Journal, March 1736
Tuesday, March 2. Present:—Earl Fitz-Walter, Mr. Pelham,
Mr. Brudenell, Mr. Plummer, Colonel Bladen, Sir A. Croft.
Mr. Jenner's proposal for settling the 6000 Swiss, mentioned
in the minutes of the last meeting, was again considered.
Ordered that a case be stated to the Attorney and Solicitor
General and their opinion asked, whether a foreigner naturalized
by Act of Assembly in any of the plantations, can thereby claim
the priviledges of natural born subjects in this kingdom, to all
intents and purposes, as if naturalized by virtue of an Act of
Parliament in Great Britain.
Report upon Mr. McCulloch's petition for land in North Carolina,
agreed to the 26th ult., was signed.
Wednesday, March 3. Present:—Earl Fitz-Walter, Colonel
Bladen, Mr. Plummer, Mr. Ashe.
The secretary laying before the Board, the opinion of Sir
Edward Northey in 1702/3, when Attorney General, (Leeward
Islands C. fo. 153), and the opinion of Baron Thomson in 1718/9,
when Solicitor General (New Jersey D. Bun. 88), that no
foreigner, naturalized in the plantations, can thereby claim the
priviledges of a natural born subject in this kingdom; the Board
agreed that the case upon this subject, ordered yesterday to be
laid before the Attorney and Solicitor General, should not be sent.
The Order of the Committee of Council, with the petition of
the merchants of London, Bristol and Liverpool, complaining of
several things, read the 18th ult., was again considered; and the
Board agreed upon several minutes for queries for the merchants
to answer, when they shall attend. [To be reconsidered the 17th
Thursday, March 4. Present:—Earl Fitz-Walter, Mr. Ashe,
Mr. Plummer, Colonel Bladen, Sir O. Bridgeman, Sir A. Croft.
Mr. Samuel Wragg.
Order of the Committee of Council, mentioned in the minutes
of 10th ult., again considered, Mr. William Wragg, the only
surviving partner, mentioned in the deed of copartnership, referred
to in that minute, desires the grant may be made to William
Wragg, and that he will convey to the executors of the other
Affidavit from Samuel Wragg and Deane, relating to the
expence the partners had been at, in erecting saw mills etc.,
Samuel Wragg says the expence was paid by all the partners.
The Board acquainted them, that they could not recommend
to his Majesty to make a grant of the land desired upon the foot
of the petition, as it now stands; but that the Board does insist
that no representation can be made in their favour, unless they
agree to pay a quit rent of 4 shillings proclamation money for
every 100 acres, and that they may upon this foot give to the
Board a paper with proposals of such terms, as they desire to have
a new grant upon, which they promised to do accordingly.
Friday, March 5. Present:—Earl Fitz-Walter, Mr. Brudenell,
Colonel Bladen, Mr. Ashe, Sir O. Bridgeman.
2 letters from Mr. Gregory, President of the Council and
Commander in Chief at Jamaica, dated the 23rd October, 1733,
were read; the other dated 21 November following.
Ordered that such parts of the said letters, as relate to the
independent companies, be sent to the Secretary at War, and
that a letter be prepared accordingly.
A representation proposing Mr. Concanen, Mr. Garbrand and
Mr. Phelp to be Councillors of Jamaica in the room of Messrs.
Ayscough, Pennant and Moore, was agreed to and signed.
Tuesday, March 9th. Present:—Earl Fitz-Walter, Colonel
Bladen, Mr. Brudenell, Sir A. Croft, Mr. Ashe, Sir O.
Two letters from the Duke of Newcastle, dated the 4th and 8th
instant, referring to the Board two extracts of letters from Mr.
Bagshaw, Consul at Genoa, a petition to the king from the English
merchants there, and the Genoese Envoy's reasons for the tax
those merchants complain of, laid upon all the inhabitants of that
place, were read.
