America and West Indies: November 1730, 21-30

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

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Citation:

'America and West Indies: November 1730, 21-30', in Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730, ed. Cecil Headlam, Arthur Percival Newton( London, 1937), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol37/pp357-376 [accessed 29 November 2024].

November 1730, 21-30



Nov. 21.	545. Memorial of loss and damage (328l. 14s. 7½d.) sustained by Thomas Williams of Boston by the loss of goods taken in the Anne (v. 6th Aug.) consigned to him from London. Deposition, signed, Saml. Maceby of London, broaker. Endorsed, Recd. 2nd, Read 18th Feb., 1730/1. 1½ pp. Enclosed,
	545. i., ii. Invoice and bill of lading of foregoing. [C.O. 388, 93. Nos. 5, 5–i, ii.]
Nov. 23. Whitehall.	546. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations "to consider of the properest methods to render the same of most service to the Publick." Signed, Ja. Vernon. Endorsed, Recd., Read 3rd Dec, 1730. 1¼ pp. Enclosed,
	546. i. The humble petition of the Right Honoble. the Lord Viscount Percival, the Honoble. Edwd. Digby, the Honoble. George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower, Robert More, Robert Hucks, Rogers Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Belitha Esqrs., the Reverend Mr. Stephen Hales, John Burton, Richard Bundy, Arthur Bedford and Samuel Smith, Mr. Adam Anderson and Thomas Coram, (fn. n1) Humbly sheweth, that the Citys of London and Westminster and parts adjacent abound with great numbers of indigent persons who are reduced to such necessitys as to become burthensome to the publick, and who would be willing to seek a livelyhood in any of your Majesty's Plantations in America if they were provided with a passage and means of settling there. That your petitioners being desirous of promoting an undertaking so beneficiall to the publick and well assured of considerable contributions for carrying on the same do humbly represent to your Majesty that they are willing to undertake the trouble and charge of transporting such poor persons and familys provided they may obtain a grant of lands sufficient for that purpose together with such powers as shall enable them to contract with persons inclinable to settle in America and to receive the charitable contributions and benefactions of all such persons as are willing to encourage so good a design. And we further humbly represent to your Majesty that great tracts of land within the limits of South Carolina are by the agreement between your Majesty and the late Proprietors of that Province vested in your Majesty and that on the southern part of the said Province the whole tract of land between the River Savanna and Alatamaha hath been hitherto unsettled by reason of oppositions given to them from their Indian and other neighbours and that it would be of great service to your Majesty's Province of South Carolina and in some measure to all your Majesty's Plantations on the Continent to which this Province is a southern frontier that there should be such a settlement on the said lands as would be capable of defending themselves against any invasions. And by being a barrier to South Carolina will occasion the taking up and settling many hundred thousands of acres of your Majesty's land lying between the said proposed settlement on the River Savana and Charles Town which for want of such protection have hitherto remained wast and uncultivated and in particular that large and fruitful tract called the Yamesee lands etc. Pray for grant of said tract of land and a Charter of Incorporation "whereby they may be enabled to enter into contract with such familys as will settle thereon, and to receive the charitable benefactions of all such persons as are desirous to promote so good a work and likewise to be enabled to form such by-laws as will be necessary for the well ordering of the said intended Colony." 21 signatures of above petitioners. Copy. 3 pp. [C.O. 5,362. ff. 2–4, 5v.]
Nov. 23. Admiralty Office.	547. Mr. Burchett to Mr. Popple. My Lords Commissioners have referred to Dr. Sayer, their Advocate in the High Court of Admiralty, the proceedings against Jeremiah Foolsome, etc. (v. 19th Aug. encl. ii). Asks for copy of Instructions of Governor of New Hampshire relating to the felling of wood etc. Signed, J. Burchett. Endorsed, Recd. 23rd, Read 25th Nov., 1730. ¾ p. [C.O. 5, 871. ff. 228, 229v.]
Nov. 23. Whitehall.	548. Order of Committee of Privy Council for Plantation Affairs. H.M. having been pleased by his Order in Councill of the 12th instant to referr unto this Committee a representation from the Lords Commissioners for Trade and Plantations for H.M. confirmation of an Act past in the Island of Jamaica "to prevent dangers that may arise from disguised as well as declared Papists," their Lordships etc. order that the said act and representation be referred to Mr. Attorney and Sollicitor Generall for their opinion upon the said act etc. Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1 p. [C.O. 137, 19. ff. 82, 85v.]
