America and West Indies
February 1735

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1953

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373-386

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'America and West Indies: February 1735', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 373-386. URL: http://british-history.ac.uk/report.aspx?compid=72780 Date accessed: 20 April 2014. Add to my bookshelf


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Contents

February 1735

Feb. 4.
Whitehall.
464.Council of Trade and Plantations to the Duke of Newcastle. Enclose, following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
464. i. Same to the King. In obedience to your Majesty's. commands etc. (24th Dec.), we have considered the Treaty concluded between the Governors of Martinique and St. Martin's, with Col. Mathew's observations thereupon etc. Represent that by the 1st Article of this Treaty not only a neutrality is stipulated between the French and Dutch inhabitants in the island of St. Martin in case of a war betwixt their respective sovereigns in Europe, but a defensive alliance is also contracted betwixt them and a stipulation made to succour each other reciprocally with all their force, if either side should be attacked by any nation whatsoever; so that in case of a war in Europe between France and Holland the French and Dutch inhabitants in St. Martin's would not only be in a state of a suspension of arms towards one another; but if it should ever happen that your Majesty and the States General should be engaged together in actual war against France the Dutch subjects in St. Martin's would nevertheless be obliged by this Treaty to assist the French if the latter should be attacked by your Majesty's forces. By the 2nd Article it is provided that the inhabitants of each Nation shall be allowed two vessels in time of war to supply them with all sorts of military stores and provisions which vessels shall be furnished with commissions and passports from their respective nations, and all other documents requisite for securing the freedom of their navigation, in which nothing shall be inserted contrary to the ordinances of His Most Christian Majesty and those of their High Mightinesses. And by the 3rd Article it is stipulated, that no ship of either nation, which shall sail to the said island of St. Martin with provisions and military stores for the supply of the inhabitants there, shall be molested or seized by any other French or Dutch ships unless they are engaged in a contraband trade. Whereupon we beg leave to observe that these articles might prove the foundation of a free trade in time of war between Holland and the French Colony in St. Martin's, and would give the Dutch too great an advantage in the trade of the West Indies over your Majesty's subjects, because all ships sailing from Holland to those parts might take out passports for St. Martin's whether they were bound thither or not, by which means they might etude the danger of being taken by the French crusers, to which all English vessels would be liable. We come now to the 4th Article of this Treaty by which it is agreed that no person of any nation whatsoever, shall be permitted in time of war to send into the island of St. Martin any negroes or other effects to preserve them from the enemy, except such persons as may retire thither in order to settle and remain in the island with their families; the said French and Dutch inhabitants promising to preserve inviolably in time of war the same union and intelligence which subsisted betwixt them in time of peace. Upon this Article we beg leave to acquaint your Majesty that in the course of the last war betwixt England and France, the French and Dutch inhabitants of St. Martin did then enjoy a neutrality, tho' not of the same extent with that stipulated by the Treaty now under our consideration, and it was usual for the people of the weaker English islands, in times of great danger, to send their choicest negroes and most valuable effects to the Dutch Colony at St. Martin's, as into an asylum where they might remain till the fear of an invasion was removed. But the French settlements lying at too great a distance from this island could not have the same advantage ; and therefore the stipulation comprized in this Article seems to be levelled entirely at the weak English Colonies of Nevis and Montserrat, which would be very much exposed to the incursions of the enemy in case of a war betwixt your Majesty and the French King, and on the other hand if the island of St. Martin should enjoy so great a security and such peculiar advantages in a time of general danger, your Majesty's subjects in the Leeward Islands might for their own preservation be tempted to forsake their habitations and incorporate themselves with the people of St. Martin's; which could not fail to be attended with fatal consequencies to the interest of Great Britain. With respect to the.5th Article, by which the people of St. Bartholomew are comprehended within the Neutrality and entitled to all the other advantages stipulated by this Treaty, we conceive this to be unequal even between the French and Dutch, because this island is peopled solely by the French and lies at so great a distance from all the other settlements of that nation, that in case of an attack it could not well be succour'd from any other place except St. Martin. But as both St. Martins and St. Bartholomew's are scituated within two or three hours' sail of St. Xtophers, we are inform'd it would be impossible for any ship to sail from St. Xtophers, Nevis or Montserrat for any of your Majesty's Dominions in Europe, without running the greatest risks imaginable of being taken by the French privateers who might lurk in the harbours of those islands. It is evident therefore that in case of a rupture betwixt Great Britain and France this convention might prove extreamly prejudicial to the interest of this Kingdom and the trade and navigation of your Majesty's subjects; wherefore we would humbly beg leave to propose, that your Majesty's Minister at the Hague may have orders to represent in the strongest manner your Majesty's dissatisfaction at this Treaty to the States General, and endeavour to obtain their disapprobation of it in the most explicit terms as being of a tendency to create misunderstandings, and to disturb and alter the harmony and good correspondance, which have so long subsisted betwixt this Crown and their Republick. Autograph signatures. 7 pp. [C.O. 152, 40. Nos. 41, 41 i ; and (without enclosures) 153, 15. pp. 278–285.]
