Journal, May 1766: Volume 73

Journal, May 1766

fo. 129.

Thursday, May 1st. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Newfoundland.

Read a memorial of Fowler Walker, esquire, stiling himself agent on behalf of the merchants etc. of Quebec, to the Board, dated April 30th, 1766, alleging the mischiefs that will arise by establishing Governor Pallisser's orders for regulating the fishery upon the coast of Labrador, and praying to be heard in support of his allegations; and that whatever plan of regulations may be adopted, attention may be paid to the private rights of individuals and the general welfare of the Province of Quebec.

fo. 130.

Ordered, that the said memorial be taken into further consideration tomorrow morning, and that notice be given to Mr. Walker to attend.

Nova Scotia.

Their lordships then took into consideration that part of Mr. McNutt's memorial and paper which relates to his proposals for the future introduction of settlers into Nova Scotia, and Mr. McNutt attending, their lordships had further discourse with him on this subject.

Friday, May 2nd. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Newfoundland.

fo. 131.

Their lordships took into consideration Mr. Walker's memorial, mentioned in the preceeding day's minutes, and Mr. Walker attending, was called in, and some questions having been asked him concerning the nature of the authority, under which he claims to appear as agent for the inhabitants of Quebec at large, he was ordered to withdraw, and it was agreed to take the said memorial into further consideration on Tuesday next, and Mr. Walker was desired to deliver in, before that day, the act or instrument of his appointment to be agent for the inhabitants of Quebec.

Nova Scotia.

Mr. McNutt attending, their lordships made a further progress in the consideration of his proposals for the introduction of settlers into Nova Scotia.

Newfoundland.

Read a letter from Governor Pallisser to the Secretary, dated May 2nd, 1766, inclosing two papers, vizt., copy of his letter to Messrs. Bayne and Breymer, respecting their claim to a fishing post, and expence of the outset of two ships gone this year to Newfoundland.

fo. 132.

Tuesday, May 6th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Dyson, Lord Palmerston.

Newfoundland.

fo. 133.

Their lordships, pursuant to the minutes of the 2nd instant, took into further consideration Mr. Walker's memorial, presented to the Board the preceding day, and their lordships being informed that Mr. Walker attended without, he was called in, and having been further questioned, as to the nature of the authority under which he presented the said memorial, he laid before the Board a letter to him, dated in London, and subscribed by two persons, merchants and settlers in the Province of Quebec, which letter set forth that, in consequence of authority given to them by the merchants, traders and inhabitants of Quebec to appoint an agent for that province, they did thereby appoint Mr. Walker to be agent for the said province; Mr. Walker however observed to their lordships, that he was well aware that this letter did not convey a regular authority to him to act as agent for the province, and that he claimed to appear upon this occasion only as agent for the merchants, traders and inhabitants.

Mr. Walker being asked, if he had any particular authority or directions from the merchants, traders and inhabitants of Quebec to make any application to this Board upon the subject matter, to which his memorial refers, he declared he had not; but that he presented the same at the request and by the direction of sundry merchants, settlers in Quebec, at this time in London.

fo. 134.

Mr. Walker was then ordered to withdraw, and their lordships, upon consideration of what had been offered by Mr. Walker, were of opinion,
First.— That the appointment of Mr. Walker to be agent for the Province of Quebec by a letter from two persons residing in London, upon pretence that they had authority from the merchants, traders and inhabitants there to make such appointment, is irregular and unprecedented, and that this Board cannot admit Mr. Walker to appear before them in that character under such appointment.
fo. 135.
Secondly.— That it was not consistent with propriety or the rules of their lordships' proceedings, to admit Mr. Walker to be heard upon the subject matter of his memorial, as agent for the merchants, traders and inhabitants of Quebec, he having declared that he had no particular authority or instruction from them to make any application upon the subject matter, to which the said memorial relates.

fo. 136.

