Journal, March 1775: Volume 82

Journal, March 1775

fo. 26.

Thursday, March 2nd. Present:—Mr. Jenyns, 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 state of the province of New York, more particularly in regard to the lands between the rivers Hudson and Connecticut, upon which both the province of New York and that of New Hampshire heretofore claimed a right of jurisdiction, and upon parts of which, settlements have been made by grants of the Governors of both provinces, in some instances of the same land, by means whereof the public peace hath been disturbed, and the course of public justice obstructed.

fo. 27.

Upon the subject of these claims it was proposed by Governor Tryon and agreed to by the Board, that such of the grants made by the Governor of New Hampshire to the west of Connecticut river as have not yet been confirmed, and do not interfere with any grants made by the Government of New York, or that of Canada before the conquest, should now be confirmed to the present occupants and possessors, subject to the payment of the Quit rent reserved upon all lands granted in New York.

fo. 28.

That with respect to those grants made by the Governor of New Hampshire of lands in those districts, which do either interfere with grants made by the Governor of New York, or the Governor of Canada before the conquest, it would be advisable to recommend the having some question stated, that should comprehend the whole of the case, so as to include every claim, and an action brought thereupon in the Supreme Court of New York upon such grounds, that, either by means of a special verdict, or upon some plea of error, an appeal might lye from the judgment of the said Court to the Governor and Council, and from them to his Majesty, in his Privy Council, or otherways. that the matter should be left to be settled by arbitration in any mode that should be satisfactory to the different parties.

The draught of a letter to the Governor of New York, upon the subject of several laws passed in that colony in 1774, having been prepared pursuant to order, was approved, transcribed and signed.

Monday, March 6th. Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Mr. Keene, Mr. Greville.

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

Jamaica, Africa.

fo. 29.

Their lordships, pursuant to their resolution of the 23rd ultimo, took into further consideration the memorials of the merchants of this Kingdom trading to Africa, complaining of the duties and restrictions imposed upon the importation of negroe slaves into the Island of Jamaica, and a large body of merchants attending, and also the agent for the Island, with several of the most considerable planters, they were called in.

fo. 30.

Mr. Stephen Fuller, the agent for the Island, stated to their lordships what he apprehended, from the best information he could collect, were the grounds and motives that induced the legislature of that Island to impose the large duty upon negroes above a certain age, which he admitted would amount to a prohibition, alleging that it proceeded from the danger to which the Island was exposed from the great disproportion between the white inhabitants and the slaves, increasing of late years by a more than ordinary importation of the latter; in so much that the number of slaves were now upwards of two hundred and twenty thousand, while the number of whites of all descriptions did not exceed sixteen thousand. In this argument he was supported by several of the planters, who, as well as the agent, confined their observations to the duty on slaves above a certain age, admitting that the additional duty of 40s. per head, now continued for another year, was not a measure of policy, to which their arguments applied, but merely a mode of raising money: that however in this case the merchants had no just ground of complaint, for that the duty fell ultimately upon the consumer, and that their agents always made the amount of the duty a specifick article of charge to the purchaser over and above the price of the negroes in their bills of sale.

fo. 31.

On the part of the merchants it was contended, that it was evident upon the facts and calculations stated by the gentlemen of the Island themselves, that the annual importation of negroes of late years into that Island, was not greater than was necessary to keep up their stock, even laying the re-exportation out of the question; and that, whatever might be said of the duties falling ultimately upon the consumer, it had in fact occasioned greater demands upon the merchants here than their credit to their agents in Jamaica extended to, and one gentlemen said, that, in his own case, it amounted to upwards of three thousand pounds upon one sale of negroes, and they all declared that such was the consequence and effect of these measures on the part of the Island of Jamaica, that not one half of the ships usually employed in that branch of commerce would be fitted out this year, and that it would ultimately tend to the intire ruin of a trade, already under great difficulties and disadvantages.

The parties being withdrawn, their lordships agreed to take this matter into further consideration on Thursday next.

fo. 32.

Thursday, March 9th. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Gascoyne, Mr. Jolliffe, Mr. Keene.

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

Africa, Jamaica.

