Journal, February 1762: Volume 69

Journal, February 1762

Tuesday, February 2. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon.

Massachusetts.

fo. 28.

The Secretary laid before the Board nine Acts passed in the Massachusets Bay in December, 1760, and January, 1761, together with Sir Mathew Lamb's report thereupon; and the said report and Acts having been read and considered, and no material objection appearing to any of the said Acts, it was ordered, that such of them as are not expired, should lye by probationary untill the further effect and operation of them should be known.

Ordered, that the draught of a letter to the Governor of the Massachusets Bay be prepared upon the three following points.

First. To signify to him that, as the Act "for the better observance of the Lord's Day," does repeal three former Acts confirmed by the Crown, he ought not, in obedience to his instructions, to have assented to it, without having first transmitted a draught of it, or without having a clause of suspension inserted in it.

fo. 29.

Secondly. To propose to him an amendment to the Act of "Impost and tonnage" in order to render it more consonant to the laws of trade.

Thirdly. To desire him to transmit an account of the amount of the duties which have arisen upon the said law for seven years last past, distinguishing the amount under each particular article, and how much has arisen upon the importation of rum, sugar and molasses, the produce of foreign colonies.

Wednesday, February 3. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Roberts.

Georgia.

fo. 30.

The draught of a letter to the Governor of Georgia, directing the appointment of a person to assist Mr. Ottolengi in the direction of the silk culture in that colony, having been prepared pursuant to an order of the 22nd ultimo, was approved and ordered to be transcribed.

Massachusetts.

The draught of a letter to the Governor of the Massachusets having been prepared, conformable to the directions upon the minutes of yesterday, was approved and ordered to be transcribed.

New York.

fo. 31.

The Secretary then laid before the Board twenty one Acts passed in the Province of New York in November, 1760, and April, 1761, together with Sir Mathew Lamb's report thereupon, and the said report and Acts having been read and considered, and some doubts having occurred to their lordships in respect to the general policy and to some of the provisions of the Act for the better government and regulation of seamen in the merchants' service, it was agreed to take the said Act into further consideration on Tuesday next, the 9th instant, and the Secretary was ordered to give notice thereof to Sir Mathew Lamb and also to the agent for the colony, and to desire their attendance at the Board on that day.

fo. 32.

The rest of the laws not appearing to their lordships to be liable to any particular objection, it was ordered, that such of them as are not expired or have not had their full effect, should lye by probationary untill the further effect and operation of them should be known.

Massachusetts.

Thursday, February 4. Present:—Lord Sandys, Mr. Bacon, Sir Edmund Thomas, Mr. Roberts.

The draughts of letters to the Governors of the Provinces of Massachusets Bay and Georgia, having been transcribed pursuant to order, were signed.

Virginia.

The Secretary laid before the Board four Acts passed in Virginia in May and October, 1760, together with Sir Mathew Lamb's report thereupon; and the said report and Acts having been read, it appeared that the three first of them, being for temporary services, were expired and have had their full effect and operation.

fo. 33.

The other Act entituled, an Act for docking the intail of certain lands whereof Charles Lewis, gentleman, is seized, and for setting other lands of greater value to the same uses, appeared to be of a private nature; and the Secretary acquainted the Board that he was desired by Mr. Abercrombie, agent for the parties concerned in it, to move their lordships to lay the said Act before his Majesty for his royal confirmation.

fo. 34.

The said Act appearing upon examination thereof to have passed through all the necessary forms prescribed by his Majesty's instructions in relation to private Acts, and having also a clause inserted therein suspending its execution until his Majesty's pleasure might be known, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be confirmed.

It appearing upon consideration of the Act passed in May, 1760, for granting thirty two thousand pounds for the relief of the garrison of Fort Loudoun, that there were some clauses inserted therein foreign to what the title thereof imports and to the main object of the law, it was ordered, that the draught of a letter to the Lieutenant Governor should be prepared, to explain to him the irregularity of such a proceeding and to recommend to him to be more attentive for the future to his instructions.

