Journals of the Board of Trade and Plantations: Volume 4, November 1718 - December 1722. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal, July 1720
An Order of Council of the 19th of May, 1720, upon a report from the Lords of Committee for hearing appeals from the plantations, dated the 3rd of the same month, and a representation of this Board, dated 4th June, 1719, relating to an Act passed in New York in 1717, intituled An Act for paying and discharging several debts due from this Colony to the persons therein named &c., was read; whereupon directions were given for preparing the draughts of instructions for the several Governors of His Majesty's plantations about passing Acts of the like nature according to the said Order.
A letter to Mr. Pulteney, His Majesty's Commissary in France, on the subject of the House of Commons, mentioned in the Minutes of the 29th of the last month, about preventing the running of Wool, was agreed and signed.
A letter, directed the 29th of the last month to be prepared, to General Hamilton, Governor of the Leeward Islands, upon the report of Mr. Duport, relating to the delays in the administration of Justice in the Leeward Islands, and to money disbursed by the said Mr. Duport on account of stores of war for those islands, was agreed and signed.
Mr. West's report, mentioned in the Minutes of the 21st of the last month, relating to an instruction to the Governors of His Majesty's plantations about pirates' goods &c., and to the Admiralty Jurisdiction in America, was again read and considered; whereupon the draught of a representation to the Lords Justices, in answer to the Order in Council, which was read the 25th February, 1718/19 on that subject, was agreed and ordered to be transcribed.
An Order in Council of the 21st of July, 1719, upon the petition of Colonel Vetch and others, praying for a tract of land in Nova Scotia, was read, together with the said petition, which their Lordships agreed to consider further at another opportunity.
A new commission under the Great Seal of Great Britain, dated the 24th of the last month, whereby besides the great officers of State as usual in former commissions, The Rt. Honble. Thomas, Earl of Westmorland, John Chetwynd, Esq., Sir Charles Cooke, knight, Paul Docminique, Thomas Pelham, Daniel Pulteney, Martin Bladen and Edward Ashe, Esqs., are appointed His Majesty's Commissioners for promoting the trade of this kingdom of Great Britain and for inspecting and improving His Majesty's plantations in America and Edward Ashe, Esqs., are appointed His Majesty's Plantations in America and elsewhere, was read, and Mr. Ashe being present with His Lordship and the other gentlemen first above mentioned, he took his place at the Board.
A representation, as agreed at the last meeting, relating to an instruction to the Governors of His Majesty's plantations about pirates' goods &c., and to the Admiralty Jurisdiction in America, was signed.
A letter from Mr. Lowther, Governor of Barbadoes, to the Board,
dated 29th March, 1720, was read, and the papers undermentioned,
therewith received, were laid before the Board, viz.:—
A list of the said papers.
Minutes of the Council from the 22nd day of April, 1719, to the 16th of March, following.
Seven acts passed in 1719.
Naval Office list from the 25th of March, 1719, to the 25th of December, following.
A list of causes, which have been determined in the Courts of Error and Grievance, from the 22nd April, 1719, to 16th March, following, as also of such as are depending.
Ditto of the Court of Chancery, from 22nd of May, 1719, to 9th of March, following.
Ditto of the several Courts of Common Pleas, from 4th April, 1719, to 23rd of March, following.
A list of Christenings and Burials, from 24th April, 1718, to 24th April, 1719.
Mr. West's report, dated the 3rd of August, 1719, upon several Acts passed in Barbadoes in the years 1717 and 1718, was read; and their Lordships agreed to proceed again in the consideration thereof on Friday morning.
Mr. West's report, dated the 18th of the last month, upon several
Acts of Barbadoes was read, as likewise the Acts intituled.
An Act for the better ordering and regulating the proceedings of His Majesty's Courts of Common Pleas within this Island. Passed in June, 1718, and
An Act to impower the Governor or Commander in Chief and Council for the time being, to commute the value of powder, arms and ammunition or other stores that now are or hereafter shall be found wanting in the Accounts of the store keepers of the Magazine in this island and to reduce the same into money.
Whereupon directions were given for preparing a letter to the Governor or Commander in Chief of Barbadoes, wherewith to transmit the objections made to the first mentioned of these two Acts, and instructions for amending the same; and upon consideration of the last mentioned Act, ordered that Mr. Tryon and the Agents of the said Island be acquainted that the Board desire to speak with them at eleven o'clock on Friday morning next; further ordered that Mr. West be acquainted that the Board desire to speak with him at the same time.