Sir William Meredith, Member for Liverpool, and Mr. Burke, Member for Bristol, attend on the subject of the memorials of the African merchants, complaining of the duties and restrictions imposed in Jamaica on the importation of slaves, and Sir William Meredith having, in the name of the merchants of Liverpool, desired to know what resolution the Board had taken on the subject of what had been offered on that head, he was told, that the Board had not yet come to any resolution thereupon; but should immediately take this matter into consideration, and would acquaint him with the result.

fo. 33.

The gentlemen being withdrawn, their lordships, after mature deliberation, agreed, that a letter to the Governor of Jamaica on the subject should be written, and the Secretary took minutes for preparing the draught of such a letter accordingly to be laid before the Board on Monday next.

New York.

fo. 34.

The Governor of New York attending without, with Mr. Burke, agent for that province, and also Colonel Read, lately arrived from thence, they were called in, and their lordships resumed the consideration of the state of the disputes touching the property of lands in New York between Hudson's river and Connecticut river; and Colonel Read, who is largely interested in those lands, having stated that he had material evidence and information to lay before their lordships touching this matter, it was agreed to reconsider the propositions stated in the minutes of the 2nd instant, when Governor Tryon, who was going to Bath on account of his health, should return from thence.

Their lordships being of opinion, that it would be proper, in order to prevent any further survey or location of lands in King's district and on the other lands surrendered by Mr. Van Renselaer, that a copy of the minutes of their lordships' proceedings on this subject should be sent to Lieutenant Governor Colden, the Secretary was ordered to transmit to him accordingly a copy of those minutes, and also to give another copy thereof to Mr. Savage.

Monday, March 13th. Present:—Mr. Jenyns, Mr. Keene, Mr. Jolliffe, Mr. Greville.

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

fo. 35.

Jamaica, Africa.

The draught of a letter to the Governor of Jamaica, on the subject matter of the complaint made by the merchants of London, Bristol and Liverpool trading to Africa, of the duties and restrictions imposed upon that branch of the commerce of this kingdom by the Island of Jamaica, having been prepared pursuant to order, was approved, and ordered to be transcribed.

Newfoundland.

The Earl of Dartmouth acquainted the Board, that the King had been pleased to appoint Captain Robert Duff, to be Governor of Newfoundland, in the room of Molineux Shuldham, Esquire, and signified his Majesty's commands, that their lordships should prepare, and lay before his Majesty in Council, draughts of a Commission and instructions for Captain Duff.

fo. 36.

Ordered, that draughts of a Commission and instructions be accordingly prepared, with such alterations as are necessary in consequence of the Act passed in the last session of the late parliament "for making more effectual provision for the Government of the province of Quebec in North America."

Proprieties, Pennsylvania.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated December the 19th, 1774, referring to this Board, for their consideration and report, a petition of the Proprietaries of the province of Pennsylvania, complaining of encroachments made by sundry of the inhabitants of the colony of Connecticut on the petitioners' lands; and praying, that the Governor and Company of the said colony may be forbid to make any further encroachments; that the boundary of the colony of Connecticut may be declared according to the determinations made in 1664 and 1683; and that the petitioners may be quieted in the enjoyment of the province of Pennsylvania, according to the extent of the grant to the late William Penn.

fo. 37.

Ordered, that the aforementioned order of reference be taken into consideration on Monday, the 20th instant, and that notice be given to the agent for the Proprietaries of Pennsylvania, and also to Mr. Life, agent for the colony of Connecticut, to attend.

Thursday, March 16th. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Gascoyne, Mr. Keene, Mr. Greville.

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

New York.

fo. 38.

Their lordships took into consideration the state of the province of New York in respect to the grants and concessions made by the Governor of Canada, antecedent to the conquest of that province, of lands lying on Lake Champlain, part of which lands have, since the determination of the boundary line between Quebec and New York, been granted under the Seal of the province of New York to sundry to officers and others, who claim to hold their possession under such grants.

After some progress made in this business, it was agreed to consider further thereof on this day se'nnight, and that, pursuant to a minute of the Board of the 1st of July, 1773, notice thereof should be given to Mr. Burke, agent for the province of New York and for the claimants under New York grants, and also to Monsieur Lotbinière, whose petition respecting his claim to two seignueries, under a Canadian title, is now before the Board by reference from his Majesty in Council.

