Journal, June 1761: Volume 68

Journal, June 1761

Tuesday, June 2. Present:—Mr. Stone, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas.

Bahamas.

Read a letter from Mr. Secretary Pitt, dated May 26th, 1761, notifying that his Majesty had been pleased to continue General Shirley Governor of the Bahama Islands, and signifying his Majesty's pleasure that this Board should prepare draughts of a Commission and instructions.

fo. 279.

Ordered, that the draught of a Commission, as also draughts of general instructions, and of those relating to the observance of the laws of trade be prepared for Governor Shirley with all possible dispatch.

Barbados.

Their lordships took into consideration two Acts passed in Barbados in December, 1759, and March, 1760, together with Sir Matthew Lamb's report thereupon; and the said report and Acts having been read, and no objection appearing against them, it was agreed, that they should lye by probationary, until the further effect and operation of them shall have been known.

The Secretary laid before the Board the following papers received from the Committee of the Company of Merchants trading to Africa, viz.
Trade.
Africa.
fo. 280.
Copies of a letter from Joseph Debat, Esquire, and Council at Gambia, to the Committee of the Company of Merchants trading to Africa, dated October 19th, 1760; of another from the same, December 6th, 1760; state and condition of James Fort; list of officers, tradesmen, etc.; of another letter from the same, dated December 30th, 1760; also of a letter from William Mutter from Cape Coast Castle, no date.

Wednesday, June 3. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas.

Bahamas.

fo. 281.

The draught of a Commission for appointing William Shirley, Esquire, Governor of the Bahama Islands, having been prepared pursuant to order, was approved, and a representation to his Majesty thereupon signed.

Georgia.

fo. 282.

The Secretary acquainted the Board that Governor Ellis, lately arrived from Georgia, having been informed of their lordships' objections to the Act passed in that colony in April, 1760, for the more easy and speedy recovery of small debts, had desired him to move the Board, that he might be permitted to lay before them some reasons in support of the said Act, before their lordships finally determined upon it, to which their lordships agreed; and Mr. Ellis attending without, was called in, and stated to their lordships the grounds and reasons upon which this Act was passed; that, before this Act took place, the inhabitants of the colony were subjected to great hardships and inconveniences, from being obliged to come to Savannah to prosecute their suits in the General Court from remote parts of the colony, which, from the nature and situation of the country, was attended with much difficulty and expence; that this Act had removed this hardship, had given great satisfaction to the people, and had not been attended with any difficulty or inconvenience in the execution of it.

fo. 283.

Mr. Ellis being withdrawn, their lordships, upon consideration of what had been offered by him, agreed that the Act should lye by probationary, untill the further effect and operation of it should be known, and untill the colony was in a situation to admit of more constitutional and less exceptionable regulations for the attainment of so desirable an end, which was certainly a very proper object of the attention of the legislature of the colony.

Whereupon it was ordered, that the draught of the representation to his Majesty upon this Act and upon another passed at the same time, which draught had been transcribed for signing, pursuant to order, should be cancelled, and another draught prepared, confined to those objections, which had occurred to the other Act, and proposing it's repeal.

Leeward Islands.

fo. 284.

Their lordships then took into consideration several Acts passed in the several Leeward Islands in 1759 and 1760, together with Sir Matthew Lamb's reports thereupon; and the said Acts and reports having been read, and no material objections appearing against the Acts, it was agreed that they should lye by probationary, until the further effect and operation of them should be known.

Georgia.

fo. 285.

Their lordships then took into consideration an Act passed in the Colony of Georgia in 1759, for establishing and confirming the titles of the several inhabitants of this province to their respective lands and tenements, together with the minutes of the Board's proceedings upon this Act on the 14th of January last, whereupon it was agreed to take the said Act into further consideration on Friday next, the 5th instant; and the Secretary was directed to give notice thereof to Governor Ellis and also to Mr. Hamersley, sollicitor in behalf of certain proprietors of lands in Georgia, claimed to be held under a grant from the late Lords Proprietors of Carolina, before the surrender of their property to the Crown.