Mr. Carkesse, Secretary to the Commissioners of His Majesty's Customs, attending, as desired; their Lordships had some discourse with him on the subject of the address of the House of Commons about proper methods for preventing the running of Wool from Great Britain and Ireland into foreign parts. And Mr. Carkesse mentioning a clause prepared by the said Commissioners of the Customs, which they offered to the Lords Commissioners of the Treasury, in order to have been inserted in some act the last session of Parliament; he promised to transmit to this Board a copy thereof; and added that in his opinion the most effectual way to prevent the running of Wool from the Southern Counties of this Kingdom would be to lower the duties on Brandy, which they receive in return for it; whereupon their Lordships agreed to take this matter into further consideration at another opportunity, and to desire the assistance of some of the Commissioners of His Majesty's Customs therein.
The Reverend Mr. Gordon of Barbadoes attending, their Lordships enquired of him what he knew of the Island of St. Lucia, he said he believed this was the finest harbour in America, of which Captain Jacobs, of His Majesty's Ship Sweepstakes, Captain Gunman and other gentlemen of the Navy could give an account—that there were no inhabitants, but some Indians and Negroes, who mostly come thither from the Island of St. Vincents—that the inhabitants of Barbadoes send thither for wood.—And being asked particularly how the settling the said Island of St. Lucia might affect Barbadoes, he said he believed the Island of Barbadoes would find no disadvantage by the settlement of St. Lucia, more people coming to live at Barbadoes than there is land for them to settle upon—and he observed, that the French colonies are all growing in strength, particularly that Martinique has now double the men it had seven years ago. Their Lordships then desired Mr. Gordon to let them have his thoughts on this subject in writing, which he promised. And in the meantime acquainted the Board that Colonel Lilly, one of His Majesty's Ingineers, had some of the best draughts of several parts of America taken from his own survey.
A letter from Colonel Spotswood, Lieutenant Governor of Virginia,
dated the 1st of February last, was read, and the papers, therein
referred to, were laid before the Board, viz.:—
Copy of a letter from Colonel Spotswood to Colonel Schuyler, President of the Council of New York, relating to the settling a peace with the 5 Nations of Indians, &c.
Account of the Tonnage and Hogshead Revenue from April to October, 1719.
Account of the Quit Rent Revenue, from April, 1718, to April, 1719.
A map of the country adjacent to the River Mississippi.
And upon reading and considering the said copy of Colonel Spotswood's letter to Colonel Schuyler, ordered that a copy thereof be prepared with the draught of a letter, to enclose the same to Mr. Burnet, appointed His Majesty's Governor of New York.
A letter from Mr. Woolley, Secretary of the East India Company, dated the 6th inst., signifying that the Directors will return an answer, with all convenient speed, to the letter to him, the 30th of the last month, was read.
Their Lordships took again into consideration Mr. West's report, which was read the 5th inst., upon several Acts passed in Barbadoes in 1717 and 1718; whereupon ordered that in the next letter to the Governor or Commander in Chief of that Island he be directed to endeavour to get the Act, intituled, An Act requiring all persons to bring into the Treasurer's Office a list of all orders due to them from the Public, to be amended by another Act, to allow a longer time to persons dwelling out of the Island, for producing their orders; and their Lordships agreed to let the other Acts mentioned in the said report, lye by as probationary.
A letter from Mr. Tryon, dated this day, desiring the Board would appoint another time for the gentlemen who were to have attended to-morrow in relation to the Act of Barbadoes, for commuting the value of powder, arms and ammunition &c., was read; whereupon ordered that they have notice to attend on Wednesday morning next.
A letter from Captain Rogers, Governor, and the Council of the Bahama Islands, dated at Providence, the 15th of January last, was read, and the Minutes of the Council there from 31st March, 1719, to the 15th January, 1719/20, received with the said letter, were laid before the Board.
Another letter from Captain Rogers, dated at Providence, the 20th
of April last, was likewise read, and the papers therewith received
as undermentioned, were laid before the Board, viz.:—
Copy of a letter from Captain Rogers, relating to the designs of the Spaniards against Carolina and the Bahamas, dated 18th April, 1720.
