Journal, June 1735: Volume 44

Journal, June 1735

Tuesday, June 3rd. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Massachusets and New Hampshire.

Boundaries.

Captain Tomlinson, agent for New Hampshire, attending according to appointment, with Mr. Brown and Mr. Murray, his counsel, and Mr. Paris, his solicitor, as also Mr. Wilks, agent for the Massachusets Bay, with Mr. Strange, his counsel, and Mr. Sharpe, his solicitor, the Board took again into consideration the order of the Committee of Council, read the 16th of May, 1733, upon the petition of Mr. John Rindge, praying for a determination of the boundaries between the Provinces of the Massachusets Bay and New Hampshire, as also the proposal made by Mr. Wilks for submitting the boundaries between the two provinces to the determination of commissioners to be appointed from the neighbouring provinces by his Majesty or this Board, read the 15th of February, 1733-4, and Mr. Paris's memorial in answer thereto, read the same day, as also the Attorney and Solicitor General's report with regard to the place, from whence the boundary line between these two provinces is to commence; and their lordships, after hearing what the council on each side had to offer upon this subject, gave directions for preparing the draught of a report thereupon [fo. 45, 71].

Miscellanies.

Account to be kept of the clerks', etc., attendance and laid before the Board every week.

Ordered that the secretary do lay before the Board the first day of meeting in every week the names of the clerks and other officers in the service of this Commission, and at what hour each officer attended and went away each day, during the preceding week.

Wednesday, June 4th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

Mr. Wright, the Chief Justice's salary.

Order of the Lords of the Committee of Council of May 1st, 1735, referring to this Board the petition of Robert Wright, Esqr., Chief Justice of South Carolina to his Majesty, praying that directions may be given for the future payment of his salary, and of the arrears already due, was read; and the secretary acquainting the Board that Mr. Fury, agent for that province, desired to attend, when they should take that petition into consideration; their lordships appointed next Tuesday morning for that purpose, and gave directions that Mr. Wright's sons, who appear in behalf of the said petition, and Mr. Fury should have notice accordingly [fo. 79].

Jamaica.

Ordnance stores wanted.

Order of the Lords of the Committee of Council of May 10th, 1735, referring to this Board that part of Mr. Cunningham's memorial, relating to the supply of ordnance stores to be sent to Jamaica, necessary for the security of that Island, was read; and the Board resolved to consider further thereof on Friday morning next, and ordered that Mr. Cunningham have notice, and be desired to attend accordingly [fo. 75].

Massachusets.

Want one thousand bushels of hempseed.

Order of the Lords of the Committee of Council of May 1st, 1735, referring to the Board a letter from Mr. Belcher, Governor of the Massachusets Bay, to the Duke of Newcastle, desiring that 1000 bushels of hempseed may be sent to the poor planters in that province, as an encouragement to try the experiment of that production in several parts of that province, was read; and their lordships resolved to consider further thereof on Friday morning next, and ordered that Mr. Belcher, junior, and Mr. Wilks have notice to attend at the same time [fo. 76].

Rhode Island.

Cannon and shot prayed for.

Order of the Lords of the Committee of Council of May 1st, 1735, upon the petition of Mr. Partridge, agent for the Colony of Rhode Island, praying that some cannon and shot may be sent them, answerable to a fortification, which they have lately erected there at their own charge, was read, and their lordships resolved to consider further thereof next Friday, and ordered that Mr. Partridge have notice to attend accordingly [fo. 77, 119].

Trade.

Hamburgh and Denmark.

Dispute about coin.

Mr. Elkin, agent for the Hanse Towns, attending, as he had been desired, as also Mr. Bance, Mr. Eccleston and Mr. Newnham, their lordships took again into consideration the letter from the Lord Harrington, inclosing the King of Denmark's reasons for insisting on the abolition of the Current Bank at Hamburgh, mentioned in the minutes of the 7th, 8th and 13th of the last month, and the papers, therein referred to, as likewise the memorial from the Hamburgh merchants upon the same subject, read the 23rd of the same month; their lordships asking them whether they had anything to add to the said memorial, they only enlarged upon the subject thereof, and desired their lordships would please to report in favour of the said bank at Hamburgh, as it would be impossible for them to carry on their trade thither with any certainty without it [fo. 65, 72].

Mr. Elkin then delivered a letter to the Board, dated this day, giving reasons why they cannot abolish their Current Bank created at Hamburgh, which was read, and directions were given for preparing the draught of a representation upon the subject of the Lord Harrington's said letter.

Massachusetts and New Hampshire.

Boundaries.

The draught of a report, ordered yesterday to be prepared, upon an order of the Committee of Council of the read the 16th of May, 1733, relating to the bounds between the Provinces of the Massachusets Bay and New Hampshire in New England, was agreed and ordered to be transcribed [fo. 66, 72].

Thursday, June 5th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Massachusetts and New Hampshire.

Bounds.

The report upon the disputed bounds between the Provinces of the Massachusets Bay and New Hampshire, agreed to yesterday, was signed [fo. 71, 259].

Trade.

Denmark and Hamburgh.

Coin.

The representation, ordered yesterday to be prepared, upon the dispute between the King of Denmark and the City of Hamburgh about their coin and a Current Bank, was agreed to and ordered to be transcribed [fo. 70, 77].

Jamaica.

Duty on negroes.

The draught of an instruction, ordered to be prepared the 23rd of the last month, about laying an impost on negroes in that island, being agreed to, a report, inclosing the same, to the Lords of the Committee of Council, was signed.

