Journal, February 1755: Volume 62

Journal, February 1755

Tuesday, February 4. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Edgcumbe.

Massachusets.

Read an Order of the Lords of the Committee of Council, dated the 30th of January, 1755, referring to this Board forty-four Acts passed in the province of the Massachusets Bay between September, 1753, and June, 1754.

Ordered that the said Acts be sent to Sir Mathew Lamb for his opinion thereon in point of law.

The draught of a report upon twenty-eight Acts passed in the province of the Massachusets Bay having been prepared pursuant to the minutes of the 29th of January, was agreed to and ordered to be transcribed.

Montserrat.

Nevis.

St. Christopher's.

Virginia.

Barbados.

The representations to his Majesty upon several Acts passed in Montserrat, Nevis, St. Christopher's, Virginia and Barbados, having been transcribed pursuant to the minutes of the 31st of January, were signed.

Virginia.

The draught of a representation to his Majesty upon the memorial of Mr. Beverley, one of the Council of Virginia, having been prepared pursuant to the minutes of the 31st of January, was agreed to and ordered to be transcribed.

Georgia.

Read a memorial of Mr. Abraham Bosomworth praying to be appointed agent for Indian affairs in the colony of Georgia and Commissioner for the delivery of presents to the Indians.

Ordered, that the Secretary do acquaint Mr. Bosomworth that his Majesty's Governor will be entrusted with the disposition of the presents allowed to the Indians, and that it will be left to him to appoint such agents and commissioners as he shall think adviseable.

New York.

The draught of a Commission appointing Charles Hardy, Esquire, Governor of New York having been prepared pursuant to the minutes of Friday last, was agreed to and ordered to be transcribed, and a representation to his Majesty thereupon was signed.

Wednesday, February 5. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Edgcumbe.

Nova Scotia.

Their lordships took into consideration Mr. Stephens' memorial, desiring to be paid for materials sent from Boston to Halifax for erecting a pot ash work, mentioned in the minutes of the 31st of January, and Mr. Kilby, agent for Nova Scotia, attending as desired, their lordships after some discourse with him upon the subject ordered him to pay Mr. Stephens what should appear to be the amount of the real value of the materials mentioned in the storekeeper of Halifax's account annexed to his memorial.

Bermuda.

Their lordships took into further consideration Mr. Popple's observations upon his instructions mentioned in the minutes of the 8th of November last, and made some progress therein.

Ordered, that the Secretary do write to the Secretary to the Commissioners of his Majesty's Customs and desire he will move that Board to order copies of the instructions given to the collectors of the customs in the several Islands in the West Indies to be laid before their lordships as soon as conveniently may be.

Ordered, that the Secretary do write to Mr. Popple, Governor of the Bermuda Islands, and to Mr. Piggot, Collector of the said Islands, to desire their attendance at this Board on Friday the 7th instant.

Virginia.

The draught of a representation to his Majesty upon Mr. Beverley's memorial having been transcribed pursuant to the preceding minute, was signed.

Massachusets.

The draught of a report to the Lords of the Committee of Council upon twenty-eight Acts passed in the Massachusets Bay having been transcribed pursuant to the preceding minute, was signed.

Trade.

Africa.

Read a letter from Sir Thomas Robinson. one of his Majesty's Principal Secretaries of State, dated the 4th instant, inclosing the following resolution of the House of Commons of the 29th of January, and signifying his Majesty's commands that the papers therein mentioned be laid before the House of Commons, viz.:—
Mercurii 29 die Januarii, 1755. Resolved, that an humble address be presented to his Majesty that he will be graciously pleased to give directions that there will be laid before this House, a copy of the memorial presented by the merchants of Bristol and Liverpool to the Commissioners for Trade and Plantations in the year 1753, in relation to the African trade with copies of the entries of the evidence given before the said Commissioners in support of the said memorial, and the resolution of the said Commissioners thereupon.

Nova Scotia.

The Secretary laid before the Board a memorial prepared by Mr. Kilby, agent for Nova Scotia, to be presented to the Lords Commissioners of his Majesty's Treasury, praying that £2038 14s. 1d. may be issued to him for the service of that colony, and the said memorial having been approved, it was ordered that Mr. Kilby do present it to the Lords Commissioners of his Majesty's Treasury for their lordships' directions therein.

Thursday, February 6. Present:—Earl of Halifax, Mr. Oswald.

Bermuda.

Their lordships proceeded further in the consideration of Mr. Popple's observations upon his instructions.

Ordered, that the Secretary do write to the Secretary to the Commissioners of his Majesty's Customs to remind him of the letter wrote to him on the 16th of July, 1751, desiring he would move that Board for their opinion upon the observations made by Mr. Popple upon the 71st article of his instructions relating to ships entering and clearing in St. George's harbour.

