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, March 1736
Ordered that a case be stated to the Attorney and Solicitor General and their opinion asked, whether a foreigner naturalized by Act of Assembly in any of the plantations, can thereby claim the priviledges of natural born subjects in this kingdom, to all intents and purposes, as if naturalized by virtue of an Act of Parliament in Great Britain.
The secretary laying before the Board, the opinion of Sir Edward Northey in 1702/3, when Attorney General, (Leeward Islands C. fo. 153), and the opinion of Baron Thomson in 1718/9, when Solicitor General (New Jersey D. Bun. 88), that no foreigner, naturalized in the plantations, can thereby claim the priviledges of a natural born subject in this kingdom; the Board agreed that the case upon this subject, ordered yesterday to be laid before the Attorney and Solicitor General, should not be sent.
The Order of the Committee of Council, with the petition of the merchants of London, Bristol and Liverpool, complaining of several things, read the 18th ult., was again considered; and the Board agreed upon several minutes for queries for the merchants to answer, when they shall attend. [To be reconsidered the 17th instant.]
Order of the Committee of Council, mentioned in the minutes of 10th ult., again considered, Mr. William Wragg, the only surviving partner, mentioned in the deed of copartnership, referred to in that minute, desires the grant may be made to William Wragg, and that he will convey to the executors of the other partners.
The Board acquainted them, that they could not recommend to his Majesty to make a grant of the land desired upon the foot of the petition, as it now stands; but that the Board does insist that no representation can be made in their favour, unless they agree to pay a quit rent of 4 shillings proclamation money for every 100 acres, and that they may upon this foot give to the Board a paper with proposals of such terms, as they desire to have a new grant upon, which they promised to do accordingly.
Two letters from the Duke of Newcastle, dated the 4th and 8th instant, referring to the Board two extracts of letters from Mr. Bagshaw, Consul at Genoa, a petition to the king from the English merchants there, and the Genoese Envoy's reasons for the tax those merchants complain of, laid upon all the inhabitants of that place, were read.
Ordered that a letter be wrote to Lord Harrington for a copy of the letter Mr. Tilson wrote to Mr. Bagshaw, (referred to in the aforesaid petition), forbidding the English subjects to pay the said tax,
Ordered that the draught of a letter be prepared to the Lord Harrington, in answer to his said letter, and to desire his lordship will communicate to the Board any new informations he may procure upon this subject.
The letter to the Secretary at War, with extracts of letters from Mr. Gregory, Commander in Chief at Jamaica, relating to the state of the independent companies there, ordered to be prepared the 5th inst., was agreed to and ordered to be sent.
Mr. Chitty communicated to the Board a paper, which he called a copy of the contract made with the Court of Russia, which appeared to be made with Mr. Chitty, exclusive of all others, and the Czarina engaging to send rhubarb to none else till 1737.
Mr. Holden says that upon Mr. Chitty's application to the Russia Company a letter was wrote to Mr. Rondeau at Petersburg, inclosing a copy of Mr. Chitty's memorial upon this subject, a copy of this letter was read, and Mr. Rondeau's answer, declaring there was no contract made with Mr. Chitty's agent, Mr. Bardewick.
Mr. Nettleton says no contract is good without the consent of the Czarina, if she thinks fit to interpose. He says that rhubarb, potash and some other things are Crown goods, and her consent must be necessary in any contract about the Crown goods.
Mr. Nettleton says further, that when the Russian Minister here takes security for the performance of any contract with an English merchant, he always takes it according to a form sent him from Russia.
Letter from the Duke of Newcastle, relating to consulage duties, payable at Cadiz, but prohibited by the King of Spain, to be paid for any goods belonging to the Spaniards, was read; and the Board agreed to consider further of this letter, when the Duke shall transmit to the Board the letter he expects from the Consul at Cadiz.
Memorial from Mr. Jenner, in behalf of the Swiss, in answer to the paper of observations upon their seven proposals, given to Jenner the 2nd instant, was read; and upon talking with them upon the subject, they agreed to the several amendments wrote in the margin in Mr. Popple's hand; Mr. Jenner and Mr. Ochs were then desired to attend again next Tuesday.
Mr. Chitty and Mr. Strut desire a copy of the reference upon Chitty's petition about the rhubarb contract, read yesterday; and they were directed to attend again next Tuesday with the state of the case, which they yesterday promised to lay before the Board.
Mr. Strut presents to the Board the case of Mr. Chitty, as mentioned in the minutes of the last meeting, and six papers therein referred to, vizt., a copy of the contract; Mr. Chitty's affidavit with his security; of Baron Shaffirof's letter to Mr. Bardewick; of Mr. Felthusen's affidavit; of Mr. Barnewell's affidavit; of Mr. Rondeau's letter to Mr. Holden.
Mr. Chitty desires the Board to defer making any report upon his said petition, till this day three weeks; and the Board agreed upon this day month for Mr. Chitty to attend again, in order then to lay before the Board such further lights, as he says he expects from his correspondent in Russia.
The Order of the Committee of Council upon the petition of the merchants of London, Bristol and Liverpool, complaining of several matters therein contained, which the Board resolved on the 3rd instant, to consider on this day, was laid before the Board, and their lordships resolved to consider further thereof on Wednesday the 31st instant.
Draught of a report to the Lords of the Committee of Council, upon the petition of the Jews against the tax imposed on them in Jamaica, agreed to the 26th inst., being again considered, their lordships gave directions for preparing the draught of an instruction, pursuant to the said report, to be inclosed in it.