Trade.

Sweden, new impositions there.

A letter from the Lord Harrington of 10th May, 1735, inclosing several papers from Mr. Finch, his Majesty's envoy at Stockholm, relating to new prohibitions and an additional duty of ten per cent. on foreign goods and merchandizes, was read, and the papers, therein referred to, were laid before the Board, viz.
Extracts of Mr. Finch's letters of 12th and 26th of March and of the 22nd and 25th of April, 1735, to my Lord Harrington.
Extract of Mr. Finch's letter to my Lord Harrington, dated April the 15th, 1735, with some considerations on the duty of ten per cent. laid on English manufactures in Sweden.
A memorial in French about the ten per cent. duty on goods imported into Sweden,
and the Board resolved to consider further thereof on Thursday morning next [fo. 90].

Miscellanies.

Gabriel Mathias a new clerk.

The secretary acquainting the Board that Mr. Anthony Sanderson, late a clerk in this office, was dead; my Lord Fitzwalter recommended Mr. Gabriel Mathias to supply the vacancy occasioned thereby, and he was appointed accordingly; whereupon ordered that the other clerks should be advanced according to their seniority in the office, whereby the said clerks will have the following allowances, vizt.:

Friday, June 6th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Jamaica.

Ordnance stores wanting.

Mr. Cunningham, Governor of Jamaica, attending, as he had desired, their lordships took again into consideration and read the order of the Committee of Council of May 10th, 1735, referring to the Board that part of Mr. Cunningham's memorial to the king, relating to the supply of ordnance stores to be sent to Jamaica necessary for the defence and security of that island, read the 4th instant; and Mr. Cunningham acquainting their lordships that the stores mentioned in his petition were intended for the fort only, and the small arms to be for the magazine, from whence he would deliver none of them either to the companies or the inhabitants without paying for them; and as the island was now generally unprovided with small arms, and that no soldier in the companies or the militia can be supplied in case of any accident, but from hence, he hoped their lordships would recommend his petition to the Lords of the Committee.

Mr. Cunningham being withdrawn, ordered that a draught of a report be prepared in favour thereof.

Massachusetts.

Hempseed wanting.

Mr. Wilks, agent for the Massachusets Bay, attending, as he had been desired, as also Mr. Belcher, junior, their lordships took again into consideration the order of the Committee of Council of May 1st, 1735, referring to the Board a letter from Mr. Belcher, Governor of New England, to the Duke of Newcastle, desiring one thousand bushels of hempseed may be sent to the poor planters in that province, read the 4th instant; and after some discourse with them thereupon, directions were given for preparing the draught of a report in favour thereof [fo. 69, 84].

Trade.

Hamburgh and Denmark coin.

The representation to the queen, relating to the dispute between the King of Denmark and the City of Hamburgh about their coin and a Current Bank, agreed yesterday, was signed, as also a letter for inclosing the same to the Duke of Newcastle [fo. 72].

Rhode Island.

Cannon and shot wanting.

The secretary then acquainting the Board that Mr. Partridge, agent for Rhode Island, who was to have attended the Board this day upon his petition praying that some cannon and shot may be sent them, answerable to a fortification they have lately erected there, read the 4th instant, was in Derbyshire, and could not attend; whereupon ordered that another day be appointed when he comes to town [fo. 70, 119].

Nova Scotia and Bahama.

New settlements proposed.

Order of the Committee of Council of May 1st, 1735, referring to this Board the memorial of Mr. Coram, with a petition of several others of his Majesty's subjects in and about London and Westminster, relating to the making a settlement on Nova Scotia, and also on Cat Island in the Bahamas, was read, and their lordships resolved to consider further thereof, when Mr. Coram shall apply for the same [fo. 109].

South Carolina and North Carolina.

Boundaries.

A letter from Mr. Fury, agent for South Carolina, dated the 8th day of May. 1735, inclosing the extract of one from Colonel Johnson, Governor of that province, relating to the boundaries between North and South Carolina was read; and their lordships taking the said instructions into consideration, were of opinion that Waggamaw River is thereby the intended boundary between the two provinces, and gave directions that the secretary do prepare a letter to each governor accordingly [fo. 84].

Tuesday, June 10th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

South Carolina.

Chief Justice's salary.

The two sons of Mr. Wright, Chief Justice of Carolina, attending, as they had been desired, as also Mr. Fury and Mr. Yonge, agents for that province, Mr. Shelton, secretary to the late Lords Proprietors, and Mr. Hume, late Speaker of the Assembly there, their lordships took again into consideration the order of the Committee of Council, referring to this Board the petition of the said Mr. Wright for his salary and arrears due to him, as mentioned in the minutes of the 4th instant; and Mr. Hume acquainted the Board that having for many years practised the law in that province, he was able to give their lordships some account of the perquisites of the chief justice's office; which he assured their lordships amounted to about £140 a year, and no more; and that, as he had no other profits belonging thereto, it was impossible for him to support the dignity of that post, without a salary annexed thereto; that during the first year that Mr. Wright executed the office, the Assembly had provided for him for one year by allowing him £100 sterling, but that since that time, upon some disagreement between him and the Assembly, they had discontinued voting him any salary at all; that before Mr. Wright's time, Mr. Allen was the chief justice, and that the Assembly had voted him £1000 a year, that country money, which was paid him for one year; but that the Assembly had afterwards, notwithstanding no provision was made for a settled salary for him, paid him his arrears till Mr. Wright was appointed; Mr. Hume added that he believes the reason why the Assembly had discontinued paying the salary, which they gave Mr. Wright for the first year, was upon account of some differences between the Assembly and him for having granted the Habeas Corpus to some persons committed by them.

