Journal, November 1772: Volume 79

Journal, November 1772

fo. 146.

Monday, November 2nd. Present:—Mr. Gascoyne, Lord Greville, Lord Garlies.

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

Miscellanies.

A new Commission under the Great Seal of Great Britain, bearing date the 27th day of August last, constituting the Great Officers of State, together with Soame Jenyns, Edward Eliot, Bamber Gascoyne, Esquires, Robert Spencer, commonly called Lord Robert Spencer, George Greville, commonly called Lord Greville, William Jolliffe, Esquire, and John Stewart, commonly called Lord Garlies, 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.

fo. 147.

Virginia.

Read an Order of the King in Council, dated August 14th, 1772, directing this Board to report their opinion on the terms of settlement and the reservations necessary to be inserted in the grant of land to be made to Mr. Walpole and others; and to prepare certain clauses therein described; and to prepare and lay before his Majesty a plan for establishing a separate government upon the said tract.

Read the following Orders of the Lords of the Committee of Council for Plantation Affairs, vizt.
New York.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, the petition of Monsieur Lotbiniere, praying to be re-instated in possession of two seigneuries, of which he has been deprived, and to be re-imbursed the expence he has been at in endeavouring to obtain redress.
fo. 148.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, several papers relative to the claim of Monsieur Hocquart to certain lands on Lake Champlain, and the Gros Mecatinat.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, several papers received from the Governor of New York, stating the difficulties, which have occurred in that province, with regard to grants of, and titles derived under the French Government of Canada, to lands in different parts of the said province, but more particularly on Lake Champlain and Connecticut River.
fo. 149.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, a copy of a letter from the Governor of New Hampshire to the Earl of Hillsborough, inclosing a report of the Council of that province upon the state of private property and jurisdiction of the land west of Connecticut River.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, a petition of Charles Williamos, Esquire, and Simon Metcalfe, Gentleman, for a grant to them jointly, free from all quit rents, of a tract of land of about sixty thousand acres in the province of New York, therein particularly described.
Massachusetts.
fo. 150.
Order of the Lords of the Committee of Council, dated June 17th, 1772, referring to this Board, for their consideration and report, a copy of a letter from the Governor of Massachusets Bay to the Earl of Hillsborough, stating some doubts, that have occurred in cases where the Governor and Council of the said province act together as a Court for proving wills and administrations, and deciding controversies concerning marriage and divorce.

Ordered, that the Secreatary do transmit a copy of Mr. Hutchinson's letter to Mr. Jackson, desiring that he would report to the Board his opinion in point of law on the question stated in the said letter.

New York.

Read a letter from William Tryon, Esquire, Governor of New York, to the Board, dated August 25th, 1772, acknowledging the receipt of their lordships' letter of the 1st of May last, relative to the recommendations of councillors by him, and to the disallowance of three Acts lately passed in the said province.

fo. 151.

Georgia.

Read a letter from Mr. President Habersham to the Board, dated June 16th, 1772, in answer to the Board's letter of the 1st of February last, respecting two Acts passed in Georgia in 1770, one for granting a sum for the support of government, and the other, for assessing the inhabitants of the town of Savannah.

Bahamas.

Duplicate of a letter from Governor Shirley to the Board, dated May 20th, 1772, acquainting their lordships with the death of Mr. Bunch, a member of his Majesty's Council for the Bahama Islands, and his appointment of Mr. Sterling in his room.

Read the following letters to the Secretary, vizt.
Massuachusetts.
Letter from Thomas Flucker, Esquire, Secretary to the province of Massachusets Bay, dated August 21st, 1772, transmitting publick papers.
fo. 152.
Plantations General.
Letter from Thomas Scammell, Esquire, July 20th, 1772, relative to his proceedings in exploring his Majesty's woods in New England.
Letter from Thomas Scammell, Esquire, to the Secretary, dated August 15th, 1772, requesting him to lay his plans before the Board.
Letter from Samuel Holland, Esquire, Surveyor General of the Northern district of America, dated January 4th, 1772, containing an account of the progress he has made in his Survey; and transmitting plans.
Dominicia.
Letter from John Greg, Esquire, Secretary to the Commissioners for the Sale of Lands, dated August 7th, 1772, transmitting
Account of sales of his Majesty's lands in the island of Dominica, the 23rd and 24th of April and 6th of May, 1772.
fo. 153.
Trade.
A list of British ships and vessels, that have delivered or loaded any merchandize from or for any of the British Dominions in the ports of Galicia and Asturias from the 1st of January to the 30th of June following, transmitted by James Banks, Esquire, Consul at Corunna, dated July 25th, 1772.

