Journal, February 1771: Volume 78

Journal, February 1771

fo. 19.

Wednesday, February 6th. Present:—Mr. Jenyns, Lord Greville, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Miscellanies.

fo. 20.

A Commission under the Great Seal of Great Britain, constituting the great officers of state and others, together with Soame Jenyns, Edward Eliot, John Roberts, William Fitzherbert, Esquires, Robert Spencer, commonly called Lord Robert Spencer, George Greville, commonly called Lord Greville, together with Thomas Whately, Esquire, in the room of Mr. Northey, deceased, to be his Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving his Majesty's Plantations in America, and elsewhere, was read, and Mr. Whately took his seat at the Board.

Nova Scotia.

The draught of a representation to his Majesty, proposing the disallowance of an Act passed in Nova Scotia in July, 1768, "relative to the taking special bail," having been prepared pursuant to order, was approved, transcribed and signed.

Trade, Africa.

Several of the Committee of the Company of Merchants trading to Africa attended, and laid before the Board a copy of their petition to the House of Commons, for a further grant for the service of the forts on the coast of Africa, and prayed their lordships' support thereof in Parliament.

fo. 21.

They also laid before the Board a copy of the account of the expenditure of the money granted for that service in the year 1769.

Grenada, Tobago.

The Earl of Hillsborough, by his Majesty's command, laid before the Board, for their consideration, extract of a letter from the Governor of the Southern Carribbee Islands, acquainting him with the deaths of two members of the Council of Tobago; whereupon a representation to his Majesty, proposing that Gilbert Franklyn and Archibald Stewart, Esquires, may be appointed of the said Council to supply the vacancies, was agreed to, prepared and signed.

Grenada.

fo. 22.

The Secretary having acquainted the Board, that there was a vacancy in the Council of Grenada, by the death of John Harvey, Esquire, their lordships agreed to and signed a representation to his Majesty, proposing that Charles Nicholas de Chanteloup, one of his Majesty's new subjects, may be appointed of the said Council, in order to complete the constitution declared by his Majesty's additional instruction of the 12th day of October, 1768.

South Carolina.

Read a letter from William Bull, Esquire, Lieutenant Governor of South Carolina, to the Board, dated October 16th, 1770, relative to Mr. Middleton's having resigned his seat at the Council Board, and recommending three persons fit to supply the vacancy.

fo. 23.

Their lordships took into consideration the state of the Council of South Carolina, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that Robert Knox Gordon, Esquire, whom his Majesty has appointed to the office of Chief Justice of that Province, as also William Henry Drayton, Esquire, may be appointed of the said Council.

Newfoundland.

fo. 24.

Their lordships took into further consideration Mr. Reed's petition for a grant of the Madelaine Islands, together with a paper on that subject, communicated by Captain Byron, and Mr. Reed attending, and having been heard in what he had to offer in support of his petition, he withdrew, and their lordships, after deliberation, were unanimously of opinion, that in the case of such a grant as Mr. Reed proposes, by which all other the King's subjects would be excluded from any advantage of the fishery of those Islands, it ought not to be made without a valuable consideration, in compensation to the publick for such exclusion, and Mr.Reed was called in and acquainted therewith.

Nova Scotia.

The draught of a representation to his Majesty on the Lottery Bill of Nova Scotia, mentioned in the minutes of the 23rd ultimo, having been prepared pursuant to order, was approved and signed, and the Earl of Hillsborough was requested to lay it before his Majesty.

East Florida.

Read a memorial of Thomas Martin, Esquire, praying a grant of ten thousand acres of land in East Florida, and the memorialist attending, and having been examined touching his ability to effect such a settlement, it was agreed to recommend his request, and a representation to his Majesty was accordingly ordered to be prepared.

fo. 25.

Friday, February 8th.Present:—Mr. Jenyns, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Trade.

fo. 26.