Friday, June 5. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

Georgia.

fo. 286.

Their lordships took into consideration the Act passed in the Province of Georgia in 1759, for establishing and confirming the titles of the several inhabitants of this province to their respective lands and tenements; and Governor Ellis attending, as desired, and also Mr. Hamersley, sollicitor in behalf of the proprietors of certain lands in Georgia, claimed to be held under a grant from one of the late Lords Proprietors of Carolina, before the date of the Charter for the establishment of the Colony of Georgia, they were called in; and their lordships having heard, as well what the Governor had to offer in support of the grounds and motives upon which the law was passed, as what Mr. Hamersley had to lay before them in support of the claim of his constituents, they were ordered to withdraw; and their lordships, after full consideration of the arguments on both sides, were of opinion, that the law was improper to be confirmed; and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing it's repeal.

fo. 287.

The draught of a representation to his Majesty, proposing the repeal of an Act passed in the Colony of Georgia in 1760, to enable femmes couvertes to convey their estates, etc., having been prepared, pursuant to order, was agreed to, transcribed and signed.

Bahamas.

The Secretary laid before the Board the draught of general instructions, and of those for the observance of the laws of trade, prepared pursuant to order, for William Shirley, Esquire, Governor of the Bahama Islands; and the said draughts having been approved, were ordered to be transcribed, and the draught of a representation to his Majesty thereupon prepared.

fo. 288.

Tuesday, June 16. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Yorke.

Plantations General.

The draught of a representation to his Majesty, with the names of persons to be inserted in the Commissions, ordered by his Majesty to be prepared for trial of pirates in America, having been transcribed pursuant to order, was signed.

Georgia.

The draught of a representation to his Majesty, upon an Act passed in Georgia in 1759, for establishing and confirming the titles of the several inhabitants of this colony to their respective lands and tenements, having been prepared pursuant to order, was approved and ordered to be transcribed.

Nova Scotia.

fo. 289.

Read the following letters and papers received from the Lieutenant Governor of Nova Scotia, viz.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated 10th April, 1761, acknowledging the receipt of the Board's letter of the 31st of October, 1760, inclosing the Order of the Lords of the Council, notifying the death of his late Majesty, and for proclaiming the King, etc.; giving an account of the proceedings respecting the new settlements and of the expences necessarily incurred, etc. and inclosing,
Proclamation for proclaiming his present Majesty.
Return of elections as made by the Provost Marshall.
The present state of the new settlements in Nova Scotia.
fo. 290.
Bills of exchange drawn by the Honourable Jonathan Belcher, Esquire, on the agent for the Province of Nova Scotia.
Treasury book of vouchers for money paid, from 30th September, 1760, to January, 1761.
Records of his Majesty's Council, between the 22nd April, 1760, and 12th November following.
Minutes of Council, between the 12th of November, 1760, and the 1st of April, 1761.
Minutes of the proceedings of his Majesty's Council in General Assembly, from 8th September, 1760, to the 27th of the same month.
Votes of the House of Assembly from the 4th of December, 1759, to the 8th of September following.
fo. 291.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 14th April, 1761, informing them that numbers of Acadians still remain in the distant parts of the province, who have not made their submission, and inclosing,
A minute of the Council of the 14th April, 1761, containing their opinion how far it may be adviseable to dispose of the said Acadians.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 16th April, 1761, respecting the proposals of contractors for furnishing the commissary with several commodities necessary for the Indian trade, and inclosing,
fo. 292.
Copy of the proposals offered to Jonathan Belcher, Esquire, by Mr. Alexander Grant, for a contract to furnish the supplies for the Indian trade.
Do. by Mr. Francklin and Mr. Woodmass.
Copy of the report of the committee appointed for considering the proposals made by Messrs. Grant, Francklin and Woodmass.
Copy of Mr. Grant's contract, and also of his bond.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated 17th April, 1761, inclosing,
Copy of a letter from him to His Excellency, General Amherst, dated 15th April, 1761, respecting the hostile designs of the numerous body of Acadians at Restigouch and the neighbouring parts.

fo. 293.

