Journal, December 1761: Volume 68

Journal, December 1761

fo. 384.

Tuesday, December 1. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Leeward Islands.

The draught of a letter to the Earl of Egremont, one of his Majesty's Principal Secretaries of State, desiring him to move his Majesty, that the Attorney General of the Leeward Islands, may have his Majesty's leave to come to Europe for twelve months, to be computed from the 1st of June next, having been prepared pursuant to order, was agreed to, transcribed and signed.

Plantations General.

New York.

fo. 385.

Read an Order of his Majesty in Council of the 23rd ult., approving a representation of this Board upon such parts of the letters, lately received from the Lieutenant Governor of New York, as relate to the passing Patents for lands upon the Mohawk River, and to the granting judges' Commissions during good behaviour, and directing the Board to prepare draughts of instructions, upon the first of these points, to the Governors of the Several colonies upon the Continent of North America; and, upon the second point, to the Governors of all his Majesty's islands, as well as the colonies upon the Continent.

The draught of instructions having been prepared conformable to the said order, were approved, and it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Trade.

Africa.

The Secretary laid before the Board the following paper received from the Committee of the Company of Merchants trading to Africa, viz.
fo. 386.
Copy of a letter from the Committee of the Company of Merchants trading to Africa, to the Governor and Council of Cape Coast Castle, dated the 21st of November, 1761.

Nova Scotia.

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, October 20, 1761, transmitting,
Estimate of the charge of supporting and maintaining the civil establishment of his Majesty's Colony of Nova Scotia, 1762.

Jamaica.

fo. 387.

Their lordships then took into further consideration the Acts passed in the Island of Jamaica in October, November and December, 1760, together with Sir Mathew Lamb's report thereupon; and it appearing to their lordships, that by the Act for "making provision for the additional subsistence to his Majesty's troops stationed in that island," a large proportion of the duty, thereby imposed upon the importation of negroes, was to be paid by the importer, contrary to the express directions of his Majesty's instructions, and that the "Act to oblige the Provost Marshall to discharge all writs of execution and venditioni upon a proper discharge produced to him," might greatly affect the interest of the person holding the said office under his Majesty's Letters Patent; it was ordered, that the said Acts should be considered on Friday, the 11th instant, and that the Secretary should give notice to the agent and also to the patentee of the Office of Provost Marshall to attend on that day.

fo. 388.

It also appeared to their lordships, that the "Act obliging the inhabitants to provide themselves with a sufficient number of white persons or to pay a certain sum in case of deficiency" was contrary to his Majesty's instructions, in as much as it taxed absentees in a greater proportion than residents; but the Secretary having informed the Board, that a petition had been presented to his Majesty in Council by the planters and proprietors of lands in Jamaica residing here, complaining of such taxation, their lordships did not think proper to enter into further consideration of this matter untill his Majesty's pleasure should be known upon the said petition.

fo. 389.

Wednesday, December 2. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Rice.

Plantations General.

The draught of a representation to his Majesty, with draughts of instructions to the several Governors of his Majesty's American colonies, forbidding them to pass Patents for any lands which may interfere with the Indians bordering on the said colonies, and respecting the tenure of the Commissions to be granted by the said Governors to the judges, having been prepared pursuant to order, was agreed to, transcribed and signed.

Virginia.

fo. 390.

Read Sir Mathew Lamb's report upon the question stated to him in reference to the Act passed in Virginia in 1759 "for imposing a duty upon negroes imported into the said colony from any other of the colonies."

Upon consideration whereof it was ordered, that the Act should lye by probationary, untill the further operation and effect of it should be known.

New York.

Read Sir Mathew Lamb's report upon a Bill passed by the Council and Assembly of New York, "to prevent disputes which may arise by the demise of the Crown."

Upon consideration whereof and of Sir Mathew Lamb's report, their lordships were of opinion, that this Bill was not proper to be passed into a law; and several minutes were taken of what it might be proper to observe upon it in the next letter which the Board should write to the Governor of New York.

fo. 391.

Jamaica.