Their lordships took into further consideration a memorial, purporting to be a memorial of the merchants and others concerned in the Greenland Whale Fishery, mentioned in the minutes of the 28th of November last, and the Secretary having acquainted the Board, that the said memorial had since been subscribed by a number of persons concerned in that Trade, and that several of them were attending without, with Mr. Crawford, their solicitor, they were called in, and their lordships heard what they had to offer in support of their request for a continuance of the bounties on the said Whale Fishery; as also read and considered the following papers, viz:—
Reasons offered for continuing the bounty on the Greenland Fishery.
Abstract of the several Acts of Parliament relating to the Greenland Fishery.
Copy of a report of the Committee of the House of Commons on the application in 1767 for the continuance of the bounty on the Whale Fishery.
An account of the number of ships fitted out on the Whale Fishery from the year 1733 to the year 1770, distinguishing each year.
fo. 27.
An account of the number of ships employed in the Whale Fishery from the commencement of the bounty of twenty shillings per ton granted by the Act of the 6th of George II, upon all ships employed therein, to the commencement of the further bounty of ten shillings per ton granted by the Act of the 13th of George II, with their tonnage, the amount of the bounty paid thereupon, and the quantity of oil and whale fins caught and imported by such ships, distinguishing each year, and shewing the annual medium thereof.

fo. 28.
An account of the number of ships employed in the Whale Fishery from the commencement of the bounty of thirty shillings per ton, granted by the Act of the 13th of George II, upon all ships employed therein, to the commencement of the further bounty of forty shillings per ton, granted by the Act of the 22nd of George II, with their tonnage, the amount of the bounty paid thereupon, and quantity of oil and whale fins caught and imported by such ships, distinguishing each year, and shewing the annual medium thereof.

An account of the number of ships employed in the Whale Fishery intitled to the bounty of forty shillings per ton by the Act of 22nd George II, upon all ships employed therein, from the beginning of the year 1750 to the end of the year 1756, with their tonnage, the amount of the bounty paid thereupon, and the quantity of blubber imported by such ships.
fo. 29.
An account of the number of ships employed in the Whale Fishery, intitled to the bounty of forty shillings perton by the Act 22nd of George II, upon all ships employed therein, from the beginning of the year 1757, to the end of the year 1763, with the tonnage, the amount of the bounty paid thereupon, and the quantity of blubber imported by such ships.
A like account from the year 1764, to the end of the year 1770, with their tonnage, the amount of the bounty paid thereupon and the quantity of blubber imported by such ships.
An account of the quantities of train oil and whale fins imported into England from foreign parts from Christmas, 1725, to Christmas, 1769, distinguishing each year, with the duties paid thereon.
fo. 30.
An account of the quantity of train oil and whale fins imported into England from America from Christmas, 1725, to Christmas, 1769, distinguishing each year.

Ordered, that the further consideration of this business be postponed to Wednesday, the 13th instant.

East Florida.

The draught of a representation to his Majesty upon the memorial of Mr. Martin, for a grant of ten thousand acres of land in East Florida, having been prepared pursuant to order, was agreed to and signed.

fo. 31.

Wednesday, February 13th. Present:—Mr. Jenyns, Lord Greville, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Trade.

Their lordships took into further consideration the papers, relative to the proposition for continuing the bounty for the encouragement of the Greenland Whale Fishery, and were of opinion, that it appeared, upon examination of the said papers, and of the evidence laid before them to support the said proposition:—
First. That whale-bone and whale oil are materials indispensably necessary for the manufactures of this Kingdom.

fo. 32.

Secondly. That the quantity of these materials supplied by the North American Fisheries, though evidently increased under the very proper and judicious encouragement given in the year 1764, by an exemption from duties; yet are not, nor are likely (for some time to come) to be sufficient, especially in the article of whale-bone, for the consumption of this Kingdom; and that the bone imported from North America is stated to be of a quality very inferior to the Greenland bone, and not fit for the finer parts of manufacture, in which whale-bone is used.

fo. 33.

Trade.

Thirdly. That unless the bounty of forty shillings per ton for ships employed in the Greenland Whale Fishery is continued for some time longer, few, if any persons will become adventurers in that branch of commerce; the consequence of which must be, that by far the greatest part of the whale-bone, necessary for the consumption of this Kingdom, must be purchased of foreigners; as also the whale oil necessary for the woollen manufactures, to which use the American oil is not adapted, being of an impure and mixed quality.

fo. 34.

