Journals of the Board of Trade and Plantations, Volume 7, January 1735 - December 1741. Originally published by His Majesty's Stationery Office, London, 1930.
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Journal, November 1736
The Board take again into consideration the papers, mentioned in the last minutes, containing complaints against Mr. FitzWilliams, Governor of the Bahamas; and their lordships asking Mr. Colebrooke what he knew of the said complaint, he desired to read the same; their lordships then delivered to Mr. Colebrooke Mr. Jackson's memorial to read, and desired the gentlemen to withdraw for the present, till Mr. Colebrooke could have time to read the same.
Two letters from Lord Harrington, inclosing two papers, relating to a prohibition of our shalloons, etc., in Denmark, were read; and the secretary acquainting the Board that he had applied to Lord Harrington's office, for a copy of the ordinance, prohibiting the said importation referred [to], in Lord Harrington's letters, but not sent therewith; a letter from Mr. Wace, chief clerk in Lord Harrington's office, signifying his having wrote to Denmark for a copy of the said ordinance, was read; and the Board agreed to postpone the consideration of this affaire, till that ordinance shall be received. [v. 13th and 14th May and 26th inst.]
Mr. Smith, secretary to the Leeward Islands, attending, a letter from him to the secretary, desiring the Board would report upon the two St. Christophers Acts, mentioned in the minutes of the 26th ult., was read; and the Board observing by the said letter, that Mr. Smith desires the Board would appoint some day for hearing him further upon the said Acts, he was acquainted, that if any new evidence was admitted on the other side, it would likewise be admitted on his; ordered that Mr. Coope, agent for St. Christophers, be directed to attend the Board to-morrow morning upon this subject.
Mr. Colebrooke and the same gentlemen attending again, said he had read the memorial; and being sworn, said that as to the following facts, mentioned in the said memorial, he saw Mr. Jackson's wounds, but did not see Mr. Fitz-Williams give him the blow; but that he heard the quarrel arose about some bales of goods marked F.W., as mentioned in the said memorial; the Governor's keeping a shop is known to all the country, much like what is called a country mercer; he has bought hogs and sheep, killed them and sold them in joints; he, Colebrooke, has sold him goods, and bought goods from his own shop, has agreed with him for them, but never was paid, but in goods, out of his shop; the displacing the chief judge, and appointing one Scot, upon the tryal of Petty and Lawford, who were imprisoned, as stated in Jackson's memorial, is true; Colebrooke has seen the soldiers employed by Mr. Fitz-Williams on his private affaires; has heard they complain for want of being paid; but seventeen did duty in the fort, the remainder being employed at work; but forty seven private men in his company; Governor intercepts letters to his (Colebrooke's) own knowledge, as also walks before courts of justice and intimidates judges on the bench; Governor did trade and send goods several times to the Havanah; has seen appeals from inferior courts, in causes given against the Governor, to himself and Council; Mr. Colebrooke was then desired to put in writing, and upon oath, what he had to offer, which he promised to do accordingly.
A memorial from Mr. Popple, agent for the Governor, in answer to part of the above complaints and inclosing copies of affidavits, was read, but the copies, for want of the originals being produced, were not read.
Mr. Shelley acquaints the Board that with regard to such parts of Mr. Jackson's complaint, as relate to his office as collector of the Customs, the Commissioners of the Customs, had sent over to the Surveyor General of the Customs, for a full account thereof, and that a report upon those parts of the complaint was come over.
Letter from Colonel Broughton, Commander in Chief of South Carolina, dated 16th August last, relating to the French from Moville having attacked the Chickasaw Indians, a nation in friendship with us, was read; ordered that a copy of the said letter be sent to the Duke of Newcastle (Secretary of State), to be laid before his Majesty. Ordered that an answer be prepared to Colonel Broughton's said letter, and that he be desired to send a fuller account of the above information.
