Journals of the Board of Trade and Plantations, Volume 9, January 1750 - December 1753. Originally published by His Majesty's Stationery Office, London, 1932.
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Journal, April 1750
Their lordships, taking into consideration the above-mentioned
Acts, reported upon by Mr. Lamb, ordered the two following Acts,
An Act for the better ascertaining the number of members to be chosen for the several Counties within this province to sit in General Assembly and for establishing a more equal Representative of all his Majesty's subjects in the House of Burgesses.
An Act to fix a Place for the Seat of Government and for keeping publick offices; for appointing Circuit Courts and defraying the expence thereof; and also for establishing the Courts of Justice and regulating the Proceedings therein.
to be sent to the Attorney and Solicitor General for their opinion thereupon, and that the petition of the inhabitants of the Northern Counties against the first mentioned Act should likewise be sent to them together with all such evidence and papers as have been transmitted in support of the said petition, as well as in support of the Governor, Council and Assembly for passing the said Act; and likewise all such papers, as have been laid before the Board, which anyway relate to this matter.
Resolved that the order for hearing the several parties concerned in this affair on the 24th instant be discharged and that the Secretary do write to Mr. Abercromby, agent for the province, and to Mr. McCulloch, agent for the petitioners, against the Act, to desire their attendance at the Board to-morrow morning.
Read the following letters and papers from Mr. Belcher,
Governor of New Jersey, viz.:—
Letter from Mr. Belcher, Governor of New Jersey, dated Perth Amboy, the 24th of October, acquainting the Board that the state of that province as to the rioters, is rather worse than when he writ last, and that he does not expect to see things better till he receives his Majesty's especial orders concerning them.
Letter from Mr. Belcher, Governor of New Jersey, to the Board, dated at Burlington, the 27th November, 1749, relating to the Assembly's proceedings with respect to the rioters, and the late Governor Morris's salary, and transmitting:—
The proceedings in respect to the arrears due to Governor Morris's family, on an application made on that head by his Excellency, Jonathan Belcher, Esquire, Governor of New Jersey, to the Assembly of said province in October, 1749.
Minutes of Council, from the 28th of September, to 20th October, 1749.
Printed votes of the General Assembly, from the 25th September to the 20th of October, 1749.
Read the memorial of Robert Hunter Morris, Esquire, complaining of the injustice of the Assembly of New Jersey in refusing to pay the arrears of salary due to the late Governor of the said province, his father, and desiring relief therein.
Read the following letters and papers from General Mathew,
Governor of the Leeward Islands, viz.:—
Letter from General Mathew, Governor of the Leeward Islands, dated at Antigua, the 28th August, 1749, transmitting two original Acts passed at Antigua in August, 1749.
Letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 28th September, 1749, containing observations on the Act relating to a register office on the Island of Nevis, and transmitting:—
Minutes of Assembly of St. Christopher's, from the 27th April to the 15th May, 1749.
An Act to prevent the abuses in carrying on the inland trade of this Island, passed at Montserrat, the 16th of August, 1749.
Letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 11th of October, 1749, transmitting two papers concerning Mr. King's suspension, viz.:—
Copy of a memorial of Benjamen King, Esquire, to Josiah Martin, Esquire, Lieutenant-Governor, and the Council of Antigua.
Copy of a letter from President Martin to Governor Mathew, then at St. Christopher's, dated Antigua, the 2nd of October, 1747.
Letter from General Mathew to the Board, dated at Antigua, the 13th November, 1749, relating to the suspension of Mr. King, and his own intention to return to England in the spring.
Letter from General Mathew to the Board, dated at Antigua, the 21st November, 1749, transmitting:—
Minutes of Council of Antigua, from 25th August, 1748, to the 23rd August, 1749.
Read depositions and copies of minutes of Council, relating to the trial of Benjamen King, Esquire, at a Court of King's Bench and Grand Sessions of the Peace for the island of Antigua in July and August, 1748, for extortion in his Office of Judge of the Admiralty.
Read depositions of witnesses, sworn before the Honourable William Lavington, Esquire, Chief Justice of the Court of Common Pleas, held for Antigua at the request and on behalf of his Excellency, William Mathew, Esquire, Governor of the Leeward Islands, touching the suspension of Benjamen King, Esquire.