Ordered that a letter be wrote to Lord Harrington for a copy of
the letter Mr. Tilson wrote to Mr. Bagshaw, (referred to in the
aforesaid petition), forbidding the English subjects to pay the
Letter from Lord Harrington, inclosing extract from Mr. Titley,
the English Envoy at Copenhagen, relating to a woollen manufacture established there, was read.
Ordered that the draught of a letter be prepared to the Lord
Harrington, in answer to his said letter, and to desire his lordship
will communicate to the Board any new informations he may
procure upon this subject.
The Earl Fitz-Walter then communicated to the Board the
copy of reasons in support of the above mentioned Genoese tax,
prepared by the Genoese Resident, Monsr. Guastalla, which was
The letter to the Secretary at War, with extracts of letters
from Mr. Gregory, Commander in Chief at Jamaica, relating to the
state of the independent companies there, ordered to be prepared
the 5th inst., was agreed to and ordered to be sent.
Thursday, March 11. Present:—Earl Fitz-Walter, Sir O.
Bridgeman, Mr. Plummer, Mr. Ashe, Mr. Brudenell, Colonel
Bladen, Sir A. Croft.
Lord Fitz-Walter communicated to the Board a letter from
Lord Baltimore, promising to send to the Board a set of the
Maryland laws, and it was read.
Letter to Lord Harrington, ordered to be prepared at the last
meeting, for a copy of Mr. Tilson's letter, forbidding the English
factory at Genoa to pay the tax, was agreed to.
Letter to Lord Harrington, in answer to his Lordship's, read
the last meeting, relating to trade and manufactures set up at
Copenhagen, was agreed to.
The Order of the Committee of Council, read the 25th ult.,
referring to the Board Mr. Chitty's petition, in relation to his
contract about rhubarb, was again read.
Mr. Chitty communicated to the Board a paper, which he
called a copy of the contract made with the Court of Russia,
which appeared to be made with Mr. Chitty, exclusive of all
others, and the Czarina engaging to send rhubarb to none else
Mr. Holden and some of Russia Company.
Mr. Holden says that upon Mr. Chitty's application to the
Russia Company a letter was wrote to Mr. Rondeau at Petersburg,
inclosing a copy of Mr. Chitty's memorial upon this subject, a
copy of this letter was read, and Mr. Rondeau's answer, declaring
there was no contract made with Mr. Chitty's agent, Mr. Bardewick.
Mr. Spelman has lived many years in Russia, and says he
believes Mr. Rondeau's state of the affaire is just, and that
any contract, made with the Czarina, must be agreed to by herself.
Mr. Spelman says no contract, agreed to by the High Senate,
is conclusive to the Czarina, unless she agrees to it. Mr. Astell
says it is so.
The Board asked whether any contract made with the Colledge
of Commerce, and agreed to by the High Senate, is conclusive to
Mr. Holden, Mr. Spelman and Mr. Astell say it is not, unless
agreed to by the Czarina.
Mr. Crookshanks says if any contract amounts to above 10,000
rubells, the Colledge of Commerce cannot make it, without the
consent of the High Senate.
Mr. Nettleton says no contract is good without the consent of
the Czarina, if she thinks fit to interpose. He says that rhubarb,
potash and some other things are Crown goods, and her consent
must be necessary in any contract about the Crown goods.
Mr. Chitty is to lay before the Board a state of the case in
writing, with copies of all letters referred to therein.
Mr. Nettleton says further, that when the Russian Minister here
takes security for the performance of any contract with an
English merchant, he always takes it according to a form sent
him from Russia.
Friday, March 12. Present:—Earl Fitz-Walter, Mr. Ashe,
Sir O. Bridgeman, Mr. Pelham, Colonel Bladen.
Letter to Lord Harrington, relating to manufactures set up at
Copenhagen, agreed to yesterday, was signed.
Letter to Lord Harrington, relating to duties imposed at
Genoa, agreed to yesterday, was signed.
