Journal, January 1782: Volume 89

Journal, January 1782

fo. 1.

At a meeting of his Majesty's Commissioners for Trade and Plantations.

Tuesday, January 8th. Present:— Lord Grantham, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

The minutes of the last Board were read, approved and signed.

Jamaica.

fo. 2.

Read an Order of his Majesty in Council, dated the 2nd instant, approving the representation of this Board, dated December 21st, 1781, proposing the confirmation of an Act passed by the Legislature of Jamaica in January, 1781, to make the places of the Judges of the Supreme Court of Judicature and Justices of Assize in this Island, more permanent and respectable; and directing their Lordships to prepare and lay before his Majesty in Council, a draft of an additional instruction to the Governor of Jamaica, respecting the 52nd Article of his Majesty's general instructions to his said Governor; and substituting in lieu thereof, such directions in the premises, as are conformable to the provisions of the said Act.

Ordered, that the draft of an additional instruction, pursuant to the directions contained in his Majesty's said Order in Council before mentioned, to the Governor of Jamaica, together with the draft of a representation to his Majesty accompanying the same, be immediately prepared; and the said drafts having been prepared accordingly, the same were approved of and transcribed; and the representation to his Majesty upon the said draft of instructions was signed.

fo. 3.

Read and considered an Act, passed by the Legislature of Jamaica in December 1780, No. 475, to compel the Provost Marshall to enter satisfaction in his books, etc., together with Mr. Jackson's report thereupon without date.

Read the memorial of Stephen Fuller, esquire, agent for Jamaica, to the Board, inclosing a letter from Mr. Neville to Mr. Cuthbert, deputy Provost Marshall of Jamaica, and praying the confirmation of the Act passed in that Island, respecting the Office of Provost Marshall, above mentioned.

Ordered, that the draft of a representation to his Majesty, proposing the confirmation of the Act passed in Jamaica, respecting the Office of Provost Marshall, before mentioned be prepared; and the said draft having been prepared accordingly, the same was approved of, transcribed and signed.

fo. 4.

Leeward Islands.

St. Christopher's.

Read the memorial of Mr. James Graham of Lincoln's Inn, in the country of Middlesex, praying the confirmation of an Act passed in the Island of St. Christopher's, in October, 1778, No. 53, for ratifying and confirming several alterations and amendments made in the King's upper highway, in the parishes of Christ Church, Nochola Town, etc.

Ordered, that the draft of a representation to his Majesty be prepared, proposing the confirmation of the above mentioned Act passed in St. Christopher's; and the same having been prepared accordingly, was approved of, transcribed and signed.

fo. 5.

Friday, January 25th. Present:— Lord Grantham, Mr. Stuart, Sir Adam Ferguson, Mr. Sloane, Mr. Storer, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Miscellanies.

fo. 6.

The minutes of the last Board were read, approved and signed.

A new Commission under the Great Seal of Great Britain, bearing date the 2nd instant, constituting the great Officers of State, with Lord Grantham, William Eden, Andrew Stuart, Edward Gibbon and Hans Sloane, esquires, together with Sir Adam Ferguson, Anthony Storer and John Chetwynd Talbot, esquires, in the room of Robert Spencer, commonly called Lord Robert Spencer, Lord Walsingham, and Benjamin Langlois, 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, and Sir Adam Ferguson, Mr. Storer and Mr. Talbot took their seats at the Board accordingly.

Trade.

Read an Order of the Lords of the Privy Council, dated January 22nd, 1782, referring to this Board, the petition of John Strettell, praying leave to export to Quebec, on board the ship Earl of Effingham, sundry military stores therein specified.

fo. 7.

Their Lordships being of opinion, that the exportation prayed for in the before mentioned petition should be allowed; and the draft of a report to the Lords of the Privy Council thereupon having been prepared, was approved, transcribed and signed.

Barbados.

The Secretary laid before the Board two letters from Governor Cuninghame to their Lordships, dated the 17th and 22nd November, 1781, signifying, that by the Lord Hyde packet, (which had sailed as appears from his last date, on 19th inst.), he had transmitted his answer to the petition of the Assembly of that Island to his Majesty; and the said papers having accordingly come to hand, they were laid before the Board, and are intitled as follows:—
fo. 8.
The answer of Major General James Cuninghame to the petition of the House of Assembly of the Island of Barbados to the King, dated Barbados, 18th November, 1781.
Appendix to the answer of Major General James Cuninghame, to the petition of the House of Assembly of the Island of Barbados to the King.

fo. 9.
Mr. Estwick on behalf of the said Assembly attending, together with Mr. Joshua Sharpe on the part of the Governor, they were called in, and their Lordships desiring to be informed by the parties, when they should severally be prepared to attend a hearing before the Board, Mr. Sharpe observing, that the papers transmitted by the Governor were voluminous, desired to be indulged with a month's preparation, and Mr. Estwick having expressed his acceptance of the said proposal, their Lordships appointed the hearing for Tuesday, the 26th of February next at twelve o'clock, and gave notice to the parties accordingly; and copies were directed to be made at the suit of Mr. Estwick and Mr. Sharpe, of the papers transmitted by Governor Cuninghame, and communicated to them for their respective information.

