of the late Lords Proprietors it be declared: 1st., that no patents dated before the 25th March, 1724, shall be called in question upon any pretence whatsoever by H.M., his heirs or successors: 2nd., that all persons who hold lands by patent under the Lords Proprs. since the year 1724, if they have cultivated or built upon the same shall (notwithstanding the late Lords Proprietors' prohibition to the Governor and Council to dispose of any more lands) have them confirmed at the quitt rents mentioned in their patents, upon proof made on or before the 25th March, 1738, before the Governor in Council that such patents were preceeded by regular surveys, if not regularly survey'd, they may still have them at the quitt rents mentioned in H.M. Instructions. 3rd. That no patents for lands dated since 1724 which have never been cultivated or built upon shall be deemed valid or good without proof being made in the time above mentioned of their having been preceeded by regular surveys. 4th. That all patents in the name of the Lords Prop, dated since the soil became vested in H.M., be [torn] such as have cultivated even under these Patents a [torn] upon the lands at H.M. Quitt rents. 5th. That in receiving the rents due for lands held under [torn]. If the Receiver is oblidged to go upon the lands, he shall take the said rents in gold and silver and in nothing else. But from such as attend at the recept at the Court houses of the respective precincts he shall accept of payment in bills of currency of the Province at the exchange as shall be setled yearly by the Governor in Council, and that he be oblidged to accept in payment of quittrents of hemp merchantable and well dressed at the rate of 20 shill. p. hundred and flax well dressed at the rate of 30 shill. p. hundred. Provided they are delivered free of all charge at the following places viz. Edenton, Bath, Newbern and a place commonly called Newton on Cape Fear River, and all rents for lands held under the late Lords Proprietors be paid in or at the rate of sterling money. 6th. That the Attorney General shall prosecute with the utmost severity in the Court of Exchequer all persons who have or shall presume to box pine trees or burn light wood on H.M. lands, and that on the conviction of each offender the Receiver General be ordered to pay twenty pounds currency to the informer. 7th. Whereas many persons have satt down on H.M. lands and neglected to take out grants or patents for the same. That all such persons shall be charged with the payment of quittrents from the time of their possessing these lands, and this rule to be observed for time to come, and in case they shall continue above the space of one year without applying for a grant then the lands may be granted to any other person applying for them. 8th. That among other conditions of the grants or patents for lands in [North Ca]rolina, It is expressly provided that the grantee within [torn] years after the date of his grant shall clean and cultivate at [?least thre]e acres for every hundred so granted. In order to encourage the inhabitants to build good and sufficient houses on their lands and to breed and rear live stock. That for the future the said clause of cultivation shall be expressed in the following words "Provided always that in case the said AB., his heirs or assigns shall not within the space of three years after the date hereof clear and cultivate according to the proportion of three acres for every hundred, or build a good and sufficient house or put and keep upon the said land five head of black cattle and ten hoggs, and also etc., and that the same method of cultivation shall take place in all the lands already granted by H.M. and be reckon'd as sufficient if express'd in the grant. 9th. That as the holding all the Courts, particularly that of Chancery where all the members of H.M. Council are oblidged to attend at a place so near the extremity of the Province as Edenton, is found to be by experience very inconvenient. That for the future the Court of Chancery be held twice each year, viz. on the first Tuesday of December and first Tuesday in June at Newbern, at present the most central place of the Province, where all the members of Council shall be oblidged to attend under pain of suspension without a reasonable excuse, and at the same time and no other all grants for lands shall be passed by the Governor in Council, and that the Governor with the advice and consent of Council may remove the other Courts to Newbern when it shall be judged for H.M. service or the good of the Province, and that the offices of the Secretary, the Surveyor, Receiver and Auditor General with all other offices be for the future kept in the said town of Newbern, any law custom or usage to the contrary notwithstanding etc. Same endorsement. 3½ pp. Torn. [C.O. 5, 295. ff. 83–86 v.].
Nov. 30. 472. Mr. Fane to the Council of Trade and Plantations. Has no objection in point of law to Act of Virginia to vest certain entailed lands etc. in Charles Tomkies, Gent, in fee simple etc. Signed, Fran. Fane. Endorsed, Recd. Read 30th Nov., 1736. ¾ p. [C.O. 5, 1324. ff. 34, 37 v.].