America and West Indies: October 1737 | British History Online

Calendar of State Papers Colonial, America and West Indies: Volume 43, 1737. Originally published by Her Majesty's Stationery Office, London, 1963.

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'America and West Indies: October 1737', in Calendar of State Papers Colonial, America and West Indies: Volume 43, 1737, ed. K G Davies( London, 1963), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol43/pp250-270 [accessed 29 November 2024].

October 1737



October 3. Georgia Office.	512 Harman Verelst to Rev. Mr. Zeigenhagen, German Chaplain to H.M. at Kensington. The Trustees will defray the charge of passage and biding for Mr. Thielow who is going to the Salzburghers to assist them in his profession. They will also subsist him with provisions for three years, in consideration whereof they hope he will assist all other settlers in the neighbourhood of Ebenezer that may want his help. Entry. ½ p. [C.O. 5, 667, fo. 38d.]
October 5. Palace Court.	513 Minutes of Common Council of Georgia. Approved report from committee that Peter Gordon should be paid 13l. 7s. 1d. for arrears of one years provisions for himself and his wife while in Georgia and have leave to dispose of his house and land to such person as should be approved by the Trustees. The accountant acquainted the Common Council that a draft had been made on the Bank of England for 1000l. 21 September 1737 to Aid. Heathcote; and that the 433l. imprest to James Oglethorpe to answer the like sum in the payment of sola bills paid away by Mr. Causton as cash received of Mr. Oglethorpe, part of the 1500l. sola bills paid away without Mr. Oglethorpe's endorsement, has been applied in discharge of the said sola bills to that amount. Ordered, that 1500l. of the 4850l. sola bills directed to be made out 10 August last be immediately sent to Georgia, any five of the Common Council to draw for their payment on return. Ordered, that the residue of the sola bills directed to be made out for the service of the colony be sent to Georgia from time to time as any five of the Common Council shall think fit, and any five of the Common Council may draw on the Bank of England for payment thereof on their return.
	The accountant made the following report of the state of the Trustees' cash as it stood 30 September last. The sola bills ordered to be made out and yet unsent to Georgia will provide for an exceeding of the established allowance to Lady Day 1738 as far as 700l., and after appropriating money for all the sola bills sent and to be sent and for all particular uses besides, the balance in the bank for the colony this 30 September 1737 amounts to 5977/. 6s o ¾d., and in Aid. Heathcote's hands, 1452l. 6s. 7d. Total to be applied for the colony: 7429l. 12s. 7 ¾d. Outstanding demands [particulars given]: 5426l. 16s. 8d. Balance remaining, 2002l. 15s. 11 ¾d. whereout the expense of the Carolina and Georgia disputes must be defrayed whereof 100l. has been paid.
	Resolved, that any five of the Common Council be empowered to draw on the Bank of England for any sum not exceeding 4000l. as occasion shall require for payment of provisions from England and Scotland, servants from Cowes, and other charges in pursuance of the orders of the committee for providing necessaries for this year's service in Georgia. Ordered, that 12l. be repaid to John Venables which he paid in 15 February last for subsistence of his son then going to Georgia, he staying only four days in Georgia and being now returned to England. Ordered, that 15 barrels of herrings from Scotland, each barrel containing 1000, at 16s. each barrel be bought and sent to Georgia.
	Sealed grant of 500 acres of land to Robert Hay late of Edinburgh, cooper, recommended by Patrick Lindesay, Provost of Edinburgh; and grant of 150 acres of land to John Amory of Boston, Lincolnshire, yeoman; secretary to countersign, memorials to be registered with auditor of plantations. Ordered, that 1l. 11s. 6d. consideration money and charge of registering Mr. Hay's grant be paid by the accountant to be repaid by Mr. Hay in Georgia on executing the counterpart and receiving the grant.
	Mr. Oglethorpe acquainted the Common Council that in pursuance of the Trustees' memorial to H.M. dated 10 August 1737 [see No. 443] H.M. had ordered a regiment of 600 effective men to be raised for the defence of the colony and to be sent thither, and that H.M. had appointed him colonel, James Cochran lieut.-colonel and William Cook major of the said regiment. Resolved, that grants of 500 acres of land to Lieut.-Col. Cochran and 500 acres of land to Major Cook be made and sealed; secretary to countersign and sign memorials to be registered with the auditor of the plantations. Mr. Oglethorpe moved that a trust grant might be ordered to be made out for 3000 acres of land to be parcelled out in five-acre lots to the soldiers of his regiment during their continuance in H.M.'s service in Georgia. Ordered, that a grant be made out accordingly for 3000 acres of land to three trustees who shall be named by Mr. Oglethorpe; seal to be affixed, secretary to countersign.
	Ordered, that a copper gilt mace be provided for the court of the town of Savannah. Ordered, that a bill of exchange drawn by Mr. Causton 18 May 1737 on Mr. Oglethorpe for 50l. be accepted and paid, it being part of recompense to him for his four years and upwards as storekeeper and magistrate and part of 200l. to enable him to settle his new farm. Resolved, that the memorial of John Vat for further recompense be rejected. Ordered, that an indenture to Samuel Landers be sealed; secretary to countersign. Read, letter from Rev. Charles Wesley desiring his salary for last year; ordered, that 50l. be paid him as missionary and for a year's salary due Michaelmas last. Certified accounts were laid before the board as follows: Robert Perryman's for 132l. 5s. 4d. for steers and cows; Samuel Montaigut & Co.'s for 173l. 18s. 5d. for necessaries; Messrs. Pitt & Tuckwell's for 223l. 9s. 8 ¼ d. for tools and necessaries delivered by John Brownfield, their factor; Robert Williams & Co.'s for 96l. 3s. 3 ¼ d. for provisions and necessaries. Accounts were laid before the board as follows: for 49l. 18s. 6d. for flour and beer which Capt. Dymond delivered to Mr. Causton 24 June 1737; for 16l. 13s. 1 ¼ d. for molasses delivered by John Crokatt in Georgia by Mr. Oglethorpe's order. Ordered, that the said accounts be paid.
	Resolved, that 750l. be paid to Ald. Heathcote on account; signed a draft on Bank of England for the same. Read, petition of John and Sarah Amory for a credit of 50l. in Georgia; resolved, to give the same on proper security for payment out of their estate in Lincolnshire. 11 pp. [C.O. 5, 690, pp. 102–112.]
October 5. Palace Court.	514 Minutes of meeting of Trustees for Georgia. Received from the bank a receipt for 50l. paid in by Robert Whittle. [See No. 509.] ½p. [C.O. 5, 687, p. 42]
October 5.	515 Grant by Trustees for Georgia to John Amory of Boston, Lines., yeoman, of 150 acres of land in Georgia. Entry. ¼ p. [C.O. 5, 670, p. 331.]
October 5.	516 Same, to Robert Hay late of Edinburgh and now of Georgia, cooper, of 500 acres of land in Georgia. Entry. ½ p. [C.O. 5, 670, p. 331.]
October 5. Cockpit.	517 Richard Coope to Andrew Stone. I am ready with all the vouchers which may be necessary in Mr. Mathew's case except a few in the hands of Mr. Yeamans who comes to town the middle of this month. Signed. PS. I beg your perusal of the enclosed extract of minutes of council at St. Christopher's to convince of the sentiments thereof in 1729, but more particularly to evince that Mr. W. Smith (who has been too free in representing Mr. Mathew as acting upon his own head) was early of a contrary opinion himself. 1 p. Enclosed,
	517. i. Extract from minutes of Council of St. Christopher's, 19 December 1729. Present, President Joseph Estridge, Sir Charles Payne, Wavell Smith, John Douglas, Abraham Payne, Joseph Phipps. The Council declared on the facts before them that the French had been guilty of unwarrantable violence on H.M.'s subjects, that the French were not justified in seizing Col. Phipps's sloop, that the French carrying the said sloop to St. Domingue was an injurious proceeding and that the burning of two sloops of the Island of Santa Cruz, an uninhabited place, was contrary to the law of nations and treaties. Copy, certified by Mansell Frank, Deputy Secretary. 1 ½ pp. [C.O. 152, 44, fos. 122–125d.]
October 5. Whitehall.	518 Council of Trade and Plantations to Duke of Newcastle transmitting copy of deposition of master and company of St. James of Bristol relating to the taking, plundering and detaining of that ship by the Spaniards, received from President Gregory of Jamaica. Entry. Signatories, James Brudenell, R. Plumer, Monson, T. Pelham. ½ p. [C.O. 138, 18, p. 268.]
