Journal, November 1758: Volume 65

Journal, November 1758

Wednesday, November 1. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

New Hampshire.

The draught of a representation to his Majesty with the extract of so much of a letter from the Governor of New Hampshire, as relates to the Assembly's refusal to make provision for the judges' salaries, having been transcribed pursuant to order, was signed.

Georgia.

The Secretary having acquainted the Board, that the presents, ordered by his Majesty to be delivered to the Creek Indians on the frontiers of Georgia, were put on board the ship Henrietta, Captain John Rains, which, with several other vessels, was bound to the provinces of Georgia and South Carolina under convoy of one or more ships of war, he was ordered to write to the Secretary to the Lords Commissioners of the Admiralty to desire he would move their lordships to give orders to the commander of such ship or ships of war to see the said vessel, having on board the presents, safe over the bar of Tybee in Georgia.

Plantations General.

Their lordships pursuant to the minutes of the 26th ultimo, took into further consideration the laws and regulations made for the preservation of his Majesty's woods, together with a state thereof, and of the several unwarrantable pretensions and constructions set up to evade their force and effect, and of what has been represented to be necessary to render them more effectual, prepared by the Secretary pursuant to order, and also a bill prepared [New England, bundle Bb. 151] and proposed to be offered to Parliament in 1736, for remedying the same; and after some time spent therein, the Secretary was ordered to send the said state and bill, together with such parts of the letters from Mr. Wentworth, [New Hampshire, bundle B.58. C. 4] Surveyor General of his Majesty's woods, mentioned in the minutes of the 25th ultimo, as relate to the abuses and defects of the laws for the preservation of the woods, to his Majesty's Attorney and Solicitor General, desiring them, in case they think the matters therein stated do require any additional or explanatory law, to consider, whether the aforementioned bill is properly adapted to the several matters complained of; if not, that they will add such clauses thereto, and make such alterations, as will in their opinion render it most effectual, and also operate as a remedy to the abuses and difficulties stated in the Surveyor General's letters; but if, upon a consideration of the whole, they are of opinion, that no additional or explanatory law is either necessary or proper, that they will report, what measures his Majesty may take, legally and consistently with the laws, to remove and remedy the said difficulties and abuses.

Newfoundland.

Their lordships then took into consideration the state of the settlements, trade and fishery of his Majesty's Island of Newfoundland, together with an account of the number of ships cleared out from the several ports and places in this Kingdom for that Island, and of those employed in the fishery there, and of the said fishery for the years 1713, 1714, 1715, 1716, 1717 and 1749, 1750, 1751, 1752 and 1753, prepared by the Secretary pursuant to order; and after some time spent therein, agreed further to consider thereof on Friday morning.

Friday, November 3. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Plantations General.

