Journal, May 1778: Volume 85

Journal, May 1778

fo. 128.

Tuesday, May 12th. Present:—Mr. Jenyns, Mr. Greville, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Plantations General.

Read a letter from Robert Hodgson, esquire, to the Board, dated May 11th, 1778, desiring to be heard by Council on the subject of a memorial addressed to Lord George Germain, and by his Lordship communicated to the Board.

fo. 129.

Their Lordships, upon consideration of the abovementioned letter, directed, that the memorial referred to, be communicated to Mr. White, on behalf of Mr. Lawrie, and if Mr. White shall be empowered and prepared to enter into a discussion of the charges therein contained, their Lordships will appoint an early day for hearing the parties, according to Mr. Hodgson's request; but if Mr. White shall decline appearing on the behalf of Mr. Lawrie, their Lordships will, according to the usual practise, transmit the memorial to Mr. Lawrie, for his reply thereto.

Nova Scotia.

The Secretary informed the Board, that Mr. Lampriere had communicated to him, a letter from Mr. John Robin, dated Jersey, March 23rd, 1778, containing observations on the soil, culture and fishery of the Isle de Madame, mentioned in the several minutes of the 16th of December, 6th of January, 10th and 24th of February, and the 3rd and 10th of March last, and the said letter having been read, it was resolved to take the same into consideration when the Board shall think proper to proceed again on the memorial of Sir Herbert Mackworth and his associates for a grant of the said Island.

Senegambia.

fo. 130.

Mr. Drew, agent for Lieutenant Governor McNamara, attending together with Mr. Francis McNamara, they were called in, and presented to the Board a letter from Lieutenant Governor McNamara dated May 11th, 1778, wherein, in consequence of notice received by their Lordships directions, he states some of the reasons which induced him to concur with the Council of the Province of Senegambia in passing the two Acts for redressing of the inhabitants etc., mentioned in the last minutes: and that with respect to his memorial against Mr. Chief Justice Morse, he only waits the pleasure of the Board, to enter into proof of the facts therein stated.

fo. 131.

Their Lordships, having considered the said letter, together with the Acts beforementioned, and having also heard, what Mr. Francis McNamara had to offer concerning the said Acts, were of opinion, it would be adviseable to recommend their disallowance: and the draught of a representation thereupon to his Majesty, having been prepared, was approved, transcribed and signed. Their Lordships, at the same time resolved, that they will be ready to hear Lieutenant Governor McNamara in support of the charges contained in his memorial against Mr. Chief [Justice] Morse, mentioned in the minutes of the 27th of January last, on Tuesday the 26th instant, of which Mr. Drew and Mr. Francis McNamara was informed, and it was ordered, that notice should also be given to Mr. Morse, to prepare himself for his defence.

East Florida.

This day having been appointed by their Lordships to hear the several matters relating to Governor Tonyn's suspension of William Drayton, esquire, Chief Justice of the Province of East Florida, and being informed, that Mr. Drayton with Mr. Macdonald, his Counsel Mr. Mansfield, Counsel on the part of Governor Tonyn, and several other gentlemen attended, they were called in, when Mr. Drayton by himself and by his Counsel prayed that their Lordships would, on account of his not being sufficiently prepared, be pleased to postpone the hearing until Tuesday next, the 19th instant, with which request their Lordships were pleased to comply; and notice was accordingly given to all parties to attend on the day abovementioned.

fo. 132.

Tuesday, May 19th. Present:—Mr. Jenyns. Mr. Gascoyne, Mr. Jolliffe, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

New Hampshire.

Read a memorial of Robert Traill. Comptroller of the Customs for the port of Piscataqua, setting forth the hardships he has suffered by his flight from America in 1775, and praying, that the Board will give him such relief, as they shall think equitable.

Ordered, that Mr. Traill be informed that his memorial does not come under the cognizance of this Board.

Senegambia.

fo. 133.