Notice having been taken that some expressions had been used by Mr. Walker, in the course of what had passed on this occasion, that appeared to imply an imputation of some prejudice and partiality in the Board, in their proceedings upon the com plaints made of the regulations established by Governor Pallisser for the fishery upon the Labrador coast; and Mr. Walker being called upon to explain those expressions, he declared, that it was the farthest from his intention to make such imputation, that he was greatly concerned, that any expression should fall from him, that might in the least degree bear such a construction, and that he had the greatest respect for their lordships, and an entire confidence in their justice and candour.

Thursday, May 8th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Dyson, Mr. Fitzherbert.

Newfoundland.

fo. 137.

Their lordships made a further progress in the consideration of the draught of a representation to his Majesty upon the memorial of several persons, claiming to be proprietors and occupiers of fishing posts upon the coast of Labrador, and complaining of the regulations made by the Governor of Newfoundland for the fishery upon that coast.

West Florida.

fo. 138.

The Secretary laid before the Board several letters and packets addressed to him from the Governor of West Florida, and also a packet from the said Governor addressed to Mr. Secretary Conway, which letters and packets he informed the Board were delivered to him by Mr. McPherson, Secretary to the Province of West Florida, open and unsealed; whereupon Mr. McPherson, who attended without, was called in, and being asked through what channel, or by what means, the said letters and packets came into his hands, he said, that they were inclosed under a cover, addressed to him from the Governor of that province, and that they were open and unsealed as he had delivered them to the Secretary; being asked if any person had seen or perused these letters and packets, since they came into his hands, he said, no person whatever had seen or perused them.

Ordered, that Mr. Pownall do transmit to Mr. Conway's Secretary the packet addressed to him, with an extract of so much of Governor Johnstone's letter to Mr. Pownall, as shews the reason of its being open and unsealed.

fo. 139.

Jamaica.

Read a letter received this day from the Governor of Jamaica, dated the 26th of March, 1766, acquainting the Board that, upon the receipt of their letter, inclosing the copy of an Order of his Majesty in Council on the 29th of November last and signifying his Majesty's commands therein, he had held a Council and proposed the calling an Assembly, which had been unanimously agreed to, and that an Assembly was summoned to meet the 13th of this month.

A representation to his Majesty, communicating to his Majesty this intelligence, was agreed to and signed.

Plantations General.

fo. 140.

The Secretary laid before the Board a plan (on actual survey) of the Island of St. John's received from Captain Holland, Surveyor General of the Northern District of North America, together with the following papers explanatory thereof, vizt.,
Letter from Samuel Holland, esquire, Surveyor General of the Northern District of America, to the Secretary, dated October the 6th, 1765, relative to the progress he has made in the service entrusted to him; and transmitting,
A description of the Islands of Magdalen and St. John's.
Captain Holland's account of the Island of St. John's.
Explanation referring to the townships, as marked in the plan.
fo. 141.
Letter from Samuel Holland, esquire, to the Secretary, dated October 7th, 1765, relative to the survey of the Islands of St. John and Magdalen.
Expence of the house building at Observation Cove, Island of St. John's.
Letter from Samuel Holland, esquire, Surveyor General of the Northern District of America, to the Secretary, dated 24th of November, 1765, relative to the progress he has made in his survey of Cape Breton.

fo. 142.

Their lordships, upon consideration of what had been ordered and determined by his Majesty, in respect to the settlement of the Island of St. John, agreed that it would be expedient to lay the abovementioned plan and such of the papers as relate thereto, before his Majesty, and a representation to his Majesty thereupon was accordingly prepared, approved and signed.

Senegambia.

The Earl of Dartmouth communicated to the Board a letter to him from Mr. Debat, late Chief of James Fort in the River Gambia, stating the prejudice and obstruction which arise to the British commerce in those parts from the establishment which the French have at Albreda in that river, and inclosing an indent of artificers' stores and materials wanting for the service of James Fort.

fo. 143.

