Journal, January 1759
Volume 66

Sponsor

Institute of Historical Research

Publication

Author

K. H. Ledward (editor)

Year published

1935

Pages

1-10

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'Journal, January 1759: Volume 66', Journals of the Board of Trade and Plantations, Volume 11: January 1759 - December 1763 (1935), pp. 1-10. URL: http://www.british-history.ac.uk/report.aspx?compid=77387 Date accessed: 16 September 2014.


Highlight

(Min 3 characters)

Journal, January 1759

fo. 1.

Friday, January 5. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

Miscellanies.

The Secretary laid before the Board an account of the petty expences and incidental charges of this Office from the 10th of October, 1758, to the 5th of January, 1759, amounting to three hundred and ninety-one pounds, five shillings and seven pence; and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and other Officers in the service of this Board, was signed.

fo. 2.

Tuesday, January 16. Present:—Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Virginia.

The draught of a Representation to His Majesty, proposing the repeal of an Act passed in Virginia in 1752 for erecting a lighthouse at Cape Henry, having been prepared pursuant to the minutes of 19th December, 1758, was agreed to, and ordered to be transcribed.

fo. 3.

Read a letter from Mr. Abercrombie, agent for the colony of Virginia, to Mr. Pownall, dated January 9th, 1759, inclosing a letter to him from the Secretary to the merchants concerned in the tobacco trade, relative to the utility of a lighthouse at Cape Henry; and acquainting him, that the said merchants have objections to any taxation upon ships for supporting such lighthouse, and to being at any expence in an application to Parliament for that purpose.

Their Lordships took into consideration the several letters which have been received from the Lieutenant Governor of Virginia since his arrival there, and ordered the draught of a letter in answer thereto to be prepared.

Trade.

Read a letter from Mr. Wood, Secretary to the Commissioners of the Customs, dated 30th December, 1758, with the leidger of exports and imports for the year 1755.

South Carolina.

fo. 4.

Read a Memorial of Mr. Wright, agent for South Carolina, stating his proceedings in the purchase of goods for presents to the Indians bordering upon that Province, and inclosing an account of what goods he has already sent, and the charge thereof.

Jamaica.

Read the following letters and papers received from Henry Moore, Esqr., Lieutenant Governor of Jamaica, viz.:—
Letter from Lieutenant Governor Moore, dated June 18th, 1758, respecting the establishing a Fund for the reinforcement of troops expected at Jamaica, and inclosing
Lieutenant Governor Moore's speech to the Council and Assembly, and the addresses of both Houses.
fo. 5.
Minutes of Council from the 22nd December, 1756, to November 26th, 1757.
Minutes of Council in Assembly from the 27th of September to the 26th of November, 1757.
Letter from Mr. Moore, dated October 3rd, 1758, acknowledging the receipt of the Board's letter, with the Orders in Council for repealing the Kingston Acts, and establishing Ports of Entry and Circuit Courts.
Speech of the Lieutenant Governor to the Council and Assembly, the 19th September, 1758, with their respective Addresses.
Copy of a Minute of Council of 2nd October, 1758, with their Resolution in respect to the four members who have been restored to their seats at that Board.
fo. 6.
The humble Address of the Lieutenant Governor, Council and Assembly of Jamaica to His Majesty, respecting the Orders for Repeal of the Laws for removing the Records from St. Iago to Kingston,—the establishing Ports of Entry and Clearance, and erecting Circuit Courts.
Letter from Mr. Moore to the Board, dated 12th November, 1758, transmitting
A printed Copy of an Act for dividing the Island into Counties, and establishing Courts.

Ordered, that the said Act be taken into consideration on Tuesday next, the 23rd inst., and that the Secretary do write to Rose Fuller, Esqr., late Chief Justice of the Island of Jamaica, to desire his attendance on that day.

Their Lordships were of opinion, that the above-mentioned humble Address of the Legislature of Jamaica, respecting the Orders for the Repeal of the Laws for removing the Records from St. Iago de la Vega to Kingston, etc., should be forthwith laid before His Majesty in Council; and accordingly a Representation to His Majesty therewith was agreed to and signed.

fo. 7.

Read the Copy of an Order in Council dated 24th February, 1758, upon the Petition of Lovell Stanhope, Esqr., agent for the Island of Jamaica, praying that a reinforcement of regular troops may be sent to the said Island,—approving the sending the said reinforcement, and directing the Secretary at War to carry the same into execution.

Bahamas.

