Journal, January 1731: Journal Book H.H

Journal of the proceedings of His Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving his plantations in America and elsewhere, from the fifth of January, 1730–31, to the twenty-third December, 1731.

H.H.

Journal, January 1731

January 5. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

New England.

Letter from Colonel Dunbar, with papers.

A letter from Col. Dunbar, Surveyor of the Woods, dated the 15th of September, 1730, was read, and the papers, therein referred to, were laid before the Board, viz:—
Petition for settling of Pemaquid.
Copy of a letter from Governor Phillips to Col. Dunbar, and the answer.
Massachusetts.
Votes of the Assembly of the Massachusetts Bay, from the 8th of May, 1729, to the 3rd of December following.
Copy of a letter from Col. Dunbar to Governor Belcher, and the Governor's answer.

Mr. Dunbar attends.

French trade there.

Mr. Dunbar attending, as he had been desired, the Board took into consideration his brother's letter, and the papers, therein referred to, read at the last meeting, but particularly par. "D," wherein he mentions the ships built in New England, and sold to the French, and desiring Mr. Dunbar would inform the Board what he knew of this particular; he said, that when he left the province, there were above 100 French men at Boston, who import there rum and molasses of the growth of the French plantations, with French silks and East India goods, which they sell for ships built in that colony: that the said ships were registered according to law, and cleared out at Boston to some British port, but as soon as they had got below the Fort, their practice was to deliver the said ships to their French owners, with whom they had made a contract before they left the town: that they annually built many ships for the French, and sold them in this manner for French goods: that the chief ware among the people of fashion was French silks, and among the lower sort, East India calicoes, etc.: that the French, who daily introduce these commodities, always pretend some misfortune at sea, and desire leave to sell their goods, to enable them to return home; and although this is a constant practice, and publickly known to be so, yet it is connived at by the Government there, there being no other way of evading the law in this particular.

Saw mills.

Their Lordships then desired Mr. Dunbar would give the Board some account of the saw mills erected in several parts of this province, but particularly those belonging to Dr. Cook, on Saco River, and those to Mr. Waldoe, on Casco Bay, on Thursday next, when he was desired to attend again, and gave directions for summoning Mr. Waldoe and Mr. Coram to attend at the same time, as likewise Mr. Fane.

January 6. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Antigua.

Chancery Act.

Their Lordships, taking into consideration the Chancery Act of Antigua, mentioned in the Minutes of the 30th of the last month, resolved to consider further thereof to-morrow morning.

January 7. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

New England.

Massachusetts.

Persons attend.

Saw mills.

Mr. Dunbar, Mr. Waldoe and Mr. Coram attending, as they had been desired, with Mr. Fane, their Lordships enquired of Mr. Waldoe, whether his saw mills at Casco Bay are erected on his own property, and he acquainted the Board, that they were situated in the township of Falmouth, which is about eight miles square, on his own ground: that there have been saw mills on the same stream upwards of 60 years; and that the land was the private property of those, from whom he purchased many years before the grant of the charter to the Massachusetts Bay. He further acquainted the Board, that he was ready to lay before them, or whom they pleased, his title to the said land; and their Lordships desired he would shew the same to Mr. Dunbar, which he promised to do accordingly.

Antigua.

Chancery Act.

Their Lordships took again into consideration the Chancery Act of Antigua, and gave some directions for preparing the draught of a report thereupon.

Trade.

Spain.

Losses.

The Secretary then laying before the Board the accounts of the following persons' losses, sustained by the subjects of Great Britain from the Spaniards, which accounts have been authenticated in Doctors' Commons.
The loss of:—
Joseph Sandwell.
Capt. John Tupper.
Abraham Crop.
Solomon Middleton and Company.
Samuel Smith.
Thomas Williams.
The Royal African Company.

Their Lordships gave directions, for inclosing the same to the English Commissaries in Spain.

January 12. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgman, Mr. Brudenell.

Antigua.

Chancery Act.

