America and West Indies
November 1729, 16-30

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

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527-540

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'America and West Indies: November 1729, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 527-540. URL: http://british-history.ac.uk/report.aspx?compid=72483 Date accessed: 22 August 2014.


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November 1729, 16-30

Nov. 17.976. Mr. Fane to the Council of Trade and Plantations. Reply to 13th Nov. upon act of New York for continuing and enforcing the Acts therein mentioned for discharging the present demands on the trading house at Oswego by borrowing money of the Excise till 25th Dec., 1733, for continuing some duties and augmenting others until that time, for regulating those duties and the trade at Oswego for the gradual repayment of money borrowed of the Excise, and for reducing former fines, if voluntarily paid within the time therein limitted. He has had no opportunity of considering the acts referred to by it, but on the face of it it is liable to objections, (i) Persons who do not appear before the Commissioners on the third summons or refuse to take the oath appointed in a former act is adjudged convict of having traded with the French contrary to the law of the Colony. This is very extraordinary and against law, as it obliges persons by their own confession to accuse and subject themselves to a penal law or else to be under the greatest temptation of perjury, and this on their being barely suspected; in case of non- appearance, they may be subjected to penalties without the least knowledge they were summoned, the act not making it necessary the summons should be personally served; if they do appear and refuse to take the oath when tendered, tho' not accused on oath or otherwise of any breach of the laws they are to be judged convict etc. (ii) By this act on conviction by a warrant from the Commissioners in a summary way, without any legal trial or judicial determination, to the Sheriffe, the Sheriffe is required within two months to seize all the reall and personal estate of all and every the persons so adjudged convict etc., and if no estate be found, then to seize their persons etc. and commit them to the common goale till the fines paid etc., which power is a most extraordinary one tending to deprive persons of their inheritance their property and liberty and that without any tryal by a jury or any legal determination etc., and under this act an estate of 10 or £20,000 may be alienated for ever to satisfie a fine of £300, the act directing the whole real or personal estate to be sold, (iii) The books kept by these Commrs. when collated and signed are to be lodged one in the Secretary's Office and the other to remain at Albany, and both are enacted to be matter of record against wch. there shall be no averment. This seems to be a most illegal and arbitrary clause and it is stripping the subject in an unpresidented manner of his right of defence and if compared with the preceding part of the act is vesting an absolute power in any two of these Commissioners over the liberty, estates and whole property of the Province, (iv) A single Justice of the Peace is empowered and required to determine all differences between the New York and Indian traders at Oswego and his judgmt. to be final, and this without limitation as to the value and on non-complyance therewith the person agt. whom such judgmt. is given is to forfeit £10 and a certificate of the facts under the hand of the Justice is to be allowed sufficient proof on wch. to recover the sd. forfeiture of £10. This is a most arbitrary power and without precedent etc. (v) All strouds are declared liable to duties laid by former acts. This is I think passed in breach of the Governor's instruction by wch. he is forbid to pass any act laying a duty on the importation of European comodities and in direct opposition to several Acts of Parliament for encouraging the exportation of manu- factures etc. Signed, Fran. Fane. Endorsed, Recd., Read 18th Nov., 1729. 2 2/3 pp. [C.O. 5, 1055. ff. 44–45v.]
Nov. 17.
Custom-
House
(London).
977. Account of annual imports and exports from and to New York. Xtmas 1723–8. Imports: £21,191 2s. 3d.; £25,316 18s. 9d.; £38,307 17s. 10d.; £31,617 8s. 1d.; £21 003 12s. 11d. Exports: £63,020 0s, 9d.; £70,650 8s.; £84,850 18s.; £67,373 6s. 3d.; £78,561 6s. 4d. Signed, John Oxenford, A. I. Genl. Endorsed, Recd, (from Mr. Oxenford), Read Nov. 18, 1729. ½ p. [C.O. 5, 1055. ff. 46, 47v].
Nov. 19.