Copy of a letter from Captain Hildesley of His Majesty's ship Flamborough, dated at Providence, the 19th April, 1720, relating to the designs of the French to attack the Bahama Islands.
Copy of a letter from Mr. Farril and Mr. Nicholson to Captain Rogers, dated at Havana, April 4th, 1720.
Copy of a letter from Captain Vernon of His Majesty's Ship Mary, to Captain Rogers, dated off at Cape Corientes on Cuba, the 24th March, 1719/20.
Depositions and other informations to Captain Rogers, Governor of the Bahama Islands, relating to the proceedings and designs of the French and Spaniards in the kingdom of Mexico and Coast of Florida &c.
Brigadier Hunter, late Governor, and Mr. Burnet, the present Governor of New York and New Jersey, attending, the copy of the letter from Colonel Spotswood, Lieutenant Governor of Virginia, to Colonel Schuyler, President of New York, relating to the 5 Nations of Indians bordering upon New York, as mentioned in the Minutes of the 6th inst., was communicated to them; whereupon Brigadier Hunter acquainted the Board, that when Colonel Spotswood was with him at New York, he had represented to Colonel Spotswood the inconvenience of insisting on punctilios with those Indians; and he now further informed their Lordships, that Albany was the place where the said Indians used to meet and treat with the English, and that when he had occasion to settle anything with them, he, the said Brigadier, as likewise the former Governors, particularly the Lord Howard many years ago, were obliged to meet them at Albany. That the far Indians, as they are called, and those on the frontiers of Virginia, and some other of His Majesty's Plantations, are the Indians with whom the 5 Nations have been at all times in war. And the Brigadier observed, that the said five nations being of a warlike disposition, it was well they engaged against other Indians, for that otherwise His Majesty's subjects would probably suffer by them. That the said 5 nations promised not to molest any Indians, who are tributary to His Majesty, in any of His Governments; but that they expected a declaration what Indians were tributary or protected by the British Governments. And he said it would be proper the Assembly of Virginia should be at some small expence, and send deputies and some of each nation of their Indians with a belt of Wampum to establish and confirm a friendship between them and the 5 Nations. That the source of these differences is the emulation about the Fur trade carried on with the Indians from Carolina, Virginia, New York and other His Majesty's Plantations; that at his, the said Brigadier's request, the 5 nations sent out a body of Indians against those who were lately at war against Carolina, which occasioned the immediate conclusion of Plantations; that at his, the said Brigadier's request, the 5 nations sent out a boby of Indians against those who were lately at war against Carolina, which occasioned the immediate conclusion of that Peace. And as to the complaints of the Virginia Indians he said, he believed, they made more of it than the damage or insult really was; that most of the robberies and mischiefs which did happen were owing chiefly to some loose straggling Indians of the 5 nations, who joined the Tuscaruras. Brigadier Hunter, being particularly asked concerning some places to be appointed on the frontiers for the Indian trade, he said, that for the province of New York, the city of Albany was the place appointed for the Indians to bring their Furs &c., and the dealers to barter and trade with them there. That many inconveniences and complaints, which arose by particular persons going to trade amongst the Indians, were prevented by a fixed market place, and the Magistrates having instructions to cause immediate justice to be done upon any differences that arose.
Their Lordships had then some further discourse with Brigadier
Hunter relating to the Act passed in New Jersey in 1713/14 entituled:
An Act for shortening Law Suits and regulating the practice of the Law, and
An Act for acknowledging and recording of Deeds and Conveyances of Land within each respective county of this province.
Who declared as to the first of the said Acts that the Chief Justice and Attorney General of that province had complained to him that it had not answered the intent of it; and as to the second he observed that notwithstanding the recording of Deeds in the counties, persons, whose writings or estates were of any consequence, would likewise register them in the Secretary's office. And in relation to the Act about Fees, he said, several gentlemen of the Assembly promised, that as soon as there was a man of probity Secretary of the Province, they would willingly repeal it. And their Lordships desiring he would let them have a memorial in writing, he promised to do it.
The undermentioned letters from Colonel Bennet, Lieutenant
Governor of Bermuda, were read, and the papers therein referred to
laid before the Board, viz.:—
A letter from Colonel Bennet of 8th June, 1719, to the Board, with,
Account of cash received by virtue of an Act, passed in May, 1713, to supply the deficiency of the several funds in these Islands towards building a new house for the Governor here, from October, 1713, to January, 1715/16.