Trade.

Africa.

Ordered, that the papers mentioned in the resolution of the House of Commons entered in the preceding minutes be copied with all possible dispatch to be laid before that House.

Friday, February 7. Present:—Earl of Halifax, Mr. Pitt, Mr. Oswald.

Bermuda.

Their lordships took into further consideration Mr. Popple's observations upon his instructions, and Mr. Popple attending as desired with Mr. Piggot, late collector of the customs in the Bermuda Islands, they were called in, and their lordships had some conversation with them upon the difficulties and disputes which had arisen upon the 71st article of the Governor's instructions directing that all ships and vessels do enter and clear at St. George's harbour; they then withdrew, and their lordships ordered a draught of general instructions for Mr. Popple to be prepared conformable to their lordships' resolutions upon the several points contained in Mr. Popple's observations and to such general alterations as had been approved of by his Majesty for the governments of Jamaica, Leeward Islands, New York, etc.

Tuesday, February 11. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Pelham.

Trade.

Africa.

The papers mentioned in the resolution of the House of Commons of the 29th of January last, entered in the minutes of the 5th instant, having been copied pursuant to their lordships' order, a list thereof was laid before the Board and read, and Mr. Pitt was desired to present the same papers together with the list to the House.

Thursday, February 13. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Fane, Mr. Oswald.

New Hampshire.

Their lordships took into consideration the letters from Mr. Wentworth, Governor of New Hampshire, mentioned in the minutes of the 7th of January last.

Friday, February 14. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Fane, Mr. Oswald.

New Hampshire.

Their lordships made a further progress in the consideration of Mr. Wentworth's letters, mentioned in the preceding minutes.

Rhode Island.

Ordered that the Secretary do write to Mr. Partridge, agent for Rhode Island, to desire his attendance at the Board on Tuesday next, the 18th instant.

Tuesday, February 18. Present:—Earl of Halifax, Mr. Pitt, Mr. Oswald, Mr. Edgcumbe, Mr. Pelham.

Jamaica.

Their lordships being informed that Mr. Paris, sollicitor for the town of St. Iago de la Vega, and Mr. Hammond and Mr. Ord, sollicitor and agent for the town of Kingston in Jamaica, were attending without and that Mr. Paris had something to offer to their lordships with respect to the affair relative to the removal of the seat of government in that Island, they were called in and Mr. Paris after having acquainted their lordships that he had not as yet received the answer to the Kingston petition or any papers or evidence in support of it, moved their lordships that the hearing upon this affair appointed for the 11th of March might be postponed to a further time, which being objected to by Mr. Ord and Mr. Hammond they were ordered to withdraw; and after some time spent in the consideration of Mr. Paris's motion they were again called in, and their lordships' acquainted Mr. Paris that as there was as yet more than three weeks to come of the time for which the consideration of this affair was before postponed, and as within that time the papers mentioned by him as necessary for the Board's information in this affair might arrive, they saw no foundation at present for the motion made by him, but that if these papers should not arrive within a reasonable time before the 11th of March, the day appointed for the hearing, such a motion would then properly come under consideration and a due regard would be had to it.

Plantations General.

The Secretary laid before the Board the two following Orders in Council, viz.:—
New York.
Order of Council, dated the 6th of February, 1755, approving a representation of this Board to his Majesty with the draught of a Commission for Charles Hardy, Esquire, to be Captain General and Governor in Chief of New York and directing this Board to cause a Warrant to be prepared in the usual manner in order to pass the said Commission under the Great Seal, and lay the same before his Majesty.
South Carolina.
Order of Council, dated the 6th of February, 1755, approving a representation of this Board to his Majesty with the draught of a Commission for William Henry Lyttelton, Esquire, to be Captain General and Governor in Chief of South Carolina, and directing this Board to cause a Warrant to be prepared in the usual manner in order to pass the said Commission under the Great Seal, and lay the same before his Majesty.

New York.

South Carolina.

The draughts of representations to his Majesty with the usual form of a Warrant in order to pass the said Commissions under the Great Seal having been prepared, were agreed to, transcribed and signed. [N.B.—These representations were at the request of the clerk of the Council antedated on the 6th of February, that they might correspond with the Orders in Council.

New Jersey.

Their lordships took into consideration the draught of a Bill passed by the Council and Assembly of the province of New Jersey for emitting £70,000 in bills of credit together with the humble petition of the said Assembly to his Majesty thereunto annexed, and Mr. Partridge, agent for the said province, attending as desired by the minutes of the 28th of January last, was called in, and their lordships having heard what he had to offer thereupon he withdrew, and the draught of a representation to his Majesty thereupon was ordered to be prepared.