The Secretary laid before the Board the following copies of Orders in Council received from the Clerk of the Council in waiting:—
Trade.
Copy of an Order in Council, dated 11th January, 1757, approving an additional instruction to enjoin all commanders of private ships of war to abstain from acts of hostility against the ships of the French King's subjects in the Gulf of Naples during the present war, provided the French subjects do observe the orders given them to the same effect.
North Carolina.
Copy of an Order in Council, dated 4th February, 1757, approving a warrant to appoint Richard Spaight, Esquire, to be one of the Council in North Carolina.
Leeward Islands.
Copy of an Order in Council, dated 4th February, 1757, approving a warrant to appoint Craister Greathead, Esquire, a Councillor in the Island of St. Christopher's.
Barbados.
Copy of an Order in Council, dated 4th February, 1757, approving a representation of this Board proposing the confirmation of an Act passed in Barbados in January, 1756, for the sale of the estate of Benjamin Charnock, etc.
Copy of an Order in Council, dated 4th February, 1757, approving a warrant to appoint Abraham Comberbatch a Councillor in the Island of Barbados.
New York.
Copy of an Order in Council, dated 4th February, 1757, approving a representation of this Board proposing the confirmation of an Act passed in New York in July, 1756, for enabling the executors of Philip van Cortland to sell part of his estate to pay his debts.
Copy of an Order in Council, dated 16th February, 1757, permitting Sir Charles Hardy, Governor of New York, to resign his said government.
New Jersey.
Copy of an Order in Council, dated 16th February, 1757, approving a warrant to appoint William Aynsley, Esquire, Chief Justice of New Jersey.
Leeward Islands.
Copy of an Order in Council, dated 16th February, 1757, approving a warrant to appoint Thomas Walker, Esquire, Attorney General of the Leeward Islands.
Massachusets.
Copy of an Order in Council, dated 16th February, 1757, approving the draught of a Commission for Thomas Pownall, Esquire, to be Captain General and Governor in Chief of the province of the Massachusets Bay.
Copy of an Order in Council, dated 1st March, 1757, approving the general instructions and those relating to trade and navigation for Thomas Pownall, Esquire, Governor of the Massachusets Bay.
New Jersey.
Copy of an Order in Council, dated 1st March, 1757, approving a warrant to appoint Samuel Woodroffe, Esquire, to be one of the Council in New Jersey.
Newfoundland.
Copy of an Order in Council, dated 26th March, 1757, approving the draught of a Commission for Richard Edwards, Esquire, to be Governor of Newfoundland.
Copy of an Order in Council, dated 26th March, 1757, approving the draught of instructions for Richard Edwards, Esquire, Governor of Newfoundland.
New Hampshire.
Copy of an Order in Council, dated 1st April, 1757, upon a report of this Board on considering two petitions of the inhabitants of No. 4 and Hindsdale on Connecticut River, setting forth their weak and defenceless state.
Copy of an Order in Council, dated 8th July, 1757, approving a representation of this Board, proposing the confirmation of two Acts passed in New Hampshire in May, 1754, one to regulate Petit Jurors, the other for choosing Grand Jurors, etc.
New York.
Copy of an Order in Council, dated 9th August, 1757, empowering the inhabitants of the colony of New York, during his Majesty's pleasure, to export to St. Augustine such quantity of corn, etc., as may be necessary for the subsistence of the Spanish garrison there only.
Copy of an Order in Council, dated 6th December, 1757, approving warrants to appoint John Watts and William Walton, Esquires, Councillors in the province of New York.
South Carolina.
Copy of an Order in Council, dated 6th December, 1757, upon a representation of this Board, proposing that a skilful engineer might be sent to South Carolina for the better carrying on the fortifications of the said province.
Copy of an Order in Council, dated 6th December, 1757, approving a representation of this Board, proposing the suspension of William Wragg, Esquire, from his seat in the Council of South Carolina.
Leeward Islands.
Copy of an Order in Council, dated 6th December, 1757, approving a warrant for granting leave of absence to Gilbert Fleming, Esquire, Lieutenant Governor of the Island of St. Christopher's, from the said Island for the space of twelve months.
Copy of an Order in Council, dated 16th December, 1757, approving a warrant appointing James Thomas, Esquire, to be of the Council of St. Christopher's.
Copy of an Order in Council, dated 16th December, 1757, approving a warrant to appoint John Richardson Herbert, Esquire, a Councillor in Nevis.
Bahamas.
Copy of an Order in Council, dated 16th December, 1757, approving a warrant to appoint John Brown, Esquire, to be of the Council in the Bahama Islands.
Virginia.
Copy of an Order in Council, dated 27th January, 1758, approving a Commission appointing Francis Fauquier, Esquire, Lieutenant Governor of Virginia.
Copy of an Order in Council, dated 27th January, 1758, approving a representation of this Board proposing the confirmation of an Act passed in Virginia in December, 1753, to empower John Armistead, gentleman, to sell certain lands, etc.
South Carolina.
Copy of an Order in Council, dated 27th January, 1758, approving an Act passed in South Carolina in May, 1757, for incorporating the Winyah Indico Society.
Massachusets.
Copy of an Order in Council, dated the 27th January, 1758, approving a Commission appointing Thomas Hutchinson, Esquire, to be Lieutenant Governor of the province of the Massachusets Bay.
Copy of an Order in Council, dated 27th January, 1758, approving a warrant to appoint Andrew Oliver, Esquire, Secretary of the province of the Massachusets Bay.
New Jersey.
Copy of an Order in Council, dated 27th January, 1758, approving the draught of a Commission for Francis Bernard, Esquire, to be Governor of New Jersey.
Barbados.
Copy of an Order in Council, dated 27th January, 1758, approving a representation of this Board proposing the confirmation of an Act passed in Barbados in August, 1756, for raising a sum of money yearly to defray the expences of the government.
Jamaica.
Copy of an Order in Council, dated 27th January, 1758, approving a representation of this Board, proposing the confirmation of an Act passed in the Island of Jamaica in October, 1756, to entitle John, Stephen, Elizabeth, Richard and Robert Lost to the same privileges with English subjects born of white parents.
Copy of an Order in Council, dated 27th January, 1758, approving the draught of a Commission for George Haldane, Esquire, to be Governor of Jamaica.
Copy of an Order in Council, dated 24th February, 1758, upon a report of this Board on considering a petition from Lovell Stanhope, agent for the Island of Jamaica, praying that a reinforcement of troops may be sent to that Island.
Pennsylvania.
Read copy of an Order in Council, dated 8th July, 1758, approving an Act passed in Pennsylvania in September, 1756, for striking the sum of £30,000 in bills of credit, and giving the same to the King's use, etc.