Africa.

Read a letter from Philip Stephens, Esquire, Secretary to the Lords of the Admiralty, to the Secretary to this Board, dated August 17th, 1772, transmitting copies of accounts of the state and condition of the forts and settlements on the coast of Africa.

The Secretary laid before the Board several papers received from the Committee of the Company of Merchants trading to Africa, the titles of which are as follows, vizt.
The account of the Committee of the Company of Merchants trading to Africa for the year 1771, distinguishing every article of expense under its proper title.

fo. 154.
List of the African Committee for the year 1772.
Copy of a letter from David Mill, Esquire, to the African Committee, dated Cape Coast Castle, 12th March, 1772.
Copies of a letters to and from David Mill, Esquire, Governor of Cape Coast Castle, and the Dutch Governor of Elmina and his Council in March, 1772.
Copy of a letter from David Mill, Esquire, to the African Committee, dated Cape Coast Castle, 14th March, 1772.
Ditto: dated March 27th, 1772.

South Carolina, Jamaica, Barbados, St. Christopher's.

Their lordships took into consideration the state of his Majesty's Councils in the province of South Carolina, and the islands of Jamaica, Barbados and St. Christopher's, and representations to his Majesty, recommending several persons to supply vacancies in the said Councils, were agreed to and signed, vizt.
fo. 155.
South Carolina.
Representation recommending Charles Pinckney, senior, Esquire, to be of the Council of South Carolina.
Jamaica.
Representation recommending John Palmer, Esquire, to be of the Council for the island of Jamaica.
Barbados.
Representation recommending Richard Cobham, Esquire, to be of the Council for the island of Barbados.
Leeward Islands, St. Christopher's.
Representation recommending Samuel Crooke, Esquire, to be of the Council for the island of St. Christopher.

Grenada, Dominica

Their lordships considered several applications of persons interested in leases of lands in the Ceded Islands for their lordships' approbation and allowance of assignments of the said leases to British subjects; and it was ordered, that the Secretary should certify their lordships' approbation of such assignments, vizt.
fo. 156.
Grenada, St. Vincent's.
Assignment by Duplessis Desnell, Goselin Duplessis and Jean Baptiste Duplessis de Chamois, of a lease of eighty one acres of land in the island of St. Vincent to Thomas Taylor.
Dominica.
Assignment by Jean Baptiste Girault, administrator to Elizabeth David, deceased, of a lease of ten acres of cleared land in the island of Dominica to Alexander Ochterlony, Esquire.
Assignment by Therese Parise of a lease of ten acres of cleared land in the island of Dominica to Alexander Ochterlony, Esquire.
Assignment by Lucy Maulion, widow and administratrix of Jean Maulion, of a lease of seventeen acres of cleared land in the island of Dominica to Alexander Ochterlony, Esquire.
fo. 157.
Assignment by Charles Martin, Roger Bellair and Francis Roger Bellair, of a lease of twenty acres of land in the island of Dominica to Louis Isaac Judah, Esquire.
Assignment by William la Roche and Jean Baptiste la Roche of a lease of a parcel of land in the island of Dominica to Francis and Pierre Roger Delmestre.
Assignment by Leonard Lafond of a parcel of land in the island of Dominica, late the property of Louis L'Anglois, deceased, to Thomas Chabaud Arnault.
Assignment by Gabriel Taureau of a lease of ten acres of cleared land in the island of Dominica to Alexander Ochterlony, Esquire.

Virginia.

fo. 158.

The Secretary, in behalf of the parties interested in an Act passed in the colony of Virginia in April last, intituled, An Act to dock the intail of certain lands whereof John Hancock is seised, and for settling other lands and slaves in lieu thereof, moved their lordships for their representation to his Majesty for confirming the said Act; whereupon their lordships took the said Act, together with Mr. Jackson's report thereupon, into consideration, and no objection appearing thereto in point of law, and it having passed through all the forms prescribed by his Majesty's instructions, and having a clause inserted therein, suspending its execution until his Majesty's pleasure was known, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Georgia.

Their lordships then took into consideration the memorial of James Wright, Esquire, Governor of Georgia, and the papers thereunto annexed, mentioned in the minutes of the 12th of December last, relative to the necessity of some further regulation of Indian affairs, and the expediency of obtaining from the Cherokees the cession of certain lands therein described.

fo. 159.

