Journal, April 1766: Volume 73

Journal, April 1766

Tuesday, April 8th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts.

Nova Scotia.

Read a memorial of Mrs. Doble of Halifax in Nova Scotia, complaining in behalf of herself and husband, that they had been obstructed in the obtaining a grant of two lots of land in that colony, which they had cleared and improved upon the faith of a proclamation of the Governor, declaring that whoever should clear the said lots should be entitled to a grant thereof.

fo. 100.

Mrs. Doble, the memorialist, attending, was called in, and examined as to the truth of the allegations of the memorial, after which it was ordered, that the draught of a letter to the Governor of Nova Scotia should be prepared, directing him to report a state of the facts relative to this case, and recommending it to him to take care that justice be done to the memorialist in the case to which the complaint refers.

Thursday, April 10th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson.

Nova Scotia.

fo. 101.

The draught of a letter to the Governor of Nova Scotia, upon the subject matter of Mrs. Doble's complaint, having been prepared pursuant to order, was approved, and it was ordered that it should be transcribed.

East Florida.

Read a memorial of William Knox, esquire, agent for the receipt and application of the money granted for the service of East Florida, stating bills drawn upon him by the Governor for the expence of the Congress with the Indians at Picolata, amounting to three hundred and eighty pounds, sixteen shillings and eight pence half penny, and praying the Board's directions for payment thereof; whereupon a letter from the Governor to the Board, containing advice of the bills, and inclosing an account of the particulars of the said expence was read, and, in consequence thereof, their lordships approved of the bills being paid, comformable to the agent's request.

fo. 102.

It appearing from the before mentioned letter from the Governor, that a further supply of goods from Great Britain, for presents to the Indians, was wanting, it was ordered, that the agent should be directed to purchase the said goods, according to a list and estimate transmitted by the Governor, and consign them to him in the manner expressed in the said letter.

Nova Scotia.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that Joseph Gorham, esquire, may be appointed of the Council of Nova Scotia in the room of Alexander Grant, esquire, who appears by a letter from the Governor to have resigned.

Plantations General.

fo. 103.

Their lordships took into further consideration the Address of the House of Commons to his Majesty, for a report from this Board of the state of the trade and manufactures set up and carried on in the American colonies, and it was ordered, that the Deputy Secretary should look out, to be laid before the Board, all such letters and papers now in this office, as give any account of any manufactures set up and carried on in any of the said colonies, since the last return of that nature made to Parliament in the year 1732.

Trade, Lisbon.

fo. 104.

Read a letter from Mr. Secretary Conway, signifying his Majesty's commands, that this Board should consider the extract of a letter from his Majesty's Minister at the Court of Lisbon, and also a memorial of the British Deputy Consul and factory there, stating a new grievance imposed upon them, and should report their opinion, as to any remonstrance it may be necessary to make to the Court of Portugal upon this particular complaint, until the Board should be prepared to report upon the general state of the grievances the British commerce to Portugal now labours under.

Ordered, that this matter be taken into consideration tomorrow morning, and that the Secretary do look out, and lay before the Board, the treaties at present subsisting with the Crown of Portugal.

Plantations General.

Ordered, that copies be made of such letters and papers, or extracts of such parts of letters and papers received from America since the Board's last meeting, as relate to the disturbances there, on account of the opposition to the execution of the Stamp Act, passed in the last session of Parliament.

fo. 105.

Friday, April 11th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

Trade, Portugal.

Their lordships took into further consideration the letter from Mr. Secretary Conway, mentioned in yesterday's minutes, relative to a fresh complaint of the British factory in Portugal; and it appearing by Mr. Hay's letter to the Secretary of State, that a memorial had been presented by him to the Count D'Oyeras upon this subject, their lordships were of opinion, that it was not necessary to make any further remonstrance on this affair, untill the result of that negociation shall be known; whereupon a letter to Mr. Secretary Conway, containing a report of that opinion, was agreed to, transcribed and signed.

fo. 106.

Their lordships then took into further consideration the several papers relative to the state of the British commerce in Portugal in general, referred by a letter from the Earl of Halifax in July last, and made some progress therein.

