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1 Sept.
Criml. Papers, Scotch, v. l. 1762–86, pp. 36–41. |
980. The Same to the Lord Justice Clerk. |
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Requesting him to report on the enclosed petition of William
Dunbar [freeman, barber and peruke maker, and burgess of the
city of Edinburgh], now in the gaol of that city. |
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A letter from the petitioner to Lord Halifax, and the petition to
the King which accompanied it are also entered. Dunbar was in
1762 "interdieted" by the Lords of Council in Scotland, on a
certain false "alledgence," to be imprisoned till a further opportunity offered of transporting him to the American plantations,
whereby they exceeded the powers given them by His Majesty;
for by them they could only banish out of Scotland, unless it were
great criminals who feared the consequence of a trial, and who
commonly petitioned to be sent to any of the American plantations.
But this was not the case with the petitioner, though he then
tamely and unadvisedly overlooked the decree, "his business being
at that time in a little disorder." In the interim, before an opportunity offered for his transportation, he was allowed to enlist,
which he cheerfully and voluntarily did. Eventually, last February,
his regiment was disbanded, and he returned home, thinking his
discharge a sufficient warrant for the step, and a full protection
from any back reckoning upon the score of the said decree; which
opinion the petitioner humbly hopes His Majesty will confirm.
He is very certain that he would never had been called in question
by any, if he had not been so unlucky as to call the person to an
account whom he had entrusted with his effects and the whole
management of his affairs during his absence, and who, to avoid a
"compt" and reckoning, supplicated the Lords of Council, representing that the petitioner had returned contrary to their decree;
whereupon he was put in Edinburgh prison. Since then he presented a petition to their Lordships, who thereupon decreed that the
baillie or alderman who ordered the petitioner's liberation, as well as
the petitioner, should stand trial before them; and accordingly the
baillie was charged by a macer of court to that effect. Yet, notwithstanding, on the day of their appearance, the baillie was not
as much as called on, but proceeded without more ado against the
petitioner, when the former decree was renewed, without giving
his counsel leave to say one word either in his defence or on his
behalf. |
2 Sept.
Dom. Geo. III., pcl. 75, No. 43. |
981. "List of papers for Captain Hervey, Sept. 2, 1763." |
9 Sept.
Circular Bk., 1761–86, p. 7. |
982. Earl of Sandwich to Lord Viscount Stormont, the
Earl of Buckinghamshire, and Sir Jospeh Yorke. |
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Notifying his appointment as Secretary of State for the Northern
Department. |
9 Sept.
Circular Bk., 1761–1786, pp. 7 and 8. |
983. The Same to Messrs. Mitchell, Titley, Cressener, Stanhope,
Wroughton, Woodford, Langlois, Mathias; the Lord
Justice Clerk; Messrs. Mackenzie, Wolters, Swallow,
Fenwick, Wallace, Corry, Hatton; Sir John Goodricke;
and Lord George Beauclerck. |
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Notifying the same. |
9 Sept.
Dom. Geo. III., pcl. 75, No. 44. |
984. Earl of Halifax to the Lords of the Treasury. |
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Upon the request of Walter Titley, Esq., H.M.'s Envoy Extraordinary at the Court of Denmark, who, through age and infirmity,
is unable to carry on the public business without assistance, the
King has appointed Dudley Alexander Cosby, Esq., to be his
Resident at the same Court, to act under the advice of Mr. Titley,
and to supply his place in case of absence or death. Mr. Titley
has offered to give up 40s. a day to His Majesty's disposal. This
sum is therefore to be paid for the future, after the usual deductions
first made therefrom, to Emanuel Matthias, Esq., whom the King
will employ as his agent to the Hans Towns. The remaining 3l.
per diem of Mr. Titley's appointments, and his extraordinary
allowances, are to be continued to be enjoyed by him, whether
residing in Denmark or elsewhere. |
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The King, thinking it derogatory to his dignity to continue any
longer a British Minister residing at Copenhagen, in expectation
of the time when the Court of Sweden may be pleased to admit
him in that capacity, has sent orders to Sir John Goodricke to
return from thence. Asks their Lordships to receive His Majesty's
commands upon all the above. A draft. 3 pp. |
| 9 Sept. Dom. Entry Bk., v. 23, p. 262. |
985. Earl of Halifax to the Lords of Trade. |
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James Porter, Esq., late Ambassador to the Ottoman Porte, has
been appointed Minister Plenipotentiary to the Court of Brussels.
