America and West Indies: October 1735, 26-31

Pages 91-106

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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October 1735, 26-31

Oct. 27.
146. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations. Signed, W. Sharpe. Endorsed, Recd. 14th, Read 18th Nov., 1735. 1 p. Enclosed,
146. i. Petition of William Hodgson to the King. Abstract. The late Lords Proprietors of Carolina granted petitioner in 1715 four baronies annexed to his title of Landgrave, and also baronies annexed to his title of Cassique. He registered his patent in Carolina, and has been at great expense in getting several parcels of land admeasured and planned out. But H.M. late Governor of S. Carolina would not permit him to run out the rest, although he has not been guilty of any neglect or forfeiture of his patent, neither could he have his plans registered sooner, in regard the Land Office was shut up soon after the grant, and immediately after the same was opened he applied to H.M. Governor etc. Petitioner intermarried with a sister of the late Lord Craven, a Lord Proprietor etc. Prays that his claim may be examined and instructions given to the next Governor accordingly. Copy. 12/3 pp.
146. ii. Copy of Landgrave Hodgson's grant, April 1715, referred to in preceding. Latin. 1¼ pp. [C.O. 5, 365. ff. 8, 9, 9 v., 10 v., 11, 12.]
Oct. 27.
147. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report thereon. Signed, W. Sharpe. Endorsed, Recd, (from Mr. Furie), Read 31st Oct., 1735. 1 p. Enclosed,
147. i. Petition of George Morley, Provost Marshal, S. Carolina, to the Queen in Council. Abstract. Holds his office by assignment of H.M. letters patent. Has been at great expense in going over and putting the office into order. There is no salary attached, and, there being no provincial gaol, petitioner has been obliged to fit up a house for that purpose at his own cost. The profits are very small, though the trust is great. Prays for an allowance out of the quit-rents etc. Signed, Geo. Morley. Copy. 1⅓ pp. [C.O. 5, 365. ff. 5, 6, 6 v., 7 v.]
Oct. 27.
148. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion thereupon. Signed, W. Sharpe. Endorsed, Recd. 12th, Read 17th Dec, 1735. ¾ p. Enclosed,
148. i. Memorial and Proposal of the Merchants of London, Bristol and Liverpool and others trading to and interested in H.M. Island of Jamaica, to the King. The said Island being by its situation, in a manner surrounded by the settlements of France and Spain, is in time of warr with either or both of those Nations, in danger of being taken and plundred, and lyable to have its trade and navigation annoyed and interrupted by the French and Spaniards ; but capable, if well peopled, with assistance of your Majesty's ships of war stationed there and by privateers belonging to the Island, not only to distress and plunder the French and Spanish settlements, but to annoy and interrupt their trade to and from the islands of Hispaniola and Cuba, Carthagena and Portobello, and other the ports of the Main, on the North side of New Spain. The produce of the said Island itself, in sugar and other commoditys, has been computed for many years past, at upwards of £700,000 a year; one part of which is sent from thence to your Majesty's Northern Colonys in America, as well as another part consumed in the Island but much the greatest proportion of its produce is imported into this Kingdom etc. Quote report of Council of Trade to House of Lords, Jan. 1735. Besides this, the situation of the Island intirely occasions a very great trade to be carried on by the South Sea Company or Assientists and other your Majesty's subjects with the Spaniards and others for negroes, provisions and other manufactures, whereby considerable quantities of silver and gold, cochineal and other dyeing goods etc. are brought annually into this Kingdom, to a very great value. The Island is capable of producing double the quantity of sugar and other the commoditys it does at present were it fully settled; and one great reason that the Island is not better peopled and settled is owing to several persons having, or being in possession of great tracts or runs of land and either refraining to settle them themselves or refusing to sell them to persons who would settle them etc. Quote report of Council of Trade, Jan. 1735. Continue: The number of white people capable of bearing arms, who have been always looked upon as the greatest security of the said Island, is now much less than at any time for more than forty years past and are daily decreasing insomuch that, by the best information your Memorialists can obtain, they are not 2000, at this time, and the Lords of Trade observe that "the Island is more destitute than ever of white inhabitants whereas the negroes are upwards of 100,000," whereby the inhabitants are in the greatest danger, not only from the negroes etc., but also upon a rupture with France and Spain etc. Unless some immediate and effectual incouragement be given, and steps taken, for procuring the welfare and safety of the said Island etc., it must unavoidably fall a prey, sooner or later, to a foreign or intestine enemy. Therefore etc., it is humbly proposed, That your Majesty will be graciously pleased to instruct the Governor of Jamaica to recommend to the Assembly to exert themselves in doing everything in their power for the better peopling and settling the Island, and particularly, First to pass a law free from all and every the inconveniencys or clogs of any former laws passed for this purpose, whereby all persons may be divested of those extensive tracts of land which now lye uncultivated, by the reassuming those antient grants that have hitherto been useless, even to the owners as well as to the publick ; and that no part or parcel of such tracts of land so re-assumed, shall be granted to any person or persons, but only such persons that may have a plantation already settled, and adjoining to any such land reassumed, and shall want land for the inlarging such plantation only ; or to such