October 6. Cape Fear.	519 Governor Gabriel Johnston to Alured Popple. It is impossible to go On with public business until the fate of the blank patents is determined. I dare not give up so much of the only revenue the king has here and the fund from whence the officers' salaries are paid, without orders or at least a permission from home. If the Attorney's opinion should not come these seven years (this is now the third year that it has been lying before him and the fifth year that the other question relating to our laws) all our affairs must remain in suspense till then.
	I would thank you heartily for the copy of Mr. Burrington's answer if I had not seen it in print above 16 months ago when it was dispersed through the province as a masterpiece infinitely esteemed by the Board of Trade and by them referred to the Attorney-General; which last I never did believe until you informed me of it. I am sure that paper with some others sent over by the said person have done a vast deal of mischief and emboldened the lower house of assembly to order the officers who were collecting the quitrents into custody during the time of collection, for which attempt I was obliged to dissolve them as I wrote you from Newbern last March. Mr. Burrington holds upwards of 50,000 acres of land by these patents and, by what I can find since my arrival here, never gave himself the trouble to consider the validity of them or anything else relating to the revenue. I have no remarks to make upon his paper for I don't find anything in it which invalidates any proposition advanced in my representation. There are indeed some low jokes and personal reflections scattered up and down but as I find that gentleman has upon another occasion made at least equally free with the Lords of Trade themselves I think I have no occasion to complain.
	The only thing I shall take notice of in Mr. Burrington's paper is of the patents which were issued for the payment of those gentlemen who run the boundary line betwixt this province and Virginia. The lands claimed by these patents do not in all amount to 100,000 acres, but upon this pretence there have been patents sold for upwards of 400,000 acres and every day's experience convinces me that some people have still a good stock of them in their custody which they can fill up as they please and lay upon anybody's land they think proper, which I am afraid will be a fresh occasion of perpetuating the disorders of this unhappy country if they are confirmed. Though my opinion does not seem to be much approved by their lordships, I can't help proposing one expedient more which appears to me exceedingly fair, and that is to allow all those patents which were issued for payment of the charges in running the line, amounting to betwixt 90 and 100,000 acres at the rents reserved in the said patents, and the attorney-general here have orders to vacate all those I proposed to be declared null and void in my letter of last November in H.M.'s Court of Exchequer. By this there will be no occasion to trouble H.M. in Council, the revenue will not suffer a great deal, and everyone who possesses these patents will have a fair opportunity of defending them or, if they please to resign them, they may hold the same lands at 4s. per 100 acres. If this won't do I despair of being able to offer anything which will less hurt the crown and at the same time be favourable to these people; and I think it may be put in execution without waiting for any opinion of the Attorney-General, there not being the least pretence for issuing any other patents before H.M.'s purchase. Upon the whole all I beg is only directions about this troublesome affair, which I shall most punctually obey.
	I look on that part of your answer relating to quitrents as an absolute prohibition to receive them in any commodities, and shall observe it accordingly. What has been already paid of the arrears was received mostly in current bills of this province at the exchange of 7 for 1 sterling money, though indeed in Virginia and other places where they trade they pass generally at 9 or 10 for 1; but as there was a great arrear due it was thought proper for the ease of the people to take it at 7, which was a great loss to me and all the officers whose salaries are paid out of the quitrents. For with 7l. currency which we received for 1l. sterling we cannot purchase goods to the value of 14s. sterling. But we cheerfully submitted to this loss (about 30 per cent, of our salaries) in order to reconcile the people to the payment of their rents, a thing quite new to them by the negligence of former governors. By the law which establishes the currency these bills were ordered to pass, as they pretend, at 5 to 1 sterling; but as they have in reality always passed at 10 and it was a favour to receive H.M.'s rents in current bills at all, we declared we would not receive them at less than 7 for 1, and as their value is not advanced I am of opinion it will be necessary to fix the exchange higher for the future.
	At last general court at Edenton a man was imprisoned for insulting the marshal in the execution of his office during the sitting of the court. The people of the precincts of Bertie and Edgecombe which lie next Virginia, believing he was called in question about his quitrents, rose in arms to the number of 500 and came within five miles of the town in order to rescue him by violence, cursing H.M. and uttering a great many rebellious speeches. The fellow thought proper to pay his fine and beg pardon of the court before they came so near the town, and by this means no mischief ensued. But they threatened the most cruel usage to such persons as durst come to demand any quitrents of them for the future. It is only in these two precincts that the people have dared to get together in a body, and how to quell them I cannot tell if they should attempt an insurrection against next collection. I have suggested something to Mr. McCulloh which without much trouble might do great service in this case, if my lords please to pay any regard to it and it be done speedily. I shall take care in all events to do my duty.
	I have sent Mr. McCulloh for their lordships' inspection part of a crop of silk I made truly and bona fide on my own plantation this year. I was obliged to feed the worms mostly with wild mulberries, but next year some hundreds of my Italian mulberries will be in bearing, and I do not doubt to make finer, though this is reckoned not at all amiss for a beginning. I have at last got from the commissioners an account of their charges in running the boundary line, with a draft of so much of it as is already done, which I send to you for their lordships' use by this conveyance. [Marginal note: not received] I hope my Lords of Trade will take the other points in mine of 15 October and 29 November 1736 into their consideration very soon. I have often suggested that this province has never been regularly settled and that a few vigorous declarations from the Board of Trade would have a very great effect. The people seem here to be persuaded that they may do what they please and that they are below the notice of the king and his ministers, which makes them highly insolent. They never were of any service to the Lords Proprietors, and if something is not speedily done to convince them that H.M. will not be so used they will be of as little profit to the crown. Signed. PS. I have been lately informed that Mr. Moseley has several of the accounts of Mr. Little, the receiver-general under the Lords Proprietors, in his custody; upon which I ordered Mr. Allen to demand them of him, but he positively refused to give them up, though they are office papers, alleging that he was accountable for them to Little's executors. Endorsed, Recd. 9 January, Read 8 February 1737/8. 5 ½ pp. [C.O. 5, 295, fos. 105–107d.]
October 6. Hampton Court.	520 Order of King in Council approving draft commission for Earl of Albemarle to be governor of Virginia. Signed, W. Sharpe. Seal. 1 p. Enclosed,
	520. i. Commission to Earl of Albemarle to be governor of Virginia. Draft. 19 pp. [C.O. 5, 196, fos. 150–161d; copy of order, endorsed, Recd. 28 March, Read 13 April 1738 in C.O. 5, 1324, fos. 122, 122d, 125, 125d.]
October 6. Georgia Office.	521 Harman Verelst to Thomas Causton. The Trustees desire you to let John Amory and Sarah, his wife, going to settle in Georgia, have credit up to 50l. sterling, they having signed a security for payment thereof out of their estate in England. Entry. ½ p. [C.O. 5, 667, fo. 38d.]
October 10. Georgia Office.	522 Same to Thomas Causton by Minerva, Capt. Nicholson. The Trustees' letter by Capt. Hewitt mentioned their surprise to hear of a scarcity of provisions at the southward when by the enclosed accounts of the remains at November last and receipts since taken from the certified accounts such quantities appear. You had a list left with you in November last of the inhabitants at the southward and the proportion of provisions to be delivered to each, copy of which is now sent you; which inhabitants being those that Mr. Oglethorpe left or provided for coming who amounted in the whole to 221 heads, whereof at Frederica 153 and at the Darien 68. And the Trustees fearing that the proportion of bread kinds established for them in the said list is not sufficient, they have ordered that from the receipt of this letter to Lady Day next each head of the said inhabitants both at Frederica and the Darien is to be supplied after the rate of 24 lbs. of flour or rice or a bushel of Indian corn per month so as to make the whole bread kinds 6 lbs. a week to each head, whether all of one kind or part of one kind and part of another; whereby a month's flour or rice or a proportion of each be 24 lbs. together, or a bushel of corn in lieu thereof. Capt. Daubuz will sail next week to Cork and from thence to Georgia with 600 barrels of beef, 200 firkins of butter, 60 barrels of beer, 20 casks of flour, 60 firkins of tallow, 516 pairs of shoes and another sawmill.
	Mr. Stephens's son who brings you this is accompanied with the following new settlers at their own expense: John Amory, his wife, three children and two menservants (he has a grant of 150 acres and is recommended to the Trustees as understanding surveying in case there should be any occasion for his assistance, he brings over a circumferenter and case of instruments; if he should be found useful and fit to be employed, he has a copy of the terms made with Rosse, and if he is at all employed it must be under proper agreements from time to time as he shall be used. The memorial of his grant to be registered with the auditor will be sent by the next ship. He has an estate in England of 53l. a year, the rents of which are engaged for near four years to pay some remaining debts of his, and he and his wife have executed a deed to the Trustees for the payment of 50l. sterling after his creditors are paid in case they should want assistance in the meantime with either provisions or necessaries in Georgia to that amount, for which they have a particular letter of credit); Isaac Gibbs, his wife, two children and a manservant, to settle on a 50-acre lot; and Samuel Wathey to settle on a 50-acre lot; for which they have particular letters.