Whitehall.
978. Council of Trade and Plantations to the Duke of Newcastle. Enclose copy of Lt. General Mathew's letter (14th Sept.) signifying the death of Lord Londonderry etc. Autograph signatures. 1 p. [C.O. 152, 40. No. 26; and 153, 15. p. 36.]
Nov. 19.
St. James's.
979. Order of King in Council. Approving Representation of Board of Trade, and ordering an additional Instruction to the Governor of the Leeward Islands, relating to English Harbour in Antigua, to be prepared. Signed, Edward Southwell. 1 p. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. Enclosed,
979. i. H.M. Additional Instruction to Governor the Earl of Londonderry. Referred to in preceding. St. James's. 21st Nov., 1729. [C.O. 152, 17. ff. 144, 145v. (without enclosure); and 5, 192. ff. 42, 43–45.]
Nov. 19.
Whitehall.
980. Council of Trade and Plantations to the Committee of the Privy Council. Abstract. Pursuant to orders of 12th inst., report upon acts of New York prohibiting the sale of goods proper for the Indian Trade to the French at Canada. Refer to report of 16th June, 1725, and repeat objections there stated. All the acts passed since relating to this matter are liable to the same objections, and likewise to several others, such as entrusting too great powers in the hands of the Commissioners appointed to put those acts in execution, as also in the farmers of this revenue etc., who have authority to search at all times and in all places, by day or by night, for certain species of Indian goods, without being obliged to take any peace officer with them in such searches, tho' the said farmers are to gain one moiety by the confiscation etc. Propose, therefore, repeal of the six acts passed since their report of 16th June, 1725, for regulating the Indian trade etc. Conclude: But we have always apprehended the prohibition of such commerce with the French there, to be of very great importance, and that the security of the British Plantations in those parts, is highly concerned in the event of this dispute. Printed, N.Y. Col. Doc. V. pp. 897–9. [C.O. 5, 1125. pp. 135–140.]
Nov. 19.
Whitehall.
981. Mr. Popple to John Scrope, Secretary to the Lords of the Treasury. Reply to Nov. 12th. q.v. My Lords Commissioners apprehend the people of New York are as justly entituled to this indulgence, as those of New England or Pennsylvania, and have no objection to the representation of the Governor, Council and Assembly etc. [C.O. 5, 1125. p. 141.]
Nov. 19.
St. James's.
982. Order of King in Council. The Lords Commissioners for Trade and Plantations are to prepare Instructions for all H.M. Governors abroad to be aiding and assisting the Collectors there of the 6d. per month from seamen's wages for the Royal Hospital at Greenwich pursuant to the Act of Parliament and to annex to each draught of Instruction a printed copy of the Instructions to Deputy Receivers etc. Signed, Edward South- well. Endorsed, Recd. 21st Nov., Read 2nd Dec., 1729. l½ pp. Enclosed,
982. i. Instructions to Receivers referred to in preceding. Printed. 4 pp. [C.O. 323, 9. ff. 20 22v., 23v.]
Nov. 19.
St. James's.
983. Order of King in Council. Confirming Act of the Leeward Islands to invest certain lands in H.M. for the use of H.M. ships of war. Signed, Edward Southwell. Endorsed, Recd. 30th May, Read 4th June, 1730. 1¾ pp. [C.O. 152, 17. ff. 142, 142v., 143v.]
Nov. 19.
St. James's.
984. Order of King in Council. Confirming Act of the Leeward Islands for granting £600 pr. ann. to Governor the Earl of Londonderry etc. Signed and endorsed as preceding. 1¾ pp. [C.O. 152, 17. ff. 146, 146v., 147v.]
