Journal, July 1734: Journal Book L.L

Journal, July 1734

July 2. Present:— Mr. Docminique, Mr. Pelham, Mr. Bladen.

Miscellanies.

Incident charges of this office, to Midsummer, 1734, sent to the Treasury.

The Secretary laid before the Board the account of the incidental charges of this office, from Lady Day to Midsummer, 1734, and a letter to the Lords of the Treasury, desiring payment thereof, as also of the salaries due to the Secretary and other officers in the service of this Commission, was signed.

Trade.

Duty on pit coal in Flanders.

The draught of a representation, ordered to be prepared the 26th of the last month, upon the extracts of letters from Mr. Daniel, relating to a duty proposed to be laid on pit coal imported into Flanders, was agreed.

Barbadoes.

Leeward Islands.

Stores of war wanting.

The Board then took into consideration the draught of a report, mentioned at the last meeting, relating to the stores of war wanting at Barbadoes and the Leeward Islands, and made a progress therein.

Barbadoes.

Letter from Lord House, with papers.

A letter from the Lord Viscount Howe, Governor of Barbadoes, to the Board, dated April 24th, 1734, with
Number of inhabitants, whites and blacks, in 1734.
Minutes of Council, from 17th October, 1733, to the 20th of March, 1733–4.
Minutes of Assembly, from 13th November, 1733, to April 6th, 1734, were read.

South Carolina.

Letter to the Governor.

A letter from Colonel Johnson, Governor of South Carolina, dated 30th April, 1734, giving account of publick papers sent to the agent, was also read.

July 3. Present:— Mr. Docminique, Mr. Pelham, Mr. Bladen.

Trade.

Flanders, duty on pit coal.

The representation upon the extracts of Mr. Daniel's letters, relating to a duty proposed to be laid on pit coal imported into Flanders, agreed yesterday, was signed, as also a letter, for inclosing the same to the Lord Harrington.

July 4. Present:— Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Barbadoes.

Fees, hearing against the Act for regulating fees.

Mr. Whitworth, Patent Secretary of Barbadoes, Mr. Cracherode, Patent Register in the Court of Chancery, attending, with Mr. Paris, their solicitor, against an Act, passed at Barbadoes in 1733, entituled, An Act for the better and more certain regulating and appointing the fees of the several officers and courts of this island; and Mr. Leheup, Mr. Sharpe and Dr. Tessiere, the agent of Barbadoes, attending likewise, in behalf of the said Act, the said Act, and the letter from the Lord Howe, inclosing the same, were read; Mr. Fane's report against this Act was likewise read; and Mr. Cracherode observed to their Lordships, that this Act being of an unusual and extraordinary nature, affecting His Majesty's prerogative, and the property of his subjects, by depriving them of their just rights, was a breach of his 17th instruction: that if any of the patent officers or their deputies had been any ways guilty of extortion, in demanding larger fees than were their just right, the people of the island had their just remedy at law, and therefore he conceived there could not have been any occasion for passing an Act of this nature: that as the security to be given by their deputies in Barbadoes was left to the discretion of the Governor and Council there, the Governor would have the appointment of all the officers there: that he conceived this Act was likewise contrary to the Governor's 54th instruction, requiring the Governor to countenance and give all due incouragement to the patent officers in the enjoyment of their legal and accustomed fees, etc.; and as there was no clause inserted therein for suspending its taking effect, till the King's pleasure could be known upon it, he hoped their Lordships would consider this Act as no ways proper for His Majesty's confirmation.

Mr. Sharpe then, in behalf of the island, said, that the general view of the Act must be considered in a different light, it being passed to remedy the several complaints that had been made against the excessive fees, which had been demanded and taken by the patent officers' deputies, who paid so large a rent to their principals that they were obliged to extort to enable them to do it; that he conceived this Act, so far from being repugnant to any of His Majesty's instructions, was thereby recommended to be enacted, particularly by the 36th article thereof, directing the Governor to regulate all salaries and fees, that they be within the bounds of moderation: and therefore he hoped their Lordships would please to lay this Act before His Majesty for his royal confirmation.