Fourthly. That the bounty of twenty shillings per ton on ships fitted out for the Greenland Whale Fishery, granted by the Act of the sixth of George the second, and afterwards increased to thirty shillings per ton, by an Act of the thirteenth of George II, had little or no effect to encourage persons to become adventurers in that fishery; which failure is attributed to the great expence of fitting out ships proper for that service, computed to amount, upon a ship of three hundred and fifty tons, to between four and five thousand pounds, and to such ships being almost altogether useless for any other service.

Fifthly. That the increase of the bounty in 1749 to forty shillings per ton had the effect to induce many persons to engage in this branch of commerce; in so much that the number of ships was in the first year after the bounty was given increased from three (which was the average number annually fitted out under the former bounties) to twenty-four, and from that time to the year 1756 the number gradually increased to eighty three, which were fitted out from Great Britain, when the last war broke out; and that these eighty three ships employed four thousand, one hundred and fifty able seaman.

fo. 35.

Sixthly. That the quantity of bone supplied by the Greenland Fishery in this state of it, was upwards of one hundred ton, and above two thousand tons of oil, by which supply the price of the former was reduced from seven hundred pounds per ton (the average price paid to the Dutch for it) to about three hundred and fifty pounds per ton; and the price of the latter reduced from twenty eight pounds to eighteen pounds per ton.

fo. 36.

Seventhly. That the number of ships fitted out since the year 1756 have gradually declined, which is attributed to the interruption given to this branch of commerce by the war, and to the short periods for which the bounty hath since been continued; whereby adventurers were discouraged from entering largely into a trade, in which the expence of the outfit was so great.

fo. 37.

Upon a consideration of the foregoing facts, their lordships are of opinion, that, tho' it can never be of national advantage to pursue a branch of commerce in which individuals are induced to engage merely from a consideration of the bounty, yet, as it has been represented to them, that many advantages have been already gained in the manner of carrying on the Greenland Whale Fishery, whereby the expence of it to the undertakers hath been considerably reduced, and that these advantages may hereafter be so improved, as to leave the trade in a condition to support itself; it may therefore be advisable, as well from this consideration, as from the consideration of the benefit arising from the Greenland Fishery, viewed in the light of a nursery for seamen, and as extending and improving the (fn. 1) manufactures and navigation of this Kingdom, that a bounty per ton, upon ships employed in this fishery, should be continued for fifteen years longer, divided into three periods in manner following, viz:—

That for the first period of five years the said bounty should be forty shillings per ton.

For the second period of five years thirty shillings per ton.

And for the third period of five years twenty shillings per ton; and that the exemption of duty upon whale fins and oil, imported from America, should be continued for the same period of fifteen years.

fo. 38.

That as to the other regulations, upon which the bounty upon ships fitted out for the Greenland Whale Fishery ought to be granted, those prescribed by the laws now in force do not appear to be in any respect exceptionable, unless in that provision, by which seamen employed in these ships are protected from being impressed; which provision does not appear to correspond with that object, which seems to have been a part of the consideration in giving encouragement to this fishery, namely, the making it a nursery of seamen for the Royal Navy.

Ordered, that the Secretary do transmit the foregoing resolutions to the Secretary to the Lords Commissioners of His Majesty's Treasury, for their lordships' information.

fo. 39.

New York.

The Earl of Hillsborough, by his Majesty's command, laid before the Board, for their consideration, several papers relative to an application made some years ago by Frederick Phillipse, Esquire, for a grant or lease of a silver mine, said to be discovered on a manor belonging to the said Phillipse in the province of New York, the titles of which papers are as follows, viz:—
Copy of a letter from the Earl of Dunmore to the Earl of Hillsborough, dated New York, November 19th, 1770, relative to Mr. Phillipse's petition.
Copy of the report of the Committee of Council, June 15th, 1763.
Minutes of Council, November 17th, 1770.

fo. 40.

Their lordships took the said papers into consideration, together with a memorial of the said Philipse, referred to this Board in 1764 by order of the Lords of the Committee of Council, and it was ordered, that the draught of a report to their lordships on the said memorial should be prepared.