Nov. 23. Council Office, Whitehall.	549. Mr. Vernon, one of the Clerks of the Privy Council, to Mr. Popple. The Lords of the Committee of Council having appointed 21st Jan. to hear Counsell upon two petitions from Barbados and traders to the Sugar Islands, and three others in behalf of the Northern Colonies etc., and their Lordships apprehending that the matter in dispute betwen them is of great consequence to the trade of Great Britain, as well as to the interest of the Sugar Islands, are desirous that the Lords Commissioners for Trade etc. would be present etc., and transmit copies of the said petitions that they may be fully apprised of the matters complained of etc. Signed, Jas. Vernon. Endorsed, Recd., Read 1st Dec, 1730. 1 p. Enclosed,
	549. i. Petition of the Planters, Traders and other inhabitants of Barbados to the King. This your Island of Barbados was the first settled and mother of all your Majty's Sugar Colonys and has for many years past been a very profitable Colony to Great Britain not only from its produce and import of sugar rum melasses cotton ginger and alloes into Great Britain the taking off from thence great quantitys of woollen and other manufactures and goods that pay dutys to the Crown (which by means of the Barbados trade are not only consumed amongst the inhabitants here but are also exported from Great Britain to Africa Madera and the Northern Colonys for the purchase of negroes wine fish and other goods for the use of this island and thereby numberless hands have been employed in your Majestys Kingdoms and Territorys and great revenues have accrewed and do still continually accrew to the Crown) but has also been a great support to your Majesty's Northern Colonys and given a very great and profitable vent to their Fishery and other produce and also to the produce of Ireland besides employing in those severall trades great numbers of shipping and seamen on which the wealth and safety of the British Nation does so much depend, and after all leaves a considerable ballance in England to the benefit of the national stock. Within these few years great improvements have been made by the Dutch and French in their Sugar Colonys and great and extraordinary encouragements have been given to them not only from their mother countrys but also from a pernicious trade carryed on by them to and from Ireland and the Northern British Colonys and the French do now from the produce of their own Sugar Colonys actually supply with sugar not only France itself but Spain also a great part of Ireland and the British Northern Colonys and have to spare for Holland, Germany, Italy and other parts of Europe and the French and Dutch Colonys have lately supplyed the Northern British Colonys with very large quantitys of melasses for the making of rum and other uses and even with rum of their own manufacture to the vast prejudice of your Majtys. Sugar Colonys as rum is a commodity on wch. next to sugar they mostly depend, and they have in return for such sugar rum and melasses, shipping, horses, boards, staves, hoops, lumber, timber for building, fish, bread, bacon, corn, flower, and other plantation necessarys at as easy or easier rates than yor. Majtys' subjects of the Sugar Colonys have; for the continual supplys reced. by the Dutch and French from the Northern British Colonys have enabled them to putt and maintain a greater number of slaves on their plantations and to enlarge their sugar-works and make new settlements in new fertile soils and at the same time cost little being now purchased chiefly with melasses which before this late entercourse between the foreign Colonys and the Northern British Colonys were flung away as of no value, and thus the foreign Colonys are daily improving while your Majesty's Sugar Colonys are apparently declining and instead of supplying as they used to do France and Holland with sugar they are now almost confined to the home consumption of Great Britain and are in a great measure excluded from the Kingdom of Ireland and the Northern Colonys who instead of sending their produce as usuall to your Majesty's Sugar Colonys and taking sugar and rum in return do now often send it directly to the foreign Colonys in exchange for the produce of those foreign Colonys, and when they do send their produce to the British Colonys they insist upon being paid for them in cash which they export and lay out among the foreign Colonys in the purchase of the very same goods that they formerly used to supply themselves with from your Majesty's own Sugar Colonys to the enriching the foreign Colonys and impoverishing your Majesty's etc. The subjects of Foreign Powers have particular advantages over them etc.:—(i) The French and Dutch pay much less dutys both at home and in their plantations, whilst your Majesty's subjects of this Island are at a very great expence to keep up their fortifications and militia etc. exclusive of the 4½ p.c. etc., without any charge to the Crown. (ii) The French Sugar Colonys are permitted to trade to the Spanish islands of Margueritta, Trinidado and Porto Rico and also to carry their improved sugar at a duty of 1 p.c. upon exportation directly to any one of the Spanish ports in Europe without first importing them into France, whilst your Majesty's subjects are excluded from trading directly to any of the Spanish ports and are obliged to carry their sugar first into Great Britain (after paying a duty of 4½ p.c. in specie here upon exportation) before they can carry them anywhere else, and are obliged upon exporting them afterwards from Great Britain to leave in England a duty of near 2 p.c. and are putt to the risque of a double voyage besides the charge of it which amounts to above 20 p.c. more, (iii) They pay upwards of 10 p.c. more than the French or Dutch do for what sugar is carryed to your Majty's Northern Colonys etc., by which means these Colonys are most supplied with foreign sugar to the prejudice of the Plantation dutys being part of the aggregate fund, which might otherwise be greatly encreased, and altho' the French and Dutch do so vent their sugar as well as their rum and melasses to the Northern Colonys, yet yor. Majty's subjects of the Sugar Colonys are restrained from venting their produce to any of the French or Dutch Colonys and at the same time your Majesty's subjects of the Northern Colonys and Ireland have that advantage, (iv) The French subjects do actually send great quantity of sugar and other goods directly to Ireland without first importing them into Great Britain and paying a duty there to your Majty., which your Majty's subjects of the Sugar Colonys are obliged to do and they are supplyed with beef and other provisions directly from Ireland on as easy terms as your Majty's subjects are etc. Your Majesty's subjects of your Sugar Colonys have already suffered very much and must inevitably be undone thereby unless yor. Majty. will in yor. great goodness interpose and save them from the ruin now impending over them, which yor. Petrs. humbly conceive may be effected if order be taken to prevent any sugar, rum or melasses of the growth produce and manufacture of foreign Plantations from being imported into Ireland or any of the British Plantations or Colonys in America until they have been first imported into Great Britain and paid such dutys there to your. Majty. as those commodities are now liable to or that your Majesty's subjects of your Sugar Colonys may have the like advantages in these branches of commerce as the subjects of Foreign Powers now actually have etc. Pray for relief etc. 115 Signatures. Endorsed as preceding. Copy. 5 pp.
	549. ii. Petition of several Merchants, Planters and others interested in and trading to the Sugar Colonys in America to the King. Pray that goods from the Foreign Sugar Plantations may be prohibited from being imported into Ireland on H.M. Plantations as preceding. 87 Signatures. Same endorsement Copy. 1¾ pp.