persons as shall be new setlers in or new comers to the Island and to no one person more than—acres, with a proviso in the said grant, that unless one-third or more of the land so granted, be cleared of wood, and planted, either in provisions or some of the product of the Island within—years the same to revert to the Crown. Secondly, the making provision by raising a sum of money, to incourage, for a term of years, all persons who shall transport themselves to the Island by providing every such person so transporting himself at his own expence. or transported at any other person's expence (not an inhabitant of or who has an estate or plantation in the Island already) within such space of time, with provisions and necessarys for the term of one whole year from the time of their severally obtaining grants of land, in order to their setling and becoming fixed inhabitants in the Island. Thirdly, whereas by an Act for regulating servants etc. 1682, it is enacted, that "all and every master or masters of slaves for the first five working slaves shall be oblidged to keep one white man servant, and if the number increases to ten, two, and for every ten after, one." And whereas such Act was repealed by an Act to incourage the importation of white men etc. quoted, and whereas the said Act is tacitly repealed by an Act now in force, and generally passed annually, whereby it is enacted, "that every owner of negroes not keeping one white man or woman, white boy or white girl, fourteen years old at least, for every thirty slaves shall pay etc." Therefore that every owner of negroes shall be oblidged by law, to keep a white man or woman for his every first ten negroes, two for his first twenty, and one for every twenty after or pay a certain sum in default, and that it be provided by law, that a register be taken of all the negroes that are at this time tradesmen or handicrafts of any kind, boat, canoe, or wherry men in the Island, and that only such negroes shall be employed in any trades, boats or wherrys, as shall be register'd, and that no negroes shall be brought up to any trades, or to be wherry, boat or canoe men for the future.
These articles your Memorialists imagine, from their information of the conduct of some former Generall Assemblys, may not be so readily come into by many Gentlemen who may compose as well the Council as the Assembly of the Island ; therefore they think proper to observe to your Majesty on the occasion that the expence the Island will be at in incouraging and increasing new setlers, and indulging and cherishing new comers, by giving them land, and providing them with provisions and other necessarys will be amply made up to the present owners of plantations, by raising the value of their estates in proportion as it will render them so much more secure : and that the charge of keeping a white man or woman, in proportion to the negroes mentioned, will be sufficiently made good to the planters in the advanced price of the product of their plantations, or the freight of it to Great Britain. If it be but considered that the negroes who may be intended for tradesmen, will answer to the planter near as much by working in the feild with the hoe etc. as the charge of the white tradesmen, as also that a greater number of white people in the Island will necessarily occasion a greater consumption of all kind of manufactures and provisions: that the greater the Island's demand shall be for all kind of manufactures and provisions, the greater will be its trade, and consequently, the greater number of merchants will exercise commerce to it, which will necessarily render all sorts of merchandize cheaper than otherwise in the Island and always occasion an increase of sniping to it which will ever be attended with the product of the Island being more wanted, and selling at a much higher price : and that, as it will certainly follow that there will be an increase of new settlements and people the publick taxes necessary to be raised will consequently soon be lessned to the present inhabitants by their living not only a greater number of persons to pay towards such taxes as shall be necessary to be raised on the inhabitants directly, but also a very great increase made to the revenue by the dutys of import and export settled for the support of the Government, which revenue, tho' some additional impositions were laid some years ago on several commoditys imported and exported has produced for many years much less than it did many years ago, cheifly owing to the decrease of the white inhabitants etc. Were what is here observed fully considered, and the false and narrow notions laid aside in general, such as that the importations and exportations of commoditys should be confined to one or two ports and all others be discouraged, which must necessarily put many of the planters to a great expence in carrying their product to market and occasion alt other necessarys and requisits for planting to come dearer to them ; and that the product of the plantations will sell the better, the fewer the settlements in the Island which has induced so many persons to ingross such great tracts of land, or that the raising money for the support of the Island by taxes on trade and navigation or imported commoditys and shipping, which is a great discouragement to traders sending their effects and ships to the Island, will ease their landed estates, which are all pernicious notions, and would they fall upon doing something among themselves for the increase of people and better settlement of the Island, not only their own interest would be ye better secured but the interest of their Mother country grately promoted etc. Propose that H.M. Governor be instructed to acquaint the Assembly that, in case they shall comply with these several things so much for their own interest etc., H.M. will not omit taking the first opportunity after your Majesty is informed of their compliance of recommending to the Parliament of Great Britain the giving assistance to the inhabitants of the Island, by the making effectual