Requests them to communicate to him, on application, any
papers in their custody which will give him information as to
what has passed in relation to several points, remaining in dispute
and unsettled, with respect to the execution of the engagements
taken between His Majesty and the States General with the House
of Austria by the Treaty of Barrier, concluded at Antwerp on the
4/15th of November 1715, and of the Convention signed at the
Hague on the 11/22nd December 1718, and the fifth article of the
Treaty of Vienna of the 16th March 1731, both relating thereto. |
9 Sept.
Dom. Entry Bk., v. 23, p. 263. |
986. Earl of Sandwich to the Postmaster General. |
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Enclosing a list of the clerks in his office, that they may enjoy
free postage. |
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The list, viz:— |
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Richard Phelps, Esq., |
Under Secretaries. |
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James Rivers, Esq., |
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Joseph Richardson, First Clerk. |
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George Brown, |
Clerks. |
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William Duck, |
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Jeremy Sneyd |
|
Cuchet Jouvencel, |
|
John Haynes, |
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J No. Christopher Roberts, |
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William Pollock, |
|
James John Fenoulhet, |
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Lovell Stanhope, Esq., Law Clerk. |
| 10 Sept. Dom. Geo. III., v. 2, No. 7. |
987. Mons Michell to the Earl [of Halifax]. |
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In reference to his appointment as Secretary of State for the
Southern Department.—London. 1 p. |
13 Sept.
Dom. Entry Bk., v. 22, pp. 84 and 85. |
988. Earl of Halifax, H.M.'s Principal Secretary of State for
the Southern Department, to the Postmaster General. |
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Requesting that the persons in his office, of whom a list is
enclosed, be allowed free postage. |
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The list, viz.:— |
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Rt. Hon. Edward Weston, Under Secretary and Writer of the
Gazette. |
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Edward Sedgwick, Esq., Under Secretary for American Affairs. |
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Peter Michael Morin, Esq., Assistant Under Secretary. |
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John Larpent, First Clerk. |
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Richard Shadwell |
Senior Clerks. |
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Francis Wace, |
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James Wright, |
Clerks. |
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Charles Brietzeke, |
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Robert Morrison, |
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William Taylor, |
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Bryan Broughton, |
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George Aust, |
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George Cooke, |
13 Sept.
Dom. Entry Bk., v. 22, p. 87. |
989. The Same to Lord Mansfield. |
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Informing him, by desire of Mr. Gould, who waited on him
(Lord Mansfield) some time ago, (concerning Daniel McDonald, a
prisoner on a ship of war, who had been tried by court-martial at
Martinique for murder,) that the delay in executing the writ of
Habeas Corpus, and bringing the prisoner before his Lordship, has
arisen from no answer having been received from the Attorney
General, who is out of town, to an official letter wherein he, the
Earl, signified the King's pleasure that he, the Attorney General,
should consent on the part of the Crown to the prisoner's being
bailed, or point out any more proper method. |
15 Sept.
Dom. Entry Bk., v. 22, p. 88. |
990. Mr. Edward Sedgwick to Lord Colvill, Rear Admiral
of the White, and Commander-in-Chief of H.M.'s Ships
in North America. |
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Directing him to forward enclosed packets. (Two letters.) |
| 15 Sept. Scotland, v. 25, No. 97. |
991. Lord George Beauclerck to the Earl of Halifax. |
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Congratulating him on his appointment as Secretary of State
