Journal, February 1775: Volume 82

Journal, February 1775

fo. 7.

Thursday, February 2nd. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Keene, Mr. Gascoyne, Mr. Jolliffe, Mr. Greville.

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

New York.

Their lordships read and considered a body of laws passed in the province of New York in February and March, 1774, together with Mr. Jackson's report thereupon, and it was agreed to take the said laws into further consideration on this day sevennight, and that Mr. Jackson be desired to attend.

fo. 8.

Thursday, February 9th. Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Mr. Keene, Mr. Greville.

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

New York.

Their lordships took into further consideration the body of laws passed in the province of New York in February and March, 1774, and Mr. Jackson attending, the Board had some discourse with him on the subject matter of the said laws.

Ordered, that the draught of a letter to the Governor of New York, stating their lordships' objections to and observations upon several of the said laws, be prepared.

Nova Scotia.

fo. 9.

Their lordships read and considered an Act passed in the province of Nova Scotia, with a clause suspending its execution untill his Majesty's pleasure is known, intituled, "an Act in addition to, and in amendment of an Act made in the eighth year of his present Majesty's reign, intitled, an Act for establishing the times of holding the Supreme Court," together with Mr. Jackson's report upon the said Act.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that the Act may be confirmed, and the said draught having been accordingly prepared, was approved, transcribed and signed.

East Florida.

It being late, the further consideration of Mr. Gordon's petition and memorial was postponed to Monday next, and it was ordered, that the Auditor General of his Majesty's Revenues in America should have notice to attend, if he thinks fit.

fo. 10.

Monday, February 13th. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Keene, Mr. Gascoyne, Mr. Jolliffe, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends, and also the Honble. and Revd. Mr. Cholmondeley, Auditor General of his Majesty's Revenues in America.

East Florida.

Their lordships took into further consideration the reference of Mr. Gordon's petition, together with his explanatory memorial, and Mr. Gordon attending, their lordships had some discourse with him thereupon.

fo. 11.

Thursday, February 16th. Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends, and also the Honble. and Reverend Mr. Cholmondeley, Auditor General of His Majesty's Revenues in America.

Virginia.

Their lordships approved and signed a representation to his Majesty, recommending Gawen Corbyn, Esquire, to be of the Council of Virginia, in the room of John Page, the elder, Esquire, deceased.

Africa, Jamaica.

fo. 12.

Read a memorial of the merchants of London trading to Africa, stating, that they have received intelligence from their correspondents in Jamaica of further duties and impositions laid upon negroes imported into that Island to the great loss, if not intire ruin of the merchants of this Kingdom, and praying the Board's interposition for their relief.

A large body of the merchants attending, they were called in, and having stated to their lordships the particular information they had received from their correspondents, and their sentiments of the ruinous consequence to the trade of this Kingdom that would follow from these measures of the Island of Jamaica, it was resolved to take this matter into further consideration on Monday next, and that the agent for the Island of Jamaica should have notice to attend.

East Florida.

fo. 13.

Their lordships then took into further consideration the papers relative to Mr. Gordon's claim, mentioned in the preceding minutes, and Mr. Gordon attending, he delivered in a state of the amount of the original purchase money of the lands to which his claim refers, and also of the loss and damage he has sustained in consequence of the difficulties and delay which have attended the prosecution of that claim.

Ordered, that the draught of a report to the Lords of the Committee of Council upon Mr. Gordon's case be prepared.

Monday, February 20th. Present:—Lord Robert Spencer, Mr. Keene, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends, and also the Honble. and Revd. Mr. Cholmondeley, Auditor General of His Majesty's Revenues in America.

fo. 14.

Jamaica, Africa.

The merchants of London trading to Africa attending, as desired, on the subject of their further complaints of the duties and impositions laid upon the importation of negroes into the Island of Jamaica, and the agent for the Island, who also attended pursuant to notice, being asked if he could give the Board any account of the bills said to have been passed in the last session of Assembly respecting this matter, he said, that he had no advices or instructions whatever touching such bills, nor did he know anything of them but from common report; that he expected in less than a fortnight to receive advices thereof from his constituents, and prayed that the further consideration of this business might be put off to this day fortnight.

fo. 15.