[Nov. 19].985. [Mr. Belcher to Mr. Popple]. The method of erecting townships in New England. Since the granting of the Charter of the Massachusets Bay, 1625, it has been gradually growing into towns, which originate, and proceed generally in this manner; When a town grows numerous, and the inhabitants think themselves strait'ned for land, a competent number petition the General Assembly for a suitable tract of what we call waste land, sometimes 5, sometimes 10 or 12 miles square; but 7 miles square is judg'd a good township, and a grant is commonly made to 40 families, to be settled compact, 40 acres to each family, for what is called a home lott, in the centre of the town; the other lands to be equally set out among the grantees: And it's customary for ye Governmt. to reserve to the Ministry, and a Grammar School, each a lott, for ever; and another to a first Minister, to incourage him to settle with a new town; and at ye beginning, these inhabitants have only the privilege of being a precinct under the care and direction of a Committee appointed by the General Assembly, and some- times in seven, and sometimes in ten years, upon proper application to the Assembly, and the Committee (under whose care they are) certifying, it is reasonable, they are erected into a town, by being infranchis'd with all the liberties, rights and immunities belonging thereto etc. The lands thus granted are free of all quit-rents, or other incumbrances whatsoever, being a good fee simple; and the onely expence to the Proprietors, is, that of the first survey, and the subsequent charge of the Committee's meeting from time to time, till they stand on their own leggs. Endorsed, Recd., Read 19th Nov., 1729. 2 pp. [C.O. 5, 870. ff. 287, 287v., 288v. ; and 5, 916. pp. 221, 222.]
Nov. 20.
Whitehall.
986. Duke of Newcastle to the Council of Trade and Plantations. Encloses following, for their report and opinion upon this letter and what he has written to the Board, what directions are proper to be sent to Mr. Dunbar, and whether it would not be advisable that he should endeavour to prevail with those who are to make new settlements to place them at a convenient distance from one another. Signed, Holles Newcastle. Endorsed, Recd. 21st, Read 25th Nov., 1729. 1 p. Enclosed,
986. i. Copy of No. 932. [C.O. 217, 5. ff. 127–131v., 133v.]
Nov. 22.
Whitehall.
987. Lord Townshend to the Council of Trade and Plantations. H.M. having been pleased to appoint Robert Johnson Esqr. to be Governor of South Carolina, draughts of his Commission and Instructions are to be prepared for H.M. approbation etc. Signed, Townshend. Endorsed, Recd. 22nd Nov., Read 2nd Dec, 1729. 1 p. [C.O. 5, 361. ff. 32, 33v.]
Nov. 22.
New York
in America.
988. Mr. Bradley to the Duke of Newcastle. The Assembly's of this, and other neighbouring Provinces, seeming, at the same time, to aim at an independancy of the Crown; I thought it my indispensible duty etc. to represent these things; (and the steps they take) to H.M. Council; the Lords of Trade, and, that a matter of this importance may not fail to be speedily consider'd for H.M. service, I have presum'd to send these papers to your Grace; who, I humbly pray, will be pleas'd to recommend them to their Lordships' speedy consideration; together with the inclos'd memorial to their Lordships, by the Governour and Council; (haveing no one to sollicit them). And that your Grace will be pleas'd to lay before H.M., my Royal Master; the inclosed representation, by the Governour and Council to his Majesty, the first of them arriveing when his Majesty was abroad. Signed, Richd. Bradley. Endorsed, R. 8 Jan. 1¾ pp. Without enclosures. [C.O. 5, 1093. ff. 126, 126v., 127v.]
Nov. 22.
New York.