Ordered, that copies be made of such of the abovementioned letters and papers, as relate to the dangers to which the province is exposed from the hostile intentions of the Acadians collected together in different parts of it, to be laid before his Majesty, and that the draught of a letter to Mr. Secretary Pitt thereupon be prepared.

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

fo. 294.

Wednesday, June 17. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Yorke.

Nova Scotia.

The draught of a letter to Mr. Secretary Pitt, inclosing copies of several letters and papers received from the Lieutenant Governor of Nova Scotia, respecting the danger to which the province is exposed from numbers of Acadians collected together in different parts of it, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

fo. 295.

Their lordships took into consideration the state of his Majesty's Council in Nova Scotia, and ordered the draught of a representation to his Majesty to be prepared, proposing that Alexander Grant, Edmund Crawley, Henry Newton and Michael Francklyn, may be appointed to supply the vacancys in the said Council.

Georgia.

Their lordships then took into consideration an Act passed in the Province of Georgia in 1760, entituled,
An Act for stamping, imprinting, issuing and making current the sum of seven thousand, four hundred and ten pounds sterling in paper bills of credit, and for applying and sinking the same;
and after full consideration thereof, and of what Governor Ellis, who attended upon the Board, had to offer in support of the reasons, which had induced him to assent to it, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be confirmed.

Nova Scotia.

fo. 296.

The Secretary laid before the Board two letters which he had received from Captain Taggart, late master of the Snow Halifax, one of the vessels belonging to the Province of Nova Scotia, with an account of the expences he had been at in bringing some publick dispatches from Cork to London, returning to Cork to dispose of the said vessell and afterwards coming back to London.

Ordered, that the said account be delivered to the agent for the Settlement, to the end that the amount thereof may be inserted in the next application, which he shall make to the Lords Commissioners of the Treasury, on account of expences incurred for the service of that province.

fo. 297.

Friday, June 19. Present:—Lord Sandys, Mr. Stone, Mr. Yorke.

Nova Scotia.

The draught of a letter to Mr. Secretary Pitt, inclosing copys of several letters and papers received from the Lieutenant Governor of Nova Scotia, respecting the danger to which that province is exposed from numbers of Acadians collected together in different parts of it, having been transcribed pursuant to order, was signed.

Bahamas.

Nova Scotia.

fo. 298.

The draught of a representation to his Majesty, with draughts of general instructions and of those relating to the observance of the laws of trade, for the Governor of the Bahama Islands, having been prepared pursuant to order, was approved and ordered to be transcribed; as were also draughts of a representation to his Majesty, recommending four persons to be appointed of the Council of Nova Scotia; and of a letter to the Lieutenant Governor of that province, in answer to several received from him.

fo. 299.

Their lordships then took into consideration twenty Acts, passed in the Province of Nova Scotia in September, 1760, together with Sir Matthew Lamb's report thereupon, and the said Acts and report were read; and it appearing, that by one of these laws, the Act passed in 1759, for regulating the Indian trade, which was enacted to continue for two years, was made perpetual, their lordships were of opinion, that although the objections stated to the Act in the Board's letters to Mr. Belcher of the 3rd of March and 21st of April, were not of such a nature, as to make it expedient to propose the repeal of it, circumstanced as it stood in point of duration; yet, being now made to continue without any limitation of time, it was proper to be repealed, being, in their lordships' judgment, an improper restriction upon trade, and a measure introductive of unreasonable expences to the publick; it was therefore ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be repealed, as also the Act by which it is perpetuated. It was further ordered, that the draught of a representation to his Majesty should be prepared, proposing the repeal of another Act passed in the last session of Assembly, in addition to the Act to enable Proprietors to divide the lands held in common and undivided, which last mentioned Act had been reported for repeal on the 21st of April last.