	You will receive by this ship forwarded from Charleston two cases of muskets, two caggs of bullets and two half-barrels of gunpowder which must be sent to Lieut. Moore Mackintosh for the use of the Darien; 15 barrels of herrings (five for Frederica, five for the Darien, five for Savannah) to be distributed to the people; and a box containing 400l. in sola bills, A. 1601–2000, the Trustees will send more by Capt. Ayers who sails this month.
	The Three Sisters was to sail from Cowes last Saturday with 109 ½ heads of foreign servants. In the letter by that ship you were directed that after Capt. Gascoigne had two families, the rest were to be employed on the Trust's farm under Mr. Bradley. But the Trustees have written to him that you are now directed to employ of those servants men and boys sufficient to supply two for the store, such labourers for the millwrights as they may want, eight for the crane and garden and loading and unloading. And the families belonging to them are not to be separated from them but to be with them and employed in such manner as you shall find most convenient for the service of the Trust. The rest are to be employed on the Trust's farm [particulars as in No. 498]. The employing of these servants in such labour which is now paid for will be a saving in that article of expense; and the Trustees desire that every saving may be made where there is any room for it. And you cannot recommend yourself more to them than by acting in that manner and at the same time having a regard not to permit any real want among the industrious people.
	Notwithstanding any rumours concerning Spanish claims and intentions against Georgia, the colony is to be supported, for the king has made Mr. Oglethorpe captain-general and commander-in-chief of all H.M.'s forces in Carolina and Georgia and has ordered a regiment of 600 men besides officers for protecting his subjects in Georgia and his possession thereof and given the command of the said regiment to Mr. Oglethorpe, 300 men whereof will soon arrive with the lieut.-colonel. These troops will not in any manner interfere with the civil affairs but the power of the militia and guardhouses will remain as they are and all privileges and liberties will be preserved. Wherefore you are to be assistive in everything to make your protectors easy and to remember the great obligations you have to the king for his care .of you.
	In the small box sent herewith you receive a grant and counterpart of 500 acres of land to Robert Hay who sailed from Scotland for Georgia with Mr. Anderson. The 1l. 1s. consideration money and 10s. 6d. more for registering the memorial of the grant with the auditor have been advanced for Mr. Hay by the Trustees, which you are to receive of him on his executing the counterpart of the grant and charge yourself therewith; and when received and the counterpart executed, you are to deliver the grant to him and send the counterpart to the Trustees, and the memorial thereof registered will be sent Mr. Hay by the next ship. The Trustees have also sent you their part of Samuel Lander's indenture who went by the Mary Anne and was ordered to the millwrights, which please let him have. John Crokatt having agreed to deliver you at Savannah for the use of the Trustees' servants 1000 yards of the best osnabrigs at 8d. sterling a yard, he has written to George Seaman for that purpose, and you are to give your receipt for them to be paid for in England. The Trustees have paid Mr. Crokatt for the two hogsheads of molasses delivered in Georgia by Mr. Oglethorpe's order in August 1736. Mr. Jenys being dead, the parcels by this ship are consigned to Joseph Wragg at Charleston to be forwarded to you; he is to draw on the Trustees for the expense. I have sent Mr. Eveleigh the Daily Advertisers 22 August 1737–8 October to forward to you. Entry. 3 ½ pp. [C.O. 5, 667, fos. 39–40d.]
October 10. Georgia Office	523 Harman Verelst to George Seaman at Charleston. The Trustees having agreed with John Crokatt for your delivering Thomas Causton at Savannah 1000 yards of the best osnabrigs at 8d. a yard, Mr. Crokatt has written to you for that purpose and directed you to take Mr. Causton's receipt for the delivery thereof; which will entitle your correspondent to payment for the same here. Entry. ¼ p. [C.O. 5, 667, fo. 4od.]
October 10. Georgia Office.	524 Same to William Bradley at Savannah, communicating orders concerning the employment of the German families sailing to Georgia by the Three Sisters contained in Nos. 498 and 522. Entry. ½ p. [C.O. 5, 667, fo. 41.]
October 10. Georgia Office	525 Same to Capt. James Gascoigne. Several German families having indented themselves for servants to the Trustees and sailed to Georgia On board the Three Sisters from Cowes, Mr. Causton has directions to let you have two of these families wherein are four or five young men to serve you. Entry. ¼ p. [C.O. 5, 667, fo. 40d.]
October 10. Georgia Office.	526 Same to William Stephens. Your son who brings this will let you know how your complement of servants has been made up, there having been only three shipped from Scotland, for which a bill has been drawn and will be paid next Thursday. I hope you had a good voyage. The Trustees for the conveniency of a safe correspondence between the inhabitants in Georgia and their friends in England have directed you to give notice to the inhabitants that they may bring or send their letters to you once a fortnight to be forwarded to England by every opportunity that next offers, which you are to forward accordingly to the care of the Trustees with a list of the said letters, keeping a copy of each list to send by the next opportunity after them with an account how they were forwarded. You are further to acquaint the Trustees what horses, cattle and stock are in the colony belonging to them and what quantity of trees there are in the Trustees' garden. [Orders relating to the provisioning of the inhabitants at Frederica and the Darien in No. 522 here repeated.] The king has ordered a regiment for Georgia of 600 men besides officers and made Mr. Oglethorpe colonel, Captain Cochran lieut.-colonel and Captain Cooke major. Lieut.-Col. Cochran will soon be with you with part of the regiment, he going to Gibralter for men from thence. [Orders concerning employment of the German families sailing for Georgia in Nos. 498 and 522 here repeated.] Entry. 1 ½ pp. [C.O. 5, 667, fo. 41, 41d.]
October 10. Georgia Office.	527 Same to William Horton, communicating directions contained in NO522 concerning the provisioning of inhabitants at Frederica and the Darien. The Trustees have sent by this ship five barrels of herrings to be divided to the people at Frederica. Entry. ½ p. [C.O. 5, 667, fo. 42.]
October 10. Georgia Office.	528 Same to Lieut. Moore Mackintosh at the Darien. By this ship the Trustees have sent 50 muskets in two cases, 5 cwt. of bullets in two caggs and two half-barrels of gunpowder for smallarms, which they have directed Mr. Causton to send to you for service at the Darien. They have also directed him to send you five barrels of herrings to be divided to the people at the Darien. Entry. ½ p. [C.O. 5, 667, fo. 42.]
October 10. Georgia Office.	529 Same to Samuel Eveleigh at Charleston. The Trustees have regularly received the South Carolina Gazettes which you have sent them. And I have herewith sent you the Daily Advertisers from 22 August 1737 to 8 October, which please forward to Mr. Causton. The Trustees have paid Messrs. Bakers the certified accounts you sent them to receive, and are much obliged to you for your favours and kind correspondences. Entry. ½ p. [C.O. 5, 667. fo. 43.]
October 10. Georgia Office.	530 Same to Joseph Wragg, merchant, at Charleston. Mr. Jenys being dead, to whom the Trustees used to consign passengers and parcels to forwarded to Georgia, your brother applied to Mr. Oglethorpe that you might be assistive to the Trust. Whereupon I received directions to consign to you the parcels in the enclosed bill of lading shipped for the Trust on the Minerva to be forwarded to Mr. Causton in Georgia. There is some gunpowder and shot in another bill of lading enclosed and consigned to you which was shipped for one Mr. Tuckwell and which please forward, with the parcels for the Trust, to John Brownfield at Savannah. Mr. Thomas Stephens comes over a passenger with a servant or two to go to his father at Savannah, who with John Amory and family, Isaac Gibbs and family, and Samuel Wathey, other passengers for Georgia, may with their baggage be sent with the goods above-mentioned. Draw upon the Trustees for the expense thereof. Entry. ½ p. [C.O. 5, 667, fo. 43.]
October 10. Whitehall.	531 Alured Popple to Francis Fane, enclosing two Acts passed in Nevis in June 1737 for his opinion in point of law, vizt. Acts to amend an Act for good government of slaves; to oblige vessels having contagious distempers on board to perform due quarantine. Entry. 1 p. [C.O. 153, 16, fo. 65d.]
October 10. Whitehall.	532 Same to same, enclosing three Acts passed in the Bahama Islands in 1736/7 for his opinion thereon in point of law, vizt. Acts confirming agreement of 7 September 1736 between Governor and Council and James Scott for a house for the governor; for settling the militia; to prevent vexatious lawsuits for small debts. Entry. 1 ½ pp. [C.O. 24, 1, fo. 162, 162d.]