Ordered, that a copy be made of Mr. Debat's letter, to be communicated to his Majesty's Secretary of State, and a copy having been accordingly made, a letter to Mr. Secretary Conway inclosing it, with some observations thereon, was agreed to and signed.

Ordered, that the Secretary do transmit a copy of the indent of artificers' stores and materials, wanting for the service of James Fort, to the Secretary to the Lords Commissioners of the Treasury, for their lordships' directions thereupon.

Friday, May 9th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Rice, Mr. Dyson, Lord Palmerston.

Trade, Africa.

fo. 144.

The following letters and papers received from the Committee of the Company of Merchants trading to Africa were read and considered, vizt.,
Copy of a letter from William Mutter, esquire, Governor of Cape Coast Castle, to the African Committee, dated October 25th, 1765.
Account of brandy sent to Whydah.
Letter from Captain George McKie to Mr. William Mutter.
Copies of letter between Messrs. Brew and Webster, Mr. Mutter and Mr. Huydecoper, from the 16th of August to October 1st, 1765.
Copy of a letter from Mr. William Goodson, Chief of Whydah, to the African Committee, dated November 6th, 1765.
Copy of a letter from William Mutter, esquire, Governor of Cape Coast Castle, to Mr. Thomas Trinder, on his going to build a block house at Cape Appolonia, dated November 22nd, 1765.
fo. 145.
Copy of a letter from William Mutter, esquire, to the African Committee, dated the 14th of December, 1765.

Ordered, that an extract be made of so much of Mr. Mutter's letter of the 14th of December last, as relates to the measures taken by the Dutch Governor of Elmina to stir up the natives against the Caboceer of Appolonia, to be laid before his Majesty; and the said extract having been accordingly made, a letter to Mr. Secretary Conway, inclosing it, was signed.

Barbados.

Read a letter from Charles Pinfold, esquire, Governor of Barbados, to the Board, dated February 21st, 1766, relating to the obedience paid by the inhabitants of that island to the Stamp Act; informing their lordships of the death of Mr. John Frere, one of the Council, and recommending gentlemen to supply vacancies in the said Council.

fo. 146.

Ordered, that an extract be made of so much of Mr. Pinfold's letter, as relates to the dutifull conduct of the inhabitants of Barbados, in respect to the Stamp Act, to be laid before his Majesty; and the said extract having been accordingly made, a letter to Mr. Secretary Conway inclosing it was signed.

Newfoundland.

The draught of a representation to his Majesty, upon the memorial of the persons claiming to be proprietors and occupiers of certain fishing posts on the Labrador coast, having been agreed to, it was ordered that it should be transcribed.

Nova Scotia.

fo. 147.

Their lordships took into further consideration the proposals of Mr. McNutt for the introduction of settlers into the Province of Nova Scotia, together with Governor Wilmot's letter on that subject, and after some time spent therein, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Monday, May 12th. Present:—Earl of Dartmouth, Mr. Jenyns, Lord Palmerston.

Nova Scotia.

The draught of a representation to his Majesty, upon the proposals of Mr. McNutt and others for introducing settlers into Nova Scotia, having been prepared pursuant to order, was read and considered, and ordered to be transcribed.

fo. 148.

New York.

Read a letter from Sir Henry Moore, baronet, Governor of New York, dated March 28th, 1766, relative to the present state of the paper credit in that province, and the want of a medium of trade for circulation.
Extract of a paper delivered to Sir Henry Moore, relative to the paper currency.

Ordered, that Sir Henry Moore's letter be taken into further consideration tomorrow morning, and that Mr. Charles, agent for New York, be desired to attend.

fo. 149.

Monday, May 13th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Lord Palmerston.

Newfoundland.

The draught of a representation to his Majesty upon the memorial of the proprietors and occupiers of several fishing posts upon the coast of Labrador, complaining of the regulations made by Governor Pallisser, in respect to the fishery on that coast, having been transcribed pursuant to order, was signed.

fo. 150.