Ordered, that a representation to his Majesty, upon the subject of the said memorial, be prepared.

Plantations General.

The Secretary read several memorials and petitions for grants of lands in his Majesty's colonies, vizt.
Petition of James Auchmuty to the Board for a grant of land in some part of America, on account of his services in the navy.
St. John's.
Petition of Captain George Fead, praying that he may have a grant of Panmure Island made to him, agreeable to Governor Patterson's promise.
South Carolina.
Petition of Robert Hankey of the city of London, merchant, to the Board for a grant of two thousand five hundred acres of land in South Carolina.
East Florida.
Memorial of Thomas Nixon of London, merchant, to the Earl of Dartmouth, relative to a wharf at St. Augustine in East Florida.
fo. 160.
West Florida.
Petition of Samuel Fontenelle, surgeon to his Majesty's Office of Ordnance at West Florida, to the Board, for a grant of ten thousand acres of land in West Florida.
Petition of Colonel William Taylor, Aid de Camp to his Majesty, John Robinson, one of the Commissioners of the Customs for North America, the Chevalier James Albert Dormer and Thomas George Caters Detembeulek, Esquire, both of the city of Antwerp, to the Board, praying for a grant of one hundred thousand acres of land in the province of West Florida.
Memorial of John Robinson, Esquire, one of the Commissioners of the Customs for North America, to the Board, praying for a grant of twenty thousand acres of land in West Florida.
Petition of Edward Codrington of London, merchant, to the Earl of Dartmouth, praying for the grant of an island, called the English Balize, on the east side of the entrance of the Missisippi.
Virginia.
fo. 161.
Petition of Major William Edmiston, Captain Edward Pownall, Captain Daniel Shaw and Captain Robert Edmiston, to the Board, praying for a grant of eighty thousand acres of land on the banks of the Ohio.

Barbados.

The Earl of Dartmouth acquainted the Board, that his Majesty had been pleased to approve of the Honourable Edward Hay, Esquire, to be appointed Governor of the island of Barbados, in the room of William Spry, Esquire, deceased, and signified to their lordships his Majesty's pleasure, that they do prepare and lay before his Majesty in Council, the draught of a Commission for the said Governor, as also of such instructions as may be necessary for his direction in the administration of that government.

The draught of a Commission having been accordingly prepared, was approved, and a representation to his Majesty thereupon was signed.

fo. 162.

Ordered, that draughts of general instructions and of those which relate to the observance of the laws of trade be prepared for the said Governor with all convenient dispatch.

Thursday, November 5. Present:—Mr. Gascoyne, Lord Garlies.

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

Georgia.

The draught of a representation to his Majesty upon the memorial of Governor Wright, relative to the necessity of some further regulation of Indian affairs, and the expediency of obtaining from the Cherokees the cession of certain lands therein described, having been prepared pursuant to the minutes of Monday last, was agreed to and ordered to be transcribed.

fo. 163.

Dominica.

Read a letter from John Robinson, Esquire, Secretary to the Lords of the Treasury, to the Secretary to this Board, dated August 13th, 1772, transmitting an account of barrack rent in the island of Dominica, with the desire of the Lords of the Treasury, that he would lay the same before this Board, and inform their lordships whether this Board have any documents, that can enable them to judge of the propriety of that expence.

Ordered, that the Secretary do acquaint Mr. Robinson, that there are no documents or papers in their lordships' office, which contain any information with regard to the subject matter of his letter.

Virginia.

fo. 164.

The Secretary, in behalf of the parties interested in an Act passed in the colony of Virginia in April, 1772, intituled, "An Act for vesting in trustees certain lands whereof William Booth, gentleman, and Elizabeth, his wife, are seised in fee tail to be sold, and for laying out the money arising from the sale in purchasing other lands to be settled to the same uses," moved their lordships for their representation to his Majesty for confirming the said Act; whereupon their lordships took the said Act, together with Mr. Jackson's report thereupon, into consideration, and no objection appearing thereto in point of law, and it having passed through all the forms prescribed by his Majesty's instructions, and having a clause inserted therein, suspending its execution until his Majesty's pleasure was known, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in the colony of Virginia, "to dock the intail of certain lands whereof John Hancock is seised, etc.," having been prepared pursuant to order, was agreed to, transcribed and signed.

fo. 165.

Monday, November 9. Present:—Mr. Gascoyne, Lord Greville, Lord Garlies.

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

Georgia.