Newfoundland.

Their lordships took into further consideration the state of the settlements, trade and fishery of his Majesty's Island of Newfoundland, and made a further progress therein.

Ordered, that the Secretary do prepare against the next meeting a state of the said fishery, and the number of ships, etc., employed therein, for the years 1754, 1755, 1756 and 1757.

Tuesday, November 7. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Plantations General.

Their lordships entered into further consideration of the laws for the preservation of his Majesty's woods in America, and into the abuses thereof stated in Mr. Wentworth's letter of the 15th of January last, and the draught of a letter to Mr. Wentworth upon that subject, and upon the subject of the other matters contained in his said letter, having been prepared, was approved, and ordered to be transcribed.

Newfoundland.

Their lordships then entered into a further consideration of the state of the settlements, trade and fishery of his Majesty's Island of Newfoundland; and after some time spent therein, ordered the Secretary to write to the Mayors of Exeter, Poole, Bristol, Barnstaple, Bideford, Dartmouth, Plymouth and Weymouth, to desire they would summon the merchants and others in those places concerned in the trade to Newfoundland, and let their lordships know whether that trade labours under any difficulties; and if so, what those difficulties are, with their proposals for a remedy, and whatever else they may think necessary for the better securing and extending thereof.

Bahamas.

Read an Order of his Majesty in Council, dated the 6th instant, approving William Shirley, Esquire, to be Governor of the Bahama Islands, and directing the draught of a Commission to be prepared, together with a warrant to prepare a bill for passing the same under the Great Seal, and also a draught of general instructions and of those relating to the observance of the laws of trade.

The draught of a Commission and of a warrant for preparing a bill to pass the Great Seal, having been prepared in the usual form, was approved; and a representation thereupon to his Majesty was signed.

Ordered, that draughts of the general instructions and of those relating to the observance of the laws of trade for the Governor of the Bahama Islands, be prepared with all possible dispatch.

Georgia.

North Carolina.

Leeward Islands.

New Hampshire.

Read Orders of his Majesty in Council, dated the 6th instant, approving of William Grover, Esquire, to be Chief Justice of the province of Georgia; Charles Berry, Esquire, to be Chief Justice of North Carolina; Thomas Warner, Esquire, to be Attorney General of the Leeward Islands; Webb Stone, Esquire, to be of the Council of Montserrat; and Mark Hunking Wentworth and James Nevin, Esquires, to be of the Council of New Hampshire; and directing warrants in the usual form to be prepared.

