America and West Indies
April 1739

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Institute of Historical Research

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K. G. Davies (editor)

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1994

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72-90

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'America and West Indies: April 1739', Calendar of State Papers Colonial, America and West Indies, Volume 45: 1739 (1994), pp. 72-90. URL: http://british-history.ac.uk/report.aspx?compid=115265 Date accessed: 01 September 2014.


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Contents

April 1739

121
April 1
Augusta
Kennedy O'Brien to Trustees for Georgia. I settled in this township upwards of two years ago by Mr Oglethorpe's permission before he went last for Britain and have made considerable improvements here which has cost upwards of 300l sterling and that without a farthing expense to you. Since Gen Oglethorpe's last arrival here I have waited on him and showed him the enclosed plat which he has been pleased to approve so far as to fix his letter to you to it; and if you will comply with what he there recommends to you by sending me a grant for the same you will oblige. Signed. 1 small p. [CO 5/640, f 306]
122
April 2
Whitehall
Duke of Newcastle to Commissioners for Trade and Plantations requesting draft commission and instructions for Henry Medley, commander of HMS Romney, appointed governor of Newfoundland. Signed, Holles Newcastle. ¾ p. Endorsed, Recd. 3 April, Read 4 April 1739. [CO 194/10, ff 106, 106d, 109, 109d]
123
April 2
Palace Court
Minutes of Trustees for Georgia. Resolved that William Bradley be discharged from being overseer of the Trust's servants and from all other trusts. Commission and instructions to William Stephens, Henry Parker and Thomas Jones for examining and stating public debts in Georgia, read and ordered to be sealed. Entry. 1 p. [CO 5/687, p 117; entry of commissions and instructions, dated 2 April, in CO 5/670, pp 388–391]
124
April 2
Georgia Office
Benjamin Martyn to James Oglethorpe by Charles, Capt Hammond, and Prince, Capt Bowles. The Trustees in their last letter could not give you the satisfaction you might expect relating to their application to Parliament as they had not presented their petition and were uncertain as to the event of it. It has since been taken into consideration and on 26th of last month 20000l was voted for the further settling and improving the colony. Their success in this was partly owing to the critical situation of affairs (Georgia being at present more generally looked on as a national concern than it has been) and to the Trustees' vigorous representations of the debts of the province and what has occasioned them and that they shall not be liable to any others for the future. As the Trustees therefore are absolutely sure that they shall never be able to procure any more extraordinary grants from Parliament for maintaining the people or keeping up any stores, they hope the people will after having been supported for seven years give no room to the world to suspect that it is owing either to their want of industry or the badness of the soil or climate that they cannot support themselves. That the Trustees may come at a complete knowledge of the public debts of the province they desire that attested copies of all accounts between the Trust and any persons in Georgia, of their demands upon the store as well as the store's demands upon them (whether by money, servants or goods) which have hitherto been perfected in pursuance of your orders as signified in your letter of 7 October last, and not already sent, be transmitted to them with all convenient speed and particularly an attested copy of Mr Horton's account of cattle and corn advanced to the inhabitants of Frederica. They have likewise prepared a commission for examining and stating the public debts of the colony and have prepared instructions for the commissioners. By the measurers which they are taking to discharge the debts the remaining stores will be freed from those debts and applicable only to the future support of the colony.
The Trustees were pleased with the directions which you had given that those who had lodged any of their private goods in the store should have them immediately restored to them again. The Trustees cannot but take notice how much the public is indebted to you for the great zeal which you have shown for supporting the colony in its exigencies, even at the expense of your own fortune, but they now hope they shall soon be able to send over the proper assistance. The commissioners who are to state the public debts of the colony are likewise instructed to examine and state Mr Causton's and Mr Bradley's accounts which have given the Trustees great uneasiness. The Trustees observe what Mr Causton has said in extenuation of his offences: as to the converting of the public money for his own use it was not in his power, being too glaring an act, but he had it in his power to apply for his own benefit the stores and servants, which they find he has done. The Trustees have taken into consideration the petition of the old freeholders at Frederica desiring [MS: during] a loan of 2 lbs of meat, 6 lbs of breadkind, and 1 pint of molasses each head per week. As they find by the postscript of your letter of 7 October that their petition was reduced by their own consent to 2 lbs of meat each head per week, they are willing for an encouragement to gratify them in this till Michaelmas next and no longer. They therefore desire (as they will not keep any store open but for those whom they are obliged to maintain) that you will advance to the petitioners in money the value of 2 lbs of meat each head per week till Michaelmas next. They also desire that you will make the same advance for the same time to the five persons lately arrived at Frederica who petitioned to be supported till they could support themselves, which the Trustees say they cannot and will not undertake especially as the said persons were not sent over by them. The Trustees observe in your letter that mention is made of an establishment at St Andrews consisting of nineteen of the Trust servants and ten hired men, that you have reduced the ten upon hire but thought it necessary to allow them one month's pay for their return home. As the Trustees suppose the pay of the ten men has already been defrayed by you they are willing to allow it but they do not know what services the nineteen Trust servants are employed upon, unless upon the fortifications which do not belong to the Trust and which they cannot be at any expense about or maintain servants on.
The Trustees have sent by the Charles, Capt Hammond, 80 barrels of flour, about 25 cwt of cheese and 30 firkins of butter. They have ordered that these and the future stores the storekeeper do receive by the bill of lading in the presence of Mr Stephens and the first and second bailiff, or any two of them, who are to testify the receipt of the same; and that the storekeeper do not deliver out any part of the stores but under the direction (by written orders) of Mr Stephens and the first and second bailiff, or any two of them, and that the issue of the stores be in the first place to the Trust servants, in the second to the widows and orphans, and afterwards to such of the people as are in necessity from sickness or any unavoidable calamity. The Trustees have given directions that an account should be made up of all kinds of the stores that shall appear to remain at the time the present provisions shall arrive there, distinguishing the respective species and persons in whose hands the same shall appear to be. They have also directed that the storekeeper do keep an account of the sex, age, name and condition of every person to whom any part is issued and that he do punctually make up his accounts every month which are to be attested by Mr Stephens and the first and second bailiff, or any two of them, and transmitted every opportunity. The Trustees have appointed Mr Richard White to have the care of the provisions to be sent to the southern part of the province which are to be issued only by directions (in written orders) of Mr Stephens and the first and second bailiff of Frederica, or any two of them, in the same manner and under the same limitations as at Savannah; and he is to observe the same method in his accounts which are to be attested by Mr Stephens and the first and second bailiff of Frederica, or any two of them, and are to be transmitted every opportunity. When the stores now in Georgia and those sent by this ship are issued the Trustees are determined that there shall be no more stores in either part of the province but that all payments shall be made in money.