Feb. 6.
Whitehall.
465.Council of Trade and Plantations to the Committee of the Privy Council. Representation upon petition of John Yeamans, referred 13th Jan. As it has long been customary to levy a duty of gunpowder upon the tunnage of shipping trading to Antigua, and considering that H.M. regiment quartered in the Leeward Islands is supplyed with gunpowder by the people of Antigua, which is a circumstance peculiar to that island, we are humbly of opinion that H.M. may be graciously pleased to permit his Governor to give his assent to an act for the purpose mentioned, to continue in force for three years, provided care be taken to oblige the proper officer for collecting this duty to receive it in kind only, if gunpowder may possibly be procured, and likewise that he be in that case restrained from commuting gunpowder for mony, which would destroy the intention of the law, and is the rather to be provided against upon this occasion, because in the last act passed at Antigua upon this subject, two shillings in mony was laid upon one third part of the tonnage of all vessels instead of the usual duty of gunpowder. [C.O. 153, 15..pp. 286–288.]
Feb. 6.
Charles Town,
South Carolina.
466. Mr. Fox to the Council of Trade and Plantations. Encloses lists of vessels entered and cleared, Charles Town, for the quarter ended Christmas, 1734. Signed, Jos. Fox, Naval Officer. Endorsed, Recd. 9th April, Read 18th Sept., 1735. 1 p. [C.O. 5, 364. ff. 245, 250 v.]
Feb. 7.
Whitehall.
467. Mr. Popple to Mr. Fane. Encloses, for his opinion thereupon in point of law, 26 acts of the Massachusetts Bay, 1731–1734. Annexed,
467. i. Lists of acts referred to in preceding. [C.O. 5, 917. ff. 107–110.]
Feb. 11.
Whitehall.
468. Mr. Popple to Mr. Fane. I send you inclosed a copy of the Pensylvania Charter, by which you will perceive yt. the Crown has reserved to its self a power of repealing any laws pass'd in that Province under the Privy Seal; since which Charter several laws of that Province have been repealed here by virtue of an Order in Council only; but as some dispute might have arisen whether the said laws were not yet in force, not having been repealed according to the letter of the Charter, the Province of Pensylvania have passed an Act declaring such laws to be effectually repealed, notwithstanding such informality. My Lords Commrs. for Trade and Plantations therefore command me to send you the said Act, upon which I am to desire your opinion in point of law as soon as may be; as likewise whether the King's repeal of a Pensylvania Law by virtue of his Order in Council only, may not be deemed an effectual repeal within the meaning of the said Charter. [C.O. 5, 1294. p. 79.]
Feb. 12.
Kensington.
469. Order of King in Council. Repealing Act of Barbados for the further regulating fees etc., and ordering that such of the Patent Officers or their Deputys who have been removed from their offices by virtue of the said act, should be forthwith restored to the possession thereof, (v. A.P.C. III. No. 309.) Signed,.W. Sharpe. Endorsed, Recd. 31st May, Read 12th June, 1735. 3½ pp. [C.O. 28, 24. ff. 61–62 v., 66 v.]
Feb. 12.
St. James's.
