Journal, February 1734: Journal Book L.L

Journal, February 1734

February 6. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

Newfoundland.

French settle and fish there.

A memorial from Captain Taverner, complaining of the French settling and fishing at Newfoundland, to the prejudice of the English, and contrary to the Treaty of Utrecht, was read; and Captain Taverner, who attended at the same time, informing the Board, that the French on the main continent did annually send negroes to that island, upon account of the fur trade, to the prejudice of our own fur trade there; their Lordships desired he would put in writing what he had further to offer upon that subject.

South Carolina.

Two Acts to be repealed.

The representation, ordered to be prepared the 24th of the last month, for repealing an Act, passed in South Carolina in 1696, for the encouragement of the better settlement of South Carolina, and postponing their report upon one, passed there in 1731, for appropriating £104,725 1s. 3¼d., was signed [fos. 6, 103].

February 12. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Colonel Horsey's claim of land.

The representation, ordered to be prepared the 31st of the last month, upon a memorial and petition of Colonel Horsey, with regard to his claim of 48,000 acres of land in South Carolina, was agreed [fos. 18, 32].

Newfoundland.

French trade contrary to Treaty.

A memorial from Captain Taverner, relating to the French fur trade carried on at Newfoundland, contrary to the Treaty of Utrecht, was read; and their Lordships gave directions for preparing the draught of a letter for inclosing the same, as likewise his memorial, read the 6th instant, to his Grace the Duke of Newcastle.

February 14. Present:—Earl of Westmorland, Mr. Docminique, Mr. Ashe, Sir O. Bridgeman.

Jamaica.

Rebellious negroes dangerous there.

Mr. Harris and some other merchants trading to Jamaica, attending, with Captain Smith, commander of a vessel trading to that island, Captain Smith acquainted their Lordships with the apprehension the people of Jamaica were in, on account of the four late defeats of the parties sent out against the rebellious negroes, and of the dangers they thought themselves in, of being overrun by them, unless some immediate care was taken for their preservation; their Lordships desired the merchants would put in writing what they had further to say upon that subject.

New England.

Boundaries between New Hampshire and Massachusetts.

South Carolina.

Mr. Wilks, agent for New England, attending, with Mr. Sharpe, his solicitor, as also Mr. Paris, in behalf of the Assembly of New Hampshire; a letter from him to the Secretary, inclosing a memorial to the Board, in relation to his submitting the determination of the boundaries between that province and New Hampshire to commissioners to be appointed by the Board here, from out of some of the neighbouring provinces on the continent, which were read; but their Lordships, not conceiving the said memorial, did contain so full a submission to the Board's determination, as Mr. Wilks had promised them when he last attended; Mr. Wilks desired that he might have leave to withdraw the said memorial, and promised to attend them again with one more satisfactory. Mr. Wilks and these gentlemen being withdrawn, their Lordships took into consideration the draught of a representaction, ordered to be prepared the 24th of last month, for repealing the Act, passed in South Carolina, for preventing suits and disturbances to the judges, etc., on account of the Habeas Corpus Act, and the same was agreed [fos. 16, 25].

Act to prevent delay of justice, sent to Mr. Fane.

The Secretary acquainting the Board that Mr. Scrope, in behalf of the Bristol merchants, had desired their Lordships would please to consider an Act, passed in South Carolina, to prevent any delay of justice that may be occasioned by not drawing the juries, which are to serve at the next ensuing court of common pleas, etc., passed in 1731–2 [fo. 76], and their Lordships gave directions for sending the said Act to Mr. Fane, for his opinion thereupon in point of law.

New York.

Letter from Governor, public papers.

A letter from Colonel Cosby, Governor of New York and New Jersey, of 15th December, 1733, was read, and the papers, therein referred to, were laid before the Board, viz:—
Colonel Cosby's conference with the Sachems of the Six Nations of Indians.
Account of provisions carried from New York, by the French officers, for the relief of the garrison at Louisburg.
Copy of two letters from the Governor and Intendant of Cape Breton, dated November 11th, 1733, to Colonel Cosby.
Minutes of Council, beginning November 9th, 1732, ending November 19th, 1733.
Printed Minutes of Assembly, from October 15th to November 1st, 1733.
Eight Acts, passed at New York, the 1st of November, 1733.

Act sent to Mr. Fane.

Ordered that the Act therein mentioned, entituled, An Act to repeal part of a clause in the Act therein mentioned, be sent to Mr. Fane, for his opinion thereupon in point of law.

February 15. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

South Carolina.

Report, for repealing the Act about Habeas Corpus, signed.

The representation for repealing the Act, passed in South Carolina, for preventing suits and disturbances to the judges, etc., on account of the Habeas Corpus Act, agreed at the last meeting, was signed [fo. 23].

As also the report, in favour of Colonel Horsey's claim of land.

The representation in favour of Colonel Horsey's claim of 48,000 acres of land in South Carolina, agreed the 12th instant, was also signed.

New England.

Boundaries.

The Secretary then laid before the Board a memorial he had received from Mr. Wilks, submitting to their Lordships' determination of commissioners for settling the boundaries between the provinces of the Massachusetts Bay and New Hampshire in New England, which was read, and their Lordships gave directions that Mr. Wilks and Mr. Paris should be directed to attend the Board on Tuesday morning next.