New Jersey.

fo. 35.

The Secretary then laid before the Board an Act passed in New Jersey in July, 1761, for enlisting sixty six effective men for his Majesty's service, together with Sir Mathew Lamb's report upon it; and the said Act and report having been read, it appeared that the said Act was expired and has had its full effect and operation.

Tuesday, February 9. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Roberts.

New York.

fo. 36.

fo. 37.

Their lordships took into further consideration the Act passed in the Province of New York in November, 1760, for the better government and regulation of seamen in the merchants' service; and Sir Mathew Lamb attending as desired, their lordships had some discourse with him upon the subject matter of the said Act, after which Mr. Charles, agent for the Assembly of New York, who was also attending pursuant to order, was called in; and their lordships having stated to him an objection which had occurred to the 7th section of the Act and heard what he had to offer upon it, he was ordered to withdraw; and it appearing to their lordships, upon a mature consideration of this Act, that the giving a power to seamen in the merchants' service to sue the masters of vessels to which they belong for the recovery of the whole of their wages upon their arrival at New York, and the extending that regulation to vessells and seamen belonging to other colonies, is repugnant to the 7th section of the Act of Parliament of the 8th of George 1st, Cap. 24, for the more effectual suppression of piracy, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act may be repealed.

Virginia.

The draught of a letter to the Lieutenant Governor of Virginia having been prepared pursuant to order, was agreed to, transcribed and signed; as was also a representation to his Majesty, proposing the confirmation of an Act passed in Virginia in October, 1760, entituled, an Act for docking the intail of certain lands whereof Charles Lewis, gentleman, is seized and for settling other lands of greater value to the same uses.

fo. 38.

Wednesday, February 10. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

North Carolina.

The Secretary laid before the Board fifteen Acts passed in the Province of North Carolina in 1761, together with Sir Mathew Lamb's report thereupon; and the said report and Acts were read, which Acts are entitled as follows, viz.
fo. 39.
An Act for granting to his Majesty an aid of Twenty thousand pounds proclamation money for raising, cloathing and paying five hundred effective men, exclusive of officers, to be employed as his Excellency the General or Commander in Chief of his Majesty's Forces in America, or his Excellency the Governor or Commander in Chief of this province shall direct or appoint, and subsisting fifty men and officers now in garrison; and for appointing an agent to represent to his Majesty and his Ministers the loyalty and dutifull behaviour of the inhabitants of this province and their zeal for his Majesty's service, and also to lay before his Majesty and his Ministers proper documents of the charges and expences this province hath been or shall be at in his Majesty's service during the present war, and to sollicit the affairs of this province at the several Boards in England and for other purposes.

fo. 40.

It appearing to their lordships that the tacking the appointment of an agent to an Act, the principal object of which is to provide for a temporary service by a grant of money to the Crown, is irregular and unprecedented, it was ordered, that the draught of a letter to Governor Dobbs should be prepared, signifying to him their lordships' sense of the impropriety of such a practice, and directing him to use his endeavours to procure a separate law to be passed for that purpose.
An Act to impower the inhabitants of several parishes within this province that have no legal vestry within their respective parishes to meet and elect vestries.

This Act appearing to have reference to, and to be additional and explanatory of the Act passed in April, 1760, for establishing vestries, which Act had been referred to the late Bishop of London for his opinion upon it, was ordered, that it should lye by for further consideration at another opportunity.
fo. 41.
An Act to appoint commissioners to further improve and amend the navigation of New River in Onslow County to raise a fund by way of lottery to defray the expence thereof.

Ordered, that in the draught of the letter to Governor Dobbs, to be prepared pursuant to the preceding resolution, notice be taken of the irregularity and impropriety of raising money by lottery.
An Act to amend and improve the navigation from Curretuck Inlet through the district in Curretuck County to Albermarle Sound.

fo. 42.