Mr. Yonge then acquainted the Board that he had formerly been Chief Justice of Carolina, but that he had no salary during the time that he executed that office; that Mr. Hill had likewise been Chief Justice of that province before Mr. Allen, and had no salary; and that the present governor had done all in his power to obtain a salary for Mr. Wright from the Assembly, but hitherto without effect.

Mr. Shelton then acquainted the Board that Mr. Trot had for several years been Chief Justice of the same province, and that he had always been allowed a salary of £100 a year, but Mr. Yonge observing that the salary paid to Mr. Trot, as likewise all the chief justices appointed by the Lords Proprietors, had been paid out of the quit rents of the province, and not out of the annual revenues raised by the Assemblies thereof; he hoped their lordships would recommend it to his Majesty that Mr. Wright's salary might likewise be paid out of the quit rents of the province.

These gentlemen being withdrawn, ordered that the draught of a report be prepared in favour of Mr. Wright's petition [fo. 85].

Trade and Plantations.

Addresses from the House of Commons for divers papers and accounts.

Two letters from the Duke of Newcastle, both dated the 29th May, 1735, inclosing several addresses from the House of Commons to his Majesty, that copies of several papers, relating to any losses sustained by the British subjects by depredations committed by the Spaniards in Europe or America since March 25th, 1725; an account of the money raised in Jamaica, Barbados and the Leeward Islands by duties on negroes, wines, etc., payable by the inhabitants for ten years past; as also copies of all letters and representations by this Board since March 25th, 1715, relating to the state of the British Colonies in America, as to their trade and commerce, and to the danger the said colonies have been and are in from the growing power of the French in America; likewise that an account of their laws, with regard to any duties or impositions laid on the trade and shipping of this kingdom, may be laid before that House, were read.

Ordered that the secretary do prepare lists of the several papers required by the said addresses that are in this office.

Ordered that circular letters be prepared to the Governors of the several plantations in America for accounts of what is required in the said addresses, so far as relates to their respective governments.

Massachusetts.

Hempseed.

The draught of a report upon a letter from Mr. Belcher, Governor of the Province of the Massachusets Bay, desiring a thousand bushels of hempseed, ordered to be prepared the 6th instant, was agreed and ordered to be transcribed [fo. 76, 85].

Jamaica.

Ordnance stores.

The draught of a report, ordered to be prepared the 6th instant, upon that part of Mr. Cunningham's memorial to his Majesty, relating to a supply of ordnance stores for the defence of Jamaica, was agreed and ordered to be transcribed [fo. 75, 85].

South and North Carolina.

Boundaries.

Their lordships, taking into consideration the draught of a letter, ordered likewise to be prepared the 6th instant, upon the subject of the boundary line between North and South Carolina, gave directions that Captain Burrington, late Governor of North Carolina, and Mr. Fury, agent for South Carolina, should be desired to attend the Board on Friday next [fo. 78, 92].

Thursday, June 12th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.

Massachusets.

Hempseed to be sent.

The representation upon the letter from Mr. Belcher, Governor of the Province of the Massachusets Bay, desiring 1000 bushels of hempseed, to distribute amongst the poor farmers in that province, to encourage the production of that commodity, agreed at the last meeting, was signed [fo. 84].

Jamaica.

Ordnance stores.

The report upon that part of Mr. Cunningham's memorial to his Majesty, relating to a supply of ordnance stores for the defence of Jamaica, agreed also at the last meeting, was signed [fo. 84.]

South Carolina.

Chief Justice's salary.

The draught of a report on the petition of Mr. Wright, Chief Justice of South Carolina, relating to his salary and the arrears thereof due to him, ordered to be prepared at the last meeting, was agreed, and ordered to be transcribed [fo. 82, 91].

Barbadoes, etc.

Dunbar to be a councillor in ordinary.

Copy of an order in Council of 11th July, 1734, approving a representation of this Board, recommending Mr. Dunbar, Surveyor General of the Customs, to be a councillor in ordinary in each island under his inspection, and directing warrants to be prepared accordingly.

Acts about fees.

Copies of two orders in Council, approving a representation of this Board for repealing an Act for regulating fees, etc., in Barbados, and directing the Governor to send over an estimate of fees taken in the publick offices there, before the accession of Queen Anne, and at present.

Stores of war.

Copy of an order in Council, directing the Board of Ordnance to send several stores of war to Barbados and the Leeward Islands.

Copies of six orders in Council, 1st, directing the Master of the Ordnance to send several stores of war to the Leeward Islands.

St. Christophers.

Clement Crook's Act approved.

2nd, Approving an Act of St. Christophers for cutting off the intail of Clement Crook's estate.

Montserrat.

Mathews', additional salary Act approved.

3rd, Approving an Act of Montserrat for settling an additional salary on Governor Mathews.

Antigua.

Martin made a councillor.

4th, Approving Josia Martin, Esqr., for a Councillor of Antigua, in the room of Mr. Morris.

Carlisle made a councillor.

5th, Approving Francis Carlisle, Esqr., to be a councillor of Antigua in the room of Samuel Byam, Esqr., deceased.

Powder duty to be renewed.

6th, Approving an additional instruction to Governor Mathews for renewing the powder duty on vessels at Antigua [fo. 28].

South Carolina.

Beresford's Act approved.