The Board taking into consideration the draught of a report upon the Chancery Act of Antigua, ordered to be prepared at the last meeting, agreed to consider the same to-morrow morning.

Newfoundland.

Letters and papers from Capt. Osburn.

Capt. Osburn, Governor of Newfoundland, attending, the Board took into consideration and read the following letters and papers, viz:—
A letter from him to the Secretary, dated 8th September, 1730.
A petition from the Justices of Peace, against the Fishing Admirals.
Copy of the Justices of Peace's complaint against the Fishing Admirals.
Mr. Osburn's Order for the Justices of the Peace of the respective districts to act in any part of the Island.
Copies of several petitions against the masters of fishing ships.
State of the garrison at Placentia.

A letter from him to the Secretary, dated the 25th of September, 1730.
Copy of a presentment by the Justices of Peace and principal traders at Ferryland, relating to a levy for building a prison.
The division of the Island of Newfoundland into districts, with the limits of them, and the places wherein the several magistrates reside.
Opinion of three justices of Newfoundland, relating to the appointment of a prison keeper, the fees and allowance to him and the constables on account of prisoners, and about subsistence of the prisoners.

Letters from Lord Vere.

A letter from Lord Vere to the Secretary, dated the 26th of September, 1730.

A letter from Lord Vere, with his answer to queries for the year 1730, in relation to the trade and fishery of Newfoundland.

Depositions, murder of Walter Revel, to be considered.

Two depositions and the Coroner and Jury's verdict upon the murder of Walter Revel at St. Johns'.

And their Lordships resolved to consider further thereof at another opportunity.

Letter from Mr. Keen about the payment for sending over prisoners for murder.

Their Lordships then took into consideration and read a letter from Mr. Keen, dated at Newfoundland, the 27th of October, 1730, relating to some prisoners sent over to be tried for murder; and Capt. Osburn desiring the Board would inform him, how the charge of bringing such prisoners and witnesses to England for trial must be defrayed; he was acquainted that, if he would give the Board an account when they shall arrive, they will write to the Treasury upon this subject.

Memorial and queries from the Justices, sent to Mr. Fane.

Capt. Osburn then presented to the Board a memorial from three of the Justices at Newfoundland to the Governor thereof, stating some difficulties they lye under, with respect to the execution of their commissions; and a paper containing some queries upon that subject, which being read, ordered that the said queries be sent to Mr. Fane, for his answer thereto.

Jamaica.

Letter from General Hunter, with papers,

A letter from Major General Hunter, Governor of Jamaica, to the Board, dated the 1st of October, 1730, was read; and the papers, therein referred to, were laid before the Board, viz:—
An account of the treasure brought from the Spanish wreck by Capt. Laws in the Tryal.
A proclamation relating to the Spanish wreck.

sent to the Duke of Newcastle.

Whereupon a letter, for inclosing copies of the said letters and papers to the Duke of Newcastle, was signed.

January 13. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Antigua.

Chancery Act.

Their Lordships took again into consideration the draught of the report upon the Chancery Act of Antigua, and gave directions that Mr. Fane be desired to attend on Tuesday morning next.

South Carolina.

Order in Council, referring back a paragraph in the Board's report, settling poor people.

An Order of the Committee of Council, dated the 12th inst., referring back to this Board a paragraph in their report, which the petitioners for settling several poor people in South Carolina propose to be altered, was read; and the Board gave directions that Mr. Oglethorpe and the gentlemen concerned in the petition should be desired to attend the Board to-morrow morning.

January 14. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

South Carolina.

Settling poor people

Mr. Oglethorpe, Mr. Hucks, Mr. Heathcote, Mr. Coram and several other gentlemen attending, as they had been desired, their Lordships took again into consideration the Order of the Committee of Council, relating to the settling poor people in South Carolina, read yesterday, and after some discourse with these gentlemen thereupon, a report to the Lords of the Committee was agreed and signed.

Trade Spain.

Loss.

Ship Hannover.