Mr Bradley being discharged by the Trustees from being overseer of the Trust's servants, the Trustees have given orders that Mr Stephens and the first and second bailiff of Savannah do find out and appoint a proper overseer of the Trust servants in the northern part of the province, and that Mr Stephens and the first and second bailiff of Frederica do find out and appoint a proper overseer of the Trust servants in the southern part; and that the overseers do keep accounts how many of the servants are employed and of the progress of their labour agreeable to the Trustees' letter of 11 August last, and the accounts are to be attested by Mr Stephens and the bailiffs or any two of them for each division and transmitted by every opportunity. The Trustees have ordered 20l to be given to Mr Stephens to pay the expenses he has contracted by the sickness of his family and 30l more in consideration of his losses by his servants' sickness. They have also ordered that what money is due to Mr Norris the minister be paid to him and desire that you will give it him, as well as the 50l to Mr Stephens, out of the sola bills which you carried over with you. They think it necessary that for the future the minister's salary of 50l per annum be paid to him quarterly in money. That the Trustees may have it in their power to evince the great utility of the province they desire that you will send them by the first opportunity plans of all the forts in Georgia and their situation, and likewise as particular a description as may be of all the islands and ports and their situations between Savannah and St Juan's River. The Trustees intend to take into their consideration the services of Mr Camuse. A committee is appointed by the Trustees to prepare a law that the legal possessors for the time being of lands in Georgia, being tenants in tail male only, shall be empowered in default of issue male by any deed or writing or by their last will and testament (attested by two or more credible witnesses to be registered in a limited time) to appoint any daughter as his successor to hold to her and the heirs male of her body, and in case of no daughter any male or female relation provided that the persons or persons so appointed do in court personally appear and claim the lot devised to her within eighteen months after the death of the grantor or devisor, and in default of such claim the lot to remain to the Trustees to be granted out by them. Entry. 4¼ pp. [CO 5/667, pp 220–224]
125
April 2
Georgia Office
Benjamin Martyn to [Samuel] Auspurger requesting maps of all the surveyed lands and accounts for whom the lands are, in what place, the number of acres, and the nature of the different soils. Entry. ¼ p. [CO 5/667, p 224]
126
April 2
Georgia Office
Harman Verelst to William Stephens. The Trustees received your letter of 2 January and your journal therewith transmitted: they came to the office the 16th of last month and will be considered by the first opportunity and their observations and directions which have arisen on your preceding journals or shall arise upon this last will be sent to you with all possible dispatch. But having observed that Joseph Hetherington, Henry Bishop and Francis Elgar (servant to Mrs Lacey) had been indicted of felony in killing some cattle belonging to Henry Parker and been found guilty of the indictment, and that the magistrates had suspended passing a judgment on them till they had the Trustees' direction, the Trustees are surprised that the magistrates have not applied to them for their opinion. If the case had been laid before the Trustees they would have been inclinable to think that they ought not to have been indicted of felony; but upon a clear conviction of any persons stealing or killing any cattle that appeared to be the property of any other person, the proper punishment would be a pecuniary mulct of three times the value. Herewith you receive a copy of the bill of lading consigned to Mr Abercromby at Charleston to be sent to Mr Thomas Jones from him, which consists of 80 barrels of flour, 30 firkins of butter and 14 casks of cheese, and a box of books directed to Rev Mr Norris which is to be delivered to him; and herewith you have a copy of the invoice of the said flour, butter and cheese. These provisions Mr Jones is to receive by the said copy of the bill of lading in your presence together with the first and second bailiff at Savannah, or any two of you, who are to testify the receipt thereof and thereby become a charge on him as storekeeper. And the Trustees have directed his discharge thereof to be only by written orders from any two of the three beforementioned and that he punctually make up his accounts every month not only of the provisions now sent but also of the issues of the stores remaining unissued on the receipt hereof, with an account of such remain, which are to be issued only by like written orders, which accounts are to be transmitted to the Trustees by every opportunity attested by yourself and the said first and second bailiff or any two of them. Directions in no 124 repeated here concerning: issue of stores to and by Richard White at Frederica and his accounting for same; priorities in issue of stores; mode of accounting for remains of stores; appointment of overseers of Trust's servants in both northern and southern districts who are not to be concerned in cultivation of their own lands and who will receive an allowance in the estimates from midsummer next.
The Trustees in consideration of your expenses by the sickness of your family have allowed you 20l to defray that expense and in consideration of your loss by your servants' sickness they have allowed you 30l more, which sums are to be paid out of the 500l in the Trustees' sola bills Gen Oglethorpe brought over with him; and the Trustees in their estimate from midsummer next will consider you for the additional business they have directed you to transact, being very desirous to encourage you as far as in their power to continue that care and full intelligence in the Trustees' affairs you have hitherto pursued. The Trustees have also directed that the salary of 50l a year due to Rev Mr Norris should be paid to him out of the said 500l in sola bills and that the said salary shall be paid for the future quarterly. The Trustees desire you will send them an exact list of all the Trustees' servants with their several times of service to which they are respectively engaged, and they desire to know what will be the expense fully to maintain by the week in victuals and clothes each servant, the Trustees intending to defray all expenses with ready money and to have no future store.
Herewith you receive a commission appointing yourself, Mr Henry Parker and Mr Thomas Jones commissioners for examining the several items of the following accounts certified by Mr Thomas Causton, copies whereof are herewith sent you, excepting the two not yet demanded, viz an account certified 21 January 1737/8 to Capt William Thomson for 469l 1sd; an account certified 25 March 1738 to Messrs Samuel Montaigut & Co for 772l 4s 7d; an account certified 15 April 1738 to executors of Paul Jenys for 590l 13s 7d; two accounts certified 29 April 1738 to Messrs Pytt & Tuckwell, the one for 102l 5sd and the other for 79l 13s 7d; an account certified 15 June 1738 to Recompence Stanberry for 68l 13s 11d and an account certified 25 June 1738 to Messrs Pytt & Tuckwell for 225l 7sd, neither yet demanded of the Trustees; an account certified 5 August 1738 to Messrs Samuel Montaigut & Co for 426l 0s 2d; and an account certified 20 August 1738 to Messrs Robert & John Williams for 587l 13s; and also to examine and state the several debts owing by the store in Georgia on 10 October last which are specified in a list thereof herewith sent you, copied from that the Trustees received from you on 22 January last amounting in the whole to 6688l 1sd, and to examine and state whether any parts thereof are included in the beforementioned certified accounts, and if any and what parts of either hath at any time been paid and satisfied; and also to state how much of the account certified to the executors of Paul Jenys now remains due after the credit for the duty of rum, and 3l 3s otherwise due to the Trustees, is given according to the account herewith sent you as stated by the Trustees: in which commission a power is given to the commissioners to administer oaths to the claimants and persons they shall produce in evidence, and herewith you receive instructions for the executing the said commission and for examining and stating the accounts of Mr Thomas Causton and Mr William Bradley. Information concerning new law to permit female inheritance in no 124 repeated here. Dr Beniman preached before the Trustees that day and I have sent you six of his sermons and will send more by the next opportunity. PS. Please to acquaint Mr Henry Parker with what relates to him, and Mr Richard White and the 1st and 2nd bailiffs of Frederica with what relates to them. I have wrote to Mr Jones. Entry. 4¼ pp. Enclosed:
126 i Invoice of flour, butter and cheese shipped on Charles, Capt Henry Hammond, by bill of lading dated 31 March 1739. Entry. ¾ p. [CO 5/667, pp 225–229]
127
April 2
Georgia Office
Harman Verelst to Thomas Jones repeating orders in nos 124 and 126 concerning consignment of provisions by Charles, accounting for same, commission for examining accounts and debts in Georgia. Entry. 1½ pp. [CO 5/667, pp 230–231]