October 10. Whitehall.	533 Same to same, enclosing sixteen Acts passed in South Carolina in 1736 and 1736/7 for his opinion thereupon in point of law, vizt. Acts to supply defects in execution of Act to raise 30,387l. 3s. 7d. for charges of government; for settling a ferry on Santee river; ordinance appointing Capt. John Hext comptroller of duties granted to H.M.; Acts for taking off certain duties on Indian traders; for founding a chapel of ease at Beech Hill; for establishing patrols; for continuing Broad-street in Charleston to Ashley river; for enforcing part of an Act made in England in 5 and 6 Edward VI against buying and selling offices, part of a like Act made in 2 George I for preventing forgery, and part of a like Act made in 7 George I to prevent the forging acceptance of bills of exchange; for establishing a road to Orangeburg; for building a bridge over Ashepoo river; for raising 34,108l. 16s. 6d. current money for charges of government; to enable commissioners to sign orders to the amount of 35,010l. current money for defence of the province; for making a road from Savannah to Capt. Tyler's plantation; to empower commissioners of highroads and to alter the bounds of the parishes of St. John in Berkley County, St. Thomas and St. Dennis; additional to an Act for keeping a watch; for better regulating Court of Common Pleas. Entry. 5 pp. [C.O. 5, 401, pp. 236–240.]
October 10. Whitehall.	534 Same to same, enclosing twelve Acts passed in New Hampshire in 1735 and 1737 for his opinion in point of law, vizt. Acts to encourage sowing and manufacture of hemp; to enable Governor and Council to take cognizance of the case of John Goff junior of Londonderry; for supplying the treasury with 6500l. in bills of credit for discharge of public debts; additional to an Act for emitting 15,000l. in bills of credit; to enable the Treasurer of New Hampshire to recover money due on bonds; for a tax of 600l. for payment of the growing charge of the province; to take off an entail in a deed of gift from John Meader junior of Dover, New Hampshire, to his daughter Sarah Tibbets; for better support of the gospel ministry in Rochester; to enable Lemuel Bickford to maintain his action of review in the case against Benjamin Richards of Dover; for erecting a parish in Hampton Falls; to enable the superior court to grant an execution against the proprietors of Londonderry; to enable Samuel Hart to dispose of estate of certain minors. Entry. 3 ½ pp. [C.O. 5, 917, fos. 104–105d.]
October 10. Whitehall	535 Same to same, enclosing four Acts passed in Jamaica in 1736 for his opinion in point of law, vizt. Acts for raising money for subsisting the independent companies and for preventing exportation of several commodities to French and Spanish islands; for a duty on rum and other spirits; to oblige inhabitants to provide sufficient white people; to explain an Act for regulating pilots. Entry. 2 pp. [C.O. 138, 18, pp. 269–270.]
October 11. Hampton Court.	536 Duke of Newcastle to Lieut.-Governor Thomas Broughton. It having been represented to the king that several German families that embarked in Holland for Philadelphia in order to settle there are now desirous of settling in South Carolina and that Mr. Wragg, a merchant here, has undertaken to transport them thither provided the council and assembly of the said province will order him to be paid upon their arrival there 5l. 5s. sterling per head and 450l. for freight, demurrage and victualling them, I am to acquaint you with H.M.'s pleasure that you accordingly recommend it, if there be no reasonable objection thereto, to the president, council and assembly of the province under your government to pay the respective sums above-mentioned to the said Mr. Wragg or his order upon his landing the said Germans there out of the money raised or to be raised by virtue of the Appropriation Act whereby 5000l. your currency was applied or appropriated for seven years to the charge of laying out townships and towards paying the passages and purchasing of tools etc. for poor Protestant families desiring to settle in that province, this case appearing to be within the meaning and intent of that Act. Entry. 1 ½ pp. [C.O. 324, 37, pp75–76.]
October 12. Whitehall.	537 Council of Trade and Plantations to the King, proposing that John Steward be appointed councillor of Jamaica in the room of William Needham who has desired leave to resign. Entry. Signatories, James Brudenell, R. Plumer, Monson, T. Pelham. 1 p. [C.O. 138, 18, p. 271.]
October 12. Georgia Office.	538 Harman Verelst to Thomas Causton, by the Georgia pink, Capt. Daubuz, enclosing invoice and bill of lading of what was shipped in London on this ship. The two casks of shoes, the bale of cloth and basket of hour-glasses, keep in store until Mr. Oglethorpe's arrival. Send the box of medicines to Mr. Hawkins at Frederica. The sawmill and loose pieces must be preserved until further orders. The other parcels are to be delivered as directed. Passengers by this this ship are: Mr. Thilo, a surgeon going to Ebenezer; Samuel Goff, whose indenture is endorsed to Harry Buckley at Frederica, to whom please apply 6l. 15s. in maintenance and necessaries, balance of a sum paid in England; Thomas Webb and Edward Haynes, two servants bound to the Trust but assigned to William Stephens to complete his 10 servants, but if they are already completed these are to remain to the use of the Trust; John Evan, servant bound to the Trust, to be employed in such labour as is at present paid for or with the other Trust servants on cultivation. Entry. 1 p. [C.O. 5, 667, fo. 44.]
October 13. Hampton Court	539 Duke of Newcastle to Council of Trade and Plantations directing that drafts of commission and instructions be prepared for Alured Popple, appointed lieut.-governor and commander-in-chief of Bermuda in the room of John Pitt. Signed. 1 p. Endorsed, Recd. 15 October, Read 19 October 1737. [C.O. 37, 13, fos. 16, 16d, 20, 20d.]
[October 13.]	540 Petition of the merchants and planters in behalf of themselves and others trading to and interested in the British colonies in America, to the King. The fair and lawful trade of your subjects to the British Plantations in America has been greatly interrupted for many years past not only by their ships having been frequently stopped and searched but also forcibly and arbitrarily seized on the high seas by Spanish ships fitted out to cruise under the plausible pretence of guarding their own coasts. The commanders thereof with their crews have been inhumanly treated and the Ships carried into some of the Spanish ports and there condemned with their cargoes in manifest violation of the treaties subsisting between the two crowns. Notwithstanding the many instances made by your ministers at the Court of Madrid against this injurious treatment, the late and repeated insults of the Spaniards upon the persons and properties of your subjects lay your petitioners under the necessity of applying again to you for relief. By these violent and unjust proceedings of the Spaniards the trade to your Plantations in America is rendered very precarious, and if any nation be suffered thus to insult the persons of your subjects and plunder them of their property your petitioners apprehend it will be attended with such an obstruction of that valuable branch of commerce as will be very fatal to the interest of Great Britain. Petitioners pray the King to procure satisfaction for losses, that no British vessels be detained or searched, and that the trade be rendered secure. Signed, Peter Delamotte, William Baker, John Harries, John Seale, Nathaniel Bapnett, Roger Drake, James Knight, John Ashley, James Douglas, George Spence, Richard Boddicott, Stephen Winthrop, Charles Hallifax, Thomas Somers, David Barclay & Son, John Scott, William Black, Samuel Stanfield, Samuel Sydebothom, John Chapman, Thomas Butler senior, John Wilmer, Thomas Hyam, Richard Fenton, John White, T. (?) Douglas, J. Bowers, Isaac Dias Fernandez, Moses Nunes Brandon, Judah Supino & Son, Samuel Baker, William Rider, Robert Marsh, Simon Jacob, Robert Holmes, Henry Davy, David Wilkie, Edwin Somers, S. Bethell, John Warner, Thomas Hebert, Samuel Turner, David Currie, Beeston Long, Thomas Tryon, Alexander Dundas, Thomas Delamotte, Benoni Hancock, John Locke, Smith & Bonovrier, Augustus Boyd, Robert Lidderdale, William Fenton, Benjamin Ball, Charles ( ?) Hooper, David Miln, David Barclay junior, Ro[bert ?] Cooke, E. Wright, Robert Scott, Richard Buller, Robert Bostock, Thomas Pitts, Alexander Johnston, William Higgins, H. Bendysh, Richard Friend, Thomas Sandford, Edmund Boehm, Marmaduke Hilton, James Buchanan, John Gregory, Alexander Coutts, John Spieker, John Browne, Rowland Frye, Lawrence Williams, Henry Lyon, William Tryon, William Barnett, Colin Campbell, John Keith, William Perrin, Samuel Bonham, Richard Coope, William Coleman junior, Abraham Payne, Samuel Pennant, C. (?) McDowall, John Paul, Alexander Roberts, David Crichton, Timothy Cockshall, William Jones, Henry Norris junior, Lane & Smethurst, Moses Lainez (?), Plomer, Gardiner & Rolleston, Da. Barclay, William Adair, George Newland, Richard Wainhouse, Clere Talbot, Barrington Buggin, Peter Du Cane, Richard Du Cane junior, John Billers, Charles Pole, Francis Janssen, William Bowden, William Crombie, Thomas Ayscough, John Thomlinson, Thomas Truman, Daniel Flexney, Eliak. Palmer, Henry Barham, Jeremiah Allen, Henry Lang, Edward Clarke Parish, T. Hanbury, John Gibbon, Davy Breholt, Peter Simond, William Coleman senior, William Wilson, Samuel Frye, John Eliot, John Small, William Braund, James Randall, William Fenton, John Bell, Thomas Beckford, Papillon Ball, Samuel Osborne, Benjamin Fisher, James Henckell, John Dover, John Curtin, Thomas Sentence, Samuel Gibbs, Calverley Bewicke, Richard Beckford, John Beach, John Fowler, George Lewen, William Whitaker, Abel Fonnereau, John Godfrey, William Dunbar. 1 large p. Endorsed, Presented to H.M. 13 October 1737. Copy sent to Mr. Keene, 4 November. [C.O. 5, 5, fo. 145a.]