Newfoundland.

fo. 39.

Jamaica.

The Secretary laid before the Board draughts of a Commission and instructions for the Governor of Newfoundland, prepared pursuant to order, and the said draughts having been approved, a representation to his Majesty thereupon was signed; as was also a letter to the Governor of Jamaica, respecting the complaints of the merchants of this kingdom trading to Africa, on the subject of the duties imposed in that Island on negroes imported.

Sir William Meredith and Mr. Cruger, Members for the town of Liverpool and city of Bristol, attending upon the subject of these complaints, the Board communicated to them the contents of the above letter.

East Florida.

The draught of a report to the Lords of the Committee of Council, upon Mr. Gordon's petition, having been prepared pursuant to the order of the Board on the 16th ultimo, was read, approved and signed.

Proprieties, Pennsylvania.

fo. 40.

Read a petition of the Proprietaries of Pennsylvania to this Board to resume the consideration of their petition already referred to their lordships, touching the western and southern boundaries of that province.

Ordered, that the said petition be laid before their lordships on Monday next, when the agent to the Proprietaries is to attend on other business.

Monday, March 20th. 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.

Proprieties, Pennsylvania.

fo. 41.

Connecticut.

The agent for the Proprietaries of Pennsylvania attending, together with Mr. Life, agent for the colony of Connecticut, they were called in, in order to be heard in what they had respectively to offer on the subject of the petition of the said Proprietaries, complaining of encroachments upon the lands within the limits of their Charter by persons acting under the authority of the Government of Connecticut; and Mr. Life moved their lordships, that the consideration of this business might be put off for a month, he not having received any instructions from his constituents in respect thereto.

The said motion not being objected to by the agent for the Proprietaries of Pennsylvania, it was agreed to take the same into consideration on Thursday, the 27th of April.

fo. 42.

Their lordships at the same time, the parties being present, read a return made to the Earl of Dartmouth by the Governor of Connecticut of the state of the boundaries of that colony, containing arguments in support of their pretensions to the lands in question, which return his lordship communicated to the Board by his Majesty's command, and the parties having severally desired copies thereof, it was accordingly ordered, that copies should be made and delivered to them.

Pennsylvania.

Mr. Life being withdrawn, their lordships proceeded to take into consideration the petition of the Proprietaries of Pennsylvania, mentioned in the preceding minutes, and, after some discourse thereupon, it was agreed to proceed further in this business on this day se'nnight, when the agent to the Proprietaries was desired to attend.

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

fo. 43.

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

New York.

This day being appointed for the further consideration of the claims to lands on Lake Champlain, and Mr. Hickey, Solicitor for the agent of New York, attending, as also Mr. Lotbinière and Colonel Read, lately arrived from New York, with authority from the claimants under New York grants to appear for them, they were called in; and Mr. Hickey having acquainted the Board, that the agent's Counsel was not able to attend, it was agreed to postpone the consideration of this business to Thursday, the 5th of April, and Mr. Lotbinière was desired to attend on that day, with Counsel to support his pretensions.

Friday, March 24th (fn. 1). Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

fo. 44.

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

Nova Scotia, Georgia, East Florida, West Florida, Senegambia, Plantations General.

His lordship having signified his Majesty's commands, that this Board should prepare, and lay before the House of Commons, estimates of the expence of supporting the civil establishments of Nova Scotia, Georgia, East Florida and West Florida in America, and of the province of Senegambia in Africa, together with an estimate of the expence of general Surveys of his Majesty's Dominions in North America, for the year 1775, their lordships took the state of those services into consideration, and estimates having been agreed to, Mr. Gascoyne was desired to present them to the House of Commons, pursuant to his Majesty's commands.

fo. 45.

Monday, March 27th. Present:—Mr. Jenyns, Mr. Keene, Mr. Gascoyne, Mr. Greville.

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

Proprieties, Pennsylvania.

The Secretary having acquainted the Board, that the agent for the Proprietaries of Pennsylvania had signified to him, that Mr. Thomas Penn, one of the said Proprietaries, had deceased since the last day of their lordships meeting upon the business of their petition, and that the agent had thereupon requested, that the further consideration of the petition might be put off to another day, it was agreed to take the same into further consideration on this day se'nnight.