128
April 2
Georgia Office
Same to Rev Martin Bolzius. Carpenter, shoemaker and five single women are on their way to community at Ebenezer; the Trustees have supplied the shoemaker with leather on condition of making shoes for the orphan-house at half-price. Schoolmaster should instruct the Salzburgher children in English and the people should speak it. Entry. ¾ p. [CO 5/667, pp 231–232]
129
April 2
Georgia Office
Same to James Abercromby sending bill of lading to be forwarded to Thomas Jones at Savannah and seven passengers from Salzburgh on their way to Georgia. Charges will be paid. Entry. ½ p. [CO 5/667, p 232]
130
April 2
Georgia Office
Same to William Bradley. The Trustees have this day discharged you from being overseer of servants and have appointed a commission to examine your account. Entry. ¼ p. [CO 5/667, p 232]
131
April 10
N Carolina
Governor Gabriel Johnston to Duke of Newcastle. A little before last Christmas I ordered writs to be issued for calling an Assembly of HM's subjects of this province which accordingly met at New Bern on 6 February last and have passed several very beneficial laws, particularly an Act for granting HM a rent-roll and for the more effectual collecting of his quitrents, an Act for the improvement of the trade and navigation of this province, an Act for the more speedy administration of justice by establishing of circuit courts, and a great many other good laws, more than has been passed by all the Assemblies since the foundation of the colony. It is with great pleasure I now inform you that after a five years struggle, during which I have suffered infinite hardships and no means have been left unattempted to induce me to depart from my instructions, matters are at length brought to this happy issue and in a country where disorder and confusion have prevailed from its first settlement the foundations of peace and good order are at last so firmly laid. I was assured at the breaking up of this session by the most considerable members of both Houses that at their next meeting in November they were firmly determined to pass such other laws as might be judged necessary for HM's service and the public good. I have ordered the secretary to make out a fair copy of the Acts and other proceedings of this Assembly which shall be speedily transmitted to you. Signed. 1½ small pp. Endorsed, R, 16 July. [CO 5/309, ff 137–138d]
132
April 10
Cape Fear
Same to Commissioners for Trade and Plantations. In substance same as no 131. Signed. 1½ small pp. Endorsed, Recd. 3 July 1739, Read 5 July 1739. [CO 5/295, ff 145–146d]
133
April 11
Whitehall
Commissioners for Trade and Plantations to the King. We have received from Governor Belcher a bill passed in Massachusetts for emitting 60000l in bills of credit to which the governor did not give assent, it being contrary to his instructions. We have taken account of the sentiments of the British merchants and propose that the governor be empowered to give his assent to a bill for emitting this sum on the following conditions. (1) No new bills to be made current until all emitted before 1727 be called in and sunk. (2) No new bills to be issued more than the value paid off in each year out of the paper money now current and emitted since 1727. (3) Value of new bills to be fixed at 6s 8d. (4) New bills to be redeemed periodically after 3, 6 and 10 years. (5) Proper provision to be made for deficiencies arising by insolvency of borrowers. (6) No special contracts made for gold, silver or merchandise to be affected by the Act. (7) Suspending clause to be inserted. Entry. Signatories, Monson, M Bladen, Edward Ashe, J Brudenell, A Croft, R Plumer. 9½ pp. [CO 5/917, pp 259–268]
134
April 11
Whitehall
Same to Duke of Newcastle enclosing drafts of commission and instructions to Henry Medley, appointed governor of Newfoundland, with representation thereon. Entry. Signatories, Monson, A Croft, Edward Ashe, R Plumer, J Brudenell. ½ p. Enclosed:
134 i Same to the King. No alteration from commission and instructions given to Philip Vanbrugh. Entry. Signatories, as covering letter. 1 p. [CO 195/7, pp 480–481; signed original of covering letter in CO 5/198, f 10; draft commission in CO 5/198, ff 14–17d]
135
April 16
Some Observations on the Right of the Crown of Great Britain to the Northwest Continent of America, by discovery, occupation, conquest and treaty. Presented to the Duke of Newcastle by Harman Verelst. With supporting documents 1495–1739. Entry. 105 pp. [CO 5/283]
136
[April 17]
Proposals about the limits of Florida and Carolina received from Harman Verelst. Limits of Florida to extend to southern shore of River St Juan with freedom of navigation of that river, being in 30° 10' north. Limits of Carolina to extend to northern shore of said river, which being narrow lies about the same latitude. Spaniards to demolish Picolata, a small fort on the northern side of said river, and to make no settlements or build any forts on the north side of said river. And the English to ereçt no other forts further to the southward than their present fort called St Andrew in the island of Cumberland formerly called St Pedro in lat 30° 30' north. By which means a space of about twenty miles will be left as a frontier between Carolina and Florida on the northern side of the said River St Juan, whereon the subjects of neither crown to erect any forts or settlements. NB. There are a few men kept at St George's Point on the northern side of the River St Juan as a lookout, the Spaniards having a lookout of the like nature on the southern side. 1¼ pp. Endorsed, R, 17 April, from Mr Verelst. [CO 5/654, ff 211–212d]
137
April 18
Whitehall
Commissioners for Trade and Plantations to the King recommending William Mackinen to be of the Council in Antigua in the room of John Duer, resigned. Entry. Signatories, M Bladen, Edward Ashe, James Brudenell, R Plumer. 1 p [CO 153/16, p. 158; entry of warrant, dated 17 June 1739, in CO 324/37, p 129]
138
April 18
Whitehall
Same to same recommending Richard Oliver to be of the Council in Antigua in the room of Samuel Byam, deceased. Entry. Signatories, M Bladen, Edward Ashe, James Brudenell, R Plumer. 1 p. [CO 153/16, p 159; entry of warrant, dated 16 June 1739, in CO 324/37, p 129]
139
April 18
New York
Lieut-Governor George Clarke to Duke of Newcastle. The smallpox being in town, and one third part of the Assembly not having had it, I gave them leave to sit at Greenwich, a small village about two or three miles out of town; but there, too, their fears of that distemper continuing, I was obliged on their request to give them leave to adjourn to the fourth Tuesday in August, having first passed a bill to revive an Act passed in 1737 for laying duties on wine, etc, and another of a more private nature. What they will then do I cannot yet tell. You may be pleased to observe by an enclosed paper that much pains is taken to keep them from going right, and in truth those notions are too predominant in the province. That paper was published the day before the election in this town, and I could not possibly get my answer printed before the election. However, judging it necessary not to let it go unobserved, I got the enclosed answer printed in two or three days, hoping to expel the poison which the other paper had infused into the minds of the people. If I have failed either in matter or manner, or both, I hope you will impute it to my want of ability, for I wrote it in the integrity of my heart. I do myself the honour to send you my speech and the Assembly's address. I am now almost two years in arrear of my salary and perquisites and am daily running in debt to support a numerous family; but, let my necessities be what they will, I assure you that nothing shall divert me from my duty to HM and that I will leave nothing unattempted to bring the Assembly to theirs and I hope patience and moderation may at length have an happy effect. I beseech you to be assured that I will not do (as I have not hitherto done) anything to occasion disturbances here or complaints at home. The people are very quiet and easy in all things except that of giving a revenue for a term of years, that being the point in dispute between us. Signed. 2¼ small pp. Endorsed, R, June. Enclosed:
139 i Many of the Electors of the Two to the Electors of the Four, send greeting. Gentlemen, we cannot without some resentment in our minds (though for peace sake we are loath by word to express it) hear of many falsehoods most industriously inculcated by some of you against the two members we have requested to stand as candidates at the coming election; we are so far from charging all or a majority of you with doing so; we suspect only a few that from private views and aspiring at a domination over this city, and despising moderation, equality and a just balance, have set despicable hands at work who stick at nothing in the way they take to spread such calumnies amongst us. There are many witnesses that our Two cannot be supposed to do the things imputed to them, for before we resolved they should stand we interrogated them to the questions following or to that purpose, to which they gave answers to the following purpose. And in order to obviate the calumnies spread abroad concerning these two gentlemen we find it necessary to publish the same questions with their answers.