	549. iii. Petition of Ferdinando Paris of London Gent. in behalf of the inhabitants of, and merchants and traders to Pensilvania to the King. Learning that some such application as preceding is intended to be made, and as such restraint would greatly impoverish if not totally ruin many thousands of H.M. subjects in the Northern Colonys and particularly in Pensilvania, prays that the said Province may have an opportunity (which yet it hath not had) of knowing what is objected to its trade by the Sugar Islands and a convenient time allowed to return its answer thereto, and that afterwards Councel for Pensilvania may be heard before anything be done etc. Signed, Ferd. John Paris. Same endorsement. Copy. 1 p.
	549. iv. Petition of Richard Partridge, Agent for New Jersie, Rhode Island and Providence Plantations, to the King in Council. London, 2nd Nov., 1730. Whereas there has been of late a petition from the Island of Barbados presented thee, against the Trade of the Northern British Colonys etc., Petitioner prays to be heard by his Council against the alligations of said petition etc. Same endorsement. Copy, ¾ p.
	549. v. Petition of London merchants trading to and interested in Massachusetts Bay, New Hampshire, New York and N. and S. Carolina. Refer to the Barbados petition and represent that most of the suggestions in it are mistaken in the matters of fact and the apprehensive consequences they draw there-from are without the least foundation, as will fully appear when Petitioners are heard by their Councel. The trade carried on by the Northern Colonies is very advantagious to this Nation and H.M. Revenues, "and if the same should be thrown under difficultys at the request of your Majty.'s Sugar Colonys much greater prejudices would thereby arise not only to the inhabitants and trade of your Majesty's Northern Colonys but also to the commerce and trade of your Majesty's Kingdom of Ireland and to the generall trade and navigation of this Kingdom, and also to your Majesty's Revenues, than any advantages that would thereby arise to your Majesty's Sugar Plantations could counterbalance." Pray to be heard by their Councel against the Barbados petition etc. 42 signatures. Same endorsement Copy. 1¾ pp. [C.O. 28, 21. ff 132, 133v.–136, 137v.–138v., 139v., 140, 141, 142, 142v., 143v., 144v., 145v.]
Nov. 24. Whitehall.	550. Duke of Newcastle to the Council of Trade and Plantations. Encloses following, for their further report, "what further directions are proper to be given for the effectual execution of H.M. most gracious intentions, for the preservation of peace and good order among his subjects in that Colony." Signed, Holles Newcastle. Endorsed, Recd. 25th, Read 26th Nov., 1730. 1 p. Enclosed,
	550. i.–vi. Governor of Newfoundland to the Duke of Newcastle, with enclosures. Copies of 25th Sept. supra. Endorsed as preceding. [C.O. 194, 9. ff. 1, 2–4v., 5v., 6, 7, 7v., 8v., 9v.–12v., 13v.–14v., 19v.]
Nov. 24. Antigua.	551. Lt. General Mathew to the Council of Trade and Plantations. Encloses Act of Antigua continuing John Yeamans as Agent for three years, similar to former act, and Minutes of Council of Nevis, 5th Jan.—25th Aug., 1730. Signed, William Mathew. Endorsed, Recd. 17th June, Read 22nd July, 1731. 1 p. [C.O. 152, 19. ff. 58, 61v.]
Nov. 24.	552. Mr. Fane to the Council of Trade and Plantations. He cannot pretend to say whether the King by virtue of his prerogative can do what is desired by the Agents for Connecticut. But supposing he could, suggests that it would be more for H.M. service to take the assistance of Parliament, as that method will be the least liable to objection etc. Signed, Fran. Fane. Endorsed, Recd. Read 24th Nov. 1730. 1 p. [C.O. 5, 1267. ff. 214, 215v.]
Nov. 24. Whitehall.	553. Council of Trade and Plantations to Sir William Strickland, Secretary at War. In pursuance of Gov. Philipps' Instructions, desire an order for detaching 40 men with officers from his Regiment to protect Col. Dunbar etc. [C.O. 218, 2. p. 221].
Nov. 24. Whitehall.	554. Mr. Popple to Mr. Attorney and Mr. Solicitor General. The Council of Trade and Plantations desire you will hear Mr. Paxton, in behalf of the King, and the Agent of the Massachusets Bay, upon their claim to the land between the rivers Kennebeck and St. Croix etc. [C.O. 5, 916. p. 396.]
Nov. 25. Whitehall.	555. Same to Dr. Sayer. Encloses copy of Governor Belcher's Instructions relating to the cutting of wood in New Hampshire, as requested by Mr. Burchett. [C.O. 5, 916. p. 397.]
Nov. 25. Whitehall.	556. Council of Trade and Plantations to the King. Propose Othnel Haggot for the Council of Barbados, in the place of Timothy Salter, decd. [C.O. 29, 15. p. 215.]
Nov. 25.	557. Memorial of loss and damage (90l. 2s. 6d. sterl.) sustained by Thomas Williams of London, merchant, owner of goods shipped on board the Richmond for Thomas Williams in Jamaica, taken off Jamaica, April 1728, by a Spanish privateer. Deposition, signed, Thomas Beckford. Endorsed, Recd. (from Edmund Anguish) 19th Dec., 1730. 1½ pp. Enclosed,
	557. i.–iv. Invoices, bill of lading and letter from Thomas Williams relating to foregoing. 5 pp. [C.O. 388, 92. Nos. 18, 18 i–iv.]
Nov. 26. Whitehall.	558. Council of Trade and Plantations to the Duke of Newcastle. Enclose copy of Governor Hunter's letter and papers relating to the Genoesa (v. 19th Sept.) [C.O. 138, 17. p. 305; and (the papers enclosed) 137, 47. ff. 69, 71–73.]