provision for the incouraging a considerable number of persons to transport themselves and familys to Jamaica to become settlers and fixed inhabitants of the Island : and to assure them that H.M. will take all other occasions of increasing and strengthning the Island, and incouraging the vent of sugar and all other the product of the Island. Though Memorialists conceive that the several things here proposed will, if rendered effectual, bring full security to the Island, and lessen the expence as well to this Kingdom in maintaining soldiers in Jamaica, as to the inhabitants in additional pay etc., yet as they will necessarily take up a considerable space of time, from the time when H.M. shall give instructions to His Governor etc., therefore they humbly presume, as well for the security of Jamaica, as the protection of the trade and navigation etc., that H.M. will be graciously pleased that the ships of war already under orders of being stationed at Jamaica may be increased by such a number of proper ships as your Majty. shall upon consideration of the importance of the Island of Jamaica, and the present situation of affairs, judge proper, etc. Quote from Act of 1734 for putting the Island under martial law for six months. After the passing of the Act military law was immediately published throughout the island and upon the expiry of the time limited by the Act another law was passed empowering the President by and with advice of the Council to continue martial law for any time not exceeding three months longer to the very great surprise and infinite prejudice of all persons who are either traders to or traders in Jamaica or that have debts owing to them or any kind of business to transact in the said Island, for that it does not appear by any information any of your Memorialists have been able to obtain or any of them have had by letters directly from their factors or correspondents in Jamaica that there was any real foundation for the proclaiming of martial law, and for that by the proclaiming of martial law the Courts of Justice are shut, no process can be had or proceeded upon for the recovery of any debt or demand, right or property whatsoever nor any great or considerable dealings or traffic either foreign or domestick carried on and the Governor may command the persons of any of your Majesty's subjects, as also their negroes, horses and cattle, ships and boats for all such services as he shall judge may be for the publick defence ; And whereas your Memorialists have reason to believe that after the expiration of the last mentioned Act martial law will be further continued, not only to the great prejudice of all persons trading to the island or who have debts owing them in it, but also to the great discouragement of the trade of this Kingdom and the better settling and peopling of the said island unless prevented by your Majesty's Royal Authority. Therefore they most earnestly request your Majesty that your Majesty will be graciously pleased to send immediate Directions to the Governor for the time being that he do not give his assent to any Act of Assembly to proclaim Martial Law or that he do not put martial law in force by virtue of an Act entitled An Act for settling the Militia for the future ; but in case of his having very particular and certain information of an invasion or a design in almost the whole or a very great number of the negroes to rise in more than one part or place of the island, by and with the advice and consent of a Council of War to be summoned for that purpose. And your Memorialists pray your Majesty to grant this their request in regard they conceive that neither by your Majesty's royal commission to your Governor, nor by the Act for settling the Militia there is any power either given, granted or vested in your Governor and others to proclaim martial law under any such pretence as the reducing, quelling or destroying any small number of rebellious or runaway negroes, especially so small a number as three hundred, which, from the best information your Memorialists have been able to obtain, are the highest number that have occasioned such uneasiness to some of the inhabitants of the Island as to induce them to impower your Majesty's Governor to proclaim martial law.
These the present circumstances of Jamaica and the hardships your Majesty's Subjects trading thither labour under by martial law, with what has occurred to your Memorialists as most effectual for the relief, encouraging the trade and better settling and peopling of an island of such importance to your Maty. and all your Subjects we have humbly presumed to lay before your Majesty and are unanimously of [opinion] That if the Assembly shall do but their part and your Majesty shall be inabled by Parliament to give them effectual assistance by incouraging a number of persons to transport themselves to the island, that the island will be so far in a few years from apprehending any danger either from foreign or intestine enemys that it will be so increased in people and new settlements as to be able not only to defend itself from any of its neighbours without and any rebellious negroes within and to annoy in case of a rupture either the French or Spaniards in those parts but to inlarge the trade and navigation and increase the wealth and power of this Kingdom. Signed by 128 persons. Copy. Endorsed as preceding. [C.O. 137, 22. ff. 19. 20, 20 v., 21, 21 v., 22, 22 v., 23, 23 v., 24, 24 v., 25, 25 v., 26, 26 v., 27, 28 v.].
Oct. 27.
From on board
the Simond
lying in the
149. Mr. Oglethorpe to Andrew Stone. When I looked over the papers you was good enough to send direct to me from his Grace the Duke of Newcastle, I found there all the letters to the Governors (v. Aug. 13), but I did not find the blank powers for appointing a Deputy to the Naval Officer and to the Vendue Master etc. Requests that they may be forwarded to him c/o H.M.S. Hawk at Spithead. Signed, J. Oglethorpe. Addressed, Andrew Stone, Esq., at the Duke of Newcastle's Office etc. Seal. 1 p. [C.O. 5, 654. ff. 26, 27 v.]