Mr. Coope, agent for St. Christophers, attending, as he was yesterday desired, and it being asked him, whether he had any objection to a report being made upon the St. Christophers Acts, against which Mr. Smith, secretary to the Leeward Islands, complains, mentioned in the minutes of the 2nd instant, he said that he was very desirous a report should be made as soon as possible; and some directions were given for preparing the draught of a report thereon. Mr. Coope then desiring the Board would report upon the Act, passed at St. Christophers in 1733, for settling the bounds of parishes, the said Act was laid before the Board, and Mr. Fane's report in favour thereof was read; but their lordships observing that the Act for the same purpose, passed in 1727, and intended in the title of this to be amended, was not mentioned in the body of it; directions were given for sending both Acts to Mr. Fane for his opinion whether the Act, intended to be altered by this, would not remain in force, for want of its being particularly mentioned in the body of the Act of 1733.
Letter from the Duke of Newcastle, referring to the Board three memorials from the Court of France, complaining that two French ships have been seized at Montserrat, one in consequence of an Act, passed there on the 5th June last, for preventing trade with the French, was read; and Mr. Coope attending, he presented to the Board the extract of a letter from General Mathew to him, dated 28th July last, to him, signifying that the last mentioned ship, upon an appeal, had been released; which extract being read, Mr. Coope said he would attend the Board to-morrow morning with some other papers upon this subject.
Mr. Fane's report against the Montserrat Act before mentioned and the Act itself, were read, and directions were given for desiring the agents of the Leeward Islands and Mr. John Sharpe, agent for the Governor, to attend the Board to-morrow morning.
The letter to the Duke of Newcastle, ordered to be prepared the 27th ult., for inclosing to his Grace extracts from Governor Fitz-Williams, relating to the bad state of the barracks there, etc., was agreed to.
Ordered that a copy of the instructions for trade, generally given to the Governors of the plantations, be sent to the Custom House for any observations, which the Commissioners of the Customs may have to make upon them.
The Board taking into consideration the letter from Governor Mathew to the secretary, read the 1st of the last month, relating to the numbers of French families settled at Dominica, and to their having seized an English vessel there, a letter to the Duke of Newcastle (Secretary of State), inclosing an extract thereof, was agreed to and signed.
Mr. Coope, agent for St. Christophers, Mr. Sharpe, in behalf of Governor Mathew, and Mr. Henry Popple, in behalf of Montserrat, attending, as they were desired, Mr. Coope presented to the Board the copy of a memorial from him and Mr. Yeamans, agent for Antigua, presented in April last to the Duke of Newcastle, relating to the proceedings of the French, and to their depredations among those islands; and also copies of the vouchers to prove the several facts, and their lordships agreed to take these papers into consideration on Wednesday, and desired these gentlemen to attend again that day.
Mr. Smith, secretary to the Leeward Islands, not attending, as he had been desired, ordered that he be acquainted with the Board's desire of speaking with him at the same time; and that he do bring with him any information he may have concerning the French vessels seized at Montserrat, mentioned in the Duke of Newcastle's letter, read the 3rd instant.
Draught of a letter to the Duke of Newcastle, ordered yesterday to be prepared, for inclosing the copy of a letter from Colonel Broughton, Commander in Chief of South Carolina, relating to the French governor of Moville's, having attacked the Chickasaw Indians, was agreed to, as also the answer, then ordered to be prepared, to Colonel Broughton's letter.
A memorial from Mr. Edlington, Surveyor General of land in Barbados, complaining of An Act, passed there in 1735, concerning the surveying of land, was read; and the Board postponed the consideration of this memorial, till the Act shall be received from Mr. Fane, before whom it now lies, for his opinion in point of law.