Read a letter from John Gambier, Esqr., President of the Council of the Bahama Islands, dated 11th July, 1758, acquainting the Board with his having taken upon him the administration of the Government upon the death of Governor Tinker, and the necessity there will be for more troops, in case there should be a war with Spain.

Leeward Islands.

fo. 8.

Read a letter from George Thomas, Esqr., Governor of the Leeward Islands, to the Board, dated Antigua, April 26th, 1758, giving an account of his visiting the other three principal Islands, and of the fortifications; and inclosing
State of the Councils in the Leeward Islands, and a List of persons to supply vacancies.
Minutes of the Council of Antigua, commencing in July and ending in December, 1757.
Do. of the Council of St. Christopher's from 3rd July, 1755, to 18th May, 1756.
Do. from 2nd July, 1756, to 23rd February, 1757.
Do. from 28th February, 1757, to 23rd February, 1758.
fo. 9.
Minutes of the Assembly of Montserrat from 26th January, 1757, to 23rd March following.
Do. from 26th March, 1757, to June following.
Do. from 29th June, 1757, to 20th September following.
Do. from 29th October, 1757, to 17th December following.
Two Acts passed in Antigua, November 25th, 1757, and January 19th, 1758.
Two Acts passed in Nevis, April 29th and March 21st, 1757.

Ordered, that the Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

Barbados.

Read the following Letters and papers received from Charles Pinfold, Esqr., Governor of Barbados, viz.:—
fo. 10.
Letter from Mr. Pinfold to the Board dated March 1st, 1758, giving an account of a fire at Bridge Town, and acknowledging the receipt of the Board's letter, with a copy of Mr. Reynold's Memorial.
Letter from Mr. Pinfold, dated May 31st, 1758, transmitting
The humble Memorial of the Masters of Chancery to the Governor of Barbados.
List of the Honourable the Members of His Majesty's Council of Barbados.
Treasurer's Return of new negroes imported from 9th May, 1757, to 9th May, 1758.
Abstract of all persons born, christened and buried in Barbados from 1st January, 1757, to 31st December following.
Storekeeper's Return of powder from 8th September, 1756, to 8th September, 1757.
fo. 11.
Minutes of Council from 11th May, 1757, to 10th May, 1758.
Minutes of Assembly from 10th May, 1757, to 9th May, 1758.
Seven Acts passed in August, 1757, and April, 1758.

Ordered, that the Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

Georgia.

Read a letter from Henry Ellis, Esqr., Governor of Georgia, dated 30th August, 1758, informing the Board that he has not received any answer to his letters to their lordships since his arrival in that Government.

Massachusetts.

fo. 12.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated 22nd December, 1758, referring to the consideration of this Board thirty-two Acts passed in the Massachusets Bay in December, 1757, and January, March, April and June, 1758.

Ordered, that the said Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

The Secretary laid before the Board the following publick papers received from the Secretary of the Province of the Massachusets Bay; viz.
Minutes of Council from 2nd July, 1756, to 27th May, 1758.
Minutes of the Great and General Court from 25th May, 1757, to 29th April, 1758.
Lists of vessels entered and cleared in the Ports of Boston, Salem and Marblehead between 5th January and 5th July, 1758.

fo. 13.

Wednesday, January 17. Present:—Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Virginia.

The draught of a letter to the Lieutenant Governor of Virginia in answer to several received from him, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Bermuda.

Read the following letters and papers received from William Popple, Esqr., Governor of the Bermuda Islands, viz.:—
Letter from Mr. Popple to Mr. Pownall, dated April 7th, 1758.
Minutes of Council from 4th October, 1757, to 15th March, 1758.
fo. 14.
Minutes of Council in Assembly from 7th to 12th November, 1757.
Minutes of Assembly from 7th to 12th November, 1757.
Letter from Mr. Popple to the Board, dated 5th May, 1758, respecting some informations of the designs of the French on the Bermuda Islands.
Copy of a letter from Mr. Popple to Mr. Secretary Pitt dated 5th May, 1758.
Extract of the Minutes of Council of the 2nd of May, 1758.
Letter from Mr. Popple to the Board, dated May 15th and July 5th, 1758, recommending some persons to be of the Council.
Paragraph of a letter from Colonel Tucker to his brother dated 21st March, 1758.
fo. 15.
Copy of the Grand Jury's Presentments for June Assize, 1758.
Letter from Governor Popple to the Board dated 11th September, 1758, transmitting two Acts.
Letter from Mr. Popple, dated 11th September, 1758, informing the Board of the proceedings of the Assembly in their last session with his observations upon two Acts passed by them.
Minutes of Council from 4th April to 1st August, 1758.
Minutes of Council in Assembly from 3rd July to 3rd August, 1758.
Votes and Proceedings of the General Assembly from 3rd July to 3rd August, 1758.