This Act appeared upon examination in part to repeal and alter an Act passed in this province in 1754, for providing for the defence of the colony by imposing a duty of powder and lead to be paid in kind by all ships and vesells coming into that province, in as much as it does allow of a commutation in money for the said duty, so far as regards the particular Port of Curretuck; and this alteration appearing to their lordships to be improper in itself and inconsistent with instructions given from time to time to the Governors of his Majesty's Colonies and Plantations in America, directing laws to be passed for imposing a duty of powder for the defence of the said colonies, and that no commutation shall be allowed; it was resolved to lay the said Act before his Majesty for his royal disapprobation.
An Act for altering the times of holding the superior court of pleas and grand sessions for the District of New Bern and also the inferior courts of pleas and quarter sessions in the Counties of Orange and Carteret and for other purposes.

fo. 43.

This Act appearing to be additional to and explanatory of the Acts passed in 1760, for establishing superior and inferior courts of pleas, which Acts have been declared void by his Majesty's Order in Council, it was resolved to lay the said Act before his Majesty for his royal disapprobation.
An Act to impower the several superior and inferior courts within the province to admit a copy of the last will and testament of any person deceased to be given in evidence.

This Act appearing to be to the same effect as an Act passed in the Province of South Carolina in April, 1759, for the same purpose, which had been declared void by an Order of his Majesty in Council, it was resolved to lay the said Act before his Majesty for his royal disapprobation.

fo. 44.

Ordered, that the draught of a representation to his Majesty be prepared, pursuant to the three last mentioned resolutions.
An Act for an additional Act to an Act entituled an Act to make provision for paying the Chief Justice and Attorney General's salaries and defraying the contingent charges of government.
An Act to impower the inferior court of pleas and quarter sessions for the County of Northampton to lay a tax to pay sundry persons who have suffered by the burning of Paces Ware House in the said county and other purposes.
fo. 45.
An Act for building a court house in the Town of New Bern for the County of Craven, for raising a tax and for appointing commissioners for building the same, and for repealing an Act passed at Wilmington, the 20th day of November, 1759, entituled an Act for appointing Commissioners for finishing the court house already begun in the Town of New Bern and for other purposes.
An Act to prevent the exacting of illegal and exorbitant fees in levying executions by sheriffs and other officers.
An Act to amend an Act intituled an Act for dividing the Parish of St. John's in Granville County.
An Act for adding part of Orange County to Johnston County, and for ascertaining the dividing line between the said counties.
An Act for enlarging the time for inspection of tobacco at the publick warehouse in the Town of Tarborough in the County of Edgcomb, and for increasing the salaries of the inspectors thereof.
fo. 46.
An Act to appoint commissioners of the roads for a certain district in Bladen County.

The foregoing eight Acts appearing not to be liable to any particular objections, it was ordered that such of them, as are not expired or have not had their full effect and operation, should lye by untill the further effect of them shall have been known.
An Act to dock the intail of certain lands therein mentioned, vesting the fee simple thereof in Blake Baker, and for settling other lands in lieu thereof to the same uses.

This Act appearing to be of a private nature and to have a clause inserted in it suspending its execution untill his Majesty's pleasure should be known, it was ordered to lye by untill the parties concerned in it should apply.

fo. 47.

Thursday, February 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Yorke, Mr. Rice.

Bermuda.

Antigua.

Montserrat.

fo. 48.

The Secretary laid before the Board six Acts passed in the Bermuda Islands in May and June, 1761, also six Acts passed in the Island of Antigua in February and May, 1761, and one Act passed in the Island of Montserrat in May, 1761, together with Sir Mathew Lamb's reports upon the said Acts; and the said reports and Acts having been severally read and considered, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act passed in the Bermuda Islands in February, 1761, for continuing the General Assemblies of those islands in case of the demise of the Crown, and making valid the Acts and proceedings of the Governor and Council and the Courts of Law, should be repealed for the reasons assigned in the Board's representation upon an Act of the same kind lately passed in the Province of New Jersey.

Montserrat.

Antigua.