The Board, on consideration of the abovementioned letters and papers, relative to the suspension of Colonel King from his seat in the Council of Antigua, and upon being informed by Mr. Paris, agent for Colonel King, that a petition had been presented to his Majesty, complaining, amongst other things, of the said suspension, were of opinion that they could not proceed upon the Governor's reasons for the said suspension, and therefore resolved that the order for hearing the parties on this affair should be discharged.
Read a letter from Mr. Jennings, Secretary of Maryland, dated at Annapolis, the 27th November, 1749, inclosing a list of the names of foreign protestants naturalized in that province, according to the Act of Parliament, between the 1st of June, 1748, and the 1st of June, 1749.
Read a letter from Mr. Briscoe, Deputy Secretary of Jamaica, dated the 20th September, 1749, inclosing a list of persons naturalized in that island, between the 1st September, 1748, and the 1st August, 1749.
The Secretary laid before the Board the following copies of
Orders of Council, viz.:—
Copy of an Order of Council, dated the 23rd of November, 1749, approving a representation of this Board, proposing the repeal of an Act, passed in the province of New Jersey, for making current £400,000 in bills of credit.
Copy of an Order of Council, dated the 23rd of November, 1749, approving a representation of this Board, proposing the confirmation of an Act, passed in New Jersey, for enabling the Judges and Justices of that Colony to ascertain and tax bills of cost, etc.
Copy of an Order of Council, dated the 23rd of November, 1749, approving a representation of this Board, proposing Samuel Husbands and George Walker, Esquires, to supply two vacancies in the Council of Barbados.
Copy of an Order of Council, dated the 23rd of November, 1749, approving a representation of this Board, proposing John Palmer and Samuel Long, Esquires, to supply two vacancies in the Council of Jamaica.
Copy of an Order of Council, dated the 23rd November, 1749, approving a representation of this Board, proposing the repeal of an Act, passed in the province of New Jersey in February, 1747–8, entituled, An Act for punishing the coiners and counterfeiters of bills of credit of this province.
Copy of an Order of Council, dated the 14th of December, 1749, approving a representation of this Board, proposing the confirmation of twelve Acts passed in the Massachusets Bay in 1745 and 1746.
Read an Order of the Lords of the Committee of Council, dated the 8th December, 1749, referring to the consideration of this Board, twelve acts passed in the province of the Massachusets Bay in 1748 and 1749.
Mr. Abercromby, agent for North Carolina, and Mr. McCulloch, agent for the petitioners, against the Act for ascertaining the number of the members of the Assembly, attending as desired, they were acquainted that their lordships had referred this matter to his Majesty's Attorney and Solicitor General for their opinion as to the legality of the Act, and had ordered all such papers in their office, as any ways relate to this affair, to be laid before them, and that the order for hearing the parties on the 24th instant was discharged.
Mr. Sharpe, agent for the Island of Jamaica, and Mr. Paris for the absentees, attending as desired, their lordships proceeded to hear what they had further to offer as to the address of the said Island, relative to the instruction restraining the Governor of that Island from passing any law for laying higher taxes upon the said absentees than the residents; and Mr. Sharpe having no proofs transmitted to him in support of the allegations of the said address, their lordships resolved that the further consideration of this affair should be postponed until he should receive the proper proofs, which he acquainted the Board he expected very soon.
Read a letter from the Duke of Bedford, dated the 6th April, 1750, directing this Board to prepare a new Commission for Francis William Drake, Esquire, Governor of Newfoundland, empowering him to appoint Commissioners of Oyer and Terminer for the tryal of capital offences, treason excepted, as also the draught of an instruction, agreeable to that prepared for Captain Vanbrugh in the year 1738.
The draught of a Commission and instructions having been prepared agreeable to the aforementioned letter, together with the draught of a representation to his Majesty thereupon, and of a letter to the Duke of Bedford, inclosing the same, they were laid before the Board and agreed to, and the letter and representation having been transcribed, were laid before the Board and signed.
Read a letter from the Duke of Bedford, dated the 31st of October, 1749, signifying his Majesty's commands, that this Board do prepare a Commission and instructions for William Shirley and William Mildmay, Esquires, nominated by his Majesty's Commissaries for settling all the points in dispute in America between the Crown of Great Britain and France, as well in relation to the limits in North America as to the four disputed islands in the West Indies.