Letter from Colonel Broughton, Commander in Chief of South Carolina, dated the 6th of August last, complaining against the inhabitants of Georgia, was read; and the secretary acquainting the Board that Mr. Fury (the agent) had received a petition from the province to his Majesty upon this subject, which he was this day to present, and that he desired, when this petition should be referred to the Board, they would appoint a day for hearing him by counsel in behalf of the said petition; their lordships agreed to postpone the consideration of the above letter, till that petition should be referred hither.
A letter to the Duke of Newcastle, agreed to at the last meeting, for inclosing the copy of a letter from Colonel Broughton, relating to the French governor of Moville's having attacked the Chickasaws, was signed.
Mr. Noden, agent for Bermuda, attending, desires the Board to appoint two councillors for the islands, there being a want to make up a quorum, and the Board gave directions for preparing the draught of a representation for proposing Samuel Burrows and Samuel Spofferth Esqrs., in the room of Messrs. Trimingham and Sherlock, deceased.
The gentlemen, mentioned in the margin, attending, according to appointment, upon the subject of the French complaint of two French ships taken at Montserrat by General Mathew's sloop, referred to the Board by the Duke of Newcastle's letter, read the 3rd instant; and their lordships asking them whether they had anything to offer in relation thereto; Mr. Smith and Mr. Jessop offered to the Board extracts of some letters they had received from St. Christophers upon the subject; but declaring they were not authorized by those persons, from whom they had received those letters, to let their names be publickly known, and made use of as evidence, on this occasion the Board did not think fit to receive the same. These gentlemen being asked whether they had anything to offer in this affair, on their own knowledge, they declared they had not.
Mr. Coope then acquainted the Board that there were some letters and packets in town from the Leeward Islands, directed to Mr. Yeamans, agent for Antigua, which he had reason to believe contained an authentick account of this affair, and that Mr. Yeamans was expected in town next Friday, but that if he did not come, those letters and packets were to be opened, and that then he would lay them before the Board; their lordships then appointed next Tuesday morning for this purpose, and the day following for hearing what any persons may have to offer for or against the Act, passed at Montserrat the 5th of June last, entituled, An Act for the more effectual preventing all trade in those parts between his Majesty's subjects and the French.
The copy of a memorial from Mr. Coope and Mr. Yeamans to the Duke of Newcastle upon the subject of the depredations of the French in the West Indies, mentioned in the minutes of the 4th instant, was now read.
Mr. Colebrooke, attending, presented to the Board his deposition as to the truth of some facts in Mr. Jackson's memorial, complaining against Governor Fitz-Williams, mentioned in the minutes of the 2nd instant, and the said deposition was read.
Letter from Mr. Burchet, secretary to the Admiralty, in answer to one wrote him the 27th ult., with an extract of one from Mr. Fitz-Williams, Governor of the Bahamas, was read; the draught of a letter to Governor Fitz-Williams, ordered to be prepared the 27th ult., was agreed to.
A letter from Lord Harrington of the 22nd ult., inclosing the extract of a letter from Mr. Tigh, relating to a new trade opened between Sweden and Smyrna, was read; and the Board, taking again into consideration another letter from his Lordship, read the 23rd September last upon the same subject, as also an answer from the Turkey Company, now read, to the papers sent them the 30th of September, gave directions for preparing the draught of a letter to Lord Harrington (Secretary of State), for inclosing a copy of the above mentioned answer of the Turkey Company.
Memorial from Mr. Shirley, Advocate General in New England, praying the Board to recommend his having a salary, was read; as also a letter from Mr. Peagruin, Surveyor General of the northern district of America, upon the same subject; and the Board resolved they should lye by, till further application should be made by Mr. Shirley.
The Board taking again into consideration the two letters from the Duke of Newcastle, read the 12th March and 12th of May last, relating to consular and national duties, payable at Cadiz, and from which the Spaniards and Flemings are exempt, gave directions that Sir William Chapman should be desired to attend with some Spanish merchants upon this subject, on Thursday next.
