Journal, May 1775: Volume 82

Journal, May 1775

fo. 54.

Monday, May 1st. Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Mr. Keene, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

New York.

Their lordships made a further progress in the consideration of the matter in judgment before them respecting Mr. Lotbinière's claim.

Pennsylvania.

Read an order of the King in Council, dated February 20th, 1775, referring to this Board, for their consideration and report to the Lords of the Committee of Council for Plantation Affairs, six Acts passed in the province of Pennsylvania in September, 1773, and July and September, 1774.

fo. 55.

Their lordships took the said laws into consideration, 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 laws should be prepared.

Massachusetts.

Their lordships read and considered an Act passed in the province of Massachusetts Bay in June, 1774, intituled, An Act for supplying the Treasury with the sum of fourteen thousand, five hundred and fifty pounds, for the support of Government the ensuing year, together with Mr. Jackson's report thereupon, and it was ordered, that the said Act should lye by for further consideration at another opportunity.

New Hampshire.

A representation to his Majesty was signed, recommending that George Boyd, Esquire, may be appointed of the Council of New Hampshire, in the room of Peter Livius, Esquire, appointed one of the Judges for the province of Quebec.

fo. 56.

Thursday, May 4th. Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Mr. Keene, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

New York.

Their lordships took into further consideration the case of Mr. Lotbinière, and a letter from him to Lord Dartmouth, containing some observations upon what had passed at the hearing before the Board, having been read, it was ordered, that the draught of a report upon his petition should be prepared.

fo. 57.

Monday, May 8th. Present:—Mr. Jenyns, Mr. Keene, Mr. Jolliffe, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

North Carolina.

Read a memorial from Thomas Barker and Alexander Elmsly, on behalf of the Assembly of North Carolina, praying that certain alterations may be made in the laws of that province with regard to attachments, County Courts and fees, and submitting to the consideration of the Board the draught of a bill "for establishing a Superior Court," which the Assembly desire the Governor may be instructed to pass into a law.

fo. 58.

Ordered, that the above memorial, and the bill accompanying it, be referred to Mr. Jackson, for his opinion in point of law upon those parts which relate to attachments and the extension of the jurisdiction of the inferior Courts, and that he be desired to make his report before the 18th of May, on which day it was agreed to take this matter into further consideration, and it was ordered, that Messrs. Barker and Elmsly should have notice to attend on that day.

Thursday, May 11th. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Keene.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Their lordships took into consideration the state of his Majesty's Councils in the several colonies, and representations to his Majesty were signed, recommending the following appointments, viz:—
Grenada.
George Leonard Staunton, Esquire, to be of the Council in the Island of Grenada, in the room of Hugh Hall Wentworth, Esquire, deceased.
fo. 59.
North Carolina.
William Palmer, Esquire, to be appointed of the Council of North Carolina, in the room of Robert Palmer, Esquire, who has desired leave to resign.
Jamaica.
Richard Welch, Esquire, to be of the Council for the Island of Jamaica, in the room of Archibald Sinclair, Esquire, deceased.
Leeward Islands, Nevis.
John Taylor, Esquire, to be of the Council of Nevis, in the room of John Vanderpool, Esquire, deceased.
Bermuda.
Samuel Trott, junior, Esquire, to be one of the Council for the Bermuda Islands, in the room of Samuel Trott, Esquire, deceased.

South Carolina, Antigua, St. Christopher's, Montserrat, Jamaica.

fo. 60.

Ordered, that the Secretary do write to the several members of his Majesty's Councils in the Plantations, now in England, to acquaint them, that, unless they do in a reasonable time signify their intention of immediately returning, or shall produce his Majesty's leave of absence, the Board will be obliged in duty to recommend that their seats be filled up by other persons.

South Carolina.

Read a letter from William Bull, Esquire, Lieutenant Governor of South Carolina, acquainting the Board, that he had suspended William Henry Drayton, Esquire, from his seat at the Council Board of that province, and transmitting sundry papers, to which he refers, as containing the reasons for such suspension.

Their lordships, upon consideration of the said letter and papers, ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Proprieties, Pennslvania.

fo. 61.

Read an order of the King in Council, dated April 28th, 1775, referring to this Board, for their consideration and report to a Committee of Council for Plantation Affairs, the petition of John Penn, Esquire, an infant, and one of the Proprietaries of Pennsylvania, by Lady Juliana Penn, his mother and guardian, praying that a petition presented to his Majesty by his late father and John Penn, Esquire, his cousin, relative to running and ascertaining the northern, southern and western boundaries of that province, which was in some measure apprehended to become abated by the death of his late father, may be revived and proceeded upon.

Ordered, that the application of the Proprietaries of Pennsylvania, touching the western, southern and northern boundaries, be taken into consideration on Thursday, the 18th instant.

fo. 62.

Read an order of the King in Council, dated April 28th, 1775, referring to this Board, for their consideration and report to a Committee of Council for Plantation Affairs, the petition of John Penn, Esquire, an infant, and one of the Proprietaries of Pennsylvania, by Lady Juliana Penn, his mother and guardian, praying that a petition presented to his Majesty by his late father and John Penn, Esquire, his cousin, relative to encroachments on their lands by some of the inhabitants of Connecticut, which was in some measure apprehended to become abated by the death of his late father, may be revived and proceeded upon.

fo. 63.

Ordered, that the complaint of the Proprietaries of Pennsylvania, touching the encroachments made upon their territories under a claim set up by the colony of Connecticut, be taken into consideration on Wednesday, the 14th of June; that notice thereof be accordingly given to the parties, and that it be signified to them, that they may be heard by their counsel, if they desire it, on that day.

New York.

Their lordships read and considered the draught of a report upon the petition of Mr. Lotbinière, prepared pursuant to order.

