Journal, November 1748: Volume 56

Journal, November 1748

Friday, November 11. Present:—Earl of Halifax, Mr. Pitt,

Miscellanies.

Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

A new commission under the Great Seal, bearing date the 5th day of November, 1748, appointing George Dunk, Earl of Halifax, in the room of John, Lord Monson, deceased, Richard Plumer, Robert Herbert, John Pitt, Baptist Leveson Gower, James Grenville, Esquires, Thomas Hay, Esquire, commonly called Lord Viscount Dupplin, and Francis Fane, Esquire, Commissioners for promoting the Trade of this Kingdom, and for inspecting and improving his Majesty's plantations in America and elsewhere, was opened and read.

New Jersey.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 27th of October, 1748, referring to this Board the petition of Mr. Richard Partridge, agent for the colony of New Jersey, to the Lords Justices, praying that two Acts lately passed in that Colony, the one for emitting £40,000 in Bills of Credit, the other for the Regulation of Fees in the courts of law, may be confirmed by his Majesty; and it appearing that the said Acts were transmitted to Mr. Lamb for his opinion thereupon, in point of law, their lordships agreed to take the above order into consideration, when Mr. Lamb shall have made his report on the said Acts.

New York.

Read the following letters and papers received from Mr. Clinton, Governor of New York, viz.:—
Joint letter from Mr. Clinton, Governor of New York, and Mr. Shirley, Governor of the Massachusets Bay, to this Board, dated at New York, the 18th of August, 1748, relating to the Indian affairs, with proposals of what is proper to be done for cultivating a friendship with them, etc.
Propositions made by George Clinton, Esquire, Governor of New York, to the Six Nations of Indians, the 23rd of July, 1748.
Governor Shirley's speech to the Indians of the Six Nations and their allies, as also to the River Indians, at the interview at Albany, the 23rd of July, 1748.
The Sachems' of the Six Nations answer to Governor Shirley's speech at the interview at Albany, dated 26th July, 1748.
Governor Shirley's letter to the Governor of Canada, concerning the Indians detained in prison there, dated at Albany, 29th July, 1748.

Letter from Mr. Clinton, Governor of New York, dated at Fort George there, the 22nd of August, 1748, mentioning a joint letter of his and Governor Shirley's to this Board on the Indian affairs by way of Boston, and promising to send the Acts of the General Assembly, lately passed at New York, with the minutes of their proceedings, by an opportunity that will soon offer from thence.

Ordered that the draught of a letter be prepared to his Grace the Duke of Bedford, one of his Majesty's principal Secretaries of State, to inclose a copy of the abovementioned joint letter, and to desire his Grace will lay the same before his Majesty for his directions thereupon.

Virginia.

The Secretary acquainted the Board that Mr. Joshua Sharpe, agent for the persons concerned in a private Act, passed in the colony of Virginia in April, 1746, entituled, An Act to enable George Eskridge to sell part of a Tract of Land, not exceeding three hundred and fifty Acres, to raise Money for the payment of his proportionable part of the debts of his Grandfather, mentioned in the minutes of the 17th of August last, had desired that their lordships would lay the same before his Majesty for his confirmation; and the said Act having been read, and appearing to have passed through all the forms required by his Majesty's instructions to his Governor of that Colony in the passing of private Acts, their lordships ordered the draught of a representation to the Lords Justices to be prepared, proposing the confirmation of the said Act.

Ordered that the draught of a representation to the Lords Justices be prepared, proposing Thomas Nelson, Esquire (recommended to the Board by Sir William Gooch, Lieutenant Governor of Virginia, in his letter of the 16th of June last), to be one of the Council in that colony, in the room of Philip Lightfoot, Esquire, deceased.

New Jersey.

Ordered that the draught of a representation to the Lords Justices be prepared, proposing Richard Saltar, Esquire, recommended to the Board by Lewis Morris, Esquire (late Governor of the colony of New Jersey, in his letter of the 28th January 1744–5), to be one of the Council of the said colony, in the room of John Hamilton, Esquire, deceased.

Tuesday, November 15. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Virginia.