Question 1. If you are elected a representative for the city in the ensuing General Assembly, will you do the best you can for the benefit of the colony in general and of the city in particular, and promote the interest, trade and commerce thereof?
Answer. I will.
Question 2. Will you, directly or indirectly, consent to or connive at the granting a support for five years or any greater number of years than one? This question is demanded of you because the practice of granting a support for five years was not introduced into this colony till the first of the two late long Assemblies, each of which did twice give a five years support, and by unhappy experience we have thence found that the governor hath been too much independent of the people, the means of redress of public grievances hath in a great measure been taken away, and such laws as were needful for the country have been rendered difficult to be obtained, which have tended during the two last long Assemblies to the great grievance and oppression of the people of this colony.
Answer. I will not, directly or indirectly, consent to or connive at the granting a support for five years or any greater number of years than one.
Question 3. Will you, directly or indirectly, consent to or connive at the granting of any public money of this colony without appropriation, thereby putting it in men's power to waste and squander it away, contrary to the intent of the givers, as too often heretofore has been done?
Answer. I will not.
Question 4. Will you do your best endeavours that the minutes of the Assembly be printed with the names of all the voters to any material question, if demanded by any one member, pro and con as they voted, and also the names of the neutral persons, that we may see who have best discharged their duty?
Answer. I will.
Question 5. Will you do your [best] endeavour that an Act be passed for the frequent electing of representatives to serve in General Assembly that our trustees may not (as too often heretofore) turn lords and petty tyrants over us, studying to support and continue their own domination and neglecting the grievances and interest of the people of this colony, and will you use all means in your power to obtain His Majesty's royal assent thereto?
Answer. I will.
Question 6. Will you use your utmost endeavours that an Act be passed to preserve the freedom of elections and to prevent bribery and corruption therein, and particularly that elections may be by BALLOT as in the neighbouring colonies, and will you use your best and sincere endeavours that His Majesty's royal assent may be had thereto?
Answer. I will.
Question 7. Will you accept of any office for yourself that is in the gift of the governor or make interest for any such office for any other person during such time as you shall continue an Assemblyman, or will you accept of any promise during your being an Assemblyman of such office to be conferred on you or any other person after you shall [? cease to] be one of the Assembly?
Answer. I will do neither.
Question 8. Will you do your utmost endeavours that the people of this colony may have an agent to solicit their affairs at the court of Great Britain Dependent only on the Assembly?
Answer. I will.
We further intend at the place of election, before we give a vote for the Two to demand of them, Whether they agree to those answers to the above eight questions? Which if they agree to, then we will vote for them, but otherwise not. And further, if in the meantime you can propose any other reasonable thing that they ought to be limited to, or if we can think of anything further, we shall in like manner examine them upon it.
Gentlemen, we have made enquiry whether you took any precautions when you set up your Four? and are really concerned to hear that no care hath been taken by you on this head, but have trusted yourselves and us as far as you could to their discretion: a power too unbounded for any man to be possessed of. Were we not concerned in them as you (which we are by our consenting that Two of your Four shall be chosen, by our setting up only Two) we should take no notice of this. But as we have an interest in them equal with you, we conceive it is our duty both to you, our fellow-citizens, and to ourselves and posterity who must suffer with you if they act wrong, still to remind you who are for the Four to examine them publicly upon the intentions of their conduct, that you may have a right to use them as they shall deserve if they act contrary to your inclinations and their own promises and betray the trust reposed in them. And should they refuse to explain themselves publicly on these heads we entreat you as yet to think of other persons that will; and if you cannot find any amongst you who will so explain themselves we can present to you enough of as good men who will make those promises and perform them. Printed. 1 large p.
139 ii An Unanswerable Answer to the Cavils and Objections (Printed or not Printed, or not worth Printing) Against a Paper lately Published, called Many of the Electors of the Two to the Electors of the Four. Printed. 4 pp.
139 iii Speech of Lieut-Governor Clarke to General Assembly of New York on 27 March 1739. Printed. 3 pp.
139 iv Address of General Assembly of New York to Lieut-Governor Clarke. Printed. 1 p. [CO 5/1094, ff 85–92d]
140
April 18
New York
Same to Commissioners for Trade and Plantations acknowledging receipt last night of letter of 6 December. I will more particularly answer by the first ship bound for London, but there being one just upon the departure and impatient to sail for Holland I only acquaint you that the smallpox being in town and nine of the twenty-seven that compose the House of Representatives have not had it, they desired my leave to adjourn to a small village about two or three miles off, but that would not quiet their fears; wherefore, having passed a short bill to revive the Act passed in 1737 for laying duties on rum, etc and one to restrain hogs from running at large, I was obliged on their request to give them leave to adjourn to the fourth Tuesday in August, hoping by that time the smallpox will be entirely gone. What I shall then bring them to I cannot yet tell, for though the province is very quiet and people live well with one another, yet you will see by the enclosed printed paper what their prevailing thoughts are by which those who have contrary notions are swayed against their will. That paper came out the day before the election for this town and was read publicly to the candidates. I had no time to answer it and to get my answer printed before the election but in two or three days I published the enclosed answer, judging it highly necessary that some notice should be taken of it to prevent its ill effects if it might be. I likewise send my speech and the Assembly's address. Signed. 2 small pp. Endorsed, Recd. 20 June, Read 21 June 1739. Enclosed:
140 i Printed copies of no 139 i–iv. [CO 5/1059, ff 84–85d, 89–94d]
141
April 19
Jamaica
Governor Edward Trelawny to Duke of Newcastle. In a letter dated 19 July 1738 I represented to you the difficulties I should meet with in complying with my additional instruction relating to the Jews in case I should not before the meeting of the subsequent Assembly receive HM's orders about that affair. Annexed to that letter I sent you two papers containing reasons for the taxing of the Jews. Copies of that letter and those papers I herewith send. I put off the meeting of the Assembly to the utmost; it met on 13 March. The bill to tax the Jews in the same manner as before has been passed this session by the Council and Assembly, but not by me till within a day of the expiration of the former because I remained in hopes of receiving orders concerning it from you. As I did not receive any, I was forced to pass it lest by rejecting it I should have brought HM's troops into the most extreme distress, which not admitting of any remedy might have produced disorder and even mutiny, as has happened before upon the same occasion. This, though to be feared and avoided at all times, at present would certainly defeat the entire reduction of the rebels, which is already far advanced, if not produce greater calamities than have hitherto been felt; for the clause to tax the Jews is again, as I told you it probably would be, inserted in the bill for raising the additional subsistence paid by this country to HM's troops which nearly equals their pay from England. The Council unanimously advised me to pass this bill for the reasons hereunto annexed. Address enclosed. Signed. PS. I herewith enclose list of Spanish ships of war in West Indies which I believe may be depended upon. 2¼ pp. Endorsed, R, 2 July. Enclosed:
141 i List of Spanish ships of war in West Indies. At Havana: Guiposcoa, 66 guns; Grand Leon, 70 guns; Retiro (new), 50 guns. At Vera Cruz: Castilla, 60 guns; Esperansa, 50 guns; St Juan, 50 guns. At Cartagena: Conquistador, 60 guns; Europa, 60 guns; Africa, 60 guns; Dragon, 60 guns; Triumph, 24 guns; Chata, 20 guns; Ceitan, 20 guns; a snow, 14 guns. Ships lost and condemned: Victoria Galera, 50 guns; Incendio, 40 guns; Lan-Frank, 50 guns. Two 70-gun ships on the stocks and will be ready for sea in about nine months. 1 p.