Copies of three orders in Council, 1st, for approving an Act of South Carolina for settling Mr. Beresford's estate.

Shelton to have 12,000 acres of land.

2nd, Directing the Governor to grant 12,000 acres of land to Mr. Shelton in South Carolina, not within the limits of any of eleven townships, directed to be laid out in that province.

Governor instructed about Purrysburgh.

3rd, Approving an instruction to the Governor, relating to the township of Purrysburgh, and settling foreign Protestants in South Carolina.

Georgia.

Three Acts approved.

Copy of an order in Council for confirming three Acts passed for the government of Georgia [fo. 33].

Jamaica.

Cunningham's commission and instructions, Charlton's Act, ditto.

Temple Laws made a councillor.

Copies of four orders in Council approving Mr. Cunningham's commission and instructions, an Act for securing Mr. Charlton's estate to him, and appointing Temple Laws a councillor in Jamaica.

Trade.

East India accounts.

Copy of an order in Council, referring to the Lords of the Committee a report of this Board, relating to the annual accounts of the East India Company's exports for nine years.

Bahamas.

Title of the proprietors and lessees to be conveyed to the Crown.

Copies of ten orders in Council vizt., 1st, requiring the Attorney and Solicitor General to examine into the titles of the Proprietors and lessees of the Bahama Islands, and to report to the Council in what manner they may most properly be conveyed to the Crown.

Virginia.

German Protestants to be excused from taxes.

2nd, Approving an additional instruction to the Governor of Virginia for renewing an Act exempting certain German Protestants from parish taxes [fo. 39].

Maryland and Pennsylvania.

Dispute about bounds adjourned.

3rd, Adjourning the hearing on the dispute between the Lord Baltimore and Messrs. Penn to next term [fo. 12].

New York.

Act repealed.

Another approved.

4th, For repealing an Act passed at New York empowering a vestry to dispose of £60 church money.

5th, For confirming an Act passed at New York to repeal a clause in a former Act of that province.

New Jersey.

Act for fees repealed.

6th, For repealing an Act passed in New Jersey for establishing fees.

Massachusets.

Governor to receive £3000.

7, For approving the draught of an additional instruction, for allowing Governor Belcher to receive £3000 granted him by the Assembly of the Massachusets Bay.

New Hampshire.

Act for removing courts repealed.

8th, For repealing an Act passed in New Hampshire for removing the courts from Portsmouth to Exeter, etc.

Newfoundland.

Captain Lee's commission and instructions approved.

9th and 10th, Approving the draughts of Captain Lee's commission and instructions for the government of Newfoundland, were all read and,

South Carolina.

Rutherford's claim of land.

An order of the Lords of the Committee of Council of the 24th of May, 1735, referring to this Board the petition of Mr. Thomas Rutherford, relating to his purchase of a grant of 12,000 acres of land in South Carolina, and praying that the Surveyor General there may be directed to run out the said land to the petitioner, was also read, and directions were given that Mr. Rutherford should be desired to attend the Board to-morrow morning [fo. 91].

New York.

Mr. Fane's report, objects to an Act to cancel paper money.

The secretary acquainting the Board that Mr. Fane had made some objections to the Act passed at New York in 1732, to repeal the Act and to cancel the bills of credit therein mentioned, and to grant unto his Majesty several duties, etc., the Board resolved to read his report, and consider thereof on Tuesday morning next [fo. 143].

Massachusets.

Acts to be considered.

The Board likewise resolved to take into consideration at the same time Mr. Fane's reports upon the several laws passed in the Massachusets Bay, and referred to this office by the Lords of the Committee, which have not been reported on by the Board [fo. 95].

Trade and Plantations General.

New duties laid in Sweden, merchants to attend.

The Board then agreed to consider further on Thursday morning next, the letter from the Lord Harrington, and the papers therein referred, read the 5th instant, relating to some new duties imposed on our manufactures imported into Sweden, and gave directions that some of the merchants trading to that kingdom, as likewise to the plantations, should be desired to attend the Board at the same time [fo. 73, 103].

Friday, June 13th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

South Carolina.

Chief Justice's salary, report signed:

The report to the Lords of the Committee upon the petition of Mr. Wright, Chief Justice of South Carolina, relating to his salary and the arrears thereof due to him, agreed yesterday, was signed [fo. 85].

and Rutherford's petition for land considered.

Mr. Rutherford attending, as he had been desired, their lordships took again into consideration his petition, mentioned in yesterday's minutes, praying that the Surveyor General of South Carolina, may be directed to run out 12,000 acres of land, pursuant to a grant from the late Lords Proprietors to Mr. Thomas Lowndes; and their lordships observing that there is mentioned in the body of the said petition a certificate that the late Lords Proprietors had promised Mr. Lowndes, from whom Mr. Rutherford purchased, that his respective grants should be set out in smaller quantities, as he should think meet, and which certificate is said to be lodged in this office; resolved to consider further of this petition on Tuesday sennight, and gave directions that, in the meantime, search should be made in the office for the said certificate [fo. 89, 109].

South and North Carolina.

Boundaries considered.

Captain Burrington, late Governor of North Carolina, attending, as he had been desired, as also Mr. Fury, agent for South Carolina, their lordships took again into consideration a letter from Mr. Fury, read the 6th instant, in relation to the boundary line between the said two provinces; and desiring Captain Burrington would give their lordships his opinion concerning the said line, as described by the instructions to the respective governors, he said that in his opinion, the running that line was hardly practicable, or if it was, it would be attended with great difficulty and expence, on account of its being to be run at thirty miles distant from Cape Fear River; that the boundary line between Virginia and North Carolina, although a due west line, and to be chiefly run through an inhabited country, had cost his Majesty upward of £2000, whereas the line between North and South Carolina, besides the aforementioned difficulty, being to be run through a country almost entirely uninhabited, would cost upwards of £4000; that in his opinion the only natural boundary between the said two provinces would be Pedee River, and would be attended with no expence to either of the provinces [fo. 84].