The draught of a representation to their Excellencies the Lords Justices, proposing Thomas Nelson, Esquire, to be one of the Council in the colony of Virginia, in the room of Philip Lightfoot, Esquire, deceased, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

New Jersey.

The draught of a representation to their Excellencies the Lords Justices, proposing Richard Saltar, Esquire, to be one of the Council in the colony of New Jersey, in the room of John Hamilton, Esquire, deceased, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

New York.

The draught of a letter to his Grace the Duke of Bedford, to inclose the copy of the joint letter from the Governors of New York and Massachusets Bay relating to Indian affairs, mentioned in the preceding day's minutes, having been prepared, pursuant to the said minutes, was laid before the Board, agreed to, transcribed and signed.

Leeward Islands.

Read the following letters and papers received from General Mathew, Governor of the Leeward Islands, viz.:—
Letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 27th of May, 1748, transmitting (together with duplicates of papers that have been received) the two following originals, viz.:—
Copy of the charge made against Benjamin King, Esquire, by the Assembly of Antigua, for oppression in his office of Judge of the High Court of Admiralty in that Island.
Minutes of Council and Assembly, from the 31st of December, 1747, to the 11th of April, 1748.

Letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 27th of June, 1748, transmitting:—
Minutes of Council, from the 24th of July, 1746, to the 6th of August, 1747.
Five Acts, passed at Antigua, in May and June, 1748.
An Act passed at St. Christophers, the 14th of April, 1748.

Letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 29th of June, 1748, transmitting:—
Three Acts, passed at Nevis, the 27th of June, 1748.

Ordered that the said Acts be sent to Mr. Lamb.

New Jersey.

Mr. Paris, agent for the executors of Lewis Morris, Esquire, late Governor of the colony of New Jersey, attending, presented to the Board a memorial in behalf of the said executors, setting forth, that the late Governor, having, in compliance with the directions of this Board, refused his assent to a Bill for remitting £40,000 in Paper Money, which the Assembly would have passed without a suspending clause, they had not granted him any salary for two years before his decease, and therefore praying that their lordships would postpone the consideration of an Act, passed by the present Governor, and now before the Board, for emitting £40,000 in said Paper Money, until the Assembly shall have made some provision for the payment of the arrears due to the said late Governor Morris, which said memorial having been read, their lordships informed him, that they should readily give all the countenance in their power to any method for obtaining what was due to the late Governor from the province, on account of his compliance with their directions, but that the memorial was liable to objections, in as much as the payment of such arrears had no connection with the merits of a Bill passed by the present Governor; whereupon Mr. Paris desired leave to withdraw the said memorial, and to prepare another not liable to this objection; but at the same time he moved for leave to be heard against the abovementioned Act for emitting £40,000 in Paper Money, when the Board should consider the same,—which was agreed to, and their lordships acquainted him that he should have notice thereof.

Leeward Islands.

It appearing by the minutes of the 28th of June last that Mr. Paris, as agent for Benjamin King, Esquire, suspended from his seat in the Council of Antigua by General Mathew, had desired to be heard thereupon in behalf of Mr. King, and that the Board had agreed to consider of this matter when the charge of the Assembly of that Island against Mr. King, mentioned in Mr. Mathew's letter of the 24th of May last, should be received, their lordships acquainted Mr. Paris that they had now received the said charge, whereupon he informed the Board that Mr. King was arrived in England from the said Island of Antigua, and being at Bath, would attend their Lordships upon this subject, as soon as he came to town; in the mean time he moved their lordships for a copy of Mr. Mathew's reasons for the suspension of Mr. King, which was granted and ordered to be delivered to him.

Virginia.

The draught of a representation to their Excellencies, the Lords Justices, proposing the confirmation of a private Act, passed in Virginia in April, 1746, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Wednesday, November 16. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Trade.

Africa.

Their lordships took into consideration the memorial of the African Company to the Lords Commissioners of the Treasury, dated the 30th of June last, relating to the payment of £10,000 for the use of their forts, mentioned in the minutes of the 26th of last month, and directed the Secretary to write to Mr. Spence, Secretary to the said Company, to desire his attendance at the Board to-morrow morning, at eleven o'clock.

New Jersey.