The Board, taking again into consideration the order of the Committee of Council, referring to them the petition of Messrs. Samuel and Joseph Wragg, praying for two baronies of 12,000 acres of land each in South Carolina, the letter from Mr. Shelton, giving an account of the bounds of the said baronies, was read; and some directions were given for preparing the draught of a report, to propose that directions should be sent to the Governor to make out the proposed grant to the petitioners, provided the baronies, petitioned for, be not already granted to other persons, and that they comply with their proposal at the Board, the 16th of September last.
The Board taking again into consideration the order of the Committee, referring to the Board a petition from Mr. Crimble and Huey, for a tract of land, read the 9th of June last, their proposals for making the settlement, read the 15th September last, a letter from Mr. Huey upon the same subject, read the 22nd of same month, and another letter from him, relating to the quit rents, read 27th ult., gave directions for preparing the draught of a report in favour thereof.
Mr. Yeamans, agent for Antigua, and the gentlemen, mentioned in the margin, attending, a memorial from them and Mr. Coope, agent for St. Christophers, desiring that they may be allowed till Monday next, to prepare and lay before the Board, a memorial, wherein they propose fully to stay the affaire of the French seizures, mentioned in the minutes of the 10th instant, was read; and the Board agree to give them till Tuesday next, at which time the agents promise to bring in the said memorial; ordered that the several gentlemen, who were appointed to attend the Board to-morrow morning upon the subject of the Montserrat Act, to prevent illegal trade, mentioned in the minutes of the 10th instant, be acquainted that the Board have postponed the consideration of that Act to another day, of which they will have notice.
An order from the Committee of Council referring to the Board some matters relating to the settlement of the bounds between Massachusets and New Hampshire, as proposed by the Board's report upon this subject of the 1st of April last, was read, as also a memorial from Mr. Rindge in behalf of New Hampshire, praying directions for the commissioners for settling the bounds as aforesaid, and ordered that the agents for the said provinces have notice to attend to-morrow morning.
The Board take into consideration the draught of a report upon the petition of Messrs. Huey and Crimble for land in North Carolina, ordered to be prepared the 12th instant; and Mr. McCulloch, in behalf of Mr. Crimble, desiring that the tract to be laid out for the petitioners might be divided in so many tracts as there should be associates, and that each associate should answer only for his own tract, and not forfeit his tract, if improved, because another associate had not improved his particular tract; their lordships directed him to put this additional proposal in writing, and lay the same before the Board, and in the meantime the Board agreed to postpone the consideration of this affaire.
The Board taking into consideration the draught of the report, ordered to be prepared the 12th instant, upon the petition of Messrs. Wraggs for two tracts of 12,000 acres each, gave directions that Mr. Wragg should be desired to attend the Board to-morrow morning.
Mr. Wragg, who petitions for a tract of land in South Carolina, attending, as he was yesterday desired to do, the Board reminded him of the minutes of 16th of September last, wherein he engaged to carry over 300 persons in five years; but he acquainted the Board that he could not agree to that being made a condition of the grant. The Board taking this matter into consideration, gave directions for altering the draught of the report, which was read yesterday, upon this subject.
Mr. Wilks, agent for the Massachusets Bay, and Mr. Tomlinson, agent for New Hampshire, with Mr. Paris, his solicitor, attending, as they had been desired, the Board take again into consideration the order of the commissioners and Mr. Rindge's memorial, upon the subject of the bounds between the two provinces, read yesterday; and asking the agents whether they had any thing to offer upon this subject, Mr. Wilks desired time till to-morrow morning to consult with his solicitor, which the Board agreed to.
Mr. Wragg, desiring to be heard again, he acquainted the Board that he was willing to agree to his first proposal, and would engage to carry over 300 persons in the first five years; the Board then agreed to reconsider the draught of the report upon this subject to-morrow morning.