Their Lordships then resolved to take this matter into consideration at another opportunity, and to desire Mr. Craven, formerly Governor of South Carolina, to attend the Board at that time [fo. 95].

South Carolina.

Appropriation Act to be reconsidered.

Mr. Wood, agent for the Bristol merchants, attending, desired their lordships would appoint a day for considering the order of the Committee of Council, read the 30th of July last, referring to the Board a remonstrance from the Governor, Council and Assembly of South Carolina, and a petition of Colonel Purry in behalf of the Appropriation Act, as also a report of this Board against the same; and their lordships appointed Tuesday sennight. Ordered that all parties have notice thereof [fo. 107].

Plantations General.

Circular letter to governors on resolves of the House of Commons.

The draught of circular letters to all the governors in America, for answers to several particulars required by the several resolves of the House of Commons, referred to this Board by his Grace the Duke of Newcastle, read the 10th instant, were agreed and ordered to be transcribed [fo. 81, 112].

St. Christophers.

Powder duty to be renewed.

An order of the Lords of the Committee of the 24th of the last month, directing an instruction to be prepared to the Governor of the Leeward Islands, to pass a new powder duty Act in St. Christophers, not liable to the same objections as the present is, was read; and orders were given for preparing a draught of an instruction accordingly [fo. 42, 101].

Tuesday, June 17th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe. Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Plantations General.

Circular letters signed.

The circular letters to all the governors in America for answers required by several resolves of the House of Commons, agreed at the last meeting, were signed [fo. 82].

South and North Carolina.

Boundaries.

The Board, taking again into consideration the instructions to the Governors of North and South Carolina, with regard to the boundary line between the two provinces, mentioned in the minutes of the last meeting, appointed next Thursday sennight for the further consideration of this matter, and gave directions that Mr. Craven, late Governor of South Carolina, Mr. Burrington, late Governor of North Carolina, and Mr. Fury, agent for South Carolina, should be desired to attend at the same time [fo. 93, 113.]

Barbadoes.

Lord Howe, the Governor, dead.

A letter from Mr. Dottin, President of the Council and Commander in Chief of Barbados, dated April the 16th, 1735, signifying the Lord Howe's death there on the 27th of March last, was read; and directions were given for preparing the draught of a postscript to the letter to Mr. Dottin, signed this morning, to acknowledge the same.

Massachusets.

Acts with orders of Council and Mr. Fane's report considered.

Their lordships then taking again into consideration the following orders of Council and of the Committee, as also five reports from Mr. Fane, and the Acts of the Assembly of the Massachusets Bay, therein referred to, agreed, as is expressed against each respective title, vizt.:

An order of Council of 23rd December, 1731, [Aa: No. 2], referring to the Board four Acts passed in 1731, entituled

An Act for better regulating swine.

An Act for the better curing and culling of fish.

An Act for encouraging the killing of wild cats.

[In force by virtue of their charter, but will expire in 1736.]

An Act for apportioning and assessing a tax of £6818, and for assessing a tax of £20 laid on the Town of Weston for not sending a representative; and also for apportioning and assessing a tax of £4109 6s. 0d. paid the representatives for the year 1730–1, and a further sum of £1000 for the payment of the Council this year 1730–1. [Has had its full effect.]

Order of Council of 27th January, 1731–2, [Aa: 12], referring six Acts, passed in November, 1731, entituled

An Act for granting £5400 for support of the Governor.

An Act for supplying the Treasury with the sum of £5400.

An Act for allowing necessary supplies to the Eastern and Western Indians, etc.

An Act to subject improved lands in the province, belonging to non-residents, to be sold for payment of taxes. [All four expired.]

An Act in addition to An Act directing the admission of town inhabitants. [In force by virtue of their charter, but will expire in 1736].

An Act for making more effectual provision for the calling of precinct or parish meetings. [A perpetual law in force by virtue of their charter.]

Order in Council of 25th July, 1732, referring 8 Acts passed in 1731 and 1731–2.

An Act for granting to his Majesty several rates and duties of impost and tonnage.

An Act for the payment of the members of the Council and the representatives.

An Act for supplying the Treasury with £3800 for the payment of Francis Wilks, Esqr., for his past services as agent, etc. [All three expired, and have had their full effect.]

An Act further to exempt persons called Quakers from being taxed for support of ministers.

An Act to prevent persons concealing the small pox.

An Act in addition to An Act for the relief of idiots and distracted persons [All three in force by virtue of their charter but are near expiring.]

An Act for the authorizing commissioners to determine the western boundary of that part of this province, formerly the Colony of Plymouth, and the Colony of Rhode Island adjoining.

An Act for making a new town in the County of Worcester, by the name of Dudley [these two Acts being chiefly for temporary services, are supposed to have had their full effect, or else are in force by virtue of the charter.]

Order of the Committee of Council of 13th January, 1732–3, referring five Acts passed in June and July, 1732.

An Act for apportioning and assessing a tax of £8007 16s. 0d. and for assessing a tax of £80 laid on the Towns of Needham, Hatfield, etc., for not sending representatives, etc. [expired].