Account of the state and condition of the several Forts and Fortifications at Bermuda, in June, 1719.
Mr. Richard Jennings, Receiver's. Accounts of duties received by virtue of an Act, passed in May, 1713, to supply the deficiency of several funds in these Islands towards building a new house for the Governor here, from February, 1715/16, to September, 1718.
Another letter of the same date, to the Board, with
Copy of an address from the Governor, Council and Assembly &c., to His Majesty.
Copy of Captain Martindale's Journal in November, 1719.
Minutes of Assembly from 1st March, 1707/8, to 14th April, 1714.
Naval Officer's List of Ships entered and cleared from 10th
October, 1715, to 15th October, 1719.
And ordered that the substance of what the Board writ to Colonel Spotswood the 26th of June, 1719, relating to the absence of Councillors, and to persons to be instructed to give account of Private Acts transmitted from His Majesty's Plantations, be prepared for their Excellencies the Lords Justice's approval thereof, as additional instructions to the several Governors of the said Plantations.
The draught of additional instructions to His Majesty's Governors in America, relating to Acts of Assembly for striking Bills of Credit and Payment of moneys to any of the said Governors or Members of the Councils or Assemblies there, were laid before the Board, and a progress made in the consideration thereof.
Mr. Tryon attending with Mr. Walker of Barbadoes, as also Mr. Stephenson and Mr. Bampfield, Agents for that Island; they were asked what they had to offer in relation to the Act mentioned in the Minutes of the 5th inst., entituled, An Act to empower the Governor or Commander in Chief and Council for the time being to commute the value of powder, arms and ammunitions &c., Mr. Walker said, he had perused the said Act, and can see no good that can accrue to the Island by it; that the first appointment of a storekeeper was designed, that the Island might always have a sufficient quantity of ammunition. That the said Storekeeper is under very strict injunctions, not to take money in lieu of powder, nor has he power to change bad powder for good; that such Storekeeper gives very great security, (eight or 10,000£, as he believed), besides being under an Oath for the due performance of his office, and would not venture to dispose of the stores or be found deficient in the species, for fear of incuring the penalties of the Bonds given for the security of the Public, and the punishment for perjury. That as a proper cheque to know what powder the storekeeper is chargeable with, the powder duty is entered at the Secretary's office of the Island, and at the Treasurer's, as well as the Storekeeper's.
That there are no stores wanting in the Storehouse of Barbadoes to occasion the passing such an Act as the present, for commuting the value of stores, only an informality in delivering the stores sometime since; and he said the Committee of Accounts there were satisfied, the stores were delivered according to the general orders of the Governor, and the receipts produced by the late storekeeper's executor or representative from the Commissioners of the Fortifications, who received them pursuant to those orders. Mr. Walker added, that he thought this Act might have ill consequences, especially since, by the laws already in force in Barbadoes, sufficient provision is made for the stores being duly accounted for in specie or in value.
Their Lordships enquiring what salary or allowance the storekeeper had, Mr. Walker answered, it was but small, being but £150 or £200 per annum, and mention being made of the Act passed in Barbadoes in 1708, entitled, An Act appointing a Committee for settling the public accounts of this Island, &c. Mr. Walker was asked, whether any and what inconvenience were found by the said Act, whereupon he said, that it was in general a good Act, though some inconveniences might possibly arise from some parts of it.
The draught of an additional instruction to His Majesty's Governors in America, relating to Acts of Assembly for striking Bills of Credit &c., as mentioned in yesterday's Minutes, was agreed, and directions given for preparing the draught of a representation wherewith to lay the same before their Excellencies the Lords Justices.
Mr. West attending, their Lordships had some discourse with him relating to the above mentioned Act of Barbadoes, appointing a Committee for settling the public accounts, and agreed to reconsider the said Act at another opportunity.
A letter from Mr. Gordon of Barbadoes, desiring to be heard against an Act lately passed in that Island, for regulating the Court of Exchequer, was read, whereupon ordered that he be desired to bring in writing on Friday morning next his objections to the said Act.
The undermentioned letters and papers received from Colonel
Philips, Governor of Nova Scotia, were read, viz.:—
A letter from Colonel Philips to the secretary of this Board, dated the 3rd of November, 1719.