Tuesday, May 14th. Present:Earl of Dartmouth, Mr. Jenyns, Mr. Dyson, Lord Palmerston.

New York.

Their lordships took into further consideration the letter from Sir Henry Moore, baronet, mentioned in the minutes of yesterday, and Mr. Charles, agent for New York, attending as desired, their lordships had some discourse with him on the subject matter of the state of the paper currency in that province; after which it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the instruction given to Sir Henry Moore, containing restrictions and regulations in respect to the future issue of any paper bills of credit, should be revoked.

fo. 151.

Quebec.

Their lordships took into consideration the state of affairs in the Province of Quebec, and the following letters and papers were read and considered, vizt.,
Letter from James Murray, esquire, Governor of Quebec, to the Board, dated October 5th, 1765, transmitting,
Copy of Governor Murray's letter to the Lords of the Treasury, dated October 5th, 1765, relative to his draughts for expences incurred.
Copy of the proceedings of the Council of Quebec, relative to the quartering the troops in the districts of Montreal and Three Rivers.
Estimate of the expence of quartering two Battalions of Foot and one Company of Artillery for thirty weeks.
fo. 152.
Letter from Governor Murray to the Board, dated October 23rd, 1765, inclosing twenty four papers relative to impress warrants, and desiring their lordships' directions thereon.
Letter from Governor Murray, dated November 19th, 1765, recommending two inclosed petitions.
Petition of Captain Nairn and Lieutenant Malcolm Fraser to Governor Murray, November 9th, 1764.
Petition of M. Henri Mounier, a French Protestant residing at Quebec, to the Board.
Letter from Governor Murray, dated November 25th, 1765, relative to a dispute with Mr. Ellis, concerning the right of appointing a Surrogate and Register of the Prerogative Court, and transmitting three papers on that subject.
Letter from Governor Murray, dated December 22nd, 1765, transmitting,
Copy of his letter to the Lords of the Treasury, December 22nd, 1765.
fo. 153.
Abstract from the Council books of money ordered to be paid by the Receiver General from October 5th to December 18th, 1765.
Letter from Governor Murray, dated December 23rd, 1765, congratulating the Board on their appointment, and recommending Mr. Cramahe.
Letter from Governor Murray, dated February 14th, 1766, transmitting,
Copy of his letter to the Lords of the Treasury, February 14th, 1766.
Letter from James Goldfrap, esquire, Deputy Secretary of Quebec, to the Board, dated December 13th, 1765, transmitting,
An ordinance for regulating and establishing the admeasurement of firewood, exposed to sale in Quebec.
fo. 154.
An ordinance for the better providing firewood for the use of the Forces in garrison in the Province of Quebec, and for declaring all power of any officer of the Militia, established before the conquest of Quebec, was abolished.
Letter from James Goldfrap, esquire, to the Board, dated January 6th, 1766, inclosing,
Copies of Commissions granted by Governor Murray from June 21st to December 10th, 1765.
Patents for land granted since November 6th, 1764.
Letter from Governor Murray dated February 3rd, 1766, relative to a fire at Montreal, and inclosing fifteen papers concerning quarters for the troops; also complaining of Mr. Walker.

Ordered, that the draught of a letter to Mr. Secretary Conway upon the present state of the Province of Quebec be prepared.

fo. 155.

Thursday, May 15th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Lord Palmerston.

New York.

Quebec.

The draught of a representation to his Majesty, on the subject matter of the state of the paper currency in the Province of New York, having been prepared pursuant to order, was approved and ordered to be transcribed; as was also the draught of a letter to Mr. Secretary Conway upon the present state of affairs in the Province of Quebec.

Nova Scotia.

The draught of a representation to his Majesty upon the proposals of Mr. McNutt and others, for introducing settlers into Nova Scotia. having been transcribed pursuant to order, was signed.

fo. 156.

