Journals of the Board of Trade and Plantations, Volume 6, January 1729 - December 1734. Originally published by His Majesty's Stationery Office, London, 1928.
This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.
Journal, April 1732
The draught of a representation upon Mr. Belcher's petition, mentioned in the Minutes of the 23rd of the last month, against appointing Mr. Atkinson of the Council of New Hampshire, was agreed and ordered to be transcribed.
An Act to subject the unimproved lands within this province, belonging to non resident proprietors, to be sold for payment of taxes or assessments levied on them by order of the Great and General Courts.
A petition from the merchants, etc., trading from Bristol to Newfoundland, complaining of the justices there, and a letter from Captain Clinton upon the present state of the trade of Newfoundland, were read, and the draught of a representation was ordered to be prepared upon the Duke of Newcastle's letter, read the 9th of the last month, relating to the disorders committed at Newfounland.
The draught of a representation, ordered to be prepared the 28th of the last month, relating to some incroachments made by the French on the territories of New York, was agreed and ordered to be transcribed.
Their Lordships, taking again into consideration the volume of laws of the colony of Connecticut, transmitted with Mr. Van Dam's letter of the—, read the—, gave directions for sending the said laws to Mr. Fane, for his opinion whether some of them are not repugnant to the laws of this kingdom.
The representation, ordered to be prepared the 4th instant, relating to the disorders committed at Newfoundland, was agreed and signed, as also a letter, for inclosing the same to the Duke of Newcastle.
The representation, relating to some incroachments made by the French in the territories of New York, agreed at the last meeting, was signed, and a letter, for enclosing the same to the Duke of Newcastle.
A letter from the Duke of Newcastle of the 9th December, 1731, referring to this Board a petition of the Governor of Rhode Island, and another from several gentlemen, merchants and others there, complaining of an Act for emitting bills of credit, and the damages sustained by such bills many years past, was read, and their Lordships, taking into consideration the letter from Mr. Kay, and the papers, therein referred to, mentioned in the Minutes of —, gave directions for sending copies of the said address, petition and Act for emitting the £60,000 in bills of credit, as likewise of the Rhode Island charter, to Mr. Attorney and Solicitor General, for their answers to the queries in the abovementioned address, and their opinion whether the King has any right to repeal the said Act.
A letter from Mr. Burchet, Secretary to the Lords of the Admiralty, dated the 13th of April, 1732, relating to the preparing heads of inquiry for the Captains of the men of war, appointed to protect the trade and fishery at Newfoundland and Canso, was read, and their Lordships gave the necessary directions accordingly.
A letter from the Duke of Newcastle, dated the 9th of February, 1732, referring to the Board a petition from Mr. Worseley, the late Governor of Barbadoes, in relation to the arrears of salary due to him from that Island, was read; and their Lordships taking the same into consideration, as likewise the Act for supporting the honour and dignity of the government, passed in 1722–3, gave directions that Mr. Fane should be desired to attend the Board on Tuesday next.
A letter from Mr. Belcher, Governor of the Massachusetts Bay, giving an account of the death of Colonel William Tailor, Lieutenant Governor of this province, and recommending Captain Paul Mascarene to succeed him, was read; and their Lordships resolved to consider further thereof.
Their Lordships then taking again into consideration the report from the Attorney and Solicitor General upon the petitions of Mr. Waldoe and others, concerning the right to a tract of land between the rivers Kennebeck and St. Croix, read the 1st of September, 1731, gave directions for preparing the draught of a representation thereupon.
Mr. Fane attending, as he had been desired, their Lordships after some discourse with him upon Mr. Worseley's petition, read at the last meeting, concerning the arrears due upon the Act, passed at Barbadoes in 1722–3, for supporting the honour and dignity of the Government, gave directions that the Act and petition should be sent to Mr. Fane, for his opinion concerning the methods therein proposed for recovering the said arrears.
Two Orders of the Committee of Council, dated the 3rd of February last, approving John Morris and John Duer, Esquires, to be of the Council of Antigua, and requiring their names to be inserted in the future Governor's instructions, were read.
A letter from Colonel Morris, desiring that the two gentlemen, before mentioned, may be immediately appointed of the Council of Antigua, was read, and directions were given for preparing a report to the Lords of the Committee accordingly.