Ordered, that the above mentioned Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

North Carolina.

fo. 16.

Read a letter from Arthur Dobbs, Esqr., Governor of North Carolina, to the Board, dated 30th April, 1758, respecting the raising of troops for the publick service; and inclosing
Governor Dobbs's Speech to the Council and Assembly.
Address of the Council to the Governor.
Governor's Answer to the Council's Address.
Address of the Assembly to the Governor.
Governor's Answer to the Assembly's Address.
Proclamation for a publick Fast.
Copy of the Journal of the Council in November and December, 1757.
Journal of the Upper House of Assembly from 22nd November to 14th December, 1757.
fo. 17.
Journal of Assembly from 22nd November to 14th December, 1757.
Reports of the Committee of both Houses appointed to examine and state the publick accompts, in November Session, 1757.

Plantations General.

Their Lordships took into further consideration the draught of a letter to the Secretary to the Commissioners of the Customs concerning the laws passed for regulating the Plantation Trade, and the Representations which have been made of the defects and abuses of the said laws, mentioned in the minutes of the 5th of December last; and the said draught having been agreed to, the papers to accompany it were ordered to be copied with all possible dispatch.

fo. 18.

Thursday, January 18. Present:—Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Virginia.

The draught of a Representation to His Majesty upon the Act passed in Virginia in 1752 for erecting a lighthouse at Cape Henry, having been transcribed pursuant to order, was signed.

The draught of a letter to the Lieutenant Governor of Virginia, in answer to several received from him, having been transcribed pursuant to order, was signed.

fo. 19.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated January 11th, 1759, approving a Representation of this Board of the 12th July last, upon the Memorials of the Merchants of London and Bristol trading to Virginia, complaining of two Acts passed there in 1748 and 1757, and directing the draught of an additional instruction to the Governor of the said colony to be prepared conformable thereto.

Ordered, that the draught of such an additional instruction be prepared with all possible dispatch; and that the Secretary do transmit a copy of the above mentioned Order to the Lieutenant Governor of Virginia.

Georgia.

fo. 20.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated January 11th, 1759, approving a Report of this Board of the 6th of December last upon the claims and pretensions of the Bosomworths in the Colony of Georgia, and directing the draught of an Additional Instruction to the Governor of the said Colony to be prepared conformable thereto.

Ordered, that the draught of such an additional instruction be prepared with all possible dispatch.

North Carolina.

Their lordships took into consideration the following Acts passed in the Province of North Carolina, together with Sir Matthew Lamb's Reports thereupon, viz.:—
An Act to provide indifferent Jurymen in all Causes Criminal and Civil, and for an allowance for the attendance of Jurors attending at the Supreme Courts. Passed January, 1755.
fo. 21.
An Act to restrain the exportation of bad and unmerchantable Tobacco, and for preventing Frauds in His Majesty's Customs. Passed January, 1755.
An Act for appointing Parishes and Vestries, for the encouragement of an orthodox Clergy, for the advancement of the Protestant Religion, and for the direction of the settlement of Parish Accounts. Passed January, 1755.

fo. 22.

It appearing to their lordships, that the Law for appointing Parishes and Vestries, etc., might operate to the prejudice of, and interfere with the ecclesiastical jurisdiction of the Bishop of London, the Secretary was ordered to send his Lordship a copy thereof for his sentiments upon it.

Ordered, that the Secretary do transmit a copy of the Act to restrain the exportation of bad and unmerchantable Tobacco, etc., to the Secretary to the Commissioners of the Customs; and desire him to lay it before that Board, to the end their lordships may be informed, whether the said Act does or does not affect or interfere with His Majesty's Revenue or Customs, or Regulations made for the importation of Tobacco into this Kingdom.

fo. 23.

Tuesday, January 23. Present:—Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Jamaica.

fo. 24.

fo. 25.