470. Order of King in Council. Approving Additional Instruction to Governor Johnson relating to the township of Purrysburgh etc. Signed, W. Sharpe. Endorsed, Recd. 31st.May, Read 12th June, 1735. 1 p. [C.O. 5, 364. ff. 34, 39 v.]
Feb. 13.
London.
471. Mr. Coope, Agent for St. Christophers, to Mr. Popple. Abstract. Governor Mathew has communicated to him what he apprehends is a grievance to the Sugar Colonies in general. Hopes the Lords of Trade will find an apt expedient to make the late Act of Parliament effectual, and put us upon equal terms with the French. By Governor Mathew's 96th Instruction, rounded on the 5th and 6th Article of the Treaty of Peace and Neutrality, vessels found trading and fishing as described in the said 5th Article are to be confiscated. Continues: But our Judges of Admiralty abroad will not condemn unless actual trade and fishing are directly proved, and the Commanders of men of war don't now concern themselves in the seizure of French and English ships upon experience that mony and time are lost upon this elusion. The French King by his edict relating to foreign trade in the Colonys in America of Oct., 1727, finding probably such proofs of actual trade often eluded, explains the said article of the Treaty by being within a league of any of his islands, even desert ones, and has thereupon for many years seiz'd and condemn'd our vessells right or wrong. It is therefore humbly hoped that the same construction may be allowed among us in respect to the French vessells etc. As the French King by the.5th Article of his arret gives letters of marque etc. to all his subjects, it may be reasonably expected that we may do the same, at least to some limited number of vessels. If some remedys are not obtained, French rum and molasses will there daily crowd in upon us, and thus the late Act of Parliament will be of little avail etc. If the Board will compare the 5th Article of the Treaty with the Edict of the French King, they will soon judge with what severity he uses us, and also breaks through the present Treaty of Peace etc. Signed, Ri. Coope. Endorsed, Recd. 14th Feb., 1734/5, Read 26th Oct., 1736. Addressed. 1½ pp. Enclosed,
471. i. Extract from the French King's Edict, Oct., 1727, referred to in preceding. French. 1 p. [C.O. 152, 22. ff. 130–131, 132 v.]
Feb. 13.
Whitehall.
472. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, W. Sharpe. Endorsed, Recd. 18th, Reud 21st Feb., 1734/5.1 p. Enclosed,
472. i. Petition of the Minister, Elders and Members of a German Lutheran Congregation, settled in the Prince of Orange's County (formerly called Spotsilvania) in Virginia, to the King in Council. The said Congregation consists of sixty-two familys making in number 274 persons. They came to Virginia in 1717 and were then settled on some lands belonging to Colonell Spotswood but in 1725 they removed forty miles further and were then seated upon lands belonging to the Crown at the very borders of the country under the Great Ridge of Mountains where they have served as a defence against the Indians and in which dangerous scituation they have continued ever since. In 1720 an Act of Assembly was past for erecting two new Countys called Spotsilvania and Brunswick and for granting certain exemptions and benefits to the Inhabitants thereof. In which Act it was enacted "That if any number of Foreign Protestants shall at any time within the space of ten years from the first of May 1721, come to dwell and inhabit the said Countys of Spotsilvania and Brunswick respectively and shall keep and maintain a minister of their own, all and every such Foreign Inhabitants with their and every of their tytheable persons in their familys shall be exempt and free from the payment of all parochial dues and charges towards the parishes of St. George and St. Andrew for the space of ten years next after their arrival or so much thereof as they shall keep and maintain such ministers of their own as aforesaid. Petrs., being Inhabitants of the parish of St. George, they did in consequence of the above Act use their utmost endeavours to obtain a minister of their own Religion, but could not find one that would accept of so small a living till very lately that Providence hath directed them to hear of a Divine regularly educated in one of the Accademys in Germany whose heart is inclined to accept of their calling him to be their minister. For want of meeting with such a minister during the said term of ten years they had no benefit of the exemptions intended them by the said Act but have been obliged to pay all the parish levies from their first settling to this time, and which they must even still continue to pay, notwithstanding they are now provided with a minister in regard the said Act is now elapsed. As it will be impossible for this Congregation to maintain their Minister and at the same time to pay the parish levies, their distance from a navigable river depriving them of all benefit of trade and as they have always been good and faithfull subjects to the Crown of Great Britain and regularly paid all their quit rents and taxes, Petitioners therefore most humbly pray that your Majesty will be graciously pleased to give your Royal Instructions to the Governor of your Majesty's Province of Virginia to recommend to the Council and Assembly to renew such part of the Act as is aforementioned to exempt them from the paying of all parish levies during such time as to your Majesty shall seem meet which will prove a great inducement to many other German familys to come and settle in those parts, etc. Signed, Johannes Corpurus Hoeverus, Aictae Congregationis Pastos; Michael Shmidt one of the Elders of the sd. Congregation, Michel Holt one of the Members of the said Congregation. Endorsed, R.1st Feb., 1734. 2½ pp. [C.O. 5, 1323. ff. 113, 114–115 v., 116 v.]