989. Humble Representation of Richd. Bradley Esq. H.M. Attorney General of New York to the Council of Trade and Plantations. The Assembly have by the two last Acts relating to Oswego, Sept., 1728 and July, 1729, attempted to remit many fines and forfeitures which had become due to H.M. for offences against former acts relating to trading with the French at Canada, and appointed persons of their own nomination for the recovery of fines and forfeitures. From some of which persons several considerable forfeitures had become due to H.M. Which Acts are therefore, in my humble opinion, highly injurious to H.M. prerogative and interest etc. Proposes their repeal. The very long and considerable arrear of H.M. quit-rents is owing to that great caution, that has been formerly used, not to displease Assemblymen; from whom, and their friends (of wch. number are all those that do but vote for their elections) the greater part of such arrears are due etc. If duly paid, the quit-rents would be nearly sufficient to pay the officers under the Governor etc. As Assemblies have so great an influence here, questions whether they ought to be entrusted with so much power, and "whether it wd. not be safest for H.M. interest, that their bills, before any of them are passed into laws, should be perused and certifyed (by such persons, and at such reward as H.M. shall be pleased to direct) that there is nothing contain'd in them, that's preju- dicial to H.M. interest" etc. Refers to his memorial against the Oswego Act, (encl. i) etc. "But against the Oswego bill of July, 1729, I did not present any memorial, finding the other had no effect, and the necessity wch. the Government here is under at present of complying with Assemblys" etc. Suggests that the salaries of H.M. Officers should be fixed by Act of Parlia- ment, "so as to defeat all intentions to starve them, (wch. some of them have been threaten'd with), and to render them entirely independant of the people, least the people should become independant of the Crown. Which God forbid" etc. Set out, N.Y. Col. Doc. V. pp. 899–901. Signed, R. Bradley. Endorsed, Referr'd to in D. of Newcastle's letter of 7 March, Read 2nd Sept., 1730. 2 pp. Enclosed,
989. i. Memorial by Mr. Bradley to the Governor in Council. 9th Sept., 1728. By the Act for defraying the charges of the trading house at Oswego etc., Nov. 1727, the Attorney General is directed to prosecute offenders under it. The Mayor, Recorder and Aldermen of Albany have owned that they have not obeyed its directions, and have administered an oath contrary to the form prescribed by it. They have thereby forfeited each of them £400 and rendered themselves liable to be prosecuted for administering an arbitrary oath etc. The Attorney General has taken a great deal of pains in order to prosecuting offenders under said act, but understands that the Assembly is now preparing a bill to alter its tenor, and the ordinary method of prosecuting the offenders by H.M. Attorney General. As H.M. is already entitled to many fines and forfeitures from divers offenders against the act, and it is memorialist's right to prosecute them, hopes that consent will not be given to the bill. Memorialist has received no salary for four years, and has not been paid for prosecuting by order of the Supreme Court etc. forgers of bills of credit and other offenders for above five years etc. Prays that some means of paying him be found etc. Signed, R. Bradley. Endorsed as preceding. Copy. 2 pp.
989. ii. Case by the same hand as the annexed is [Ed. R. Bradley] relating to Assemblys in Plantations aiming at an independancy of the Crown. Abstract. Most of the previous and open steps which a dependant Province can take to render them- selves independant at their pleasure, are taken by the Assembly. They have all long struggled for, and at last gained their point, vizt.; that salarys of all the officers of the Crown should be such as they are pleased to vote; sometimes raising, sometimes lowering, and at other times taking away intirely their salaries, as they happen to be in the good or bad graces of the Assembly. Refers to Minutes of Council and Assembly from Gov. Burnet's time. Continues:— As the bread of these officers depends on the Assembly, so the officers themselves must do, and there will, in a little time, be no one to oppose any steps the Assembly think fit to take, towards an independancy. They have threatened with expulsion etc. any of their own members that should disclose the secrets of their House. They have taken away from their Clerk his salary of £80 formerly paid him by the Crown, out of their Revenue, and voted him 12s. per day, and that only while they sit etc. Which salary no doubt will be lessened or increased, according to the good or bad liking they have to their Clerk (who has been about 30 years in that office) which must at last oblige him, as well as their members, to keep their secrets etc. They will then be at liberty