Journal, February 1761: Volume 68

Journal, February 1761

Thursday, February 5. Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper, Mr. Bacon.

Nova Scotia.

fo. 117.

Ordered, that Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia, which was appointed to have been considered on Wednesday, the 28th of January, be taken into consideration on Tuesday next, the 10th instant; and that the Secretary do give notice thereof to the several persons ordered to attend on the said 28th.

The Secretary laid before the Board a memorial prepared by the agent for the Settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sum of one thousand, one hundred and ninety eight pounds, one shilling, may be issued to him out of the grant of Parliament for the service of Nova Scotia, to discharge several demands on account of that service; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

Jamaica.

fo. 118.

fo. 119.

The Secretary having acquainted the Board, that John Pigott, Esquire, attorney to John Roberts and Barton Roberts, to whom the remainder in fee of the moiety of the lands mentioned in an Act passed in the Island of Jamaica in 1747, intituled, "An Act for vesting the moiety of two parcels of land at Manchioniel in the Parish of St. Thomas in the East, late the estate of John Barton, esquire, deceased, in trustees for the sale thereof for payment of the debts and legacies of the said John Barton, and several annuities chargeable on his estate; and for the better support of Martha Barton, an infant daughter of the said John Barton; and for securing the estate and interest of those in remainder, in the money which shall arise by sale of the said lands," is limited, had desired him to move their lordships to appoint a day for the consideration of the said Act; and it appearing by the minutes of the 23rd of February, 1748–9, that it was ordered, that the said Act should be further considered when the parties concerned should make application, their lordships agreed to take the said Act into consideration on Wednesday next, the 11th instant, and the Secretary was ordered to give notice thereof to Mr. Pigott, and desire his attendance on that day.

Pennsylvania.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 20th of January, referring to this Board, for their consideration and report, five Acts passed in the Province of Pennsylvania in 1757 and 1760.

fo. 120.

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

Bahamas.

The Secretary laid before the Board a paper containing authenticated copies of several depositions and other documents transmitted to him by Mr. Shirley, Governor of the Bahama Islands, relative to a certificate granted by the said Governor to a Spanish vessel as a flag of truce, and to his having accepted a gratuity on account of service done to the owners of a vessel libelled in the Court of Admiralty of those islands.

South Carolina.

fo. 121.

Read a letter from William Bull, Esquire, Lieutenant Governor of South Carolina, dated 17th December, 1760, informing the Board that he had received an account from General Amherst, that he had ordered 1200 men to embark for that province; that he had supplyed Fort Prince George with provisions, etc. and that the French had built a fort on the Cherokee River.

Ordered, that an extract be made of so much of Mr. Bull's letter, as relates to the French having built a fort upon the Cherokee River, to be transmitted to Mr. Secretary Pitt.

Virginia.

fo. 122.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated 6th December, 1760, acknowledging the receipt of the Board's letter of 13th June last, upon which some doubts have arisen with respect to patented lands, and desiring further instructions; informing them that an Act had been passed for keeping up 1,000 men for the assistance of the Carolinas; mentioning the death of Mr. Dawson, a councillor, and recommending three gentlemen to supply vacancies in the Council.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, to the Board, dated 15th December, 1760, respecting the captures of several Spanish ships, and transmitting publick papers.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that Presly Thornton, Esquire, may be appointed of the Council of Virginia in the room of the Reverend Thomas Dawson.

fo. 123.

Ordered, that the draught of a letter to Mr. Fauquier, in answer to the two received from him, be prepared.

Plantations General.

Canada.

Their lordships took into consideration the state of his Majesty's Dominion of Canada in North America, in respect to the regulations, which may be necessary for putting the trade and commerce of the said country under the like regulations, as have been prescribed for other the British colonies in America; and after some time spent therein, a representation to his Majesty thereupon was agreed to, and ordered to be transcribed.

Nova Scotia.

fo. 124.

The Secretary having acquainted the Board, that Captain Taggart, master and commander of the Snow Halifax in the service of the Province of Nova Scotia, had represented to him that the said vessel was so much out of repair, as to be unfit for any further service; it was ordered that the agent for the settlement, the treasurer and Captain Taggart, should consider of the best method of disposing of the said vessel to the greatest advantage, and lay their proposals before the Board.

Tuesday, February 10. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

fo. 125.