October 14. New York.	541 Lieut.-Governor George Clarke to Council of Trade and Plantations. I obeyed your commands of 18 February by acquainting the members of H.M.'s council for this province who are appointed, with others, commissioners for settling the lines between Massachusetts and New Hampshire with what you directed me. Soon after the commission arrived, I received from the agent of New Hampshire a copy of it with letters and copies of the commission for the other gentlemen which were delivered to all of them except Mr. Harrison who has been in England these two years. And soon after came two gentlemen from Massachusetts on the same errand, but no signification from either province that they would reward their trouble or heed their expenses; so that none went from this town. But two gentlemen being likewise sent from Boston to Albany, they prevailed with Mr. Livingston to go. As for myself you know it was impracticable for me to leave the province. I have received your letter of 22 June acquainting me that H.M. had appointed Lord Delawarr governor of this province and Jersey. I assure you that I will do my utmost to preserve the tranquillity of this province, hoping in all things to acquit myself to your approbation and thereby to recommend myself to your protection. The assembly are sitting, but have yet done nothing but hearing and determining controverted elections. That is now over and 1 hope the house will proceed to business. Signed. 2 small pp. Endorsed, Recd. 22 November, Read 30 November 1737. [C.O. 5, 1059, fos. 33, 33d, 36, 36d.]
October 19. Palace Court.	542 Minutes of meeting of Trustees for Georgia. Received, receipts from the bank for 1l. 1s. paid in by John Amory and for 1l. 1s. paid in by Robert Hay being the consideration money mentioned in their respective grants. ½ p. [C.O. 5, 687, p. 43.]
October 19. Whitehall.	543 Thomas Hill to Francis Fane enclosing two Acts passed in Jamaica in July last for his opinion in point of law, vizt. Acts to enable the inhabitants of parish of St. Ann to build a barrack; to enable constables of parishes to make distress in collecting deficiency tax. Entry. 1 ½ pp. [C.O. 138, 18, pp. 272–273.]
October 19. Hampton. New England	544 Commissioners for settling the boundary between Massachusetts and New Hampshire to Council of Trade and Plantations, enclosing an exemplification of their whole proceedings. The court has been adjourned to 1 August next for further commands from H.M. particularly with respect to marking out the boundaries. Signed, Erasmus James Philipps, Otho Hamilton, John Gardner, John Potter, Ezekiel Warner, George Cornell. 1 ½ pp. Endorsed, Recd. 20 December 1737, Read 10 February 1737/8. Enclosed,
	544. i. Proceedings of the commission, 1 August to 19 October 1737. The following are the principal documents: the commission, the demands of New Hampshire, the demands of Massachusetts, the answers of each province to the demands of the other, the judgment of the commissioners, the appeal of Massachusetts.
	The judgement [at fos. 218d-219d] was: That if the charter of King William and Queen Mary dated October 7 in the third year of their reign grants to the province of the Massachusetts Bay all the lands which were granted by the charter of King Charles the first dated March 4 in the fourth year of his reign to the late colony of the Massachusetts Bay lying to the northward of Merrimac River, then the court adjudge and determine that a line shall run parallel with the said river at the distance of three English miles north from the mouth of the said river beginning at the southerly side of the Black Rocks so called at low water mark, and from thence to run to the Crotch or parting of the said river where the rivers of Pemigewasset and Winnepiseokee meet, and from thence due north three English miles, and from thence due west towards the South Sea until it meets with H.M.'s other governments, which shall be the boundary or dividing line between the said provinces of the Massachusetts Bay and New Hampshire on that side. But if otherwise, then the court adjudge and determine that a line on the southerly side of New Hampshire beginning at the distance of three English miles north from the southerly side of the Black Rocks aforesaid at low water mark and from thence running due west up into the mainland towards the South Sea until it meets with H.M.'s other governments shall be the boundary line between the said provinces on the side aforesaid; which point in doubt with the court as aforesaid, they humbly submit to the wise consideration of H.M. And as to the northern boundary between the said provinces the court resolve and determine that the dividing line shall pass up through the mouth of Piscatagua Harbour and up the middle of the river into the river of Newichawannock (part of which is now called Salmon Falls) and through the middle of the same to the furthest head thereof and from thence north two degrees westerly until 120 miles be finished from the mouth of Piscatagua Harbour aforesaid or until it meets with H.M.'s other governments, and that the dividing line shall part the Isle of Shoals and run through the middle of the harbour between the islands to the sea on the southerly side, and that the southwesterly part of the said islands shall lie in and be accounted part of the province of New Hampshire, and that the northeasterly part thereof shall lie in and be accounted part of the province of the Massachusetts Bay. Costs of the commission to be equally shared between the two provinces. Copy, certified by signatories of covering letter, 210 pp. Endorsed, as covering letter. [C.O. 5, 880, fos. 122–231d.]
October 20.	545 Royal licence of absence for six months to Governor Richard Fitzwilliam. Entry. 1 p. [C.O. 324, 37, pp. 79–80.]
October 20. St Christophers's.	546 Governor William Mathew to Alured Popple. I have given Capt. Snelling a box to be forwarded to you with the following public papers, vizt. Minutes of council of Montserrat 24 June – 29 September 1737, accounts of treasurer of St. Christopher's to 25 September 1737, minutes of council of Antigua, 1 November 1736–31 January 1736/7. I must desire you do not imagine I have had these last in my hands since January last, they being but very lately come to hand. Signed. 1 p. Endorsed, Recd. 4 January, Read 15 February 1737/8. Enclosed,
	546. i. Account of money received from William Buckley, late treasurer. Balance in hand 22 September 1737: 493l. 4s. 2 ¾ d. Signed, William Pym Burt, treasurer of St. Christopher's. 2 small pp.
	546. ii. Account of fusee money. Balance in hand, 13 September 1737: 261l. 19s. o ½ d. Signed, as preceding. Certified, 12 October 1737, by William Mathew. 2 small pp.
	546. iii. Account of hawkers' and pedlars' licences. Balance in hand, 22 September 1737: 171l. Signed and Certified, as No. ii. 2 pp.
	546. iv. Account of money appropriated to the use of negroes executed. Debit balance remaining, 22 September 1737: 3l. 3s. Signed and Certified is No. ii. 2 pp.
	546. v. Account of licence duty. Balance in hand, 22 September 1737: 28l. 11s. 3d. Signed and Certified, as No. ii. 3 pp.
	546. vi. Account of money appropriated to fortifications. Expenditure, 11 February 1735/6–22 September 1737: 1117l. 12s. -7 ¾ d. Balance in hand at end of account: 432l. 8s. 1 ¼ d. Signed and Certified, as No. ii. 2 pp.
	546. vii. Account of liquor duty, 21 February 1736–22 September 1737. Receipts: 1368l. 11s.11d. arising from 578 ½ pipes Madeira wine, 31²/3 tons beer and cider, 289 ½ dozen bottles French and Spanish wines, 5 gallons brandy, 1684 dozen bottles ale and cider, in 62 ships. Balance in hand at end of account: 1268l. 5s. Signed and Certified as No. ii. 4 pp.
	546. viii. Account of powder duty, 17 January 1735/6–21 September 1737. Recd. 16,544 lbs. on 167 ships of total tonnage of 16,544 tons. Delivered out: 16,898 lbs. Debit balance remaining: 354 lbs. Signed and Certified, as No. ii. 13 pp. Endorsed, Treasurer's accounts of St. Christopher's, Recd. 4 January, Read 15 February 1737/8. [C.O. 152, 23, fos. 74–75d, 77–98d.]