Oct. 28.
St. Christophers.
150. Governor Mathew to Mr. Popple. Sends transcript of Acts of Montserrat to which he has put the Great Seal. Could not do so to several of the Nevis laws he has sent, because the Secretary had left no room. But these were attested by the Secretary. Encloses duplicates of two Acts of Montserrat, previously sent and Minutes of Council of that Island, June 24—Sept. 29, 1735. Continues :—The Council of Antigua have long been employed in settling a dockett of fees in the Secretary's Office, but that matter, on some objections I made, is still undetermined. Signed, William Mathew. Endorsed, Recd. Feb. 12th, Read Sept. 30th, 1736. 1 p. [C.O. 152, 22. ff. 72, 77 v.]
Oct. 28.
Poland street.
151. Capt. Burrington to the Council of Trade and Plantations. Your Lordships seem'd last Thursday desirous to see a blank patent, etc., as sign'd in the Council of North Carolina before H.M. purchase, and left in the Secretary's office to be compleated by him, after the Surveyor had made a proper return, and the Receiver General given his receipt for the consideration mony. Sixteen of this sort of patents, or drafts, were in the custody of Mr. Little, Receiver for the late Lords Proprietors, that were neither filled up, nor had the seal put to them : every one of them were set down in Sir Richard Everard's list of patents he sign'd after the King's purchase ; a copy of it was formerly sent your Lordships. I suppose these unfinisht patents still remain among Mr. Little's papers, and when the day book I mention'd to your Lordships is required these drafts of patents may be demanded. It is very probable some may allso be found in the Secretary's office; Major Robert Foster, who was Deputy Secretary to Mr. Lovick, continues in the same imployment under the present Secretary. This gentleman usually wrote the unfinish't patents, and is able to give a perfect account of all that was done in the Secretary's office, and in the Council dureing the whole time Sir Richard Everard was Governour of North Carolina. Your Lordships (I presume) will be better inform'd of these matters, by hearing the depositions taken att Mr. Lovick's examination, and his answers, read to you then by anything I can write or say. Signed, Geo. Burrington. Endorsed, Recd. 29th, Read 31st Oct., 1735. 1 p. [C.O. 5, 294. ff. 232, 237 v.]7—(1).
Oct. 28.
152. Governor Belcher to the Duke of Newcastle. Some time the last month arriv'd here Capt. Smart in the ship Ogle from Antigua, who in his passage met a Spanish wreck, one Carr master, out of which he took the said master and his people, and twentyeight thousand (28,000) dollars, after this the said master order'd his ship with what was aboard her to be burnt, altho' he said she was insur'd in London ; I have therefore thought it proper to take the inclosed affidavits etc. Continues:—About a month ago put in here a French ship of 500 tuns, call'd, the Mareschal d'Asfeldt, one Anthony Le Roy master, from St. Domingo bound to Nantz, laden chiefly with sugar, some indigoe, but in her passage met with a severe storm, and sprung a leak, which forc'd her in hither for repairs, and I have taken care the master should have the favour and benefit of the Treaty of Neutrality, 1686 etc. Signed, J. Belcher. 3 pp. Enclosed,
152. i, ii. Decrees of Court of Vice-Admiralty, Boston, 13th Oct., 1735, on claims for salvage by Thomas John Smart v. Thomas Carr referred to in preceding. Signed, Robt. Auchmuty, Judge Adty. Copies. 2½ pp. and 1½ pp.
152. iiiv. Deposition of John Smart, Alexander Middleton and John Dabron, John Cox, and Patrick Walsh, that the Spanish ship was set on fire. Oct. 2, 1735. Copies. 5 pp.
152. iv. Deposition of Thomas Carr, Oct. 9. Does not know how the Jesus Maria Joseph came to be set on fire. His mate told him it was by accident. Does not know that the ship or cargo was insured. She was so leaky, that she would have sunk in two or three days. Signed, Thomas Carr. Copy. 1½ pp.
152. vii. Deposition of Joseph Antonio Caparo, gunner of the Jesus Maria Joseph. Oct. 6. The ship was set on fire by the Captain's orders. Signed, Joseph Antonio Caparo. Copy. 1½ pp.
152. viii. Deposition of Josinto Hernandes Medina, boatswain, Oct. 6. He set the ship on fire by the Captain's orders lest she should be a danger to shipping. Signed, Josinto Hernandes Medina. Copy. 12/3 pp.
152. ix. Deposition of Christobal Debera, first mate of above ship. Oct. 6th. He heard some of the Spaniards say the ship was set on fire. She was so far tight, after they had lost their rudder, masts and bowsprit, that upon pumping once in two hours she made little water. Signed, Christobal Debera. Copy. 1 p. [C.O. 5, 899. ff. 189–190, 191–192, 193, 193 v., 195–196, 197, 198, 199–202.]
