Journal, February 1772: Volume 79

Journal, February 1772

Saturday, February 1. Present:— Mr. Jenyns, Mr. Roberts, Lord Greville.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Nova Scotia, Georgia, East Florida, West Florida, Senegambia, Plantations General.

East Florida.

fo. 10.

Their lordships took into consideration estimates of the sums which will be necessary for the further support of the civil establishments of Nova Scotia, Georgia, East Florida, West Florida, and Senegambia; as also for general Surveys of his Majesty's dominions in America; and a memorial of Governor Grant, stating the necessity of an allowance upon the estimate of East Florida of one thousand pounds for presents for the Indians, having been read, their lordships had some discourse with the Governor thereupon; as also with the agent for the affairs of the said colony upon the state of his accounts; after which their lordships had also discourse with the agents for the affairs of Georgia and West Florida upon the state of their accounts and of the estimates for those colonies.

Georgia.

The draught of a letter to the President of the Council of Georgia on the subject of two laws of the said colony passed in the year 1770, and objected to by Mr. Jackson, having been prepared pursuant to order, was approved, transcribed and signed.

fo. 11.

Newfoundland.

New York.

The draught of a report to the Lords of the Committee of Council upon Mr. Milner's petition, complaining of his being dispossessed of a fishing post in Newfoundland, having been prepared pursuant to order, was approved, transcribed and signed; as was also a report to their lordships upon the petition of Mr. Remsen and his associates for a confirmation of a purchase of lands in New York made from the Indians in 1766.

Africa.

The draught of a letter to the Earl of Suffolk, inclosing to him, for his Majesty's information, an extract of a letter from the Governor of Cape Coast Castle to the Committee of the Company of Merchants trading to Africa, having been prepared pursuant to order, was approved, transcribed and signed.

fo. 12.

Georgia.

Plantations General.

The draught of an additional instruction to the Governor of Georgia, forbidding him to assent to any law or ordinance for the appointment of any persons to executive offices of government, having been prepared pursuant to order, was approved; as were also draughts of additional instructions to the Governors of his Majesty's colonies in America, forbidding them to assent to laws for the attachment of the goods, chattels and credit of absentees for the recovery of debts, otherwise than is allowed by law in this kingdom, and representations to his Majesty, accompanying the said draughts, were signed.

fo. 13.

Wednesday, February 5. Present:—Mr. Jenyns, Mr. Roberts, Lord Robert Spencer.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Nova Scotia, Georgia, East Florida, West Florida, Senegambia, Plantations General.

Their lordships took into consideration draughts of estimates of the sums which will be necessary for the further support of the civil establishments of Nova Scotia, Georgia, East Florida, West Florida, and Senegambia; as also for general Surveys of his Majesty's dominions in America; and Mr. Francklin, Lieutenant Governor of Nova Scotia, attending, their lordships had some discourse with him upon the subject of the estimate for that province.

fo. 14.

The several estimates abovementioned having been agreed to, Mr. Jenyns was desired to present them to the House of Commons, pursuant to his Majesty's commands; and it was ordered, that the Secretary do transmit to the Treasury copies of the said estimates, with a paper noting the particulars wherein they differ from the estimates for the like services for the last year.

Nova Scotia.

Read a letter from Lord William Campbell, Governor of Nova Scotia, to the Board, dated September 16th, 1771, relative to their lordships' letter to him respecting the excise granted by an Act of that province on tea, coffee and playing cards imported.

Their lordships, upon consideration of what is stated by Lord William Campbell, respecting the excise duties above mentioned, were of opinion, that the directions, contained in their letter to his Lordship of the 22nd of May last, ought to be adhered to, and it was ordered, that a copy of the said letter should be delivered to Lieutenant Governor Francklin.

fo. 15.

Their lordships read and considered twenty two Acts passed in the province of Nova Scotia in June and July, 1771, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that two of the said laws may be disallowed, vizt.
An Act intituled an Act in further addition to an Act made in the 32nd year of his late Majesty's reign intituled an Act relating to treasons and felonies.
An Act in addition to an Act made in the 32nd year of his late Majesty's reign intituled an Act relating to wills, legacies and executors, and for the settlement and distribution of the estates of intestates.

fo. 16.

Thursday, February 6. Present:—Mr. Jenyns, Mr. Roberts, Lord Robert Spencer.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Plantations General.