Rhode Island.

Mr. Partridge, agent for Rhode Island, attending without pursuant to the minutes of Friday last, was called in, and their lordships having acquainted him that they had received information that a large emission of paper money had lately been made in that colony, he was desired to acquaint the Board whether any transaction of this kind had come to his knowledge, whereupon he informed their lordships that he had received no account of any such emission.

Wednesday, February 19. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Edgcumbe, Mr. Pelham.

Virginia.

Read Sir Mathew Lamb's report upon an Act passed in Virginia in April, 1752, entitled:—
An Act for docking the intail of certain lands in the county of James City and vesting the same in Thomas Chamberlain, gentleman, in fee simple and for settling lands of greater value to the same uses.

Ordered that the draught of a representation to his Majesty be prepared proposing the confirmation of the said Act.

Jamaica.

Their lordships took into consideration several Acts passed in the Island of Jamaica since the year 1737 and made some progress therein.

The Board being informed that Mr. Paris, sollicitor for the town of St. Iago de la Vega in Jamaica in the affair relative to the removal of the seat of government, was attending without, he was called in and acquainted their lordships that he had yesterday received the answer to the Kingston petition, which he prayed leave to take a copy of before it was delivered in, that he had not however received any paper or evidence in support of the said answer, the situation of publick affairs in the island of Jamaica being at present such as rendred the collecting such a number of papers and proofs very difficult, and that therefore he should take a proper day to move their lordships that the hearing upon this affair might be postponed; and then he withdrew.

Leeward Islands.

Virgin Islands.

Mr. Purcell, Deputy Governor of the Virgin Islands, attending without was called in and acquainted their lordships that he was desired by Mr. Sharpe to inform them that the merchants and other persons interested in and trading to the Leeward Islands had nothing further to offer with regard to the establishing a civil government in the Virgin Islands, being unanimously of opinion that some form of government would be highly proper and expedient. Whereupon their lordships fixed Tuesday the 4th of March for taking this affair into consideration when Mr. Purcell was desired to attend.

Thursday, February 20. Present:—Earl of Halifax, Mr. Pitt, Mr. Edgcumbe.

South Carolina.

Their lordships took into consideration the state of his Majesty's province of South Carolina, more particularly with respect to the Courts of Justice and methods of proceeding therein, and also with respect to the constitution, powers and privileges of the Assembly, and it appearing to their lordships that several of the laws for establishing the principal courts of justice and which regulate the proceedings of the Assembly were in many parts defective, improper and inconsistent with the rights and prerogative of the Crown, it was resolved that it be recommended to Mr. Lyttelton upon his arrival in his government to lay the particular objections arising to these laws before the Council and Assembly in order that the same may be remedied in such manner as shall be thought most adviseable, and that he be directed to take care that the rules and methods of proceeding in the courts of law and equity be as near as may be agreeable to the rules and methods of proceeding in the courts of law and equity in Great Britain.

Jamaica.

Their lordships being informed that Mr. Paris, sollicitor for Mr. Fuller of Jamaica in the affair relative to the Governor's complaint against the said Mr. Fuller, was attending without he was called in and laid before their lordships the following papers by way of amendment and addition to Mr. Fuller's answer to the said complaint mentioned in the minutes of the 7th of January last.
The answer of Rose Fuller, Esquire, late Chief Justice of the Island of Jamaica, to the complaint exhibited against him by Governor Knowles.
Letter from Mr. Fuller to Mr. Paris, dated St. Iago de la Vega, November 20th, 1754.

Friday, February 21. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Edgcumbe.

New York.

Their lordships took into consideration the 39th article of his Majesty's instructions to the late Governor of New York and ordered the draught of an article to be prepared containing the substance of such part of the said instruction as appeared to their lordships proper to be continued in order to be inserted in the draught of general instructions now preparing for Mr. Hardy, Governor of the said province.

Trade.

Africa.

The Secretary laid before the Board the copy of a letter from the Committee of the Company of Merchants trading to Africa, to the Governors of Cape Coast Castle and James Fort in the river Gambia. Dated London, February 12th, 1755.

The draught of a letter to Sir Thomas Robinson, one of his Majesty's Principal Secretaries of State, inclosing a copy of the abovementioned letter having been prepared, was laid before the Board, agreed to, transcribed and signed.

Tuesday, February 25. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald.

Jamaica.

