Journal, January 1761: Volume 68

Journal, January 1761

fo. 86.

Wednesday, January 7. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Eliot.

Miscellanies.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office from the 10th to the 25th October, 1760, amounting in the whole to one hundred and twenty eight pounds, fourteen shillings and six pence; and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and under officers in the service of the Board for the same time, was signed.

Georgia.

fo. 87.

Read a letter from Mr. West, Secretary to the Lords of the Treasury, to Mr. Pownall, dated this day, signifying that the Chancellor of the Exchequer had received his Majesty's commands, that this Board should prepare and lay before the House of Commons an estimate of the civil establishment of Georgia from Midsummer, 1760, to Midsummer, 1761.

Ordered, that the estimate be accordingly prepared; and that the agent for the affairs of the colony be directed to attend the Board on Friday next.

Nova Scotia.

Read a letter from Benjamin Green, Esquire, Treasurer of Nova Scotia, to the Secretary, dated 19th October, 1760, inclosing,
fo. 88.
Estimate of the civil establishment of Nova Scotia, for the year 1761.
Abstract of the state of the civil establishment of Nova Scotia, in the year 1759.

Georgia.

South Carolina.

Read the following letters received from the Governor and Lieutenant Governor of Georgia, and the Lieutenant Governor of South Carolina, viz.
Letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated 20th October, 1760, containing an account of Indian affairs.
fo. 89.
Letters from James Wright, Esquire, Lieutenant Governor of Georgia, to the Board, dated 23rd October, 1760, acquainting their lordships with his arrival, with the apparent danger the province is in and the necessity of speedy succour.
Letter from William Bull, Esquire, Lieutenant Governor of South Carolina, to the Board, dated 21st October, 1760, with a postscript of the 29th, concerning hostilities lately committed by the Cherokees.
Letter from Lieutenant Governor Bull to the Board, dated 18th November, 1760, containing account of the offers of the Choctaws to enter into alliance with the English; of the intrigues of the French to prevent the Cherokees making peace with us; and of Mr. Bull's plan of offensive war.

fo. 90.

Ordered, that copies be made of the postscript and letter from the Lieutenant Governor of South Carolina, and an extract of so much of that from the Governor of Georgia, as relates to the state of the province in respect to the Indian war, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to him thereupon be prepared.

Georgia.

Read a letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated 27th June, 1760, containing a full account of his proceedings in the execution of his late Majesty's instruction of 9th February last, respecting the sale of certain lands and islands, and the accommodation of all matters in dispute with the Bosomworths, and inclosing,
Mrs. Bosomworth's case, with respect to her services, losses, expences and demands.
fo. 91.
Mrs. Bosomworth's account of services performed, sums disbursed and received.
Copies of deeds executed by Henry Ellis, Esquire, and Thomas and Mary Bosomworth, for the final accomodation of all matters in dispute with them.
Governor Ellis's account of money received by the sale of certain lands and islands.

Read a petition of Pickering Robinson, Esquire, setting forth his claim to certain lands in Georgia, which are included in the tract lately sold, for making satisfaction to the Bosomworths, and praying relief.

Ordered, that the above-mentioned letter and papers be taken into further consideration tomorrow morning.

fo. 92.

The Secretary laid before the Board the following papers received from the Province of Georgia, viz.
Minutes of Council from 5th June to 24th July, 1759.
Fifteen Acts passed in April, May and June, 1760.

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

Thursday, January 8. Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper.

Nova Scotia.

fo. 93.

The Secretary laid before the Board a memorial prepared by the agent for Nova Scotia to be presented to the Lords Commissioners of the Treasury, praying that the sum of four thousand, four hundred and twenty five pounds, four shillings and nine pence may be issued to him to discharge certain demands on account of the civil establishment of that colony; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury, for their lordships' directions upon it.

Georgia.

fo. 94.

Their lordships then took into further consideration the letter and papers received from the Governor of Georgia, containing an account of his proceedings in reference to the sale of certain islands and lands in the Colony of Georgia, ceded to his Majesty by the Indians, and to the satisfaction made out of the produce of the said sale to the Reverend Mr. Bosomworth and Mary, his wife, for services alleged by them to have been performed, and in consideration of their claims of right to the said islands and lands; and the said letter and papers having been again read, their lordships took into consideration the Order of the Lords of the Committee of Council of the 20th of December, 1759, referring the petition of Isaac Levi and his agents, respecting the claims of the said Isaac Levi to a moiety of the said islands and lands together with the Board's proceeding and resolution thereon the 29th of January, 1760; and after some time spent therein, on it was ordered that the said agents of Isaac Levi should have notice to attend the Board on Wednesday next.

fo. 95.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that the property of that part of the said Indian lands, which lyes between the Town of Savannah and Pipemaker's Creek, be confirmed by grants of the Crown to such persons as are in actual possession thereof under grants or allotments from the late Trustees.

fo. 96.