An Act for granting an excise upon wines, liquors, etc. [expired].

An Act providing pay for keeping petit juries. [No objection to it.]

An Act for erecting a new town within the County of Middlesex by the name of Townshend. [No objection to it.]

An Act for erecting a new town within the County of Worcester by the name of Harvard. [No objection to it.]

Order of the Committee of Council of the 15th of August, 1733, referring 12 Acts in January, 1732–3, and in April, 1733, entituled,

An Act for preventing unnecessary waste of time in the attendance of petit jurors in the several courts of justice. [No objection to it.]

An Act for the relief of poor prisoners for debt. [No objection to it.]

An Act for the trial of capital offences and other high misdemeanours committed in the Island of Nantucket. [No objection to it.]

An Act in addition to An Act for erecting of a powder house in Boston. [No objection to it.]

An Act for erecting all the lands on the easterly side of the River Merrimack belonging to the town of Dunstable into a township by the name of Nottingham. [No objection to it.]

An Act for granting £3000 for the support of his Majesty's governor. [No objection to it.]

An Act in explanation of and in addition to An Act to prevent unnecessary law suits. [No objection to it.]

An Act in addition to An Act for review in civil causes. [No objection to it.]

An Act in addition to An Act for the suppressing of lotteries. [No objection to it.]

An Act for securing the seasonable payment of town and precinct rates or assessments. [No objection to it.]

An Act authorizing commissioners to determine the boundary line between the Massachusets Bay and Rhode Island. [No objection to it.]

An Act for allowing necessary supplies to the Eastern and Western Indians, etc. [No objection to it.]

Order of the Committee of Council referring 4 Acts passed in 1733, vizt.:

An Act for granting unto his Majesty several rates and duties of impost and tonnage of shipping. [No objection to it.]

An Act for apportioning and assessing a tax of £7987 16s. 0d. [No objection to it.]

An Act for erecting the lower plantation at Housatonnock into a township by the name of Sheffield. [No objection to it.]

An Act in further addition to An Act for making effectual provision for the calling of precinct or parish meetings. [No objection to it.]

Leeward Islands.

St. Christophers, Powder duty to be renewed.

The draught of an instruction, ordered to be prepared at the last meeting, to the Governor of the Leeward Islands to pass an Act for receiving the powder duty at St. Christophers, was agreed, as also the draught of a report, for inclosing the same to the Lords of the Committee, was agreed and ordered to be transcribed [fo. 94, 103].

Plantations General.

Board to attend the Committee of Council.

The secretary then laid before the Board a letter he had received from Mr. Sharpe, signifying the desire of the Lords of the Committee that the Board would attend the said Committee upon plantation affairs to-morrow morning at eleven o'clock, was read, and their lordships agreed to attend accordingly.

Wednesday, June 18th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

State of the islands considered.

The Board having this morning attended the Committee of Council according to appointment, took into consideration the draught of that part of the general report, mentioned in the minutes of the . . . .,relating to the state of the islands, concerning Jamaica and made a progress therein [fo. 122].

Jamaica.

State of it.

Ordered that lists be made and laid before the Board to-morrow morning of all such papers relating to Jamaica, as are required by the addresses of the House of Commons, which were read the 10th instant.

St. Christophers.

Report with instructions to recive powder duty signed.

The report to the Lords of the Committee of Council with the draught of an additional instruction to the Governor of the Leeward Islands about reviving the powder duty on vessels at St. Christophers, agreed yesterday, was signed [fo. 101, 145].

Thursday, June 19th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Trade.

New impositions in Sweden.

Their lordships, taking again into consideration the letter from the Lord Harrington, relating to the new duties imposed on our manufactures in Sweden, mentioned in the minutes of the 12th instant, and another letter from the Lord Harrington, dated the 6–17th June, 1735, at Hanover, with extracts of 3 letters from Mr. Finch, dated at Stockholm, in April and May last, was read [fo. 90, 131].

Merchants attend on new impositions in Sweden and the goodness of plantation iron.

Plantations General.

Iron.

Mr. Carey then attending, as he had been desired, their lordships read to him that part of Mr. Finch's above-mentioned letter, which relates to the importation of iron from the plantations, and their lordships desiring Mr. Carey would inform the Board what encouragement would be thought necessary to induce the planters and merchants to supply this kingdom with a sufficient quantity of iron; he said that in his opinion the taking off the duties now imposed upon the importation thereof, would answer that end; being asked whether he thought the plantation iron was good enough to answer the purpose of Swedish iron, he said that in a little time he believed it would, the planters having already made great improvement therein; that upon an experiment he had made with a bar of plantation iron, one end of it was found to be every way equally good with Swedish, but that the other end was not so good; but that there were many uses, for which it was good enough; that he believed it would be greatly for the advantage of this kingdom in every respect to encourage the importation of iron from the plantations in bars rather preferably to sows and pigs, because as sows and pigs cannot be manufactured into bars without charcoal, he apprehended that manufacture here would occasion an iron bar to come dearer from the forge than from Sweden, whereas in the plantations the very great plenty of wood, which may be had for nothing, will furnish them with such quantity of charcoal that their sows and pigs may be manufactured into bars, and imported into this kingdom as cheap as from Sweden; being asked what quantity of iron manufactures were now made in the plantations, he said there were none, but for their own private use, except some few pots and backs exported to the Sugar Islands.

Trade.

Sweden.

Their lordships then desired Mr. Carey would talk with some other merchants of the City upon this subject, and let the Board know when they were ready to give their joint opinion, that another day may be appointed for the consideration of this affair.

