Journal, March 1760: Volume 67

Journal, March 1760

Tuesday, March 4. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Jamaica.

fo. 66.

fo. 67.

Their lordships took into further consideration the Act passed in the island of Jamaica in 1758 for ascertaining the value of Spanish milled money, &c. and the agent for the island attending without, pursuant to order, he was called in; and being asked, what he had to offer in support of the said Act, he said; that the objections made to the Act by Mr. Beckford and Mr. Fuller on Friday last were entirely without foundation; that they had not been in the island for many years; that it may be true, that they in their own particular concerns might not want cash; but that the great scarcity was fully proved by Mr. Morant and Mr. Elletstone, who were lately arrived; that the good effect of the Act has been to make dollars, really worth six shillings and sixpence, to pass for that, which did not before pass for more than six shillings; that no objection was made to this Act, while it was passing, except by Mr. Harvey, a member for Kingston; and then in order to shew the grounds upon which the Act was passed, he read part of a letter to him from the Committee of correspondence; insisted, that the scarcity of coin was intolerable; and that the Act was a very great use and benefit.

fo. 68.

That the Act of the 6th of Queen Anne provides that all foreign silver not enumerated shall be taken at a rate in proportion to its fineness; that the silver money in this Act is a new species; and that gold coin is not mentioned in the Act of the 6th of Queen Anne; that the necessity of the case would not admit of a suspending clause being inserted in this Act; that he hoped, if the Act was not thought proper to be confirmed, that it might lie bye, until further accounts of its effect could be received, or until Mr. Lyttelton's arrival in Jamaica. The agent then withdrew.

Wednesday, March 5. Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper, Mr. Bacon.

Nova Scotia.

fo. 69.

The Secretary laid before their lordships an Order of his Majesty in Council, approving a representation of this Board upon the proceedings of the Governor and Council of Nova Scotia in granting out the lands in that province evacuated by the removal of the French inhabitants, and ordering the said Governor and Council to carry the measure into effectual execution upon the terms proposed.

Ordered, that the said Order in Council be transmitted to Mr. Lawrence by the next packet.

Plantations General.

Read a letter from Samuel Martin, Esquire, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated February 22nd, 1760, inclosing the following papers, and desiring the sentiments of this Board upon them, viz.
Copy of a letter from George Colebrooke, Esquire, dated February 18th, 1760, relating to a trade carried on by cartel ships and otherwise from North America with the French islands.
Copy of a letter from John Tomlinson, Esquire, to James West, Esquire, dated 15th February, 1760, on the same subject.
fo. 70.
Account of the rates of provisions at New York in 1755 and 1756, compared with those in 1759 and 1760.
Copies of letters of Admiral Cotes and others concerning the trade carried on by cartel ships from North America with the French islands, and also the particular trade to Monte Christi in Hispaniola.

Ordered, that the Secretary do prepare a draught of a letter in answer to Mr. Martin's, and lay it before the Board at their next meeting.

fo. 71.

Friday, March 7. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Plantations General.

The Secretary laid before the Board, pursuant to their order, the draught of a letter from him to Mr. Martin, Secretary to the Lords Commissioners of the Treasury, containing the Board's sentiments upon the papers mentioned in the minutes of yesterday; and the said draught was approved.

Nova Scotia.

fo. 72.

The draught of a letter to the Governor of Nova Scotia, in answer to several received from him, having been prepared pursuant to order, was agreed to, transcribed and signed; and the Secretary was ordered to send it by the pacquet to the Lieutenant Governor of New York, and desire him to forward it to Halifax by the first safe conveyance.

Jamaica.

Their lordships took into further consideration the Act passed in the island of Jamaica in 1758, for ascertaining the value of Spanish milled money, &c. and after some time spent therein, ordered the draught of a representation to his Majesty thereupon to be prepared, proposing that it may be repealed.

Massachusetts.

fo. 73.

Read Sir Matthew Lamb's report upon the draught of a Bill, prepared by the House of Representatives of the province of Massachusets Bay, for relief of Bankrupts, who have not finished their accounts; and after some time spent in the consideration of the said Bill and report, it was ordered, that the draught of a representation [vide folio 157] to his Majesty thereupon should be prepared, proposing that the Governor of that province may have orders to pass the said Bill into an Act.