for the Southern Department, &c.—Edinburgh. 1 p. |
| 18 Sept. Dom. Entry Bk., v. 22, p. 89. |
992. Mr. E. Weston to the Master of the Ceremonies. |
|
Enclosing a letter from the Morocco Ambassador. The Earl of
Halifax requires information with regard to his Excellency's
request of changing his house. |
19 Sept.
Dom. Entry Bk., v. 22, p. 106. |
993. Earl of Halifax to the Board of Trade. |
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The King, on consideration of the reasons set forth in their
Lordships' representation of the 5th of August last, has laid aside
the idea of including within the Government of Canada, or of any
other established colony, the lands reserved for the use of the
Indians. The extent of the commission which they are to prepare
for the Honble. James Murray is therefore to be exactly such as
was marked out in their first report of the 8th of June last, and in
the map thereto annexed, under the denomination of Canada; and
such Government is to comprehend all such part of Canada on the
north side of the River St. Lawrence, and all such parts of Nova
Scotia, New England, and New York, on the south side, as lie
within the above–mentioned limits, and to be called the Province
of Quebec. His Majesty approves of their proposition of issuing
a proclamation to prohibit, for the present, any grant or settlement
within the bounds intended to be reserved for the Indians, and to
declare the encouragement which His Majesty will give to reduced
officers and soldiers who served in North America during the late
war, and are desirous of settling in the colonies. But he also thinks
that several other important objects may be provided for at the
same time, by extending the proclamation to the following purposes; viz., to make known the establishment and limits of the
four new colonies, and the additions made to the Governments of
Newfoundland, Nova Scotia, and Georgia; to declare the constitution of these, and the powers the governors will have of
granting lands within them; to prohibit private purchases of
lands from the Indians; to declare a free trade with the Indians,
under license, security, and proper regulations; and to empower
all military officers and agents for Indian Affairs within the
reserved lands to seize such criminals and fugitives as may take
refuge there, and to send them to be tried in any of the old colonies
(if it can be legally done), or else to that Government from which
they have escaped. Such proclamation to be prepared. Grants
are to be made only to such officers as have served in North
America during the late war, and to such private soldiers only as
have been or shall be disbanded in America, and are actually
residing there. The following quantities of land in any of the
colonies, upon the usual reservation of quit-rent after the expiration
of ten years, and upon sure terms of immediate settlement and
cultivation, are to be given; viz., to a field officer, 5,000 acres;
captain, 3,000; subaltern or staff officer, 2,000; non-commissioned
officer, 200; private, 50. Similar terms to officers of the navy who
served at the time of the reduction of Louisbourg and Quebec in
the late war. The plan upon which a free trade is to be carried
on with the Indians to be immediately prepared. If, upon experience and future information, it shall be found convenient and
practicable to give a commission to the Commander-in-Chief of
the Forces for the government of the interior, that is also to be
prepared. |
19 Sept.
Dom. Entry Bk., v. 22, p. 110. |
994. The Same to the Same. |
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Transmitting for their opinion the memorial of Col. James
Grant, Governor of East Florida, setting forth the expediency of
extending the northern boundary of that province as far as the
River St. Mary. |
19 Sept.
Scotland, v. 25, No. 98. |
995. Mr. J.S. Mackenzie to the Earl of Halifax. |
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Acknowledging the despatch informing him of his Lordship's
appointment to the office of Secretary of State for the Southern
Department, and that of the Earl of Sandwich to the Northern,
with whom he, Mr. Mackenzie, is to correspond.—Castle Menzies.
1 p. |
? 19 Sept.
Dom. Entry Bk., v. 22, p. 89. |
996. Sir Charles Cottrel Dormer to Mr. Weston. |
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When he went to see the Ambassador the latter did not say a