Oct. 29.
153. Council of Trade and Plantations to the King. Propose for confirmation Act of New Jersey for appropriating part of the interest money etc. to the incidental charges of this Government. [C.O. 5, 996. p. 382.]
Oct. 29.
154. Same to Same. Offer for confirmation Act of New Jersey for making £40,000 in bills of credit, having consulted Mr. Fane, and heard the Merchants of Bristol, who objected to it, by their Sollicitor, and the Agent of the Province, "and it appearing to us that there is no essential difference between this and a former law etc., which hath been executed with good effect and found beneficial to the Province" etc. [C.O. 5, 996. pp. 383, 384.]
Oct. 31.
155. Council of Trade and Plantations to the King. An Act was passed in your Majesty's Island of Jamaica, on the 3rd day of May last, intituled An Act for raising several sums of mony and applying the same to several uses for subsisting the officers and soldiers of the eight Independent Companys and preventing the exportation of several commoditys into the French and Spanish Islands. In this law it is enacted, that whereas H.M. out of his great goodness and tender regard to the security of this Island hath been pleased as an additional force and strength to send over and add to the two Independent Companies six others, and as inlisting of men in this Island for recruting of any of the said Companies will not in any ways answer such H.M. gracious intentions, therefore if any officer or officers belonging to any of the said Independent Companies shall inlist or suffer to be inlisted in the company in which he is an officer any person within this Island, every such officer or officers so listing or suffering to be listed shall from the day he lists or suffers to be listed any such person forfeit and lose for ever afterwards all such country subsistence as he should be entitled to by virtue of this Act and for every such person he shall so list as a foresaid the sum of one hundred pounds to be recovered &c. As this part of the Act regards H.M. forces in Jamaica, altho we are of opinion it would be very improper to allow the officers to recruit their Companys from amongst the inhabitants of that Island, yet as all orders and regulations which concern the Army ought undoubtedly to proceed immediately from your Majesty, we look upon this attempt in the Legislature of Jamaica as an encroachment upon the Prerogative of the Crown, yet considering this law is enacted for one year only, half of which is already near expired, and that it settles the pay and subsistence of the Independent Companys in Jamaica, which would be left destitute of all provision on the part of that Island if this Act should be disallowed, we would not propose to your Majesty to repeal the same, but that orders should be transmitted to your Majesty's Governor of Jamaica not to pass any law for the future liable to the same objections. [C.O. 138, 18. pp. 53–55.]
Oct. 31.
156. Council of Trade and Plantations to the Committee of Privy Council. Transmit following "agreeable to your Lordships order of 27th instant." Annexed,
156. i. Draught of H.M. Additional Instruction to Governor Belcher. Whereas a bill did pass the Council and House of Representatives of our Province of the Massachusetts Bay on the seventh day of June last entituled An Act for granting the sum of three thousand pounds for the support of H.M. Governor. And whereas application has been made to Us on your behalf that We should graciously be pleased to permit you to give your assent to the said bill, and also to allow you to receive your salary for the future as it may be raised from time to time by the Assembly. Now having taken the premises into Our Royal Consideration, We do out of Our special grace and favour to you, condescend to the request made in your behalf, and you are hereby empowered to give your assent of the aforesaid bill passed the seventh of June last, and likewise for the future to give your assent to such bill as shall be annually passed for paying to you a salary of one thousand pounds sterling, or the value thereof in the mony of that Province until Our Royal pleasure shall be signify'd to the contrary ; provided such Act be the first that shall be passed by the Assembly of the said Province before they proceed upon the other business of that session wherein such Act shall be proposed. [C.O. 5, 917. ff. 148–150.]
Oct. [ ].