Nov. 26. Annapolis Royall.	559. Governor Philipps to the Duke of Newcastle. Begins with duplicate of Sept. 2nd and concludes with acknowledgment of receipt of the articles of Peace with Spain etc. Signed, R. Philipps. 9 pp. Enclosed,
	559. i. Account of fishing vessels cleared from Canso, Sept. 7, 1730. 4 large pp.
	559. ii. Duplicate of oath of allegiance, Sept. 2. encl. iii. 4 pp.
	559. iii. Duplicate of Sept. 2nd encl. ii.
	559. iv. Representation of René Charles de Breslay, Curé of Annapolis River, to Governor Philipps, 23rd Dec, 1729. Duplicate. French. 5 pp. [C.O. 217, 39. Nos. 3, 3 i–iv.]
Nov. 26. Whitehall.	560. Council of Trade and Plantations to the Duke of Newcastle. Reply to Nov. 24. Capt. Osborn is very shortly expected in town. We shall then be able more fully to make our report etc. Autograph signatures. 1 p. [C.O. 194, 23. No. 40; and 195, 7. pp. 253, 254.]
Nov. 26. Whitehall.	561. Same to Same. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
	561. i. Same to the King. In obedience to your Majesty's commands (Oct. 22nd), we have considered the several clauses of a paper lately communicated by the Guarde des Sceaux in France to the Lord Waldegrave; and we had already formed our opinion upon them when your Majesty's further commands were communicated to us etc. (13th Nov.) with three other papers upon the same subject etc. These several papers relate principally to the evacuation of Snt. Lucia, Snt. Vincents and Dominico; and by the first of them, in addition to the orders already approved for that purpose by your Majesty, the French propose that the ships of both Nations should be forbid to anchor at any of the aforesaid Islands under penalty of confiscation, except only to supply themselves with wood or water in cases of necessity: against which clause we should now have offered our objections had it been still insisted upon by the Court of France, because your Majesty will never be induced to enter into any agreement not sufficiently warranted by the laws of the Realm, which have always been the rule of your Royal actions; and therefore we should have proposed that this prohibition might have been guarded only by the pain of incurring your Majesty's displeasure. But we are glad to observe from the last papers which have been communicated to us on this subject that the French do now recede from this demand, and that their order of evacuation is couched in the same terms which we should have proposed. In the last papers transmitted from France there are likewise some observations upon your Majesty's order for the evacuation of Snt. Lucia, Snt. Vincents and Dominico, wherein it is recited that the French had of late set up a title to these Islands, which it seems they now disclaim with respect to the two last, pretending that the right to them is in the native Caribbeans. For the sake therefore of tallying with the French in this particular as well as the former (considering that it can be no prejudice to your Majesty's title to the said Islands) we have drawn a new order of evacuation free from the objections made to our former draught (v. Sept. 24), by the Court of France, which we humbly submit to your Majesty's consideration, and thus all difficulties being cleared up in order to the evacuation of these three Islands, till your Majesty's title to them shall be made out, we presume the French Court will make no further delay in the execution thereof. But there are still other matters contained in the papers lately received from France which remain to be considered, and are of very great importance, namely, their demand that the Island of Snt. Cruz should be evacuated, and that your Majesty's subjects should be absolutely forbid to settle on the Island of Tobago, to both which Islands His Most Xtian Majesty pretends he has an incontestable right. When we first considered this proposition we were inclined to beleive the French Ministers intended that these Islands of Snt. Cruz and Tobago should be put in the same state of neutrality with the other three, and included in the same order of evacuation; to which we should not have had any great repugnance, altho we do not know that your Majesty's title to Tobago was ever before publickly contested by the Court of France; and we hope we shall at least be able to prove that your Majesty's right to this last mentioned Island is built upon a foundation which will admit of no competition. With respect to Snt. Cruz the French may perhaps have more to say; but we hope not enough to invalidate your Majesty's claim to it; which will best appear, when we shall have prepared, as we shortly propose to do, a state of your Majesty's title both to this Island and Tobago. But in the mean time it is plain that what the French demand upon this subject would amount to a renunciation of your Majesty's right to both those Islands, which we conceive to be highly unreasonable, and we presume your Majesty will never be brought into a concession so derogatory to your right and Royal interest. As to the contraband trade said to be carried on by your Majesty's subjects, even under the protection of British men of war, to Martinico, Guardalupe and the french part of St. Domingo, we have hitherto received no intelligence of any such fraudulent commerce, and we hope there is no just foundation for this complaint: But your Majesty can be no loser by granting all the french Court desires upon this occasion, since any commerce that can be carried on contrary to Treaties subsisting between the two Crowns, will generally speaking be more detrimental to the interest of Gt. Britain than to that of France. Autograph signatures. Endorsed, Copy sent to E. Waldegrave. Nov. 30th, 1730. 7 pp.
	561. ii. Draught of H.M. Instruction to the Governor of Barbados. Whereas the French for some years have claimed a right to the Island of Sta. Lucia, and do insist that the right to the Islands of St. Vincents and Dominico under your Government, is in the Caribeans now inhabiting the same, altho' we have an undoubted right to all the said Islands, yet We have thought fit to agree with the French Court, that until Our right shall be determined, the said Islands shall be entirely evacuated by both Nations; It is therefore Our will and pleasure etc. as Sept. 24 supra, but with following clause added:—And you are to use your best endeavours that no ships of our subjects or of any other Nation do frequent the said Islands during the time aforesaid, except only for wood and water. Endorsed, Sent to the E. Waldegrave, Nov. 30, 1730. 1¾ pp. [C.O. 152, 40. Nos. 32, 32 i, ii; and 29, 15. pp. 216–223.]
