Journals of the Board of Trade and Plantations: Volume 6, January 1729 - December 1734. Originally published by His Majesty's Stationery Office, London, 1928.
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Journal, November 1730
A letter from Mr. Fitzwilliam, Surveyor General of the Customs
of Virginia, Carolina and Jamaica, desiring copies of the last
Minutes of Assembly of Virginia, and of the Governor's last letter,
was read, and Mr. Fitzwilliam attending, the Board acquainted
to have them if he is complained of.
him, that if any complaints should come to this office against him, he should have copies of any of the said Minutes, which related to him.
A letter from the Duke of Newcastle, dated the 22nd of October last, referring to the consideration of the Board a paper, which the Lord Waldegrave had received from the Garde des Sceaux, upon his Lordship's communicating to him the draught of an order for evacuating of Santa Lucia, and desiring the Board's opinion upon the said paper, as also upon the right, which the French pretend to the islands of Santa Cruz and Tobago, was read, and their Lordships resolved to consider further thereof on Tuesday next.
The Secretary acquainting the Board that Mr. Sharpe had desired their Lordships would appoint some day for taking into consideration the Act, passed at Antigua in 1725–6, to enable William Gregson of London, gentleman, to sell and dispose of a certain plantation in the said island, formerly belonging to Roger Williams; their Lordships agreed to consider thereof on Tuesday morning next, and gave directions that all parties should be summoned to attend at the same time.
Ordered that a copy of the proceedings on a prosecution against Jeremiah Foolsom, for cutting mast trees without licence, in New England, mentioned in the Minutes of the 29th of the last month, be sent to Mr. Burchet, to be laid before the Lords of the Admiralty, with the desire of this Board that directions may be given for prosecuting the appeal thereupon.
Ordered that the draught of a letter be prepared to the Secretary at War, to desire he will receive the King's directions, that the detachment from Colonel Phillips' regiment in Nova Scotia, which by his instructions is to attend Colonel Dunbar during the time he is setting out the King's woods in that province, may consist of 40 men.
Mr. Paris, attorney for Mr. Gregson, attending, as he had been desired, in behalf of an Act, passed at Antigua in 1725–6, to enable William Gregson of London, gentleman, to sell and dispose of a certain plantation in the said Island, formerly belonging to Roger Williams, as also Mr. Sharpe, who opposes the said Act, with Mr. Fane, their Lordships took the same into consideration, and read Mr. Fane's report thereupon; but Mr. Paris desiring one month may be allowed him to answer the objections thereto, the Board appointed this day month for that purpose.
Mr. Sharpe desired a day may be appointed for considering the Act, passed at Pennsylvania in 1727, for establishing Courts of justice in this province, and their Lordships likewise appointed this day month for that purpose.
Act, passed at Jamaica in 1724, for vesting the equity of redemption of certain lands in the parish of St. Thomas in the Vale, late the estate of Mr. Thomas King, deceased, in Andrew Arcedeckne and Alex Harrison, Esq., and their heirs, and for enabling them to sell and dispose of the said lands for the payment of the said Thomas King's debts; be sent to Mr. Fane, for his opinion thereupon in point of law.
A letter from Col. Dunbar, dated at Boston, the 6th of October,
1730, was read, and the paper, therewith transmitted, laid before
the Board, viz:—
with a paper.
Journal of the House of Representatives of the Massachusetts Bay, from the 9th to the 26th of September, 1730, inclusive.
Order in Council approving a report from the Lords of the Committee of Council, upon the draughts of additional instructions prepared by this Board, in relation to His Majesty granting to the informer his share of the penalties inflicted on persons destroying the woods, dated the 17th of November, 1730.
Mr. Jeremiah Dunbar attending, the Board took again into consideration the letter from his brother, which was read yesterday, and another from his said brother to himself upon the same subject; and, after some discourse with Mr. Dunbar thereupon, their Lordships agreed and signed a letter to His Grace the Duke of Newcastle, with copies of the aforesaid letters.
Mr. Paxton attending, their Lordships gave him directions to finish and lay before the Board, on Tuesday next, the state of the title, which the people of the Massachusetts Bay pretend to the land between the rivers Kennebeck and St. Croix.
Capt. Coram and Mr. Dunbar attending, their Lordships acquainted them that in a few days, the aforegoing state of the Massachusetts Bay would be laid before Mr. Attorney and Mr. Solicitor General, and desired they would be ready to give them all the light they could into this matter.
Their Lordships, taking again into consideration the letter from the Duke of Newcastle referring to the consideration of the Board, a paper, which the Lord Waldegrave had received from the Garde des Sceaux, upon his Lordship's communicating to him the draught of an order for the evacuating of Santa Lucia, and desiring the Board's opinion upon the said paper, as also upon the right, which the French pretend to the islands of Santa Cruz and Tobago, read the 3rd inst., gave directions for preparing the draught of a representation thereupon.
Their Lordships then took again into consideration the Order of the Committee of Council, in relation to the Act, passed at Connecticut, for the settlement of intestates' estates, mentioned in the Minutes of the 21st of April last, and and gave directions for preparing the draught of a report thereupon.
A letter from the Duke of Newcastle, dated the 13th of November, 1730, was read, and the papers, therein referred to, laid
before the Board, viz:—
Copy of the Earl of Waldegrave's letter to His Grace the Duke of Newcastle, dated the 5–16 November, 1730.