Charles Town,
157. Humble remonstrance of Lt. Governor Broughton to the Council of Trade and Plantations. My duty to H.M., and regard to the welfare and safety of this His Province, with that of Georgia, makes it indispensibly necessary to lay before your Lordships for your judgment and directions thereon, the complaint of several of H.M. subjects of this Province, merchants and traders to the Creek nation of Indians, exhibited to me in Council, accompany'd with certain proofs and affidavits relating to the extraordinary behaviour and conduct of Capt. Patrick McKey, agent for Indian affairs in Georgia, towards their agents and traders among the Creeks from this Province : And also to lay before your Lordships the purport of three letters I lately received from his Catholick Majesty's Governt. of St. Augustin and one from the Commandt. at Moville, on behalf of his Most Christian Majesty, by which your Lordships will perceive, the very great umbrage Capt. McKey thro' his ill conduct has given to those Governors and which has occasioned not only their remonstrating the case to me, but also threats of their making reprisals on H.M. subjects under my Government with those of Georgia, and also an actual augmentation of their force in and towards the Indian Nations. Your Lordships will observe it to be the highest act of indiscretion in Capt. McKey, and which may prove of the last ill consequence to the establishing the settlement of Georgia to proceed in such a manner as to give either the French and Spaniards reason to think it necessary at this time to augment their forces amongst the Indians, which the first have done by the addition of fourty men to their Fort at Albamas, and the latter by raising three hundred men and putting them in garrison at St. Mark's, from whence with ease they may make inroads not only in the new settlement at Georgia, but also in this Province, and which the Governor of St. Augustin by the letter of the 13th of May ult°. seems to threaten. But when your Lordships consider the other part of that gentleman's conduct in regard to his dismissing and forbidding the traders licensed from this Province any further trade or commerce with those Indians, and which fully appears by the affidavits herewith transmitted, your Lordships will be of opinion, he deserves the severest censures : Because if ever an increase of our traders and thereby an increase of our strength among the Indians is necessary, it must be so, when the French and Spaniards are augmenting theirs among those people, and therefore for Capt. McKey at the same time that he is giving the French or Spaniards cause of jealousy, and by actual provocations making them augment their forces, for him to dismiss our traders, and thereby weaken our hands and interest among the Indians, can surely be done only with intention to injure and betray H.M. interest and that of H.M. subjects among these people, and can therefore be founded on no legal power or authority derived under the Honble. Trustees for establing the Colony of Georgia or anyone else. And were these acts of violence of his to be consider'd only in the light of injuring H.M. subjects of this Province in molesting and hindring them from carrying on a trade with a free people, which they had enjoy'd from the first settlement thereof, and which this Province has for many years been at a very large expense to preserve, they could not, I presume, be justified before your Lordships ; much less can they be so when this single consequence is considered, namely by how much the strength and interest of this Province is diminished among the Indians, by so much and more will that of France and Spain be encreased. I have, may it please your Lordships, with H.M. Honble. Council perused and considered H.M. Royal Charter for establing the Colony of Georgia, by which all those lands and territorys lying and being between the two rivers of Savannah and Alatamaha are granted to the Trustees for establishing that Colony, but we do not perceive that thereby it was H.M. intentions to grant to the Trustees an exclusive trade with the several nations of Indians inhabiting within those bounds, or to deprive H.M. subjects of this or any other of his Provinces from a trade with them, and which they had long enjoy'd, nor indeed do we find that the Honble. Trustees have ever considered their Charter in that extensive light or claimed a right exclusive of all H.M. other subjects to trade with the Indians within the limits of their Governments. And I am perswaded these Honble. Gentlemen will never interpret it in that manner, since as I imagine such a construction would greatly tend to frustrate the settlement of that Colony, by emboldening the Indians and giving them room to believe that they are a separate distinct people from us, proceeding on different views and principles, nor less would it tend to the diminishing the British interest in general among those people, to give them any grounds to imagine that the interest of the two Provinces of Carolina and Georgia were incompatible. Give me leave further to inform your Lordships that on hearing the above complaints of the merchants and traders of this Province, on their agents, factors and servants being treated in so outragious a manner and inhibited by Capt. McKey from any further trade among the Creeks and actually turning them out of their respective towns to which they had been duely and regularly licensed to trade, and that the head Bayliff of Savannah had threatned to support him in his illegal and unwarrantable proceedings therein with a detachment of fifty or seventy men of the Militia of Georgia, I assembled H.M. Council of this Province for their advice in this arduous affair, who were of opinion that it would be necessary to remonstrate the whole transactions to your Lordships for your Lordships' assistance in setting the matter right with the gentlemen in power at Georgia, and praying your Lordships to let these gentlemen know that the Honble. Trustees for establishing that Colony have no right by their Charter to an exclusive trade with the Indians in the bounds of their Government no more than any other Provinces in America have with the Indians within their respective limits, and that H.M. intentions were equally gracious to all his loving subjects in permitting them all a full liberty to carry on trade and commerce with the Indians, altho inhabiting within the limits of another Government than that from which the trade was negotiated, agreeable to the policy and instruction of her late Majesty Queen Anne to the Governor of this Province with regard to the traders of Virginia, and that therefore the Agent for Indian Affairs at Georgia should not presume to offer any violence, or give any lett or hinderance to H.M. subjects trading with the Creeks or other free Indians from this Province, and that in the meantime to prevent any mischief that might arise or damage happen to any of H.M. subjects thro' the temerity or inadvertency of the High Bailiff's of Savanah marching any of the Militia of Georgia into the Indian country against H.M. good subjects, 1 would by vertue of the clause in the Charter for establishing that Colony, whereby the Command in Chief of the Militia of Georgia is given to H.M. Governour of this Province, command the officers of the Militia of Georgia, not to raise and march any of their Militia into the Indian Country without my special orders first had and obtained, except such as should be raised by the officer appointed to erect a Fort and Garrison in the Creek Nation according to an agreement stipulated by this Government, and that the Militia so to be raised should be employ'd only in that service, or against the enemies of H.M., and no ways to interfere in the trade, which I have accordingly done, and hope it will have the desired effect in preventing the mischief which the rashness of an attempt to raise the Militia of a Province to support a man in his illegal acts would otherwise have involved us in etc. Signed, Tho. Broughton. Endorsed, Recd. 8th, Read 9th Dec., 1735. 5 pp. Enclosed,
157. i. Governor of St. Augustine to Lt. Governor Broughton, 10th July (n.s.), 1735. Acknowledges letter of 13th May. Has despatched a messenger to the Provinces to ascertain who the persons are who have committed the outrages. Will acquaint him when he has certain news etc. Signed, Fra. del Moral Sanchez. Endorsed as covering letter.