Their lordships being of opinion, upon further consideration of this business, that in the present state of it, not having the bills complained of before them, nothing more could be done for the relief of the merchants than what had been already recommended in their lordships' representation to his Majesty of the 19th of December last, it was agreed to postpone any further proceedings upon it until this day fortnight.

Thursday, February 23rd. Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

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

Africa, Jamaica.

Read a memorial of the merchants of Liverpool trading to Africa, whose names are thereunto subscribed, setting forth the advices they have received of further duties and impositions laid in the Island of Jamaica upon slaves imported, stating the injuries thereby sustained by the merchants of England trading to Africa, and praying the Board's interposition for their relief.

fo. 16.

Ordered, that the said memorial be taken into further consideration on Monday sevennight, together with the memorial on the same subject of the merchants of London trading to Africa.

Jamaica.

Read an order of his Majesty in Council on the 20th instant, directing an additional instruction to be prepared for the Governor of Jamaica, forbidding him to assent to any laws laying additional duties on negroes imported into that Island.

The draught of an additional instruction, conformable to the said order, having been prepared, was approved, and a representation thereupon was signed.

Virginia.

fo. 17.

The Earl of Dartmouth, pursuant to an address of the House of Commons to his Majesty, signified to the Board his Majesty's commands, that they do prepare, and lay before that House, a copy of an Act passed in Virginia in April, 1684, "for the better preservation of the peace of Virginia, and preventing unlawful and treasonable associations."

A copy of the said Act having been prepared from the books of this office, Mr. Gascoyne was desired to present it to the House, pursuant to his Majesty's commands.

New York.

Their lordships then took into consideration the state of his Majesty's province of New York in respect to the disputes which have arisen in that province, and the disorders that have prevailed therein, to the disturbance of the public peace, by means of the claims and pretensions that have been set up on different grounds and titles to lands in that province; and the following papers relative to a tract of land lying between Hudson's river and the boundary line between New York and Massachusetts Bay, heretofore claimed under an ancient grant by Mr. Van Renselaer and others, were read and considered, viz.:—

fo. 18.

Order of the Lords of the Committee of Council for Plantation Affairs, dated 26th of August, 1773, referring to this Board, for their consideration and report, the petition of Major General Simon Fraser, on behalf of himself and sixteen other officers, praying that they may be included in any grant or order, hereafter to be made in favor of the Captains Campbell and Ourry, and their associates, of lands in the province of New York, so as to entitle the petitioners to a share thereof, agreable to the proportions specified in the royal proclamation of the 7th of October, 1763.

New York.

Order of the Lords of the Committee of Council for Plantation Affairs, dated August 26th, 1773, referring to this Board, for their consideration and report, the petition of Lieutenant Colonel Stewart and seven others, in behalf of themselves and several other officers, who served in America during the last war, setting forth their services, and the expences they have incurred in prosecuting his Majesty's right to certain lands claimed by John Van Renselaer, Esquire, in New York, and praying for a grant of a tract containing 250,000 acres of the said land.

fo. 19.

Petition of the proprietors of the Westenhook Patent to Governor Tryon, praying that patents may be granted to each proprietor for such share of the lands contained in several lots therein specified, as to each of them shall upon the said division be allotted (except out of the lots No. 9, 12 and—, the land formerly granted to Stephen Bayard and his associates), and that the said grants may be subject to those conditions, to which they are now subject by their present patent.

Petition of James Savage, in behalf of himself and several hundred others, to the Board, dated September 20th, 1774, praying the confirmation of their title to certain lands, therein described, in the province of New York, which are possessed and have been cultivated by them.

Letter from Mr. Savage to the Secretary to this Board, dated February 17th, 1775, relative to his petition, and inclosing,
A letter to him from P. V. Schaack, dated New York, December 24th, 1774, on the same subject.
Mr. Savage's case.

fo. 20.