The draught of a representation to his Majesty upon the memorial of Governor Wright, relative to the necessity of some further regulation of Indian affairs, and the expediency of obtaining from the Cherokees the cession of certain lands therein described, having been transcribed pursuant to order, was signed, and the Earl of Dartmouth was requested to lay the same before his Majesty.

Virginia.

fo. 166.

The draught of a representation to his Majesty, proposing the confirmation of a private Act passed in the colony of Virginia, 1772, relative to the estate of William Booth, gentleman, and Elizabeth, his wife, having been prepared pursuant to order, was approved, transcribed and signed.

New York.

Quebec.

Their lordships took into consideration several Orders of reference from the Lords of the Committee of Council, mentioned in the minutes of the 2nd instant, respecting the French claims to lands in different parts of the province of New York, particularly on Lake Champlain; the disputes with regard to the lands west of Connecticut River; and Monsieur Hocquart's claim to the post of Gros Mecatinat on the Labrador coast, and made some progress therein.

Ordered, that the Secretary do acquaint Mr. Jackson and Mr. Meseres, late Attorney General of the province of Quebec, that their lordships wish to have some conversation with them on the several matters abovementioned on Thursday next at 11 o'clock.

fo. 167.

Thursday, November 12. Present:—Mr. Gascoyne, Lord Greville, Lord Garlies.

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

New York.

Their lordships took into further consideration the papers relative to Monsieur Hocquart's claim to the post of Gros Mecatinat, and to the claims to lands on Lake Champlain under French grants, and Mr. Jackson and Mr. Meseres attending, as desired, their lordships had some conversation with them on the subject matter of the said claims, and it was agreed to take these papers into further consideration on Monday next.

fo. 168.

Mr. Edmund Burke attended, and moved their lordships, that he might be heard by his counsel, as well in behalf of the province of New York, as of sundry persons, proprietors of lands within the said province under grants from the Governor and Council thereof, against the confirmation by the Crown of any grants made by the French King, or the Government of Canada within the limits of the said province of New York.

Their lordships, upon consideration of Mr. Burke's motion, agreed, that he should be heard by his counsel; and he was desired, so soon as his counsel should be prepared, to acquaint the Secretary therewith, in order that an early day might be fixed for the further consideration of this business.

fo. 169.

Ordered, that the Secretary do acquaint Monsieur Lotbiniere, who now attends to solicit the confirmation of two seigneuries on Lake Champlain, of which he claims the possession, with Mr. Burke's application to be heard by counsel, and that he will also be at liberty to be heard by his counsel in support of his pretensions, if he thinks fit.

Monday, November 16. Present:—Mr. Jenyns, Mr. Gascoyne, Lord Greville, Mr. Jolliffe, Lord Garlies.

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

New York.

New Hampshire.

fo. 170.

Their lordships took into further consideration those parts of the orders of reference, mentioned in the minutes of the 2nd instant, which relate to disputes and controversies between the provinces of New York and New Hampshire, concerning jurisdiction and titles to lands in the country lying between Hudson and Connecticut Rivers; as also several letters on that subject from his Majesty's Governors of Massachusets Bay and New York, communicated to the Board by the Earl of Dartmouth.

New York, Massachusetts.

Ordered, that the draught of a report to the Lords of the Committee of Council be prepared upon such parts of the said papers as relate to the grant made by Governor Tryon to Lieutenant Colonel Howard of ten thousand acres of land within the limits of the township of Hinsdale, established by the province of Massachusets Bay in the year 1672.

New York.

Their lordships agreed to take into further consideration on Thursday next such other parts of the said papers, as relate generally to grants and possessions of lands within the above mentioned district lying between Hudson and Connecticut Rivers; and Mr. Jackson, who attended upon this business, was requested to attend again on that day.

fo. 171.

Thursday, November 19. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Mr. Jolliffe, Lord Garlies.

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

New York.

Their lordships took into consideration such parts of the papers annexed to the orders of reference from the Lords of the Committee of Council of the 17th of June last, as relate generally to grants and possessions of lands within the district lying between Hudson and Connecticut Rivers, and to the disputes, disorders and confusions arising therefrom, and it was ordered, that the draught of a report to the Lords of the Committee of Council upon the subject of these papers should be prepared.

fo. 172.

Virginia.