Letter from the Duke of Newcastle, relating to consulage duties,
payable at Cadiz, but prohibited by the King of Spain, to be paid
for any goods belonging to the Spaniards, was read; and the Board
agreed to consider further of this letter, when the Duke shall transmit to the Board the letter he expects from the Consul at Cadiz.
Captain Burrington, Mr. Jenner, Mr. Ochs.
Letter from Captain Burrington about the Swiss settlement,
mentioned in the minutes of 2nd instant, was read.
Memorial from Mr. Jenner, in behalf of the Swiss, in answer to the
paper of observations upon their seven proposals, given to Jenner
the 2nd instant, was read; and upon talking with them upon the
subject, they agreed to the several amendments wrote in the
margin in Mr. Popple's hand; Mr. Jenner and Mr. Ochs were
then desired to attend again next Tuesday.
Mr. Chitty and Mr. Strut desire a copy of the reference upon
Chitty's petition about the rhubarb contract, read yesterday; and
they were directed to attend again next Tuesday with the state of
the case, which they yesterday promised to lay before the Board.
Tuesday, March 16. Present:—Earl Fitz-Walter, Mr. Pelham,
Mr. Brudenell, Mr. Ashe, Colonel Bladen, Mr. Plummer.
Mr. Jenner, Mr. Ochs, Captain Burrington.
The Board considered Mr. Jenner's memorial upon the settlement of the 6000 Swiss, read at the last meeting.
Mr. Ochs presents to the Board the extract of a letter from
Switzerland upon the same subject; this was read.
The letter, for inclosing a copy of Jenner's proposal to the
Governor of North Carolina, ordered to be prepared the 27th ult.,
was agreed to and ordered to be transcribed.
Draught of report to the Commissioners of Council, ordered to
be prepared the 17th ult., was again considered and agreed to.
Mr. Strut presents to the Board the case of Mr. Chitty, as
mentioned in the minutes of the last meeting, and six papers
therein referred to, vizt., a copy of the contract; Mr. Chitty's
affidavit with his security; of Baron Shaffirof's letter to Mr.
Bardewick; of Mr. Felthusen's affidavit; of Mr. Barnewell's
affidavit; of Mr. Rondeau's letter to Mr. Holden.
To be again considered the 13th of April.
Mr. Chitty desires the Board to defer making any report upon
his said petition, till this day three weeks; and the Board agreed
upon this day month for Mr. Chitty to attend again, in order then
to lay before the Board such further lights, as he says he expects
from his correspondent in Russia.
Ordered that Mr. Holden, Governor of the Russia Company, be
desired to attend the Board any morning to be acquainted with
the reasons why the Board defer making their report for a month.
Wednesday, March 17. Present:—Earl Fitz-Walter, Mr.
Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.
To be considered again the 31st inst.
The Order of the Committee of Council upon the petition of the
merchants of London, Bristol and Liverpool, complaining of
several matters therein contained, which the Board resolved on
the 3rd instant, to consider on this day, was laid before the Board,
and their lordships resolved to consider further thereof on Wednesday the 31st instant.
Draught of a report to the Lords of the Committee of Council,
upon the petition of the Jews against the tax imposed on them in
Jamaica, agreed to the 26th inst., being again considered, their
lordships gave directions for preparing the draught of an instruction, pursuant to the said report, to be inclosed in it.
Report to the Committee of Council, ordered to be prepared the
17th ult., proposing the repeal of the New England Act for
preventing the currency of New Hampshire bills, was signed.
An Act for enabling Mary Howell to sell land for the payment of
the debts of her husband, etc., passed at Jamaica in May, 1735, was
read, as likewise Mr. Fane's report in favour thereof (Jam. V. 5);
and the secretary acquainting the Board that application was made
to their lordships by an agent of the said Mary Howell, directions
were given for preparing the draught of a representation proposing
to confirm the same.
To be considered again the 25th inst.