Nova Scotia.

fo. 10.

Their Lordships resumed the consideration of the Address of the Assembly of Nova Scotia to the King, together with the copy of a bill framed by the said Assembly, to explain and amend the several Acts relating to the duties of Impost and Excise on Molasses, Rum and other distilled spirituous liquors, agreeable to their resolve on the 28th of November, 1781, and it appearing to their Lordships, that Sir Richard Hughes, late Lieutenant Governor of Nova Scotia, being now in London, might probably have something to communicate, in addition to the reasons assigned by the Assembly, for declining to pass the said bill, which they had framed and engrossed with that intent; and being desirous to hear whatever he might have to offer in further explanation of that proceeding, before they ultimately framed their opinion thereupon.

fo. 11.

Ordered, that the Secretary do write to Sir Richard Hughes, baronet, requesting his attendance on Tuesday next at 2 o'clock.

West Florida.

fo. 12.

fo. 13.

Read a paper delivered by Mr. Joshua Sharpe, Sollicitor on behalf of Peter Chester, esquire, Governor of West Florida, dated the 14th of December last; also another to the like effect of the 21st of the present month, requesting, that their Lordships will be pleased to dismiss the complaints preferred by Adam Christie and other inhabitants of West Florida, against the said Governor, for want of prosecution; and Mr. Sharpe attending in support of his said request, together with Mr. Bond, Counsel on the part of the complainants, the several parties were called in; and the said Mr. Bond having delivered in an affidavit of Samuel Hannay, esquire, agent on behalf of the complainants, stating, that he is in daily expectation of further proofs and evidences, the arrival of which he believes to have been delayed by the distraction of the Province, or some accident by capture or storms; their Lordships taking these matters into consideration, were pleased to grant a further time for the said expected arrivals; and Mr. Sharpe acquiescing in the proposal of three months from the present period, their Lordships signified that they should proceed on the 1st day of May next to dismiss the said complaints, in case the parties interested to support the same, did not appear and move for a hearing on or before that day.

fo. 14.

Tuesday, January 29th. Present:— Lord Grantham, Mr. Stuart, Mr. Sloane, Mr. Storer, Mr. Gibbon, Sir A. Ferguson, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Nova Scotia.

fo. 15.

fo. 16.

fo. 17.

fo. 18.

The Secretary having acquainted the Board, that he had written to Sir Richard Hughes, late Lieutenant Governor of Nova Scotia, agreeable to order of the last meeting, and that he attended without; he was admitted, and their Lordships informed him that they had under their consideration an Address of the Assembly of Nova Scotia to the King, submitting their reasons, for declining to pass a bill explanatory of the several Acts, relating to the duties of an impost and excise on Molasses, Rum and other distilled spirituous liquors; by which it was proposed to exempt from the said duties, all such Rum and Molasses, as should be actually and bond fide imported or purchased by the Commissary of Stores and Provisions, to be issued to his Majesty's troops in that Province, as a donation or gift from his Majesty; that as this bill had been framed by the Assembly upon his recommendation, in pursuance of the instructions he had received from the Board to that effect, their Lordships had desired his attendance that, in case he had anything to offer explanatory of, or in addition to, the reasoning of the Assembly in their Address to the King, they might avail themselves of his information, whilst the business was before them. This being stated, Sir Richard Hughes observed to their Lordships, that what he had to offer in the case, tended very little further than to confirm the reasoning of the Assembly, so far as it applied, to the opening that he believed would be made for frequent frauds and collusions, by the proposed exemption; that he apprehended great difficulties were in the way, of any mode that could be adopted for the prevention of such abuses, and some inconveniences in the execution of it, if it could; that the exemption in favor of his Majesty's Navy, being of the nature of an exportation, did not seem to him to apply to the case in question; that he was however of opinion, that Rum or Molasses issued to the troops as a donation from his Majesty, should be free of duties; that the Province debt was considerable; that these duties formed the main branch of its revenue, and that any material defalcation in this article would, as he believed, create a very sensible distress, and might operate to the detriment of the public service on future occasions. He concluded by observing, that from his experience in the Province he was persuaded, that the Assembly had sincerely and without evasion, submitted their difficulties to the consideration of his Majesty, and he did not doubt their ready disposition to comply with and adopt such other measures, as might be recommended to them from the same authority.

Sir Richard Hughes then mentioned to their Lordships, that Mr. Butler was in England, that he had long resided in the Province, was throughly versed in its affairs, and would be ready to wait upon the Board, whenever they signified their pleasure that he should attend.