A letter from Colonel Philips to the Board, dated the 3rd of January, 1719/20.
A letter from Captain Doucet, Lieutenant Governor of Annapolis Royal, to Colonel Philips, dated the 15th of the same month.
A letter from Colonel Philips to the Board, dated 26th February, 1719/20, with a petition of several inhabitants of Mary Town, desiring a person may be impowered to administer justice there.
Their Lordships took into further consideration the several letters and papers received from Colonel Philips, Governor of Nova Scotia, and mentioned in yesterday's Minutes; whereupon directions were given for preparing an answer to Colonel Philips's said letters, and a representation to the Lords Justices, relating to a surveyor to be dispatched to the said province.
The draught of a representation, wherewith to lay before the Lord Justices the draughts of additional instructions to His Majesty's several Governors in America, about Acts for striking Bills of Credit and issuing money to the said Governors or members of the respective Councils or Assemblies there, was agreed and ordered to be transcribed.
A letter from Mr. Delafaye, Secretary to their Excellencies the Lords Justices, dated the 15th inst., signifying their Excellencies' desire that this Board should attend them at ten this morning, was read; and their Lordships did accordingly; and upon their return, having taken into consideration the subject matter of their discourse with the Lords Justices, gave directions to the Secretary for preparing several heads for a representation on the present state of the Government and Trade of His Majesty's several plantations on the continent of America, in order to lay the same with all convenient speed before their Excellencies.
Brigadier Hunter, late Governor of New York and New Jersey, attending as desired, their Lordships had some discourse with him on the subject of his memorial, and that from Mr. Burnet, mentioned in the Minutes of the 24th of the last month, relating to the settlement of a revenue for the support of the Government in those Provinces; and Brigadier Hunter being asked several questions on this subject, he said, in relation to New York, the present revenue there arises by duties upon Rum, Negroes, Madera Wines &c. imported, and upon foreign vessels trading there. That the trade of the province in those and other commodities daily increases; and the said commodities are rather cheaper than before the imposition already laid on them, and that the number of people likewise increases—that as to the annual charge of the Government of New York, which may amount to about £4,000 per annum, the particulars would appear to their Lordships by the Minutes of the Council of that province to which he referred; there being, as he said, no money paid, but by warrant in the Council's books. That as to the charge or expence of the Members of the Council and Assembly, the former had no settled salary, but always claimed an allowance as well as the Assembly, in proportion to the number of days they attended the public service in a Legislative capacity, though that allowance was never paid them, before the passing the two late Acts for paying the public debts of the province. That the Assembly are usually paid by a standing law of the province, confirmed by the Crown, but it being by a county levy, there are several inconveniences attending it, and often a delay of the public service, so it were to be wished that Law were repealed according to the generality of the people of New York; and the Assembly paid as other officers of the Government, out of the imposts on the consumption of several goods &c., as they were upon occasion of the said Acts for paying the public debts, which would be less felt by the people than by a County Tax. That during his Government he did not consent to any bill, whereby the revenue was particularly appropriated, though he took care to issue the same conformable to the resolves of the Assembly. Brigadier Hunter being particularly asked concerning the Quit Rents of New York, he said, they were inconsiderable, not being above £500 per annum at most, out of which the receiver, who has a patent, durante bene placito, pays himself. That the occasion of the Quit Rents being so small was that very large tracts of land had been granted away by former Governors, (before they were instructed to the contrary), without the reservation of more than a pepper corn, though there is 2s. and 6d. reserved for quit rent for every hundred acres granted there of late. Brigadier Hunter added, that there is at present carried on a trade from New York to Canada of about 10 or £12,000 per annum in Duffles and other goods proper for the Indians, which he is apprehensive will be prejudicial by their selling cheaper to the French than our other traders. And their Lordships agreed to send him a copy of the several queries lately sent to His Majesty's several Governors in America, for his answers thereto.
In relation to the province of New Jersey, Brigadier Hunter acquainted their Lordships, that the members of His Majesty's Council in that province, as well as of the Assembly, living most of them at a great distance from the seat of Government, there was the more reason for their having an allowance for attending the public business.