word about changing his house. As to the method, the Lord
Chamberlain does direct the lodging of these kind of people, but
the Master of the Ceremonies does not hire the lodgings. There is
a proper officer, the Gentleman Harbinger, for this duty. He, Sir
Charles, certainly did mention to the Lord Chamberlain, the Duke
of Devonshire, the late Tripoline's desire to remove from London
to Hammersmith; to which request his Grace consenting, a house
was taken by the proper officers, but he (Sir Charles) was not
concerned in it. Lord Halifax had, therefore, better direct him to
apply to the Lord Chamberlain. Will call on him to know the
reason, which, he dares swear, is a very trifling one. As to his
going away, as mentioned in Mr. Sedgwick's letter, these gentry
commonly like their quarters too well to be in a hurry. |
20 Sept.
Dom. Geo. III., pcl. 75, No. 45. |
997. Mr. C. Jenkinson to Richard Phelps, Esq. |
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His Majesty has appointed commissioners to inspect into,
examine, and state all unsatisfied claims and demands in any way
relating to the expenses of the late war in Germany. Asks that
Lord Sandwich will give notice of the appointment of these commissioners to the foreign ministers of those states which may be
interested, residing here. All claims must be sent in on or before
31 Dec. next. The examination of the claims of subjects of those
countries where any British magazines have been seized will be
postponed, until the reasons for such acts of violence shall have
been explained and compensation made.—Treasury Chambers. 3 pp. |
20 Sept.
Dom. Entry Bk., v. 22, p. 91. |
998. Earl of Halifax to the Lords of the Treasury. |
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Requesting that the enclosed letter from Col. Lambart, in the
Island of Minorca, setting forth the great distress to which the
garrison is in danger of being reduced for want of money, may be
attended to. |
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Copy of Col. Lambart's letter. |
21 Sept.
Dom. Entry Bk., v. 22, pp. 93–100. |
999. The Same to the Same. |
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Informing them (in order that immediate steps may be taken)
that James Grant, Esq., Governor of East Florida, has expressed
his apprehensions that the troops sent by Major General Keppel in
July last to take possession of Mobile, Pensacola, and St. Augustin,
will be reduced to the greatest distress for want of provisions,
unless some means for relieving them are speedily employed. It
appears by Major General Keppel's instructions to the commanding officers of these troops (copies whereof are enclosed) that the
two regiments sent to Mobile were to be supplied with provisions
by Rear Admiral Keppel at Jamaica, and therefore the quantity
they received is uncertain, and that the other two regiments sent
to St. Augustin and Pensacola will have found at the latter place
but six months' provisions; from which it would appear that these
apprehensions are but too well founded. |
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Entries of the instructions to Lieut. Col. Prevost, of the 60th, or
Royal American Foot, to Major Farmer, of the 34th Regiment,
destined for Mobile, and to Major Ogilvie, of the 9th Regiment,
or the officer commanding the corps destined for Florida. |
22 Sept.
Admiralty, pcl. 151, No. 9 a to d. |
1000. Mr. Php. Stephens to the Rt. Hon. Edward Weston. |
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Enclosing copies of the orders given, in consequence of Lord
Egremont's letter of the 16th of April ult., to the commanders-in-chief
of H.M.'s ships at Jamaica and the Leeward Islands, upon the
complaint of several French ships having been seized in the West
Indies, though provided with passports. Their Lordships have
not received any answer thereto. A few days after the date of
those orders, two letters were received from Rear Admiral Keppel,
commanding H.M.'s ships at Jamaica, stating that his cruisers had
carried two French vessels into Jamaica, upon some suspicion of
fraud in regard to their passes, but that he immediately caused
them to be released. Extracts from the said letters were sent to
Lord Egremont; and he, Mr. Stephens, encloses the like extracts,
for the information of Lord Halifax. |
|
The enclosures. 5 pp. and 2 halves. |
22 Sept.
Criml. Papers, 1761–7, v. 11, p. 108. |
1001. Daniel MacDonald. |
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Report of the Attorney General on the case of Daniel McDonald,
late boatswain of H.M.S. "Foudroyant," who, charged at Martinique
with the murder of William Sampey, late a soldier in the 76th
Regiment, and tried by court-martial, but respited till His Majesty's
pleasure should be known, has been brought to England in the
"Aquilon" frigate. As the proceedings may possibly be questioned,
it is proposed to bring the prisoner before Lord Mansfield by
Habeas corpus for his Lordship's directions; but several favourable
circumstances having been represented to the King, it has been
thought reasonable to release the prisoner from imprisonment,
should the law admit thereof; in which case he, the Attorney
General, is to consent on the part of the Crown; but in case the
law shall not admit of his being so discharged, then to report what
other legal proceedings may be most advisable. Is of opinion that
the proceedings against the prisoner are null and void, he not
being the object of the jurisdiction of a land court-martial. The
proper method would have been to have sent the prisoner home
for trial by a special commission under stat. 33 Hen. 8. c. 23; but
after the proceedings which have taken place, and the evidence
given, from which it appears that the offence was a most favourable case of manslaughter, which would have entitled the party
to the statutable pardon of burning in the hand, he thinks it
advisable to grant a special pardon. The judges of King's Bench
are extremely tender of bailing in any case of homicide; and as
the Lord Chief Justice can only judge of this matter upon the
return of the Habeas corpus, from which it must appear that the
prisoner has been tried by a court-martial and sent home in
vinculis, his Lordship must conclude that he has been convicted.