Nova Scotia.

The draught of a letter to the Governor of Nova Scotia upon the subject of Mrs. Doble's complaint, having been transcribed pursuant to order, was signed.

fo. 107.

Monday, April 14th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson.

Nova Scotia.

Quebec, Georgia.

The draught of a representation to his Majesty proposing that Joseph Gorham, esquire, may be appointed of the Council of Nova Scotia, having been prepared pursuant to order, was approved, transcribed and signed; as were also representations to his Majesty, recommending Thomas Dunn, esquire, to be of the Council of Quebec, and John Wereat, esquire, to be of the Council of Georgia.

Plantations General.

fo. 108.

Their lordships took into consideration the several applications for grants of land in America, as well those referred from the Council, as those preferred by memorial or petition to their lordships, and the several petitions and memorials having been read, it was ordered, that the draught of a report to the Lords of the Committee of Council thereupon should be prepared.

Newfoundland.

fo. 109.

Messrs. Brymer and Grey, two of the subscribers to the memorial presented to this Board on the 27th of March last, relative to the fishing posts on the coast of Labrador, and the regulations made by Governor Pallisser for the fishing on that coast, attended, with another person, subscriber to the said memorial, and acquainted the Board that, upon consultation with the rest of the subscribers, it was agreed to request their lordships, that they might be heard before the Board by their counsel, on the subject matter of the said memorial; whereupon their lordships appointed Friday, the 18th instant, for hearing what they had to offer, and the Secretary was ordered to transmit a copy of the memorial to Captain Pallisser, and to acquaint him that the Board will be ready on that day to hear what he may have to offer, either by himself or counsel, on those parts of the memorial which relate to his conduct and regulations.

Trade, Portugal.

Their lordships then took into further consideration the state of the British commerce in Portugal, and the treaties with Portugal in 1642 and 1654, were read.

Tuesday, April 15th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Trade, Portugal.

fo. 110.

Their lordships made a further progress in the consideration of the state of the British commerce in Portugal, and several papers relative to negociations and proceedings in the years 1663 and 1676 upon the subject matter of the treaties of 1642, 1654 and 1661, and the violation thereof on the part of Portugal, were read.

Wednesday, April 16th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Lord Palmerston.

Trade, Hamburgh.

fo. 111.

Read a letter to the Secretary from William Fraser, esquire, Secretary to his Grace the Duke of Grafton, dated March 28th, 1766, inclosing, by his Grace's direction, the following papers for the consideration of this Board, vizt.,
Extract of a letter from Mr. Woodford to the Duke of Grafton, dated Hamburgh, February 13th, 1766, relating to an illicit trade between that place and the American colonies, and to the pilotage of the River Elbe.
Copy of a letter from the Senate of Hamburgh to the Governor of Ritzebuttel, dated February 8th, 1766, relative to the pilotage of the River Elbe.

fo. 112.

It appearing to their lordships, upon a consideration of Mr. Woodford's letter, that the illicit trade complained of could not have taken place, but for the failure of duty, or neglect of the officers appointed for the due execution of the laws relative to the revenue and customs, and that it was proposed by the British factory at Hamburgh, that the notice to be given to masters of ships, of the regulations made in respect to the pilotage of the Elbe, should be by the Collectors of the Customs in the several British ports; it was ordered, that the Secretary should transmit copies of the said extract of Mr. Woodford's letter and of the paper therein referred to, to the Secretary to the Lords Commissioners of the Treasury, for their directions thereupon.

Virginia.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated March 22nd, 1766, referring to the Board a memorial of the Lords of the Admiralty, relative to an Act passed in Virginia in 1765, to prevent frauds in the drawback of the duties on liquors imported into that colony.

fo. 113.

Their lordships having taken the memorial of the Lords of the Admiralty into consideration, together with the Act passed in Virginia in 1765, therein complained of, it was ordered, that the draught of a report to the Lords of the Committee of Council should be prepared, proposing that the said Act may be repealed, and that it should be a standing instruction to the Governor of Virginia for the time being, not to assent to any law laying duties upon rum or any other liquors, victuals or provisions, without a clause being inserted therein, declaring that rum or any other liquor, victuals or provisions, supplyed for the use of his Majesty's ships, should not be liable to such duty.