141 ii Reasons of Council of Jamaica delivered to Mr Trelawny (after seeing his additional instruction) to pass the bill for taxing the Jews. The question is of the greatest importance. We have before us HM's instruction and at the same time we are entrusted with the safety of the country. If we adhere strictly to the instruction we inevitably involve the country in the greatest confusion; if we depart from it we may incur HM's displeasure. We have already shown our regard to the instruction by amending the deficiency law in which some distinction was made in prejudice to the Jews. The Assembly have adhered to their bill; that bill is lost which raised men or money for the defence of the colony. The additional duty bill is of much greater consequence. The eight independent companies are more amply provided for in this bill than formerly and there is no other possible way in our power to support them. The mischief need not be pointed out of leaving the companies unprovided, which are near equal to a third part of the male inhabitants of this country, and that at a very critical time. We have endeavoured to amend this bill but have failed. The former law for subsisting the soldiers will expire in two days so the question is reduced to this dilemma: hazard HM's displeasure or involve the country in mischief. We believe HM would determine against himself for the safety of his colony and therefore give our opinion for the passing of the bill. Copy. 2½ pp.
141 iii Address of Council and Assembly of Jamaica to the King expressing thanks for supply of ordnance and stores for fortifications here and for the appointment of Governor Trelawny. Passed the Assembly, 13 April 1739. Signed, William Nedham, Speaker. Passed the Council, 14 April 1739. Signed, Samuel Williams, Clerk. 1 large p. [CO 137/56, ff 22–229d; signed duplicate of covering letter, endorsed Recd. 12 July, and signed duplicate of no iii, in CO 137/48, ff 51–54d; for letter of 19 July 1738 and enclosures, see Cal SP Col, XLIV, no 348]
142
April 21
Antigua
Governor William Mathew to Commissioners for Trade and Plantations sending three Acts passed in Nevis, one Act passed in Montserrat, minutes of Council of Montserrat from 25 December 1738 to 25 March 1739, and minutes of Assembly of Montserrat from 28 February 1739 to 24 March following. Signed. 1½ pp. Endorsed, Recd. 11 July, Read 31 August 1739. [CO 152/23, ff 228–229d]
143
April 21
Savannah
William Stephens to Harman Verelst. My intent was, now the general has again left us and is gone south, to have wrote in few days fully to the Trustees and yourself also, but finding the opportunity of a boat going just now to Charleston which will not stay for me, and it is seldom I find the like convenience, I catch hold of a few minutes just to acquaint you that upon the general's telling me he found a backwardness in those who were concerned to account for the half-fees and perquisites due to our dear friend's family, it was his advice that no further time should be lost (very sorry I am that so much has already been, against my will) but that the shortest way ought to be taken and they should be obliged to do right to those who demand it; wherefore, by his advice likewise, I am putting it into the hands of one Mr Whitaker, a lawyer at Charleston of unquestionable abilities in all respects and who is beyond regarding the frowns of any the greatest among them. God grant I may be able to send some good account of it in the end: my best care will not be wanting to attend my wishes. I send him copies of all I think needful in what I received from Mr Horsey and you, with such other hints of my own as I apprehend may be of any use; and as I am advised, shall send you what information I get about it. I would fain have it come to pass that the first letter I write Mr Horsey might be an acceptable one to him and all the family to whom I beg you to present my hearty respects. Since the hurry I am in now will not permit me to write coolly my thoughts as I ought to the board, I hope they will be good enough to accept what I have ready always which is a continuance of my journal; and I think many days will not pass ere I shall find occasion to address them with such thoughts as are proper for me to put in a letter. My last to them was of 12 March whereof I also now enclose a copy and I shall be glad one time or other to know that all my letters came to hand. As for any we receive I can say nothing, woe is me. The last I had was from you of 2 October which I received in December. We hear by uncertain report that a ship is newly arrived at Charleston from London which makes us prick up our ears in hopes to hear once again from England. It is said that there has not arrived one ship from London before this in three or four months past. Signed. 1 p. Addressed. [CO 5/640, ff 309–310d]
144
April 23
Jamaica
Governor Edward Trelawny to Duke of Newcastle soliciting commission of lieutenant for William Lewis when those for whom I have already troubled you shall have been provided. He behaved very well as a volunteer in the late party against the rebels. Mr John Jones, my secretary, is also recommended for like commission. Signed. 1½ pp. Endorsed, R, 2 July. Enclosed:
144 i Reasons of Council of Jamaica for passing bill relating to Jews. Copy, of no 141iii. 2½ pp. [CO 137/56, ff 230–233d]
145
April 23
New York
Lieut-Governor George Clarke to Duke of Newcastle. The vessel by which I wrote you 28 December, being as I am just now informed, cast away in Bristol Channel and the letters lost, I send a duplicate. Signed. ½ small p. Endorsed, R, June. [CO 5/1094, ff 93–94d]
146
April 24
Admiralty
Josiah Burchett to Thomas Hill. Acquaint the Commissioners for Trade and Plantations that HMS Deal Castle [Note: Capt Temple West] will be ordered in three or four days at farthest to proceed to Canso to attend the fishery there. Heads of inquiry for her captain should be sent hither as soon as may be. Signed. ½ p. Endorsed, Recd. 24 April, Read 27 April 1739. [CO 217/8, ff 44–45d]
147
April 24
New York
Lieut-Governor George Clarke to Commissioners for Trade and Plantations. The ship by which I wrote to you the 10th of this month being detained by the owners longer than they intended, I have since received your letter of 6 February, for which I give you my most humble thanks finding myself by your approbation of my conduct fortified against the difficulties I have yet to encounter, for I shall have a hard struggle about the revenue and struggle I will. The Assembly by the word appropriation mean more than you conceive they do, for they mean by it to assume to themselves the power in the revenue bill to ascertain every officer's salary and to apply and issue the money they give to those very officers and uses and no other, thereby making the governor and every officer in the government dependent on them alone and wresting from the governor the right of issuing the money (which they give for the support of government) as hath hitherto been done with advice of the Council pursuant to the King's instruction. They have for above twenty years upon their giving a revenue ascertained every officer's salary in their votes and the governors have very seldom in issuing the money varied from it; but now they would go a step further and in effect assume to themselves all power and this I presume you will think I ought not to give in to. Let them appropriate the money they give for the support of government to that use only and the money they give for other services to those uses only. This I never did oppose and it has been the constant practice of Assemblies and I suppose is what you mean by appropriation. I do assure you that I will not fail to cultivate a good understanding with the Assembly it being what I have much at heart. I will write to the commissioners of the Indian affairs to inquire into the murders said to be committed in Virginia by some of the Six Nations, to exhort them to stay at home, and to dispose them to a solid peace wherein I will spare no pains; and by the first London ship I will describe to you the situation of Crown Point and Tierondequat. I beg continuance of your favour. Signed. 2 small pp. Endorsed, Recd. 20 June, Read 21 June 1739. [CO 5/1059, ff 95–96d]
148
April 25
Albrohatch
Martin Bladen to Duke of Newcastle. I have perused the drafts of two articles intended to be inserted in the ensuing treaty with Spain relative to the boundaries of Carolina and to our right of cutting logwood at Campeachy which you sent me in your letter of 20th instant; and in obedience to your commands shall offer you my humble opinion how far our pretensions upon those heads may be extended and supported, though I shall always distrust my own judgment whenever I propose the least alteration in any paper that comes from your office. I beg leave to begin with the boundaries of Carolina and shall observe that, if by the draft of that article it be intended to include the whole 31st degree of northern latitude, I am afraid the Spaniards will never agree to it because it is doubtful whether the town of St Augustine may not lie some minutes to the northward of the 30th degree; the river of St Juan certainly does so according to the charts, and consequently may both of them be included within the 31st degree of northern latitude. By Popple's map, which is certified by Dr Halley to be the most exact now extant, St Augustine is placed 10 minutes, and the river of St Juan about 40, to the northward of the 30th degree. I have read Mr Verelst's observations upon the King's title to Georgia and his proposal for fixing the limits between Carolina and Florida. His vouchers for the first of these papers agree perfectly with the short observations I formerly sent you upon the same subject. But in his proposal for fixing the limits I believe he is a little mistaken in his latitude, and though he does not carry our frontiers further than they can be supported, yet he is too specific in his detail which may give occasion to many disputes and delays.