And, therefore, although the proceedings may in law be void, yet
he may think such a precognition of the offence sufficient to induce
him in his discretion not to bail the prisoner, especially as he cannot regularly look into the proceedings on this occasion. In
general it is the ordinary rule not to pardon offences of homicide
committed within the realm, without a trial; but where the offence
has been committed abroad, and a special commission must issue under
the Great Seal to try the party, His Majesty will judge whether
the party is not a proper object of mercy before such commission
is granted. |
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The Earl of Halifax's letter referring the case is entered in
Criminal Papers, vol. 11, p. 105. |
22 Sept.
Ireland, v. 428, No. 6 a, b. and No. 7. |
1002. Mr. G. W. Hamilton to Rt. Hon. Edward Weston. |
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The Lord Lieutenant sailed from Holyhead yesterday morning,
and arrived in the Bay late last night. This morning he landed
and was sworn Lord Lieutenant. Encloses a more particular
account to be inserted in the London Gazette.—Dublin Castle. |
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The enclosure. |
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Draft of the acknowledgment of the above from Mr. Weston.
2½ pp. |
23 Sept.
Circular Bk., 1761–1786, p. 8. |
1003. The Earl of Sandwich to Sir Jos. Yorke, Messrs.
Mitchell, Stanhope, Cressener, and Woodford. |
|
Commissioners have been appointed to examine into the demands
of foreign princes, &c., as to their troops in the pay of Great Britain,
&c., and will receive them not later than 31st Dec. The claims
of the subjects of such countries as have seized the magazines belonging to Great Britain will not be entertained until the reasons of
such violent acts be explained, and compensation made. |
23 Sept.
Dom. Entry Bk., v. 22, pp. 100–1 |
1004. Mr. Thomas Whately to Mr. Weston. |
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To inform Lord Halifax that the Treasury have directed Sir
Jeffery Amherst to take proper measures to supply the troops in
East Florida with provisions for a twelvemonth. |
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Same to Same. A contract has been made with Messrs. Amyand
and Linwood to remit money to the garrison at Minorca. |
27 Sept.
Circular Bk., 1761–1786, p. 11. |
1005. The Earl of Sandwich to Mr. Cressener. |
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Claims on Great Britain, on account of the late war in Germany,
if not exhibited before the 31st of December, will not be attended
to, however presented. |
27 Sept.
Dom. Geo. III., v. 1, No. 12 a, b, c. |
1006. — to the Master General of the Ordnance. |
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Enclosing a copy of a letter from Col. Melville, H.M.'s Governor
General of the Islands of Grenada, the Grenadines, Dominica, St.
Vincent, and Tobago, proposing that an engineer or engineers be
appointed for constructing the necessary barracks, hospitals, and
batteries in those islands, and that one or two companies of the
Royal Regiment of Artillery, or some other suitable detachment,
be sent there, with the necessary artillery and ordnance stores, of
which a list is also enclosed. Requests his opinion and estimates of
the expense. A draft. |
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The original documents referred to. The letter is also entered
in Ordnance Entry Book, 1760–76, p. 201. 8½ pp. |
27 Sept.
Dom. Entry Bk., v. 22, p. 101. |
1007. Earl of Halifax to the Lords of Trade. |
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Enclosing lists of cases which have arisen in the Island of