These gentlemen being withdrawn, and their Lordships, taking the said Act into further consideration, gave directions for preparing a draught of a representation for repealing the same.

July 9. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Barbadoes.

Report for repealing the Act for regulating fees, signed.

The representation, ordered to be prepared at the last meeting, for repealing the Act passed at Barbadoes for the further and better and more certain regulating and appointing the fees of the several officers and courts of this island, was agreed and signed.

Barbadoes.

Leeward Islands.

Report for stores of war, agreed.

The draught of a report, mentioned in the Minutes of the 2nd instant, relating to stores of war wanting at Barbadoes and the Leeward Islands, was agreed.

July 10. Present:—Mr. Docminique, Mr. Pelham.

Jamaica.

Governor's instructions reported and sent.

A representation upon the instructions for Mr. Cunningham, appointed Governor of Jamaica, was agreed and signed, as also a letter, for inclosing the same to the Lord Harrington.

South Sea Company complains of the Act laying impost on negroes.

Two Orders of the Lords of the Committee of Council, of 22nd March, 1733–4, referring to the Board the petitions of the South Sea Company, and of several merchants trading to Jamaica, praying the repeal of An Act, passed there in 1733, laying a duty of 10s. per head on negroes imported that island, were read, as also Mr. Fane's report upon the said Act, and their Lordships resolved to consider thereof to-morrow morning.

July 11. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Jamaica.

South Sea Company's petition considered.

Their Lordships taking again into consideration the two Orders of the Committee, read yesterday, agreed to talk with the South Sea Company and the merchants trading to Jamaica on Wednesday sennight.

July 16. Present:—Mr. Docminique, Mr. Pelham.

Trade.

Custom House ledger for 1728 received.

Letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, to the Secretary of this Board, dated (fn. 1) . . . . ., transmitting a copy of the Inspector General of the Custom's ledger for the year 1728, was read.

South Carolina.

Purry's state of the case of his township considered, and sent to Mr. Fane, for his answer to query.

Letter from Colonel Purry, containing a state of his case, with regard to the land within six miles of Purrysburgh, reserved by the King's instructions for the use of that township, but lately taken up by other people, was read; and their Lordships taking the same into consideration, as also the draught of the township of Purrysburgh, and a list of the grants made, and to whom; of the land within six miles of the said township, since the King's instructions, and the Governor's proclamation, reserving that land for the use of the said township; directions were given for sending a state of this case to Mr. Fane, for his opinion in point of law [fos. 106, 121, 126].
Query to Mr. Fane.
Whether the township of Purrysburgh, being, pursuant to the King's instructions, set out for the use of certain people, and the King having declared that all the land within six miles thereof shall not be taken up by any persons claiming under old grants, is not deemed an effectual taking up of the said land for the King's use, so as to invalidate the claim of any person, who subsequent to the said instruction and proclamation, shall have taken up land there?

July 23. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Mr. Fane's answer.

Mr. Fane's report, relating to the state of the case and query about the lands taken up within six miles of the township of Purrysburgh by private persons, ordered to be sent him at the last meeting, was read; and their Lordships taking the same into consideration, ordered that Mr. Fane be desired to attend the Board thereupon on Thursday morning next [fos. 120, 126].

July 24. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Jamaica.

President's letter.

Letter from Mr. Ayscough, President of the Council and Commander in Chief at Jamaica, dated 11th May, 1734, with:—
A list of arms and other things taken out of the negro town by Captain Swanton.
Major Ayscough's speech to the Assembly of Jamaica after the death of General Hunter, and the Assembly's address in answer thereto.

Extract relating to rebellious negroes, sent to the Duke of Newcastle.

And a letter to the Duke of Newcastle, with a copy of the aforementioned from Mr. Ayscough, relating to the success of their parties against the negroes in rebellion there, was agreed and signed.

South Carolina.