Mr. Huey and Mr. McCulloch, who attended the Board yesterday, upon the subject of the petition of Crimble and Huey for land in North Carolina, attending again, Mr. Huey presented a memorial, which was read, containing some proposals for making that settlement; and upon some discourse with them upon the subject, the following terms were agreed to; that 12 tracts of 100,000 acres each may be set out, but not to be at a greater distance from each other than 10 miles; that the surveyor do lay out the said tracts, and at the same time sub-divide them into smaller tracts of 12,000 acres each; that upon the return of the surveys, they will name to the Governor those, who are to have the grants thereof; they they will be at the whole charge, and pay the quit rent at the expiration of 10 years from the date of their grants; that the said grants be made by the Governor immediately upon the return of the surveys.
Mr. John Sharpe and Mr. Paris attending, Mr. Sharpe acquainted the Board in behalf of Mr. Wilks, agent for the Massachusets Bay, that he thought Newberry, in the Massachusets Bay, the most proper place for the first meeting of the commissioners for settling the boundaries; that he submitted to the Board the appointment of the time for meeting and the quorum of the commissioners to settle these bounds, according to the petition of Mr. Rindge, and the order of the Committee of Council, read yesterday. Mr. Paris then said that Newberry could not, in his opinion, be a proper place, because the commissioners must be obliged to cross a troublesome ferry over Merrimack River, but that if they met at Hampton in New Hampshire, the commissioners would then be upon the spot. Mr. Sharpe then desired to have a copy of such instructions as the Board should think proper for these commissioners, but he was acquainted that the Board was ready to receive any proposals from Mr. Wilks upon this subject, but that it was not usual to give copies for any instructions, intended to be laid before the king.
Sir William Chapman, attending, as he had been desired, the Board took again into consideration the letters from the Duke of Newcastle, mentioned in the minutes of the 12th instant, relating to consular and national duties, payable at Cadiz, but now refused by the Spaniards and Flemings; and Sir William acquainted the Board, that the consular duties were collected by the consul upon the tonnage of each vessel arriving there, and the national duty was collected by the vice-consul from each merchant residing there, upon all goods both imported and exported; he said, that several merchants here, do frequently consign goods to Spaniards, to save the duties, from which the Spaniards claim an exemption. After some discourse further upon this subject, Sir William Chapman was desired to talk with some Spanish merchants, and attend again next Friday, which he promised to do accordingly.
The agents for the Leeward Islands attending, they present to the Board a memorial from them all, with seven papers thereto annexed, containing extracts and copies of papers, relating to the Montserrat Act for preventing trade between that island etc. and the French, and to the seizure and condemnation of the French ships Fortune and Fleuron, which memorial and papers were read.
Letter from Mr. Partridge, inclosing a memorial from himself, relating to the sloop Humility, seized and condemned, although no illegal trade proved, was read, and the Board agreed to consider further thereof to-morrow morning.
The Board appoint to-morrow sennight for considering the Montserrat Act for preventing illicit trade etc., passed in June last, and gave orders that all parties, who attended the 10th instant upon this subject, have notice thereof.
Letter from the Duke of Newcastle, inclosing the copy of a memorial from Monsieur Chavigny, relating to the French Senegal Company's pretence to an exclusive right to the Gum Coast, was read; ordered that a copy thereof be sent to the African Company for their observations upon it, and that they be desired to attend with their said observations on Thursday, the 2nd of next month.
The Board taking again into consideration the four following Acts, passed in the Massachusets Bay in 1733, which were read the 17th of June, 1735, vizt., an Act for granting to his Majesty several rates and duties etc.; an Act for apportioning and assessing a tax of £7,987 16s.; an Act for erecting the lower plantation at Housatonnock into a township etc.; an Act, in further addition to an Act for making effectual provision for the calling precinct or parish meetings; and having no objection thereto, gave directions for preparing the draught of a report thereupon.
Mr. Partridge, agent for Rhode Island, and Captain Caine, who attended the Board yesterday upon his memorial, relating to the sloop Humility seized by the French, not attending this morning, as they had promised, the Board agree to postpone the consideration of this affaire till they shall attend.