The Secretary laid before the Board the following paper received from Mr. Paris, sollicitor for the planters, etc., of the town of St. Iago de la Vega in Jamaica in the affair relating to the removal of the seat of government, viz.:—
The answer of the inhabitants, etc., of the town of St. Iago de la Vega in Jamaica to the petition of the merchants, factors, etc., of the town of Kingston relative to the removal of the seat of government.

Ordered that a copy of the said paper be made and delivered to Mr. Hammond, sollicitor for the merchants, etc., of Kingston.

Their lordships being informed that Mr. Paris, sollicitor for the planters, etc., of the town of St. Iago de la Vega in Jamaica, and Mr. Hammond, sollicitor for the merchants, etc., of Kingston in the said Island, in the affair relating to the removal of the seat of government, were attending without and had something to offer to the Board they were called in, and Mr. Paris acquainted their lordships that not having received from Jamaica the proofs in support of the facts alledged in the answer to the Kingston petition, he hoped their lordships would discharge the order for hearing the merits of this affair on the 11th of March next, and that the hearing of the said affair might be appointed for some further time.

Mr. Hammond acquainted their lordships that he did on behalf of his constituents humbly move that not more than a week or a fortnight would be allowed, or at least that it would not be postponed sine die.

The parties being withdrawn their lordships agreed that the order for hearing the merits of this affair on the 11th of March should be discharged and that they should be appointed to be heard on Thursday the 8th of April, and the parties being again called in were acquainted therewith and then they withdrew.

New York.

New Jersey.

The Secretary laid before the Board the two following caveats received from Mr. Paris, viz.:—
To Thomas Hill and John Pownall, Esquires, Secretarys to the Right Hon. the Lords Commissioners for Trade and Plantations.
Sirs,
Being informed that the province of New York or their agent, or the Lieutenant Governor of that province have made some application to the Right Honourable the Lords Commissioners for Trade and Plantations for some order or Commission from his Majesty for running a temporary line of division, between his Majesty's provinces of New York and New Jersey, in such a manner as may greatly affect and prejudice the right and inheritance of the general Proprietors of the Eastern Division of New Jersey and of their tenants who have long possest the lands there, and that without having given any notice whatsoever to the said Proprietors or their agent of any such intended application, I am to pray of you that this paper may be entred in your office as a caveat against their lordships making any report or representation thereon untill I have notice what such application is and a convenient time to inform my constituents and receive proper instructions to oppose any such application.
I am, Sirs,
Your most obedient humble servant,
Ferdinand John Paris,
Agent for the said Proprietors.
Surry Street, Strand,
22nd February, 1755.
To Thomas Hill and John Pownall, Esquires, Secretarys to the Right Honourable the Lords Commissioners for Trade and Plantations.
Sirs,
James Alexander, Esquire, of New York, who has the honour to be one of the members of his Majesty's respective Councils for New York and New Jersey also being informed that some private application hath been made or is intended to be made to the Right Honourable the Lords Commissioners for Trade and Plantations, in order to induce their lordships to report or represent to his Majesty for the removal of Mr. Alexander from the Council of one or both of his Majesty's said provinces, and that without giving him any the least notice of such application, or on what pretence the same hath been or is intended to be founded: And as any such removal must greatly affect his character, who hath, in various instances, exerted himself for the honour and interest of his Majesty, and for the peace and tranquility of both the said provinces, and particularly in stopping and preventing hitherto any outragious proceedings upon the disputes, which have long subsisted between the said provinces, I am therefore to pray of you in his behalf that this paper may be entred as a caveat in your office that I may have notice and copy of any such application which hath been or shall be made to their lordships for any such purpose, with a convenient time to apprize Mr. Alexander thereof and receive his instructions thereon before any report or representation be made to his Majesty upon the same.
I am, Sirs,
Your most obedient humble servant,
Ferdinand John Paris,
Sollicitor for James Alexander, Esquire.
Surry Street, Strand.
22nd February, 1755.

Their lordships took into consideration the several letters and papers lately received from the Governor of New Jersey and Lieutenant Governor of New York, relative to the disputes between the said provinces concerning the boundarys and made some progress therein.

Wednesday, February 26. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Edgcumbe.

Virginia.

The draught of a representation to his Majesty, proposing the confirmation of a private Act passed in Virginia in April, 1752, having been prepared pursuant to the minutes of the 19th instant, was agreed to, transcribed and signed.

Jamaica.

Their lordships took into further consideration the several Acts passed in the Island of Jamaica since the year 1737 and made a further progress therein.

Friday, February 28. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Edgcumbe.

Their lordships took into further consideration the 39th article of the instructions to the late Governor of New York, and a draught having been prepared pursuant to their lordships' order of the 21st instant, was laid before them and agreed to.