Read a petition of the executors of Lewis Morris, Esquire, late Governor of the colony of New Jersey, prepared by Mr. Paris, pursuant to the preceding minutes, setting forth that the said Governor had not been allowed any salary by the Assembly of that colony for two years before his decease, and desiring their lordships would direct the present Governor to use his endeavours to obtain the same for the said executors to the time of the late Governor's death.

Agreed to consider the said petition at another opportunity.

South Carolina.

Georgia.

Read a letter from Captain William Thomson to the Secretary of this Board, dated September 8th, 1748, acquainting him, for

Georgia.

the information of this Board, that Lieutenant Colonel Alexander Heron had, without any authority, seized a Swedish ship, which the said Captain Thomson met with at sea, and by letter of marque brought into Georgia, having French sugars on board; to the condemnation of which ship and cargo he is now proceeding in the Admiralty of England, there being no Vice Admiralty Court ever appointed in the province of Georgia; and inclosing a copy of his, the said Captain Thomson's memorial, on this occasion to the Honourable Trustees for establishing the said colony, in whom the civil government is soley vested, and by them lodged in their President and Assistants there.

Ordered that the letter, directed to be wrote to Colonel Heron, in answer to one from him, mentioned in the minutes of the 25th of August last, be postponed.

Thursday, November 17. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office, from Christmas, 1747, to Lady day, 1748, amounting in the whole to three hundred pounds, six shillings and three pence, and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and under officers in the service of this Board for the same time, was agreed to and signed.

Trade.

Africa.

Mr. Spence, Secretary to the Royal African Company, attending, as desired, upon the subject of the memorial of the said Company to the Lords of the Treasury, mentioned in the preceding day's minute, and being called in, their lordships acquainted him, that as he had only laid before them the copy of a minute of the Lords of the Treasury with the said memorial, they thought it improper to take this affair into consideration without a regular reference from the Treasury; whereupon Mr. Spence desired leave to withdraw the said memorial, as also the copy of the minute thereunto annexed, and acquainted their lordships that he would apply to the Lords of the Treasury in order to the obtaining such a reference as they should think proper.

New Jersey.

Their lordships took into consideration the petition of the executors of Mr. Morris, late Governor of New Jersey, relating to his salary, mentioned in the preceding day's minutes, and ordered the draught of a letter to Mr. Belcher, Governor of the said colony, to be prepared, directing him earnestly to recommend to the Assembly to make provision for the payment of the salary withheld from him for two years before his decease.

Jamaica.

It appearing by the minutes of the 28th of July last that the consideration of An Act, passed in the Island of Jamaica in 1741, for limiting the duration of future Assemblies, was ordered to be postponed until this month, at the request of Mr. Sharpe, agent for that Island, who appeared in behalf thereof, but was not then sufficiently instructed concerning the same, their lordships agreed to take the Act into further consideration on Thursday next, and directed the Secretary to write to Mr. Sharpe to attend on that day, at eleven o'clock.

Thursday, November 24. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Jamaica.

The Secretary acquainted the Board that, pursuant to their directions, he had wrote to Mr. Sharpe, agent for the Island of Jamaica, to attend on this day upon the subject of the Act, passed there in 1741, for limiting the duration of future Assemblies, and that Mr. Sharpe had desired him to move their lordships further to postpone the consideration of the said Act until January next, he not having received, as yet, any instructions for Jamaica, relating thereto, but if their lordships did not think this a sufficient reason, he hoped they would indulge him with a further time on account of his indisposition, which would not permit him to attend.

Ordered that the Secretary do acquaint Mr. Sharpe that the Board have agreed to postpone the consideration of the said Act until January next, according to his request.

Leeward Islands.

The Secretary likewise acquainted their lordships that Mr. Sharpe had desired, that if any application was made in behalf of Colonel King, suspended from the Council of Antigua by Governor Mathew, he might have notice thereof.

Ordered that the Secretary do acquaint Mr. Sharpe that Mr. Paris had applied to be heard in behalf of Mr. King, and that as soon as the Board shall take this affair into consideration, he shall have notice thereof.

New Jersey.