October 24. Whitehall.	547 Alured Popple to Council of Trade and Plantations referring to draft instructions for the governor of Bermuda. In 2nd article of Capt. Pitt's instructions there are names of twelve councillors inserted: but of them, there remain only Richard Jennings, Andrew Auchinleck, Francis Jones, John Butterfield, Nathaniel Butterfield, Leonard White. Three, Robert Dinwiddie, Samuel Burrows and Samuel Spofferth have since been appointed. Mr. Dunbar, surveyorgeneral of customs, having been appointed councillor in ordinary by H.M.'s order of 7 July 1734, you will please place him in what rank at that board you judge proper, he having never been there. Thus stands the council of Bermuda, by which you will observe there are two vacancies, the more necessary to be filled up because there must constantly be one vacancy occasioned by Mr. Dunbar's residence at Antigua. I beg leave to propose Perient Trott senior and Henry Corbusier as gentlemen every way qualified to serve H.M. as councillors in Bermuda.
	In 26th article of Capt. Pitt's instructions he was directed to propose to the assembly that a duty of 1d. per lb. be settled on exportation of tobacco. This instruction having been prepared at a time when the inhabitants of Bermuda did actually export tobacco might then have been very proper; but as this has not been the case for many years past I submit it to you whether it is necessary to continue this instruction any longer.
	By 28th article of Capt. Pitt's instructions settling his salary, the profit accruing by licences granted for whale fishing is made part of the governor's salary and reckoned to him as 100l. a year. But as this part of the governor's salary was taken from him by the circular instruction sent to all American governors in 1730, Capt. Pitt had an additional instruction empowering him to receive from the assembly an equivalent. Capt. Pitt in his letter to you of 30 May 1734 acquaints you that the taking from the governor the power of licencing persons in the whale fishery and thereby leaving it open to everyone was of bad consequence because the numbers of fishermen being thereby increased they hindered one another to that degree that they lost the whales and instead of exporting 4 or 500 barrels of oil to the West Indies, London, and Liverpool, as they used to do, they did not make enough for the use of the inhabitants. From the best enquiry I have been able to make concerning what is above-mentioned I have reason to think the fact is true. But although the interest of the islands may suffer by the fishery being left open, yet I believe the inhabitants may generally desire it should remain so because although less profit accrues to the whole yet those few who are successful make the greater advantages and everyone hopes he may be one of the successful few. As I am no way concerned in point of interest in the event of this instruction I hope you will not think I had any view in stating this affair but that you might determine for the good of the island.
	In the 37th article of Capt. Pitt's instructions relating to the displacing of judges etc. the words 'with the advice and consent of the council' is a wrong recital of the power given by the commission of appointing judges etc. The 41st article relating to salaries and fees is effectually provided for by an Act passed in Bermuda in 1694. The 47th and 48 th articles relate to appeals to the crown in pursuance of an Act passed in Bermuda in 1690 and 1691 for establishing and regulating the courts of judicature. But as other Acts have since been passed upon the same subject and as parts of these Acts seem to be contradicted by the 48th article you will please determine whether the said two articles are of any further service. [Marginal note: To see the Acts.] The 78th article seems at present obsolete, being provided for by several laws passed in Bermuda for regulating the militia in 1690, 1693, 1708 and 1717. [Marginal note: To see these Acts.] Articles 84, 85 and 86 seem to be entirely useless because the inhabitants of Bermuda are known to purchase no negroes either from the African Company or others, many slaves are exported from but none imported to Bermuda. Articles 88, 89 and 91 were properly given to such governors as went thither immediately after the dissolution of the charter formerly granted to the governor and company of Bermuda but at present they seem to be entirely useless. Signed. 4 ½ pp. Endorsed, Recd. 24 October, Read 25 October 1737. [C.O. 37, 13, fos. 17–19d]
October 25. Whitehall.	548 Council of Trade and Plantations to Duke of Newcastle, enclosing draft of commission for Alured Popple to be governor of the Bermuda islands, with representation thereon. Entry. Signatories, T. Pelham, James Brudenell, R. Plumer. 1 p. Enclosed,
	548. i. 25 October 1737. Same to the King, representing that in 1614 James I having granted to the Earl of Southampton and many others the Bermuda or Summer Islands, the proprietors sent persons thither with the title of lieut.-governor till 1684; when, some hardships having been laid on the inhabitants by the proprietors, a judgment was obtained upon a quo warranto, the charter was vacated, and the property reverted to the crown. Since then governors have been appointed with the title only of lieut.-governor, which we apprehend was a mistake that has hitherto passed unobserved. We therefore propose that the title of governor be inserted in the commission instead of lieut.-governor. Entry. Signatories, as covering letter. 2 pp.
	548. ii. Draft of commission for Alured Popple to be governor of Bermuda Islands. Entry, 22 pp. [C.O. 38, 8, pp. 185–209.]
October 26. Charleston	549 William Stephens to Trustees for Georgia. We arrived here 20th inst. By reason of contrary winds and bad weather in the Channel, after sailing from Gravesend 13th August it was 24th of the same month ere we could put out to sea, when we sailed from Studland Bay: the same evening we took our departure of land from the Start. That day eight weeks we made the coast of Carolina and the next day came into port. Crosswinds made us beat the sea five of the eight in getting the length of the Western Isles but prosperous gales attended us from thence and made amends by driving us through all in three weeks more. In our passage divers of our people, as well sailors as soldiers and servants, fell ill in fevers, frequently four or five at a time; but though it pulled them down very low yet we lost none, and by the help of a young Scottish surgeon on board bound for Carolina who could bleed and blister etc. they generally got on their legs again in seven or eight days; for which I thought he deserved some acknowledgement and I made him a present of 5l. this country currency, in sterling value little more than half a piece, wherewith he was content. Among so many sick I thank God I kept my health well and yet do, but was sorry the first news I met with at my coming ashore was of Mr. Jenys's death some time before which puts an end to that house. But his widow (now removed to a private one) employs a gentleman to transact all necessaries during the present situation of affairs whose name is Hopton and who principally negotiated all matters under Mr. Jenys during his life. Upon my delivering those letters I was entrusted with, Mr. Hopton was immediately ready to promote your service in giving me what assistance was needful.
	It was incumbent on me with as little loss of time as possible to get all ashore who were under my care as well for their security (because the ship lying close to a stage everybody promiscuously had free passage in. or out) as also that they might recover more strength by the help of a little fresh food for a few days before we proceeded on our next voyage; for which purpose we got a little old empty house just capable of receiving them and where they might boil their own broth; while they were attended by two negroes which I got Mr. Hopton to procure me who waited on them with what was ordered and needful and at the same time were indeed a guard upon them. It behoved me to take some boat large enough to carry all the goods as well what were consigned by the Trust to Mr. Jenys as what belonged to myself and others, and also capable of receiving such a number as we were so as to be under cover. For the state our people were in and the season of the year now would not admit of their lying open in the nights and the length of our passage uncertain too: wherefore upon consulting Mr. Eveleigh and some others who I knew were wellwishers to Georgia they all concluded it would be best to hire the schooner I did since no perriager I could find would answer the whole purpose, and as they demanded at least 70l. for freight, the advance of 30 more would make it yet cheaper to hire this which could do it all complete.
	The lieut.-governor, Col. Broughton, lies so dangerously ill in a dropsy that his life is expected to be very near an end. The same spirit of calumny reigns here as formerly with respect to Georgia where (if common fame were to be regarded) we are told the people are in want of everything; and their crop of corn, they tell us, is so very poor that it will do little towards their support. But from what I have formerly experienced of their kind disposition I suspend my belief of abundance that I hear, hoping to find it very different. There seems to be too much ground nevertheless for another report of great divisions and contention among them of which I learn divers articles have lately been transmitted from the opposites to be laid before you for your consideration. If I can anyway contribute to allay those animosities I shall think it a happy employment and I shall lose as little time as possible on that errand, purposing to set forward this evening or tomorrow at farthest and will omit no opportunity of writing what offers to give you the best information I can in whatever is expected from me. Finding a ship here from New England for London soon, I can't let the first slip without leaving this to go by her, howsoever imperfect it is till I know better what I ought to write. Signed. PS. Since the writing of this a ship appearing off the bar which was judged to be from London I thought it not amiss to wait her coming in; and it proved to be Capt. Reid by whom came a small box and a packet of letters directed to Mr. Jenys for Mr. Causton, both which I luckily now take with me. Mrs. Jenys's account will go by the same ship with this which I am apprehensive may appear at first sight somewhat extraordinary, wherefore I thought it necessary to observe a few things thereon which you will find noted and have certified the whole. W.S. 2 ¼ pp. Endorsed, Recd. 2 January 1737/8. [C.O. 5, 639, fos. 410–411d.]