The said warrants having been prepared, were approved, and representations to his Majesty therewith, were signed.

Wednesday, November 8. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Plantations General.

Their lordships took into consideration the several laws passed for regulating the Plantation Trade, together with the representations which have been made from time to time of the defects and abuses of the said laws, and made some progress therein.

Thursday, November 9. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

New Hampshire.

The draught of a letter to Mr. Wentworth, Governor of New Hampshire, having been transcribed pursuant to the minutes of the 7th instant, was signed.

Plantations General.

Their lordships took into further consideration the several laws passed for regulating the Plantation Trade, together with the representations which have been made from time to time of the defects and abuses of the said laws; and after some time spent therein, the Secretary was directed to send copies of the several letters and representations, which their lordships have received respecting this matter, to the Secretary to the Commissioners of his Majesty's Customs, desiring that he would lay the same before the said Commissioners, and at the same time that he would move them to acquaint their lordships, whether any or what representations have at any time been made to them of any doubts and difficulties attending the execution of the said laws, or of any illegal practices set up to evade their force and effect; and if any such representations have been made, that they would take the same into consideration, together with the said letters and representations which their lordships have received respecting this matter, and report to them their opinion, so far as concerns his Majesty's revenue of Customs and Duties, whether the remedies therein proposed are properly adapted to the evils complained of, or what other methods it may be proper for his Majesty to take to remedy the said evils, and remove the doubts and difficulties attending the executions of these laws, upon which the welfare and advantage of the trade and commerce of this country so greatly depends.

Tuesday, November 14. Present:—Earl of Halifax, Mr. Oswald, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Nova Scotia.

Read a letter from Charles Lawrence, Esquire, Governor of Nova Scotia, to the Board, dated September 26th, 1758, relating to a new Assembly being chosen; containing his observations on the expences of the colony, and inclosing:—
Estimate of the charge of supporting and maintaining the settlement of his Majesty's colony of Nova Scotia for the year 1759.
Lists of ships and vessels that have entered inwards and cleared outwards in the Port of Halifax from the 1st of January to the 31st of December, 1757.

Massachusets.

Read a letter from Thomas Pownall, Esquire, Governor of the Massachusets Bay, dated September 12th, 1758, giving an account of the arrival of General Amherst at Boston with five battalions, in order to join General Abercrombie at Lake George, and of the measures he took to defeat an attempt made by the enemy upon the fort and settlements at George's.

Their lordships took into consideration the state of his Majesty's province of Massachusets Bay, more particularly with respect to the internal police and government thereof, so far as regards the proceedings of the Council and representatives in their legislative capacity; and after some time spent therein, ordered the draught of a letter to the Governor of the Massachusets Bay, in answer to such as have been received from him since the Board's last letter, to be prepared.

Wednesday, November 15. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Massachusets.

The draught of a letter to the Governor of the Massachusets Bay, in answer to several received from him, having been prepared pursuant to the minutes of yesterday, was agreed to, and ordered to be transcribed.

New York.

Read a letter from James Delancy, Esquire, Lieutenant Governor of New York, dated August 27th, 1758, transmitting the laws passed in that province in 1757 and 1758, with the Journals of the Council and Assembly, viz.:—
Minutes of the Council of New York from 3rd June, 1757, to 17th July, 1758.
Journal of the proceedings of the Council in Assembly at New York from 26th February, 1757, to 3rd June, 1758.
Votes and proceedings of the General Assembly of New York from 31st August, 1757, to 24th March, 1758.
List of laws transmitted.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

The Secretary reported to their lordships the several matters contained in those letters which have been received from the Lieutenant Governor of New York since the Board's last letter to him.

Read Sir Mathew Lamb's reports upon sixty-three Acts passed in the province of New York in the years 1755 and 1756.

Their lordships took the said Acts into consideration, and made some progress therein.