Letter from Lord Harrington, in answer to one wrote to him
the 11th inst., desiring a copy of any letters wrote by Mr. Tilson
to the Consul of Genoa, forbidding the factory there to pay the
tax imposed there etc., was read; and the Board taking again
into consideration the letter from the Duke of Newcastle, referring
to the Board several papers upon this subject, read the 9th inst.,
gave directions for appointing some Genoa merchants to attend
the Board on Thursday the 25th inst.
Thursday, March 18. Present:—Earl Fitz-Walter, Mr.
Pelham, Colonel Bladen, Mr. Brudenell, Sir O. Bridgeman,
The draught of instructions to the Governor, to be inclosed in the
representation upon the Jews' petition against the tax imposed on
them in Jamaica, ordered yesterday to be prepared, was agreed
to; and the representation to the Committee of Council, inclosing
the same, was signed.
Representation, proposing the confirmation of Howell's Act,
ordered yesterday to be prepared, was agreed to and signed.
Letter from Major Gooch, Governor of Virginia, dated the 5th
of November last, signifying that commissioners were agreed
upon to set out the bounds of Lord Fairfax's patent, was read;
ordered that an answer be prepared thereto.
Order to the Committee of Council, directing an instruction to
be prepared for the Governor of New England, not to exempt
Quakers singly, but all Protestants, from paying to the support
of any ministers but their own, was read; ordered that all Acts
and other papers, relating to this subject, be laid before the
Board next Wednesday morning, when the Board resolve to
consider further of it. The Board then adjourned till Tuesday
Tuesday, March 23. Present:—Earl Fitz-Walter, Mr. Pelham,
Mr. Ashe, Sir A. Croft, Colonel Bladen.
Mr. Paris desires the Board will as soon as possible make their
report upon the Order of the Committee of Council, read the
18th ult., directing the Board to propose names of commissioners
to settle the bounds between the two provinces; and that three of
those named may be a quorum; and the Board agreed to propose
the names of the five eldest councillors in the Provinces of Nova
Scotia, New York and New Jersey, and that the five, who are
now eldest councillors in Rhode Island, be nominally proposed.
Mr. Jenner desires the Board will report upon the petition for
settling the 6000 Swiss, mentioned the 16th inst.; and the Board
taking his petition, mentioned in the minutes of 16th inst., into
consideration, gave directions that Mr. Jenner should attend the
Board again to-morrow morning.
Captain Coram desires the Board to appoint some day for
considering his proposals for settling Nova Scotia, mentioned in
the minutes of the 9th of January last, and the Board appointed
this day sennight.
Wednesday, March 24. Present:—Earl Fitz-Walter, Mr.
Pelham, Sir O. Bridgeman, Mr. Ashe, Mr. Plummer.
Upon talking with Mr. Jenner, Captain Burrington and Mr.
Ochs concerning the quantity of land to be granted to them, they
agreed to ask no more than 1000 acres for a gentleman, who should
keep three men servants, and 400 acres only for a common man
or peasant and his family.
The Board taking into consideration the order of the Committee
of Council, read the 18th inst., directing the Board to prepare
an instruction to the Governor not to give his assent to any Act
for exempting Quakers singly from paying to the support of
ministers, resolved to consider of this affair at another opportunity.
Thursday, March 25. Present:—Earl Fitz-Walter, Mr.
Pelham, Mr. Brudenell, Mr. Plummer.
Order of the Committee of Council, referring to the Board 17
Acts, was read, and ordered that the said Acts be sent to Mr.
Fane for his opinion upon such of them, as he has not already
reported upon, but particularly upon that granting rates and
duties etc., by which Canary wine is permitted to be imported,
contrary to the Acts of Trade.
Mr. Loubière, Mr. Busier.
The two letters from the Duke of Newcastle, read the 9th
inst., and the letter from Lord Harrington, read 17th inst.,
relating to a duty laid on the inhabitants at Genoa, were again
Mr. Loubière says that all inhabitants of the city are liable to
taxes, but that those, who live in the Porto Franco, are not
subject to any duty.