Jamaica.

Read a letter from Mr. Secretary Conway to the Board, dated March 28th, 1766, transmitting, for their lordships' consideration and report,
fo. 114.
Copy of a letter from Governor Lyttelton to Mr. Secretary Conway, dated January 15th 1766, relative to the want of some form of government among the logwood cutters in the Bay of Honduras.
Copy of Mr. Joseph Maud's letter to Governor Lyttelton, dated Honduras, October 7th, 1765.

Their lordships took the said letter into consideration, and it was ordered, that the Secretary should write to his Majesty's Advocate General for his opinion, whether his Majesty may, consistent with the letter and spirit of the 17th Article of the Treaty of Paris, establish any form of government or civil jurisdiction amongst the British subjects, residing in the Bay of Honduras, under the stipulations of that treaty.

fo. 115.

Plantations General.

Read a letter from Sir William Johnson, baronet, Superintendant of Indian Affairs for the Northern District of America, dated . . . . . . . . . . . . 1765, containing an account of possession being taken of the Illinois Country, and urging the expediency of carrying into execution the plan formed by this Board for the regulation of Indian affairs.

It was agreed to take the said letter into consideration on this day sennight.

Massachusetts.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated March 22nd, 1766, referring to the Board, for their examination and report, three Acts passed in the Massachusets Bay in October and November, 1765.

fo. 116.

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

Thursday, April 17th. Present:—Earl of Dartmouth, Mr. Rice, Mr. Roberts, Mr. Dyson.

Plantations General.

fo. 117.

Their lordships took into further consideration the applications for grants of lands in his Majesty's colonies in America, and the draught of a report to the Lords of the Committee of Council, upon such as relate to the new colonies of East Florida and Quebec, was agreed to and ordered to be transcribed, and it was agreed to take those, which relate to the colonies of New York, and Nova Scotia, into further consideration at another opportunity.

Friday, April 18th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Newfoundland.

fo. 118.

Their lordships, pursuant to the minutes of the 14th instant, took into further consideration the memorial of the proprietors and occupiers of several fishing posts upon the coast of Labrador, complaining of the conduct and regulations of Governor Pallisser in respect to the fishing on that coast; and several of the memorialists attending, with Mr. Walker, their counsel, they were called in: when Mr. Walker (Governor Pallisser being also present) opened the nature of the titles, under which the several fishing posts on the Coast of Labrador are held, the expence which the proprietors have been at in establishing a fishery at these posts, and the annual amount, in value, of the said fishery, deducing arguments from thence to shew the illegality and injustice of Governor Pallisser's regulations, as well in respect to the proprietors of the said posts, as to his Majesty's American subjects in general, and also the bad policy in respect to the national advantages which may be derived from the fishery on that coast.

fo. 119.

Mr. Walker having gone throught his opening of this matter, it was agreed to proceed on Monday to hear what evidence the complainants had to produce to verify the facts set forth.

Monday, April 21st. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Fitzherbert.

Newfoundland.

fo. 120.

Their lordships, pursuant to the minutes of Friday, proceeded to hear what Mr. Walker had to offer in evidence to support the allegations of the memorial of the proprietors and occupiers of the fishing posts on the coast of Labrador; after which Governor Pallisser was heard in support of the regulations made by him for the fishery on that coast, and Mr. Walker having replyed to what had been offerred by Governor Pallisser, the parties withdrew, and it was agreed to consider further of this business the first opportunity.

Wednesday, April 23rd. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Dyson, Lord Palmerston.

Plantations General.

Virginia.

fo. 121.

The draught of a report to the Lords of the Committee of Council upon several applications for grants of land in East Florida and Quebec, having been transcribed pursuant to order, was signed; as was also a report to their lordships upon the memorial of the Lords Commissioners of the Admiralty, complaining of the prejudice to that branch of his Majesty's service under their direction, from an Act passed in Virginia in 1765, by which the drawback of the duty on rum, supplyed for the use of his Majesty's ships of war, is taken off.