New York.

Bishop of London complains against Act, which is sent to Mr. Fane.

The Secretary also laid before the Board a letter he had received from the Bishop of London, dated the 13th instant, complaining of an Act, passed at New York, to enable the vestry of the parish of Jamaica to dispose of £60; the said letter was read, and directions were given to send the said Act to Mr. Fane, for his opinion thereupon in point of law.

Goodwin complains against an Act.

A petition of Mr. Goodwin and his wife, of St. James Market, butcher, against a private Act, passed at New York, for annulling and making void a fraudulent conveyance of Mary Davenport made to James Brown of certain lands, etc., was read, and their Lordships resolved to consider further thereof at another opportunity.

February 19. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe.

New England.

Boundaries, query to the Attorney and Solicitor General.

Mr. Sharpe, in behalf of the Massachusetts Bay, and Mr. Paris, in behalf of New Hampshire, attending again, in relation to the boundaries between the two provinces, directions were given for sending the charter of the Massachusetts Bay to the Attorney and Solicitor General, for their opinion from what point the divisional line between the two provinces ought to commence.

Jamaica.

Rebellious negroes defeated a party.

The Earl of Westmorland then communicated to the Board the extract of two letters he had received from Captain St. Loe at Jamaica, and from Mr. Halls, one of the Council of that island, relating to the defeat of a party sent out against the rebellious negroes, and the same were read.

February 20. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

South Carolina.

Appropriation Act to be repealed.

The draught of a representation proposing the repeal of An Act, passed in South Carolina in 1731, for appropriating the sum of £104,725 1s. 31/4d. towards payment of the publick debts, ordered to be prepared the 24th of the last month, was agreed [fos. 13, 45].

February 21. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgman.

Jamaica.

Rebellious negroes dangerous.

A letter from General Hunter, Governor of Jamaica, dated November 11th, 1733, giving an account of what the Assembly has done, in relation to building barracks, etc., for defence of the out settlements, and reducing the rebellious negroes, and transmitting the Minutes of the Assembly in July and August, 1733.

Letter from the Jamaica merchants, giving an account of the ill success of their parties sent out against the rebellious negroes, and the danger the inhabitants are exposed to; ordered that a letter be prepared, for inclosing to the Duke of Newcastle copies of such papers, as relate to the rebellious negroes.

Nova Scotia.

Mrs. Campbell's claim referred to Mr. Fane.

A letter from Mr. Scrope, dated February 13th, 1733–4, referring back to this Board the consideration of what is proper for the Crown to give Mrs. Campbell for her right to lands in Nova Scotia, was read, as also a memorial from Mrs. Campbell upon the same subject; and directions were given for writing to Mr. Fane, for his opinion as to the most proper manner of conveying her right to His Majesty.

February 22. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe.

Jamaica.

Account of rebellious negroes, sent to the Duke of Newcastle.

The letter to the Duke of Newcastle, ordered yesterday to be prepared, inclosing several copies of papers, relating to the rebellious negroes at Jamaica, was agreed and signed.

February 27. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Sir A. Croft.

Trade.

Treaty of commerce with Russia considered.

A letter from the Lord Harrington, of 29th January, 1733–4, referring to the Board several papers received from the Lord Forbes, relating to the articles of commerce proposed between Great Britain and the Court of Petersburgh, viz:—
Extracts of 2 letters from my Lord Forbes and Mr. Rondeau to the Lord Harrington, dated at Petersburgh, the 15th and 22nd of December, 1733.
Answer given to the 27 articles of commerce that have been proposed on the part of Great Britain.
Demands on the part of Russia, with remarks thereon.
Réplique aux réponses données aux articles proposés pour un traite de commerce, avec la Russia.
were read, and directions given for the Russia Company's attendance to-morrow sennight.

February 28. Present:—Earl of Westmorland, Mr. Docminique, Mr. Ashe, Sir O. Bridgeman.

South Carolina.

Mr. Thomas Lowndes complains of Mr. Popple, and objects to Colonel Horsey's claim of land.

Mr. Lowndes complains of the Secretary, and is ordered to attend again.

A memorial from Mr. Thomas Lowndes to the Board, objecting to Colonel Horsey's pretensions to a claim of 48,000 acres of land in South Carolina [fo. 34], and complaining of Mr. Popple, their Lordships' Secretary, on pretence that he favoured Mr. Bamfield, who continued to exercise the office of Provost Marshal of South Carolina, some time after the said Lowndes had a patent for the same, without paying any rent to Lowndes for it, was read; as also a letter to the Board, insinuating that Colonel Horsey's warrant for a grant of the said 48,000 acres of land [fo. 20] from the late Lords Proprietors, was antedated; and the Secretary laying before the Board a letter he had likewise received from Mr. Lowndes, which, though directed to him as Secretary to this Board, contained nothing of office or public business, but only general reflections upon him, the same was also read; and Mr. Lowndes being called in, Mr. Ashe acquainted him in behalf of the Board, that they desired he would attend again on Tuesday next, that he might know the sense of a fuller Board upon the subject of his memorial and letters; but in the meantime, he told him, that he could not avoid saying, that, notwithstanding his very extraordinary behaviour, which had in some measure prepossessed the Board against him, yet he might expect all the justice he could desire from them.