Tuesday, March 11. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Sloper, Mr. Bacon.

Massachusetts.

fo. 74.

The draught of a representation to his Majesty upon the draught of a Bill prepared by the House of Representatives of Massachusets Bay for relief of Bankrupts who have not finished their accounts, &c. having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Read an Order of the Lords of the Committee of Council for Plantation affairs, dated 20th February, 1760, referring to this Board, for their opinion, sixteen Acts passed in Massachusets Bay in October, 1758, and January, February and June, 1759.

Massachusetts.

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

fo. 75.

The Secretary laid before the Board the following publick papers transmitted to him by the Secretary of the province of Massachusets Bay, viz.
Minutes of Council from 31st May to 10th November, 1759.
Do. of the General Court for the same time.
Ten Acts passed in October, 1759.

Ordered, that the Acts be delivered to the Clerk of the Council in waiting, to be laid before his Majesty.

Virginia.

The Secretary acquainted the Board, that he was desired by the parties interested in an Act passed in Virginia in April, 1759, for docking the entail of certain lands whereof Tunstall Banks is seized, &c. to move their lordships to lay the said Act before his Majesty for his Royal Confirmation.

fo. 76.

Their lordships having taken the said Act into consideration, together with Sir Matthew Lamb's report upon it; and it appearing to have passed through all the necessary forms, and to have a clause suspending its execution, until his Majesty's pleasure is known, conformable to the Governor's instructions; it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be confirmed.

Georgia.

Read the following letters received from Henry Ellis, Esquire, Governor of Georgia, viz.
Letter from Governor Ellis to the Board, dated 25th November, 1759, entreating their lordships to procure him his Majesty's leave to return to Europe.
fo. 77.
Letter from Governor Ellis to the Board, dated January 6th, 1760, containing observations on several Acts lately passed, and on Mr. Atkin's conduct.

South Carolina.

Read the following letters received from William Henry Lyttelton, Esquire, Governor of South Carolina, viz.
Letter from Governor Lyttelton to the Board, dated Fort Prince George, December 10th, 1759, containing an account of his expedition against the Cherokees.
Letter from Governor Lyttelton, dated January 21st, 1760, informing the Board of his return to Charles Town; of his having summoned the Assembly to meet on 4th February; and of the receipt of their lordships' letter to him of 24th July last.

Nova Scotia.

fo. 78.

The Secretary acquainted the Board with some particulars, relative to the disposition of the cattle and stock belonging to the French inhabitants of Nova Scotia, and left there by them upon their removal in 1755; which particulars had been communicated to him by Mr. Grant, one of the Council of that province and lately arrived from thence.

Their lordships, upon consideration of the said particulars, having reason to apprehend, that the said cattle and stock might not have been duly and properly accounted for to the Crown, ordered the Secretary to give notice to Mr. Grant to attend the Board on Thursday next, the 13th instant.

Ordered that the Secretary do give notice to the agent for the settlement to attend the Board to-morrow morning.

fo. 79.

Wednesday, March 12. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Massachusetts.

The draught of a representation to his Majesty upon the draught of a Bill prepared by the House of representatives of the Massachusets Bay for relief of Bankrupts who have not finished their accounts, having been transcribed pursuant to order, was signed.

Nova Scotia.

fo. 80.

Their lordships entered into a consideration of the particulars communicated to the Secretary by Mr. Grant, with respect to the cattle and stock left in Nova Scotia by the French inhabitants upon their removal in 1755, and several accounts of moneys received and paid in the years 1756, 1757, and 1758, produced by the agent, were examined.

Thursday, March 13. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Virginia.

The draught of a representation to his Majesty upon an Act passed in Virginia in April, 1759, for docking the intail of certain lands whereof Tunstall Banks is seized, &c. having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

fo. 81.

Their lordships took into further consideration the subject matter of yesterday's deliberation, respecting the disposition of the cattle and stock left in Nova Scotia by the French inhabitants upon their removal in 1755; and Mr. Grant, attending pursuant to order, was called in, whose information upon this matter was in substance as follows, viz.

fo. 82.