Feb. 13th.
Whitehall.
473. Mr. Popple to Mr. Mathew. My Lords Commissioners taking into their consideration the acts of the several islands under your Government observe that the late Sir Wm. Mathew in 1705 was instructed to transmit a compleat collection of all the laws in force etc. Continues : Pursuant to which Instruction, two books of the laws of Nevis to 1701 and Antigua to 1705–6 were transmitted to this office, and the like instruction being continued for all the succeeding Governors, General Hamilton transmitted a collection of all the laws of the Leeward Islands in general, and of Nevis in particular to 1st Sept., 1715; and a like collection of the laws of St. Xtophers to 26th March, 1717, and their Lordships have lately had a revised copy of the laws of Antigua to 1724, that have been since printed, five copies of which by their Lordships' directions are deliver'd to Mr. Yeamans, one for yourself, one for the Lieut. General, one for the Lieut. Govr. of Antigua, one for the Council, and one for the Assembly. But their Lordships observe that no collection of the laws of Montserrat have ever been transmitted to this Board; and Col. Hart in 1723/4 inform'd their Lordships, that Monsr. Cassart in his descent upon that Island in 1712 burnt all the records, and that the acts before that time remaining and pleaded in Court, were only in loose papers in the hands of particular persons, and that no collection could be made of them, their Lordships therefore command me to desire you will give effectual orders that all the laws deemed in force in that island be collected together, revised and considered by the Council and Assembly and a true attested copy thereof transmitted to their Lordships as soon as possible. And their Lordships having received certain information that several acts have been passed in St. Xtophers since 1717, that have never been transmitted to their Lordships by the Govrs. pursuant to their instructions in that behalf, and having reason to apprehend that the like neglects may have happen'd with regard to the islands of Antigua and Nevis, I am commanded to send you the three inclosed lists of all the acts that have been transmitted to their Lordships since the date of the last act in each of the aforementioned collections, and to desire you will, as soon as possible send their Lordships, separately under the seal of the Islands, authentick copies of all the acts passed in the island of Antigua since 25th Jan., 1705/6, in Nevis since Sept. 1st,.1715, and in St. Xtophers since 26th March, 1717, whose titles are not in the said respective lists. [C.O..153, 15. pp. 280–291.]
Feb. 15.
St. Christophers.
