Journal, April 1763: Volume 70

Journal, April 1763

fo. 114.

Tuesday, April 12. Present:—Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Nova Scotia.

Mr. McNutt attending without, was called in, and delivered to the Board a memorial, accompanyed with two letters from several members of the Council of Nova Scotia to Governor Ellis, relating to his proceedings in the introduction of settlers into Nova Scotia and to the obstruction given to his plan by the Lieutenant Governor; and the said memorial having been read, and Mr. McNutt being heard in what he had to offer upon it, he withdrew, and it was agreed to take this affair into further consideration at another opportunity.

Jamaica.

Read a memorial of Henry Moore, Esquire, Lieutenant Governor of Jamaica, relative to a dispute between himself and Governor Lyttelton, respecting the salary before the Governor's arrival.

fo. 115.

Ordered, that the said memorial be taken into further consideration on Friday next, and that Mr. Moore be desired to attend.

North Carolina.

Their lordships directed that the order of the Lords of the Committee of Council, referring an extract of a letter from the Governor of North Carolina, proposing an alteration in his instructions relative to the lands granted to Murry Crimble and James Huey and their associates, which order was appointed to be taken into consideration tomorrow, be taken into consideration at some other opportunity.

fo. 116.

Tuesday, April 26. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell.

Miscellanies.

A new Commission under the Great Seal of Great Britain, bearing date the 23rd day of April, 1763, constituting and appointing the Right Honourable the Earl of Shelburne, Soame Jenyns, Edward Eliot, Edward Bacon, the Honourable John Yorke, and George Rice, Esquires, and the Right Honourable Francis, Lord Orwell, and Bamber Gascoyne, Esquire, to be his Majesty's Commissioners for Promoting the Trade of this Kingdom, and for inspecting and improving his Majesty's Foreign Colonies, was opened and read; as were also the Orders of his late and present Majesty in Council of the 11th of March, 1752, and 15th of May, 1761, and the letter of his Majesty's Secretary of State to this Board, dated the 30th of March, 1752, explaining the first of these orders.

Trade.

fo. 117.

Several clauses in the Acts of Parliament of the 23rd, 25th and 26th of his late Majesty, for extending and improving the trade to Africa and the Levant Seas, were also read.

Miscellanies.

Their lordships agreed to meet on Tuesdays, Wednesdays and Fridays.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office, from the 5th of January to the 5th of April, 1763, amounting in the whole to four hundred, ninety nine pounds, eighteen shillings; 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 this Board, was signed.

Plantations General.

fo. 118.

Ordered, that the draught of a Circular Letter be prepared to the Governors and Commanders in Chief of his Majesty's established colonies in America, notifying to them their lordships' appointment, and inclosing copys of the Order in Council of the 11th of March, 1752, and 15th of May, 1761, respecting their correspondence with this Board, and also copys of the explanatory letters of the Secretary of State to this Board and to the said Governors, which accompained the first of the said orders, and the instruction given to the said Governors in consequence thereof.

Read a letter from the Earl of Egremont, one of his Majesty's Principal Secretaries of State, dated the 20th of April, 1763, signifying the King's commands, that this Board should give the necessary directions for the due observance of a day of thanksgiving in the colonies for the happy conclusion of peace; and the draught of a circular letter to the Governors and Commanders in Chief of the respective colonies, in obedience to the said orders, having been accordingly prepared, was agreed to and ordered to be transcribed.

Nova Scotia.

fo. 119.

Their lordships took into consideration the draught of a report to the Lords of the Committee of Council for Plantation Affairs, concerning Mr. Alexander McNutt's plan for the introduction of settlers into Nova Scotia from the North of Ireland, and also the draught of an additional instruction to the Governor of that province thereupon, which had been under the consideration of the late Commissioners; and Mr. McNutt attending without was called in, and several questions having been asked him relative to the execution of his plan, and the quantity of land he expects as a compensation for the loss and trouble he alleges he has been at on account of his first engagement not having been confirmed, he withdrew; and the draught of the report and additional instruction was agreed to, with some alterations, and ordered to be transcribed.

Connecticut.

fo. 120.

Their lordships then took into consideration the draught of a report prepared by the late Commissioners to be made to the Lords of the Committee of Council for Plantation Affairs, concerning the settlement made by some persons from the Colony of Connecticut at Wyoming upon the Delaware River in Pennsylvania; and the said draught having been agreed to, with some alterations, was ordered to be transcribed.