Their lordships then took into consideration four Acts passed in the Island of Jamaica in April, 1761, together with Sir Mathew Lamb's report thereupon, and made some progress therein.

Thursday, December 3. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Jamaica.

fo. 392.

Their lordships took into further consideration four Acts passed in the Island of Jamaica in April, 1761, together with Sir Mathew Lamb's report upon them; and the Secretary acquainted the Board, that Mr. Eyres, sollicitor for some merchants trading to the Island of Jamaica, desired to be heard by his counsel upon the Act to explain and amend two several Acts of this island, one entitled an Act for giving license to the captors, other Proprietors and purchasers of prize goods brought into and condemned as such in this island, to export the same under certain regulations free from any duties imposed by the laws of this island, and for laying a duty on certain wines that may be brought in and condemned as prize and sold in this island and not already liable to any duty or impost; and the other, an Act entitled an Act to prohibit the importation of sugars, rum and molasses of the growth of the French, Spanish, Dutch and Danish colonies in America into this island, and for preventing several frauds committed by persons trading to and from the northern colonies.

fo. 393.

Whereupon it was ordered, that the said Act should be taken into further consideration on Wednesday, the 16th instant, and the Secretary was directed to acquaint Mr. Eyres and also Mr. Stanhope, agent for the island, therewith, and that their lordships will be ready on that day to hear any thing they may have to offer upon it.

It appearing to their lordships that the said Act contained a variety of regulations and provisions, prescribing duties to the several officers of his Majesty's Customs and imposing extraordinary penalties upon them for neglect of those duties, in reference to prize ships and goods, it was ordered, that the Secretary should transmit a copy of it to the Commissioners of his Majesty's Customs and desire the favor of their sentiments upon it.

fo. 394.

Barbados.

Their lordships then took into consideration five Acts passed in the Island of Barbados in July, 1760, and May, 1761, together with Sir Mathew Lamb's report thereupon; and the said report and Acts having been read and no objection appearing thereto, it was ordered, that they should lye by probationary, untill the further effect and operation of them should be known.

Montserrat.

fo. 395.

Their lordships then took into consideration two Acts passed in the Island of Montserrat in March and October, 1760, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read, it was ordered, that the Secretary should transmit a copy of the Act for imposing a duty on molasses, syrups and rum imported into this island, to the Commissioners of his Majesty's Customs and desire the favour of their opinion upon it, so far as regards the duty and oath thereby required of the officers of the Customs.

North Carolina.

The draught of a representation to his Majesty upon three Acts passed in the Province of North Carolina in May, 1760, for establishing courts of judicature, having been transcribed pursuant to order, was signed.

fo. 396.

Tuesday, December 10. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Miscellanies.

A Commission under the Great Seal of Great Britain, bearing date the 4th of December, 1761, constituting and appointing the Lord Chancellor and several other of the great officers of State now and for the time being, and also Samuel, Lord Sandys, Soame Jenyns, Edward Eliot, Edward Bacon, John Yorke, Esquires, Sir Edmond Thomas, baronet and George Rice, Esquire, together with John Roberts, Esquire, his Majesty's Commissioners for promoting the Trade, Manufactures and Colonies of Great Britain, was opened and read, and Mr. Roberts took his seat at the Board.

fo. 397.

South Carolina.

Read a letter from William Bull, Esquire, Lieutenant Governor of South Carolina, dated Charles Town, September 23rd, 1761, acquainting the Board, that preliminary articles for a general pacification with the Cherokee Indians had been agreed upon and signed that day by him and Attakullakulla, one of the Chiefs of the said Indians, and inclosing a copy of the said preliminary articles.

Ordered, that an extract be made of so much of the said letter as relates to these articles, and to the situation of the Province of South Carolina, in reference to the French settlements in Louisiana, and also a copy of the preliminary articles to be laid before his Majesty; and that the draught of a letter to the Earl of Egremont, one of his Majesty's Principal Secretaries of State, be prepared to accompany the said papers.

fo. 398.

St. Christopher's.