The draught of a letter to Mr. Belcher, Governor of New Jersey, in answer to two from him, and recommending him to endeavour to induce the Assembly of that province to make provision for the payment of the salary, withheld from the late Governor during the two last years of his administration, having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to and ordered to be transcribed, together with a copy of the petition of the executors of the said late Governor, mentioned in the said minutes, in order to be transmitted therewith.

Trade.

Africa.

Read a letter from Mr. West, Secretary to the Lords of the Treasury, dated the 22nd of November, 1748, referring to this Board, a petition of the African Company for the payment of £10,000, which the House of Commons addressed his Majesty in 1745, to issue to the said Company for the use of their forts; as also a petition of David Crichton, praying that several sums expended by him in their service may be paid out of the said £10,000, which papers the Lords of the Treasury desire the Board would favour them with their opinion upon.

Read likewise the humble petition of the above David Crichton to this Board, relating to the money disbursed by him for the African Company, as set forth in his abovementioned petition to the Lords of the Treasury, referred to this Board.

Ordered that the Secretary do write to the African Company, as also to Mr. Crichton, to desire their attendance at the Board on Wednesday next, the 30th instant, at 10 o'clock in the morning, upon the subject of the above reference.

Read the following letters and papers from Mr. Glen, Governor of South Carolina, viz.:—
South Carolina.
Letter from Mr. Glen, Governor of South Carolina, to the Board, dated the 10th of October, 1748, containing a state of the case of a Dutch ship, condemned in the Court of Admiralty there for illegal trade at Jamaica.
Letter from Mr. Glen, Governor of South Carolina, to the Board, dated the 10th October, 1748, containing a continuation of the state of their Indian affairs.
Letter from Mr. Glen, Governor of South Carolina, to the Board, dated the 10th of October, 1748, relating to the defects in the constitution of the government, and the great powers lodged in the hands of the Assembly.
Governor Glen's observations upon the Acts of the Assembly of the province of South Carolina in 1747 and 1748, with the reasons for passing them.

Friday, November 25. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane.

New Jersey.

The draught of a letter to Mr. Belcher, Governor of New Jersey, having been transcribed, pursuant to the preceding day's minutes, was laid before the Board and signed.

Tuesday, November 29. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Lord Dupplin.

Newfoundland.

Read a letter from Admiral Watson, Governor of Newfoundland, to the Board, dated at Spithead, the 24th of November, 1748, inclosing the following papers, relating to the present state and condition of Newfoundland, and the trade and fishery thereof, viz.:—
Answers to the fifty-three last articles of his Majesty's instructions to Charles Watson, Esquire, Governor of Newfoundland, for the year 1748.
The state and condition of Fort William in St. John's, Newfoundland, August the 15th, 1748.
A state and remain of ordnance and military stores at St. John's in Newfoundland, from the 16th of August, 1745, to the 30th July, 1748.

Wednesday, November 30. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Trade.

Africa.

Read a memorial of a committee of the creditors of the Royal African Company to the Board, setting forth that the said creditors had, upon the application of that Company to the Lords of the Treasury for payment of £10,000 formerly addressed for, recommended to their lordships that effectual care might be taken to have it laid out in the service of the forts, that understanding the Company had since obtained a reference of their petition to this Board, they hoped, as the Parliament was now sitting, their lordships would be of opinion that the payment of the said money should be suspended until the pleasure of Parliament was known; and the said committee attending were called in, and their lordships informed them, that as they had appointed this day for the African Company to attend upon their said petition, they were at liberty to be present, and to offer what they thought proper upon this affair.

Trade.

Africa.

And Mr. Hayes and several of the Court of Assistants of the Royal African Company, as also Mr. Crichton, late agent for the said Company on the coast of Africa, attending, as desired, were called in, and their lordships proceeded to take into their consideration the petition of the said company and of Mr. Crichton, referred to them by the Lords of the Treasury, as mentioned in the minutes of the 24th instant, and the said reference and petition having been read, Mr. Hayes was asked what he had to offer with respect to a proper security to be given by the said Company that the £10,000 petitioned for by them should be applied solely to the use and service of their forts; whereupon he acquainted their lordships, that in payment of money voted in Parliament it had been usual for the Company to apply to the king for his order to the Lords of the Treasury to issue the same, who thereupon issued a warrant to the Exchequer, directing payment of the money to the Company, or their attorney, properly authorized by them: That the accountant, attended by the Deputy Governor, usually received the money and lodged it in the Bank for the use of the Company, and it was from time to time drawn out by their orders: but that if this money, now petitioned for, was issued as usual in the Company's name, as there are several executions and judgments out against them, it would occasion difficulties and disturbance: that he was sensible no time was to be lost in sending out necessaries for the service of the Company, who were in a starving condition, and therefore, if it was thought proper to name any merchant for this purpose the Company will appoint him their attorney: that the Company had appointed two persons to go out, but they were not gone, and if they were approved of, to see the due application of the money, they might go under direction from the Treasury; but if not approved of, the Lords of the Treasury might appoint others, and the Company would elect them and send them out, and revoke their orders to the others.