Massachusetts.

Nova Scotia.

The Secretary laid before the Board two orders of his Majesty in Council, the one repealing an Act passed in the Province of the Massachusets Bay in 1762, the other confirming two Acts passed in the Province of Nova Scotia in 1759 and 1761; and, the said orders having been read, the Secretary was directed to transmit them to the respective Governors of those provinces, with copies of the Board's reports upon the said Acts.

Georgia.

Read an Order of his Majesty in Council of the 16th of March, 1763, directing the removal of William Grover, Esquire, from the offices of Chief Justice and one of the Council of Georgia.

fo. 121.

Wednesday, April 27. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Rice, Lord Orwell.

Plantations General.

The draught of a Circular Letter to the Governors of his Majesty's established colonies in America, notifying the appointment of the present Board, and inclosing copies of the several Orders in Council, instructions and letters of the Secretary of State, respecting the correspondence, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Nova Scotia.

fo. 122.

Connecticut.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs, with the draught of an additional instruction to the Governor of Nova Scotia, respecting Mr. McNutt's plan for the introduction of settlers into Nova Scotia from the North of Ireland, having been transcribed pursuant to order, was signed; as was also a report to their lordships upon the measures to be taken for breaking up the settlement made by the Connecticut people at Wyoming.

Nova Scotia.

Their lordships took into consideration a representation made to his Majesty by the late Board on the 19th of March last, respecting the establishment of the Council of Nova Scotia, which representation had been returned to the office from the Council; and, after some time spent in the consideration of this affair, a representation to his Majesty was signed, proposing that the following twelve persons may be established members of his Majesty's Council in Nova Scotia, viz., Jonathan Belcher, Benjamin Green, John Collier, Charles Morris, Richard Bulkley, Joseph Gerrish, Alexander Grant, Edmund Crawley, Henry Newton, Michael Franklyn, William Nesbitt and Sebastian Zouberbuller, Esquires.

fo. 123.

Jamaica.

Ordered, that Mr. Moore's memorial, mentioned in the minutes of the 12th instant, be taken into consideration on Friday morning, and that notice be given to Mr. Moore to attend.

North Carolina.

Ordered, that the Order of the Lords of the Committee of Council for Plantation Affairs, mentioned in the minutes of the 23rd of March last, referring to this Board an extract of a letter from the Governor of North Carolina, concerning the 74th article of his instructions relative to the lands granted in 1737 to Murry Crimble and James Huey, be taken into consideration on Friday morning, and that notice be given to Mr. McCulloch, who appears to be concerned in interest in those lands, to attend.

Nova Scotia.

Read a petition of Jacques Robins, praying for a grant of land at Mira-michi in Nova Scotia.

Ordered, that the said petition do lye by for further consideration at another opportunity.

fo. 124.

Plantations General.

Ordered, that the Secretary do write a letter to his Majesty's Attorney General, desiring his opinion, as soon as conveniently may be, whether aliens are capable, as the laws now stand, of acquiring a property in lands in America, either by purchase or grant from the Crown.

Massachusetts.

Read a letter from Francis Bernard, Esquire, Governor of the Massachusets Bay, dated the 19th of February, 1763, desiring the Board's directions upon a claim of the Surveyor General of the Customs to appoint deputies, by which he conceives the effect and intention of the 25th article of his instructions concerning the filling up vacancies in the offices of the Customs in the absence of the Surveyor General, may be set aside.

Plantations General.

fo. 125.

Ordered, that the Secretary do write to the Commissioners of his Majesty's Customs, to know, whether the Surveyors General of the Customs in America have any power by their Commission, or any authority or directions from that Board, or from the Lords of the Treasury, to appoint deputies.

Georgia.

The Secretary laid before the Board a memorial prepared by the agent for Georgia to be presented to the Lords Commissioners of the Treasury, praying that the money granted by Parliament for the service of that colony may be issued to him in like manner, as has been usual in the case of former grants; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of his Majesty's Treasury, for their directions upon it.

Trade.

Africa.

Read the following papers received from the Committee of the Company of Merchants trading to Africa, viz.
Copy of a letter from Charles Bell, Esquire, to the Committee of the Company of Merchants trading to Africa, dated Cape Coast Castle, August 20th, 1762.
fo. 126.
Copy of a letter from the Committee of the Company of Merchants trading to Africa, to Charles Bell, Esquire, Governor, and the Council of Cape Coast Castle, dated 28th February, 1763.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated the 18th of January, 1763, acquainting the Board with the death of Mr. Payne, Chief Justice of the Island of St. Christopher's, and that he had appointed Mr. Craister Greatheed to succeed him.