The Secretary then laid before the Board a memorial given to him by Mr. Crookshanks, Secretary to the British Commissaries in Spain, concerning the certificate relating to the losses of freighters of the ship Hannover, taken by the Spaniards, received with the Duke of Newcastle's letter of the 11th of September, 1730, mentioned in the Minutes of the 4th of the last month, which memorandum being read, ordered that a copy thereof be given to the Venetian resident.

January 19. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Antigua.

Chancery Act.

Their Lordships took again into consideration the draught of the representation upon the Chancery Act of Antigua, and made a progress therein.

January 20. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Antigua.

Chancery Act.

The draught of a report upon the Chancery Act of Antigua, mentioned in yesterday's Minutes, was agreed and ordered to be transcribed.

Virginia.

Act, Staple of Tobacco.

A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, to the Secretary, with the opinion of the said Commissioners upon the Virginia Act for amending the staple of tobacco and for preventing frauds in his Majesty's Customs, was read, as likewise the said Act, and their Lordships agreed to consider further thereof on Friday morning.

Miscellanies.

Board not to attend the Council till Monday.

A letter from Mr. Stanyan, one of the Clerks of the Council, to the Secretary, was read; desiring him to acquaint the Board that the meeting of the Lords of the Committee, which was appointed to be to-morrow evening, upon the petitions of the sugar islands, mentioned in the Minutes of the 1st of the last month, was deferred till Monday next, at which time the Board was desired to attend.

January 22. Present:—Mr. Docminique, Mr. Bladen, Mr. Brudenell.

Trade.

Spain.

Losses.

The draught of a letter for inclosing to the Venetian resident Mr. Crookshank's memorial, concerning the certificate relating to the losses of the freighters of the ship Hannover, taken by the Spaniards, received with the Duke of Newcastle's letter of the 11th of September, 1730, mentioned in the Minutes of the 14th inst., was agreed and ordered to be sent.

Virginia.

Act, staple of tobacco.

The Board took again into consideration the letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, read the 20th inst., with their opinion upon the Virginian Act sent to them the 10th of the last month, for amending the staple of tobacco, etc., so far as the said Act relates to the revenue of the Customs, and made a progress in the consideration thereof.

January 26. Present:—Mr. Docminique, Mr. Pelham, Mr Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.

Antigua.

Merchants' memorial, Chancery Act.

A memorial from the merchants trading to Antigua, desiring the confirmation of the Chancery Act of that Island, or that, if the Board have any objection thereto, the merchants may have leave to attend, and be heard by their council, was read; and their Lordships appointed Thursday seven-night for that purpose, in case the merchants should not rather choose to send to the Board in writing, what they might have further to offer.

January 27. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.

New England.

Colonel Dunbar.

Their Lordships took into consideration the draught of a letter, ordered to be prepared the 29th of October last, in answer to Col. Dunbar's several letters, and made a progress therein.

January 28. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

Nova Scotia.

Letter to Colonel Dunbar considered.

Instructions about grants of land.

Their Lordships, taking again into consideration the draught of a letter to Col. Dunbar, mentioned in yesterday's Minutes, made a progress therein; but observing the difficulties Col. Dunbar complains of, by being debarred from granting any land to those who are now desirous to settle in Nova Scotia, until he shall have set apart 300,000 acres for the use of the Royal Navy, their Lordships gave directions for preparing the draught of a report to propose an alteration of the instructions to Col. Phillips and Col. Dunbar in this particular.

New England.

Deposition, ship seized by Colonel Dunbar's people.

The Secretary then acquainted the Board, that Mr. Wilks, agent for the Massachusetts Bay, had left with him the following copy of a deposition, sworn before Sir William Billers by Mr. Pickenden, relating to the seizure of a ship at or near Pemaquid by some people that Col. Dunbar had sent to make settlements there, and the same was read.

January 29. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman.

Antigua.

Letter from Mr. Coleman.

Chancery Act.

Answer.

A letter from Mr. Coleman, dated the 26th inst., excusing the attendance of the merchants, if the Board have no objection to the Chancery Act of Antigua, was read, and an answer thereto was agreed and ordered to be sent.