Their lordships taking the said letter into consideration, were of opinion that it should be signified to the Duke of Bedford, that as the determining what are the just limits of the several possessions of the Crowns of Great Britain and France in America is a matter of great importance and difficulty, which equally affects every colony belonging to his Majesty and which has never received any decision, it will be impossible to prepare the general instructions desired in that manner which the subject requires, without a very exact consideration of a variety of particulars, which it will take some time to collect and state with certainty; that if such delay should be thought to be no inconvenience to the business, their lordships would proceed in making out instructions with all possible dispatch, but if it was thought proper the negotiation should be entered upon immediately, to submit whether, if instructions were given relative to the limits of Nova Scotia and his Majesty's right to the four disputed islands, a state whereof the Board would endeavour to prepare in a short time, the Commissaries might not begin with treating upon these points while the Board was preparing instructions upon the rest; and the draught of a letter, agreeable to this opinion, having been prepared, was laid before the Board, agreed to, transcribed and signed.
Read a letter from the Duke of Bedford, dated the 7th instant, signifying his Majesty's pleasure that this Board do prepare a draught of instructions for the Commissaries upon those points, which relate to the limits of Nova Scotia and the four disputed islands in the West Indies.
On reading over the three reports of this Board in 1730, relating to his Majesty's titles to the Islands of St. Vincent's, Santa Lucia and Dominica, the Board was of opinion that the report with regard to Santa Lucia contains a full and clear deduction of his Majesty's right to that island, and a full confutation of the pretensions of the French in opposition thereto. And that as the French have not yet made known upon what grounds they found their right to the other two islands, the representation of the Board relating to them contains a clear proof of his Majesty's right, so far as it is hitherto uncontroverted, and that nothing further can be added, till the grounds of the French claim be known. Therefore it is agreed by the Board that the Commissaries should be instructed to assert his Majesty's right to the said islands, and that they should be furnished with copies of these reports, and of the documents, thereto annexed by way of appendix as the proofs thereof, and that copies should also be made for their use of such other papers relating to these islands, as were transmitted to the Duke of Bedford's office to be sent to Mr. Yorke, his Majesty's minister at Paris.
The draught of a representation to his Majesty, proposing Edward Holland, Esquire, to be of the Council of New York, in the room of Philip Van Courtland, Esquire, deceased, was laid before the Board, agreed to, transcribed and signed.
Mr. Nelson attending, their lordships desired that if he had any papers relative to the limits of, or the Crown's title to Nova Scotia, he would communicate them to the Board, which he promised to do, acquainting their lordships at the same time that he had given several papers relative thereto to Mr. Bollan, agent for the province of the Massachusets Bay.
Ordered that the Secretary do write to Mr. Bollan, to desire his attendance at the Board to-morrow morning, when Mr. Nelson was likewise desired to attend and bring with him such papers as he had, relative to this affair.
The draught of a representation to his Majesty, proposing William Johnson, Esquire, to be of the Council of New York, in the room of Philip Livingston, Esquire, deceased, having been transcribed, pursuant to the minutes of the 23rd of last month, was laid before the Board and signed.
Mr. Shameen attending, laid before the Board the depositions of three captains of ships under 200 tons trading to the Mediterranean, who had put into Villa Francha, etc., without breaking bulk, or having any duty demanded of them; and their lordships desired he would endeavour to procure such others of the like cases as he could, which he promised to do with all possible dispatch.
Their lordships taking this affair into further consideration ordered that the draught of a letter to the Duke of Bedford to be prepared, desiring that a list of instances of payments made by British ships of the duty as set forth in the memorial, may be laid before them, which list is referred to in the said memorial, and said to be annexed, but is not.
Read two letters from Mr. Dick to Mr. Hill, dated at Rotterdam, the 7th and 17th of April, N.S., 1750, acquainting him, for the information of the Board, of the number of foreign protestants he has procured to go to Nova Scotia.
Mr. Bollan, agent for the province of the Massachusets Bay,
attending, their lordships desired that if he had any papers
relative to the limits of his Majesty's title to Nova Scotia,
he would lay them before the Board, and he accordingly laid
before their lordships the following papers, viz.:—
Memorial of Jeremiah Dummer shewing that the French possessions in the River of Canada do belong to the Crown of Great Britain, in 1709.