Ordered, that a representation be prepared, proposing that Josiah Martin and Oliver Delancy, Esquires, may be appointed of the Council of New York in the room of Joseph Murray and John Rutherford, Esquires.

Plantations General.

Ordered, that the Secretary do write to Sir Mathew Lamb, desiring him to report his opinion, as soon as conveniently may be, upon such plantation laws as have been referred to him and not yet reported upon.

Tuesday, November 21. Present:—Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Georgia.

Read the following letters and papers received from Henry Ellis, Esquire, Governor of Georgia, viz.:—
Letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated March 31st, 1758.
Letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated May 20th, 1758.
Letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated June 28th, 1758.
Letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated July 20th, 1758.
Copy of the minutes of Council from July 14th to October 4th, 1757.
Copy of the Journal of Assembly from January 11th to June 30th, 1758.
Ten Acts passed in 1757 and 1758.
Lists of ships and vessels entered and cleared at the Port of Savannah between July 6th and November 19th, 1757.

Ordered, that extracts be made of such parts of Mr. Ellis's letter of the 20th of May as relate to the state of the fortifications at Ogechee, Medway, Frederica, and upon Cumberland Island, and to the want of a proper establishment for the Rangers, kept on foot in that colony at his own private expence, to be transmitted to Mr. Secretary Pitt, and that the draught of a letter to him, inclosing the said extracts, be prepared.

Ordered, that the Secretary do transmit to the Secretary to the Lords Commissioners of the Admiralty an extract of so much of Mr. Ellis's letter of the 20th of July last, as relates to the inconvenience of the Port of Charles Town as a station for cruizers, and to the depredations of the enemy upon the coast of Georgia for want of proper protection from his Majesty's ships lately stationed there.

Their lordships then took into consideration such parts of Mr. Ellis's letters as relate to the claims of the Bosomworths in that colony, and the great prejudice and danger arising to his Majesty's service and the security of the colony from their intrigues with the Indians; and Mr. Clifton, Attorney General of that colony, lately arrived from thence, attending without, was called in; and being desired to give the Board an account of what he knew concerning the said claims and any proceeding had in the colony in respect thereto, he said, that upon the arrival of the Bosomworths from England, they presented a memorial to the Council stating their claims, and desiring that their lands might be confirmed to them by grants; that he being called upon by the Governor to consider and give his opinion upon this matter, he, upon perusal of the papers and of the opinion alleged by the Bosomworths to have been given in their favour by the Attorney General here, gave it as his opinion, that the matter should be determined in course of law agreeable to the resolution of this Board; that in consequence of this, the Bosomworths brought actions of ejectment against some persons in possession of part of those lands under allotments from the President and Assistants of the late Trustees, having previously entered caveats in the Council against any grants passing to such possessors; that being retained in behalf of the possessors against the claims of the Bosomworths, he moved to have such caveats discharged, but his motion was rejected; that apprehending there was a design in the Court to confirm Mr. Bosomworth's claims, he thought proper to delay the proceedings till Mr. Ellis's arrival, who, having entered upon a treaty with the Bosomworths for a compromise, they desisted from prosecuting the affair at law; that he apprehends the cause may be revived, and the whole question determined by appeal from the judgment of the Courts there.

Ordered, that notice be given to Mr. Grover, lately approved of by his Majesty to be Chief Justice of Georgia, to attend the Board to-morrow morning upon the subject matter of these claims and proceedings; and that the Attorney General do in the mean time acquaint him with all the circumstances relative thereto.

Mr. Clifton being withdrawn, their lordships read and considered an Act passed in the colony of Georgia in March last, intituled:—
An Act for limiting the time for persons claiming lands by virtue of warrants of survey, allotments, nominal titles, or possession derived from and under the late Honourable Trustees for establishing the colony of Georgia their President and Assistants or any others acting by or under their authority.
and after some time spent therein, ordered the said Act, together with six others received from the Governor of Georgia, to be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

Wednesday, November 22. Present:—Mr. Oswald, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Georgia.