[26 October.]	550 John Hamilton to Council of Trade and Plantations. I have already set forth to you the terms I am to give the people who come to settle with me and what benefit they are to render me. The following inducements, amongst others, are what generally create a desire in such people to settle under me. (1) The manner in which I propose to settle them, being 200 acres to each family and that surveyed out in proper allotments for them against they come there. (2) That I undertake they shall be furnished with provisions for the first year at an easy rate, and to have credit for it till they can conveniently repay it, together with some other necessary accommodations. (3) That I have discovered a certain method of clearing more land in a month by the labour of two men than twenty can clear in the usual manner in twelve months. (4) The things they are to propagate and the instructions I am to furnish them with to facilitate their getting of profit. (5) That I undertake to procure the people an easy and certain market for all their commodities as soon as they have raised them. (6) That I have something to propose when I get to the province which will ease my people as well as others from paying taxes of any kind, and yet raise a much greater annual sum than ever has been raised there hitherto, and a thing so conceived as to be highly beneficial to England as well as that colony and to be established without opposition. Signed. 2 pp. Endorsed, Recd. 26 October, Read 28 October 1737. [C.O. 5, 566, fos. 20–21d.]
October 27. Charleston.	551 William Stephens to Harman Verelst. By the enclosed which please present to the Trustees you will see all that my progress thus far has afforded. I could write many other particulars needful for me to impart to you, but betwixt one and another I am in a continual hurry here and therefore defer it till I come to Savannah which I hope (weather favouring) may be in a few days when I purpose to write by the vessel that returns hither from carrying us and expect it will be time enough to go by the same ship which is shortly going hence and which I leave this to be sent by from Mrs. Jenys's agent Mr. Hopton. We cannot learn any news by Capt. Reid just arrived more than what I brought with me, unless when I get to Savannah there should happen to be a letter for me in the packet for Mr. Causton: therefore know not what to conceive relating to our friend at Whitehall nor shall I, till my next, trouble you with anything further than to beg you will let such of my friends as enquire after me know that I am well. Signed. PS. I shall now wish for Capt. Nicholson's arrival and my son with him. 1 small p). [C.O. 5, 639, fo 413.]
October 27. Hampton Court.	552 Duke of Newcastle to Council of Trade and Plantations, enclosing for consideration and report an extract of letter from Lord Waldegrave, transmitting a memorial by M. Amelot containing proposal for adjusting disputes in the West Indies; with the project of orders to be sent to the French governors in America; and proposing similar orders to be sent to H.M.'s governors. Signed, Holies Newcastle. 1 p. Endorsed, Recd. 27 October, Read 28 October 1737. Enclosed,
	552. i. Lord Waldegrave to Duke of Newcastle, Fontainebleau, 29 October 1737 (N.S.), enclosing M. de Maurepas' project of orders the French propose should be sent to their governors in America as the rule for commerce. By this project the edict of 1727 is looked upon as quite dropped and the treaty of 1686 enforced with some explanations: ships taken under the edict and contrary to the treaty are to be restored. By this project the French ports to which English ships may resort are specified: it is expected that the King will name harbours to which the French may go and send orders to the same purport as these to English governors. This is all I have been able to obtain at the cost of infinite labour and trouble. Copy of extract. 2 ½ pp. Endorsed, as covering letter.
	552. ii. Memorial on navigation in America delivered by M. Amelot to Lord Waldegrave, 29 October 1737 (N.S.). In the orders proposed to be sent to the governors of British and French islands the treaty of 1686 is made the basis of regulation. The places in the French islands where English vessels in any want may anchor are specified; that is necessary not only to prevent contraband trade but because it is only in such places that vessels will find help. If ships cannot get it in those places they may anchor in others: they are enjoined to obtain the permission of the commander of the nearest place. It is expected similar orders will be sent to British governors. The French king proposes to make restitution of seizures made or to be made contrary to these proposals, and expects this to be reciprocal. He demands restitution of the Fleuron of St. Malo and the Mary Jane of Martinique and the return of the security given for the Fortune of Dunkirk. He will at the same time restore the proceeds of the sale of the Scipio; and will send strictest orders that British subjects except those coming for illegal trade shall be well-treated in the French islands. French, with English translation. Copy. 3 ½ pp. text, 4 ½ pp. translation. Endorsed, as covering letter.
	552. iii. Proposed letter from King of France to the governors of the Isles. It is agreed between the British and French courts that the treaty of 1686 shall be the basis of trade between the colonies of the two nations. All ships convicted by the depositions of crews or by papers on board of having traded or having the intention to trade contrary to article 5 of this treaty will be confiscated, subject to appeal to the Council of State. For further execution of the prohibition of illegal trade and in order not to hinder lawful trade it is agreed that all English ships going for wood or water to any French island shall be obliged to anchor in the following ports; in Martinique at Fort Royal, Bourg St. Pierre or La Trinité; in Guadeloupe at Basse Terre, Petit Cul de Sac or Fort Louis; in Grenada in the port of that name; and at Marie-Galante; in St. Dominigue, at Petit Guave, Leogane, St. Louis, St. Marc, Port de Paix, Cap Francois and Fort Dauphin. In case of pressing need so that ships cannot enter these places, they may anchor elsewhere on condition of sending notice to the governor of the nearest place and obtaining his permission in writing, arid of not trading; they shall be well treated and allowed to buy necessary victuals but may not stay longer than necessary to provide for their needs. My intention is that these conventions shall be executed and you are to make them known to subordinates. French, with English translation. Copy. Endorsed, Delivered by M. Amelot to Lord Waldegrave, 18/29 October 1737. Recd. 27 October, Read 28 October 1737. 2 ½ pp. text, 4 pp. translation. [C.O. 152, 23, fos. 50–64d.]
[October 27.]	553 Reply of Richard Partridge, agent for Rhode Island, to the answer of Francis Wilks, agent for Massachusetts, to the petition of Rhode Island for a settlement of the boundaries between the two provinces. (1) The answer of Mr. Wilks in no way reduces the force of the petition. (2) The complaint that the petition was in general and loose terms is groundless. (3) It makes no difference whether the land controverted contains 15 or 20,000 acres. The property of the soil is not in dispute, only the jurisdiction. (4) The attempt to make property the gist of the complaint is to seek to exploit the letters patent of James I to the Council of Plymouth in 1629 (sic); but the land in dispute is not contained therein. (5) The Rhode Island charter allows Pawtucket Falls to be the western line of the Plymouth colony; the land in question is to the westward of those falls. To assert that Narragansett Bay (which is part of the sea) and Pawtucket River (which is a brook no wider than a road) are the same requires no answer. (6) It is impossible to conclude that the land in question is within the Plymouth grant because Wamsitta, Sachem of Sawampsit, claimed jurisdiction over it and conveyed the same. (7) The settlement of the boundary at Pawtucket river in 1664 by commissioners is not conclusive as there were several irregularities in the proceedings of the commission. (8) The charter of 1692 incorporating Massachusetts does not include this land, it being before granted to Rhode Island; confirming all the lands granted to Plymouth to Massachusetts cannot reach the case since the land was no part of the Plymouth grant. (9) The Act of Massachusetts in 1694 laying out a township called Attleborough, confirmed by H.M., does not alter the case for that would be allowing a province to extend their jurisdiction as far as they thought fit.
	(10) Massachusetts asserts peaceable possession of the land. But there is no rule that makes possession become a right of jurisdiction, as in the case of property. The ruling of the commissioners of 1664 obtains only till H.M.'s pleasure be signified, which is what Rhode Island prays for. Rhode Island has all along claimed the jurisdiction and used all reasonable endeavour to obtain it. It was the ancient opinion of the inhabitants of Massachusetts that the land was not part of that province, as is illustrated by the case of Rev. Mr. Blackstone, an episcopal clergyman, who removed out of the jurisdiction of Massachusetts and settled on the land in question in 1661 and lived there free from the injunctions placed on him. (11) No argument drawn from purchase or improvement affects the case of jurisdiction. (12) The agreement between Massachusetts and Rhode Island in 1719 is foreign to the present case: it concerned the northern boundary of Rhode Island. (13) Massachusetts draws wrong conclusions in pretending to extend their jurisdiction further west than a due north line from Pawtucket Falls, the clear and express boundary fixed by the charter to Rhode Island. (14) Massachusetts fails to show the land to be part of the lands in Plymouth. (15) The charter to Massachusetts does not include the land in question. (16) It is hoped that the submissive disposition of Rhode Island will not be allowed to be a plea against the recovery of their clear, express and indisputable right. (17) It is not doubted, in view of the facts rehearsed, that H.M. will put an end to further controversy and establish the jurisdiction of Rhode Island. (18) Part of the lands now called Bristol, Freetown, Tiverton and Seconet, rightfully appertains to the jurisdiction of Rhode Island. (19) A small part of the land included in the ancient grant to Plymouth is comprehended in the boundaries of Rhode Island, to wit, Bristol and part of Freetown. But this was put under Rhode Island in 1663 just as the rest of the Plymouth lands were put under Massachusetts in 1692. (20) An authentic plat of Rhode Island is herewith presented wherein most of the controverted lines have been run by a noted artist belonging to another colony. Signed. 10 pp. Endorsed, Recd. 27 October, Read 14 December 1737. [C.O. 5, 1269, fos. 5–10d.]