A letter from Mr. Verelst, accomptant to the Georgia trustees, desiring from them, that the Board would consider their petition for stores, read the 20th August, 1735, was read; and the Board resolved to consider this affair on Tuesday next, the 30th inst., and gave directions that some of the trustees be desired to attend at the same time.
The Board take again into consideration the order of the Committee upon the affair of the boundaries between Massachusets Bay and New Hampshire, read 16th instant, and Mr. Rindge's petition upon the same subject, read the same day, and gave directions for preparing the draught of a report thereupon.
The Board, taking again into consideration the two Acts, passed at St. Christophers in 1732 and 1733–4 entituled, the first an Act for granting to his Majesty a poll tax on Slaves, and five per cent. on rents, to pay publick debts and settling the salaries of publick officers and the other for reducing the secretary's fees, and the papers and minutes upon this subject of the 10th, 17th and 23rd of June last, gave directions for preparing the draught of a report for repealing the first mentioned Act and for confirming the last.
A letter from Sir William Chapman (who was desired to attend this morning) upon the subject of consular and national duties, payable at Cadiz, but refused by the Spaniards and Flemings, mentioned in the minutes of 18th instant, excusing his attendance till this day sennight, was read, and the Board agreed thereto.
The Board take again into consideration the two letters from Lord Harrington, read the 2nd instant, with some extracts of letters from Mr. Titley at Copenhagen, relating to the prohibition of foreign manufactures in that kingdom, as also a copy of an ordinance from the King of Denmark, prohibiting the importation of serges and shalloons, now received and read; but which was not received with Lord Harrington's above letter, although therein referred to; gave some directions for preparing the draught of a representation upon this subject [vide 13th and 14th May and 2nd instant].
The Georgia trustees attending, as they had been desired, upon the two orders of the Committee of Council, referring to the Board the petitions of the trustees for cannon etc. and praying that no land, to the south of the Alatamaha, may be granted to any one, read the 20th August and 16th December, 1735, the said orders and petitions were again read, as also the letter from Mr. Verelst, accomptant to the trustees, pressing the Board's report upon the former of these petitions, on account of their being alarmed with reports of danger, with which the colony is threatened; and the Board enquiring concerning this danger, Mr. Vernon said, they had no certain account of it, but that the same was reported; but that be it true or not, he hoped the Board would report in favour of ammunition and cannon, it having been usual for the Crown to furnish the colonies, at times, therewith; and with regard to the other petition, he said he was apprehensive that granting land to the south of the Alatamaha might occasion some misunderstanding between them and the Spaniards. The Board then gave directions for preparing the draught of an instruction to the Commander in Chief of South Carolina accordingly, and the draught of a report to the Committee of Council to inclose the same; and agreed to postpone any report upon the former petition for stores, till the trustees shall receive further advices from Georgia, which Mr. Vernon said was daily expected; and which he would lay before the Board, so soon as received from thence.
Two letters from Mr. Clarke, Lieut.-Governor of New York, one to the Board and one to the secretary, both dated the 7th of October last, with seven papers relating to the disorders in that province, arising from Van Dam and his party, were read; ordered that a copy of Mr. Clarke's letter to the Board be made out, in order to its being sent to the Duke of Newcastle, one of his Majesty's Secretaries of State.
Mr. Fane's report in favour of a private Act, passed at Virginia in 1734, to vest certain intailed lands etc., in Charles Tomkies etc., was read, as was also the said Act, and the Board having no objection thereto, gave directions for preparing the draught of a report for confirming the same.
Letter from Mr. Partridge, agent for Rhode Island, inclosing the translation of the case of Captain Caine, mentioned in the minutes of the 24th instant, seized and condemned at Martinique for illegal trade, though the contrary was proved, was read, and the Board resolve to consider further thereof to-morrow morning.