Their lordships took into consideration an Act passed in the Island of St. Christopher's in August, 1760, entituled, an Act for granting an aid to his Majesty by a duty or tax of two shillings current money per poll on all negroes and other slaves, and the further duty of two pounds in the hundred pounds on the yearly value of all houses, warehouses, shops and tenements in the several towns within the said island for repairing the forts and fortifications and defraying the other publick expences of the said island, together with Sir Mathew Lamb's report thereupon; and the said Act and report having been read, and no objection appearing to the Act, it was ordered, that it should lye by probationary, untill the further effect and operation of it should be known.

fo. 399.

Antigua.

Their lordships then took into consideration two Acts passed in the Island of Antigua in January, 1761, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read, and it appearing that one of the said Acts was for continuing an Act passed in that island in February, 1758, "for establishing courts of justice," which Act so continued had never been received; it was ordered, that the Secretary should write to the Governor of the Leeward Islands, desiring him to transmit an authentick copy thereof under the Seal by the first opportunity.

Trade.

Hudson's Bay.

fo. 400.

The Secretary acquainted the Board that the Hudson's Bay Company had transmitted to him copys of the proclamation of his present Majesty, prepared to be published within their territories in North America, with certificates thereto annexed of their having been accordingly published there on the 25th of August and 2nd of September last.

Friday, December 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Rice.

South Carolina.

The draught of a letter to the Earl of Egremont, one of his Majesty's Principal Secretaries of State, accompanying the copy of the preliminary articles for a general pacification with the Cherokee, Indians, agreed to and signed at Charles Town, South Carolina, and also an extract of Mr. Bull's letter containing an account of this transaction, having been prepared pursuant to order, was approved, transcribed and signed.

fo. 401.

Plantations General.

The Secretary laid before the Board instructions signed by his Majesty to the Governors of the several colonies and plantations in America, more immediately under his Majesty's government, relative to the granting of lands and to the tenure of the judges' Commissions; whereupon a letter to the Lieutenant Governor of New York, inclosing those instructions addressed to him, and also a copy of their lordships' representation to his Majesty, upon which the instructions were founded, and containing their lordships sentiments upon the Bill "for preventing disputes which may arise by the demise of the Crown," was approved and signed.

Ordered, that the Secretary do transmit the instructions addressed to the Governors of his Majesty's other colonies, to each of the said Governors respectively.

Plantations General.

fo. 402.

Ordered, that a copy of the Board's representation of the 11th of November last, be transmitted with each of the instructions to the Governors of Nova Scotia, New Hampshire, New York, Virginia, North Carolina, South Carolina and Georgia, and an extract of so much of it as relates to the tenure of the judges' commissions, with each of the instructions to the Governors of New Jersey, Barbados, Leeward Islands, Bermuda, Bahama and Jamaica.

North Carolina.

Ordered, that the Secretary do transmit to the Governor of North Carolina a certified copy of the Board's letter to him, signed by the late Commissioners on the 14th of August last.

Jamaica.

fo. 403.

Their lordships then took into consideration the Act passed in the Island of Jamaica in October, 1760, to oblige the Provost Marshall to discharge all writs of execution and venditioni upon a proper discharge produced to him, etc., etc.; and Mr. Aldworth, patentee of the Office of Provost Marshall, attending, with Mr. Eyres, his sollicitor, and also Mr. Stanhope, agent for the island, they were called in; and Mr. Aldworth moved the Board, that as this Act greatly affected his interests, he might be allowed to be heard by his counsel upon it, and that the further consideration of it might be postponed untill this day sennight, in order that he might be prepared for that purpose; and the agent for the island not making any objections thereto, it was agreed to by their lordships, and the parties respectively were ordered to attend on that day at 11 oclock.

fo. 404.

Mr. Aldworth being withdrawn, their lordships stated to Mr. Stanhope, that the Act passed in Jamaica in October, 1760, for providing for the additional subsistance to the officers of the regiment stationed there, appeared to them to be exceptionable, in as much as a large proportion of the duty thereby imposed upon negroes imported, was to be paid by the importer, which was a mode of taxation that had been disapproved of by the Crown and was, in their lordships' opinion, not consistent with good policy; whereupon Mr. Stanhope observed that the Act had not been transmitted to him, nor had he any instructions upon this point, but that he would inform his constituents of their lordships' objection to it.

fo. 405.