The draught of a letter to Mr. Secretary Pitt, inclosing an extract of such parts of a letter from the Governor of Georgia of the 20th of May last, as relate to the state of the fortifications upon the southern frontier of that colony, and to the want of a proper establishment for the corps of Rangers kept on foot there at the Governor's own expence, having been prepared pursuant to order, was agreed to, transcribed and signed.

Their lordships took into further consideration such of Mr. Ellis's letters mentioned in yesterday's minutes, as relate to the claims of Mr. and Mrs. Bosomworth in the colony of Georgia; and after some time spent therein, Mr. Grover, approved of by his Majesty to be Chief Justice of Georgia, who was attending without pursuant to order, was called in, together with Mr. Clifton, the Attorney General, and Mr. Martyn, the agent; and Mr. Grover being asked his opinion upon the case of the said Bosomworths' claims, said, he apprehended that if the action of ejectment brought by Mr. Bosomworth was laid, the plaintiff would not be able to get over one or two difficulties; that upon perusal of the surrender of their lands to the Trustees by the Indians, and of their grant to Mr. Bosomworth, he observed that the former was subscribed by twelve Indians, and the latter only by seven; and that he apprehends the Indians could not convey the lands to Mrs. Bosomworth, as they had by the surrender to the Trustees of these lands only reserved to themselves a special property in them; that he thought it would not be proper to compromise this matter with them, as proposed by Mr. Ellis, because in case of a trial in the Courts, such compromise might have an influence with the jury, by inducing them to believe, that the Crown did not think its right a good one.

Mr. Grover then acquainted their lordships, that having had an opportunity of perusing the laws passed in the colony of Georgia since the establishment of it under the government of the Crown, he found them in general very defective and improper, and in particular two Acts passed in 1756, the one for declaring and establishing the method of drawing and summoning Jurors in the province of Georgia and the other for the better regulation of the Courts of Request: that by the first of these Acts all suitors in the Courts and their attorneys would know for a long time before the trial of their causes, who were to be upon the jury, which might give opportunity of corrupting such jury; that the manner of electing the jury was subject to great fraud and abuse; and that an oath was to be taken by the Chief Justice to observe that particular law, which he apprehends to be altogether new and improper, and seemed to imply a design in a Chief Justice to pack juries; that the other Act made all causes to the value of ten pounds sterling triable by justices of the peace without juries, and declares such causes shall not be tried in any other Court, which takes away the jurisdiction of his Majesty's Courts, to which there is no appeal, except in particular cases; and that upon the whole, he thought both these laws very improper to be confirmed.

The gentlemen being withdrawn, their lordships made a further progress in the consideration of the claims of Mr. and Mrs. Bosomworth.

The agent for Georgia having acquainted the Board, that the Governor had in his letter to him desired, that the following utensils for the new filature might be sent to him, viz.:—
A pair of large deep copper scales, with a beam, with the proper weights.
Nineteen large oval copper basons.
Twelve brass skimmers.
An ink standish.
Twelve pounds of large brass wire;
their lordships gave him directions to procure the same; and agreed that the charge thereof should be paid out of the balance remaining in the agent's hands of the sums granted by Parliament for the encouragement of the silk culture for the years 1753 and 1754, and applicable by their lordships to the service of the colony under a warrant of the Lords Justices of the 29th of July, 1755. Their lordships likewise agreed that the expence of freight and insurance of the goods for presents to the Indians should be defrayed out of the said balance.

Massachusets.

The Secretary laid before the Board thirty Acts passed in the Massachusets Bay colony in 1758, received from the Secretary of the said colony; and their lordships ordered the said Acts to be delivered to the Clerk of his Majesty's Council in waiting.

Pennsylvania.

Read an Order of Lords of the Committee of Council for Plantation Affairs, dated November 14th, 1758, referring seven Acts passed in the province of Pennsylvania in 1756, 1757 and 1758, to this Board, and directing them to examine into the same, and report their opinion thereupon.

Ordered, that the said Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

Trade.

East Indies.