474.Governor Mathew to Mr. Popple. Beside the duplicates of public papers that I transmitted to you with the original of the above duplicate letter, I now enclose copy of the Minutes of Council of St. Christophers from the 26th February and ending the 26th September, 1734. And an Act of Antigua to continue an Act for repairing the cisterns and finishing the store house and repairing the platforms of the guns at Monk's Hill and also to continue another Act entitled a supplementary Act to the Act above recited. These I must pray the favour of your laying before their Lordships. At the same time I desire you will, with assurances of my duty, let their Lordships know I am honoured with their commands of the 23rd October last, reminding me of H.M. Instruction relating to the Treasurers of these Islands, and ordering my obedience thereto. To this, Sr., I pray you will inform their Lordships, that in order to obtain from the sevll. Treasurers a punctual obedience to these H.M. Commands, and in due time, I sent to the Treasurer of each Island, so long ago as the 8th Feb., 1733/4, a positive order, reciting that Instruction, as farr as it related to them. But I never receivd such transcript of their accots. to this day, except for the first half year from the Treasurers of Nevis. This I was unwilling to send alone, being but a part of an accot. of H.M. Revenue for this Government. .All I could pick up and form something of an accot. upon, I.specifyd in the General State of these Islands I transmitted to you in Septr. last. However, lest their Lordships should chuse to have it so, I enclose that half year's Treasurers' accots. For Nevis. The Treasurer of Antigua dy'd in Novr. last, and I am sending a renewal of those orders to him to his successor, pressinghim, as I do all the others to an immediate obedience. The Treasurer of St. Christophers that now is, being of my own appointment lately, he is preparing his accots. and the accots. Of the former Trearer, which he neglected letting me have as I orderd, having been laid before the Council, I will have them transcribed to send with all speed. I am sending to the Treasurer of Nevis for his last half year. As for the Trearer. of Montserat I can say nothing in his excuse, and to remove him for his neglect, would be no punishment. I hardly think the post worth thirty pounds sterl. a year, and he is a man of best figure there. I have hitherto punctually sent you all the Minutes of the several Councils and Assembly as I could get them, except the Minutes of the Assembly of this Island. The Clerk of that House has ever treated my orders with much disregard, I never could obtain the Minutes regularly from him in any of the intervals I have in chief commanded here. And I am now here as Chief Governor near sixteen months, and yet can never obtain them, tho by the orders he (as well as other Clerks of Assemblys) had from me at my first arrival, I directed their being delivered to me evry three months. I therefore finding him obstinate in not doing his duty, have now removd him, and appointed Mr. James Losack, formerly D. Secretary, Clerk of the Assembly, in his stead, all which I pray you will lay before their Lordships. Signed, William Mathew. Endorsed, Recd. 22nd April, Read.30th July, 1735. Holograph. 2 pp. Enclosed,
474. i. Duplicate of Jan. 20, 1734/5. 2 pp.
474. ii. iii. Abstract of Treasurer of Nevis' accounts 1731, 1734. Endorsed, Recd. 22nd April, 1735. 3 large pp. [C.O. 152, 21. ff. 103–104 v., 105 v., 106 v.–108 v.]
Feb. 18.
London.
475. Mr. Yonge to Mr. Popple. By the favour and permission f the Lords Commissrs. for Trade and Plantations I have perused the heads proposed by H.M. Attorney and Sollr. Genll. for an act to be passed in South Carolina in lieu of the present quit-rent law etc. Encloses his remarks thereon etc. Continues: I presume there have not been found any inconveniencies in the present law, as to the puting it in practice since it had its force, but that a rent roll is perfected and H.M. rents have been paid in proclamation money. If so, the end of the law is answered, and the people satisfied and quiet in their minds and possessions. May it not be more eligible therefore to continue the law as it is, and bear with some few inconveniencies (if any there be) than to risque the repealing it, and thereby exasperate the people in such a manner that they will not be prevailed on to pass such a one as is required or perhaps any others, but insist upon Archdale's law, defend their titles the best they can, and pay the Crown a fifth part only of the quit rents they have now obliged themselves to do: for as to the arrears graciously remitted them by H.M., it must be considered that two years' rent paid since the passing the law at five shillings for one, makes up eight years' deficiencie, besides that all who have paid have rects. in full for all rents and arrears of rent to the time last paid to, etc.Continues: It must be owned there are some few things in the law to which the Govr. and H.M. Council did their utmost to have left out, but thought the law as it is of too much consequence to loss for them, such as the restraints on the King's officers etc., but they were most strenuously opposed by Mr. Hume, who I can averr was the great stickler for all those clauses in favour of the people now by him found fault with, when nothing was heard from him either within or without doors but the tyranie too often practiced by the Officers of the Crown in America, that now was the oppertunity to secure the peoples' titles to their lands and estates declared to be all invalid by H.M. Attorney and Sollr. and Mr. Fane, and that the same had been done on several occasions in England, to prove which he quoted and produced many Acts of Parliament, for which he had the thanks of the House in a formal manner etc. But he had it not then in his thoughts how great a proffit he might make by rendering or rather continuing the people's titles doubtfull, not only as a lawyer by setting them at variance with the Crown and with one another, but by seizing their lands to his own use even while under the sanction of a law yett in being, and which he is now useing his utmost endeavours (for those reasons) to gett distroyed, but he was soon convinc'd by that great genius, Mr. Wittaker who brought him and four others to a way of thinking calculated much more for their own advantage, or H.M. service alone wou'd scarcely have prevailed on them to undergo so long, troublesom and expencive a voyage, purely to point out some few inconveniencies in the law, but which indeed were only such as stood in their way etc. Signed, Fd. Yonge. Endorsed, Recd..18th Feb., Read 20th Aug., 1735. 3 pp. Enclosed,
475. i. Remarks on the Heads of a Bill for providing H.M. a rent-roll, for securing H.M. quit rents and the remission of arrears etc. 7 pp. [C.O. 5, 364. ff. 136–137, 138–141 v.]
