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, April 1729
A letter from his Lordship, dated at St. Christophers the 16th
of January, 1728–9.
Mr. Estridge's vindication of his claim of Presidency of the Council at St. Christophers.
Mr. Phipps's answer.
Mr. Estridge's reply.
Rejoynder of Mr. Phipps.
And their Lordships taking the said letters from Mr. Estridge and Mr. Phipps into consideration, agreed that Mr. Estridge, although Mr. Phipps might have been first appointed of the said Council by the Governor, should keep his precedence, His Majesty having not only appointed him prior to Mr. Phipps but continued him in the same rank ever since, in the instructions to General Hamilton, Colonel Hart and the Lord Londonderry.
Mr. Mayle's memorial, praying relief on account of his brigantines being seized at Philadelphia for want of a register, was read. And their Lordships gave directions for preparing the draught of a letter to Mr. Gordon, Lieutenant Governor of Pennsylvania, in his behalf.
The fifth line of the 2nd page and part of the 6th to the word, without, to be struck out, and the following words inserted in lieu thereof, viz: Notwithstanding the said trees do grow within the limits of any township laid out or to be laid out hereafter. The blank in beginning in the 22nd line of the same page to be filled up with the words Twenty four inches, and the blank in the next line after the word, at, with the words Twelve inches. The two blanks in the 26th line of the same page to be filled up with the words, Seventh and October. The blank in the next line to be filled up with 1690. The following words in the 30th and 31st lines of the same page to be struck out, viz: And growing within some fence or actual inclosure. The blank in the 33rd line of the same page to be filled up with the words Twenty four inches, and that in the next line with the words Twelve inches. The first blank in the 37th line of the same page to be filled up with the word Seventh, and the 2nd blank there with October, 1690. The two blanks in the 40th line of the said second page to be filled up with the words Forfeitures and Penalties, and the blank in the 45th line of the same page with the word Forfeiture. The fifteen blanks in the 3rd page were filled up with the following words in red, viz: 1st blank 29, 2nd blank September, 3rd blank Forty, 4th blank One pound, 5th blank Eight, 6th blank Thirty one gallons and an half, 7th blank Two pounds four shillings, 8th blank Twenty, 9th blank Eight, 10th blank Ten shillings, 11th blank Twenty, 12th blank Eight, 13th blank One pound ten shillings, 14th blank Twenty, and 15th blank Two. The four following blanks in the 4th page were filled up in like manner with the 3rd page, 1st blank Two, 2nd blank One pound, 3rd blank, 29th, and the 4th blank September next. And in the said 4th page in the 45th line after the word, pose, and before the word, which, the following words were inserted,—Or unless he or they do produce or cause to be produced to the proper officer or officers, who do allow and pay for the same, an affidavit or affidavits sworn to by some credible person or persons before the Collector or Naval Officer, where the said masts, yards and bowsprights were put on board, that the said masts, yards and bowsprights were cut on lands, which did belong to and were the property of A.B. with his, the said A.B.'s license and consent. And that the said masts, yards and bowsprights did not belong to His Majesty, and were not felled within the limits of any of His Majesty's woods.
And in the same line after the word, certificate, and before the word, the, the following words were added or affidavit, and at the latter end of the said line after the word, Deputy, there is added Collector or Naval Officer. The seven blanks in the 5th page were filled up in the following manner, 1st blank Twenty, 2nd blank 29th, 3rd blank September, 4th blank 1729, 5th blank forfeit and lose, 6th blank double, 7th blank Moiety. The four blanks in the 6th page were filled up in the following manner, 1st blank Moiety, 2nd blank Penalties, 3rd blank Forfeitures, 4th blank Penalties. In the 7th page the blanks were filled up with the words following, 1st blank Four pounds, 2nd blank Eight, 3rd blank 31 gallons and one half. In this page part of the 35th and 36th line was struck out, and the following words were inserted in lieu thereof during the continuance of this Act. The 4th blank in the 45th line was filled up with the words All customs and impositions. The nine blanks in the 8th page were filled up with the following words, 1st blank, 29th, 2nd blank September next, 3rd blank Three months imprisonment without bail or mainprize, 4th blank Six months imprisonment without bail or mainprize, 5th blank Two, 6th blank be removed from his Government, 7th blank 29th, 8th blank September, 9th blank Twenty nine. The eight blanks in the 9th page were filled up with the following words, 1st blank Sixteen, 2nd blank Forty, 3rd blank One pound, 4th blank Twenty, 5th blank Two, 6th blank Two, 7th blank 2, and the 8th blank Two. The eight blanks in the 10th page were filled up with the following words, 1st blank The term of twenty, 2nd blank Pains, 3rd blank Penalties, 4th blank Persons committing willfull and corrupt perjury, 5th blank One hundred pounds, 6th blank Moiety, 7th blank Moiety, 8th blank Pains and penalties. And the ten blanks in the 11th page were filled up with the following words, 1st blank One hundred pounds, 2nd blank Forfeited, 3rd blank 29th, 4th blank September next, 5th blank Penalties, 6th blank Penalties, 7th blank Forfeitures, 8th blank Thirteen, 9th blank 29th, and the 10th blank September, 1729, and from thence to the end of the next session of Parliament.