Read an Order of the Lords of the Committee of Council, dated November 14th, 1758, referring to this Board, for their consideration and report, an account of the East India Company's exports from the 29th of September, 1757, to the 29th of September, 1758.

New York.

The draught of a representation to his Majesty, proposing that Josiah Martin and Oliver Delancy, Esquires, may be appointed of the Council of New York in the room of Joseph Murray and John Rutherford, Esquires, deceased, having been prepared, pursuant to the minutes of the 13th instant, was agreed to, transcribed and signed.

Massachusets.

The draught of a letter to Thomas Pownall, Esquire, Governor of the Massachusets Bay, in answer to several received from him, having been transcribed pursuant to the minutes of the 15th instant, was signed.

Friday, November 24. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Georgia.

Their lordships took into further consideration the claims of Mr. and Mrs. Bosomworth to lands in Georgia; and after some time spent therein, a letter to the Governor upon this subject, and upon the subject of the other matters contained in his letters to the Board of the 31st of March, 10th of May, 28th of June and 20th of July last, was agreed to and signed.

Trade.

Turkey.

The Earl of Halifax communicated to the Board an Order made at a general Court of the Turkey Company on the 14th instant, against carrying French cloth or other woollen manufactures of France to Turkey; which Order had been communicated to his lordship by some members of the said Company.

Resolved, that the said paper be taken into consideration on Wednesday next, the 29th instant, and that the Secretary do write to the Governor or Deputy Governor of the said Company to desire his attendance on that day, with any other members of the Company; and that in the mean time he would, if he has no objection thereto, transmit to the Board a state of such information as the Company has received of any French cloths carried to Turkey by any of his Majesty's subjects.

New Hampshire.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 14th instant, approving a representation of this Board to his Majesty, respecting the Assembly of New Hampshire having refused to make provision for the judges' salaries, and directing that the draught of an additional instruction to the Governor thereupon should be prepared; and the draught of an additional instruction having been accordingly prepared, was agreed to, and a report thereupon to the Lords of the Committee of Council was signed.

Pennsylvania.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 22nd of November, 1758, referring an Act passed in Pennsylvania the 22nd of April, 1758, and directing this Board to report their opinion thereupon.

Ordered, that the said Act be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

Tuesday, November 28. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Georgia.

The Secretary having acquainted the Board that the warrant appointing William Grover, Esquire, Chief Justice of Georgia, was signed yesterday by his Majesty, he was ordered to give notice thereof to Mr. Grover, and at the same time to signify to him, that their lordships think it for his Majesty's service, that he should take his passage for Georgia in the ships now ready to depart.

Trade.

Turkey.

Read a letter to the Board from the Deputy Governor of the Turkey Company, dated November 27th, 1758, in answer to one from the Secretary dated the 24th, and enclosing extracts of entries of French cloth received by the Right Worshipful Levant Company from their treasurers in Turkey.

The Order made by the said Company on the 14th instant, against carrying French cloth or other woollen manufactures of France to Turkey, mentioned in the minutes of Friday last, was now read and considered, together with the Charter of the said Company, and other papers relative thereto.

Georgia.

Read a letter from Mr. Grover to the Secretary, acquainting him that he shall obey their lordships' commands as to his departure for Georgia, and desiring their directions concerning the appointment of the officers of the Courts in which he is to preside, and the commencement of his salary.

Ordered, that the Secretary do acquaint Mr. Grover, that the manner of appointing the officers of the Courts, in which he is to preside, must depend upon what has been the usage in like cases in other colonies; and that it is not within the power and department of this Board to give any directions as to the commencement of his salary, the money granted by Parliament for the service of Georgia, out of which that salary is to be paid, being under the disposal and direction of the Lords Commissioners of the Treasury.