Nov. 26. Annapolis Royall.	562. Governor Philipps to Mr. Popple. Reply to letter of 20th May. Regrets that the oath of allegiance administered to the French inhabitants of this river, should be thought not to have all the force that was intended. Continues:—The oath which I find in the printed books of the neighbouring provinces consists of few words, vizt. I promise to be true and faithfull and to bear true allegiance to H.M. King George, so help me God; which I have truely translated with the addition of the words, Je jure en foi de Chrêtien, to make it stronger, and afterwards to make it more significant to the circumstances of these people I added; que je reconnois pour le Souverrain Seigneur de la Nouvelle Ecosse et de l'Accadie, but the objection you mention turning upon the word, fidelle, as referring to a dative case the words, au Roy, should immediately follow; To which I answer that according to grammar (as I understand it) the conjunction couplative, et, placed between the words je promets et jure que je seray entierement fidelle, and, obeirai vraiement a sa Majesté le Roy George, makes both refer to the person of the King; and I am assured by French men that both, fidelle, and, obeir, do govern a dative case, if so then the oath I have fram'd is stronger than the originall English. And when ever the French Jesuits go about to explain away the allegeance of these people, they will make use of an argument more suitable to their principles that no oath is binding on a Papist, to obey what they call a heretick Prince. You will observe the oath administr'd since to the main body of the inhabitants up the Bay to be vary'd and not liable to that objection, the reason was their boggling at the word, obey, as being of too large a signification, but I think they gain'd nothing by the alteration. I am now to congratulate you on the widdows being put under your care which I heartily wish may be true. I have sent you two quintalls of fish which I hope will go safe to your hands in good order. Signed, R. Philipps. Endorsed, Recd. 23rd Feb., Read 23rd Nov., 1731. 2¾ pp. [C.O. 217, 6. ff. 68–69v.]
Nov. 26. Annapolis Royall.	563. Same to the Council of Trade and Plantations. Begins with duplicate of Sept. 2nd. Acknowledges letter of 20th May and H.M. Instructions for settling the Province. Continues:— I have receiv'd a letter a few days ago from Mr. Hintz, dated at Rotterdam ye 13th of July, which came to my hands open after being handed about by the people of Boston, signifying that he had severall Palatine families ready to embarque for Nova Scotia; I have yett no tideings of their arrivall on the coast, which gives me pain for them, they could not come here in a worse year of scarcity of all provisions, the grain haveing fail'd and the merchants (disappointed of their returns in corn as usuall) have slaughter'd store of both cattle and sheep up the Bay, to transport to Boston; I cannot expect those people now till next Spring, when they shall be taken the best care of that is in my power. Acknowledges Instructions for Col. Dunbar and encloses correspondence with him. Continues: I am inform'd that the people of Boston make it their business to discourage the settlement of this Province, by speaking ill of the country, by which means they did this last summer prevaile on about fifty familys bound for this Province to change their minds and the wealthiest of them transported themselves to Carolina, and the poor ones are now begging about Boston streets. I have wrote to the Governour on this head and wish those Palatines that are to follow could be advertised to steer their course directly to this place, under direction of a pilote, to avoid touching at Boston, where they will likely be seduc'd. Being now much indispos'd and fatigued with voyageing from allmost one end of the Province to t'other, and the vessells here being in haste to gett home 'tis almost as much as I'm able to do to prepare duplicates of what papers were sent from Canso, from which place I had the honour of writeing to your Lordships, and I am to acquaint you, that this duplicat of the inhabitants up the Bay's submission contains the additionall names (mark'd therein) of those who I mention'd not to be come in, at that time, so that there remains now not more than five or six scattering familys on the Eastern coast, to compleat the submission of the whole Province, whom I shall call upon in the Spring. I am sorry to find your Lordships think the oath not to be well worded etc. Repeats explanation given in preceding. Continues:—I have receiv'd the Seale of the Province which was a thing very much wanted here, the inhabitants seem much pleas'd to hear of it, and shew a desire of haveing their propertys confirm'd under that seal. I shall take care to affix no other to any instrument that passes in this Province. Some of your Lordship's Querys requiring farther information than I can yett come att in order to an exact answer, I shall not faile of sending it, God willing, by the next opportunity with whatever else is now omitted, hopeing that your Lordships will be so good to excuse me on account of my present indisposition. Signed, R. Philipps. Endorsed, Recd. 23rd Feb., 1730/1, Read 23rd Nov., 1731. 12 pp. Enclosed,
	563. i. Col. Dunbar to Governor Philipps. Boston, Sept. 16, 1730. Refers to his Instructions lately received. Continues:—I find them different from the first intention which induced me to begin [the new settlements] last year. I am now to begin at Penobscot and so on to St. Croix etc. I make you acquainted, [in accordance with directions of the Board of Trade] that I have sent to the Penobscot Indians to know if they would be willing I shd. settle near them, they shewed great surprize at ye question, and refused their consent. Asks for his directions therein, and acquaints him that he has desired leave to decline being thus concerned in that settlement etc. Continues: Governor Belcher has used indirect means to prevent my goeing anywhere from hence, the inclosed letter will open the whole scene to you, wch. I send because there are a thousand lyes about towne etc. P.S. Sept. 17th. I have received private information that if I go to Fredericksfort, Governor Belcher and his Council will send a force thither to take the fort, and bring me away prisoner, as claiming that part under this Governmt. If I do, their best Collonel and 500 men shall not take it from me; it was at home called to me the Western parts of Nova Scotia and is under your Governmt., as the Ministry have not proceeded upon the first intention of divideing it from Nova Scotia and erecting it into a separate Government, by the name of the Province of Georgia, I am now directed to call it George County in Nova Scotia, and any orders your Excellency will send thither will be obeyed. Major Cope writes to you all the publique news. Endorsed as preceding. Holograph. 2¾ pp.