Upon mature consideration, therefore, I can find no method so effectual or so well to be supported, both at home and abroad, as to couch this article (as near as may possibly be) in the terms of one of the charters to the Lords Proprietors of Carolina. Their first charter (bearing date 24 March 15 Charles II), having recited that Edward, Earl of Clarendon, with other lords and gentlemen had humbly besought the King's leave 'to transport and make an ample colony of his subjects in the parts of America not yet cultivated or planted and only inhabited by some barbarous people who have no knowledge of Almighty God' ... 'does give, grant and confirm unto the said Earl of Clarendon, etc, their heirs and assigns, all that territory or tract of ground situate, lying and being within his dominions in America extending from the north end of the island called Lucke Island which lieth in the southern Virginian seas and within 36 degrees of the northern latitude, and to the west as far as the South Seas, and so southwardly as far as the river of St Matthias which bordereth upon the coast of Florida and within 31 degrees of northern latitude, and so west in a direct line as far as the South Seas aforesaid.' By the second charter dated 30 June 17 Charles II the bounds of Carolina are extended 'south and westward as far as the degree of twenty-nine inclusive, northern latitude'. But I confess, whenever I have considered the limits fixed by the first charter ('as bordering upon Florida') and connected with the words of its preamble, viz 'in the parts of America not yet cultivated and planted and only inhabited by some barbarous people who have no knowledge of Almighty God,' I could never conceive why the Lords Proprietors should have so much weakened their own title as to take in the whole 29th degree of northern latitude within their boundary. One cast of an eye upon the map might easily have convinced them that such a boundary did not only include the town of St Augustine, then inhabited by the Spaniards, but likewise the whole northern coast of the Bay of Mexico where the Mississippi and many other great rivers discharge themselves into that bay and where the Spaniards had at that time, and the French have since, made many settlements.
This second boundary then can never be maintained but the first may, and I think I could undertake to defend it in case the Spaniards should dispute that point with us. It is therefore from the first charter that I would draw the article. But considering the course of rivers is uncertain and that there is almost always some variation in point of latitude from first source to the place where they flow into the sea; considering also that some geographers direct the course of the River Matthias from its mouth northwest and others southwest, to avoid all ambiguity I would propose our boundaries might be fixed where the river empties itself into the ocean. This I apprehend might be attained by the following sketch or some other to the like effect which would cause no great alteration in the office draft, would be perfectly agreeable to the sense and almost to the very words of the first charter to the Lords Proprietors of this province, viz 'That the limits of Carolina wherein the colony of Georgia is comprehended do extend as far as the river of St Matthias, which bordereth upon the coast of Florida, where the said river discharges itself into the ocean and is within one and thirty degrees of northern latitude.' I am the rather inclined to this boundary because the river of St Matthias, or St Mattheo which is the same thing, is likewise the limit fixed by Charles I's charter to Sir Robert Heath in his Carolana Florida. But neither does this charter (nor that from which I form the article) include the whole 31st degree of northern latitude: they both use the words 'within thirty-one degrees' which can be construed to take in such part only of that degree which serves to carry them to the river of St Matthias. Here, therefore, I would stop, for how desirous soever you or I may be to extend the British dominions in America, yet I apprehend the best way of asserting our right is to carry it no farther than our vouchers will support it. This, however, is entirely submitted to your better judgment and particularly whether the words 'which bordereth upon the coast of Florida' should be inserted or omitted; but I confess upon reading the charter they struck me as if they had been prophetically inserted so many years ago to decide the present dispute at home (though perhaps not abroad) and to let us know by authority of the Great Seal where the frontiers of Florida begin.
I have dwelt a great while upon this article, the nature of the thing required that I should, and therefore I shall hope for your pardon. To make some amends I will be shorter upon the logwood: to speak truth there is but little to be said upon the subject. The report of the Board of Trade of 25 September 1717 has carried this pretension as far as our utmost inquiries could push it, and it includes the whole, as the draft of your article has done, with the words of the Treaty of Utrecht. If our peacemakers at that time had been more explicit they might have worded this matter so as to have left no room for dispute but, unhappily for us, they have contented themselves with an ambiguous proviso applicable to every case in general but to no one case in particular, for they have not even named the right of cutting logwood in the whole article and posterity will be at a loss to know what was intended by it. I am very sorry they have left us no better ground to fight upon, for I freely confess that since the report of the Board of Trade, having considered Sir William Godolphin's letter of which I sent you a copy some time the last year, and likewise some other letters written by him that are printed with his negotiations in Spain, I am far from being so clear in this pretension as I was formerly. However, I think the draft of the article prepared in your office has stated this demand in as strong a light as can possibly be done, and therefore I would only offer you a very small variation in the diction, submitting whether it may not run in the following terms, viz 'It is agreed that the subjects of Great Britain shall enjoy the same liberty of cutting logwood in the Bay of Campeachy which they had or did enjoy during the reign of His Catholic Majesty King Charles II either by right, sufferance or indulgence agreeably to the reservation or saving clause inserted for that purpose in the first article of the treaty of commerce concluded between the two crowns at Utrecht in 1713.' You may be pleased to observe that I have made use of the word 'liberty' rather than 'right' or 'privilege' to render this article more conformable to the Treaty of Utrecht. If any protocol of that treaty could be found, perhaps something might be gathered from it to enforce this pretension but I presume the Queen's ministers swept the offices pretty clean of papers for fear of leaving bad vouchers of their conduct behind them. These, my lord, are my private thoughts upon the points wherein you demanded my opinion. I have given them without reserve and heartily wish they may be of any use to my country whose interest you have so constantly pursued with unalterable zeal. Signed. 9 pp. [CO 5/654, ff 205–210d; signed duplicate, endorsed In Mr Courand's letter to Mr Keene, Whitehall, 8 May 1739. Per Raddon, 30 May, in CO 5/384, ff 54–58d]
149
April 27
S[amuel] G[ellibrand] to Josiah Burchett acknowledging letter of 24th inst and sending, in absence of Mr Hill, the heads of inquiry for Capt Temple West. Entry. NB, Heads of inquiry were the same mutatis mutandis as those for Capt Towry in 1736. 1 p. [CO 218/2, p 346]
150
April 27
Georgia Office
Harman Verelst to James Oglethorpe. Herewith you receive a copy of the Trustees' letter of 2 April signed by their secretary; and on the Trustees' reconsidering of that part thereof wherein they desire you will advance to the petitioners at Frederica in money the value of 2 lbs of meat each head per week till Michaelmas next, the Trustees now acquaint you that they will provide for their sustenance in the estimate to commence from midsummer next which the Trustees are now settling, only wait[ing] for their letters by Capt Thomson who is not yet arrived (though hourly expected) before they can complete it; which estimate they will send with their sola bills to defray it. As to the expense of the petitioners at Frederica and the other necessary expenses of the whole colony to midsummer next, the Trustees have computed on your calculation of 2500l per six months which you have been so kind to defray out of your own pocket without drawing on the Trustees or charging them with any new debt, except to yourself in advance for them, not exceeding the rate of the said 2500l per six months including the 500l in their sola bills you carried over, the 600l in their sola bills and 15 tons of beer value 160l 10s 6d sent by the Mary Ann, Capt Shubrick, and the 80 barrels of flour, 30 firkins of butter and 14 casks of cheese value 183l 0s 10d sent by the Charles, Capt Hammond.