The Secretary, in behalf of the parties interested in four Acts passed in the colony of Virginia in December, 1766, and April, 1772, intituled,
An Act to vest certain intailed lands in Nathaniel West Dandridge, Esquire, in fee simple, and for settling slaves in lieu thereof.
An Act to dock the intail of certain lands, whereof Nathaniel West Dandridge is seised.
An Act to dock the intail of certain lands, whereof Ralph Wormley, Esquire, is seised.
An Act to vest certain lands, whereof Colwell Petty pool and Mary, his wife, are seised in fee tail, in Joseph Mayo; and for settling other lands and slaves to be purchased in lieu thereof.
fo. 173.
moved their lordships for their representation to his Majesty for confirming the said Acts; whereupon their lordships took the said Acts, together with Mr. Jackson's report thereupon, into consideration, and no objection appearing thereto in point of law, and having passed through all the forms prescribed by his Majesty's instructions, and having clauses suspending their execution until his Majesty's pleasure was known, a representation to his Majesty thereupon was prepared, agreed to and signed.

Newfoundland.

Their lordships took into further consideration the papers relative to Monsieur Hocquart's claim to the post of Gros Mecatinat on the Labrador coast, and it was ordered, that the draught of a report to the Lords of the Committee of Council thereupon should be prepared.

fo. 174.

Monday, November 23. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Lord Garlies.

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

Newfoundland.

The draught of a report to the Lords of the Committee of Council upon Monsieur Hocquart's claim to the post of Gros Mecatinat upon the Labrador coast having been prepared pursuant to order, was approved and ordered to be transcribed.

New York.

The draught of a report to the Lords of the Committee of Council upon the case relative to the grant made by Governor Tryon to Lieutenant Colonel Howard of ten thousand acres of land within the limits of the township of Hinsdale, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

fo. 175.

Plantations General.

Their lordships took into consideration an Order of the Lords of the Committee of Council, mentioned in the minutes of the 6th of February last, referring to this Board the petition of the Earl of Eglintoune, and William Taylor and Montfort Browne, Esquires, to his Majesty, relative to the expediency of making a settlement on the Mississippi.

Ordered, that the said order of reference be taken into further consideration on Monday next, and that the Earl of Eglintoune, Brigadier General Taylor and Lieutenant Governor Browne be desired to attend.

Virginia.

Read a memorial of Lord Cathcart and others, whose names are thereunto subscribed, to the Board, praying for a grant of lands lying on the New River and Holstein River, and on their branches, and all such islands, as have not been granted or surveyed to others.

fo. 176.

The Earl of Dartmouth having acquainted their lordships, that the King had signified to him his Majesty's intentions, that the granting of lands in his Majesty's colonies and plantations in America should be subjected to other regulations and restrictions, than what have hitherto been prescribed and adopted, it was agreed, that the consideration of the memorial should lye by for consideration at another opportunity.

Leeward Island, Nevis.

Ordered, that the draught of a representation to his Majesty may be prepared, proposing that John Browne, Esquire, may be appointed of the Council of Nevis.

fo. 177.

Thursday, November 26. Present:—Mr. Jenyns, Mr. Gascoyne, Lord Greville, Mr. Jolliffe, Lord Garlies.

New York.

The draught of a report to the Lords of the Committee of Council upon such parts of the papers annexed to the orders of reference from their lordships of the 17th of June last, as relate generally to grants and possessions of lands within the district lying between Hudson and Connecticut Rivers, and to the disputes, disorders and confusions arising therefrom, having been prepared pursuant to the minutes of the 19th instant, was read and considered.

fo. 178.

Monday, November 30. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Lord Garlies.

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

Newfoundland.

New York.

The draught of a report to the Lords of the Committee of Council upon Monsieur Hocquart's claim to the post of Gros Mecatinat upon the Labrador coast, having been transcribed pursuant to order, was signed; as was also a report of the Lords of the Committee of Council upon the case relative to the grant made by Governor Tryon to Lieutenant Colonel Howard of ten thousand acres of land within the limits of the township of Hinsdale.

fo. 179.

The draught of a report to the Lords of the Committee of Council upon such parts of the papers annexed to the orders of reference from their lordships of the 17th of June last, as relate generally to grants and possessions of lands within the district lying between Hudson and Connecticut Rivers, and to the disputes, disorders and confusions arising therefrom, was approved and ordered to be transcribed.

Leeward Islands, Nevis.

The draught of a representation to his Majesty, proposing that John Browne, Esquire, may be appointed of the Council of Nevis, having been prepared pursuant to order, was agreed to, transcribed and signed.

Plantations General.

fo. 180.

Brigadier General Taylor and Lieutenant Governor Browne attending as requested, their lordships had some conversation with them upon the subject matter of their petition relative to the expediency of making a settlement on the Mississippi, and then they withdrew.