Memorial of Samuel Bayard, in behalf of himself and his associates, praying to be put in quiet possession of their property in a tract of land, called Westenhook Patent, by the dismission of Mr. Savage's petition, and the prohibition of all Acts of violence by his adherents.

Copy of a letter from Mr. Samuel Bayard, junior, to William Knox, Esquire, dated New York, June 11th, 1774, on the same subject.

fo. 21.

It appearing that Mr. Bayard's memorial was not subscribed by any person, and the Secretary having informed the Board, that it had been delivered to him this morning by Captain Williamos, on behalf of the proprietors of the Westenhook Patent, who claim a part of the lands in question, Captain Williamos was called in, and being asked if he had authority from the proprietors of the Westenhook Patent to act for them in this business, he said he had, and accordingly subscribed his name to the memorial abovementioned, as their agent, and the Board being informed that Mr. Savage attended without, in behalf of the present occupants and possessors of the lands in question, with Mr. Ingersoll, his solicitor and advocate, and also Colonel McLeane and others on behalf of the officers whose petitions are mentioned above, they were called in, and each respectively heard in support of their claims and pretensions.

Colonel Macleane having stated that the Governor and Council of New York had, in direct disobedience of an order of Council (made on behalf of the reduced officers) confirmed to Mr. Van Renselaer, by patent, lands which they claimed, and had not taken any notice of a caveat entered by them against such confirmation, Mr. Tryon, who was present, desired that a letter to the Earl of Dartmouth, containing his reasons for such confirmation, might be read, and Lord Dartmouth having directed the said letter to be produced, it was accordingly read.

fo. 22.

Friday, February 24th. Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

The Earl of Dartmouth, one of his Majesty's principal Secretaries of State, attends, as also Mr. Tryon, Governor of New York.

New York.

Their lordships made a further progress in the consideration of the business of New York, mentioned in the preceding minutes, and the parties were further heard in what they had to offer in support of their respective claims and pretensions.

fo. 23.

Monday, February 29th. (fn. 1) Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Mr. Keene, Mr. Greville.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends, and also Mr. Tryon, Governor of New York.

New York.

Their lordships took into further consideration the business of New York, mentioned in the two preceding days' minutes, and the parties interested in the lands in question attending again, Mr. Dagge, Solicitor for the reduced officers, submitted to the Board the following proposal for adjusting the matter in controversy, so far as it regarded the claims of the said officers and those of the present possessors and occupants, viz:—

fo. 24.

fo. 25.

"That the petitioners be allowed to locate their lands, claimed under the proclamation, upon that tract within the province of New York, which lies between the North and South manors of Renselaer, bounded on the West by the Kinderhook Patent, and on the East, by the jurisdiction line between the provinces of New York and Massachusetts, as far as such locations can be made without prejudice to the present occupancies (now under actual improvement), allowing to each occupant at the rate of fifty acres of woodland for every two hundred acres of land under actual improvement, and so in proportion for a greater or lesser number of acres; such parcells of woodland to be as contiguous as possible to each occupancy, to which the same shall be respectively allotted. And if any quantity of woodland shall have been already inclosed by any of the occupants, such woodland, if less than the proportion abovementioned, shall be reckoned as part of the woodland so directed to be allotted to each occupancy as aforesaid, and if it exceeds the number of fifty acres, in that case no woodland shall be allotted. And that, in so far as the vacant lands shall fall short of the quantity claimed by the petitioners, they be allowed to locate double the quantity of such residue in some other part of the province of New York, or elsewhere in North America, not already granted."

Mr. Savage, having desired by his Solicitor time to consider of the said proposal, the parties withdrew, and, after a short time, they desired to be called in, when Mr. Savage signified his consent to and approbation of the said proposal, in which the Board acquiesced, not thinking that any thing had been stated or proved on the part of the Westenhook Proprietors, that made them, in this case, objects of the attention of Government, and therefore, that they should be left to prosecute their claims, if they had any, in such other manner as they should be advised.