Their lordships took into consideration Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Sanderson attending, was called in, and their lordships then proceeded to an examination into the allegations contained in the 7th, 13th, 14th, 15th, 16th, 17th and 18th articles of his memorial; and the persons referred to by Mr. Sanderson for information upon the particulars of each article attending without, were severally called in and examined; and their lordships having gone through the whole, Mr. Sanderson withdrew.

Wednesday, February 11. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Jamaica.

fo. 126.

Their lordships took into consideration the Act passed in the Island of Jamaica in 1747, for sale of the moiety of certain lands, late the estate of John Barton, Esquire, mentioned in the minutes of the 5th instant; and Mr. Pigott, attorney to John Roberts and Barton Roberts, to whom the remainder in fee of the said moiety of lands is limited, attending, as desired, he was called in; and having produced to their lordships a letter of attorney, duly executed and attested, from the said John Roberts and Barton Roberts, authorizing him to consent to and solicit in their names the confirmation of the said Act, he withdrew; and their lordships ordered the letter of attorney to be entred upon record; and the draught of a representation to his Majesty to be prepared, proposing that the Act may be confirmed.

fo. 127.

South Carolina.

Virginia.

A letter to Mr. Secretary Pitt, with the extract of a letter from the Lieutenant Governor of South Carolina, relating to the French having built a fort upon the Cherokee River, was signed; as was also a representation to his Majesty, proposing that Presly Thornton, Esquire, may be appointed of the Council of Virginia in the room of the Reverend Thomas Dawson.

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

Plantations General.

Canada.

fo. 128.

The draught of a representation to his Majesty in respect to the regulations, which may be necessary for putting the trade and commerce of Canada under the like regulations as have been prescribed for other the British colonies in America, having been transcribed pursuant to order, was signed.

The Secretary laid before the Board the following Orders of his Majesty in Council, received from the Clerk of the Council, viz.
North Carolina.
Order of his Majesty in Council, dated 3rd December, 1760, confirming the suspension of Francis Corbin, Esquire, from his seat in the Council of North Carolina, and removing him from it.
New York.
fo. 129.
Order of his Majesty in Council, dated 24th December, 1760, confirming an Act passed in New York in December, 1759, to impower Justices of the Peace, Mayors, Recorders, and Aldermen to try causes to the value of five pounds, and under, etc.
Barbados.
Order of his Majesty in Council, dated December 24th, 1760, repealing an Act passed in Barbados, to appoint Watches to be in the respective towns of this island, etc.

Ordered, that the Secretary do transmit the said Orders to the respective governors or commanders in chief of the said colonies, together with copies of the Board's representations upon the Acts therein mentioned.

Plantations General.

Labrador.

fo. 130.

Read a letter from Captain Webb, commander of his Majesty's ship Antelope, dated Downs, 3rd February, 1761, acquainting the Board with his having taken possession in his Majesty's name, of a fine harbour upon the Coast of Labrador in North America, and proposing that he may have leave from the Admiralty to come to town, to lay a plan of it before their lordships.

Ordered, that the Secretary do acquaint Captain Webb, that as it is not within their lordships' department to determine, whether any or what establishments it may be necessary to make in that part of America, they are not inclined to give him the trouble of coming to town, and leaving his command upon that occasion.

Nova Scotia.

fo. 131.

Their lordships took into further consideration Mr. Sanderson's memorial, stating several grievances and abuses in the administration of the government of Nova Scotia; and Mr. Green, the Treasurer of the Colony, attending, their lordships had some conversation with him upon the subject of that article, which relates to his conduct in reference to the contracts for farming the rum duties, and for the furnishing live cattle from New England; the result of which was, that their lordships ordered a copy of that article to be delivered to him, in order that he might give in his answer thereto in writing.

The draught of a letter to Mr. Secretary Pitt, inclosing an extract of a letter from Mr. Belcher, President of the Council of Nova Scotia, dated December 12th, 1760, relating to Mary Webb, a convict for murder, was agreed to, transcribed and signed.

Read a report, signed by the agent of the colony, the Treasurer and Captain Taggart, of the Snow Halifax, containing their opinion as to the best method of disposing of the said vessel to the greatest advantage.

fo. 132.

Ordered, that the said vessel, the Snow Halifax, be sold at Cork, where she now lyes; and that the Secretary do give the necessary directions for that purpose, and for the discharge of whatever may be due on account of the said vessel.

Tuesday, February 17. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Miscellanies.