Their lordships took into consideration an Act passed in the Colony of Georgia in 1759, intituled, an Act for establishing the titles of the several inhabitants of this province to their respective lands and tenements, together with Sir Matthew Lamb's report thereupon; and the Secretary having acquainted the Board, that Mr. Hamersley, solicitor for certain persons, who conceive themselves to be injured in their property by the said law, had desired to be heard thereupon, it was ordered that the said Act should be taken into further consideration on Thursday next, the 15th instant; and that Mr. Hamersley should have notice to attend on that day.

Georgia.

South Carolina.

The draught of a letter to Mr. Secretary Pitt, with copies of a letter and postscript of a letter from the Lieutenant Governor of South Carolina, and the extract of a letter from the Governor of Georgia, respecting the state of Indian affairs in those provinces, having been prepared pursuant to order, was agreed to, transcribed and signed.

fo. 97.

Friday, January 9. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Georgia.

The Secretary laid before the Board the draught of an estimate of the expences of the civil establishment of Georgia from Midsummer, 1760, to Midsummer, 1761, prepared pursuant to order; and Mr. Martyn, agent for the affairs of the Settlement, attending without, was called in; and after some conversation had with him upon several articles of the said estimate, their lordships agreed to the draught; and it was ordered to be transcribed; and Mr. Hamilton was desired to present it to the House of Commons.

fo. 98.

Tuesday, January 13. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Georgia.

The draught of a representation to his Majesty, proposing that the property of that part of the Indian lands in the Province of Georgia, which lyes between the Town of Savannah and Pipemaker's Creek, be confirmed by grants of the Crown to such persons as are in actual possession thereof under grants or allotments from the late Trustees, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

fo. 99.

Read a letter from Mr. West, Secretary to the Lords of the Treasury, to Mr. Pownall, dated the 12th of January, 1761, signifying his Majesty's commands, that this Board should prepare and lay before the House of Commons an estimate of the charges of maintaining and supporting the settlement of his Majesty's Colony of Nova Scotia for the year 1761; and the said estimate having been prepared accordingly, was agreed to, and ordered to be transcribed; and Mr. Hamilton was desired to present it to the House of Commons.

Wednesday, January 14. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot.

Georgia.

fo. 100.

The Secretary having acquainted the Board, that Mr. Whiteside, one of the agents for Isaac Levi, whose petition relative to his claim to a moiety of certain lands in Georgia, was to have been considered this day, had signified to him, that Mr. le Breton, the other agent, and who was principally concerned in this affair, and possessed of the most material papers, was abroad in Jersey, their lordships agreed to postpone the consideration of this affair till Mr. le Breton's return.

Nova Scotia.

The Secretary laid before the Board the following Orders of the House of Commons, viz.
"Martis 13^o die Januarii, 1761.

fo. 101.

"Ordered,
"That there be laid before this House an account of the money paid, and charges incurred, by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia, from the first of January, 1759, to the 31st of December following.

"Ordered,
"That there be laid before this House an account of the money paid, and charges incurred by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia, from the first of January, 1760, to the 31st of December following.

J. Dyson
Cl. Dom. Com."

Nova Scotia.

fo. 102.

Whereupon Mr. Hamilton was desired to report to the House of Commons, that these orders cannot at present be complyed with, by reason the proper officers in the said colony have not transmitted any account of the expenditure, or any vouchers for the payment of money for the years 1759 and 1760; but that as soon as the accounts and vouchers shall have been received, the accounts shall be made up with all possible dispatch, and laid before the House.

Read a memorial of Robert Sanderson, Esquire, late Speaker of the Assembly of Nova Scotia, specifying the several grievances and abuses in the administration of government there, which have come to his knowledge.

fo. 103.

Ordered, that the said memorial be taken into further consideration on Tuesday next, and that notice be given to Mr. Sanderson to attend the Board on that day.

Thursday, January 15. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Georgia.

fo. 104.

fo. 105.

Their lordships took into further consideration an Act passed in the Colony of Georgia in 1759, intituled, an Act for establishing and confirming the titles of the several inhabitants of this province to their respective lands and tenements; and several of the Proprietors of certain lands in Georgia held under a purchase made of the Earl Granville, one of the late Lords Proprietors of Carolina, attending without, with Mr. Hamersley, their solicitor, they were called in; and Mr. Hamersley having stated to their lordships the nature of the claims of the said Proprietors and the various measures they had taken from time to time for ascertaining and asserting their rights to the said lands, and shewed that the intention of this law was, and the effect would be, to deprive them of those rights and that property in a most unjust and illegal manner; their lordships, upon full consideration of what had been offered, declared it to be their opinion, that this Act appeared upon the face of it to be unjust and irregular; but as they were not fully apprized of the grounds and motives, which might have induced the passing it, they proposed that it should lye by for further consideration, when the Governor of Georgia, who is upon his passage home, should arrive; to which the gentlemen present declared they had no objection, and then they withdrew.

Friday, January 16. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Nova Scotia.

fo. 106.

Their lordships took into consideration several parts of Mr. Sanderson's memorial, specifying grievances and irregularities in the administration of the government of Nova Scotia; and Mr. Mauger, lately arrived from that colony, and whose name is mentioned in the said memorial, was examined as to several facts stated therein.