to consult and enter into leagues with other Provinces, without discovery etc. In their votes of 30th July, 1728, they have resolved, "that for any act matter or thing done in General Assembly, the members thereof are accountable and answerable to the house only ; and to no other person, or persons whatsoever" etc. By which they seem in express words, to claim an independancy: For none but a supream power can be exempted from rendering an account of their actions. The outragious clamours which were raised here, by them and their party agt. those gentlemen of the Council, who, by order of Council, enquired into the occasion of the assemblys resolves in their votes of 25th Nov., 1727, and the threats of those Gentlemen's being mobbed, and pulled to pieces, and even privately murdered, and their estates ruined by actions at law, may be presumed sufficiently to deter any of the Council hereafter, to attempt any stop to the measures of the Assembly etc. The Assembly of late will never pass any money bill, unless some injurious bill to H.M. prerogative and interest be passed at the same time, which, as things are, must be complyed with; or no money can be had, for the necessary support of Government etc. The Assembly likewise appoint a Treasurer of their own, etc. to receive and pay all the money they raise, and this tho' H.M. has a Receiver General here, who has signified to them that the receiving and paying of such money appurtains to his office etc. Some officers of the Crown have not only been threaten'd to be starved, but have been libel'd, treated with the greatest contempt, and even their persons assaulted and most grossly and shamefully abused, by such as are of the Assembly's mobb, or party, and that without any just cause and without remedy. For, by a jury, there is not the least hopes, as has been often found, where the King is concerned; and persons in power dare not yet venture to displease these people so far, as to shew much countenance to officers of the Crown. The case being thus, Assemblyes seem already to be got beyond all check or manner of restraint whatsoever, and this at a time, too, when other neighbouring provinces and parts of H.M. Dominions seem to shew the same kind of spirit, and a strong inclination to take the earliest opportunity of setting up for themselves. Bacon's rebellion in Virginia was very troublesome, even when none of these countries were nearly so populous as now, and though it may be thought impracticable at present for any of these provinces alone to attempt any thing of that kind, yet if several of them should even at this time joyn in such a conspiracy, (and could these Assembly's openly do more, tho' they had actually so engag'd ?) it would be extreamly difficult and expensive, if not impracticable, at this distance, and in such a thicket of wood and trees, as these countrys are; to reduce them to their duty and obedience; in regard of their populousness at present; the skillfullness, strength and activity of the people, who are enured to hard- ships; can defend themselves in woods and behind trees; can live on roots and what the woods afford, without bread, beer, or spirits, or forrage for horses etc., and can travel in the woods without guides, or the help of roads; few of which are yet made; which forces that have not been so used, cant possibly do, etc. Proposes that no Assembly be allowed to transact any affair in their house without the presence of a Commissioner in behalfe of the Crown, as 'tis said is used in the General Assembly in Scotland etc., and that all officers of the Crown should be rendered independant of the Crown. Set out, N.Y. Col. Doc. V. pp. 901–903. 2 2/3 pp.
989. iii. Memorial of Attorney General of New York to the Governor in Council. Nov. 9th, 1728. Memorialist's salary was paid by the late Governor out of the quit- rents. But since Dec. 1724 he has not been able to get any salary at all, being told that H.M. quit-rents here were fully charged by the Government at home. His fees for prosecutions for five years, amounting to £900, are also in arrears etc. He has applied to the Courts and every branch of the Legislature here in vain. Prays the Governor and Council to recommend him to H.M. for the like salary as his predecessor had. Endorsed as covering letter. Copy. 1½ pp.
989. iv. Memorial of Governor and Council of New York to the Council of Trade and Plantations. 21st April, 1729. Recommend Mr. Bradley to H.M. for payment of his salary and arrears, in accordance with preceding petition, "we being well assured of his steady loyalty as well as integrity and diligence in his office" etc. Signed, J. Montgomerie and 10 Councillors. Same endorsement. 1 large p.
989. v. Journal of Assembly, 19th June, 1729. The House found that the prosecutions of the Justices of Albany etc. proceeded rather from a view to squeeze some more money from them, than from any just cause etc. Endorsed, Read 2nd Sept., 1730. Printed. 2 pp.