Mr. Shelton applies for 12,000 acres of land, consideration of it postponed.

Mr. Shelton attending, acquainted the Board that he had a warrant from the late Lords Proprietors of Carolina, granting him 12,000 acres of land, but that the Governor having lately refused to give directions to the surveyor to set out the said land, he desired the Board would please to order the Governor to set out the said land; the Board upon this acquainted Mr. Shelton, that the draught of a law to settle the quit rents of the province, upon which in great measure the validity of the grants from the late Lords Proprietors would depend, was now under consideration before the Attorney and Solicitor General, and that the Board would take Mr. Shelton's warrant under consideration, so soon as the said draught of an Act should be agreed; and in the meantime, ordered that a letter should be wrote to the Attorney and Solicitor General to remind them thereof.

Jamaica.

South Sea Company against imposts on negroes.

Hearing relating to impost on negroes postponed.

Mr. North attending, desired, in behalf of the South Sea Company, the copy of the 80th article of Mr. Cunningham's instructions, for preventing any impositions on the importation of negroes in Jamaica; but their Lordships acquainted him, it was not usual to give copies of the King's instructions to any of his Governors, especially before they were approved by the Crown; Mr. North then said, that the reason why he had made this application in behalf of the South Sea Company was, because they were informed that an Act was passed in Jamaica last February, for laying a duty on negroes imported, to be in force from this month for a year, and that they had already petitioned the King for the repeal thereof, which petition would be referred to the Board in a few days; the Board then resolved to defer the consideration of the petitions and Orders of the Committee referring the same, mentioned in the Minutes of the 11th instant, till the new petition from the South Sea Company shall come referred hither; and ordered that the South Sea Company and those Jamaica merchants, who were desired to attend on Wednesday next, have notice thereof.

Barbadoes.

Leeward Islands.

Report for stores of war wanting.

The report to the Lords of the Committee of Council, relating to stores of war wanting at Barbadoes and the Leeward Islands, agreed the 9th instant, was signed.

July 25. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

South Carolina.

State of Mr. Purry's case, relating to his township, considered.

Purrysburgh.

Mr. Fane attending, as he had been desired, the Board took again into consideration his report, relating to lands taken up by private persons, subsequent to the King's having reserved those lands for the township of Purrysburgh, read the 23rd instant; and, after some discourse with him thereupon, ordered that a state of this case be sent to Mr. Attorney and Solicitor General; and that they be desired to let the Board have their opinion upon the following query, viz:—
Query sent to Attorney and Solicitor General.
Whether the King's instructions together with the Governor's proclamation, giving publick notice thereof, which proclamation was subsequent to the marking out the township of Purrysburgh, and previous to the surveys encroaching upon the six miles round about the said township, shall have sufficiently ascertained the property of the six miles circumjacent to the said township, so as to secure the same from being taken up by any other persons, by virtue of any general grants or warrants from the late Lord Proprietors?

July 30. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

South Carolina.

Orders of the Committee, state of the province.

Order of the Committee, of 23rd July, 1734, referring to the Board a representation from the Governor, Council and Assembly of South Carolina, relating to the state of that province.

Appropriation Act.

Order of the Committee, of 23rd of July, 1734, referring to the Board a remonstrance from the Governor, Council and Assembly of South Carolina, and a petition from Colonel Purry, in behalf of the Appropriation Act, as also a report of the Board against the same [fos. 45, 128];

And the Secretary acquainting the Board, that Mr. Wragg and some other merchants, trading to South Carolina, had desired copies of the said papers; ordered that they have a copy of that, which relates to the Appropriation law.

July 31. Present:—Mr. Pelham, Mr. Bladen, Sir A. Croft.

State of the province, and Appropriation Act.

The Board taking again into consideration the two Orders of the Committee upon the state of South Carolina, and Appropriation Act of that province, both read yesterday, ordered that Mr. Oglethorpe, the agents for the province, and the merchants be acquainted with the Board's desire of speaking with them upon this subject on Wednesday morning next.