Captain Hart, late Governor of Maryland, attending, presented to the Board Her late Majesty's Great Seal for that province, which their Lordships ordered should be broken. And their Lordships entering into discourse with Captain Hart, in relation to the said province, he said he had sent several letters to this Board, and to the Secretaries of State, which he understood were not received, that he had received the forementioned queries a little before he came from Maryland, and he offered to their Lordships the answers which were there drawn up in Council, but intimating that the said answers were not so perfect as they might have been, if there had been longer time, he was desired to consider the same, and let their Lordships have as particular answers as he could, which he promised. In relation to the Indians, Captain Hart said, that some of the Tuscaruras, under the protection of the 5 Nations, had come and settled in that province; but that he had made a peace with them, concerning which Indians, Brigadier Hunter observed that the 5 Nations esteemed those Indians their children, and promised to answer for their behaviour. And Captain Hart being particularly asked concerning the people, strength of Maryland, its trade and revenue, he said, there were now about 30,000 white persons, of which 10,000 were fighting men; that they exported from 30 to 35 thousand hhds. of Tobacco per annum upon which there is raised 1sh. per hhd. for the expence of the Government.
The Secretary laying before the Board the Accounts of the incident charges of this office, from Christmas, 1719, to Midsummer, 1720, with copies of the preceding half year's accounts as follows viz.:—
A letter to the Lords of the Treasury inclosing the same, and praying payment thereof, and of the half year's salary due to the Secretary and under officers in the service of this Commission, was signed.
A letter from Mr. Delafaye, Secretary to their Excellencies the Lords Justices, dated yesterday, inclosing a copy of a petition from the Lord Craven relating to his title to the Bahama Islands and signifying their Excellencies' direction that this Board inform them of the state of that affair against Tuesday next, was read; whereupon ordered that the several representations of the Board and other papers, relating to the said Islands, be forthwith collected for their Lordships' consideration.
Another letter from Mr. Delafaye of the same date, referring to the Board a petition in behalf of the poor Palatines and other Germans at New York, for a tract of land for their settlement, was read; whereupon ordered that a copy of the said petition be sent to Brigadier Hunter, late Governor of the province, and his observations and opinion desired in writing, concerning the said Palatines.
Ordered that a letter be writ to Mr. Shelton, Secretary to the Lords Proprietors of Carolina, to acquaint him that this Board desire to speak with any of the Lords Proprietors of that Province and himself, at eleven of the clock on Thursday morning next.
Ordered that a letter be writ to Mr. Shelton, Secretary to the Commissioners of His Majesty's Customs, to remind him of the account of ships cleared from this kingdom from Christmas, 1714, mentioned in his letter of the 23rd of October last, and to desire the said account may be dispatched with all convenient speed.
The several representations of this Board and other papers in the office relating to the Bahama Islands, being laid before their Lordships, as directed the 21st instant, and the draught of a report prepared to the Lords Justices, in answer to their Excellencies' command signified by Mr. Delafaye's letter of the 20th inst.; their Lordships took the said draught into consideration, and the same was agreed, transcribed and signed.
Several heads, directed the 19th inst. to be prepared, in order to form a representation on the present state of the Government and trade of His Majesty's several plantations on the continent of America, being laid before the Board, the same were agreed, and some further directions given to the Secretary for preparing the said representation.
Mr. James Butler attending, and his powers of attorney from some of the sufferers by the French invasion of Nevis being examined at the Board, the three debentures No. 546, 547 and 664 were delivered to him.