	563. ii. Governor Philipps to Col. Dunbar. Annapolis Royall. Nov. 9, 1730. As to the Penobscot Indians, as they are the most considerable tribe in the Province and have the direction of Peace and War, and by reason of their distance and the uncertain knowledge of the boundaries, have never held communication with this part of the Government, etc., can only advise him, as he suggests, to gain them by the most gentle usage. Continues: There Councills are generally influenc'd by one or two Chiefs, and ye Missionary has always a weight there, who if a seculer Priest (as there ought to be none others in Nova Scotia by an order of ye Court of France) he will easily be brought to ye Government's side and to preach reason to those animalls; as I have experienc'd in these parts with success. Indeed I made use of ye prevaileing argument of presents, as ye best inforcement, and a great sweetner of ye blood, etc. Any other methods will certainly provoke a war etc. I wish the gentlemen who threatned to attack you in your fort etc., have not been underhand practisers with those savages, to disturb your project of settling Pemaquid, now Fredericks Fort etc., to which they pretend a right; I hope they have not been so very madd as to make such an attempt; if they have, no doubt but you thought self-preservation a duty, could I have believed any such thing and have gott time enough to your relief, the Captn. who commanded that expedition, if I had found him within my Government should have given a better reason for his expedition than Govr. Belcher's orders etc. To be fully informed, has "laid this sloop Capt. Bissett under orders to call in at your fort, to assure you of my readiness to give you assistance when required etc., this being the first opportunity of a vessell since my arrivall, the Province schooner not being in a condition to put to sea again this season till she has new sails" etc. Proposes a meeting in the spring, to set his Surveyors to work. There is a year gone and no progress made therein; I doubt we shall both be blamed etc. Tis true you sent two very worthy Gentlemen to receive my orders, both land surveyers; I cou'd give them no other then to sett about their duty to which was made reply that it was impossible for want of materials which they have no fund to provide, they mean vessells to coast them along and search ye rivers, without which it must be allow'd that ye work is impracticable, and the same if a Wood and Land Surveyer are not join'd in the execution, they being different sciences, these are the gentlemen's own words etc. I am truly sorry for the troubles and persecutions you have mett with at Boston etc. Signed, Richard Philipps. Same endorsement. Copy. 2½ pp.
	563. iii. Names of 609 French inhabitants who have taken the oath of allegiance since the last was sent home. The form of the oath is now; Nous promettons et jurons sincèrement en foi de Chrétiens que nous serons entièrement et nous nous soumettrons véritablement à sa Majesté George le Second Roi de la Grande Brettagne que nous reconnoissons pour le souverain Seigneur de la Nouvelle Ecosse et de l'Accadie. Signed, R. Philipps. Same endorsement. Duplicate. 2 large pp.
	563. iv. Extract of a grant of lands together with a seigneury in Accadie made by the King of France in 1703 to M. de la Tour, Same endorsement. French. Copy. 1¾ pp. [C.O. 217, 6. ff. 70–76v., 77v., 78v.–84v., 85v. (with abstract); and 217, 30. pp. 42–44.]
Nov. 27. Barbadoes.	564. Governor Worsley to the Duke of Newcastle. Acknowledges receipt of letter of 25th Sept. on 24th Nov., and has ordered publication of H.M. commands in relation to the piratical practices of Spanish vessells etc. Refers to his refusal to register a ship built at St. Lucia (v. 20th Nov.) Continues: I am now informed by the merchant, that built her there, that it is but a small sloop of 15 tons, this I thought fitt to advise your Grace of, and tho' he has no register he employs her about that island, as a coasting vessell etc. Signed, Henry Worsley. Endorsed, R. 15th Jan., 1730/1. 2 pp. [C.O. 28, 45. ff. 133, 133v., 134v.]
