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 1735
Mr. Morley, Provost Marshal of South Carolina, attending, as he had been directed, the order of the Committee, referring his petition, read at the last meeting, was again read; he said that the late Governor and Council had often proposed to the Assembly, to build or repair the gaol, but they never would; that he had been obliged to do it at a great expence; that he is the first that ever gave security for the faithful discharge of his duty, but the provost marshalls before him always hired and repaired a house, which they made the prison of, and that the charge of the prison is about £50 per annum [fo. 242, 248].
Order of the Lords of the Committee of Council of 27th October, 1735, referring to the Board eight Acts, passed in the Province of the Massachusets Bay in January, 1734/5; and in April, 1735, was read, and the Acts were ordered to be sent to Mr. Fane for his opinion thereon in point of law.
The secretary informed the Board that there was no establishment of North Carolina at the Treasury, and that he wrote to Captain Burrington for answers to some queries, relating to the provost marshall and publick gaol of that province; and a letter from Captain Burrington, in answer thereto, was read.
Order of the Committee of Council of 27th October, 1735, referring to the Board the petition of Mr. Hodgson for six baronies of land in South Carolina, granted him by the late Lords Proprietors, and to be annexed to his titles of Landgrave and Cassique, was read [fo. 252].
And Mr. Hodgson attending thereon, communicated to the Board a copy of his grant, attested by a notary publick and the Lord Mayor of London, and registered in the Register's office of South Carolina; ordered that the said copy be referred to the Attorney and Solicitor General for their opinion thereon in regard to its validity.
Mr. Morley, Provost Marshall of South Carolina, attending, he was acquainted with the substance of Captain Burrington's letter of the 11th intant, giving an account of the provost marshall's place in North Carolina; he said he desired a salary only until a province gaol is built; ordered that Mr. Yonge be summoned to attend thereon to-morrow morning [fo. 243, 249].
Mr. Yonge, agent for South Carolina attending, as directed yesterday, he acquainted the Board that the building a gaol had been often recommended to the Assembly there, but without effect; and that Mr. Morley had given security for the faithful discharge of his office of provost marshall, but not to take effect till a prison is built.
Order of the Lords of the Committee of Council dated November 7th, 1735, directing the Board to prepare an instruction for the Governor of Jamaica upon an Act passed in that island for raising several sums of money, and subsisting the officers and soldiers etc., against the penalty for enlisting soldiers in that island, was read, and the draught of a report with an instruction for that purpose were agreed to [fo. 241, 252].
Representation upon Mr. Morley, the Provost Marshal of South Carolina's petition for a salary, until a publick prison is built, ordered to be prepared the 19th instant, was agreed to and signed [fo. 249].
Letter from Mr. Gordon, Deputy Governor of Pennsylvania, dated the 2nd of October, 1735, signifying that there are no laws in that province, nor duties that affect the trade of this kingdom, was read.
A memorial from Messrs. Morris, Van Dam and Alexander, presented by Mr. Paris, praying for copies of such papers as are transmitted by Governor Cosby against them, was read, and the Board resolved to consider it with the several papers, therein desired, on Tuesday the 9th of next month [fo. 253].
The Board, resuming the consideration of the memorial of Messrs. Morris, Van Dam and Alexander, read yesterday, came to the following resolution, vizt.: that they do not think proper to give copies of Governor Cosby's letters relating to the removal of the above three persons from being of the Council of New York and New Jersey, they having already obtained from the Council Office a copy of the Board's representation to her Majesty of August 28th, 1735, with their opinion for the removal of the said three persons, founded upon reasons collected from Mr. Cosby's letters, and stated in the said representation [fo. 252, 257].
Mr. Attorney and Solicitor General's opinion upon the patent for land granted by the late Lords Proprietors of South Carolina to Mr. Hodgson, read the 26th instant, was again considered; and the draught of a report thereon, agreeable to the said opinion, that Mr. Hodgson has no right to any land there, was ordered to be prepared, which being immediately done, was agreed to and signed [fo. 252].
Mr. West's report in 1723/4, upon several Acts passed in Virginia in 1723, being read, ordered that the secretary do get a copy of the king's Sign Manual, appointing a treasurer in Virginia, and that a letter be wrote to the Governor to know what the effect the Act for trying of slaves etc., by which free negroes are deprived of the right of voting in all elections, has had.
Mr. West's reports upon several Acts passed in New York in 1719, 1721 and 1723, were read, and a report of Mr. Fane's upon two Naturalization Acts, passed there in 1728, was also read; but nothing material appearing to the Board upon any of those Acts, nor any application made for or against their approbation, they were ordered to lye by.
Mr. West's reports upon several Acts passed in the province of the Massachusets Bay in 1715, 1716, 1717, 1718, 1720, 1721 and 1723, and one report of Mr. Fane's upon several Acts passed there in 1726, were all read; and though Mr. West had objected against some of those Acts, yet as the objections did seem very material upon any of those Acts that are still in force, and no complaint having been made against any of them, they were all ordered to lye by.