The draught of a latter to Mr. Gordon, Deputy Governor of Pennsylvania, ordered to be prepared the 16th instant, upon Mr. Mayle's memorial then read, in relation to his ships being detained at Philadelphia for want of having been registered in this kingdom, was agreed and ordered to be transcribed.
A letter from the Duke of Newcastle, dated yesterday, referring to the Board the copies of some letters from the Deputies of the Surveyor of the Woods in America, in relation to the destruction committed therein and to their want of a sloop, was read, as also a letter from Mr. Dunbar upon the same subject.
An Order from the Lords of the Committee of Council, dated the 19th instant, referring back to the Board their report of the upon Mr. Dunbar's proposal for settling some Irish and Palatine families to the eastward of Kennebeck in Nova Scotia, for the Board's objections to their settling in that place; or if they had none, for the Board to report their opinion whether it might not be advisable for His Majesty to appoint a Governor over them, etc., was read. And their Lordships resolved to consider further thereof on Tuesday next, as also of the aforesaid copies of letters from Mr. Dunbar's deputies.
A memorial from Mr. Beake, agent for St. Christophers, desiring the Board's report upon several Acts passed in this Island, was read. And their Lordships resolved to consider some Acts of St. Christophers to-morrow morning.
The Secretary then laid before the Board the draught of a letter, ordered to be prepared to the Lord Londonderry, Governor of the Leeward Islands, the 28th of the last month, and agreed to proceed further thereon to-morrow morning.
An Act for supplying a defect in an Act, passed in this present year of His Majesty's reign, entituled, An Act for laying of certain duties upon sugars, molasses and other goods of the growth and manufacture of the Island of St. Christophers to be exported out of the said Island.
The Board then considered the Act, passed in June, 1724, for building a court house or public hall, Secretary's and other offices, at the town of Old Road in the Island of St. Christophers and to oblige the Secretary and other officers to keep their respective offices in the said town; as also Mr. Fane's report thereupon, which was read, and gave directions for preparing the draught of a representation for confirming the same.
Their Lordships took again into consideration the Naval Store Bill, mentioned in the Minutes of the 17th instant, and the amendments thereto then proposed, and made a progress in the consideration thereof. Ordered that a letter be writ to Mr. Oxenford for an account of the quantity and value of iron manufactures exported from hence to the Plantations for ten years passed.
Mr. Gerrish attending, as he had been desired, in relation to the Act for laying duties on sugars, etc., and the Act for supplying a defect in the Act for laying duties on sugars. etc., both passed at St. Christophers in 1728, mentioned in the Minutes of the 23rd instant; their Lordships took the said Acts into consideration, and Mr. Gerrish was desired to attend again on Wednesday next.
Mr. Sharpe attending, desired the Board would please to consider the papers, read the 9th instant, in relation to the dispute between Mr. Estridge and Mr. Phipps, two of the Council of St. Christophers. And their Lordships acquainted him that they had already considered thereof, and were of opinion that Mr. Estridge had the right of precedence in the said Council.
Mr. Dodington, one of the Commissioners of the Treasury, Mr. Cokburne, one of the Commissioners of the Admiralty, Sir George Saunders, Sir Jacob Ackworth, Mr. Fawler and Mr. Pearse, Commissioners of the Navy, being present, the Board took into consideration the draught of the Naval Store Bill, mentioned in the Minutes of the 24th instant, and agreed to propose the following amendments, viz:—
In the 32nd line of the 3rd page the words Ten shillings were struck out, and the words Sixteen shillings were put in. The 13th, 14th and part of the 15th line to the word shall in the 5th page were struck out. The 23rd and part of the 24th line of the same page was struck out, and the words following were inserted in lieu thereof Paid to him the full amount of the premiums that are allowed by this Act for the like quantity of. The three last words of the 24th line, the 25th line and part of the 26th line were struck out. Part of the 27th line in the said page, the 28th and part of the 29th line were struck out, and the following words put in Bill or Bills made out for premiums by virtue of this Act. Part of the 32nd line and the 33rd line were struck out. The word so in the 34th line was struck out, and the following words were put in shall not be. The word back in the 36th line of the same page was struck out. The word or in the 37th, the 38th line and part of the 39th line were struck out. The three last words of the 40th line were struck out, and the following words put in Premium Bill or Bills.
The two last words of the 45th line, the 46th line and the greatest part of the 47th line in the same page were struck out. The words the same in the 48th line were struck out, and the words following put in such naval stores. And the syllable re in the said line which joyned to paying was struck out. In the 6th page, the 7th, 8th, 9th, 10th, 11th, 12th and 13th lines were struck out. In the 9th page the word net was struck out, and the following words in the 6th line put in— regularly converted and hewed at least into eight squares sound fresh.
Mr. Gerrish attending, as he had been desired, with Mr. Harris, Captain Bonham, Mr. Fitter, Mr. Day, of Bristol, and some gentlemen of Liverpool, as also Mr. Beake, agent for St. Christophers, the Board took again into consideration and read the two St. Christophers' Acts, mentioned in the Minutes of the 25th instant, viz: an Act for laying duties on sugars, etc., and an Act for supplying a defect in the Act for laying duties on sugars. And after some discourse with these gentlemen thereupon, they were desired to put into writing and lay before the Board what objections they had against confirming these Acts, which they promised to do in a few days, and desired that they might have a copy of these Acts, which was ordered accordingly.