Grant by Letters Patent to Sir Charles St. Stephen, Lord of La Tour, Thomas Temple and William Crown, Esquires, of Nova Scotia in 1656.
Deed from Charles, Lord of La Tour, to Joshua Scotters, in 1657.
Grant to King Charles the 1st, to Sir William Alexander and others of sole trade in beaver skins on the River Canada, dated May 11th, 1633.
King Charles's grant of the province of Maine to the Duke of York.
Agreement between Temple and Crown, September 27th, 1656.
Mr. Bollan then acquainted their lordships with the following
particulars minuted down by him from writings or conversation
with persons on this subject, but had no paper of reference to
any, to vouch the facts, viz.:—
November 8th, 1603, Henry the 4th of France, gave a patent to the Lord of Mons of the County of Lacadie, from the forty to the forty-six degree. Dumont with Potrincourt and Champlain set out for America, came to Isle Sables, thence to Cape Sable, and so to Bay Francoise or Fundy and gave the name to Port Royal, which was the principal place and continued there, 1616.
In 1624 the French Ambassador laid claim to New England, and presented a memorial thereupon, which was answered by Sir Ferdinand Gorges, and no more heard thereof.
In 1630 Sir William Alexander sold his first grant to la Tour; in 1631 the king moved the Council of Plymouth to surrender their grant; in 1635 Council of Plymouth surrendered the grant, then Sir William Alexander obtained a fresh grant of the County lying betwixt the River St. Croix and Kennebeck, which was after that called Nova Scotia.
Mr. Bollan was then acquainted that their lordships should shortly take into consideration the limits of, and his Majesty's title to the other Colonies upon the continent of America, and desired that he would prepare the best state of the boundaries of New England and any other Colonies that he was able.
Mr. Nelson attending, as desired, laid before the Board the
following papers relative to the limits of his Majesty's title to
Nova Scotia, viz.:—
Oliver Cromwell's grant to Temple and Crown.
Warrant to Captain Leveret to deliver the possession of the forts in Nova Scotia to Colonel Temple, 18th September, 1656.
Warrant to Captain Leveret to deliver the forts in Accadie or Nova Scotia to Sir Thomas Temple, 26th September, 1656.
King Charles's order to Sir Thomas Temple to deliver Accadie to the French, 1670.
Surrender of Nova Scotia to the Grand Fountaine.
The forts, etc., delivered to the Grand Fountaine, August 5th, 1670.
Rendition of Gimsick, August 27th, 1670.
Rendition of Port Royal and Fort la Tour, September 2nd, 1670.
Copy of Mr. Secretary Vernon's letter to Lord Bellomont, 21st July, 1699.
Ordered that the Secretary do write to Governor Clinton desiring him to transmit an account of the limits and boundaries of the province of New York, and to search the records for any papers relative thereto and to the extent of the country belonging to the Five Nations of Indians.
The draught of a letter to his Grace the Duke of Bedford, relating to the memorial of the king of Sardinia, ordered to be prepared by the minutes of the 10th instant, was laid before the Board, agreed to, transcribed and signed.
Mr. Paris, solicitor and agent for George Frye, Esquire, one of his Majesty's Council in the Island of Montserrat attending, presented to their lordships a minute of the said Council of the 8th of January last, by which it appeared that the said George Frye had been refused his precedence in Council, according to the date of his mandamus, together with Mr. Frye's protest thereupon; moving their lordships at the same time to take this affair into consideration and grant such relief to Mr. Frye's therein as they should think proper.
General Fleming, Lieutenant-Governor of the Leeward Islands, attending and acquainting their lordships that he was, upon General Mathew's coming home, preparing to go and take the government of the said Islands upon him; their lordships recommended to him [to] inforce Mr. Frye's precedence in the Council of Montserrat, according to the date of his mandamus, and to insist that such of the members of the said Council, as have been appointed by the Governor and have not applied for the king's mandamus, should forthwith do it; or, if they refused, to signify to them that other persons would be appointed in their stead.
The Solicitor and Clerk of the Reports laid before their lordships a state of the right of the Crown of Great Britain to the Island of Tobago, prepared pursuant to their lordships' orders, and their lordships took the same into consideration and made some progress therein.