Their lordships, pursuant to their Resolution of the 16th inst., took into consideration the printed copy of the Act passed in the Island of Jamaica, for dividing it into three Counties and establishing Courts therein; and Rose Fuller, Esqr., late Chief Justice of the said Island, attending as desired, he was called in; and their lordships had some conversation with him upon the subjectmatter of the said Act; and he being desired to favour the Board with his opinion upon the clauses, which appear to have been added to those contained in the Bill prepared here by the Attorney and Solicitor General, he observed to their lordships, that those additional clauses did materially affect and alter the principle and substance of the said Bill, inasmuch as a Power was thereby given to the Supreme Court held at St. Iago de la Vega in the County of Middlesex, upon motion to hear and determine by a jury of that County all Causes concerning property in lands, escheats, etc., where the premisses in question lay in the counties of Surry and Cornwall, the consequence of which would be, that all actions of Replevin, Ejectment, etc., in such cases would be brought into that Court, which was not only not intended by the Bill prepared by the Attorney and Solicitor-General, but irregular and improper in itself, and inconsistent with the principle, upon which that Bill was framed.

Their lordships thereupon desired the favour of Mr. Fuller to communicate the Act to such gentlemen here, whose estates and interests lay in the counties of Surry and Cornwall in Jamaica, and confer with them upon it, to the end their lordships may have their sentiments with regard to the alterations made from the Bill prepared by the Attorney and Solicitor-General; and then Mr. Fuller withdrew.

North Carolina.

fo. 26.

Their lordships took into consideration an Act passed in the Province of North Carolina in 1755, entitled, An Act to quiet the Freeholders in the possession of their lands, and for other purposes; and it appearing that the provisions of this Act were in substance the same as the provisions for the like purpose contained in an Act passed some time before, entitled, An Act for securing the payment of quit rents due to His Majesty and Earl Granville; for quieting the Freeholders in the possession of their lands, and for other purposes; which Act had a clause in it suspending its execution until His Majesty's pleasure could be known; whereas this Act is by the terms of it to take effect immediately upon its passing, their lordships ordered the draught of a representation to His Majesty to be prepared, proposing that it may for that reason receive His Majesty's disapprobation.

fo. 27.

New York.

Read the following letters and papers received from the Lieutenant Governor of New York, viz.
Letter from James Delancey, Esqr., Lieutenant Governor of New York, to the Board, dated November 25th, 1758.
Lieutenant Governor's speech to the Council and Assembly, 21st November, 1758.
Address of the Council to the Lieutenant Governor, 23rd November, 1758.
Address of the Assembly to the Lieutenant Governor, 23rd November, 1758.
Votes of the General Assembly of New York from 2nd May to 3rd June, 1758.
fo. 28.
Letter from Mr. Delancey, Lieutenant Governor of New York, to the Board, dated 13th December, 1758, giving an account of the success of the King's arms against Fort Du
Quesne, and of the capture of several vessels by a French privateer.
Letter from Do. to the Board, dated 17th December, 1758, giving an account of his having dissolved the Assembly, and intending to call a new one next January.
Representation of the Council and General Assembly of New York to the Lieutenant Governor, dated 16th December, 1758, desiring a reimbursement of their expences for provisions in the year 1756—and some consideration for the great expence the Province has been at this year.
fo. 29.
Treasurer's Account on oath, and certificate of Deputy Clerk of the Council.
Account of provisions on oath purchased by the Province of New York for His Majesty's Forces in the year 1756.
Lists of Acts passed in New York the 16th day of December, 1758.

Ordered, that an extract be made of so much of Mr. Delancey's letter of the 13th of December, 1758, as relates to the losses which the trade of New York and the neighbouring colonies has sustained by the depredations of the enemy upon their sea coasts; and that the Secretary do transmit it to the Secretary to the Lords Commissioners of the Admiralty to be laid before that Board.

New Jersey.

fo. 30.

Read a letter from Francis Bernard, Esqr., Governor of New Jersey, dated October 31st, 1758, giving the Board an account of the Conferences held at Easton with the Indians, and inclosing
Printed Minutes of a Treaty held at Easton in Pennsylvania in October, 1758.
Minutes of Council from 22nd August, 1757, to 16th June, 1758.
Minutes of Council in Assembly from 19th August, 1757, to the 17th April, 1758.
Journals of Assembly from 19th August, 1757, to 18th April, 1758.
Nine Acts passed in 1758.

Ordered, that the said Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

Virginia.

fo. 31.

The draught of an additional Instruction to the Governor of Virginia upon the Memorials of the merchants of London and Bristol trading to that colony, complaining of two Acts passed in 1748 and 1757, having been prepared pursuant to the Minutes of the 18th inst., was agreed to, and ordered to be transcribed; and the draught of a Report thereupon to the Lords of the Committee of Council for Plantation Affairs to be prepared.