989. vi. The Attorney General's reply to the preceding "notoriously false and scandalous reflections." 10th July, 1729. Signed, R. Bradley. Printed. 3 pp. [C.O. 5, 1055. ff. 133–134v., 136v.–141, 142v.–143v., 145–148v.]
Nov. 22.
Whitehall.
990. Lord Townshend to the Council of Trade and Planta- tions. H.M. having pleased to appoint the Right Honble. George Lord Forbes, to be Governor of the Leeward Islands etc., draughts of his Commission and Instructions are to be prepared etc. Signed, Townshend. Endorsed, Recd. 22nd Nov., Read 2nd Dec, 1729. 1 p. [C.O. 152, 17. ff 106,
Nov. 23.991. Petition of Lt. General William Mathew to the King. Petitioner's allowance as Lt. Governor of St. Christophers is only 10s. per diem, and nothing as Lt. General of the Leeward Islands. He now commands in chief during the vacancy of the Government for the third time, and his conduct hath always met with approval. He was promised by His late Majesty's Ministers, the late Earl of Stanhope and others, that he should succeed in that Governmt. on the next vacancy. The hopes and promises of that succession are the chiefe encouragements for bearing the expence of his post. His father, Sir William Mathew, dyed in less than one year after he was appointed Governor, so that his family received no reward for his services, but was rather prejudiced. Describes his own services as Lt. Governor and Lt. General. Continues:—As Commissioner for disposeing of H.M. lands in St. Christophers, he surveyed them all himself, and found about 2,000 acres more than were reported by the surveys taken by authority: and he sold those lands for 50 or £60,000 more than ever was offered, or expected for the same. Being an officer in the Guards at Gibraltar, he served as a voluntier Engineer and saved that important fortress from falling into the hands of the Spaniard etc. There is due from the late King William to petitioner about £4,000 on accot. of his father in law Col. Hill, who, being Lt. Governour of St. Christophers at the time of the Revolution kept that island in obedience to King William by paying the forces there out of his own fortune and dyed soon after without repayment or reward etc. Prays to be appointed Governor of the Leeward Islands or to the command of H.M. Regiment there. 2 pp. [C.O. 152, 40. No. 27.]
Nov. 24.
London.
992. Mr. Gould to Charles Delafay. I am informed the Governor of South Carolina was named last Saturday, and that as His Grace the Duke of Newcastle is out of town the vacant offices there will be filled up by my Lord Townshend etc. There are none but trifling ones vacant, not one above £50 pr. annum etc. Reminds him that the Duke promised a smal post for John Montgomery, "a particular friend of mine" etc. Signed, Nat. Gould. Enclosed,
992. i. List of offices (? vacant) in S. Carolina:—Chief Justice, Attorney General, Land Surveyor. Slip. [C.O. 5, 387. Nos. 87, 87 i.]
Nov. 25.
Boston.
993. Mr. Willard to Mr. Popple. Sends Minutes of Council of the Massachusets Bay, March, 1728—Aug. 31st, 1729, and of Assembly for session of April, May, June and August last, and five acts then passed. "The Treasurer's general accompt did not pass the Court till three or four months after the usual time, so that I must defer sending a copy till my next dispatches go Home" etc. Signed, Josiah Willard. Endorsed, Recd. 29th Jan. 1729/30, Read 9th June, 1731. 1 p. [C.O. 5, 872. ff. 124, 125v.]
Nov. 25.
Annapolis
Royal.