Read a letter from Mr. Secretary Pitt, dated 14th February, 1761, informing the Board, that his Majesty has been pleased to continue John Pownall, Esquire, in the employment of Secretary to their lordships; and Mr. Pownall was admitted accordingly.

Virginia.

fo. 133.

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

Ordered, that an extract be made of so much of Mr. Fauquier's letter to the Board of the 15th of December last, as relates to the conduct of the owner of a privateer in reference to two Spanish vessels seized by the said privateer; as also an extract of so much of the Board's letter to Mr. Fauquier, as contains their lordships' opinion upon that matter, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to him therewith be prepared.

fo. 134.

The following representations to his Majesty, in Council and letters to Mr. Secretary Pitt were agreed to and signed, viz.
New Hampshire.
Representation to his Majesty, proposing that Benning Wentworth, Esquire, may be continued Governor of the Province of New Hampshire.
New York.
Representation to his Majesty, proposing that George Clarke, Esquire, may be continued Secretary to the Province of New York.
Letter to Mr. Secretary Pitt, desiring him to move his Majesty, that Witham Marsh, Esquire, may be continued Town Clerk of the City of Albany, Clerk of the Pleas, and Secretary for Indian Affairs; and inclosing a warrant for that purpose.
Massachusetts.
fo. 135.
Representation to his Majesty, proposing that Francis Bernard, Esquire, may be continued Governor, Thomas Hutchinson, Esquire, Lieutenant Governor, and Andrew Oliver, Esquire, Secretary of the Province of the Massachusets Bay.
Virginia.
Representation to his Majesty, proposing that Jeffery Amherst, Esquire, may be continued Governor, Francis Fauquier, Esquire, Lieutenant Governor, and Peyton Randolph, Esquire, Attorney General, of the Colony of Virginia.
Letter to Mr. Secretary Pitt, desiring he would move his Majesty that Mr. James Robert may be continued Naval Officer of the Upper District of James River in the Colony of Virginia; and inclosing a warrant for that purpose.
North Carolina.
Representation to his Majesty, proposing that Arthur Dobbs, Esquire, may be continued Governor, and Charles Berry, Esquire, Chief Justice of the Province of North Carolina.
fo. 136.
Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Mr. Benjamin Turner may be continued Naval Officer of the Province of North Carolina; and inclosing a warrant for that purpose.
South Carolina.
Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Mr. Joseph Stephenson may be continued Naval Officer of the Province of South Carolina; and inclosing a warrant for that purpose.
Newfoundland.
Cape Breton.
Nova Scotia.
Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Corbyn Morris, Esquire, may be continued agent for the Islands of Newfoundland and Cape Breton, and the Province of Nova Scotia; and inclosing a warrant for that purpose.
Jamaica.
Representation to his Majesty, proposing that William Henry Lyttelton, Esquire, may be continued Governor, and Gilbert Ford, Esquire, Attorney General of the Island of Jamaica.
Barbados.
fo. 137.
Representation to his Majesty, proposing that Charles Pinfold, Esquire, may be continued Governor of the Island of Barbados.
Leeward Islands.
Representation to his Majesty, proposing that Benjamin Carpenter, Esquire, may be continued Lieutenant Governor of the Island of Montserrat.
Bermuda.
Representation to his Majesty, proposing that William Popple, Esquire, may be continued Governor, and George Tucker, Esquire, Secretary and Provost Marshall of the Bermuda Islands.

Jamaica.

Read a letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, dated 7th November, 1760, informing the Board that he had passed the Agency Bill, and that the rebellion of the negroes was almost suppressed; and inclosing,
fo. 138.
Copies of the speech of the Lieutenant Governor of Jamaica to the Council and Assembly, and of their address to him.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in Jamaica in 1747, for the sale of the moiety of certain lands, late the estate of John Barton, Esquire, deceased, having been prepared pursuant to order, was agreed to, transcribed and signed.

Wednesday, February 18. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

fo. 139.

Their lordships took into consideration the state of his Majesty's Colony of Nova Scotia; and several minutes were taken preparatory to a letter to the Commander in Chief of the said colony.

Thursday, February 19. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

fo. 140.

Their lordships took into further consideration the state of his Majesty's Colony of Nova Scotia; and several preparatory minutes having been taken, the draught of a letter to Mr. Belcher, Commander in Chief of the said colony, was ordered to be prepared.

New Hampshire.