Read a memorial of Edward Morse, esquire, Chief Justice of the Province of Senegambia, setting forth his having received orders to appear before their Lordships on Tuesday, the 26th instant, in order to his defence in certain charges, exhibited against him by Lieutenant Governor McNamara, etc.; but that it will be impossible for him to make any other answer here, than is already made by his late memorial, mentioned in the minutes of the 3rd of March last; and therefore praying, that he may be permitted to answer the said charges more fully in the Province of Senegambia, where he can have recourse to his papers, vouchers and witnesses.

The Board, having considered the said memorial, it was resolved, that Lieutenant Governor McNamara should be heard by his Counsel in support of his charges against Mr. Morse on Tuesday next, the day before appointed; of which Mr. Morse and Mr. Drew, who attended, were informed.

Plantations General.

fo. 134.

The Secretary acquainted the Board, that he had, pursuant to order, informed Robert White, esquire, with the request of Mr. Hodgson to be heard upon certain charges against Mr. Lawrie, Superintendant of the Mosquito Shore, contained in a memorial mentioned in the last minutes; and that Mr. White wished their Lordships to indulge him, on behalf of Mr. Lawrie, with a copy of the said memorial.

Ordered, that a copy of the above memorial be given to Mr. White, and that he be desired to attend the Board on Tuesday next.

Leeward Islands.

Read a letter from William Mathew Burt, esquire, to the Board, dated St. Christopher, March 10th, 1778, transmitting, with his observations thereon,
Antigua.
An Act passed in the Island of Antigua in February 1778, for regulating the fees of sworn pilots.
St. Christopher's.
Minutes of Council of the Island of St. Christopher's from October, 1776 to April, 1777, and from April, 1777 to October, 1777.

Ordered, that the Act abovementioned be sent to Mr. Jackson, for his opinion thereon in point of law.

fo. 135.

Their Lordships read and considered an Act passed in the Island of St. Christopher in October 1777, supplementary to an Act for raising and settling the sum of one thousand pounds currency on his Excellency Governor Burt, together with Mr. Jackson's report thereupon.

Trade.

Their Lordships approved and signed a report to the Lords of the Committee of Council on the state of the exports of the United Company of Merchants of England trading to the East Indies, from Michaelmas, 1769, to Michaelmas, 1776.

East Florida.

fo. 136.

Their Lordships, pursuant to the resolution of last Board, took into their consideration the several papers relating to Governor Tonyn's suspension of William Drayton, esquire Chief Justice of the Province of East Florida; and being informed, that Mr. Macdonald Counsel on the part of Mr. Drayton Mr. Mansfield, Counsel on behalf of Governor Tonyn, together with several other gentlemen attended, they were called in; when Mr. Macdonald was heard in vindication of the conduct of Mr. Drayton, and Mr. Mansfield in support of his suspension by Governor Tonyn: and Mr. Macdonald having also been heard in reply, and the copies of several letters and papers read by each Counsel in the course of their pleadings, the parties having nothing further to offer, they were desired to withdraw and the Board adjourned until Tuesday next, the 26th instant.

Friday, May 29th. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Read a letter from Thomas de Grey, esquire, to Mr. Cumberland, dated May 28th, 1778, transmitting, by direction of Lord George Germain.
Grenada.
fo. 137.
Tobago.
Copy of a letter from Lord Macartney, Governor of the Island of Grenada, to Lord George Germain, dated February 18th, 1778, informing his Lordship of three vacancies in the Council of Tobago, by the resignation of Thomas Fairholme, the promotion of Lieutenant Governor Campbell, and the death of James Elder; and recommending James Campbell. James Ottley and Gilbert Petrie, esquires, to be of the said Council.
Barbados.
Letter from the Honorable Edward Hay. Governor of the Island of Barbados, to the Board, dated February 5th. 1778, informing their Lordships of the death of Gedney Clarke, esquire, one of the Council for that Island: and recommending one of the three following gentlemen to fill the vacancy, vizt. George James, John Ince and John Bishop.

fo. 138.