A true copy. Signed, J. Badenhop, Clerk Con. 1 p.
157. ii. Extract from letter from Governor of St. Augustine to Governor Johnson. 27th April (n.s.), 1735. I communicate what has been writ to me about two Captains or traders that live among the Cowetas and Talapoochses, who made the Indians come, molest and kill the subjects of my Sovereign, though their Catholick and Britannick Majesties are at peace etc. I have been assured that they have sent three parties with orders to take prisoners and kill all the Spaniards they shall meet or Indians that inhabit the lower part of our Government, as I have also been informed by one of the Chiefs of the same Nation etc. Bequests His Excellency to give orders for punishing the disturbers of the peace etc. Intends to inform his King that in these Provinces they do not religiously keep the conditions of peace etc. Signed and endorsed a s preceding. Copy. 1½ pp.
157. iii. Same to Same. 13th May (n.s.), 1735. The bearer will inform your Excellency of the said accident that happen'd yesterday at the Fort of St. Francis De Dupo on the bank of Picalata River where one of the three partys of Indians I mentioned in my last, sent by your traders among the Cowetas and Talapooses, have killed the master gunner of the said Fort, which insult I cannot bear nor excuse the chastisement they deserve, for such temerity is insupportable and ought not to be permitted, since the two Crowns are in peace. Therefore I hope your Excellency will take proper measures to remedy such an enormity, and that the promoters thereof will receive their due punishment, otherwise I shall myself be obliged and inexcusable should 1 not punish so audacious and surprizing an action, especially since these Provinces enjoy'd great tranquillity till your traders incited by malice had troubled the Spaniards and the Indians who are under our protection. I hope, Sr. Your Excellency will support the union and good correspondence, that has all along subsisted between us, by obliging the said Traders to appear before Yor. Excy. and also their accomplices, and I am perswaded a punishment condign to their offence will be inflicted on them. Signed, Dr. Francisco Del Moral Sanchez. Certified and endorsed as preceding. 1 p.
157. iv. Capt. Mackay to Mr. Jones. Coweta. 28th May, 1735. I found on my arrival here the trade of this Nation in very great disorder, which I imputed to the numbers licensed to trade, and which as governed could not afford a living for some traders, which was the reason their were guilty of unfair practices. I have regulated the trade a little and reduced the numbers of traders etc. You are not in the number of those continued. Therefore you are to withdraw yourself and effects from this Nation etc. Signed, Patrick Mackay. Certified and endorsed as preceding. 1 p.
157. v. Governor of Mobile to Lt. Governor Broughton. Mobile. June 20 (n.s.), 1735. Has received letter for M. de Bienville, Governor of Louisiana, which he will forward. Continues: There has been a meeting at the Ofuskee nation Talapouchee by order of an Englishman, who has the inspection of the traders. He orders himself to be termed the Man of Valour. He has declaredin the said meeting, where all the Chiefs of the Nation were present, several things to our disadvantage, and in terms very inconsiderate, as asking them why they suffered the French to build a fort, and that they ought to demolish it. Discourses of that kind etc. gave us room to imagine that England had declared war against France, but the accounts we have from Europe induce us to believe that this man of valour is acting by his own mere motion, and ought to be punished. Hopes that he will represent the matter to New Georgia accordingly. Some other traders "have told our Indians that we were obliged to have recourse to your nation for goods to trade with them, in order to insinuate that we were no better than beggars. I cannot tell you their names. This is the reason that has obliged us not to permit any commerce between your subjects and ours" etc. Hopes that he or the Commander at New Georgia will forbid any such discourses with the French Indians, "without which our Governor will be obliged to send some troops to the Alibamons for to suppress and seize the most culpable" etc. Asks that some Swiss deserters may be allowed to return, in which case no harm will be done to them etc. Signed, Diron Dardaguiette. Certified, and endorsed as preceding. 2 pp.