Their lordships then desired to be informed, whether Mr. Stanhope had any instruction to sollicit the confirmation of an Act passed in the said island at the same time, to enable certain persons to dispose of lands belonging to the Parish of St. Elizabeth, and to purchase other lands for the benefit of the said parish, which Act had a clause suspending it's execution untill his Majesty's pleasure should be further known; and Mr. Stanhope having said that he had no instruction in reference to this Act, he was ordered to withdraw, and it was agreed that the said Act should lye by, untill the persons interested therein should apply for its confirmation.

fo. 406.

Wednesday, December 16. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Jamaica.

The Secretary acquainted the Board that he was desired by Mr. Eyres to move their lordships that the further consideration of the Act of Jamaica, upon which he was to have been heard this day by his counsel, might be postponed to any day after the Christmas holidays, their lordships should think proper to appoint, his counsel being so engaged in other causes, that they could not attend before that time.

Resolved, that the further consideration of the said Act be postponed to Monday, 11th of January, and that the Secretary do give notice thereof to Mr. Eyres and also to Mr. Stanhope, agent for the island, and desire their punctual attendance on that day at 11 oclock.

fo. 407.

The Secretary likewise acquainted their lordships, that Mr. Aldworth had also desired him to move their lordships that the further consideration of the Jamaica Act, upon which he was to have been heard by his counsel on Friday next, may be appointed for some other time, as his counsel cannot attend on that day.

Resolved, that the further consideration of the said Act be postponed to Tuesday, the 12th of January, and that the Secretary do give notice thereof to Mr. Aldworth and also to Mr. Stanhope, and desire their punctual attendance on that day at 11 oclock.

fo. 408.

New Jersey.

Their lordships then took into consideration a letter from Mr. Boone, late Governor of New Jersey, mentioned in the minutes of the 11th of November last, acquainting the Board with the suspension of Mr. Antill from his seat in the Council of that province for non-attendance; and it was ordered that the draught of a representation to his Majesty should be prepared, proposing that the said suspension may be confirmed, and that John Stevens, Esquire, may be appointed of the said Council in the room of Mr. Antill.

Virginia.

fo. 409.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated August 29th, 1761, acquainting their lordships with the steps he had taken in consequence of a letter from the late Board, respecting the settlements upon Green Bryar and Canaway Rivers, and the prosecution of the captain of a privateer for his conduct in reference to two Spanish ships seized by him.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated October 12th, 1761, acquainting the Board with his return to that province from New York.

It appearing by Mr. Fauquier's letters that he had entrusted a box containing the publick papers of that province, to the captain of his Majesty's ship Assistance, which had been some time arrived from Virginia and was now at Spithead, it was ordered, that the Secretary should write to the said captain to desire that the said box may be sent up to their lordships' office as soon as possible.

fo. 410.

New York.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated October 21st, 1761, transmitting,
Copy of the affidavit of James Lamb, relative to John de Noyelles.
Captain Rutherford's information respecting John de Noyelles.
Copy of the report of the Committee of Council on the letter of April 14th from the Secretary of the Board of Trade, inclosing a copy of the petition of John de Noyelles.

Trade.

Africa.

The Secretary laid before the Board the following papers received from the Committee of the Company of Merchants trading to Africa, viz.
fo. 411.
Copy of a letter from Charles Bell, Esquire, to the Committee of the Company of Merchants trading to Africa, June 5th, 1761; Act of Council, May 16th, 1761; another; ditto, June the 1st, 1761; also of a letter from Charles Bell, Esquire, to the Committee, June 29th, 1761.

New Jersey.

Their lordships then took into consideration four Acts passed in the Colony of New Jersey in April, 1761, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that two of the said Acts entitled, an Act for obviating doubts respecting the Acts of Assembly passed last session, and for confirming the proceedings of the courts of justice in this province since the demise of his late Majesty, and an Act for relief of Francis Goelet, should be repealed; and several minutes were taken of the objections to which the said Acts appeared to be liable.

fo. 412.