Plantations General.

It was agreed to take the letter from Sir William Johnson, mentioned in the minutes of Wednesday last, into consideration at another opportunity.

Thursday, April 24th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Newfoundland.

fo. 122.

Their lordships took into further consideration the memorial of the proprietors and occupiers of several fishing posts upon the coast of Labrador, together with what had been offered, as well by Mr. Walker, in support of the memorial, as by the Governor, in support of the regulations complained of, and the following letters from the Governor to the Secretary upon this subject were read, vizt.,
Letter from Governor Pallisser to Mr. Pownall, dated March 31st, 1766, giving his reasons for the regulations made by him on the Labrador coast respecting the fishery.
Letter from Governor Pallisser to Mr. Pownall, dated April 3rd, 1766, containing his observations upon the memorial presented to this Board by the proprietors and occupiers of several exclusive fishing posts on the Labrador coast.
fo. 123.
Letter from Governor Pallisser to Mr. Pownall, dated April 22nd, 1766, reciting a paragraph of his letter to the Secretary of State on the 21st of December last, in answer to the claims of several fishing posts on the coast of Labrador; intimating that the grants of those posts were not obtained gratis, and justifying his proceedings in respect thereto.

Their lordships, after mature deliberation, ordered the draught of a representation to his Majesty upon the above-mentioned memorial to be prepared.

fo. 124.

Friday, April 25th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Nova Scotia.

Read a memorial of Colonel Alexander McNutt, complaining of the conduct of the officers of the Crown in Nova Scotia, in obstructing him in the settlements proposed by him to be made in that province, under the encouragement given him by this Board, and containing fresh proposals for carrying on further settlements there.

Upon this occasion two letters from the Governor of Nova Scotia, relative to the plan of Mr. McNutt and others for making settlements in that province, were read, vizt.,
fo. 125.
Letter from Montagu Wilmot, esquire, Governor of Nova Scotia, to the Board, dated April 30th, 1765, relative to the proposals from several persons for making settlements in that province.
Copy of a grant of lands proposed by Mr. McNutt.
Abstract of Mr. McNutt's application for lands, May 1st, 1765.
Regulations for Indian traders, etc.
Letter from Montagu Wilmot, esquire, Governor of Nova Scotia, to the Board, dated October 9th, 1765, relative to Acts; proposed settlements; connection of Indians with French priests; and Mr. Breynton's services.
The Reverend Mr. Breynton's memorial.
Estimate of the expence of supporting and maintaining the civil establishment of Nova Scotia for the year 1766.
fo. 126.
Proceedings of the Council in general Assembly from the 12th of October to the 3rd of November, 1764.
Ditto: from the 28th of May to the 17th of June, 1765.
Twelve Acts passed the 17th of June, 1765.

Mr. McNutt attending without was then called in, and examined as to the nature of the obstructions he complains to have met with from the officers of the Crown in Nova Scotia.

Tuesday, April 29th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

Newfoundland.

fo. 127.

The draught of a representation to his Majesty upon the memorial of the proprietors and occupiers of several fishing posts on the coast of Labrador, having been prepared pursuant to order, was read and considered.

Read a letter from the Governor of Newfoundland to the Secretary, dated the 22nd instant, inclosing a paper entitled,
Propositions for the regulation of the fishery upon the Labrador coast.

Ordered, that the abovementioned representation and papers be taken into further consideration on Thursday next.

Nova Scotia.

fo. 128.

Their lordships then took into further consideration Mr. McNutt's memorial and the other papers relative thereto, mentioned in the minutes of Friday, together with another paper delivered by him since that day intitled.
Heads of proposals offered by Colonel Alexander McNutt for introducing settlers into Nova Scotia.

Upon consideration of that part of Mr. McNutt's case, which relates to the obstructions he alleges to have met with in the execution of the instruction from his Majesty in April, 1763, it was agreed that the Governor should be directed to transmit as soon as possible a full and particular account of all his proceedings in the execution of the said instruction.