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, April 1738
Read the draught of a letter to his Grace the Duke of Newcastle, together with the draught of a representation to his Majesty, relative to the commission and instructions of Samuel Horsey, Esqr., and the same were agreed to and signed.
Read a letter from his Grace the Duke of Newcastle, signifying his Majesty's having appointed Philip Vanbrugh, Esqr., to be Governor of Newfoundland, and directing draughts of his commision and instructions to be prepared, in order to be laid before his Majesty for his approbation.
As also a copy of an order of Council, dated the same day, directing the Governor of the Leeward Islands or any Lieutenant Governor there, to administer the oaths to, and take security of Mr. Thomas, appointed Deputy Governor of Pennsylvania.
A letter was writ by direction of the Board to Mr. Attorney and Solicitor General, desiring their opinion in relation to his Majesty's empowering Capt. Vanbrugh, as Governor of Newfoundland, to erect a court of Oyer and Terminer for the trial of felonies in that island.
The memorial of George Clarke, Junior, Esqr., praying to be appointed a Councillor at New York, in the room of Mr. Harrison, as also Mr. Harrison's letter of surrender of his seat at that Board, were read, and their lordships ordered the draught of a representation to be prepared accordingly, and the same was agreed to, and signed.
Read a letter from Mr. Cleland, dated January 10th, 1737/8, inclosing Naval Office Lists of vessels entered and cleared at Charles Town and George Town in South Carolina, from Midsummer to Christmas, 1737.
Read 2 letters from Mr. Gregory, President of the Council and Commander in Chief of Jamaica, one dated December 28th, 1737, and the other January 19th, 1737/8, giving a state of the Council, and signifying his having sworn in two new Councillors.
Mr. Zouberbuhler attending, delivered the copy of a translation of two letters from his father to him, mentioning some expences he had been at in South Carolina; and their lordships having had some discourse with him on the subject of his petition, mentioned in the minutes of 21st March last, directed a report to be prepared.
Mr Attorney and Solicitor General attending, delivered it as their opinion that his Majesty's prerogative extended to the empowering the Governor of Newfoundland to erect Courts of Oyer and Terminer for the trial of felons, notwithstanding the Act of Parliament of the 10 and 11 of King William.
Read a letter to his Grace the Duke of Newcastle, enclosing the instructions for Philip Vanbrugh, Esqr., Governor of Newfoundland, and a representation thereupon to his Majesty, and the said letter and representation were agreed to, and signed.
The Board resolved to take into consideration the affair of the boundaries between Rhode Island and Massachusets Bay, on Tuesday the 25th instant, and directed that notice thereof should be given to Mr. Paris and Mr. Sharpe.
The Secretary read to the Board a letter writ by him to the Secretary of the Admiralty, enclosing the usual heads of enquiry, relating to the fishery at Canço, and desiring him to lay them before the Lords Commissioners of the Admiralty for their lordships' direction thereon.
The Board took into consideration the memorial of Mr. Wimble, relative to his loss of the Rebecca Brigantine, and having had some discourse with him upon the subject, deferred the further consideration to another opportunity, at his own request.
The draught of a letter to his Grace the Duke of Newcastle, enclosing draughts of general instructions, and of those relating to the Acts of Trade and Navigation for Lewis Morris, Senior, Esqr., as also the draught of a representation to his Majesty thereupon, were agreed to, and signed.
Mr Yeamans appearing, desired the Board would please to postpone his attendance, which by the minutes of yesterday was appointed for Tuesday next, to that day sennight, which request the Board was pleased to comply with.
Read a memorial from Mr. Noden, agent for Bermuda, praying to be heard against an Act, passed in New York, laying a heavy duty on Tonnage, which Act affects the trade and navigation of that island, and their lordships were pleased to appoint Wednesday 26th for that affair, and directed letters should be writ to Mr. Noden and Mr. Leheup, to desire their attendance on that day.
Read a letter from Mr. Mathews, Governor of the Leeward Islands, giving an account of the taking of an English Sloop by a French Garde de Coste, together with the copy of a letter to him from the Governor of St. Eustatia on the same subject, and the Board directed that copies of the said letter should be transmitted to the Duke of Newcastle, in a letter to his Grace, which was accordingly prepared and signed.
Read a letter from Mr. Tigh, Consul at Elsinore, dated December 31st, 1737, transmitting ten several lists of the ships of all nations that have passed and repassed the Sound from the year 1733 to 1737, and the Board directed the Secretary to acknowledge the receipt of his letter, and likewise to satisfy the demand he makes of the charge he has been at.
Read two letters from Mr. Dottin, President of Barbados, one dated Aug. 20th, 1737, transmitting public papers, and remarking a difference between his 46th Instruction and an Act of the Island of 1708, about paying the expence of the grand Session; the other, dated 24th 1737/8, with public papers and remarks on an Act for raising a public supply and on another, for defraying the expence of the grand Session, passed in 1719; and the Board agreed to take the said letters into consideration another opportunity, and in the mean time ordered the Acts should be sent to Mr. Fane, for his opinion thereon.
Mr. Wilks, Agent for the province of Massachusets Bay, attending with the Solicitor General and Mr. Noel, his Counsel, and Mr. Sharpe his Solicitor, and likewise Mr. Partridge, agent for Rhode Island, with Mr. Clarke and Mr. Murray, his Counsel, and Mr. Paris, his Solicitor, as appointed by the minutes of Thursday the 13th instant, their lordships took into consideration the petition of the Governor and Company of Rhode Island to his Majesty, relating to the Bounds betwixt that colony and Massachusets Bay, referred to this Board by an Order of the Lords of the Committee of Council, dated January 13th, 1734/5, (and read March 25th, 1735), and having heard Counsel on both sides, adjourned the further hearing to Thursday next.
Mr. Noden attending, as desired in the minutes of the 18th instant, together with Mr. Paris, in behalf of the inhabitants of Bermuda, complaining of an Act, passed in New York, relating to Tonnage; and George Clarke, Junior, Esqr., on the behalf of New York, the Board had some discourse with them, and after hearing their several reasons, the further consideration was postponed, till Mr. Clarke should procure further information from New York, relative to that affair.
Lord Fairfax attending, desired that the Board would please to appoint a day for the hearing the matter in dispute relating to the Northern Neck in Virginia, and the Board was pleased to order that notice thereof should be given to the agent for Virginia, in order for agreeing on a time convenient to both parties.
Mr. Kirby attending, with Mr. North, his Solicitor, in behalf of the two Blacks, Benjamin Johnson and William, alias Billy, Johnson, mentioned in the minutes of January 17th, and Mr. Yeamans, agent for Antigua, together with Mr. Sharpe, his Solicitor, in behalf of the Bill of Attainder passed against the said Negroes, the Board heard what both sides had to offer, and deferred the further consideration of the affair to another opportunity.
The agent for the province of Massachusets Bay and the agent for Rhode Island attending, with their Counsel and Solicitors, as mentioned in the minutes of Tuesday the 25th, the Board after having heard the reply of the Council for Rhode Island, took the several pleadings into consideration, and gave directions for preparing the draughts of a report thereupon.