Journal, March 1736: Volume 45

Journal, March 1736

Tuesday, March 2. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Brudenell, Mr. Plummer, Colonel Bladen, Sir A. Croft.

North Carolina.

Mr. Jenner's proposal for settling the 6000 Swiss, mentioned in the minutes of the last meeting, was again considered.

Plantations General.

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.

North Carolina.

Report upon Mr. McCulloch's petition for land in North Carolina, agreed to the 26th ult., was signed.

Wednesday, March 3. Present:—Earl Fitz-Walter, Colonel Bladen, Mr. Plummer, Mr. Ashe.

Plantations General.

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.

Trade.

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.]

Thursday, March 4. Present:—Earl Fitz-Walter, Mr. Ashe, Mr. Plummer, Colonel Bladen, Sir O. Bridgeman, Sir A. Croft.

South Carolina.

Mr. Samuel Wragg.

Mr. Shelton.

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.

Affidavit from Samuel Wragg and Deane, relating to the expence the partners had been at, in erecting saw mills etc., was read.

Samuel Wragg says the expence was paid by all the 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.

Friday, March 5. Present:—Earl Fitz-Walter, Mr. Brudenell, Colonel Bladen, Mr. Ashe, Sir O. Bridgeman.

Jamaica.

2 letters from Mr. Gregory, President of the Council and Commander in Chief at Jamaica, dated the 23rd October, 1733, were read; the other dated 21 November following.

Ordered that such parts of the said letters, as relate to the independent companies, be sent to the Secretary at War, and that a letter be prepared accordingly.

A representation proposing Mr. Concanen, Mr. Garbrand and Mr. Phelp to be Councillors of Jamaica in the room of Messrs. Ayscough, Pennant and Moore, was agreed to and signed.

Tuesday, March 9th. Present:—Earl Fitz-Walter, Colonel Bladen, Mr. Brudenell, Sir A. Croft, Mr. Ashe, Sir O. Bridgeman.

Trade.

Genoa.

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,

Trade.

Denmark.

Letter from Lord Harrington, inclosing extract from Mr. Titley, the English Envoy at Copenhagen, relating to a woollen manufacture established there, was read.

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.

Trade.

Genoa.

The Earl Fitz-Walter then communicated to the Board the copy of reasons in support of the above mentioned Genoese tax, prepared by the Genoese Resident, Monsr. Guastalla, which was read.

Jamaica.

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.

Thursday, March 11. Present:—Earl Fitz-Walter, Sir O. Bridgeman, Mr. Plummer, Mr. Ashe, Mr. Brudenell, Colonel Bladen, Sir A. Croft.

Maryland.

Lord Fitz-Walter communicated to the Board a letter from Lord Baltimore, promising to send to the Board a set of the Maryland laws, and it was read.

Trade.

Genoa.

Letter to Lord Harrington, ordered to be prepared at the last meeting, for a copy of Mr. Tilson's letter, forbidding the English factory at Genoa to pay the tax, was agreed to.

Trade.

Denmark.

Letter to Lord Harrington, in answer to his Lordship's, read the last meeting, relating to trade and manufactures set up at Copenhagen, was agreed to.

Trade.

Russia.

Mr. Chitty.

Mr. Bond.

Mr. Strut, Attorney.

The Order of the Committee of Council, read the 25th ult., referring to the Board Mr. Chitty's petition, in relation to his contract about rhubarb, was again read.

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 and some of Russia Company.

Mr. Nettleton.

Mr. Spelman.

Mr. Astell.

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. Spelman has lived many years in Russia, and says he believes Mr. Rondeau's state of the affaire is just, and that any contract, made with the Czarina, must be agreed to by herself.

Mr. Spelman says no contract, agreed to by the High Senate, is conclusive to the Czarina, unless she agrees to it. Mr. Astell says it is so.

The Board asked whether any contract made with the Colledge of Commerce, and agreed to by the High Senate, is conclusive to the Czarina.

Mr. Holden, Mr. Spelman and Mr. Astell say it is not, unless agreed to by the Czarina.

Mr. Crookshanks.

Mr. Crookshanks says if any contract amounts to above 10,000 rubells, the Colledge of Commerce cannot make it, without the consent of the High Senate.

Mr. Nettleton.

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. Chitty is to lay before the Board a state of the case in writing, with copies of all letters referred to therein.

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.

Friday, March 12. Present:—Earl Fitz-Walter, Mr. Ashe, Sir O. Bridgeman, Mr. Pelham, Colonel Bladen.

Trade.

Denmark.

Letter to Lord Harrington, relating to manufactures set up at Copenhagen, agreed to yesterday, was signed.

Trade.

Genoa.