Nova Scotia.

fo. 83.

That he never knew exactly what number of cattle the French inhabitants left behind them; that he had once seen an account of those left in the districts of Menis, Canard, Piziquid and the other adjacent settlements, by which they amounted to 10,000 head of horned cattle, exclusive of those at Annapolis; that he understood from information, that the troops in the out garrisons were victualled with these cattle, they having been caught by persons employed by Mr. Saul, the Commissary and agent for the contractors; that many would be lost by the severity of the winter; that a thousand head were driven to Halifax, some of which were sold; and that he bought of Mr. Saul about 60 or 100 head at about 4 pounds per head; that the Governor gave leave to particular persons to drive some down to Halifax (about two or three hundred) for their own private advantage; that Mr. Mauger, the Agent Victualler for the Fleet, brought down about seven hundred, and brought the publick in debt to him about twenty eight pounds for the expence of catching them; that he did not know what number of cattle there might have been in the whole, but that it was said, there was six thousand head in Annapolis district; that he cannot tell, what number of sheep was left; that a few were brought to Halifax, but not being properly taken care of, were wasted; that a person, who was sometime clerk to Mr. Saul, told him, that Saul had salted four or five thousand hogs at Piziquid; that upon an audit of Saul's accounts by himself and another of the Council, he well remembers, that Saul had given credit to the publick for about two thousand pounds on account of these cattle and stock.

That the people of Lunenburg had some of the horses; and that many were now in use at Halifax; that he never heard of any cattle sold by others than Mauger and Saul, or those to whom they were given in charity.

fo. 84.

It having appeared from an examination of the publick accounts of the colony, that a large sum was charged in the account of the year 1757 for flour bought of Mr. Saul, the Commissary, at fifteen shillings the hundred weight; Mr. Grant was desired to inform the Board, what the price of flour was in the years 1756, 1757 and 1758, whose information upon that matter was as follows, viz.

fo. 85.

That from July, 1755, to October, 1758, flour at an average never exceeded eight shillings the hundred, or eight shillings and six pence at most; that this cheapness was owing to a large quantity of prize flour brought in; that Philadelphia flour has sold for twelve shillings and six pence to thirteen shillings; but scarce any of that came to market at Halifax within that period, or at least only a small quantity; that prize flour was in common use in the province, and that he had bought some of Mr. Saul for fifteen shillings the barrel, which is two hundred and five pounds; that notice was taken in the Council of the high price charged to the publick for flour; and a proposal was made, that they should have the contract, which would supply the cheapest; upon which Mr. Saul promised, that he would furnish it so cheap, that no fault should be found for the future.

Mr. Grant being withdrawn, their lordships agreed to consider further of this affair on Tuesday next; and the Secretary was ordered to give notice to General Winslow and Mr. Sanderson, late Speaker of the House of Representatives of Nova Scotia, to attend on that day.

fo. 86.

Tuesday, March 18. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.

Nova Scotia.

Their lordships took into further consideration the subject matter under deliberation on the last day of meeting, respecting the disposition of the cattle and stock left in Nova Scotia upon the removal of the French inhabitants in 1755; and General Winslow, attending without pursuant to order, was called in; whose information upon this matter was in substance as follows, viz.

fo. 87.

fo. 88.

That the troops under his command in Nova Scotia, whilst at Beausejour, were victualled with salt provisions; that when he was sent with a detachment to Menis, they had only fourteen days' provisions; that from the 14th of August, 1755, to the 13th of September following, his command at Menis in Nova Scotia, officers included, consisted of 313 men, till the 13th of September, when he received a reinforcement, which made them 363, continued at that number till the 11th of November, when he went with one part to Halifax, Captains Adams and Hobbs with one hundred men to Annapolis, the remains left with Captain Osgood at Menis; and that during the time that the troops were at that place, they were victualled about one half of that time with fresh provisions; that they killed out of the stock that did belong to the French inhabitants, which, together with their lands, was declared forfeited to the Crown; that he settled accounts with the agent for the contractor, in which credit was given to the Crown for the fresh provisions the troops had been supplied with.