Ordered, that an extract be made of so much of the said letter as relates to Mr. Payne's death, and the appointment of Mr. Greatheed, to be communicated to the Earl of Egremont, and that a letter to his Lordship inclosing it be prepared.

fo. 127.

Friday, April 29. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Miscellanies.

Mr. Gascoyne attended and took his seat at the Board.

Leeward Islands.

The draught of a letter to the Earl of Egremont, inclosing the extract of one from the Governor of the Leeward Islands, notifying the death of Mr. Payne, Chief Justice of St. Christopher's, having been prepared pursuant to order, was approved, transcribed and signed.

Plantations General.

The draughts of Circular Letters to the Governors of his Majesty's colonies and plantations in America, notifying their lordships' appointment, and directing a day of thanksgiving to be observed in the said colonies on the happy conclusion of peace, having been transcribed pursuant to order, were signed.

fo. 128.

Jamaica.

Their lordships took into consideration Mr. Moore's memorial, mentioned in the minutes of the 12th instant, and Mr. Moore attending as desired, was called in, and, after some conversation had with him upon the subject matter of the said memorial, he withdrew; and a letter to the Governor of Jamaica, inclosing a copy of the said memorial, and desiring information upon the several facts therein set forth, was agreed to and signed.

North Carolina.

fo. 129.

Their lordships then took into consideration the order of the Lords of the Committee of Council for Plantation Affairs, referring to this Board, for their consideration and opinion, and extract of a letter from the Governor of North Carolina, concerning the lands granted to Murry Crimble and James Huey in 1737; and Mr. McCulloch, concerned in interest in the said lands, attending as desired, he was called in; and their lordships having had some conversation with him upon the subject matter of the Governor's letter, he withdrew; and it was ordered, that the draught of a report to the Lords of the Committee of Council should be prepared.

Newfoundland.

Read a memorial of the merchants and traders to Newfoundland, praying that the Board would give directions for an enquiry to be made into the amount and extent of the losses sustained by the invasion and landing of the French on that island in the last year.

Their lordships, upon consideration of the said memorial, did not think it adviseable for them to give any directions upon it, a petition to the like effect having been presented to Parliament in the last session and rejected.

Virginia.

Read the following letters and papers received from the Lieutenant Governor of Virginia, viz.
Letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated January 10th, 1763, containing his observations upon a Bill, declaring slaves to be personal estate, and desiring directions thereupon, also inclosing,
Inrolled Bill entituled an Act for declaring slaves to be personal estate.
fo. 130.
Reasons offered in support of a Bill entituled an Act declaring slaves to be personal estate and for other purposes.
Address of the House of Burgesses to Lieutenant Governor Fauquier, containing their reason for not complying with his request to continue the regiment, and his answer thereto.
Letter from Lieutenant Governor Fauquier, dated the 12th January, 1763, giving the Board an account of his proceedings relative to the insult offered to Don Pedro Bermudez, and inclosing,
Proceedings against the rioters at Portsmouth.
Copy of several letters from Don Pedro Bermudez to Mr. Fauquier relative to the riot at Portsmouth.
Copy of a letter from Lieutenant Governor Fauquier to Mr. Stewart, signifying the Council's approbation of his conduct towards Don Pedro Bermudez, etc.
Copy of a letter from Mr. Fauquier to Don Pedro Bermudez, dated 20th December, 1762.
fo. 131.
Copy of two letters from Mr. Stewart to Lieutenant Governor Fauquier, dated November 25th and December 2nd, 1762, respecting his proceedings in the affair of Don Pedro Bermudez, etc.
Letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated 12th March, 1763, transmitting two Acts, and containing his observations thereupon, as also his reason for assenting to the Act for relief of insolvent debtors etc., without a suspending clause.

Ordered, that the Acts transmitted with Mr. Fauquier's letter of the 13th of March, be referred to Sir Mathew Lamb for his opinion in point of law, and that the Secretary do communicate to him the Lieutenant Governor's observations upon them.

Ordered, that the draught of a letter to Mr. Fauquier, in answer to those from him, and containing the Board's opinion and directions upon the Bill for declaring slaves to be personal estate, be prepared.