Feb. 18.
Whitehall.
476. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, three acts of Georgia, (i) for rendring the Colony more defensible by prohibiting the importation and use of black slaves et.; (ii) to prevent the importation and use of rum and brandies;.(iii) for maintaining the peace with the Indians. Requests report on the last on Thursday morning etc. [C.O. 5, 401. pp. 133, 134.]
Feb. 19.477.Mr. Fane to the Council of Trade and Plantations. Has no objection to preceding three acts of Georgia, etc. Signed, Fran. Fane. Endorsed, Recd. 19th, Read 20th Feb., 1734/5. 1 p. [C.O. 5, 364. ff. 18, 21 v.]
Feb. 21.
Whitehall.
478. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following.
478. i. Draught of Additional Instruction for Governor Mathew, permitting him to give his assent to a new law for laying a duty of gunpowder upon the tonnage ofshipping etc. The Instruction recites the concluding paragraph of Representation of 6th Feb. q.v. [C.O. 153,.15. pp. 292–294.]
Feb. 21.
Whitehall.
479. Council of Trade and Plantations to the Lords of the Committee of the Privy Council. In reply to Order of 13th inst., find the allegations in the petition of the German Lutheran Congregation in Virginia to be true etc. Conclude: We are humbly of opinion that H.M. may be graciously pleased to order his (Governor of Virginia to move the Council and Assembly to renew the exemption granted to the petitioners by the act of.1720, for the term often years longer etc. [C.O. 5, 1366. pp. 120, 121.]
Feb. 21.
Whitehall.
480. Same to Lt. Governor Gooch. Enclose H.M. Order as to setting out Lord Fairfax's land in Virginia. Conclude: We take leave to recommend his Lordship to your favour and protection and desire you will give him all convenient dispatch etc. [C.O. 5, 1366. p. 122.]
Feb. 24.
Whitehall.
481. Duke of Newcastle to the Governors of Jamaica and Virginia. Encloses following. Directs them to make enquiry and transmit as soon as may be an account of what grounds have been given for this complaint of the Court of Spain. Signed, Holles Newcastle. Copy. Annexed,
481. i. Memorial presented by the Spanish Ambassador. London, 28th Oct./8th Nov., 1734. Abstract His Catholic Majesty is surprised to learn the following extraordinary facts, and relies upon H. M. justice to apply the promptest and most effective remedy for the satisfaction and extinction of similar excesses. On 5th April, 1733, Don François Lopes Marchan, Alcalde Mayor of Tabasco in the Province of Yucatan, informed His Majesty that on his voyage in his ship, duly registered, from Cadiz to the said town, he was taken by an English frigate, and brought to the port of Hampton in Virginia, where he saw some Indians from Campechy in slavery; that from thence he was taken to Jamaica, where he found about fifteen other Indians in captivity, and amongst them a boy of nine years old, who on learning that Don Marchan was a Spaniard, wished to speak to him and began to weep, but an Englishman withdrew him violently from his presence. That he also met there some women of the people of Saint Jean Baptiste of Tenossique from the same Province of Campeche, amongst whom was one who made known that she was a Christian and entreated him to deliver her, and also one of her sisters aged 16, from the wretched state in which they had been for six years since they were sold, at the time when the Indians, Zambos and runaways of Mosquitos, (les Moiens Zambos et Vagabonds de l'isle des Mosquitos) attacked and carried off anentire people from the province of Campeachy; adding that there were also in Jamaica an immense number.(infinité) of Indians who had been sold in the Plantations. Don François applied to the Commodore of H.M. ships of war, to reclaim these Indians in the name of the King. But he replied that he must await instructions from His Majesty. And being no less certain that the masters of the ships of the Assiento, abusing their special privileges, carry off many Indians, as has been proved in the last fleet, by the merchant vessel of Captain Monsalve, who took near Havana an English sloop which was carrying off six Indians from Campeachy, and which he abandoned, as also that the exactions made by the Indians, Caribee Indians, blacks and Zambos of Mosquito Island in the Provinces of Honduras, Nicaragua and Campeche, are at the instigation and under the protection of the English of Jamaica, with whom they trade and sell the Indians who do not submit to them for guns, powder and ball etc. As these matters are of the greatest importance, and the selling of the Indians is contrary to the natural law of mankind, both call for a prompt and effective remedy. His Catholic Majesty expects that your Majesty will send immediate orders to the Governors of your adjacent Colonies, that the Indians enslaved in Jamaica and Virginia be at once restored, and that they should not permit the sale of Indian subjects of His Majesty by the Assiento ships or by any other means etc., and that your Majesty will express your displeasure with all who have taken part in such outrages etc. Signed, R. le Conte de Montijo. French. Copy. [C.O. 324, 36. pp. 489–493]