That some of the cattle was drove over to Halifax by order of Mr. Mauger, the Agent Victualler for the Fleet, as he understood for the use of the fleet; that a great part was left upon the spot; many of which probably perished in the winter for want of fodder; that he never heard, that any cattle was disposed of by sale, not being fit for slaughter.

fo. 89.

That the live stock that belonged to the French inhabitants that were removed by him from the districts of Menis, Canard Rivers, Habiton and Gaspereau, and places adjacent, were

General Winslow being withdrawn, Mr. Sanderson, who also attended pursuant to order, was called in; whose information upon this matter was in substance as follows, viz.

fo. 90.

Nova Scotia.

fo. 91.

That the general opinion at Halifax was, that there were large quantities of cattle left by the French inhabitants; it was said, twenty thousand head of horned cattle and ten thousand hogs; that they were not disposed of to the people; that they were taken by the Commissary, and that Mauger, the Agent Victualler, had a part; that he never heard, that any vessels went into the Bay of Fundy to purchase these cattle; that the people at Halifax were altogether ignorant of what passed or was done in that part of the province; that petitions were presented by the settlers for leave to catch some of these cattle, and that some few particular persons had been; and afterwards the cattle they caught were taken away from them; that he supposed the troops were victualled with these cattle, Mr. Saul having packed many thousand barrels of pork; and it was reported, that vessels had carried off salted provisions; that there was a proposal for victualling the people at Lunenburg with these cattle; but it did not take effect; for that cattle were brought for that purpose at a great expence from New England; that he supposes, if the cattle and stock had been sold, it would have produced twenty thousand pounds and upwards; that Mr. Saul, the agent for the contractor, had often spoke of the savings made to the contractor by supplying the troops with these provisions; and it was known, that the contractor had made Mr. Saul a present of three hundred pounds on that score.

That he thinks there must have been ten thousand head of these cattle taken by the Commissary and Agent Victualler; and that he is of opinion, there was a collusion between the Governor and Mr. Saul in this business.

fo. 92.

That these and many other abuses may be discovered and detected by empowering proper persons from home to examine the officers and the persons employed by them, and to inspect the publick accounts.

Mr. Sanderson being asked as to the price of flour at Halifax in 1757, he said that he very well remembers, that it was said, that Mr. Saul had sold prize flour to the publick for fifteen shillings the hundred, for which he only gave fourteen shillings a barrel.

fo. 93.

fo. 94.

Mr. Sanderson being withdrawn, their lordships upon further consideration had of this matter, ordered, that the agent for the settlement should carefully examine the accounts of money received and expended for the service of Nova Scotia in the years 1756, 1757 and 1758, and state to their lordships, whether any or what credit has been given by the Commissary or any other officer or officers on account of the cattle and stock left in Nova Scotia upon the removal of the French inhabitants in 1755; and that the Secretary should write to the Secretary to the Lords Commissioners of the Treasury to acquaint him with the information which this Board has received upon this matter, and to desire he would move the Lords Commissioners of the Treasury to give orders to the proper officers to examine, whether any or what credit has been given to the publick by the Contractor for supplying the troops in that province with provisions on account of any part of the said cattle and stock supplied to the use of the said troops.

Friday, March 21. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Pennsylvania.

fo. 95.

Read three orders of the Lords of the Committee of his Majesty's Council for Plantation affairs, dated the 20th of February and 13th of March, 1760, referring to this Board, for their consideration and report, nineteen Acts passed in the province of Pennsylvania in the years 1758 and 1759, together with a petition of the Proprietaries of the said province, praying to be heard by their counsel against eleven of the said Acts.

Ordered, that the said Acts and petition be taken into consideration on Friday the 18th of April; and that the Secretary do give notice to the Proprietaries and to the agents for the representatives of the said province, that their lordships will be ready on that day to hear what they may have to offer thereupon.

Ordered, that the said Acts be referred to Sir Matthew Lamb for his opinion thereupon in point of law; and that he be desired to return them, together with his report, as soon as conveniently he can before the time appointed for hearing the parties.

fo. 96.

Massachusetts.

Read an order of the Lords of the Committee of his Majesty's Council for Plantation affairs, dated the 13th of March, 1760, referring to this Board, for their consideration and report, ten Acts passed in the province of the Massachusets Bay in 1759.