Their lordships then took into consideration the present state of affairs in the Province of Nova Scotia, and the following letters and papers were read, vizt.,
Letter from Montagu Wilmot, esquire, Governor of Nova Scotia, to the Board, dated June 24th. 1764, in answer to their lordships, relative to the application of the grant of Parliament, passing patents for lands. and management of Indian affairs; writs of error; fishery at Canso, and recommending Mr. Moreau to the Board's favour.
Report relating to the expence of supporting the orphan house at Halifax, June 22nd, 1764.
Particulars of the estimate for the support of the civil establishment at Nova Scotia for 1765.
fo. 157.
Estimate of stationery required for the publick offices at Halifax, etc., for one year.
Abstract of expence incurred for presents of cloathing and provisions given to the Indians from 24th September, 1763 to 24th June. 1764.
List of laws passed in General Assembly at their two sessions between October 19th. 1763 and 9th April. 1764.
Abstracts relating to the Treasury at Nova Scotia.
Distribution of fuel money.
Letter from the Treasurer to the Governor of Nova Scotia.
Description of the Island of St. John's.
Letter from Mr. Moreau, one of the missionaries at Lunenburg, to the Secretary, dated June 20th. 1764, praying for an augmentation of his appointment.
Abstract of the state of the provincial funds at Nova Scotia.
fo. 158.
Vouchers for the year 1763.
Ditto: for ditto.
Minutes of Council in Assembly from the 22nd of March to April 9th. 1764.
Ditto: of Assembly from 22nd March to 9th April. 1764.
Ditto: of Council from 26th of September to 31st of December, 1763.
Vouchers for money paid from the Treasury at Halifax in 1760, not included in the book of vouchers for that year.
Ditto: from the 1st of October to 31st of December, 1763.
Ditto: from the 1st of July to the 30th of September, 1763.
Twenty two Acts passed in October and November 1763, and March and April 1764.
fo. 159.
Letter from Governor Wilmot to the Board, dated September 17th. 1764, in answer to their lordships' letters of the 8th and 11th of May last, relative to the Indians on Cape Breton: Acts of Parliament respecting the colonies: and fees of officers.
Estimate for the year 1765.
Letter from Governor Wilmot, dated February 13th, 1766, relative to his drawing bills for the payment of the civil establishment; and recommending William Spry, esquire, to be of the Council in the room of Mr. Grant, who has resigned.
Memorial of the Reverend Mr. Bennett, praying the Board to give directions for the payment of two years salary due to him in December 1765, and for the future payment of it, recommended by the Governor for their lordships' consideration.

fo. 160.

Upon consideration of the foregoing letters and papers from the Governor of Nova Scotia, and of those mentioned in the minutes of the 25th of April last, it was ordered, that the draught of a letter to the Governor thereupon should be prepared.

Read a letter from Charles Lowndes, esquire, Secretary to the Lords of the Treasury, to the Secretary, dated April 18th, 1766, signifying that the Chancellor of the Exchequer had received the King's pleasure, that this Board should lay before the House of Commons, in the next session, an account of the money expended by Mr. Gerrish for the service of Nova Scotia.

fo. 161.

Friday, May 16th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

New York.

Quebec.

Nova Scotia.

The draught of a representation to his Majesty, upon the state of the paper currency in New York, having been transcribed pursuant to order, was signed; as were also a letter to Mr. Secretary Conway upon the state of affairs in Quebec, and a letter to the Governor of Nova Scotia, in answer to several letters received from him.

Plantations General.

fo. 162.

Ordered, that the Secretary do transmit to Captain Holland, Surveyor of Lands for the Northern District, a copy of the estimate of what will be necessary for that service for the year 1766, and express to him their lordships' approbation of the attention paid to the directions of their Board, in respect to the survey of the Island of St. John's.

Nova Scotia.

Their lordships then took into consideration twenty eight Acts passed in the Province of Nova Scotia in the years 1763 and 1764; and it appearing that two of the said Acts had clauses suspending their execution untill his Majesty's pleasure was known, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that they may be confirmed.