They both say that they have heard no complaints against
any tax; and that the Doge and Senate cannot lay any tax in
the Porto Franco; they have talked with the merchants trading
there, and they cannot hear anything concerning this tax;
ordered that a letter be wrote to Mr. Bagshaw, the Consul at
Genoa, with certain queries upon the subject of this tax, and to
desire he will send over copies of any subsisting treaty between
England and Genoa since 1721, if there are any such, and the
statutes of the Porto Franco there.
Friday, March 26. Present:—Earl Fitz-Walter, Mr. Pelham,
Mr. Ashe, Colonel Bladen.
Draught of report, ordered to be prepared the 23rd inst., with
the names of persons proper to be appointed Commissioners to
set out the boundary lines between the Massachusets Bay and
New Hampshire, was agreed to.
Letter from Mr. Partridge, agent for Rhode Island, with a list
of the councillors of that colony in 1734, was read; and directions
were given for inserting the first five names in the above report.
Mr. Holden, attending, as he had been desired, the 16th inst.,
was acquainted that Mr. Chitty having desired the consideration
of his petition might be deferred for a month from that day, on
account of his expecting some papers from Russia, the Board had
agreed thereto, and that the 13th of the next month was the day
Tuesday March 30. Present:—Earl Fitz-Walter, Mr. Pelham,
Mr. Ashe, Colonel Bladen, Sir A. Croft, Mr. Plummer.
The secretary acquaints the Board that Mr. Lanham, a clerk in
this office, was dead, and Colonel Bladen recommended to the
Board Mr. Thomas Hill to supply the vacancy of a clerk's place
occasioned thereby; which being agreed to by the Board, he was
appointed accordingly; ordered that the other clerks to receive
salary according to their several ranks, vizt.,
Captain Coram and many of the proposed settlers.
Captain Coram's proposals for the settlement of Nova Scotia
and Cat Island, (one of the Bahamas) [Nova Scotia E 24 and 25],
Mr. How says that within two weeks last past he came from
Canço, where he followed the fishing trade for ten years past;
he says there are about 6000 French in Nova Scotia, men, women
and children; there are about 100 vessels employed in the
fishery, of which not above five or six from England, the rest from
New England; that the French at Cape Breton have about 300
fishing vessels and three men of war; two of them are constantly
upon the Banks during the fishing season and the other remains
in Louisburg; this last about 40 guns, and the other two about
60 or 70; the French do sail up the St. Lawrence, but the
navigation is very dangerous; their men of war do sail sometimes
up that river; the regiment does not want above 10 men to be
Captain Coram says, he does not doubt being able to raise
money sufficient to carry on this settlement (without asking
anything of the Crown) from some cities and towns in England.
Ordered that the secretary do prepare a state of government
under trustees for this proposed settlement, to be laid before
Wednesday, March 31st. Present:—Earl Fitzwalter, Mr.
Pelham, Mr. Ashe, Sir A. Croft, Colonel Bladen.
Incidental accounts, from Christmas last to Lady Day, being
laid before the Board, a letter, for inclosing the same to the
Treasury, was agreed to and signed.
The letter to Mr. Bagshaw, Consul at Genoa, ordered to
be prepared the 25th inst., was agreed to, and ordered to be
The order of the Committee of Council, with the petition of
the merchants of London, Bristol and Liverpool, complaining
of several matters therein contained, which the Board on the
17th inst. resolved to have considered as this day, was again
postponed to next Tuesday.
The Board, taking into consideration the draught of a representation, ordered to be prepared upon Mr. Jenner's proposals,
for settling the 6,000 Swiss in North Carolina, mentioned in the
minutes of the 24th inst., made a progress therein, and ordered
that Mr. Jenner and Mr. Ochs be directed to attend thereupon
on Friday morning next.