Feb. 26.
Whitehall.
482. Council of Trade and Plantations to the Duke of Newcastle. Enclose, for H.M. orders thereupon, extract from Governor FitzWilliam's letter with an account of a contagious fever and an intended insurrection of the negroes at Providence. [C.O. 24, 1. p. 298.]
Feb.26.
Whitehall.
483. Council of Trade and Plantations to the King. Propose Samuel Byam for the Council of Antigua, in the room of Francis Carlisle, decd. [C.O. 153, 15. p. 295.]
Feb. 27.
Jamaica,
Spanish Town.
484. President Ayscough to the Council of Trade and .Plantations. My Lords, the rebells, since their chief town has been taken from them, which we still keep possession off, have been so distressed, for want of provisions and ammunition, that they have been forced to disperse themselves into severall bodies, one of which consisting of about one hundred and forty men, women and children, is making the best of their way to the parish of St. Elizabeth's, the Leeward part of the Island, to find out some remote place to settle in, or to join one John Cuffee, Capt. of. another gang of rebells, that way; This acct. I had, from a youngnegro man, who, after he had kept them company for two days, in their way thither, made his escape from them; a copy of whose examination I have inclosed to your Lordships, and whose information agrees with other advices I have received. I immediately upon this intelligence ordered flying parties, out of the severall middle parishes of this Island, to intercept them in their way; and if they should not meet with them, another strong party in search of them, to pursue them into the place, where they are goeing to settle. I did myself the honour in my last to acquaint your Lordships, pursuant to a former proposal made by your Lordships to the late Governor Hunter, that I sent one Mr. Granvill, whom I appointed a Lieutenant, in one of the Independent Companies, to capitulate with the rebells, who carried with him proper instructions, to treat with them upon the terms of freedom, and having land allotted them, for their settlement; This enterprize at present has had no effect, for your Lordships' particular information, I have likewise inclosed a copy of his letter to me. Since his return I have been informed by a rebellious negro man, lately taken and brought in, that one of their Captains, named Goomer, born in the woods, and a very stout fellow, would come in, with all his men, which consists of about forty or fifty, if they could be pardoned, I accepted of this offer, and have sent the same gentleman, to endeavour to find that Captain out, to treat with him, upon the terms of his pardon and freedom; how he has succeeded I have yett no account, as soon as I shall hear from him, shall take the first opportunity to communicate the success of this negotiation to your Lordships. By the daily information I have received of the rebells being distressed, and of their being continually harrassed by the severall parties, which are sent out against them, I'm not without hope in a short time, either to oblige them to submitt, or reduce them; severall of them have lately been killed and some taken alive, and I have lately received advice that Capt. Campbell, whom I sent in pursuitt of them, with the Independent Company under his command, joyned with forty shott of our party, had taken a spy, near Port Antonio, who offered, on his being pardoned, to carry them to a place where the rebells were, consisting of fifty shott and a great number of women and children, where they may be surprized, and taken: This account I have had but the day before my dispatching this express, and in a few days I expect to have a good acct. of them. Signed, J. Ayscough. Endorsed, Recd. 12th June, Read 15th July, 1735. 1¾ pp. Enclosed,
484. i. Examinaton of two negroes named Cudjoe, "who were lately of the black shott of the party commanded by Lt. Simon Booth." 10th Feb., 1734/5. A rebellious negro prisoner told them recently at Mountain Spring, St. James's parish, that Capt. Gummer and all the rebellious negroes with him would come in, if they were pardoned, for that Capt. Cudjoe and his gang troubled him much, and for fear of him and the Backarara parties.[white men], Gummer was forced to go every day to a new place. Endorsed, Recd. 28th May, 1735. ½ p.