994. Governor Philipps to [? Lord Townshend]. Refers to letter of 2nd Oct. by Capt. Wellar, H.M.S. Rose, "with whom 1 took my passage to Canso" etc. Continues:—Where I continued till 17th Oct., when the fishery broke up, useing my best endeavours to promote the business of that place, to the best advantage of H.M. service and the generall satisfaction of the people whom I found under discontents, in the last of which I had the happiness to succeed according to my wishes as they acknowledge in their Addresses, and have given my promise to return the next season, to consult with them on farther measures for the encouragement of the Fishery, which exceeds anything of that kind in America, and for the makeing some settlements whereby the place may be furnish'd with fresh provisions for which they depend wholly at present upon New England and buy them at exorbitant prizes; the particulars of the state of that place shall be laid before your Lordship by the first opportunity. I am but just arriv'd here after a severe voyage of five weeks, where I find the last vessels we shall see this year ready to depart, so that the shortness of time affords little subject matter for your Lordship's information, only thus far I may venture to promise your Lordship, from the joyfull reception I mett with, particularly from the French inhabitants, that I shall be able by the next opportunity, to congratulate H.M. upon their entire and uncompelled submission to his Government, by takeing the oath of allegiance, which I will take care to have done in the most solemn manner, and it is my humble opinion that in order to confirm them in their obedience, and make them entirely dependent, they should hold their possessions by new grants from the King upon such conditions as shall be thought proper and the old ones to be call'd in and cancell'd, to which I pray H.M. Instructions, and whether they may be requir'd and in what manner to contribute towards the support of the Government, which I believe is what they expect, in all which I shall strictly confine myself to the orders I shall receive. Encloses proposal of a French Minister for settling French Protestants in Nova Scotia (v. Oct. 2. No. iii). Continues:—which was brought me by Major Cope, who had frequent opportunities of conversing with that person at Boston and gives him the character of an ingenious honest man. After haveing had recourse to my Instructions upon that head an answer was form'd to be sent to Mr. Le Mercier the undertaker etc. (v. encl. iii) and hope it will be found conformable thereto; and as to the rest must wait H.M. further directions thereupon, which I hope to receive from your Lordship by the first vessels in the spring. In my humble opinion it would be a great step towards the settling this Province to have once a beginning for which reason I promiss'd to recommend the eleventh Article, which proposes 5,000 acres to be granted as an encouragement amongst the Undertakers, which, if they are oblig'd to improve, I presume there will be no objection etc. The number of Councellers being diminish'd to five at my arrivall either by death or removal of their habitations, and one of them incapable of attending, I had great sattisfaction in haveing the opportunity of shewing a just regard to Major Cope's merrits by appointing him a Member of that Board, whose advice and assistance will help greatly in the settling the affairs of this Province, being a person of great honour with a very good understanding and distinguished zeale for H.M. service, there remains two more to be added to complete them to the number seven, as by the eigth Article of my Instructions. Your Lordship shall be acquainted of their names and qualifications when appointed. I have appointed the next week for receiveing the submission of the French inhabitants of this River and am assured that those of Minas and the other settlements at the head of the great Bay of Fundi are resolv'd to follow their example, but the winter being sett in, and no possibility of haveing it done till the navigation becomes practicable, will see it finish'd before I sett out for Canso, and transmitt an account thereof with the number of their families, scituation, trade, and commerce, and what else is requir'd for H.M. information. And as your Lordship cannot but see the impossibility of carrying on the service of this Government, without a vessel to attend it, am in no doubt but I shall be enabled thereto by an approbation of the purchase which I made att Canso of a small vessel for that purpose (as your Lordship was made acquainted) and an order for continueing her in the service till a communication can be open'd by land, and the affairs of the Province upon a better footing. The lateness of the season obliges me not to detain the trader by whom I send this dispatch tho' am sensible of it's incorrectness which I pray your Lordship will overlook and to honour me with your commands in the spring etc. Signed, R. Philipps. 6 pp. Enclosed,
994. i. Duplicate of Oct. 2, encl. ii.
994. ii. Duplicate of Oct. 2. encl. iii.
994. iii. Major Cope to M. Le Mercier, Minister of the French Church at Boston. Annapolis Royal. 25th Nov., 1729. I have communicated your project (No. ii) to the Governor, who approves of and will recommend it etc. Quotes his remarks upon it etc. Signed, Henry Cope. Copy, l½ pp.