Wednesday, January 24. Present:—Mr. Oswald, Mr. Jenyns, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Georgia.

fo. 32.

The draught of an additional Instruction to the Governor of Georgia, respecting the claims of the Reverend Thomas Bosomworth and Mary, his wife, in that colony, having been prepared pursuant to the Minutes of the 18th instant, was agreed to, and ordered to be transcribed; and the draught of a Report thereupon to the Lords of the Committee of Council for Plantation-Affairs to be prepared.

North Carolina.

The draught of a representation to His Majesty, proposing the repeal of an Act passed in North Carolina in 1755 for quieting possessions, etc., having been prepared pursuant to Order, was agreed to, and ordered to be transcribed.

Their lordships took into consideration the following laws passed in the Province of North Carolina, viz.
fo. 33.
An Act for establishing the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina. Passed in 1754.
An Act for establishing County Courts, for enlarging their jurisdiction, and settling the proceedings therein. Passed in 1754.
An Act for appointing Sheriffs, and directing their Duty in Office; and for compelling collectors of publick taxes, and persons intrusted with laying out publick money to apply and account for the same. Passed in 1755.
An Act for regulating Orphans, their Guardians and Estates. Passed in 1755.
fo. 34.
An Act to amend an Act for establishing the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina. Passed in 1756.

Ordered, that the Secretary do transmit the said Laws, together with that for providing indifferent Jurymen in all Causes civil and criminal, etc., mentioned in the Minutes of the 18th instant, to the Chief Justice and Attorney General of that Province now resident here, and desire them to meet together, and after due consideration of the said Laws, to report to their lordships their opinions thereupon.

Virginia.

Their lordships then took into consideration the following Laws passed in the Colony of Virginia, viz.
fo. 35.
An Act for reducing the several Laws made for establishing the General Court, and for regulating and settling the proceedings therein into one Act of Assembly. Passed in 1753.
An Act for amending the Act, intituled, An Act for amending the Staple of Tobacco, and preventing frauds in His Majesty's Customs. Passed in 1753.
An Act for the better Government of Servants and Slaves. Passed in 1753.
An Act to amend an Act, intituled, An Act declaring the Law concerning Executions, and for the relief of Insolvent Debtors, and for other purposes therein mentioned. Passed in 1755.
fo. 36.
An Act for the better regulating and disciplining the Militia. Passed in 1757.
An Act for reducing the several Acts for making provision against Invasions and Insurrections into one Act, Passed in 1757.
An Act for establishing a Trade with the Indians in Alliance with His Majesty. Passed in 1757.
An Act to enlarge the Power of the Corporations of the City of Williamsburg, and Borough of Norfolk, and for other purposes therein mentioned. Passed in 1757.

Ordered, that the said Laws be taken into further consideration on Wednesday next, the 31st instant.

fo. 37.

Wednesday, January 31. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns.

North Carolina.

The draught of a Representation to His Majesty, proposing the repeal of an Act passed in North Carolina in 1755, for quieting Possessions, etc., having been transcribed pursuant to Order, was signed.

Virginia.

fo. 38.

Georgia.

The draught of a Report to the Lords of the Committee of Council, with the draught of an additional Instruction to the Governor of Virginia, upon the Memorials of the Merchants of London and Bristol trading to that Colony, complaining of two Acts passed there in 1748 and 1757, having been prepared pursuant to Order, was agreed to, transcribed and signed; as was also a Report to their lordships, with the draught of an additional Instruction to the Governor of Georgia respecting the claims of the Reverend Mr. Bosomworth and Mary, his Wife, in that Colony, prepared pursuant to Order.

fo. 39.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated January 31st, 1759, signifying that the Chancellor of the Exchequer had received His Majesty's Commands, that this Board should prepare and lay before the House of Commons an estimate of expences attending the Colony of Georgia from Midsummer 1758 to Midsummer 1759.

Ordered, that the draught of an estimate, conformable to the said letter, be prepared, and laid before the Board to-morrow morning.

St. Christopher's.

Read a letter from Edward Jesup, Esqr., one of the Council of the Island of St. Christopher's, resident here, to Mr. Pownall, dated January 23rd, 1759, desiring him to acquaint the Board, that the ill state of his health will not permit him to return to that island.

Virginia.

Their lordships took into further consideration the Laws of Virginia, mentioned in the Minutes of the 24th instant, and made some progress therein.