The Secretary then acquainted their lordships that near 200 persons had entered their names in this office to go to Nova Scotia, whereupon it was ordered that he do write to Mr. Oswald and company to desire their attendance at the Board on Thursday morning, at eleven o'clock.
Read a letter from Mr. Dick, dated at Rotterdam, the 24th April, N.S., 1750, inclosing two letters from his correspondents at Geneva and Berne, relating to their transactions and proceedings in obtaining settlers for Nova Scotia.
Mr. Mills in partnership with Mr. Oswald, attending, their lordships desired him to lay before the Board proposals for transporting 300 persons to Nova Scotia, each person to be allowed one ton and a half of shipping, and that he do specify the terms whereon he is willing to contract, which he promised to do and to attend the Board therewith to-morrow morning.
Ordered that the Secretary do write to such other persons, as have signified their desire of contracting for the transportation of persons to Nova Scotia, to desire their attendance at the Board on Monday next, at eleven o'clock, bringing with them their proposals in writing.
Read a letter from Mr. Grenville, Governor of Barbados, to
the Board, dated the 13th March, 1749–50, containing an account
of his transactions with Monsieur Caylus, Governor of Martinique,
relative to the execution of the agreement and orders of the two
Crowns, for the mutual evacuation of the Islands of Santa Lucia,
St. Vincent's, Dominica and Tobago, and transmitting:—
Governor Grenville's commission, dated the 28th February, 1749–50, to Commodore Holburne, in relation to Santa Lucia, St. Vincent's, Dominica and Tobago.
Governor Grenville's letter containing instructions to Commodore Holburne, dated 28th February, 1749–50.
Governor Grenville's proclamation, dated 28th February, 1749–50, for the evacuation of Santa Lucia, St. Vincent's, Dominica and Tobago.
Governor Grenville's letter to the Marquis de Caylus, dated 28th February, 1749.
The Marquis de Caylus's letter to Governor Grenville, dated Martinique, 15th March, 1750, N.S.
Commodore Holburne's letter to his Excellency, Mr. Grenville, dated in Carlisle Bay, 11th March, 1749.
Copy of a letter to Governor Mathew from Commodore Holburne, dated at Martinique, the 5th of March, 1749.
Governor Grenville's commission to Lieut. Drummond, dated 12th December, 1749.
Mr. Caylus's letter to Governor Grenville, dated at Martinique, 10th December, 1749.
Governor Grenville's letter to Mr. Caylus, dated the 12th December, 1749.
Mr. Drummond's letter to Governor Grenville, dated at Tobago, December, 1749.
Mr. Drummond's proceedings at Tobago in conjunction with the French commissary for the evacuation thereof in December, 1749.
Printed advertisement, in relation to Tobago, dated 18th December, 1749.
The Marquis de Caylus's first letter to Mr. Holburne, dated the 14th of March, 1749–50.
Mr. Holburne's answer to the Marquis de Caylus's first letter dated the 3rd of March, O.S., 1749–50.
Mr. Holburne's second letter to the Marquis de Caylus, dated the 3rd of March, 1749.
Mr. Holburne's third letter to the Marquis de Caylus, dated 3rd March, 1749.
The Marquis de Caylus's second letter to Mr. Holburne, dated the 14th March, 1750.
Mr. Holburne's fourth letter to the Marquis de Caylus, dated 4th March, 1749, in answer to Mr. Caylus's second letter.
The Marquis de Caylus's third letter to Mr. Holburne, dated the 15th March, 1750.
Mr. Holburne's fifth letter to the Marquis de Caylus, dated the 5th of March, 1749, in answer to Mr. Caylus's third letter.
Read a letter from Mr. Heyliger, to Mr. Hill, dated the 23rd of April, 1750, containing proposals for transporting 300 persons to Nova Scotia at five guineas a head; and Mr. Heyliger attending, their lordships had some discourse with him thereupon and acquainted him that they should finally determine thereupon in a few days.
Ordered that the Secretary do write to the Lord Advocate of Scotland, for copies of the several charters and infeftment of Nova Scotia and Canada, to the Lord Viscount Sterling mentioned in an Act passed in Scotland in the first Parliament of Charles the 1st., chap. 28th.