That the settlements are in extreme danger, and that the French are fitting out several ships and will settle Annamaboe, and unless the government sends out two men of war, will ruin the settlements; and Mr. Hayes being asked if he was authorized by the Company to make these proposals, he said, he apprehended he was, but there was no regular minute of the court concerning it; he likewise said that if the said £10,000 was granted, there ought to be a reservation of so much as had been disbursed by Mr. Crichton, and of what would be necessary for the education of the two sons of the Caboceer brought over by Mr. Crichton, as set forth in his petition.

Trade.

Africa.

Mr. Solomon Ashly, one of the Court of Assistants of the said Company, said that the two persons appointed by the Company, whose names were Stockwell and Husbands, had been long in the service of that Company, and had behaved with great honesty, and were proper persons for this trust; and that if others were appointed, it would take a great deal of money from the Company: he likewise informed the Board that the Company had appointed eight factors and a surgeon, who were preparing to set out.

Mr. Crichton being asked what he had to offer upon the subject of his petition, said that the facts were fully set forth in the said petition, and that he drew a Bill upon the Company on the 1st of May, 1745, for the money disbursed for the service and support of their servants, and that in December following he received advice of it's being protested, with promises, however, that it should be paid out of the next money: That he acted as chief agent for the Company, and that his accounts are entered in their books; and Mr. Hayes being asked, how the servants of the Company came to be in such necessity, when the Parliament had granted the Company £20,000 in 1744, he said that the ships sent out to Africa upon that occasion lay from September, 1744, till March, 1745; and Mr. Crichton being asked when he received the same, and how much, he said he received £13,000 at Cape Coast, in August, 1745; and Mr. Hayes being asked how Mr. Crichton came not to be paid out of the £10,000 granted in 1746, he said the Company did not know whether the Bill might not have been paid upon the coast, and being asked whether all the £10,000, granted in 1746, was sent out, he said that in the year 1744 and 1746, the Company had sent out £30,000, but that only £5,000 was sent out in 1746, the remainder being applied to the payment of debts contracted in 1744, and Mr. Crichton being asked if he received any money in 1746, said, that in September, 1747, he received £3,000.

Mr. Hayes being asked if there were any creditors of the Company under the same circumstance with Mr. Crichton, he said he did not know of any, and believed there were not.

Mr. King, one of the committee in behalf of the creditors, said that Mr. Crichton's case was not different from that of the rest of the creditors, as it could not be advanced on the faith of the address, which was subsequent to the disbursement, and that the debts of their creditors are equally on the faith of the publick, and for the service of the forts; that there were many debts contracted in 1744 to a very large sum, which remains unpaid, and if their lordships would give them an opportunity, they would call together the creditors and lay before the Board an account thereof; to which Mr. Crichton said, that he was likewise a creditor of the Company, under the like circumstances with those gentlemen, but that this debt stood in a different light, as the money was advanced upon an emergency, and to prevent the ruin of the settlements.

Trade.

Africa.

Their lordships then acquainted Mr. Hayes and the rest of the Court of Assistants present, that before they could make a report upon this affair, it was necessary that the African Company should lay before them their proposals in writing, duly authenticated, in such manner as they should think proper. They likewise acquainted the committee for the creditors of the said Company, that they should be ready to receive any thing they should further think proper to offer, relating to this affair; and all parties being directed to withdraw, their lordships agreed further to consider thereof, as soon as the African Company shall lay before them their proposals in writing.