Nov. 27. Barbadoes.	565. Same to Same. Since writing the 20th inst. has received address of Assembly etc. (encl. ii). Continues: I am surprised to see how they prevaracate as to the fortifications etc., they would insinuate, as if they had represented the same to me, whereas the contrary is true, as will appear by my Speeches, tho' they have been so far from making a provision for the repairing them, that in the Excise bills for these two last year's, as well as the present, it is left out, as an use; tho' formerly it was the sole reason in the preamble of the Excise bills, for the laying of that duty: they complain very much of the peoples being loaded with debts, in all countrys some persons are in debt, But the country is out of debt, and if for these two years last past, the levy had been paid, there would have been at this time in the Treasury 7000l. which might have been applyed towards the repairing the fortifications. I know of no branches of trade they are deprived of, unless they mean, that the Northern Colonys send some ships with horses, and lumber to the French islands: they would insinuate, as if the poverty of the people had occasioned the forfeitures, that have incurred, in relation to the payment of the half crown levy, if the Assemblymen had done their duty in giving in the lists of the negroes, that had been given in to them, and the names of those persons, who had not given them in, there would have been no deficiency, for in the three parishes, whose representatives did their duty, the people have paid quietly, and only think it hard, they should pay, when the other parishes do not, nor are the inhabitants of these parishes richer than those in the other eight, there has indeed been a very great struggle to turn the representatives of those three parishes out, which they have indeed done, but by such means as was never yet known in Barbadoes, I am told they gave 150l. for a vote, ten moydors was common. I cant but be very much surprised to find, that they would shelter themselves under the opinions of eminent lawyers in England. I know of none but Mr. Reeves upon a case, that was not fairly stated, they having taken no notice of the King's Proclamation for continuing all officers, which was published here within six months after his late Majesty's decease. But upon a second case stated to him, wherein the said Proclamation was mentioned, his opinion is etc. "that H.M. Proclamation did as effectually continue Mr. Worsley Governour, as if a new commission had passed at that time to constitute him Governour, so that his office did not determine at the end of six months after his late Majesty's death, and his having a new commission afterwards will not, as I conceive, alter the case, because he hath not at any time since his late Majesty's death ceased to be Governour." Your Grace will likewise observe, that they insist in the said Address, that the particulars of all accounts should be laid before them before that they will provide for the payment of them, this is contrary to my 32 instruction, and which they aimed at two years ago by tacking it to an Excise bill, and was one of the reasons why the Council would not pass it; as was their pretending to name Agents, which they have now attempted by a bill, in which they choose Samuel Forster and Peter le Heup Esqrs., which by the Council was unanimously rejected: and in the same bill they had appointed a salary of 250l. sterling to each of them, and they have already received 500l. sterling each, and a considerable sum more has been subscribed for in order to support their petition in relation to the Sugar trade; which is founded upon the prohibition of a trade, that is not only allowed of, but even encouraged by my 96th Instruction, yet at the same time they would make the world believe they are almost reduced to want, tho' I am assured that there was £6,000 spent lately in two of the parishes, where the elections were contested. The Council here design to address me upon my Speech, which I shall likewise transmit by the first opportunity etc. Signed, Henry Worsley. Endorsed, R. Feb. 6th. 5 pp. Enclosed,
	565. i. Address of Assembly of Barbados to Governor Worsley. Duplicate of Nov, 20 enc. ii.
	565. ii. Address of Same to Same. In reply to following, express utmost joy and thankfulness at being called together "at a time when the people we represent were almost despairing of an opportunity of meeting your Excellency in their legislative capacity etc. They were reduced to this, and groaned under the dismall apprehensions of ruin etc. thro' the dreadfull menaces of certain restless artists, who have of late employed their whole industry in amusing some, and abuseing others, with the grossest impositions touching their libertys and fortunes" etc. Agree with H.E.'s Speech as to the blessing they enjoy in having a share in making laws, a blessing which none but British subjects freely enjoy etc. Have given the Excise bill the utmost dispatch, but being much stinted in time, chose to pass it as it stood the last year, saving only a small alteration in the allowance for leakage from 7½ to 10 p.c. in favour of the merchants and fair traders etc. Continue: "Thus we should hope to give your Excellency entire satisfaction etc., did not our spirits sink under the malancholy reflections which naturally arise upon consideration of these paragraphs in your Excellency's Speech. The ruinous condition of the fortifications hath been and daily is but too sensibly apprehended by us, and we have with a due concerne, as often as we had an opportunity, represented the same to your Excellency. But alas what avails our concern, unless some method be taken to remedy the impending evil in case of a warr. Is it possible, may it please your Excellency, for a people loaded with debts, threatened with ruin as to their private fortunes, and deprived of the benefit of the most profitable branches of trade, and whose sugars are at so low prices, that the current rates are scarce sufficient to defray the immediate charges of making them, or rather for a people whose trade is in a manner wholly lost, to raise taxes annually, or otherwise sufficient to repair the fortifications, whilst the yearly tax of about 8000l. has for 7 years past been drained from us, and paid to your Excellency. We are not insensible that some deficiencys may have happened therein, and that many forfeitures have incurred by reason of the poverty of the people, for the two last years; But 'tis no small satisfaction to us, that your Excellency has already received above forty and five thousand pounds of the publick money of this island, since your coming to this Government: a proof of itself sufficient to evince the impoverishment of a small Colony, at a time when upwards of 20,000l. more were raised for publick uses, over and above the continued annual excises etc. No pretences touching the validity of the law for supporting the Government etc. could prevail with any member of this House to obstruct, or defeat the purposes of that, or any other law of royall authority etc., but we begg leave to say, that the objections raised thereto by the generality of the inhabitants were supported by the opinions of eminent lawyers in England, who concluded the same expired on the demise of his late Majesty of glorious memory etc. With the greatest sincerity and most heartfelt thanks, we declare etc., that as we owe our all to the protection of our ever glorious Soveraigne, so we shall at all times cheerfully pay his most gracious Majesty the just tribute of our lives, and fortunes, whenever the same may redound to the honour and safety of our most Gracious King, his Crown, and Dominions etc. As to the mony said to be due to the Secretaries etc., they were obliged to address H.E. to lay the accounts [may be laid] before them, but as he has refused, they are entirely at a loss what to say or do. They consider it highly necessary that they should be acquainted with the particulars, in order to do their duty by the publick, "who are already but too sensibly impoverished, and reduced to great extremityes, not only by heavy taxes, but the calamityes of a lost, or decayed trade. And this caution we humbly conceive the more necessary whenever it is expected that the Representatives of the People should subject themselves to the payment of any sums, for matters, whereof they themselves in their legislative capacity, or otherwise, have not the least knowledge etc. No other answer can reasonably be expected, till this house be more happily informed in relation thereto" etc. Whatever deficiencies have happened in collecting the tax, have proceeded only from the miserable poverty of the people, "who thereby are forced to defend themselves and guard against the rigerous prosecutions, they are daily threatned with, thro' some real defects in the law laying that tax, and which in our humble opinions cannot be supplyed or expounded by any construction of the words of it" etc. Any methods to force the payment of this annual tax, must reduce the poor people to the utmost extreamitys of hunger and want. How far the law might be amended, in case a new law were submitted to our consideration, for the ease of the poor, we cannot at present say etc. But this fatall truth, we are too sensible of, that unless thro' H.M. most gracious interposition, to save this H.M. most ancient loyall Colony, and by his most glorious influence our trade is revived, or our taxes lessened, most of the inhabitants, as very many already have done, must desert their habitations, quitt the valuable utensills of their sugar works, and resort to some other of H.M. Colonys, that are happily in a more flourishing condition etc. Implore H.E.'s generous protection to a people, who. in their distressed condition, "if they deserve not your favour, do at least become objects of your humanity." Past the General Assembly, nemine contradicente, 25th Nov., 1730. 5½ pp.