Mr. Heyliger, owner of the ship Alderney, burthen 504 tons,
attending on the subject of his offer of the said ship on certain
terms to carry over settlers to Nova Scotia, their lordships
entered into an agreement with him upon the following terms,
To take on board 336 persons, being at the rate of a ton and a half for each person and to victual them during their voyage, and untill their landing at Halifax in Nova Scotia, according to a scheme delivered into the Board, the foundation of which is the king's allowance, which is not to be varied otherwise than by issuing some species of provisions in lieu of others with the approbation of the Board. The provisions to be inspected by a person or persons appointed by the Board, and if any part is not approved of, to be replaced by good provisions of the same species. The platforms, cradle and bedding to be provided at the expence of the publick and the ship to be compleatly fitted in all other respects by the owner. The passengers to be taken on board in the River of Thames, and the ship to be ready to depart from Gravesend the 25th of May. Freight to be paid for 336 persons at £5 5s. each; one half in twenty days, after signing the contract, one quarter upon the departure of the ship from Gravesend, and the remaining quarter upon receipt of advice from Governor Cornwallis of the performance of the contract. The passengers together with their baggage, bedding and cradles, and such other stores as belong to them, or are provided by the Government, to be landed at Halifax, and no merchandize or passengers to be taken on board, without the consent of the Board. The ship may be detained fourteen days after her arrival at Halifax for the delivery of the passengers and loading, but if delayed longer in that service by the Governor, the owner is to be paid £10 a day demurrage for the ship, and not to victual the passengers after the expiration of the said fourteen days.
Mr. Kingslaugh attending, acquainted their lordships that he had inspected the ship Alderney which when fitted up would be a very good one; he further acquainted their lordships, that the owner desired an allowance for laying a quarter deck.
Their lordships took into consideration the several letters received from Mr. Dick, relative to his agreement for transporting 1,000 foreign protestants to Nova Scotia, and agreed to send an agent to Rotterdam, to enquire into the state of his proceedings, and Mr. Charles having been directed by their lordships to attend, their lordships required to know of him on what terms he was willing to undertake such agency, whereupon, he acquainted them that he should expect a guinea per day and all extraordinary charges allowed him, and he was directed to attend again another day.
Read the following letters and papers from Mr. Glen, Governor
of South Carolina, viz.:—
Letter from Mr. Glen, Governor of South Carolina, to the Board, dated the 23rd of December, 1749, relating to Indian affairs.
Letter from Mr. Glen, Governor of South Carolina to the Board, dated the 23rd of December, 1749, containing an account of several matters relative to the present state of that province and to his proceedings in the administration of the Government.
Governor Glen's speech to the Council and Assembly of South Carolina, the 23rd of November, 1749.
Report from the Committee of Conference, appointed to take into consideration that part of Governor Glen's speech, which relates to the state of the paper currency in the province of South Carolina.
Account of vessels cleared out from Charles Town, from the 1st of November, 1748, to the 1st November, 1749.
Account of goods, etc., exported from Charles Town, from the 1st November, 1748, to the 1st November, 1749.
Copy of a letter from Mr. Glen, Governor of South Carolina, to Monsieur Vaudreville, Governor of Louisiana, at New Orleans.
Copy of a letter from Mr. Glen, Governor of South Carolina to the Governor of St. Augustine.
Copy of instructions from Mr. Glen, Governor of South Carolina to Raymond Demerie, Esquire.
Copy of the protest of Raymond Demerie, Esquire, to the Governor of St. Augustine.
Copy of an Act for the better regulating the Courts of Justice, passed the 12th of February, 1719–20.
Ordered that the aforementioned Act be sent to Mr. Lamb, together with an extract of such part of his second letter as relates thereto and that he be desired to consider the same and give his opinion thereupon as soon as possible, that the Board may be enabled to write fully to the Governor upon it.
Ordered that extracts be made of such part of Mr. Glen's letters as relate to the case of the Chief Justice; his transactions with the Governor of St. Augustine as to slaves deserting the province, and with the Governor of Louisiana upon a demand made by him of some Frenchmen taken prisoners by the Indians in our interest, in order to be transmitted to his Grace the Duke of Bedford, and that the draught of a letter be prepared accordingly.