484. ii. Information by "an Ebo named Cupid" escaped from the rebels. Taken at Mr. Bendish's estate, St. Mary' 31st Jan., 1734/5. About 40 rebellious men and a far greater number of women and children lay on Wednesday night the 29th instt. at John Townsend's penn on Wagg Water three miles up the river from Mrs. Mercer's, under the command of Quarentine or some such name, with whom are also Collo. Nedham's Cuffee and Tomboy and Mr. Samuel Orgill's Apollo and Duke. They crossed the river below Townsend's the next morning in order to fall upon some adjacent plantation for provisions, cloaths and ammunition to enable them to proceed on their march to John Cuffee's Town, somewhere to leeward, which they could not do from their weakness thro' hunger and fluxes without some selling of provisions in particular. They had a long while lived on the wild produce of the woods alone whence they died very fast in their marches, and within three days killed four of their men who were so weak with hunger that they could not keep pace with the rest. They had fire arms, macheats and launces sufficient, as also plantation tools but very little powder, some a charge or two, but the major part none at all, were so much afraid of being discovered that they filled up or smoothed their tracks when they went over sand or soft earth. He never knew of any supply of ammunition they had but by robbing plantations and what former parties left them in their flights. He saw three white men that were taken in some of those parties carried to the Negro Town and there put to death by hanging. When Broadgate's or Edwards's Pompey deserted them, they putt Queen and her two children to death, being negroes they carried away from Edwards's at the same time as Pompey. Adou keeps still to windward (vizt. about Edward's, John Brooks's and Hobbey's) with a great party and amongst them Mr. Orgill's Scipio, Cesar and Adubah, also Nanny and her husband, who is a greater man than Adou but never went in their battles.1.p.
484. iii. Bevill Granville to President Ayscough. Woodstock. Feb. 6, 1734/5. Explains his failure to make terms with the rebellious negroes, who warned him that if he came to them again they would kill him etc. Signed, Bevill Granville. Endorsed as covering letter. 1. large p. [C.O. 137, 21. ff. 203, 204, 204 v., 206–207,.208, 208 v.]
Feb. 27.
Jamaica,
Spanish Town.
485.President Ayscough to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, J. Ayscough. Endorsed, R. 13th June. 1¾ pp. Enclosed,
485. i.–iii. Duplicates of encl. i.–iii. preceding. [C.O. 137, 55. ff. 156–159, 160.]
1735.
Feb. 28.
Whitehall.
486. Council of Trade and Plantations to Committee of Privy Council. Recommend for H.M. approbation the 3 acts of Georgia mentioned Feb. 18. [C.O. 5, 401. pp. 134, 135.]
Feb. 28.
St. Christophers.
487. Governor Mathew to Mr. Popple. I receivd yours recommending Mr. Brounker, who shall find me heartily his friend as any occasion may happen for me to serve him. I send herewith three Montserat Acts, which require no explanation of mine upon them. The Church Act is indeed somewhat trifling about the choice of a sexton. They have no vestrys in that Island. I formerly wrote to their Lordships on that particular. I desire you will with my duty present these three Acts to their Lordships. Signed, William Mathew. Endorsed, Recd. 22nd.April, Read 30th July, 1735. Holograph. 1 p. [C.O. 152, 21..ff. 109, 112 v.]