The Trustees on this occasion desire you would let them have your account of the necessary expenses of the colony you have defrayed or shall defray to midsummer next (over and above the said 1100l in sola bills and the said beer, flour, butter and cheese) giving them credit for the balance of your last account; and that such your account may be particular and fully explained in what service each expense has been defrayed with copies of the vouchers you have to support the same for the Trustees' satisfaction. And they will pay with many thanks here what shall appear to be due thereon to such person as you shall appoint to receive the same which they believe will be equally satisfactory to you as the sending their sola bills for that purpose. As to the defraying the expenses from midsummer next agreeable to the Trustees' estimate, their sola bills with the estimate for each quarter will arrive as near as may be at the beginning of each quarter to be issued by two out of three persons to be appointed for that purpose who are to return their accounts on every issue they make to prevent any large sums hereafter being depending to be accounted for and to enable the Trustees to keep their accounts clear and perfect and ready for any Parliamentary inquiry which the Trustees desire always to be prepared for; and the first quarterly estimate from midsummer to Michaelmas next will provide for the sustenance of the petitioners at Frederica for those three months, after which the Trustees will not any further provide for them, nor had not till then but for the general calamity you represented. Entry. 1½ pp. [CO 5/667, pp 233–234]
151
April 27
Georgia Office
Same to William Stephens. The Trustees having received an account signed by Mr Thomas Causton 26 January last amounting to 469l 4s as due to Messrs Montaigut & Purry from midsummer 1738 to 11 September following, they have sent you a copy thereof to examine the several items therein contained with the items which make up the sum of 868l 10s 10d mentioned in the lists of debts said to be owing by the store 10 October following as then due to Samuel Montaigut & Co, which the Trustees assure themselves must be included therein; and further observe that this debt of 469l 4s is signed by Mr Causton 26 January 1738/9, which being above three months after the list of debts said to be owing by the store 10 October preceding, it is reasonable to conclude therefrom that the said 469l 4s was the sum owing by the store 10 October 1738 rather than the 868l 10s 10d in the said list mentioned. And it will appear from the following observation: that sum including an account certified by Mr Causton 5 August 1738 for 426l 0s 2d to Samuel Montaigut & Co as due to them to midsummer 1738, to which add their said account signed by Mr Causton 26 January last amounting to 469l 4s they make together 895l4s 2d which is 26l 13s 4d exceeding the 868l 10s 10d said to be owing by the store to them 10 October last; which 26l 13s 4d is an order from Mr Causton dated 12 May 1738 on Mr Jenys for 200l currency at 750l per cent paid to the said Samuel Montaigut & Co and returned to Mr Causton unpaid, which he in his last account, signed by him the said 26 January, makes the Trustees debtors for, which sum the said list of debts owing by the store 10 October last does not include nor make any mention thereof. This 26l 13s 4d, therefore, must be particularly examined into and fully stated to the Trustees that they may consider thereof and the reasons why they are by Mr Causton charged therewith. Entry. 1 p. [CO 5/667, pp 234–235]
152
April 27
Georgia Office
Same to Thomas Jones to like effect. Entry. 1 p. [CO 5/667, pp 235–236]
153
April 30
Boston
Governor Jonathan Belcher to Duke of Newcastle. Although I addressed you but last month on my own affairs, yet I am humbly to ask your pardon while I again beg leave to introduce myself to you and say that by the last ships from England my agents write me that Mr Thomlinson has exhibited a new complaint against me or rather repeated the former with an addition of false and scurrilous invectives. Mr Partridge and Mr Belcher have given me constant accounts of your goodness and readiness that I should have justice done me by being always served with copy of any complaint [that] might be laid against me and time given to answer and for this I offer you my most humble and hearty thanks and beg the continuance of your favour and protection. You, who stand in such an exalted station in all HM's councils and affairs, know very well that it is almost impossible for a gentleman to be in a public post without enemies, for malice and envy will be naturally rising in such as imagine themselves neglected. A governor in the plantations shares the fate of many of the King's good servants at home of being sure of enemies while such as make applications to him of one sort and another cannot all be gratified consistent with HM's honour and with reason and justice. And although such discontented persons are now making complaints against me which I am confident they will never be able to prove, let me humbly hope they may not make impressions on you to my prejudice. Nay, I will presume to say they cannot finally hurt me with the noble personage I am now addressing whose ears are always open to receive with the utmost impartiality what is supported with truth, justice and reason, and so I doubt not my administration in both provinces will be found to be upon the most just and strict scrutiny. I can cheerfully appeal to Almighty God as to my cautiousness, impartiality and integrity in my whole conduct in both governments nor do complaints give me much pain when I have time given to vindicate myself. Yet the perpetual bickerings of unreasonable men (if they may be indulged) must give you and the rest of the King's ministers too much uneasiness and fatigue, and at the same time creates me a great deal of trouble and charge. I should take it as a singular favour from you to be at the hearing of my answer to the complaints now lying before the Lords of the Privy Council, when upon a deliberate consideration I have no doubt but it will plainly appear that these complaints are nothing more than the fruit of malice and envy and that the authors have endeavoured to support them with falsehood, and in the end I hope they will be dismissed with marks of ignominy and displeasure to discourage others for the future from such vile and unreasonable proceedings. Signed. 5½ small pp. Endorsed, R, 20 June. [CO 5/899, ff 366–369d]
154
[April Savannah]
Thomas Jones to Trustees for Georgia. I have, ever since I arrived in this colony, endeavoured to the utmost of my power and capacity to discharge my duty pursuant to my engagements to you but have met with those difficulties therein that cannot be surmounted by any endeavours or application of mine. I cannot act contrary to my obligations to you in the trust reposed in me nor offer violence to my own judgment and conscience (though perhaps misguided) in order to gain the esteem or good opinion of any; therefore hope you will bear with me in declaring my sentiments of the situation of your affairs in this part of the colony. I could even wish that I was mistaken therein and would contentedly bear the reproach and blame if otherwise than I apprehend. By mine of 8, 17 and 23 February directed to Mr Verelst and sent by the Three Brothers, Capt Yeoman, (which hope carried safe) I mentioned some of the discouraging circumstances we are under, having nothing certain then to write to you, expecting daily Gen Oglethorpe's arrival at Savannah when I hoped his presence would have deterred those who seem to have confederated to ruin this colony and injure the Trustees in their property from any further attempts of that nature. If on his excellency's return hither from Charleston he can have leisure to examine into those matters which I have and intend more fully to lay before him and will give such orders thereupon as may bring them to a certain issue, I shall not fail by the first opportunity that offers to acquaint you with what is done therein.