The Earl of Halifax having acquainted the Board that Mr. Ellis, Governor of Georgia, had in a private letter to him represented, that his health was greatly impaired by the heat of the climate in that country, it was ordered that the draught of a representation to his Majesty should be prepared, proposing that he may have the like liberty of going to the northern colonies for the recovery of his health, in case he should find it necessary, as is given by his Majesty's instructions to the Governors of his Majesty's Islands of Barbados, Leeward Islands and Jamaica.

Wednesday, November 29. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton, Mr. Sloper.

Georgia.

The draught of a representation to his Majesty, proposing that Henry Ellis, Esquire, Governor of Georgia, may have the like liberty of going to the northern colonies for the recovery of his health, in case he should find it necessary, as is given by his Majesty's instructions to the Governors of his Majesty's Islands of Barbados, Leeward Islands and Jamaica, having been prepared pursuant to the preceding minutes, was agreed to, transcribed and signed.

Trade.

Turkey.

Their lordships, pursuant to the minutes of the 24th instant, took into further consideration the Order made at a General Court of the Turkey Company on the 14th instant against carrying French cloths or other woollen manufactures of France to Turkey, mentioned in the said minutes; and several of the members of the said Company attending without, they were called in, and their lordships, after having signified to them the occasion of their being desired to attend, enquired of them what effect the stagnation of the French trade to Turkey, as well in the last war as in this, might have had to increase ours, and were answered that during the last war the French trade to Turkey received very little check or obstruction; that the obstruction given to it now did operate very little to increase ours, inasmuch as the French had laid in a considerable stock of cloths in Turkey before the war broke out, and as they now continue to send them in neutral ships; that the advanced charges upon our cloths in time of war amounting to 18 per cent., operated to lessen their consumption. Being further asked whether they thought themselves impowered to levy the penalties stated in their Order in case of a breach of it, and what methods they could take in case any person refused to take the affirmation or having taken it falsified it, they answered that no such cases had ever yet occurred, and some of them were of opinion that doubts might arise as to their power of levying penalties, others alleging that as the Charter had been confirmed by Parliament there could not be any doubt of the power to levy the penalties; they all agreed however that in case of a refusal of the oath all they could do would be to levy the broke; that the oaths and affirmations were most religiously observed, and that there never had been, and they hoped there never would be any instance of their being falsified; being asked whether they apprehended they had a right to disfranchise any member in case of breach of their Orders or for any other offence, they said they apprehended they had not.

Their lordships then acquainted them that all they could now do was to approve the zeal of the Company in taking such early measures to put a stop as far as lay within their power to a trade so inconsistent with the national honor and interest; that this Board apprehended itself precluded from giving any opinion now upon the Order they had made by the regulations of the Act passed in the 26th of his present Majesty, for enlarging and regulating the trade into the Levant seas, by which it is enacted that if any of the Company shall be dissatisfied with any Order of the general Court, they may under certain regulations and limitations appeal to this Board which is impowered and directed to hear such appeal, and to annull or confirm such Order; that it might therefore so happen that an appeal may be made against this Order, and in that case the giving an opinion upon it now would in their lordships' apprehension be inconsistent with the intention of the Act of Parliament and a prejudging of the case.

Georgia.

The members of the Company being withdrawn their lordships took into consideration an Order of the Lords of the Committee of Council of the 10th of September, 1755, mentioned in the minutes of 6th of November following, referring the memorial of Mrs. Bosomworth, styling herself rightfull and natural born Princess of the Upper and Lower Creek Nations of Indians, praying a reimbursement of expences incurred, and a reward for services performed by her in Georgia in the time of the late Trustees; and after some time spent therein, ordered the draught of a report thereupon to the Lords of the Committee of Council for Plantation Affairs to be prepared.

The Secretary laid before the Board a paper communicated to him by the agent for Georgia containing extracts of several letters to the said agent from the Governor of Georgia, representing the necessity of having an additional sailing boat established for the service of that colony; which paper was read, and the Secretary was ordered to send a copy of it to the Secretary to the Lords Commissioners of the Treasury, desiring him to lay it before their lordships, to the end that they may, in case their lordships approve thereof, give such directions thereupon as they think proper.