Thursday, December 17. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Plantations General.

The Secretary laid before the Board the following Orders of his Majesty in Council, viz.
North Carolina.
Order of his Majesty in Council on the 14th of December, 1761, repealing three Acts passed in the Province of North Carolina in May, 1760, "for establishing courts of justice."
Order of his Majesty in Council on the same day, directing this Board to notify to the Governor of North Carolina, his Majesty's high displeasure at his conduct in the manner of passing the said laws.

fo. 413.

Ordered, that the first mentioned Order be transmitted to the Governor of North Carolina, and that the draught of a letter to him signifying his Majesty's displeasure in the manner directed in the last mentioned Order be prepared.

Nova Scotia.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated the 16th of December, 1761, signifying his Majesty's pleasure, that this Board do prepare and lay before the House of Commons, an estimate of the charge of supporting and maintaining the civil establishment of the Colony of Nova Scotia for the year 1762, pursuant to an address of that House to his Majesty.

fo. 414.

Whereupon their lordships took into consideration the estimate of what will be necessary for this service for the year 1762, transmitted with Mr. Belcher's letter of the 20th of October, 1761, mentioned in the minutes of the 1st instant, and having made some progress in the consideration of this affair, it was ordered, that the draught of an estimate should be prepared and laid before the Board at the next meeting.

Georgia.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated December 16th, 1761, notifying his Majesty's commands that this Board should prepare and lay before the House of Commons an estimate of the expences of the civil establishment of the Colony of Georgia between Midsummer, 1761, and Midsummer, 1762.

fo. 415.

Nova Scotia.

Ordered, that the draught of an estimate be prepared, conformable to that presented to the House of Commons the last year, to be laid before the Board at the next meeting.

Tuesday, December 22. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

New Jersey.

The draught of a representation to his Majesty, proposing that the suspension of Mr. Antill from his seat in the Council of New Jersey may be confirmed, and that Mr. Stevens may be appointed of the said Council in his room, having been prepared pursuant to order, was approved, transcribed and signed.

fo. 416.

The draught of a representation to his Majesty, proposing the repeal of two Acts passed in New Jersey in April, 1761, having been prepared pursuant to order, was approved, transcribed and signed.

North Carolina.

The draught of a letter to the Governor of North Carolina, transmitting his Majesty's Order in Council repealing three laws passed there in 1760, "for establishing courts of justice," and signifying his Majesty's high displeasure at the conduct of the said Governor in passing the said laws, having been prepared pursuant to order, was approved, transcribed and signed.

Nova Scotia.

fo. 417.

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 one thousand, six hundred and twenty five pounds may be issued to him out of the remainder of the grant of Parliament for the service of that colony for 1761, to enable him to discharge bills drawn upon him by the Lieutenant Governor and other demands relative to this service; 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.

Nova Scotia.

The Secretary laid before the Board the following estimates prepared pursuant to their lordships' order, viz.
Estimate of the expence of the civil establishment of Nova Scotia for the year 1762.
fo. 418.
Georgia.
Estimate of the expence of the civil establishment of Georgia between Midsummer, 1761, and Midsummer, 1762.

The said estimates having been agreed to, Mr. Bacon was desired to present them to the House of Commons pursuant to his Majesty's orders.

The Secretary then laid before the Board the following estimates of the disposition of the money granted by Parliament for the civil establishment of the Colony of Georgia from Midsummer, 1759, to Midsummer, 1761; and their lordships being of opinion that such disposition was necessary and proper, it was ordered, that the agent should present the said estimates to the Lords Commissioners of his Majesty's Treasury, for their lordships' directions upon them, viz.

fo. 419.

Estimate of the disposition of the money granted by Parliament for defraying the charges of the civil establishment of the colony of Georgia, and other incidental expences attending the same from Midsummer, 1759, to Midsummer, 1760.

fo. 420.

Estimate of the disposition of the money granted by Parliament for defraying the charges of the civil establishment of the Colony of Georgia and other incidental expences attending the same, from Midsummer, 1760, to Midsummer, 1761.