Upon his excellency's arrival at Savannah the 6th of last month I renewed my request to him that the books of accounts and vouchers might be secured and sent to England as the only expedient towards coming at any certain knowledge of the state of your affairs, for that Mr Causton made daily alterations in the accounts and that what James Houstoun declared (that they, the clerks, were employed by Mr Causton in perplexing the accounts, that he defied me or even Mr Verelst to unravel them) seemed to be his only design by the whole of his conduct. His excellency told me that he could not send Mr Causton to England unless he consented thereto; however, he sent for him. When he came he said that he received a letter from his excellency which informed him that I had reported he designed to depart out of the colony with Capt Stuart, which he said was very injurious to him and was false. I then declared the reasons I have for my suspicion of such his design (which I had acquainted the general with and had mentioned in my letter to Mr Verelst of February 8) and added that it was evident he (Causton) never intended to render any account to the Trustees and that some of the accounts he had sent to [them] already were not to be found in the books but were feigned accounts. Mr Causton said that he had given me a copy of his cash account and designed to finish his other accounts but wanted clerks to assist him, that I employed William Russell, that he had but two left with him. I replied that I acknowledged to have received a copy of what he called a cash account which might justly be called an original but desired to know from whence he had formed that account, if from anything extant in writing or from his own memory or invention; that there appeared such manifest frauds and forgeries in that account (several of which I instanced to him) that I wondered how any person could attempt to publish such without blushing unless he designed thereby to bid defiance to the common understanding of mankind. Mr Causton said that when he delivered that copy to me he had told me that there might be some mistakes in it and that he had since recollected the receipt of several sums of money to the amount of 700l which he had placed to the account which was now ready to be sent to the Trustees. I desired that he would give me a copy of that account so amended (which cannot obtain) but am told it is sent to England for your perusal.
In September last (when I came to Savannah) I found five writers (besides William Ewen who had also the care of the store) employed in the accounts, viz Samuel Hurst, John Pye and William Russell, covenanted servants, Adrian Loyer and James Houstoun on a salary of 40l per annum each. William Ewen (Mr Causton's servant) has credit in the books for 30l per annum and provisions and Mr Causton has also credit 40l for two years service of said Ewen in the store to 29 September. Samuel Hurst (who lived with Mr Causton and said to keep his private accounts) withdrew from the colony soon after I came to Savannah: Mr Causton assured me that he went away without his consent or privity and gave me a letter which he had received from Hurst and which I send herewith. William Ewen and James Houstoun absconded privately in the nighttime of 28 October. The general (upon my advising him with what had happened) soon after came to Savannah and dispatched two officers, Lieuts Horton and Dunbar, the one for Port Royal to reclaim and bring back Ewen and Houstoun, the other to Charleston for Samuel Hurst. The recorder granted his warrant for apprehending them if found within this colony upon my information before him on oath, a copy of which and also that relating to Mr Causton I send herewith (having been threatened with lawsuits to be commenced against me on account of both). Mr Dunbar, when he returned from Charleston, informed me that having had Mr Christie's warrant backed by a magistrate of that province he apprehended Samuel Hurst and had him before Mr Abercromby (the attorney-general) who discharged him upon Hurst's alleging that he never was a servant to or under any contract with the Trustees notwithstanding what I had declared on oath to the contrary. William Ewen returned to Savannah soon after Mr Horton went for Port Royal and a few days after James Houstoun brought me a letter from Mr Horton which I sent enclosed to the general, whereby I incurred Mr Horton's displeasure. I insisted (before Mr Christie) on Ewen and Houstoun's giving security that they should not depart out of the colony without leave obtained until the Trustees their effects, which they had been entrusted with by Mr Causton, were delivered to me and that the accounts were finished. Mr Henry Parker (who was sent for by them) asked me how I could swear that the Trustees were like to receive damage by their going out of the colony? and if any, he desired me to declare to what value. He complained of the hardships the young men were put to and used several reflecting speeches towards me, saying he did not think it convenient to put me to my oath. They entered into recognizances with sureties but Houstoun's recognizance was soon after vacated (I was told) upon Mr Causton's declaring that Houstoun was his servant, that he had discharged him having no occasion for his service any longer.
I should not have troubled you with so tedious a relation of these trivial occurrences but that Mr Causton has of late employed one Searles, a pettiager-man, to assist him in the accounts and requires credit for him in the store at the rate of 40l per annum for such his service; and I have employed a person (with the general's approbation) at 9s per week who constantly attends in the counting-house in order to prevent the books of accounts from being destroyed or carried away (which has been attempted) though sometimes neither Mr Causton nor any of his clerks are there for several days together. This lastmentioned expense is occasioned by Mr Causton's removing the books of accounts from the counting-house in the store (since Michaelmas last) into a room hired by himself at 12l per annum rent. The excessive prices given for house-rent and labour for the service of the Trustees have been very expensive and no real advantage to the people. The demands that several have for houses hired this last year (an account of which I could not obtain from Mr Causton but have got by inquiry and which Mr Causton does not contradict) amount to a considerable sum. How long these houses have been occupied I cannot arrive at any certainty but have herewith sent the account of the rents and how occupied. Some of the houses were hired for the service of Lieut-Col Cochran and others for that part of the regiment which arrived here with him, which last charge I find (by instructions sent Mr Causton by the general) is to be defrayed by your store. Col Cochran's account, and that which is called the regiment's account, with the Trustees were delivered to the general in order to their being transmitted to you but are imperfect and not agreeing with the accounts entered in the books. When the clerks were employed in forming those accounts in March last I had a transient view of some part of them and have reason to believe that the account was modelled from directions received from the lieut-colonel (who was then at Savannah) by the many alterations and erasements then made therein (which will appear by the books). His account (as stated in the ledger) has credit for sundries (not inserted in the account sent over) which I objected to, such as for wines sold by him to Jos Fitzwater about 40l, for one pipe of wine sold Widow Bennet and delivered her by the colonel's order (7 August last) 16l, with many others. I beg leave to mention this circumstance: that eleven pipes of wine bought of him by Mr Causton for account of the Trustees (29 July) are charged at 18l per pipe, being the same wines as what were sold Bennet, and that Fitzwater, Bennet and others whose debts to Col Cochran are placed to account of the Trustees were then indebted to the Trustees (as appear by their accounts). I went with Mr Causton to attend Col Cochran where I found Mr Graham (the apothecary) earnestly soliciting for the payment of his bill (about 40l) being for medicines, etc administered to soldiers by his (the colonel's) appointment. The colonel said that the Trustees must pay him; Mr Graham informed him that I had refused him credit in the store notwithstanding Mr Causton had placed his bill to the Trustees' account, at which the colonel was very angry and said he would let the Trustees know what a fellow I was and would justify Mr Causton's conduct, that I was very impudent to appear before him in that dress (I had a velvet cap on without a wig, being warm weather). I know that complaints of this nature cannot be pleasing to you when affairs of much greater importance are neglected such as the state of your accounts which I cannot obtain neither have I the books with those accounts under my direction. I cannot finish an inventory of your effects which were to be delivered into my care. Those in the store I received at sundry times by 1 December last, but have not received neither can I obtain any account of several effects belonging to you which remain yet in the custody of others. I received (last week) 416 bushels salt which Mr Causton saith he bought of Mr Robert Williams in August last but remained ever since in Mr Williams's custody. I intend soon to send the inventory of what I have received with an account of the issues to 25 March. Signed. 4 pp. Endorsed, April 1739. [CO 5/640, ff 308–308A dorse]