Mr. Norris attending, as he had been desired, their lordships acquainted him with the purport of Mr. Finch's aforesaid letters, in relation to the 10 per cent. duty, etc., and desiring Mr. Norris would let the Board have his opinion upon this subject, he desired the Board would allow him a further day for that purpose; and that in the meantime he would talk with the other merchants trading to Sweden in order to be better prepared to answer any question their lordships should ask upon this subject; to which the Board agreed, and resolved that another day should be appointed for that purpose [fo. 90, 131].

Plantations General.

Treaty between Dutch and French governors.

Then was read the copy of a letter from Mr. Horace Walpole to my Lord Harrington, mentioned in the foregoing letter from his Lordship, together with 3 papers relating to a treaty between the French and Dutch governors in the West Indies.

Tuesday, June 24th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

Governor Johnson dead.

A letter from Mr. Broughton, President of the Council and Commander in Chief of South Carolina, dated at Charles Town, May the 6th, 1735, giving an account of Governor Johnson's death there, and that he had published his commission as Lieut.Governor of that province, was read, and directions were given for preparing a letter to acknowledge the receipt thereof.

A letter to the Duke of Newcastle, giving an account of the death of the said Governor Johnson, was agreed and signed.

Their Appropriation Act reconsidered.

Mr. Fury and Mr. Young, agents for Carolina, attending, as they had been desired, as also Mr. Wood, solicitor for the Bristol merchants, their lordships took again into consideration the order of the Committee of Council, referring to the Board a remonstrance from the Governor, Council and Assembly of that province; and a petition of Colonel Purry in behalf of the Appropriation Act; as also a report of this Board against the same, mentioned in the minutes of the 30th of July, 1734, as likewise the answer of the merchants trading to South Carolina, relating to that law, read the 23rd of October, 1734, and the reply thereto from the agents, read the 10th of December, 1734; and after some discourse with these gentlemen thereupon, their lordships observing that the greatest objection to the Appropriation Law was that the sinking fund, which, according to his Majesty's instructions, ought in the said law to have been totally applied for the use of newcomers, had been thereby diverted to other uses, desired Mr. Wood, in behalf of the merchants, would inform the Board whether they had any other objections to the said law; to this Mr. Wood said that he would write to the merchants of Bristol and speak to those of London, and let the Board know their answers on Thursday sennight [fo. 93, 123. Bundle E28. ibid: 35, 39].

Rutherford's petition reconsidered.

Mr. Rutherford attending, according to appointment, their lordships took again into consideration his petition, mentioned in the minutes of the 13th instant; and the certificates from two of the late Lords Proprietors, relating to certain grants of land to Mr. Lowndes, read the 22nd of September, 1731, being again read, directions were given for preparing the draught of a report thereon [fo. 91. Bundle D10 fo. 112].

Wednesday, June 25th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Nova Scotia.

Bahams.

Captain Coram etc., petition for settlements.

The secretary informing the Board that Captain Coram, whose petition for land in Nova Scotia and one of the Bahama Islands, was read the 6th instant, was not in town, and desired their lordships would appoint a day for the consideration thereof; the Board appointed next Friday morning at 11 o'clock [fo. 77,115].

Massachusets.

Acts considered.

The Board then took into consideration the following Acts passed in the Massachusets Bay in 1733 and 1734, referred to the Board by two orders of the Lords of the Committee of Council, read the 6th of February last, and agreed as is expressed under each respective title, vizt. [fo. 95. Bundle Bb: 56, 57].

An Act for perambulating the boundary line between this province and the Colony of Connecticut, etc. [No objection to it.]

An Act in further addition to the several Acts or Laws for the settlement and distribution of the estates of intestates. [No objection to it.]

An Act to empower and oblige the surviving commissioners in the County of Hampshire of the £100,000 loan to settle their accounts, etc. [No objection to it.]

An Act for supplying the Treasury with £76,500 bills of credit for discharging the publick debts, etc., and for establishing the wages of sundry persons, etc., in the service of the province. [To be reconsidered before reported; objection to the manner of providing a fund for the money raised.]

An Act for altering the times for holding the Superior Court of Judicature, Court of Assize, etc., in the Counties of Plymouth, Barnstable and Dukes County, Essex and York. [No objection to it.]

An Act for erecting a new town within the County of Essex, etc. [No objection to it.]

An Act for repairing his Majesty's castle called Castle William, and for supplying the Treasury with bills of credit for defraying the charge thereof. [To be reconsidered before reported; objection to the manner of providing a fund for the money raised.]

An Act for granting the sum of £3000 for the support of his Majesty's Governor. [No objection to it.]

An Act in further addition to An Act for the punishing of criminal offenders. [No objection to it.]

An Act for supplying the Treasury with the sum of £27,371 13s. 4d. bills of credit, and for issuing the sum of £2198 18s. 0d., a surplus now remaining in the hands of the Treasurer, etc. [to be reconsidered before reported; objection to the manner of providing for the money raised. Fo. 116].

Barbadoes.

State of it considered.

The Board then took into consideration that part of the general report upon the state of the islands, mentioned in the minutes of the 18th instant, which relates to Barbados, and made a progress therein.

Ordered that lists be prepared of all such papers relating to Barbados, as are required by the addresses of the House of Commons, read the 10th instant [fo. 94, 114].

South Carolina.

Report on Rutherford petition agreed.