Read a letter from Benning Wentworth, Esquire, Governor of New Hampshire, to the Board, dated 21st January, 1761, acknowledging the receipt of the Order in Council, notifying the death of his late Majesty, and directing the proclamation of his present Majesty, etc., etc.

Friday, February 20. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Georgia.

fo. 141.

Read a letter from James Wright, Esquire, Lieutenant Governor of Georgia, dated the 23rd of December last, containing observations upon the present defenceless state of the province, and the perilous situation it is in with respect to the Indian war; and inclosing,
Copy of the address of the Commons House of Assembly of Georgia to the Lieutenant Governor.

Ordered, that an extract be made of so much of Mr. Wright's letter, as relates to the want of some swivel guns for the service of the fortifications, to be laid before his Majesty in Council, and that the draught of a representation to his Majesty thereupon be prepared.

fo. 142.

Georgia.

The Secretary laid before the Board a memorial prepared by the agent for the Settlement of Georgia, to be presented to the Lords Commissioners of the Treasury, praying that a sum of money may be issued for the purchase of a fresh supply of goods for presents to the Creek Indians; and the said memorial having been approved, it was ordered that an extract of so much of Mr. Wright's letter to the Board, as states the necessity of a further allowance for presents to those Indians, should be annexed to the said memorial; and that the agent should then present it to the Lords Commissioners of the Treasury, for their directions upon it.

Ordered, that the draught of a letter to Mr. Wright in answer to his, be prepared.

fo. 143.

Tuesday, February 24. Present:—Earl of Halifax, Mr. Pelham, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

The Secretary laid before the Board a paper delivered to him by Alexander McNutt, who had been concerned in some of the new settlements in Nova Scotia, containing some proposals for making further settlements in that colony.

fo. 144.

Mr. McNutt attending was called in; and, after some conversation had with him upon the subject matter of his proposals, he was desired to prepare a memorial, stating the places in Nova Scotia, where he proposed to make his settlements, the quantity of lands he desired, the number of persons he proposed to settle in proportion to the quantity; and the terms and conditions of cultivation, to which he would propose to be bound; and then he withdrew.

Virginia.

Georgia.

The draught of a letter to Mr. Secretary Pitt, with an extract of one from the Lieutenant Governor of Virginia, and also an extract of the Board's answer thereto, in relation to the conduct of a privateer of that colony towards two Spanish vessels seized by the said privateer, having been prepared pursuant to order, was agreed to and signed; as was also a representation to his Majesty, with an extract of so much of a letter from the Lieutenant Governor of Georgia, as relates to the want of some swivel guns for the use of the fortifications in that colony.

fo. 145.

Wednesday, February 25. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Georgia.

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

New York.

Read the following letters and papers received from the President of the Council and Commander in Chief of New York, viz.
fo. 146.
Letter from Cadwallader Colden, Esquire, to the Secretary, dated January 5th, 1761, informing him that the last edition of the laws of New York is out of print, and promising to send four sets as soon as they are reprinted.
Letter from Cadwallader Colden, Esquire, to the Board, dated January 8th, 1761, transmitting publick papers, and containing observations upon two Acts.
Printed votes of the General Assembly of New York from 21st October to 8th November, 1760.
Printed copies of nineteen Acts passed 8th November, 1760.
Letter from Cadwallader Colden, Esquire, dated January 10th, 1761, to the Board, acknowledging the receipt of the Secretary's letter, notifying the death of his late Majesty; and informing their lordships of the difficulties he is under with respect to the use of the old Seal, the proclaiming of his Majesty, etc.
fo. 147.
Letter from Cadwallader Colden, Esquire, to the Board, dated January 17th, 1761, acknowledging the receipt of the Order of the Lords of the Council for proclaiming the King, and other publick papers.