South Carolina.

The draught of a representation to his Majesty, recommending William Knox Gordon and William Henry Drayton, Esquires, to be of the Council of South Carolina, having been prepared pursuant to order, was agreed to, transcribed and signed.

West Florida.

Their lordships read and considered thirteen laws passed in the colony of West Florida in the years 1767, 1768 and 1769, together with Mr. Jackson's report thereupon, and it was ordered that the draught of a representation to his Majesty should be prepared, proposing that three of the said laws should be disallowed, viz:—
fo. 41.
An Act concerning attachments and for regulating the Marshal's proceedings.
An Act for subjecting and making liable to attachment the estate real and personal of absent debtors in the custody or power of any person or persons within this province.
An Act impowering the Magistrates and Freeholders of Charlotte County occasionally to prohibit the selling of Rum, or other strong liquors to the Indians.

Wednesday, February 20th. Present:—Mr. Jenyns, Lord Greville, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

fo. 42.

New York.

Their lordships read and considered the draught of a report to the Lords of the Committee of Council for Plantation Affairs, upon the petition of Frederick Philipse for a lease of mines of gold and silver discovered or to be discovered within the manor of Philipsburg in the province of New York.

West Florida.

Leeward Islands, Antigua.

The draught of a representation to his Majesty, proposing the disallowance of three laws passed in the colony of West Florida, having been prepared pursuant to order, was approved, transcribed and signed; as was also a representation to his Majesty, recommending John Brooke, Esquire, to be appointed of the Council of Antigua.

fo. 43.

Proprieties, Pennsylvania.

Read an Order of the King in Council, dated February 11th, 1771, referring to this Board twenty Acts passed in Pennsylvania in September, 1769, and February, May and September, 1770, and directing their lordships to consider the same, and report their opinion upon them to a Committee of Council for Plantation Affairs.

Ordered, that the Secretary do transmit the said laws to Mr. Jackson, for his opinion thereupon in point of law as soon as conveniently may be.

Massachusetts.

Read letters to the Secretary from Thomas Hutchinson, Esquire, Governor of Massachusetts Bay, and from Andrew Oliver, Esquire, late Secretary of the said province, transmitting the following public papers:—
fo. 44.
Nineteen Acts passed in the province of Massachusetts Bay, in November, 1770.
Remarks on the said Acts.
Journal of the General Court, from May 30th to June 25th, 1770.
Printed Journal of the House of Representatives, from May 30th to August 3rd, 1770.
Copy of the Treasurer's accompt, from May 31st, 1769, to May 31st, 1770.
Printed proceedings of the Council relative to the deposition of Andrew Oliver, Esquire, Secretary of the province, concerning what passed in Council in Consequence of the unhappy affair of the 5th of March, 1770.

Ordered, that the laws, with the Governor's observations thereupon, be transmitted to Mr. Jackson for his opinion thereupon in point of law.

fo. 45.

Plantations General.

Read a letter from Mr. John Robinson, Esquire, Secretary to the Lords of the Treasury, to the Secretary to this Board, dated February 16th, 1771, sending, for the information of the Lords of Trade, a copy of the report of the Commissioners of the Customs, dated May 2nd, 1770, respecting a continuance of the bounties on Timber from North America, and the granting a bounty on Staves and Heading.

West Florida.

The Earl of Hillsborough, by his Majesty's command, laid before the Board, for their consideration, copy of a letter to his lordship from the Governor of West Florida, relative to the state of the Council in that colony.

A representation to his Majesty, proposing that David Hodge, Esquire, appointed of the Council of West Florida by the Governor, may be confirmed in that office by his Majesty's Royal Mandamus, was agreed to and signed.

fo. 46.

Massachusetts.

Their lordships took into consideration the state of his Majesty's province of Massachusetts Bay, preparatory to the consideration of a draught of instructions for the Governor of that province.

Ordered, that Sir Francis Bernard, late Governor of that province, and Mr. Jackson, be desired to attend the Board on Friday next.

South Carolina.

fo. 47.