Grenada, relative to the seizure of effects in the hands of the French
inhabitants, and the forfeiture, sale, or escheatage of lands there,
upon some of which cases application for redress has been made by
the French Ambassador, and upon others of which Lieutenant
Governor Scott has desired instructions. Directs them to report
their opinion, with the advice of the Attorney or Advocate General
as to the general rules which may be established for these and
similar cases in the future. |
|
The lists referred to. |
27 Sept.
Dom. Entry Bk., v. 22, p. 105. |
1008. The Same to the Same. |
|
Directing them to draw up a commission and instructions for
Montagu Wilmot, Esq., appointed by the King to be Captain
General and Governor-in-Chief of Nova Scotia or Acadia, in
America. In the commission the Islands of Cape Breton or Isle
Roiale, and St. John's, are to be included, and such alterations to
be made in the extent of the Government of Nova Scotia as are
proposed in their Lordships' representation of June 8th last. |
27 Sept.
Dom. Entry Bk., v. 22, p. 111. |
1009. The Same to the Same. |
|
Enclosing for their opinion the memorial of Robert Trail, Esq.,
of Portsmouth, in the province of New Hampshire, praying, on
behalf of himself and of Samuel Cutt, of the same province, a
compensation for the loss of their private property in the Island
of Miquelon, by the cession of that island to France. |
27 Sept.
Ireland, v. 428, No. 8. |
1010. Earl of Northumberland (Lord Lieutenant of Ireland) to the Earl of Halifax. |
|
Relative to his arrival, and other matters. The Lords Justices
have made the most ample, and, to all appearances, the most
cordial declaration of their resolution of giving a firm and unreserved support to His Majesty's government. They have also
unanimously, and in the strongest forms, expressed their satisfaction
at the return of Mr. Hamilton in the same post as he filled under
his Lordship. Has apprized Lord Charlemont of his promotion to
the dignity of an earl in reward of his services. As soon as
Mr. Coote arrives in Dublin, His Majesty's intentions shall be
communicated to him.—Dublin Castle. 4½ pp. |
27 Sept.
War Office, pcl. 23, No. 5. |
1011. Messrs. George Amyand and Nicholas Linwood to
Thomas Whately, Esq. |
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Relative to remittance of money for pay of the troops at Minorca.—London. 1½pp. |
28 Sept.
Ordnance, v. 5. |
1012. Marquess of Granby to the Earl of Halifax. |
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Transmitting the report of the Board of Ordnance relative to the
ordnance and stores taken at Belleisle, and returning the lists,
inventory, and returns sent for their information. |
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The papers referred to. The inventories exchanged by the
English and French officers after the surrender of the citadel of
Belleisle were not formed from any actual survey, but were
hastily drawn up and signed. They, therefore, caused a list of all
the artillery and stores demanded by France (over and above what
is already delivered) to be drawn out and translated into English;
and against each article they have made such remarks as, they
hope, will be satisfactory. It appears by the return of the French
commissary (copy enclosed) that upon the British quitting the
island, he received barrack bedding to the amount of 1,277l. 2s. 6d.,
and only paid in cash 338l. 13s. 0d. There remains, therefore, due
from France, 938l. 9s. 6d. 28 pp. and 4 halves. |
29 Sept.
Criml. Papers, v. 11, 1761–7, p. 107. |
1013. Earl of Halifax to Philip Carteret Webb, Esq. |
|
Directing him to pass a free pardon under the Great Seal for
Daniel McDonald, late boatswain of H.M.S. "Foudroyant," accused
of murder or manslaughter; and to pay the fees of the same out
of H.M.'s service money. |
29 Sept.
Irel. Entry Bk., 1761–70, p. 27. |
1014. Mr. E. Weston to Mr. Secretary Hamilton. |
|
Has received his letter communicating the Lord Lieutenant's
safe arrival in Dublin on the 22nd inst., and will insert the particulars in the next London Gazette. |
30 Sept.
Circular Bk., 1761–1786, p. 12. |
1015. Mr. Richard Phelps, for the Earl of Sandwich, to
Sir Joseph Yorke. |
|
Claims on Great Britain on account of the late war in Germany,
if not exhibited before the 31st of December, will not be attended
to, however presented. |
—Sept.
Dom. Entry Bk., v. 22, p. 105. |
1016. Earl of Halifax to the Postmaster General. |
|
Charles Lloyd, Esq., omitted in a previous list, is to have free
postage, like the other persons employed in his Lordship's office. |
