Journals of the Board of Trade and Plantations: Volume 5, January 1723 - December 1728. Originally published by His Majesty's Stationery Office, London, 1928.
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Journal, December 1725
Sir Nathaniel Lloyd, His Majesty's Advocate General, attending, as he had been desired [folios 266, 272], their Lordships took again into consideration the papers sent by the Duke of Portland, Governor of Jamaica, relating to the condemnation of some indigo at Jamaica, mentioned in the Minutes of the last meeting, and desired that Sir Nathaniel would give their Lordships his opinion in relation to the said condemnation, to which he said, that although the said sentence were erroneous, yet, as it had been given by the Admiralty Court in Jamaica in a legal way, it must stand good, till reversed by a superior court, and that the parties, who found themselves aggrieved by the said sentence, should have appealed in fourteen days, but as he did not observe that there had been any attempt made towards an appeal, he thought it was now too late.
A letter from Mr. Wentworth, Lieutenant Governor of New
Hampshire, dated the 21st of January, 1724–5, was read, and the
papers, therein referred to, were laid before the Board, viz:—
Account of gunpowder expended at Fort William and Mary, from the 28th of May, 1723, to the 28th of May, 1724, and of Stores remaining in the fort the 28th of May, 1724.
An Act in addition to the Act entituled, An Act for the settlement of the Parishes of the Town of Portsmouth, passed in 1723.
An Act in addition to an Act made in the 13th year of King William the 3rd impowering Sherifs, Under Sherifs, Deputies or Constables to demand aid or assistance in the execution of their respective offices, passed in 1724.
An Act to levy a tax of £500 on the Poles and Estates within this Province, passed in 1724.
An Act to ascertain the time for the redemption of Lands mortgaged on consideration or by Deed of Sale with defeazance, passed in 1724.
An Act for calling and electing an Assembly once in three years, passed in 1724.
An Act for granting to His Majesty an Excise on several liquors, passed in 1724.
Ordered that Mr. Dummer, agent for Connecticut, and Mr. Partridge, agent for Rhode Island, be acquainted that the Board are ready to hear what they have to offer, in relation to the settling of the boundaries between the said two Provinces on Thursday morning next at 11 o'clock [folio 275].
A letter from Colonel Armstrong, Lieutenant Governor of Nova
Scotia, was read, and the papers, therein referred to, were laid
before the Board, viz:—
Minutes of Council the 11th of August, 1725.
Colonel Armstrong's observations, in relation to the advantages that might accrue to Great Britain, if Nova Scotia were thoroughly peopled, etc.
An account of those who had fishing rooms, with their situation, laid out to them by order of the Government in Canso.
A survey of the species and quantities of provisions at Canso.
List of ships, etc., that have cured fish, and the quantities of merchantable quintals exported from Canso to foreign markets in 1725.
Mr. Da Costa, attending with Mr. Sharpe, his solicitor, as he had been desired, in relation to some indigo, which had been seized and condemned at Jamaica, (mentioned in the Minutes of the 25th of last month) [folios 267, 279], their Lordships, after some discourse with them thereupon, as also with Mr. Stevenson, agent for the said Island, and with Mr. Chamberlaine, who attended in behalf of Colonel Haywood, during whose adminstration the said indigo had been seized and condemned, gave some directions for preparing the draught of a representation thereupon.
Colonel Philips, Governor of Nova Scotia, attending, as he had
been desired [folio 271], their Lordships took into consideration
and read a letter from him, dated the 17th of November, 1724,
as also the several papers therein referred to, viz:—
A memorial from the inhabitants and others at Canso.
A list of the fishing rooms at Canso.
A list of all the vessels that arrived at Canso on account of the fishery in 1724.
Copy of a certificate given by Major Cosby for rooms laid out at Canso.
Copy of Major Cosby's order for the regulating of all matters and differences in Canso.