The report of the Lords of the Committee of Council, upon the petition of Mr. Rutherford, ordered yesterday to be prepared, was agreed and ordered to be transcribed [fo. 109, 113].

Letter to the President signed.

The letter to Mr. Broughton, President of the Council of South Carolina, ordered yesterday to be prepared, was agreed and signed [fo. 107].

A letter from Mr. Hall of that province read.

A letter from Mr. Hall of South Carolina to......., dated May the 8th, 1735, relating to the production of hemp and flax in that province, as also to the death of Governor Johnson.

Thursday, June 26th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

North and South Carolina.

Boundaries.

Mr. Craven, formerly Governor of South Carolina, Captain Burrington, late Governor of North Carolina, attending, as they had been desired, as also Mr. Fury and Mr. Yonge, agents for South Carolina, the Board took again into consideration the letter from Mr. Fury, relating to the boundaries between North and South Carolina, read the sixth instant, and after some discourse with these gentlemen thereupon, their lordships agreed to consider further thereof at another opportunity [fo. 156].

Report on Rutherford's petition signed.

The report upon Mr. Rutherford's petition for his 12,000 acres of land, purchased in South Carolina, to be set out, agreed yesterday, was signed [fo. 112].

Barbadoes.

State of it considered.

The Board then made a progress in the consideration of the draught of a representation, relating to the state of Barbados, mentioned in yesterday's minutes [fo. 112].

New York.

Duty on slaves.

Their lordships taking again into consideration the order of the Committee of Council, referring the petition of the merchants of Bristol against an act of New York, laying a duty on slaves imported into that province, read the 6th of February last; that part of the said Act, which imposes the duty on negroes, was read, as also Mr. Fane's report thereupon, and the Board resolved to consider further thereof on Tuesday morning next, at which time ordered that Mr. Guerin, agent for New York, and Mr. Wood, agent for the Bristol merchants, have notice to attend [fo. 21, 121. N. York Ee 55].

Trade.

Letter to Mr. Oxenford for Custom House ledgers.

Ordered that a letter be wrote to Mr. Oxenford, Assistant Inspector General of the Exports and Imports, to hasten the transcribing such of the Custom House leidgers as have not been sent to this office [fo. 206].

Friday, June 27th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Nova Scotia.

Bahamas.

Coram's petition for new settlement considered.

An order of the Committee of Council, referring Mr. Coram's memorial and a petition of several others praying for a settlement in Nova Scotia and on Cat Island in the Bahamas, read the 6th instant, was again read; and Captain Coram attending, with some of the petitioners and others willing to go to settle thereon, they complained of the inconveniences attending a military government, and desired that a civil government might be established; and being asked what form of government they thought best, they desired trustees might be appointed to superintend the settlement; then Mr. Coram was desired to put in writing what sort of trust (and the names of the trustees) they desired, what sort of government they would choose to live under; how they proposed to raise money to defray the charge and expence of government, and of what trades the petitioners, who were to settle the intended new colony, were of, and to lay the same before the Board, which he promised to do accordingly [fo. 109, 136].

South Carolina.

Act for regulating courts.

Mr. Robert Hume, attending, desired their lordships would appoint a day for considering Mr. Wright's petition against the Act passed in South Carolina for regulating courts of justice, and they appointed next Tuesday for that purpose, and ordered that Mr. Hume and Mr. Fury have notice thereof [fo. 22, 119].

Massachusets.

Acts considered.

Their lordships resumed the consideration of the remaining part of the Acts of the Massachusets Bay, passed in 1734, referred to the Board by an order of the Lords of the Committee of Council of the 13th of January, 1734–5 and agreed, as is expressed under each respective title, vizt.:

An Act in addition to the several Acts relating to and for preventing of encroachments and encumbrances upon highways, private ways, streets, etc. [No objection to it.]

An Act in addition to An Act for the ease of prisoners for debt. [No objection to it.]

An Act to prevent unnecessary law suits. [No objection to it.]

An Act for regulating the proceedings on bonds of administrators, or intestates' estates. [No objection to it.]

An Act further to exempt persons commonly called Anabaptists from being taxed for the support of ministers. [No objection to it.]

An Act in explanation of, and in addition to An Act for regulating townships, choice of town officers and setting forth their power. [No objection to it.]

An Act to prevent nuisances by hedges, weirs and other incumbrances obstructing the passage of fish in Merrimack River. [No objection to it.]

An Act for erecting a new town within the County of Plymouth by the name of Halifax. [No objection to it.]

An Act for dividing the Town of Enfield and erecting a new town there by the name of Somers. [No objection to it.]

An Act for erecting certain lands at a place called Naticook with other lands adjoining, lying on each side the River Merrimack, into a township by the name of Litchfield. [No objection to it.]

An Act for granting unto his Majesty several rates and duties of impost and tonnage of shipping. [No objection to it.]

An Act for apportioning and assessing a tax of £16,015 12s 0d., and also for apportioning and assessing a further tax of £6342 8s., paid the representatives for their service and attendance in general court and travel in the years 1732 and 1733, and also for apportioning and assessing a tax of £327 16s. 4d. as a fine laid on several towns, etc. [No objection to it.]

Rhode Island.

Cannon and shot petitioned for.

An order of the Lords of the Committee of Council, read the 4th instant, referring the petition of Mr. Partridge, agent for Rhode Island, praying for cannon and shot answerable for a new fort lately erected there at their own charge, was again taken into consideration [fo. 70, 77].

Ordered that Mr. Partridge have notice to attend the Board upon that subject on Tuesday next [fo. 120].