An Act for enabling Mary Howell to sell land for the payment of the debts of her husband, etc., passed at Jamaica in May, 1735, was read, as likewise Mr. Fane's report in favour thereof (Jam. V. 5); and the secretary acquainting the Board that application was made to their lordships by an agent of the said Mary Howell, directions were given for preparing the draught of a representation proposing to confirm the same.
Letter from Lord Harrington, in answer to one wrote to him the 11th inst., desiring a copy of any letters wrote by Mr. Tilson to the Consul of Genoa, forbidding the factory there to pay the tax imposed there etc., was read; and the Board taking again into consideration the letter from the Duke of Newcastle, referring to the Board several papers upon this subject, read the 9th inst., gave directions for appointing some Genoa merchants to attend the Board on Thursday the 25th inst.
The draught of instructions to the Governor, to be inclosed in the representation upon the Jews' petition against the tax imposed on them in Jamaica, ordered yesterday to be prepared, was agreed to; and the representation to the Committee of Council, inclosing the same, was signed.
Letter from Major Gooch, Governor of Virginia, dated the 5th of November last, signifying that commissioners were agreed upon to set out the bounds of Lord Fairfax's patent, was read; ordered that an answer be prepared thereto.
Order to the Committee of Council, directing an instruction to be prepared for the Governor of New England, not to exempt Quakers singly, but all Protestants, from paying to the support of any ministers but their own, was read; ordered that all Acts and other papers, relating to this subject, be laid before the Board next Wednesday morning, when the Board resolve to consider further of it. The Board then adjourned till Tuesday next.
Mr. Paris desires the Board will as soon as possible make their report upon the Order of the Committee of Council, read the 18th ult., directing the Board to propose names of commissioners to settle the bounds between the two provinces; and that three of those named may be a quorum; and the Board agreed to propose the names of the five eldest councillors in the Provinces of Nova Scotia, New York and New Jersey, and that the five, who are now eldest councillors in Rhode Island, be nominally proposed.
Mr. Jenner desires the Board will report upon the petition for settling the 6000 Swiss, mentioned the 16th inst.; and the Board taking his petition, mentioned in the minutes of 16th inst., into consideration, gave directions that Mr. Jenner should attend the Board again to-morrow morning.
Captain Coram desires the Board to appoint some day for considering his proposals for settling Nova Scotia, mentioned in the minutes of the 9th of January last, and the Board appointed this day sennight.
Upon talking with Mr. Jenner, Captain Burrington and Mr. Ochs concerning the quantity of land to be granted to them, they agreed to ask no more than 1000 acres for a gentleman, who should keep three men servants, and 400 acres only for a common man or peasant and his family.
The Board taking into consideration the order of the Committee of Council, read the 18th inst., directing the Board to prepare an instruction to the Governor not to give his assent to any Act for exempting Quakers singly from paying to the support of ministers, resolved to consider of this affair at another opportunity.
Order of the Committee of Council, referring to the Board 17 Acts, was read, and ordered that the said Acts be sent to Mr. Fane for his opinion upon such of them, as he has not already reported upon, but particularly upon that granting rates and duties etc., by which Canary wine is permitted to be imported, contrary to the Acts of Trade.
They both say that they have heard no complaints against any tax; and that the Doge and Senate cannot lay any tax in the Porto Franco; they have talked with the merchants trading there, and they cannot hear anything concerning this tax; ordered that a letter be wrote to Mr. Bagshaw, the Consul at Genoa, with certain queries upon the subject of this tax, and to desire he will send over copies of any subsisting treaty between England and Genoa since 1721, if there are any such, and the statutes of the Porto Franco there.
Draught of report, ordered to be prepared the 23rd inst., with the names of persons proper to be appointed Commissioners to set out the boundary lines between the Massachusets Bay and New Hampshire, was agreed to.
Mr. Holden, attending, as he had been desired, the 16th inst., was acquainted that Mr. Chitty having desired the consideration of his petition might be deferred for a month from that day, on account of his expecting some papers from Russia, the Board had agreed thereto, and that the 13th of the next month was the day appointed.
The secretary acquaints the Board that Mr. Lanham, a clerk in this office, was dead, and Colonel Bladen recommended to the Board Mr. Thomas Hill to supply the vacancy of a clerk's place occasioned thereby; which being agreed to by the Board, he was appointed accordingly; ordered that the other clerks to receive salary according to their several ranks, vizt.,
Mr. How says that within two weeks last past he came from Canço, where he followed the fishing trade for ten years past; he says there are about 6000 French in Nova Scotia, men, women and children; there are about 100 vessels employed in the fishery, of which not above five or six from England, the rest from New England; that the French at Cape Breton have about 300 fishing vessels and three men of war; two of them are constantly upon the Banks during the fishing season and the other remains in Louisburg; this last about 40 guns, and the other two about 60 or 70; the French do sail up the St. Lawrence, but the navigation is very dangerous; their men of war do sail sometimes up that river; the regiment does not want above 10 men to be compleat.
The order of the Committee of Council, with the petition of the merchants of London, Bristol and Liverpool, complaining of several matters therein contained, which the Board on the 17th inst. resolved to have considered as this day, was again postponed to next Tuesday.
The Board, taking into consideration the draught of a representation, ordered to be prepared upon Mr. Jenner's proposals, for settling the 6,000 Swiss in North Carolina, mentioned in the minutes of the 24th inst., made a progress therein, and ordered that Mr. Jenner and Mr. Ochs be directed to attend thereupon on Friday morning next.