Their lordships, pursuant to the minutes of the 30th of last month, took into consideration the Earl of Rochford's petition, praying for a grant of the islands in the bay and river of Delaware, and Mr. Wilmot, agent for the Proprietaries of Pennsylvania, attending, stated to their lordships that both the said Proprietaries were at present in so very bad state of health as to be unable to give any attention to a matter of so much importance to their rights, and therefore he moved their lordships that they might be allowed further time to consider of the steps it might be proper for them to take on this occasion.

fo. 17.

Mr. Wilmot also moved their lordships on behalf of the said Proprietaries for a copy of Lord Rochford's petition.

No person appearing on the behalf of Lord Rochford, it was agreed, that Mr. Wilmot's motions should be taken into consideration on Thursday next, and it was ordered, that inquiry should be made, whether any person is appointed by Lord Rochford to appear as his agent, and, if so, that notice thereof should be given to him of the above resolution.

Newfoundland.

fo. 18.

Read a letter from the Earl of Rochford, one of his Majesty's principal Secretaries of State, inclosing a memorial of the Court of France complaining of their fishing shaloops belonging to the islands St. Pierre and Miquelon being forcibly obstructed in their fishery between those islands and Newfoundland, and stating their claim of a right by treaty to carry on their fishery there, and signifying his Majesty's commands, that this Board should take the said memorial into consideration and report their opinion to his Majesty thereupon.

Ordered, that Lord Rochford's letter and the memorial inclosed therein be taken into consideration tomorrow morning, and that Governor Byron be desired to attend.

Plantations General.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated January 10th, 1772, referring to this Board, for their consideration and report, the petition of the Earl of Eglintoune, and William Taylor and Montfort Browne, Esquires, to his Majesty, relative to the expediency of making a settlement on the Mississippi.

fo. 19.

Nova Scotia.

The draught of a representation to his Majesty, proposing the disallowance of two laws passed in the colony of Nova Scotia in June and July, 1771, having been prepared pursuant to order, was approved and ordered to be transcribed.

Friday, February 7. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Roberts, Lord Greville.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Newfoundland.

fo. 20.

Their lordships, pursuant to the minutes of yesterday, took into consideration the reference from the Earl of Rochford of the memorial of the Court of France, complaining of obstruction to their fishery in Newfoundland, and Governor Byron attending, their lordships had some discourse with him on the subject matter thereof.

Governor Byron being withdrawn, it was ordered, that the draught of a representation to his Majesty should be prepared.

Thursday, February 13. Present:—Mr. Jenyns, Mr. Roberts, Lord Greville.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Miscellanies.

fo. 21.

A Commission under the Great Seal of Great Britain, bearing date the 10th instant, constituting the Great Officers of State, together with Soame Jenyns, Edward Eliot, John Roberts, Bamber Gascoyne, Esquires, Robert Spencer, commonly called Lord Robert Spencer, George Greville, commonly called Lord Greville, and William Jolliffe, Esquire, to be his Majesty's Commissioners for promoting the trade of this kingdom, and for inspecting and improving his Majesty's Plantations in America and elsewhere, was read.

Plantations General.

Read an Order of the Lords of his Majesty's most Honourable Privy Council on the eighth instant, declaring an alteration in the form of prayers for the Royal Family, in consequence of the decease of her late Royal Highness the Princess Dowager of Wales, and directing this Board to prepare and lay before his Majesty in his Privy Council, draughts of instructions to the Governors of all his Majesty's colonies and plantations in America, conformable thereto.

fo. 22.

Draughts of instructions having been accordingly prepared, were approved, and a representation to his Majesty thereupon was signed.

Dominica.

Their lordships considered several applications of persons interested in leases of lands in the Ceded Islands for their lordships' approbation and allowance of assignments of the said leases to British subjects, and it was ordered, that the Secretary should certify their approbation of such assignments, vizt.

Assignment by Francis Moysen to Langford Lovell and James Morson of a lease of forty eight acres of land in the island of Dominica.

Assignment by George Breman to any British subject of a lease of eighty eight acres of land in the island of Dominica.

fo. 23.

Assignment by Peter Gabriel Lewis, Bourke de Beauchamp to Duncan Mackintosh of a lease of fifty six acres of land in the island of Dominica.