994. iv. Duplicate of Oct. 2, No. i. [C.O. 217, 38. Nos 27, 27. i–iv.]
Nov. 25.
Annapolis
Royal.
995. Governor Philipps to the Duke of Newcastle. Duplicate of preceding covering letter. Signed, R. Philipps. Endorsed, R. Feb. 20th. 6 pp. [C.O. 217, 38. No. 28.]
Nov. 25.
Annapolis
Royal.
996. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, R. Philipps. Endorsed, Recd. 21st Feb., Read 11th May, 1730. 6 pp. Enclosed,
996. iiv. Duplicates of Nos. 994 i–iv. [C.O. 217, 5. ff. 174–176v., 177v.–179, 180v., 181, 182v.–185v., 186v.; and (duplicate of covering letter) 217, 30. pp. 36–39.]
Nov. 28.
London.
997. Capt. Coram to the Council of Trade and Plantations. In answer to request from the Board, sketches history of the tract of land between Nova Scotia and Maine. Continues:— As your Lordships were pleased to require my opinion in what part would be most proper to begin to make settlemts. on the N.E. side of the River Penobscot towards Nova Scotia, leaving the part of the S.W. side, towards N. England, to be settled hereafter etc., repeats that, if any part of the said tract should be suffered to go under the Government of the Massachusets, it would infailably be the destruction of the whole thereof, by the provoked native Indians there, (let whosoever settle on any other part of it) they having in time past received so many injurious provokations by the base and fraudelent practices of the Massachusets in making them drunk, then enticing them to execute deeds of conveyance for large quantities of their land, when they knew not the meaning of those deeds, and other base practices which has already been the cause of long warrs, and of sheding the blood of many of H.M. subjects. And those incensed Indians will never, whilst any of their blood remain be truly reconciled to the Massachusets, or any els who shall settle on the said tract whilst they have any pretensions to it or any part thereof. But if H.M. will never- theless have settlements began on the North East side of the River Penobscot, I humbly conceive the nearer that river and the bay befor it the better on many acctts., more especially for that, Penobscot Bay will between the river and the sea, hold a good fleet of ships comodiously, and I conceive it highly necessary that the said tract of country (which is very valuable) should be settled, planted and peopled under H.M. Government, the same having laid derelict a long time by default of the New Englanders, etc., wherefore it is not improbable the French King may claime it and soon take possession thereof, with as good pretence as he did the island of Sta Lucia a few years past etc. It would be vastly advantageous to the French to do so, for the Penobscot is navigable for the Indian cano to within 40 miles of the River Canada at Quebec etc., from whence they may easily have communication with France at all times of the year, whereas they cannot have it now by reason of the River Canada being frozen up all their long winters etc. Signed, Thomas Coram. Endorsed, Recd. Read 2nd Dec, 1729. Holograph. 2½ pp. [C.O. 5, 870. ff. 295–296v.]
Nov. 28.
Whitehall.
998. Lord Townshend to the Council of Trade and Plantations. H.M. having been pleased to appoint Jonathan Belcher Governour of the Massachusetts Bay and New Hampshire etc., you are to prepare draughts of Commission and Instructions for him etc. Signed, Townshend. Endorsed, Recd. 29th Nov., Read 2nd Dec, 1729. 1 p. [C.O. 5, 870. ff. 297, 298v.]
Nov. 30.
North
Carolina.
999. Extract of letter from Mr. Porter to Governor Burrington. Our session ended last Thursday, when Sir Richard [Everard] confirmed several laws, one for raising £30,000 paper currency, who has a present for so doing of £500. How this latter conduct will be approved of in England, in respect it breaks one of the Articles of his Instructions, we are at a loss to judge. I prevailed with him for near a twelvemonth last past to stop warrants and patents for land, till H.M. pleasure was known; himself having wrote the Duke of Newcastle his resolutions etc. (v. 18th June), which now he is every day breaking through by signing patents. Copy. ¾ p. [C.O. 5, 308. No. 4.]