	565. iii. Speech of Governor Worsley to the Council and Assembly. Duplicate of Nov. 20, encl. i. [C.O. 28, 45. ff. 135–137, 138v., 139, 141–143v., 145–146.]
Nov. 27. Barbadoes.	566. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter, mutatis mutandis. Signed, Henry Worsley. Endorsed, Recd. 9th Feb., Read 1st Sept., 1731. 5 pp. Enclosed,
	566. i. Duplicate of encl. ii preceding. Same endorsement 5 1/3 pp. [C.O. 28, 22. ff. 87–89, 90v.–98v., 94v.]
Nov. 30. Whitehall.	567. Duke of Newcastle to Governor Hunter. Refers to letter of Nov. 9 etc. as to provision for the two regiments etc. Continues: Having since received a letter from the Secretary at War, in which he represents, that unless quarters are provided for these regiments against their arrival, or at least hutts sufficient to defend them from the heavy dews that fall in that country, he is apprehensive, that great numbers of the men will dye or be rendered useless by sickness etc., encloses copy, that you may take proper care to provide such accommodations as may be necessary etc. Signed, Holles Newcastle. 1 2/3 pp. Enclosed,
	567. i. Sir William Strickland to the Duke of Newcastle. Whitehall, 25th Nov., 1730. As described in preceding. "The tents they carry with them will be of little or no use to defend them against the nightly dews" etc. Signed, Wm. Strickland. 2 pp. [C.O. 137, 53. ff. 281, 281v., 283, 283v.]
Nov. 30. St. James's.	568. The King to Governor Worsley. Whereas the French for some years have claimed a right to the Island of Sta. Lucia, and do insist that the right to the Islands of St. Vincents and Dominico under your Government, is in the Caribeans now inhabiting the same, altho' We have an undoubted right to all the said Islands, yet We have thought fit to agree with the French Court, that untill Our right shall be determined, the said Islands shall be entirely evacuated by both Nations; It is therefore Our will and pleasure, and you are accordingly to signify the same to such of Our subjects as shall be found inhabiting any of Our said islands, that they do forthwith quit the same, untill the right shall be determined as aforesaid; and that they do comply with this Our order within 30 days from the publication thereof, in each of the said islands respectively, under pain of Our highest displeasure; and you are to use your best endeavours, that no ships of Our subjects, or of any other Nation, do frequent the said islands during the time aforesd. except only for wood and water. But it is Our will and pleasure, that you do not execute this Our order, untill the French Governor of Martinique shall have received the like directions from the French Court, and shall, jointly with you, put the same in execution without any exception etc. You are to transmit to Us, by the first opportunity, a full account of your proceedings, and of the French etc., taking care by all opportunities to inform yourself, whether Our subjects and those of the French King do punctually comply with the true intent and meaning of this agreement etc. Copy. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 246, 247.]
Nov. 30. St. James's.	569. H.M. Warrant appointing Robert Wright Chief Justice of South Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 248, 249; and 324, 50. pp. 89, 90.]
Nov. 30. St. James's	570. H.M. Warrant appointing James Abercrombie Attorney General of South Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 249, 250; and 324, 50. pp. 90, 91.]
Nov. 30. St. James's.	571. H.M. Warrant for appointment of Thomas Lowndes as Provost Marshal, Clerk of the Peace and Clerk of the Crown of S. Carolina, during the natural lives of said Lowndes and Hugh Watson of the Middle Temple, said Lowndes having surrendered unto Us a grant of the said offices for the lives of himself and Hugh Watson under the Seal of the late Lords Proprietors, to be executed by them or their sufficient Deputies etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 252, 253; and 324, 50. pp. 91–93.]
Nov. 30. St. James's.	572. H.M. Warrant appointing Theophilus Gregory Master of the Court of Chancery in S. Carolina, "during Our pleasure and his residence." Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 255; and 324, 50. pp. 94, 95.]
Nov. 30. St. James's.	573. H.M. Warrant appointing William Smith Chief Justice of N. Carolina "during Our pleasure and his residence." Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 256, 257; and 324, 49. f. 85; and 324, 50. pp. 104, 105.]
Nov. 30. St. James's.	574. H.M. Warrant appointing Nathaniel Rice Secretary and Clerk of the Crown of N. Carolina, "during Our pleasure and his residence." Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 257, 258; and 324, 50. p. 106.]
Nov. 30. St. James's.	575. H.M. Warrant appointing John Montgomerie Attorney General of N. Carolina, "during Our pleasure and his residence." Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 259; and 324, 50. p. 107.]
Nov. 30. St. James's.	576. H.M. Warrant appointing Daniel Germain Provost Marshal and Commissary of N. Carolina, "to exercise and enjoy the said office by himself or deputy etc. during Our pleasure." Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 260; and 324, 50. p. 108.]