157. vi. Memorial of Benjamin Godin and others, in behalf of themselves and others concerned in the Indian trade and of merchants trading from Great Britain to S. Carolina, to the Lt. Governor, Council and Assembly of S. Carolina. July 4, 1735. Complain of Capt. Mackay's assumption of authority over all traders among the Upper and Lower Creek nations. Suggest the taking off of the whole duty on skins and furs and the whole impositions on Indian trading licences, in order to preserve the Indian trade to this Province, and to enable it to carry on the said trade upon the same footing as Virginia and Georgia etc. Signed, B. Godin and 30 others. Certified and endorsed as preceding. 7 pp.
157. vii. Deposition of William Williams, Indian trader among the Creeks and Chickesaws. 4th July, 1735. Describes how Capt. Mackay at the end of March summoned all the traders and Indians to meet him at Ockfuskees, where he proposed to the Indians that they should demolish the French fort at the Albamas, or allow him to build a fort where ever he should think convenient. If they refused, he said he wd. withdraw all the traders from among them. After a week, the Indians answered that he might build a fort. On which McKay proposed to some of the traders that they should make a company, and accordingly chose out eleven men and disposed of their property as he thought fit, allowing nine of them to be upon whole shares, and two to have but one share between them, and discharging whom he thought fit. He excluded deponent and his partner, Thomas Wright, telling them that he would not permit either of them to trade in the Creek or Chickesaw nations, but if they would go to the Chactaws, they might. His partner accordingly went. Some time in May at the Great Okfuskees there was a dispute between William Edwards, a servant to Alexander Wood, and one whom Capt. Mackay called his doctor. Edwards informed deponent that by order of Mackay he was stripped and tied to the maypole in the middle of the square there, and 35 hickery switches were brought to whip him. but the One-handed King came and coveredhim, clasping him in his arms, and saying that if he would whip Edwards, they should whip him too, for he had never seen such doings from the white people before. After some dispute, Mackay ordered Edwards to be discharged etc. Signed, W. Williams. Certified and endorsed as preceding. 3 pp.
157. viii. Deposition of John Cadonhead, trader among the Lower Creeks. 4th July, 1735. After summoning the traders to meet him at Coweta town, Mackay produced papers as he declared to be his Commissions from S. Carolina and Georgia, he asked them whether, in case of a rupture with France and Spain, they would go to war with him. All answered that they would stand by him. Afterwards he ordered all the traders among the Lower Creeks not to move until further orders from him etc. Signed, John Cadonhead. Certified and endorsed as preceding. 3 pp.
157. ix. Deposition of Jeremiah Nott, Indian trader. 4th July, 1735. Deponent took out a licence in July last from S. Carolina to trade in the Cahabawatchee town in the Upper Creeks. At the end of March Nicholas Fisher came in the name of Capt. Mackay and served deponent with a warrant to remove himself with his goods thence to the Weekokees etc. At the beginning of April he and all the traders in the Upper Creek were summoned to meet Mackay at the place called the Half Way House, in order to conduct Mackay into that Nation. They accompanied him accordingly to the Tallasoes in the Creek Nation. At a meeting, Mackay declared that Mr. Oglethorpe had said that the Indian trade belonged to Georgia, but Carolina had begged that they might have liberty to grant licenses for that year, but that they had no more to do there now. He threatened to use the horses and effects of any persons who should come from Carolina with licences etc., and subsequently ordered deponent to depart etc. Signed, Jeremiah Nott, his mark. Certified and endorsed as preceding. 3 pp.
157. x. Deposition of Thomas Johns ( = Jones supra), Indian trader with licence from S. Carolina. 4th July, 1735. Capt. Mackay ordered him to depart, as above. Signed, Thomas Johns. Copy. 2 pp.
157. xi. Deposition of William Edwards. 18th July, 1735. Confirms No. vii. Signed, Wm. Edwards, his mark. Copy. 1 p. Nos. x and xi. Endorsed as covering letter.
157. xii. Deposition of William McMullin. 4th July, 1735. Trader among the Chickesaws, Capt. Mackay ordered him not to trade there any more. He and William Killhown were excluded the said trade under pretence that there was too many, but John Facey and James Cozens were put in their room etc. Signed, William McMullin, his mark. Copy. 1 p.
157. xiii. Deposition of George Cussins. July 19, 1735. Trading in the Lower Creek Nation under licence from S. Carolina, Capt. Mackay forbade him to trade there any longer etc., and to put aside the goods under his care, whilst Mackay's goods and those concerned with him were put into the house where he was trading etc. Signed, George Cussins etc. Copy. 1 p. Nos. xii and xiii endorsed as covering letter. [C.O. 5, 365. ff. 24–26, 27 v., 28, 29–30, 31 v., 32 v., 33 v.–35 v., 36 v.–49, 50, 51 v.]