Their Lordships also considered the letter from Colonel Armstrong, Lieutenant Governor of Nova Scotia, mentioned in the Minutes of the 1st instant, and after some discourse with Colonel Philips upon these letters, their Lordships desired he would lay before them in writing a full state of the said Province, which he promised to do accordingly.
Mr. Fane attending, their Lordships took into consideration his report upon a state of a case and queries sent to him the 4th of the last month [folio 246], in relation to the tryal of Mr. White for the murther of one Cary in the Virgin Islands, which was read; and their Lordships, after some discourse with Mr. Fane thereupon, gave directions for sending a copy of the said case and queries to Mr. Attorney and Solicitor General, for their opinion in point of law, as soon as may be.
Mr. Partridge, agent for Rhode Island, attending, as he had been desired [folios 270, 281], with Mr. Willes and Mr. Pratt his counsel, and Mr. Sharpe his solicitor, as also Mr. Dummer, agent for Connecticut, with Doctor Andrews and Mr. Marsh his counsel, in relation to settling the boundaries between those Colonies, upon which this Board reported the 22nd of March, 1722–3, their Lordships took again into consideration the Order of Council, dated the 17th of July, 1723, (mentioned in the Minutes of the 31st of this month), directing the Board to reconsider their said report, and inquire whether those two Colonies were willing to submit themselves to His Majesty's government.
Their Lordships also read and considered a letter from Mr. Partridge, dated the 10th of February, 1723–4, mentioned in the Minutes of the 14th of the same month, inclosing one to him from the Government of Rhode Island, dated the 26th of November, 1723, signifying their unwillingness either to be annexed to the Government of New Hampshire, as proposed by this Board's report abovementioned, or to surrender their Charter.
A letter from the Governor and Company of Connecticut to this Board, dated the 28th of October, 1723, as also one from them to Mr. Dummer, their agent, of the same date, (both mentioned in the Minutes of the 12th of August, 1724), to the purport of that before mentioned from Rhode Island, were again likewise read and considered.
Their Lordships then heard what Mr. Willes and Mr. Pratt had to offer in behalf of Rhode Island, setting forth that the Eastern bounds prescribed by the Connecticut Charter, (which had been surreptitiously obtained, and previous to that of Rhode Island), were not sufficiently described; but these Colonies lying contiguous, and the Western bounds of Rhode Island being sufficiently ascertained by their Charter, they apprehended there could be no doubt with respect to the Eastern bounds of Connecticut; and therefore prayed that the boundary of Rhode Island, mentioned in their petition and described in their Charter, might be established as the limits between the two Colonies, and concluded by desiring that they might not be compelled to surrender their Charter.
A letter from Captain King, inclosing an order for dismissing a Bill in Chancery filed against him by Mr. Gordon, Minister at Barbadoes [folio 179], and desiring their Lordships to report upon the Act, passed at Jamaica in 1722, entituled, An Act for encouraging the speedy settling of the Plantation commonly called Pero or Pera Plantation, situate at Port Morant in the Parish of St. Thomas in the East in this Island, and for obliging all persons entitled to the equity of redemption thereof to redeem the same by a prefixt time, was read.
The draught of a representation upon Mr. Miranda's petition, in relation to some indigo seized and condemned at Jamaica [folios 272, 286], directed to be prepared the 2nd instant, was agreed and ordered to be transcribed.
Ordered that Mr. Attorney and Mr. Solicitor General be reminded of the secretary's letter to them of the 17th of August last, desiring their opinion in point of law upon several queries therein inclosed, in relation to some grants of land made by Colonel Spotswood, late Governor of Virginia [folio 9].
A letter from Colonel Hart, Governor of the Leeward Islands,
dated at St. Kitts, the 20th July, 1725, was read, and the papers,
therein referred to, were laid before the Board, viz:—
Papers relating to Mr. Smith's complaint against Colonel Hart.
Duplicate of Lord Carteret's letter to Colonel Hart, Governor of the Leeward Islands, in relation to Mr. Smith's succeeding Mr. Knight as secretary there.