Some doubts having occurred to their lordships as to the propriety of some parts of the law passed in the Island of Montserrat in May, 1761, for the better government of free negroes and of the law passed in Antigua in May, 1761, for regulating elections of representatives; it was ordered, that they should be taken into further consideration on Tuesday next, the 16th instant, and that the agent for the island[s] of Montserrat and Antigua should have notice to attend.

fo. 49.

No material objection appearing to any other of the Acts, it was ordered that such of them as are not expired or had their full effect, should lye by probationary untill the further effect and operation of them should be known.

Tuesday, February 16. Present:—Lord Sandys, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

New York.

North Carolina.

Bermuda.

fo. 50.

North Carolina.

The draughts of representations to his Majesty, proposing the repeal of one Act passed in the Province of New York in November, 1760, three Acts passed in the Province of North Carolina in April, 1761, and one Act passed in the Bermuda Islands in February, 1761, having been prepared pursuant to the minutes of the 9th, 10th and 11th instant, were approved and ordered to be transcribed, as was also the draught of a letter to Governor Dobbs, ordered to be prepared by the minutes of the 10th instant.

Montserrat.

Antigua.

Montserrat.

fo. 51.

Their lordships then took into further consideration the Act of Montserrat, for the better government of free negroes, and that of Antigua, for regulating the elections of representatives; and Mr. Wilmot, agent for the said islands, attending without pursuant to order, was called in, and their lordships observed to him that the clause in the Act of Montserrat, which gives one single justice of the peace a power of hearing and determining all cases of offences against the provisions of the said Act, appears to them to be liable to objection, in as much as by the preceding clause a penalty of £100 is inflicted upon any minister who shall marry a white person to a negroe, which is a case of too great extent to be determined in so summary a method.

Mr. Wilmot thereupon observed to their lordships, that although from the inaccurate wording of the clauses, they might admit of this construction, yet he apprehended it could not have been the intention of the legislature of Montserrat to have given jurisdiction to the justice of peace in this case, it being declared that the penalty inflicted upon the minister shall be recovered by warrant of the President in the nature of a writ of execution, which implyed that the President and not the justice was to have the sole jurisdiction in this case.

fo. 52.

Antigua.

fo. 53.

Their lordships then stated to Mr. Wilmot that the Act of Antigua appeared to them to be also liable to objection, in as much as it does restrain the Crown in the exercise of its prerogative in a matter, which by the principles of the constitution depends entirely upon it, and that the clause which declares that the Assembly shall have all the power, libertys and privileges, which any former Assembly claimed and enjoyed, is upon the face of it liable to great objection, and may give a sanction to proceedings however irregular and unconstitutional; to which Mr. Wilmot replyed, that as to the principles of the Act he could only observe, that Acts of the same nature had been passed and were in force in other colonies, and therefore he hoped the same privilege might be allowed to Antigua, and as to the particular clause objected to, he apprehended it meant no more than that the Assembly under this new constitution should enjoy the same privileges they had enjoyed before it took place.

Mr. Wilmot being withdrawn, their lordships upon further consideration of these laws agreed that the Act of Montserrat should lye by, and that Mr. Wilmot should be desired to write to his constituents to recommend to them, either to pass a new law not liable to the objection which has occurred to this, or to rectify the impropriety by an additional explanatory law, and that the draught of a representation to his Majesty should be prepared, proposing the repeal of the Act of Antigua.

fo. 54.

Mr. Wilmot being again called in, was acquainted with their lordships' resolution in respect to the Act of Montserrat, and he promised to comply with their lordships' directions therein, and then withdrew.

Wednesday, February 17. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

New York.

North Carolina.

Bermuda.

fo. 55.

North Carolina.

The draughts of representations to his Majesty proposing the repeal of one Act passed in the Province of New York in November, 1760; three Acts passed in the Province of North Carolina in April, 1761, and one Act passed in the Bermuda Islands in February, 1761, having been transcribed pursuant to order, were signed, as was also a letter to the Governor of North Carolina.

Nova Scotia.