Tobago.

It appearing, upon consideration of the foregoing letters, that James Campbell had been previously recommended to be of the Council for the Island of Tobago, in the room of Thomas Fairholme: and also that Joseph Keeling had been recommended to fill the vacancy in the Council of the Island of Barbados, the draughts of two representations to his Majesty, recommending James Ottley and Gilbert Petrie to be of the Council for the Island of Tobago, having been prepared, were approved, transcribed and signed.

Trade.

Read the two following orders of the Lords of the Privy Council, vizt.
Order of the Lords of the Privy Council, dated March 20th. 1778, referring to this Board, the petition of Messieurs Eade. Wilton and Allen, praying leave to export to the Island of Guernsey, on board the ship Susannah, certain military stores therein mentioned, for the use of letters of marque fitting out at that Island.
Order of the Lords of the Privy Council, dated March 27th, 1778, referring to this Board, the petition of Messieurs Philip de Gruchy and John Fiott, praying leave to export to the Island of Jersey, on board the cutter Surprise, certain military stores therein mentioned, for the use of the militia of that Island.

fo. 139.

Their Lordships, upon consideration of the two foregoing petitions, were of opinion, that the exportation prayed for should be allowed; and the draughts of two reports thereupon to the Lords of the Privy Council, having been prepared, were approved, transcribed and signed.

Jamaica.

Their Lordships read and considered an Act passed in the Island of Jamaica in December, 1777, intituled An Act to vest in trustes to sell and dispose of a certain tract of land in the Parish of Kingston, late the Estate of Thomas Harper, late of the Parish of Port Royal, merchant, deceased, for certain uses therein mentioned, together with Mr. Jackson's report thereupon.

Ordered, that the draught of a representation to his Majesty be prepared, proposing the confirmation of the Act abovementioned.

Senegambia.

fo. 140.

This day having been appointed to hear Lieutenant Governor McNamara upon his memorial, containing certain charges against Edward Morse, esquire, Chief Justice of the Province of Senegambia, Mr. Drew, agent to Lieutenant Governor McNamara, attended to acquaint the Board that Mr. Macdonald, who he had retained as Counsel for Mr. McNamara, could not possibly attend their Lordships, and therefore desired that they would be pleased to appoint another day for the said hearing; and also to hear Mr. Sharpless upon his memorial against the said Chief Justice.

Ordered, that Mr. Drew and Mr. Morse do attend the Board on Tuesday next, when their Lordships will be better able to determine, on what day it will be convenient to them to hear Counsel upon the memorial abovementioned.

Plantations General.

fo. 141.

Read and considered a memorial presented by Robert White, esquire, intituled "The memorial of his Majesty's subjects, the principal inhabitants of the Mosquito Shore in America, for themselves and on behalf of his Majesty's subjects established there." The said memorial being in reply to such part of the charges as generally affect those inhabitants, and are contained in the memorial of Robert Hodgson, esquire, mentioned in the minutes of the 12th instant; and Mr. White attending, together with Mr. Hodgson, their Lordships called in the parties, and Mr. White signifying to their Lordships, that not being specially empowered by Mr. Lawrie to enter into any matter in controversy between him and Mr. Hodgson, he desired to decline appearing, or being heard by Counsel on Mr. Lawrie's behalf, until Mr. Hodgson's charges were transmitted to Mr. Lawrie, and his answer thereto might be obtained.

Their Lordships thereupon informed Mr. Hodgson, that if he had anything to prefer as new matter of charge against Mr. Lawrie, and which had not a retrospect to proceedings already decided upon, the Board would be ready to receive the same by way of memorial, and would transmit it to Mr. Lawrie for his answer thereto.

Africa.

The Secretary laid before the Board the following publick paper, vizt.
The Account of the Committee of the Company of Merchants trading to Africa, distinguishing every article of expence under its proper title, for the year 1776.