Assignment by Marianne Vavon Fouchard to Mr. Picault de la Brosse of a lease of twenty seven acres of land in the island of Dominica.

Nova Scotia.

The draught of a representation to his Majesty, proposing the disallowance of two laws passed in the colony of Nova Scotia in June and July, 1771, having been transcribed pursuant to order, was signed.

Trade, East Indies.

fo. 24.

Their lordships took into consideration an Order of the Lords of the Committee of Council referring to this Board an account of the East India Company's exports from the 29th of September, 1770, to the 29th of September, 1771; and it was ordered, that enquiry should be made of the causes, which have produced the necessity for so large an exportation of bullion as appears upon the accounts of the two last years.

Plantations General.

fo. 25.

Their lordships took into consideration the motions made by Mr. Wilmot, agent to the Proprietaries of Pennsylvania, on the 6th instant, respecting Lord Rochford's application for a grant of the islands in the bay and river of Delaware; and Mr. Wilmot attending on the part of the said Proprietaries, as also Mr. Fielde, on behalf of the Earl of Rochford, Mr. Fielde stated to their lordships several objections to the request made by Mr. Wilmot, that the Proprietaries might have further time to consider of the steps it might be proper for them to take, and to prepare what they might have to offer against complying with the prayer of Lord Rochford's petition, and Mr. Fielde moved their lordships, that an early day might be appointed for the consideration of Lord Rochford's petition, and that he might be heard by his counsel in support thereof.

The solicitors were thereupon ordered to withdraw, and it was resolved, that the matter in question should be set down for hearing on this day three weeks.

The solicitors were then called in and acquainted with their lordships' resolution, and Mr. Fielde not objecting to Mr. Wilmot's request for a copy of Lord Rochford's petition, it was ordered, that a copy thereof should be made and delivered to him.

fo. 26.

Monday, February 17. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. Roberts, Lord Robert Spencer, Lord Greville.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Virginia.

Read an order of the Lords of the Committee of Council for Plantations Affairs, dated January 29th, 1772, referring to this Board, for their consideration and report, a petition to his Majesty of John Wadman, Esquire, stating, that the Governor and Council of Virginia had refused to grant to him a tract of land at Cape Henry and on the adjacent shores, for which he had made an entry and paid rights in the year 1765, and praying that the same may be granted to him by letters patent under the Great Seal of Great Britain.

fo. 27.

Virginia.

Mr. Wadman attending, their lordships had some discourse with him upon the subject matter of his petition; and Mr. Wadman being withdrawn, it was ordered, that the draught of a report to the Lords of the Committee of Council upon his petition should be prepared.

North Carolina.

Their lordships read and considered forty four Acts, passed in the province of North Carolina in December, 1770, and January, 1771, together with Mr. Jackson's report thereupon, and it was agreed, that the said Acts should be taken into further consideration on Wednesday next, and that Mr. Jackson should be desired to attend.

Newfoundland.

fo. 28.

The Earl of Hillsborough acquainted the Board, that his Majesty had been pleased to appoint Molineux Shuldham, Esquire, to be Governor of Newfoundland, in the room of Mr. Byron, and his Lordship signified to the Board his Majesty's commands, that they do prepare and lay before his Majesty in Council, a draught of a Commission for the said Governor, and also draughts of such instructions as they shall judge proper to be given to him.

Wednesday, February 19. Present:—Mr. Roberts, Lord Robert Spencer, Mr. Gascoyne, Mr. Jolliffe.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

North Carolina.

fo. 29.

Their lordships took into further consideration the laws of North Carolina, mentioned in the preceding minutes, and it was ordered, that the draught of a representation to his Majesty should be prepared upon several of the said Acts, the titles of which are as follows, vizt.
An Act for preventing tumults and riotous assemblies, for the more speedy and effectual punishing the rioters, and for restoring and preserving the publick peace.
An Act for founding, establishing and endowing of Queen's College in the town of Charlotte in Mecklinburg County.
An Act to encourage the further settlement of this province.
An Act for authorizing Presbyterian Ministers regularly called to any Congregation within this province to solemnize the rites of matrimony under the regulations therein mentioned.

fo. 30.