October 28. Hampton Court	554 Warrant to Governor Richard Philipps (or in his absence to Lieut.-Governor Lawrence Armstrong) to approve or suspend sentences of courts martial in the regiment of foot at Annapolis Royal, Canso and Placentia except in the case of commissioned officers who may deserve to be cashiered or be guilty of capital crimes. Entry. 3 ½ pp. [C.O. 324, 37, pp. 85–88.]
October 28. Hampton Court	555 Warrant to Governor William Mathew to approve sentences passed by courts martial in the Leeward Islands except in cases of commissioned officers who may deserve to be cashiered or be guilty of capital crimes. Entry. 3 ½ pp. [C.O. 324, 37, pp. 81–84; another entry in C.O. 324 50 pp166–169.]
October 28. New Providence.	556 Governor Richard Fitzwilliam to Council of Trade and Plantations. In my letter of 15 April last I acquainted you of the apprehensions we were under here of an invasion from the Spaniards. But I did not then foresee the terrible consequences those apprehensions have since produced, for the inhabitants in general were thereby prevented reaping the usual benefits from the salt ponds which mostly enabled them to purchase their provisions and other necessaries for the succeeding summer and autumn; and the neighbouring colonies, having notice thereof and being sensible we have no other means of supplying our wants those times of the year, there being very little money among us, forebore sending us any provisions and, as one misfortune commonly succeeds another, we had such dry weather at the beginning of the summer as destroyed our Indian corn and other provisions that were put in the ground, so that there are very many among us who have not eaten either bread or meat these two months, their sole subsistence being crabs they pick up along the shore, fish when it is calm weather to take them, wild plums and whatever else they can find to pick off the trees. I am very apprehensive if chance does not throw some relief in our way suddenly our misfortune will be of long continuance, for if the people cannot get sustenance to carry with them out among the islands to enable them to cut braziletto wood, saw plank and reap the other benefits they usually do in the winter season, we shall be quite reduced. In the beginning of this scarcity I happened to have a good quantity of provisions in the garrison of which I lent the inhabitants as much as I could possibly spare, parcelling the same out in small quantities proportionable to the number of each family that was in greatest want, which at such times falling heaviest on the poor who are consequently mostly to be commiserated. I am very confident many of them will never be able to repay me and indeed I have reduced my stock of provisions in the garrison so low that I have been obliged to hire a sloop at a large expense to go to New York for beef, pork and bread, whereof I could not send for any great quantity because I was desirous to leave as much room in the vessel as possible for such of the inhabitants as had wherewithal to send for corn for their negroes. But if any accident happens to this sloop the garrison will I fear be in the same situation of famine with the rest of the country, for I do not know any nearer place than New York from whence we can have a supply at present, the time of the year not being yet come to get any meat at Carolina; and they have had so little bread and flour imported there this year occasioned by the great quantities of wheat exported from the northern colonies to Europe that, I am told, flour has been sold at Charleston at about 18 or zos. sterling the nett hundred and still continues at a most exorbitant price.
	Though I have had a great deal of sickness this last summer, the generality of the inhabitants have been very healthy which has given strong hopes that the climate is returned to its ancient temperature. These islands were heretofore remarkable for being the least infected with sickness of any part of the West Indies, and indeed we want but an increase of people and a little assistance from the crown to make them very beneficial to the public. For most of the inhabitants agree that Cat Island contains at least as much good land fit to cultivate sugar canes upon as Barbados, besides a large quantity of ground fit to produce corn, cotton trees, indigo, ginger, and savannahs or low ground fit to raise and fatten cattle upon. The soil they say is much the same with that of Hispaniola and Cuba and it would seem a little romantic to repeat what people who have lived there 30 years say in regard to the fertility thereof, which determines me to go and make a survey of the bays and creeks about it and to take some Barbados and Antigua planters we have here along with me to view the land in order to enable me with the more certainty to lay before you what advantages, or if any, may arise to the crown or public by settling that place, which I am persuaded might easily be accomplished because it has already gained such a character that many people at Barbados, the Leeward and Virgin Islands, who have a great number of slaves and no land to work them upon, are continually enquiring of such of our inhabitants whose occasions call them thither whether the ministry are come to any resolution to purchase these islands from the proprietors and give any protection or other encouragement to such as should settle that place in particular. You are not insensible how very much the lands in our sugar colonies are said to be worn out by a long cultivation of them and as to my own part I do not know at present where we have any new ground fit to produce sugar cane unless that of Cat Island prove so; for Jamaica is known to be so very sickly as to discourage most people of the West Indies who want land from going to settle there, and it is very remarkable that notwithstanding the great sickness we have had here a few years past among the white people our slaves have been extremely healthy insomuch that I believe we have not lost five since I have been in the government by sickness only, which if generally known would be a prodigious encouragement to people to remove their slaves hither, for the great mortality that often happens among them in the sugar colonies has reduced many a man. Enclosed are treasurer's accounts from Christmas to midsummer, council journals and lists of shipping from Lady Day to Michaelmas last. I have sworn into the council Samuel Frith in the room of James Jenner deceased. Signed. 2 ½ pp. Endorsed, Recd. 31 January, Read 1 February 1737/8. Enclosed,
	556. i. Account of duty inwards imposed by act of assembly in the Bahama Islands, Christmas 1736 midsummer 1737. 13 ships. Total of duty, 58l. 1s.
	Account of same outwards for same period. 22 ships. Total of duty, 75l. 7s. 9d.
	Account of taxes per poll and on lots of land in Nassau imposed by act of assembly in Bahama Islands for same period. 143 masters of families [names given] total of 'taxables', 326. Total yield of taxes, 53l. 11s. 3d.
	Account of arrears of taxes for same period, 5l. 11s.
	Account of H.M.'s revenue in the Bahamas for same period. Receipts, 409l. 9s. including balance from last account, 216l. 18s. Disbursements, 123l. 8s. 9d. Balance remaining, 286l. os. 3d. Signed, William Stewart, receiver-general. Certified, These accounts were examined in council and sworn to by William Stewart: Richard Fitzwilliam, 20 August 1737. 8 ½ pp. [C.O. 23, 4, fos. 33–34d, 36–41d.]
October 29. Shorebam in Lisbon River	557 Captain J[ohn] Towry to Alured Popple enclosing the state and condition of the fishery of Canso in Nova Scotia for 1737. Signed. ½ p. Endorsed, Recd., Read 17 November 1737. Enclosed,
	557. i. Account of fish made at Canso in 1737, by whom made, with the number of schooners employed by each person.
	No. of shoremen: 27 [names given]. Total of quintals: 40,000. No. of schooners employed: 65. No. of quintals shipped for foreign markets: 24,400; for New England market: 9600; for New England and West Indies: 6000. Barrels of train oil: 486. Price of fish, 10s. per quintal, of train oil, 1l. 4s. per barrel.
	Sack ships lading at Canso, whither bound and where belonging, with names of masters, ships and no. of quintals by each in 1737. Total of ships: 13. Home ports: London (j), Boston (2), Weymouth, Topsham, Exeter, Southampton, 'Charles' (fn. n1) and Ipswich (1 each). Total tonnage: 1040. Total men: 111. Destinations: Mediterranean (6), Bilbao (4), Barcelona (2), Lisbon (1). Quintals shipped: 24,400.
	Account of whale fishing in 1737 at Canso. No. of ships: 10. Tonnage: 601. Men: 152. Whales killed: 9. Barrels of oil made: 190. Price of whaleoil per tun: 7l. 4s. The reason of so small a number of whales killed at and about Canso is the vessels were employed in Davis straits. Queries answered as in the two former years. Signed, J. Towry. 3 pp. [C.O. 217, 8, fos. 25–28d.]