Thursday, May 18th. Present:—Mr. Jenyns, Mr. Keene Mr. Greville.

The Earl of Dartmouth, one of His Majesty's Principal Secretaries of State, attends.

New York.

fo. 64.

Their lordships resumed the consideration of the draught of a report to the Lords of the Committee of Council upon Mr. de Lotbinière's petition, and the said draught having been approved, was ordered to be transcribed.

Their lordships also read and approved the draught of a report upon the petition of sundry officers and others, respecting lands in King's district within the province of New York, prepared pursuant to their lordships' resolution and proceedings upon that business on the 29th of February last, (fn. 1) and it was ordered, that the said draught should be transcribed.

North Carolina.

fo. 65.

This day being appointed for taking into consideration the memorial of Messrs. Barker and Elmsly, agents for the Assembly of North Carolina, in the matters referred to in the said memorial, a report of Mr. Jackson upon those parts of it which relate to attachments, and to the extension of the jurisdiction of the inferior County Courts was read, and Mr. Jackson attending, their lordships, after full consideration, came to the following resolutions thereupon, viz:—

First, that it would not be advisable to allow attachments of the effects of persons not residing within the province, or within the adjoining provinces of South Carolina and Virginia, in the manner proposed by the Assembly of North Carolina, except only when proof should be made that the defendant in any action, the cause of which arose in Great Britain, Ireland or any other of the plantations, had removed from his usual place of abode, in order to avoid payment of his debt, and that, in allowing attachment in cases of defendants residing in the adjoining colonies of South Carolina and Virginia, due provision should be made by law for giving such persons timely notice of the process.

fo. 66.

Secondly, that it would not be advisable on any pretence to admit of the jurisdiction of the Supreme Court being limited, or to allow a jurisdiction in the Inferior County Courts in civil actions beyond what was suggested in Lord Dartmouth's letter to Governor Martin of the 4th of August, 1773.

Thirdly, that it might be advisable that Governor Martin should have the King's permission to assent to such a regulation of the fees to the Chief Justice, as the Assembly should propose, whenever a suitable permanent salary should be annexed to that office by Act of the Legislature there.

fo. 67.

There being no reference from the Privy Council of the matter to which the above resolutions refer, Lord Dartmouth was requested to lay the said resolutions before his Majesty, to the end that such instructions might be given thereupon to Governor Martin, as to his Majesty should seem meet.

Virginia, Proprieties.

The Earl of Dartmouth having acquainted the Board, that he had just received a dispatch from the Governor of Virginia, in which, amongst other matters, he makes a further report of what has passed with the Deputy Governor of Pennsylvania, respecting the limits between the two colonies, but that [as] this dispatch had not yet been laid before the King, it was agreed to defer the further consideration of the petition of the Proprietaries of Pennsylvania upon that subject till Monday, the 22nd instant.

fo. 68.

Monday, May 22nd. Present:—Mr. Jenyns, Mr. Keene, Mr. Jolliffe, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Virginia, Pennsylvania.

His lordship communicated to the Board a letter, accompanied with several papers, lately received from the Earl of Dunmore, Governor of Virginia, respecting the disputes which have arisen upon the subject of the claims and pretensions of the Proprietaries of Pennsylvania to the property and jurisdiction of lands lying to the west of the Laurel hills.

fo. 69.

Their lordships took the said letter and papers into consideration, together with the petition of the Proprietaries of Pennsylvania to his Majesty, referred to this Board by order of the Lords of the Committee of Council for Plantation Affairs of the 26th of August, 1773, and Mr. Wilmot, agent for the Proprietaries, attending, with Mr. Baker, allied to and connected in interest with the Penn family, their lordships had some discourse with them touching the establishment of a temporary line of jurisdiction on the southern and western frontiers of that province, as a means of preserving the public peace, and, after mature deliberation, it was ordered, that the draught of a report to the Lords of the Committee of Council upon the Proprietaries' petition, should be prepared.

Thursday, May 25th. Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

fo. 70.

New York.

The draughts of reports to the Lords of the Committee of Council upon Mr. de Lotbinière's petition and upon the petition of the officers, which draughts are mentioned in the minutes of the 18th instant, having been transcribed pursuant to order, were signed, and permission was given that the parties interested in those reports might have copies thereof.

The following letters and papers were read, viz:—
Trade.
Letter from Wyndham Beawes, Esquire, His Majesty's Consul at St. Lucar, to the Board, dated February 7th, 1775, transmitting,
A list of ships arrived at St. Lucar and sailed from thence, with their loading and reloadings in the year 1774.
fo. 71.
Plantations General.
Letter from Samuel Holland, Esquire, Surveyor General of the Northern district of North America, to Mr. Pownall, dated August 22nd, 1774, relative to his frugal application of the money granted for general Surveys, and inclosing,
A return of the allowance per day to the Deputy Surveyors and assistants.
Letter from Captain Holland, Surveyor General of the Northern District of North America, to Mr. Pownall, dated December 20th, 1774, inclosing,
Proceedings and observations of Captain Holland for settling the 42nd degree of North latitude on Delaware river.
Barbados.
fo. 72.
Letter from the Honble. Edward Hay, Governor of Barbados, to the Board, dated November 7th, 1774, in answer to one from their lordships of the 31st of March last, relative to the Act for improving the Molehead.
Report of a Committee of Assembly relative to the above-mentioned Act.
Copy of the said Act, passed in November, 1774.
Grenada.
Duplicate of a letter from William Leyborne, Esquire, Governor of Grenada, etc., to the Board, dated September 12th, 1773, in answer to their lordships' letter of the 27th of May last, on an Act of St. Vincent's against covinous and fraudulent conveyances.