Ordered, that such of the said Acts, which have not expired by their own limitation, do lye by probationary, untill their further effect and operation be known.

fo. 163.

Thursday, May 29th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Dyson, Lord Palmerston.

Massachusetts.

Read a letter from Francis Bernard, esquire, Governor of Massachusets Bay, to the Board, dated March 10th, 1766, (with a postcript of the 12th) relative to the proceedings of the Assembly. and the conduct of the judges of the superior court.
Journal of the House of Representatives from 15th January to 21st of February, 1766.

The Secretary also communicated to the Board a printed Boston Gazette of the 31st of March, transmitted to him in a private letter from Governor Bernard.

fo. 164.

Nova Scotia.

The draught of a representation to his Majesty upon two Acts passed in the Province of Nova Scotia in 1763 and 1764, having been prepared pursuant to order, was agreed to, transcribed and signed.

Friday, May 30th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Lord Palmerston.

Quebec.

fo. 165.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated May 13th, 1766, transmitting copy of a report of his Majesty's Attorney and Sollicitor General upon several papers relative to the civil government of Quebec; and directing this Board to prepare an additional instruction to the Governor, conformable to the said report, and to cause copies of so much of their report of September 2nd, 1765, as relates to the administration of justice proposed to be established there, to be delivered to the Governor etc., together with copies of the said report of the Attorney and Sollicitor General, that they may make use of the hints and regulations therein contained.

Their lordships, upon consideration of the said order, and upon a revision of the Commission and instructions to the Governor of Quebec, ordered the draught of an additional instruction thereupon to the said Governor to be prepared.

fo. 166.

Mr. Hay, lately appointed Chief Justice, and Mr. Mazares, lately appointed Attorney General of Quebec. attending, were called 'in, and being informed of the directions given to this Board by the Lords of the Committee of Council, to deliver to the said Chief Justice and Attorney General copies of the report of this Board on the 2nd of September, 1765, touching the establishment of Courts of Judicature in that province, and also a copy of the report made thereupon by the Attorney and Solicitor General, they informed the Board that they had already received such copies by order of the Lords of the Council.

Trade, Naples.

Read a letter from the Right Honourable Mr. Secretary Conway to the Board, dated May 21st, 1766, inclosing, for their lordships' consideration and report, extracts of two letters from his Majesty's Minister at Naples, relative to the proposed common search of every single deckt vessel without distinction in that port.
Extract of a letter from Mr. Hamilton to Mr. Conway, April 8th, 1766.
Ditto: Naples, April 22nd, 1766.

fo. 167.

Their lordships, upon consideration of these papers and of the Treaty of Madrid in 1667, ordered the draught of a representation to his Majesty thereupon to be prepared.

Leghorn.

Read a letter from the Right Honourable Mr. Secretary Conway to the Board, dated May 17th, 1766, inclosing, for their lordships' consideration and report,
Copy of a letter from Mr. Dick to General Conway, dated Leghorn, April 25th, 1766, desiring to be informed, whether the British merchants composing the factory of Leghorn have a right to refuse the admission of a British merchant. who shall be desirous of being elected a member of that factory.

Read a letter from John Dick, esquire, his Majesty's Consul at Leghorn, to the Secretary, dated April 11th, 1766, containing information of the annual produce of raw silk in the territories of Venice.

fo. 168.

Read a letter from Mr. Dick, Consul at Leghorn, to the Secretary, dated April 26th, 1766, relative to the inconveniences the British factory has for some years lain under by the quarantine which all ships from thence have been obliged to perform on their arrival in England.
Representation of the British factory established at Leghorn on the state of their trade, and the inconvenience of ships coming from thence being subject to perform quarantine, April 26th, 1766.

fo. 169.

Ordered, that the abovementioned letter and paper from Mr. Secretary Conway, and also the letter from Mr. Dick, inclosing the representation of the British merchants at Leghorn, be taken into consideration on Thursday next, and that some of the principal merchants trading to that place, and who have resided there and been members of the factory, be desired to attend.