Read an order of the King in Council, dated December 9th, 1770, referring to this Board, for their consideration and report, a petition of the agent of South Carolina to his Majesty, respecting an additional instruction of the 14th of April last to the Governor of that province, and praying that his Majesty will, for the reasons therein set forth, withdraw the said instruction, and enjoin a communication to the Commons House of Assembly for the future of all such representations, as may be intended to be sent from his Majesty's Governors relative to the proceedings of the said House.

Ordered, that the above order of reference be taken into consideration on this day se'nnight.

Friday, February 22nd. Present:—Mr. Jenyns, Lord Greville, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Massachusetts.

fo. 48.

Their lordships took into further consideration the state of his Majesty's province of Massachusetts Bay, and Sir Francis Bernard, late Governor thereof, attending, as also Mr. Jackson, their lordships had some discourse with them on the subject of several points proposed by Sir Francis Bernard as the ground of instructions to the Governor of the said province, after which it was ordered, that draughts of general instructions to Mr. Hutchinson, as also of those usually given for the observance of the laws of trade, should be prepared.

Trade, Africa.

Read a letter from Philip Stephens, Esquire, Secretary to the Lords of the Admiralty, to the Secretary to this Board, dated February 19th, 1771, transmitting copies of accounts of the state and condition of the forts and settlements on the coast of Africa.

New York.

The draught of a report to the Lords of the Committee upon Mr. Philipse's petition was approved, transcribed and signed.

Jamaica.

fo. 49.

Their lordships took into consideration an Act passed in the Island of Jamaica in December, 1769, entituled "An Act to entitle Ann Shermore, widow, and relict of Nicholas Shermore, a white man, and Jane Brooks, Mary Brooks, Priscilla Brooks, Martha Brooks and Ruth Brooks, the reputed daughters of George Brooks, of the parish of St. Elizabeth, in the Island aforesaid, Esquire, by Mary Powell, a free Mulatto woman, and James Brooks, Joseph Brooks and Edward Brooks, the reputed sons of the said George Brooks by the said Mary Powell, to the same rights and privileges with English subjects born of white parents under certain restrictions," together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be confirmed.

fo. 50.

Wednesday, February 27th. Present:—Mr. Jenyns, Lord Greville, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Plantations General.

fo. 51.

Several merchants trading to North America, and, in particular, to the province of Canada, attend, on the subject of their application for a continuance and extension of the bounties on Timber, and for a bounty on Staves from America, and having stated several reasons, by way of answer to the objections made by the Commissioners of the Customs to granting a bounty on Staves, contained in the report of the said Commissioners to the Lords of the Treasury, inclosed in Mr. Robinson's letter to Mr. Pownall, mentioned in the minutes of the 20th instant, their lordships desired that they would, on account of the greater precision in a matter that depended so much on facts, state their observations in writing by way of memorial to the Board, which they promised to do, and then they withdrew; Governor Carleton, who attended on this occasion, was also requested to give his opinion in writing of the benefit, that he apprehended would result to the province of Canada, and to the public, from granting a bounty on Staves.

Georgia.

fo. 52.

There being two vacancies in the Council of Georgia, their lordships agree to recommend to his Majesty, that Henry Yonge and Anthony Stokes, Esquires, may be appointed of the said Council, and a representation to his Majesty was accordingly prepared and signed.

Massachusetts.

The Secretary laid before the Board draughts of general instructions and of those relating to the observance of the laws of trade, prepared pursuant to order, for the Governor of Massachusetts Bay, and the said draughts having been approved, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Grenada.

fo. 53.

The Earl of Hillsborough acquainted the Board, that his Majesty had been pleased to approve of William Leyborne Leyborne, Esquire, for the Government of Grenada, the Grenadines, St. Vincent, and Tobago, and signified his Majesty's pleasure, that this Board should prepare the draught of a Commission for his appointment to that office, and also draughts of such instructions as should be necessary thereupon.

Ordered, that draughts of a Commission and instructions be accordingly prepared, and laid before the Board as soon as may be.

Jamaica.

The draught of a representation to his Majesty, proposing the confirmation of the Jamaica Act, mentioned in the preceding minutes, having been prepared pursuant to order, was approved, transcribed and signed.