The Secretary laid before the Board a memorial prepared by the agent for the affairs of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sum of one thousand, one hundred, eighty five pounds, nineteen shillings and six pence may be issued to him out of the remainder of the grant of Parliament for that service for the year 1761, to enable him to discharge bills drawn upon him by the Lieutenant Governor and other 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 directions upon it.

fo. 56.

Georgia.

The Secretary also laid before the Board seven Acts passed in Georgia in June, 1761, together with Sir Mathew Lamb's report thereupon; and it was ordered, that the said Acts and report, and also the letter and papers received from the Governor of Georgia, mentioned in the minutes of the 10th of November last, should be taken into consideration to-morrow morning.

Thursday, February 18. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Georgia.

fo. 57.

Their lordships took into consideration seven Acts passed in the Province of Georgia in June, 1761, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been severally read and considered, and no objection appearing to any of them, it was ordered, that such of them as are not expired or have not had their full effect should lye by probationary, until the further effect and operation of them should have been known.

fo. 58.

Their lordships at the same time took into consideration those parts of the letter from the Governor of Georgia, mentioned in the minutes of the 10th of November last, which contain his observations upon these laws, and, after some time spent therein, it was ordered, that the draught of a letter to the Governor in answer thereto should be prepared, and that the address of the members of the Council to the said Governor and also the report of the Committee of the said Council as an Upper House of Assembly, mentioned in the said address, which said papers are referred to in the Governor's letters, should be copied to be laid before his Majesty in Council, and that the draught of a representation to his Majesty thereupon should be prepared.

South Carolina.

Read a letter from Thomas Boone, Esquire, Governor of South Carolina, dated December 24th, 1761, notifying his arrival in that province and his having taken upon him the administration of the government.

fo. 59.

Tuesday, February 23rd. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Georgia.

The draught of a letter to the Governor of Georgia in answer to one from him, containing his observations upon seven Acts passed in that province in June, 1761, having been prepared pursuant to order, was approved and ordered to be transcribed; as was also the draught of a representation to his Majesty, with copies of the address of the members of the Council of Georgia and of the report of a Committee of the said Council upon the proceedings of the Lower House of Assembly on the Tax Bill.

fo. 60.

Trade.

Africa.

The Secretary laid before the Board a paper received from the Committee of the Company of Merchants trading to Africa, which was read and is entitled as follows, viz.
Copies of letters from the Committee of the Company of Merchants trading to Africa, to the Governor and Council at Cape Coast Castle, dated the 20th, 26th and 30th of January, 1762.

Thursday, February 25. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice, Mr. Roberts.

Georgia.

fo. 61.

The draught of a letter to the Governor of Georgia in answer to one from him, containing his observations upon seven Acts passed in that Province in June, 1761, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty with copies of the address of the members of the Council of Georgia and of the report of a Committee of the said Council upon the proceedings of the Lower House of Assembly upon the Tax Bill.

Antigua.

The draught of a representation to his Majesty, proposing the repeal of an Act passed in the Island of Antigua, for regulating elections of representatives and limiting assemblies, having been prepared pursuant to order, on the minutes of the 16th instant, was approved and ordered to be transcribed.

Virginia.

fo. 62.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, dated December 28th, 1761, acquainting the Board with the death of Mr. Grymes, joint Receiver General of his Majesty's Revenue in that colony and a member of the Council, and containing the names of three persons proper to supply the vacancy in the said council.

New York.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated the 11th of January, 1762, acquainting the Board that the Assembly of that province had refused to make any provision for the support of Benjamin Pratt, Esquire, whom his Majesty had appointed to be Chief Justice of that province, unless his Commission was during good behaviour, contrary to the express direction of his Majesty's warrant; and inclosing,
Extract from the votes and proceedings of the General Assembly of the Colony of New York 16th and 18th December, 1761.

fo. 63.

New York.

Virginia.

Resolved, that the consideration of the abovementioned two letters from the Lieutenant Governors of Virginia and New York, be postponed.