Ordered, that the said Acts be referred to Sir Matthew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

Trade.

Africa.

The Secretary laid before the Board copies of several letters and papers received by the Committee of the Company of Merchants trading to Africa from their officers at James Fort in the river Gambia, which copies had been delivered to him by the Secretary of the said Committee.

fo. 97.

Ordered, that the said papers be taken into further consideration on Wednesday next, the 26th instant; and that the Secretary do give notice to the Committee to attend.

Nova Scotia.

Read a memorial of the executors of the late John Gorham, Captain of the Independent Company of Rangers employed in the service of Nova Scotia, stating an account of pay and arrears due to the said Captain between the 25th August, 1749, and 15th December, 1751, and praying payment thereof out of such funds as shall be appropriated to the service of the said colony.

fo. 98.

Ordered, that the agent for the affairs of the settlement of the said colony do examine the accounts of the said colony for the years 1749, 1750 and 1751, and state to their lordships what sums appear to have been paid to the said Captain Gorham on account of his subsistence and arrears between the 25th of August, 1749, and the 15th of December, 1751.

Wednesday, March 26. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Trade.

Africa.

fo. 99.

Their lordships took into further consideration the papers received from the Committee of the Company of Merchants trading to Africa, mentioned in the minutes of Friday last; and several of the gentlemen of the Committee, with their Secretary, attending without pursuant to order, they were called in; and their lordships having stated to them the several points, upon which they were desired to attend, and heard what they had to offer thereupon, they withdrew.

fo. 100.

Ordered, that the Secretary do write to the Master of the Merchants Hall at Bristol, and to the Mayor of Liverpool, acquainting them with the representations made by the Company's officers at James Fort of the prejudice arising to the trade of that district from the masters of vessels refusing to pay the customs claimed by the King of Barra, and desiring them to communicate the same to the merchants of Bristol and Liverpool trading to that part of the coast of Africa, to the end they may give directions to the masters of ships employed by them in that trade to avoid for the future any just cause of complaint on that account.

Nova Scotia.

Read a letter from Richard Cumberland, Esquire, agent for the colony of Nova Scotia, to the Secretary, dated 24th March, 1760, acquainting him, that no credit appears, from the accounts of that colony, to have been given by the Commissary or other officers, on account of the cattle or stock left there upon the removal of the French inhabitants in 1755.

fo. 101.

Friday, March 28. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.

South Carolina.

Mr. Wright, agent for the province of South Carolina, attended, and laid before the Board some private letters to him from his correspondents in South Carolina, dated in February last, containing intelligence, that the Cherokee Indians had broke the treaty concluded with Mr. Lyttelton in November last, and had fallen upon the back settlements, and cut off many of the inhabitants; and then he withdrew.

fo. 102.

Nova Scotia.

Read Sir Matthew Lamb's report, dated March 15th, 1760, upon the minutes of the proceedings of the Governor, Council and House of Representatives of the province of Nova Scotia, in the first session of the General Assembly of that province.

Ordered, that a copy of the said report be transmitted to Mr. Lawrence, with the Board's next letter to him.

Read a letter from William Adair, Esquire, to Mr. Pownall, dated March 27th, 1760, in behalf of the executors of the late Major General Hopson, praying him to move the Board to give orders, that Mr. Green, Treasurer of Nova Scotia, be permitted to come to England to pass some accounts of the said late General Hopson; and inclosing
fo. 103.
Copy of Major General Hopson's Memorial to the Lords of the Treasury.
Copy of the Treasury minute relating to Major General Hopson's Memorial.

Ordered, that the Secretary do transmit a copy of the said Memorial to the Governor of Nova Scotia, and signify to him their lordships' desire, that he will give leave to Mr. Green to come to England, appointing a proper person to officiate in his stead during his absence.

Miscellanies.

fo. 104.

The Secretary having acquainted the Board, that Mr. Heron, one of the clerks employed in their service, was dead, Daniel Cuckow was appointed to supply the vacancy, at the recommendation of Mr. Hamilton; and it was ordered, that the clerks should have place according to seniority, as follows, viz.