Ordered, that the Secretary do transmit to his Majesty's Post Master General a copy of the Act for encouraging and supporting the establishment of a Post Office in North Carolina, to the end that the Board may be enabled, by receiving his sentiments upon that law, to take such steps thereupon, as shall appear to be proper in respect to that branch of his Majesty's service under his direction.

Proprieties, Pennsylvania.

Their lordships read and considered twenty three Acts passed in the province of Pennsylvania in February and March, 1771, together with Mr. Jackson's report thereupon.

Ordered, that the said Acts be taken into further consideration tomorrow morning.

fo. 31.

Thursday, February 20. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. Roberts, Lord Greville, Mr. Jolliffe.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Proprieties, Pennsylvania.

Their lordships made a further progress in the consideration of the laws of Pennsylvania, mentioned in the preceding minutes.

Friday, February 21. Present:—Mr. Jenyns, Mr. Gascoyne, Lord Greville, Mr. Roberts, Lord Robert Spencer, Mr. Joliffe.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Massachusetts, New Jersey.

fo. 32.

North Carolina.

Read letters from the Governors of Massachusetts Bay, New Jersey, and North Carolina, containing their answers to several letters from the Board on the subject of laws passed in those colonies.

Newfoundland.

The draught of a Commission for the appointment of Captain Shuldham to be Governor of Newfoundland, having been prepared pursuant to order, was approved, and a representation to his Majesty thereupon was signed.

Proprieties, Pennsylvania.

Their lordships took into further consideration the laws of Pennsylvania, mentioned in the minutes of yesterday, and made some progress therein.

fo. 33.

Ordered, that the "Act declaring the rivers Delaware and Leheigh and parts of Neshaming Creek as far up as Barnsley's Ford and of the stream called Lechawaxin, as far up as the Falls thereof, common highways, and for improving the navigation of the said rivers, be returned to Mr. Jackson, and that he be desired to report his opinion, whether the Charter, which grants the province of Pennsylvania and the government thereof to Mr. Penn, warrants the exercise of any jurisdiction in the river Delaware, under the authority of an Act of the Legislature of the said province of Pennsylvania.

Newfoundland.

Their lordships read and considered the draught of a representation to his Majesty upon a memorial of the Court of France, asserting a right in the subjects of France to carry on a fishery in the seas adjacent to the islands of St. Pierre and Miquelon.

Their lordships agreed to take this matter into further consideration on Wednesday next, and it was ordered, that Mr. Pallisser be acquainted, that their lordships desire to have some discourse with him upon this subject on that day.

fo. 34.

Virginia.

North Carolina.

The draught of a report to the Lords of the Committee of Council upon Mr. Wadman's petition, mentioned in the minutes of the 17th instant, having been prepared pursuant to order, was approved and ordered to be transcribed; as was also a representation to his Majesty upon several laws passed in North Carolina, mentioned in the minutes of the 19th instant.

Wednesday, February 26. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. Roberts, Lord Greville, Mr. Jolliffe.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Newfoundland.

fo. 35.

Their lordships took into further consideration the draught of a representation to his Majesty upon a memorial of the Court of France, asserting a right in the subjects of France to carry on a fishery in the seas adjacent to the islands of St. Pierre and Miquelon, and Mr. Pallisser attending, their lordships had some discourse with him upon the subject of the said memorial.

Virginia.

North Carolina.

The draught of a report to the Lords of the Committee of Council upon Mr. Wadman's petition, mentioned in the minutes of yesterday, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty upon several laws passed in North Carolina, mentioned in the said minutes.

Grenada, Tobago, Barbados.

Their lordships read and considered two laws passed in the island of Tobago in November, 1770, and April, 1771; as also five laws passed in the island of Barbados in December, 1770, and May and August, 1771, together with Mr. Jackson's reports upon the said laws.

fo. 36.

Thursday, February 27. Present:—Mr. Jenyns, Lord Greville, Mr. Roberts, Mr. Jolliffe.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Massachusetts.

Their lordships read and considered twenty five Acts passed in the province of Massachusets Bay in April, June and July, 1771, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a report to the Lords of the Committee of Council upon the said Acts should be prepared, pursuant to their lordships' order of the 4th of October, 1771.

fo. 37.

Ordered, that the draught of a letter to the Governor of the Massachusets Bay be prepared, containing the Board's observations upon two of the said Acts, by which several laws heretofore existing in the said province are repealed.