The address of the Council and Assembly of the Island of St. Christophers to His Excellency John Hart, Esquire, together with affidavits relating to the complaint of Wavel Smith and Savile Cust.
Mr. Smith [folio 58], secretary to the Leeward Islands, attending, presented to the Board a petition, which was read, setting forth that he had received advice from his deputies at the Leeward Islands that Colonel Hart had now sent over his answers to the complaints exhibited against him, and praying that he may be allowed copies thereof, and that their Lordships will please to appoint a day for hearing by his counsel upon the said complaints and answers.
Their Lordships, having last Thursday appointed this day to proceed in hearing the parties concerned, in relation to settling the boundaries between the Colonies of Rhode Island and Connecticut [folio 275], and Mr. Partridge attending, with Mr. Willes and Mr. Pratt, his counsel, and Mr. Sharpe, his solicitor, in behalf of the Colony of Rhode Island, as also Mr. Dummer with Doctor Andrews and Mr. Marsh, for his counsel, in behalf of Connecticut.
Mr. Willes then referred to the proofs read at former hearings,
and desired that several papers relating to this matter might be
read, as they were accordingly, viz:—
An award made by arbitrators for settling the boundaries between Rhode Island and Connecticut, agreed to by the agents of both Colonies in 1663 [Bundle R. 29].
A resolution of the General Assembly of Connecticut appointing commissioners to settle the boundaries with Rhode Island in 1702.
The boundaries between Connecticut and Rhode Island, settled by the said commissioners in 1703 [Bundle R. 33].
Copies of three papers relating to a commission for enquiring into the title to the Narraganset Country in 1683 [vide New England Papers, Vol. 3d., folios 230, 232, 234].
Copy of a letter from the Governor and Company of Connecticut, dated the 1st of June, 1720, to the Governor and Company of Rhode Island, and of their answer, dated the 7th of July, 1720, with a copy of a second letter from them to the Governor and Company of Connecticut, dated the 18th of August, 1720, in relation to the boundaries between the two Colonies.
Then Doctor Andrews and Mr. Marsh, counsel for the Colony of
Connecticut, said, in substance as follows, viz:—
That the Charter granted to the colony of Connecticut was prior to that to Rhode Island, and that for this reason the boundaries of the Connecticut Colony could not be altered by the subsequent Charter granted to Rhode Island, and that this latter was void in law; that the Narraganset River was agreed by both parties to be the boundary between the two Colonies; but the dispute was about the situation of the River called by that name; that the Paucatuck River, alledged by the Rhode Islanders to be the Narraganset, could not be so, because in that case the Plymouth patent, being bounded by the Narraganset River, would include all the land in question, and that therefore the Pautucket River must be the Eastern boundary to the Colony of Connecticut, it being, by the abovementioned grant of the Council of Plymouth, called Narraganset, and fixed as their Western boundary.
They then referred to the several papers mentioned at a former hearing upon this affair the 15th day of February, 1722–3, which were again read.
Mr. Willes desired to observe to their Lordships by way of reply, that Pautucket was never called Narraganset River, and produced affidavits to this purpose; and as to what Doctor Andrews observed, in relation to the situation of Narraganset River, Mr. Willes said he hoped it would not be admitted, as it was not doubted but that Rhode Island was a colony, which could not be, allowing the Doctor's argument, because in one case Connecticut would contain the land in dispute, and in the other the Plimouth Patent, and that it was impossible that the Pautucket could be the Narraganset in the Connecticut Charter, because it is there described to be where it empties itself in the sea, which Pautucket nowhere does, but the Paucatuck falls into the sea agreeable to the description in their Charter.
Mr. Lewis Thomas and Mr. Rowland Fry attending, presented
to the Board a letter and several papers from the Council of
Antego, which were read, viz.: —
A letter from the Council of Antego to the Board [folio 158], dated the 19th June, 1725, transmitting.
Several papers relating to the difference between Colonel Hart, Governor of the Leeward Islands, and the Council of Antego.