Letter to Lord Harrington, relating to duties imposed at Genoa, agreed to yesterday, was signed.

Trade.

Cadiz.

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.

North Carolina.

Captain Burrington, Mr. Jenner, Mr. Ochs.

Letter from Captain Burrington about the Swiss settlement, mentioned in the minutes of 2nd instant, was read.

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.

Trade.

Russia.

Mr. Chitty, Mr. Strut.

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.

Tuesday, March 16. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Brudenell, Mr. Ashe, Colonel Bladen, Mr. Plummer.

North Carolina.

Mr. Jenner, Mr. Ochs, Captain Burrington.

The Board considered Mr. Jenner's memorial upon the settlement of the 6000 Swiss, read at the last meeting.

Mr. Ochs presents to the Board the extract of a letter from Switzerland upon the same subject; this was read.

The letter, for inclosing a copy of Jenner's proposal to the Governor of North Carolina, ordered to be prepared the 27th ult., was agreed to and ordered to be transcribed.

New Hampshire.

Draught of report to the Commissioners of Council, ordered to be prepared the 17th ult., was again considered and agreed to.

Trade.

Russia.

Mr. Chitty.

Mr. Strut.

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.

To be again considered the 13th of April.

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.

Ordered that Mr. Holden, Governor of the Russia Company, be desired to attend the Board any morning to be acquainted with the reasons why the Board defer making their report for a month.

Wednesday, March 17. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Plantations General.

Trade.

To be considered again the 31st inst.

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.

Jamaica.

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.

Massachusets.

New Hampshire.

Report to the Committee of Council, ordered to be prepared the 17th ult., proposing the repeal of the New England Act for preventing the currency of New Hampshire bills, was signed.

Jamaica.

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.

Trade.

Genoa.

To be considered again the 25th inst.

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.

Thursday, March 18. Present:—Earl Fitz-Walter, Mr. Pelham, Colonel Bladen, Mr. Brudenell, Sir O. Bridgeman, Mr. Plummer.

Jamaica.

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.

Representation, proposing the confirmation of Howell's Act, ordered yesterday to be prepared, was agreed to and signed.

Virginia.

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.

Massachusets Bay.

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.

Tuesday, March 23. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Ashe, Sir A. Croft, Colonel Bladen.

Massachusets.

New Hampshire.

Mr. Paris.

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.

North Carolina.

Mr. Jenner.

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.

Nova Scotia.

Captain Coram.

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.

Wednesday, March 24. Present:—Earl Fitz-Walter, Mr. Pelham, Sir O. Bridgeman, Mr. Ashe, Mr. Plummer.

North Carolina.

Mr. Jenner.

Captain Burrington.

Mr. Ochs.

Massachusets.

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.

Thursday, March 25. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Brudenell, Mr. Plummer.

New England.

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.

Trade.

Genoa.

Mr. Loubière, Mr. Busier.

The two letters from the Duke of Newcastle, read the 9th inst., and the letter from Lord Harrington, read 17th inst., relating to a duty laid on the inhabitants at Genoa, were again read.

Mr. Loubière says that all inhabitants of the city are liable to taxes, but that those, who live in the Porto Franco, are not subject to any duty.

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.

Friday, March 26. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Ashe, Colonel Bladen.

Massachusets.

New Hampshire.

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.

Rhode Island.

Letter from Mr. Partridge, agent for Rhode Island, with a list of the councillors of that colony in 1734, was read; and directions were given for inserting the first five names in the above report.

Russia.

Trade.

Mr. Holden.

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.

Tuesday March 30. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Ashe, Colonel Bladen, Sir A. Croft, Mr. Plummer.

Miscellanies.

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.,

Nova Scotia.

Cat Island.

Captain Coram and many of the proposed settlers.

Captain Coram's proposals for the settlement of Nova Scotia and Cat Island, (one of the Bahamas) [Nova Scotia E 24 and 25], again read.

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.

Captain Coram says, he does not doubt being able to raise money sufficient to carry on this settlement (without asking anything of the Crown) from some cities and towns in England.

Ordered that the secretary do prepare a state of government under trustees for this proposed settlement, to be laid before the Board.

Wednesday, March 31st. Present:—Earl Fitzwalter, Mr. Pelham, Mr. Ashe, Sir A. Croft, Colonel Bladen.

Miscellanies.

Incidental accounts, from Christmas last to Lady Day, being laid before the Board, a letter, for inclosing the same to the Treasury, was agreed to and signed.

Trade.

Genoa.

The letter to Mr. Bagshaw, Consul at Genoa, ordered to be prepared the 25th inst., was agreed to, and ordered to be sent.

Plantations General.

Jamaica.

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.

North Carolina.

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.