The Honble. Mr. Ashley and Mr. Danson, two of the Lords Proprietors of Carolina, attending, with Mr. Shelton their Secretary, inquiry was made of them by the Board as to the present conditions of that province, and several other matters concerning the same; whereupon they answered that they had no accounts from Carolina for this month past, but expected advices by a ship which comes in to-day. That they heard there had been an insurrection of negroes in one part of the province, which had been happily suppressed, and that those which escaped were fled to the Spaniards at St. Augustine. That they had likewise been informed that the persons, who have lately taken upon the Government of that Province, had with their Assembly levied £2,500 upon the people for the support of their presented Government. That of late years the number of negroes has much increased in proportion to that of white people in Carolina; the number of fighting white men being computed at no more than from 1500 to 2000, and their negroes at 14 or 15,000. That there may be in Carolina about 2000 families of white people; though they had more formerly, before the French settled at Moville, and the difficulties the province of Carolina have been under on account of that settlement and the Indian war. As to forts or fortifications, they said, the only fort they had of strength was at Charles Town, though they had a slight fort with a garrison up the Savana River. That they heard the French had deserted Pensacola in the Bay of Mexico. That most of the maps yet extant of those parts are erroneous, as Colonel Barnwell, who is reputed to be, among the English, the best acquainted with that country, reports, and who is now preparing a new map of it. That as to their Indian neighbours, they had made a peace with the Yamasees by the assistance of their friends the Cherikees. In regard to the trade of Carolina, these gentlemen said, their chief produce was Rice, Pitch and Tar, which had increased for some years past. That they had a good breed of Cattle, and designed to proceed in raising Hemp and Flax. That they were informed the province had produced this year 20,000 barrils of Rice. Their Lordships further inquiring, what might be the number and tonnage of the shipping belonging to the province, they gave no particular account of them, but acquainted the Board, that they had repealed some acts of that province, which had favoured the ships of Carolina and laid duties on other British shipping. And the Board then desired in writing an account of the state of affairs of Carolina, since the late disorders in the Government there, which these gentlemen promised, so soon as the advices, now expected, are received.
Their Lordships then taking notice to Mr. Ashley and Mr. Danson of a report spread abroad, as if the Lords Proprietors of Carolina had disposed, or were negotiating for the disposal of their Government and property in Carolina, and recommending it to them that His Majesty might have the refusal thereof, they acknowledged, that they were in treaty for disposing of it, and hoped this Board would be of opinion, that the measures they took were most for His Majesty and the Public Service. And they observed the necessity of strengthening that province with white people, which, they alledged, would be more effectually done by a number of merchants, some of whom would go to Carolina themselves, by whose united purse a good number of men and families might be transported thither, than if His Majesty and the Government were at the charge of sending over soldiers.
An Order of Council of 12th inst., referring to this Board a petition from Mr. Hayles and other merchants of Gibraltar, now residing in London, praying that a Court of Justice may be erected at Gibraltar, for the recovery of the debts due to them and others, was read; as also a petition from them praying the Board to report in what manner the petitioners may have speedy relief, till such courts can be erected; whereupon ordered that the petitioners have notice to attend the Board to-morrow morning.
Mr. William Hayles and Mr. William Jacks, two of the merchants, whose petition for a Court of Justice to be established at Gibraltar, is refered to this Board, by the Order of Council, mentioned in yesterday's Minutes, attending; their Lordships had some discourse with them on the subject of the said petition and the trade carried on at Gibraltar, wherein these gentlemen being asked several questions, they said, that John Baptista Stola, a Genoese, who takes upon himself to be a Consult at Gibraltar, is their chief debtor, whom they have trusted with money and goods; particularly Mr. Hayles said, he had some years ago entered into partnership with him for a cargo to be sent to England, which the said Stola, after the said Hayles's leaving Gibraltar, disposed of other ways. That their accounts are of 8 or 10 years running, and not being able to bring him to a reckoning and discharge of what he owes, they pray a Court of Justice may be established. And in the interim, until that can be done, an order may be sent to the Governor not to permit the said Stola to depart without paying his debts; whereupon the Board acquainted Mr. Hayles and Mr. Jacks that such an order did not seem justifiable, before a civil authority was established there; and they desired to know what these gentlemen thought might be the charge of such a Court as they desire, and what method they had to propose for the support of it; to which they answered that the trade there would not bear the expence, though it was but reasonable His Majesty's subjects should have some method to obtain Justice; that in May last, when Mr. Hayles said he came from Gibraltar, the inhabitants and houses, exclusive of the Garrison, were but few and poor; that formerly, to decide differences between merchants, the Governor upon application used to send a message to the Consul to examine the affair, and admit or refuse liberty to the persons concerned to leave the place as the matter appeared.
Their Lordships in conclusion recommended to these gentlemen to consider and propose any methods they might have to offer for defraying the charge of a Court of Justice at Gibraltar, and after they were withdrawn, ordered that Mr. Attorney General be acquainted that the Board desire to speak with him on Tuesday morning next.
A letter from Mr. Paxton to the Secretary, dated this day, desiring a copy of the late report of this Board to their Excellencies the Lords Justice, upon Lord Craven's petition, for the use of Mr. Attorney General, was read, whereupon ordered that he be acquainted that if Mr. Attorney please to write to this Board himself or to the Secretary, he may have a copy as desired.