Friday, February 27. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

Mr. Alexander McNutt attending without was called in, and laid before their lordships the following proposals for introducing settlers into his Majesty's Province of Nova Scotia, viz.
fo. 148.
That each and every family to be introduced by Mr. McNutt into Nova Scotia shall be entitled to and receive upon arrival in the colony a grant under the province Seal of a lot or share of lands, of the same quantity and in the same proportion as those which have been granted to families settled in the new townships of Horton, Cornwallis and Falmouth in the said province, under the Governor's proclamation of the 11th day of January, 1759; and that Mr. McNutt shall also be entitled to and receive a grant for his own benefit of one hundred acres of land for every five hundred acres so to be granted, as a reward for his merit in this service.
fo. 149.
That the lands so to be granted be laid out in townships, consisting of one hundred thousand acres of land to each township, in such parts of the province as Mr. McNutt shall choose, where the lands shall not have been under actual settlement, or surveyed and allotted to other persons, at the time of the arrival of the settlers to be introduced by Mr. McNutt.
That the grantees of the lands shall be bound by the terms of their patents to the following and no other conditions of quit rent and cultivation, viz.
That for every fifty acres of land so to be granted a quit rent of one shilling sterling per annum shall be paid to his Majesty, his heirs and successors for ever, the first payment to commence and be made at the expiration of ten years from the date of the grant.
fo. 150.
That for every fifty acres of land accounted plantable, each patentee shall be obliged, within three years after the date of his patent, to clear and work three acres at the least, in that part of his tract which he shall judge most convenient and advantageous; or else to clear and drain three acres of swampy or sunken grounds; or drain three acres of marsh, if any such be within the bounds of his grant.
fo. 151.
That for every fifty acres of land accounted barren every patentee shall be obliged to put and keep on his land, within three years after the date of his grant, three neat cattle or six hogs, which number he shall be obliged to continue on his land, until three acres for every fifty be fully cleared and improved.
fo. 152.
That if any person shall take up a tract of land, wherein there shall be no part fit for present cultivation without manuring and improving the same, every such grantee shall be obliged, within three years from the date of his grant, to erect on some part of his land one good dwellinghouse after the manner of Nova Scotia building, to contain at least twenty feet in length and sixteen feet in breadth, and also to put thereon the like number of three neat cattle or six hogs for every fifty acres.
That if any person, who shall take up any stoney or rocky grounds, not fit for planting or pasture, shall within three years after the passing of his grant, begin to employ thereon, and so to continue to work for three years then next ensuing, in digging any stone quarry, or coal, or other mine, one good and able hand for every hundred acres of such tract, it shall be accounted a sufficient cultivation and improvement.
fo. 153.
That every three acres which shall be cleared and worked, as aforesaid, and every three acres, which shall be cleared and drained, as aforesaid, shall be accounted a sufficient seating, planting, cultivation and improvement to save for ever from forfeiture fifty acres of land in any part of the tract contained in the same patent; and the patentee shall be at liberty to withdraw his stock, or to forbear working in any quarry or mine in proportion to such cultivation and improvement as shall be made upon the plantable lands, or upon the swamps, sunken grounds and marshes which shall be included in the same patent.
fo. 154.
That when any person, who shall hereafter take up and patent any land, shall have seated, planted, cultivated or improved the said land, or any part of it, according to the directions and conditions above mentioned, such patentee may make proof of such seating, planting, cultivation and improvement in the general court, or in the court of the county, district or precinct, where such land shall lie, and have such proof certified to the Register's Office, and there entered with the record of the said patent, a copy of which shall be admitted on any trial, to prove the seating and planting of such land.
fo. 155.
That, in order to ascertain the true quantity of plantable and barren land contained in each grant hereafter to be made with his Majesty's said province, in all surveys hereafter to be made, every surveyor shall take particular notice, according to the best of his judgment and understanding, how much of the land so surveyed is plantable, and how much of it is barren and unfit for cultivation, and accordingly insert in the survey and plot by him to be returned into the Register's Office, the true quantity of each kind of land.
fo. 156.
That the clause in the grants already made to settlers in the new townships of Horton, Cornwallis and Falmouth, by which the claims of any persons under former grants are reserved, may not be inserted in the grants, it having occasioned doubts and suspicions in the minds of the settlers, which have operated very much to discourage the settlements.

Their lordships, upon consideration of the foregoing proposals, were of opinion that they were just and reasonable, and ordered the draught of a representation to his Majesty to be prepared, proposing that the Governor of Nova Scotia may be instructed to make grants of lands in that province to Mr. McNutt and his associates upon the terms and conditions contained in the said proposals.

fo. 157.

The draught of a letter to Mr. Belcher, Commander in Chief of the Province of Nova Scotia, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Ordered, that a copy of the proceedings of the Board on Mr. McNutt's proposals for introducing settlers into his Majesty's Province of Nova Scotia, be transmitted to Mr. Belcher.

Georgia.

The draught of a letter to James Wright, Esquire, Lieutenant Governor of Georgia, in answer to one from him, having been transcribed pursuant to order, was signed.