Ordered, that the further consideration of this memorial, appointed for Tuesday next, be postponed to Wednesday, the 21st instant.

Massachusetts.

The Secretary laid before the Board the following paper received from the Province of Massachusets Bay, viz.
Minutes of Council from 15th November, 1759, to 23rd May, 1760.

fo. 107.

Wednesday, January 21. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Nova Scotia.

fo. 108.

fo. 109.

Their lordships, pursuant to the minutes of the 16th instant, took into further consideration the memorial of Mr. Sanderson, late Speaker of the Lower House of Assembly of the Province of Nova Scotia; and Mr. Sanderson attending without, was called in; and having informed their lordships, that he did not present his memorial as an accusation or matter of complaint made by him in his own person against any officers or persons in the government of Nova Scotia; but as containing facts respecting the government of that province, which he had collected and thrown together at the request and for the information of the Board; the memorial was read article by article; and their lordships having heard what Mr. Sanderson had to offer thereupon, and also examined Captain Taggart of the Province Snow Halifax, lately arrived from Halifax, as to several facts stated in the said memorial with respect to the Province sloops and vessels, and to the granting out the lands appropriated for a common for the use of the inhabitants of Halifax, Mr. Sanderson presented a paper containing the names of several persons and the titles of several papers, to which he referred for proof of the several facts stated in each article of his memorial; and then Mr. Sanderson being withdrawn, their lordships agreed to take this memorial into further consideration tomorrow morning, and Mr. Sanderson was desired to attend.

Nova Scotia.

Thursday, January 22. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.

fo. 110.

fo. 111.

Their lordships took Mr. Sanderson's memorial into further consideration; and Mr. Sanderson attending without, was called in, and acquainted, that the Board had very fully considered each article of his memorial; and that it appeared to their lordships, that the facts stated in some of these articles had reference merely either to injuries and injustice received by particular persons in their liberty and property, in which cases this Board could give no redress, or to complaints of misconduct in the Governor, who, being dead, could neither defend himself, if innocent, or be punished, if guilty; and therefore that an examination into these facts could neither tend to the prosperity of the colony, to the publick œconomy in point of expence, to the redress of injuries, or to the punishment of the guilty, which were the great objects their lordships should have in view in the further consideration of this matter; and when it appeared, that all or any of these ends were in any degree attainable by an examination into the allegations of the memorial, their lordships would proceed in it with the utmost attention, and be glad to receive every light that could be produced either by the information of persons, or papers.

fo. 112.

Their lordships then stated very fully to Mr. Sanderson their observations upon each article, distinguishing what could and what could not, in their lordships' judgment, be proceeded upon by way of examination; observing however, that even in some of those cases, where an examination would not answer any of the above mentioned salutary purposes, yet it might be proper; and their lordships should think it their duty fully to inform the President of the Council of Nova Scotia with the representation, which had been made of injuries, partiality and oppression in the former administration, and to exhort him to exert his utmost endeavours to support the inhabitants of the colony in their just rights and possessions, and to take care, that justice was duly and impartially administered in all cases whatever.

fo. 113.

Mr. Sanderson was then acquainted, that the articles of the memorial, which their lordships thought proper to enter into an examination of, were the 7th, 13th, 14th, 15th, 16th, 17th and 18th, and that their lordships should proceed therein on Wednesday next, the 28th instant [postponed, vide Nova Scotia Entry F. fol. 19], when he was desired to attend; and the Secretary was ordered to summon the several persons referred to by Mr. Sanderson for proof of the facts stated in those articles.

Friday, January 23. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.

Nova Scotia.

Read the following letter and papers received from the President of the Council and Commander in Chief of the Province of Nova Scotia, viz.
fo. 114.
Letter from Jonathan Belcher, Esquire, dated December 12th, 1760, giving the Board an account of the progress made in the new townships and other matters relative to the intended settlements, and recommending one Mary Webb, a convict, to mercy.
State of the expence for the new settlements and roads.
State of the new settlements in Nova Scotia, 1760.
Measures proposed for the further progress of the settlements in Nova Scotia.
Account of expences incurred for transportation, etc. of settlers into the Province of Nova Scotia.
Letter from Mr. Gerrish, Commissary for Indian Commerce, to the Hon. Jonathan Belcher, Esquire, President of the Council and Commander in Chief of Nova Scotia.
Invoice of sundrys for supply of the Indians, November 17th, 1760.
fo. 115.
Account current, relating to Indian commerce of Nova Scotia, November 17th, 1760.
Account current, relating to Indian commerce of Nova Scotia, 29th November, 1760.
Abstract of the supplies to the truckhouses; of the receipts therefrom; and the balances due, December 5th, 1760.
Records of the Council of Nova Scotia between the 22nd of April, 1760, and the 12th of November following.
Minutes of the Council in General Assembly from 8th September to the 27th of the same month, 1760.
Votes of the House of Assembly from 8th to 27th September, 1760.
Twenty Acts passed in the Province of Nova Scotia on 27th September, 1760.

fo. 116.

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