Observations sur le projet d'Ordre de la Cour d' Angleterre pour l'evacuation de l'isle de St. Alousie, etc., remis a myLord Waldegrave par Monsr. le Garde des Sceaux, November 11th, 1730.
Projet de 1' Ordre Francais pour l'evacuation de l'isle de St. Alousie, etc., remis a mylord Waldegrave par Monsr. le Garde des Sceaux, le 11 November, 1730.
Pretensions des Francais sur les isles de St. Croix et de Tobago, remis à myLord Waldegrave par Monsr. le Garde des Sceaux, 11 Novembre, 1730.
Mr. Paxton attending, as he had been desired, as also Capt. Jackson, Capt. Coram and Mr. Dunbar, Mr. Paxton presented to the Board the state of a case for the opinion of the Attorney and Solicitor General prepared by him, relating to the title, which the province of the Massachusetts Bay pretends to have to the land between Kennebeck and St. Croix, and some questions arising thereupon with respect to the extent of Nova Scotia, during the time the French were in possession thereof, Mr. Coram and Capt. Jackson informed the Board, that the French were in possession both of Nova Scotia and of the particular tract of land in question, at the time the charter was granted to the Massachusetts Bay; that Nova Scotia was yielded to the French by the treaty of Ryswick, but was conquered by the English in 1710, and yielded to them by the treaty of Utrecht; that the French had actually built a church on the river Sagadahoc, and that the Council of war, upon the reduction of this province, had signed a memorial to the late Queen Anne, wherein they mention the country, conquered from the French, to extend from Point Gaspe to Kennebeck river, a copy of which memorial Capt. Jackson promised to lay before the Board, if he could find the same.
Their Lordships being satisfied with the state of the case so prepared, as aforesaid, gave Mr. Paxton directions to lay the same before Mr. Attorney and Solicitor General, for their opinions in point of law thereupon.
Their Lordships taking into consideration the Order of the Committee of Council upon the petition of Jonathan Belcher and Jeremiah Dummer, Esq., agents for Connecticut, about the repeal of an Act passed there for the settlement of intestates' estates and praying that His Majesty will confirm to the inhabitants of that Colony the estates they now hold under the distribution of intestates' real estates, and enable them to divide the lands of intestates, etc., mentioned in the Minutes of the 12th inst.; ordered that a letter be wrote to Mr. Fane, for his opinion, whether the King can, without the assistance of Parliament, gratify them in their request.
The Secretary laid before the Board the duplicate of an order from his Majesty in Council, dated the 12th inst., forbidding the Governor of the Massachusetts Bay to proceed any further against the new settlers under Col. Dunbar, till the title to the land shall be determined; and the same being read, ordered that the said duplicate be sent to Col. Dunbar.
Ordered that the Act, passed at Virginia in July last, for amending the staple of tobacco, and for preventing frauds in his Majesty's Customs, be sent to the Commissioners of the Customs for their opinion thereupon.
The letter to Sir Wm. Strickland, Secretary at War, desiring him to receive the King's directions that 40 men out of Col. Phillips' regiment may attend Col. Dunbar, Surveyor General of the Woods, whilst he is upon that service, ordered to be prepared the 4th inst., was sent.
Ordered that a letter be wrote to Mr. Attorney and Solicitor General, to desire they will hear all parties concerned, and let the Board have their opinion concerning the pretended right, which the people of the Massachusetts Bay have set up to the land between the rivers Kennebeck and St. Croix in opposition to His Majesty.
Mr. Wilks, agent for the Massachusetts Bay, attending, the Board acquainted him with their aforementioned reference to the Attorney and Solicitor General, that he may have an opportunity of attending them in behalf of the said province.
Mr. Fane's report upon the letter writ to him the 18th inst., relating to the requests made by the agents of Connecticut concerning the repeal of the Act, passed there, for the settlement of intestates' estates, was read, and directions were given for preparing the draught of a report thereupon.
A letter from Mr. Burchet, dated the 23rd inst., desiring a copy of the instructions to the Governor of New Hampshire, relating to the felling of wood, may be given to Dr. Sayer, the Lords of the Admiralty having referred to him the proceedings on a prosecution against Jeremiah Foolsom, for cutting trees without license there, was read, and a copy of the said instructions was ordered to be made and sent to Dr. Sayer.
The representation with the draught of an order for evacuating Santa Lucia, St. Vincent's and Dominica, agreed the 17th inst., was signed, as also a letter, for enclosing the same to the Duke of Newcastle.
A letter from the Duke of Newcastle, dated the 24th inst., was
read, and the papers, therein referred to, were laid before the
with papers from Capt. Osburn.
Copy of Capt. Osburn's letter to the Duke of Newcastle, dated the 25th of September, 1730.
The division of Newfoundland into proper districts.
Copy of the state of the garrison at Placentia.
Copy of the propositions for building a prison at Ferryland.
Copy of the petition of the Justices of the Peace at St. Johns'.
Copy of the petition of the Justices of the Peace at Placentia.
Whereupon a letter to the Duke of Newcastle, to acknowledge the receipt thereof, was signed, and to acquaint him that the Board would take these matters into consideration, when Capt. Osburn shall be returned.
A letter from General Hunter, Governor of Jamaica, dated the
19th of September, 1730, was read, and the papers, therein
referred to, were laid before the Board, viz:—
Copy of Governor Hunter's orders to the captain of the fort concerning the Spanish wreck, 31st August, 1730.
Opinion of the Council of Jamaica to Governor Hunter, concerning the Spanish wreck, 17th September, 1730.