Journal, November 1735: Volume 44

Journal, November 1735

Thursday, November 6th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Plummer.

South Carolina.

Common gaol not yet built.

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].

Massachusets.

Eight Acts referred by the Committee sent to Mr. Fane.

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.

Papers for the Parliament.

Then the Board made a progress in reading papers relating to the Leeward Islands, Bahamas and Bermudas, required by the Parliament [fo. 242, 245].

Friday, November 7th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Plummer.

Papers for the Parliament.

The Board read the papers relating to Newfoundland required by Parliament, and made a progress in reading those relating to Nova Scotia.

Tuesday, November 11th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Papers for the Parliament.

The Board read the rest of the papers relating to Nova Scotia, required by Parliament, and made a progress in reading those relating to New England [fo. 244, 246].

North Carolina.

No establishment settled for it.

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.

Wednesday, November 12th. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Papers for the Parliament.

Their lordships made a progress in reading the papers relating to New York and New England, required by the House of Commons [fo. 245, 247].

Thursday, November 13th. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Plummer.

Their lordships made a progress in reading the papers relating to Carolina, Virginia, Maryland, New York and New Jersey, demanded by the House of Commons.

Friday, November 14th. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Their lordships made a progress in reading papers relating to Carolina, Connecticut and Rhode Island, required by the House of Commons [fo. 246, 248].

Tuesday, November 18th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

Hodgson's petition for land.

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.

Public gaol there.

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].

Papers for the Parliament.

Their lordships made a progress in reading papers, relating to the plantations in general, required by the House of Commons [fo. 247, 249].

Wednesday, November 19th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

A new common gaol to be built.

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.

Ordered a report upon Mr. Morley's petition, proposing an instruction to the Governor, to move the Assembly to erect a gaol, at the publick charge.

Jamaica.

Papers for the Parliament.

The Board then began to consider such laws of Jamaica as are described in the Parliament address [fo. 221, 250].

Thursday, November 20th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Barbadoes.

Leeward Islands.

Papers for the Parliament.

The Board considered several Acts of Barbados and the Leeward Islands, described in the addresses of the House of Commons [fo. 249, 251].

Tuesday, November 25th. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Plummer.

Jamaica.

Act against enlisting soldiers to be altered.

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].

Barbadoes.

Leeward Islands.

Then the Board finished the consideration of the Acts of Barbadoes and the Leeward Islands, described in the address of the House of Commons [fo. 250, 252].

Wednesday, November 26th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

Public prison to be built.

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].

Jamaica.

Representation for instructing the Governor about a law against enlisting soldiers.

A representation with an instruction to the Governor of Jamaica, upon the Act of that island laying a penalty on officers inlisting soldiers there, agreed to yesterday, was signed [fo. 250].

Pennsylvania.

No laws there affecting our trade.

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.

South Carolina.

Hodgson's petition for lands.

Mr. Attorney and Solicitor General's opinion upon Mr. Hodgson's petition for lands in South Carolina, was read [fo. 247, 254.]

New York.

Three suspended councillors petition for copies of papers.

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].

Papers for the Parliament.

The Board then considered several Acts of Jamaica, Bahamas, Bermuda, Massachusets and New Hampshire, described in the Parliament addresses [fo. 221, 249, 250, 251, 253].

Thursday, November 27th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

New York.

Memorial of three suspended councillors considered.

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].

Acts described by the Parliament considered.

Then the Board considered several Acts of South and North Carolina, Virginia, New York and New Jersey, described in the addresses of the House of Commons [fo. 252].

Friday, November 28th. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

South Carolina.

Mr. Hodgson has no right to any land.

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].

Virginia.

Acts considered.

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.

New York.

Acts considered.

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.

Massachusets.

Acts considered.

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.