Sir Richard Hughes being retired, it was ordered, that the Secretary write to Mr. Butler, and desire his attendance on Friday next at 2 o'clock.

fo. 19.

The Board having resumed the consideration of the complaints preferred by Mr. William Lovegrove, against certain civil officers of the Crown in the Province of Nova Scotia, mentioned in the minutes of the 13th, 14th, 20th, 28th of February, and 3rd of March, 1781, the Secretary laid before their Lordships a letter from Mr. Lovegrove to Mr. Elliott, dated Halifax, 22nd November, 1781, signifying his having appointed Mr. Leslie of Little Bell Alley to be his Attorney; and that by the same conveyance he had furnished him with the necessary evidence to support his charges against the servants of the crown in the said Province.

fo. 20.

Read a letter from Sir Andrew Snape Hammond to the Board, dated Halifax, 17th November, 1781, transmitting several duplicate public papers, together with the following originals, viz.:—
Proceedings of the Supreme Court against Mr. William Lovegrove.
Proceedings of Quarter Sessions and Grand Jury against Mr. Lovegrove.
Reply of Judge Morris, in answer to the charges brought against him by Mr. Lovegrove.
Charles Morris junior's answer to Mr. Lovegrove's complaint, 5th September, 1781.
Proceedings of Council, from 24th July to 8th of September, 1781.
Proceedings of Council in Assembly, from 11th of June to 5th July, 1781.

fo. 21.

Read a letter from Sir Andrew Snape Hammond to the Board, dated Halifax, November 25th, 1781, recommending Mr. Alexander Brymer to be of the Council, in the room of Mr. Morris deceased, and inclosing,
Memorial of the Justices of Quarter Sessions for the country of Halifax to Sir A. S. Hammond, upon the complaints exhibited by Mr. Wm. Lovegrove against certain officers of the government.

Ordered, that Mr. Leslie be directed to attend on Friday next at 2 o'clock.

The draught of a representation to the King, recommending Mr. Alexander Brymer to be of the Council of Nova Scotia, in the room of Mr. Morris, senior, being prepared, was approved of, transcribed and signed.

fo. 22.

Quebec.

Read two letter from Governor Haldimand to the Board, the one, dated Quebec, October 23rd, 1781, acknowledging the receipt of their Lordships' letter of the 13th December, 1780; the other, acknowledging the receipt of the Board's letter of the 19th of April last, and dated October 20th, 1781, transmitting the following papers:—
Copy of a letter from Governor Haldimand to Lord George Germain, dated Quebec, July 6th, 1781.
Copy of a letter (in cypher) from Sir Henry Clinton to his Excellency, General Haldimand, dated New York, 9th November, received by express through the Woods the 29th December, 1780.
fo. 23.
Copy of the minutes of the Legislative Council from the 1st of May to the 10th of October, 1781, both inclusive.
Copy of the minutes of the Legislative Council, from the 13th of April to the 30th April, 1781, both inclusive.
Copy of the minutes of Council in state matters, from the 5th of December, 1779 to the 30th April, 1781, both inclusive.

Africa.

The Board resumed the consideration of the paper communicated by the African Committee, read and entered in the minutes of the 21st of December last, intitled,
fo. 24.
Copy of the minutes of the Committee of the Company of Merchants trading to Africa, on the 12th and 18th December, 1781, containing their reasons for not proceeding at law against certain of their officers.

Ordered, that a letter be written by the Secretary to Mr. Robinson, transmitting, for the information of the Lords Commissioners of his Majesty's Treasury, the paper above mentioned, together with one other paper communicated in like manner by the African Committee, read and entered in the minutes of the 28th of November last, intitled,
fo. 25.
Copy of the African Committee's minutes, January 31st, 1781, relating to Richard Miles, esquire, appointed Governor of Cape Coast Castle, President of the Council, etc.

The Secretary having prepared and laid before the Board, the draught of a letter to the above effect, the said draught was approved of, and ordered to be transcribed.

Miscellanies.

fo. 26.

fo. 27.

The Secretary represented to the Board, that Mr. John Goddard was then, and had for some time past been absent from his duty at the office, that his said absence was occasioned by the difficulties and embarrassments of his private affairs, and that it was not, as he conceived, possible to forsee with any precision, when those difficulties would be removed so as to enable him to return to his duty; submitting to their Lordships whether they would be pleased to make any order in the case. Their Lordships, taking the same into consideration, were thereupon pleased to direct that, as Mr. Goddard had heretofore acquitted himself with diligence and punctuality in the business of this office, it might be allowable to indulge him with some further prolongation in point of time, for the final settlement and arrangement of his private affairs; and, after some deliberation had as to the precise limitation of this period, it was agreed, that Mr. Goddard's services should be dispensed with until the first day of June next ensuing; but, that if he did not return to the execution of his duty on or before that day, then the said indulgence finally to cease and determine.