Africa.

fo. 300.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, to Mr. Pownall, dated 4th June, 1761, inclosing copy of Captain Galbeaith's observations on the forts and settlements on the Coast of Africa.

Tuesday, June 23. Present:—Lord Sandys, Mr. Stone, Mr. Yorke.

Bahamas.

Nova Scotia.

fo. 301.

The draught of a representation to his Majesty, with draughts of general instructions, and of those relating to the observance of the laws of trade, for the Governor of the Bahama Islands, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty, recommending four persons to be appointed of the Council of Nova Scotia; and a letter to the Lieutenant Governor of Nova Scotia, in answer to several received from him.

Georgia.

The draughts of representations to his Majesty, proposing the repeal of three Acts passed in Nova Scotia, mentioned in the minutes of Friday last, having been prepared pursuant to order, were approved, transcribed and signed; as was also a representation to his Majesty, proposing the repeal of the Act passed in the Province of Georgia in 1759, for confirming the titles of several inhabitants to their lands.

fo. 302.

Jamaica.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in the Colony of Georgia in 1760, for establishing a paper currency, having been prepared pursuant to order, was approved, transcribed and signed; as was also a representation to his Majesty, proposing that Zachariah Bayley, Esquire, may be appointed of the Council of Jamaica.

Georgia.

Read a letter from Mr. Martin, Secretary to the Lords ComCommissioners of the Treasury, dated June 19th, 1761, inclosing a memorial presented to their lordships by Henry Ellis, Esquire, late Governor of Georgia, praying that the ballance of an account of the sale of Indian lands in Georgia, now in his hands, may be granted to him as a reward and compensation for services done, and expences he has been at in the publick service, upon which the Lords of the Treasury desire the favor of the opinion of this Board.

fo. 303.

Their lordships, upon consideration of the said letter and memorial, ordered the Secretary to write to Mr. Martin and acquaint him, for the information of the Lords of the Treasury, that it appears, from letters and other authentick papers in this office, that the allegations of Mr. Ellis's memorial are just and true, and that the Board are of opinion that his conduct in the administration of the government of Georgia has been such as intitles him to his Majesty's favour.

Jamaica.

Read a letter from Mr. Wood, Secretary to the Commissioners of the Customs, to Mr. Pownall, dated June 20th, 1761, containing the opinion of that Board upon the Acts of Jamaica referred to them, for prohibiting the importation into that island of sugar, rum and molasses of the growth of the French, Spanish, Dutch and Danish settlements.

fo. 304.

Their lordships took the said letter and also the Act to which it refers into consideration, and it appearing, that the Act would expire in a few months by its own limitation, they did not think it necessary to propose it's repeal, though the objections to it appeared to have great weight, but ordered the Secretary to transmit a copy of Mr. Wood's letter to the Lieutenant Governor of Jamaica, and also deliver another copy to Mr. Lyttelton, now in England, to the end that they, being apprized of the objections to the Act, might not be induced to consent to any revival or further continuance of it.

North Carolina.

South Carolina.

fo. 305.

Their lordships took into consideration thirteen Acts passed in North Carolina in December, 1760, and eight Acts passed in South Carolina in May, June, July and August, 1760, together with Sir Matthew Lamb's reports thereupon; and the said Acts and reports having been read, and no material objection appearing to any of the said Acts, it was agreed, that such of them as have not expired by their own limitation, should lye by for consideration, when the effect and operation of them should be further known.

Miscellanies.

The Earl of Halifax, Lord Lieutenant of Ireland, having made it a request to Lord Sandys, that Mr. Pownall, the Secretary, might be permitted to attend his Lordship in Ireland during his first residence there, their lordships were pleased to consent to his Excellency's request, and to order, that Mr. Sedgwick, the Sollicitor and Clerk of Reports, should officiate as Secretary during Mr. Pownall's absence.