An Order of the Committee of Council, dated the 9th of last month, referring to the Board a representation of Mr. Vatt, in behalf of Mr. Purry, praying a grant of 48,000 acres of land in South Carolina, was read, and directions were given for acquainting Mr. Purry's agent and the agent for South Carolina with the Board's desire of speaking with them on Tuesday morning next.
An Order of the Committee of Council, dated the 23rd of last month, referring back to this Board their report of the 9th of the same month, to take proof and evidence of all the matters alledged in the said report, and to inform themselves of the annual amount of the quit rents paid to the Lords Proprietors of the Bahama Islands, was read; and directions were given for enclosing a copy of the said report to Sir Charles Wager, and to desire he will inform the Board, when he and the other lessees can be ready to lay the said proofs before the Board.
The heads of inquiry for Captain Fytche, who is going to protect the fishery at Canso, desired to be prepared by Mr. Burchet's letter of the 13th, and read the 14th instant, were agreed and ordered to be sent.
Mr. Vatt, agent for Mr. Purry, attending, as he had been desired, as also Mr. Furie, agent for South Carolina, the Board took again into consideration the Order of the Committee concerning a grant of 48,000 acres of land in the said province, read the 20th instant, and desired Mr. Vatt would inform the Board whether Mr. Purry proposed to settle the 600 Swiss upon the 48,000 acres of land, which he petitions for; to which Mr. Vatt said, that Mr. Purry did not, intending that grant as a security to those persons, from whom he intended to borrow the money that was necessary to defray the charge of transporting the said Swiss: that he could not raise a sufficient sum upon a less quantity of land, and therefore desired the Board would report in favour of Mr. Purry's petition, upon which the Board resolved to consider further thereof at another opportunity.
A letter from Mr. Burchet, dated the 21st instant, signifying that Captain Falkingham is appointed to go to Newfoundland in the room of Captain Clinton, the late Governor, and desiring that the usual heads of inquiry may be made out for him, was read; and the Secretary acquainting the Board that he was informed His Majesty's directions would soon be signified to the Board to prepare the draughts of commissions and instructions for the said Captain Falkingham to be Governor of Newfoundland, their Lordships resolved to postpone the consideration of this matter for some time.
A letter from Mr. Byfield, Judge of the Admiralty in the
Massachusetts Bay, dated the 22nd of February, 1731–2, with a
representation from himself to this Board, was read, and the
papers, therein referred to, were laid before the Board, viz:—
Copy of Mr. Byfield's plea upon a suit against him for extorsively taking more than his fee.
Printed copy of an Act, passed in the Massachusetts Bay, in 1731, for the relief of and to prevent the oppression of debtors.
Printed copy of a letter published at Boston, dated the 31st January, 1731–2.
State of the case upon which Mr. Byfield is sued on account of his fees.
Attested copies of several papers, under the seal of the Massachusetts Bay, relating to a prosecution against Mr. Byfield concerning his fees.
A letter from Mr. Belcher, Governor of New England, dated the 23rd of February, 1731–2, with the votes of the House of Representatives, from the 6th December, 1731, to the 2nd of February following, was read.
Their Lordships, taking again into consideration Mr. Vatt's representation, in behalf of Mr. Purry, praying for a grant of 48,000 acres of land in South Carolina, mentioned in the Minutes of the 25th instant, gave directions for preparing the draught of a report thereon.
Their Lordships then gave directions for preparing the draughts of representations upon the draughts of instructions, agreed the 22nd of the last month, for Colonel Cosby, appointed Governor of New York and New Jersey.
A letter from the Duke of Newcastle, dated this day, signifying His Majesty's pleasure that draughts of a commission and instructions should be prepared for Captain Falkingham, appointed Governor of Newfoundland, was read, and the draughts of a commission and instructions were ordered to be prepared accordingly.
Mr. Fane attending, as he had been desired, their Lordships took again into consideration the letter and papers from Mr. Byfield, Judge of the Admiralty in the Massachusetts Bay, read the 26th instant, acquainting the Board with his being under prosecution there on account of his fees. And after some discourse upon this subject Mr. Fane acquainted the Board, that in his opinion Mr. Byfield's having taken for a fee due to him of twenty shillings province bills, sufficient to answer the amount of the same fee at the time that fee was settled, could not be deemed extortion, and that he believed a prosecution would not lie against him for it. The Board then resolved to consider further of this matter at another oppotunity.