Journal, March 1737: Volume 46

Journal, March 1737

Wednesday, March 2. Present:—Earl Fitz-Walter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Barbados.

Plantations General.

Mr. Attorney and Solicitor General's opinion upon the state of a case and queries, relating to Governor's power of doing Acts of Government under his private seal, mentioned in the minutes of the 17th ult., was read; and their Lordships resolved to consider further thereof, when any new Governor shall be appointed.

Newfoundland.

Ordered that an extract of the letter from Captain Lee, Governor of Newfoundland, read the 13th of January last, relating to Brigadier Philipps' company at Placentia being without arms, be sent to the Secretary at War.

Montserrat.

St. Eustatia.

Mr. Yeamans.

Mr. Coope.

Col. Thomas.

Mr. Yeamans, agent for Antigua, and Mr. Coope, agent for St. Christophers, attending, acquainted the Board, that the answer to the complaints against Mr. Matthew, Governor of the Leeward Isles, for having seized some Dutch vessels, mentioned in the minutes of the 23rd ult., and which they then promised should be delivered this morning, could not be ready till to-morrow, when they promised to attend again, with the said answer; and their Lordships were pleased to appoint to-morrow for that purpose.

Thursday, March 3. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Plummer.

Montserrat.

St. Eustatia.

Mr. John Sharpe.

Mr. Yeamans.

Col. Thomas.

Mr. Coope.

Mr. John Sharpe, agent for Governor Mathew, attending, according to appointment, as also Mr. Yeamans, agent for Antigua; Mr. Sharpe presented to the Board an answer to the complaints made by M. Hopp, Envoy Extraordinary from the States General, against the said Governor Mathew, for having seized and condemned some Dutch vessels, mentioned in the minutes of the 23rd ult., which answer was now read; as also an attested copy of a letter from Captain Harris, who commands one of the Cruisers commissioned by Governor Mathews, to the said Governor, relating to his having been defied by a vessel of Rhode Island and a French vessel, both from St. Eustatia; their lordships then took this affair into consideration, and gave directions for preparing the draught of a representation to his Majesty upon this subject.

Trade.

Cadiz.

A letter from Sir William Chapman, in answer to one wrote to him the 11th of January last, relating to Consular and National Duties payable at Cadiz, was read; and the draught of a representation upon two letters from the Duke of Newcastle (Secretary of State) relating to this affaire, was agreed to.

Friday, March 4. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Plummer, Sir O. Bridgeman.

Montserrat.

St. Eustatia.

The draught of the representation, ordered yesterday to be prepared, upon the complaints of M. Hopp, in relation to some Dutch vessels seized and condemned at Montserrat, was agreed to.

Tuesday, March 8. Present:—Earl Fitz-Walter, Mr. Plummer, Sir A. Croft, Mr. Pelham.

Trade.

Cadiz.

The representation, in relation to Consular and National Duties, payable at Cadiz, agreed to the 3rd inst., was signed; as also

A letter, for inclosing the same to the Duke of Newcastle.

South Carolina.

Mr. Fane's report, against an Act passed in Carolina, in May, 1736, for ascertaining publick Officers' Fees, was read; and the Board resolved to take the said Act into consideration, on Thursday next.

Ordered that Mr. Fury, agent for the Province, and Mr. John Sharpe, agent for the Patent Officers, have notice to attend at the same time.

Montserrat.

St. Eustatia.

The representation, which was agreed to the 4th inst. upon M. Hopp's memorial, complaining of some Dutch vessels seized and condemned at Montserrat, was signed, as also

A letter, for inclosing the same to the Duke of Newcastle.

Wednesday, March 9. Present:—Earl Fitz-Walter. Mr. Pelham, Sir O. Bridgeman, Mr. Plummer.

Massachusetts Bay.

An order of the Committee of Council, directing the Board to prepare the draught of an additional instruction to Governor Belcher, in pursuance of the Board's report of the 9th ult., relating to paper money, was read, and the Secretary laying before the Board, at the same time, the draught of such an instruction, the same was agreed to; and a report, for inclosing thereof to the Lords of the Committee, was agreed to, and signed.

Bahamas.

Mr. Fane's report upon the state of two cases, sent to him the 16th ult., relating to the estate of a Mulatto, who died intestate, and to some treasure found at Providence, was read.

Ordered a copy of the two cases and of Mr. Fane's opinion, be sent to Mr. Scrope, to be laid before the Lords of the Treasury for their orders thereon.

Thursday, March 10. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Plummer, Sir O. Bridgman.

South Carolina.

Mr. Sharpe in behalf of the Patent Officers in Carolina.

Mr. Morley.

Mr. Fury.

Mr. Morley, Provost Marshal of South Carolina, attending with Mr. John Sharpe, in behalf of the Patent Officers of that Province, as also Mr. Fury, the agent of the Province, the Board take into consideration, and read the Act, upon which Mr. Fane's report was read the 8th inst., to ascertain publick Officers' Fees. And Mr. Sharpe, acquainted the Board, that he apprehended this Act was unnecessary, there having been no complaint made against any of the Officers, whose Fees are mentioned in the Act: that there ought to have been a suspending clause inserted in this Act, it being an Act of an extraordinary nature, and takes away the property of the Patent Officers, whom by institution the Governor is directed to protect.

Mr. Fury then said, that not having received any instruction from Carolina upon the subject of this Act, he was not acquainted with any reasons for passing it, but what are mentioned in the Preamble, and therefore submitted it to the Board.

These gentlemen being withdrawn, orders were given for preparing the draught of a representation to the Lords of the Committee in answer to their order, read the 1st ult., and the draft of a representation for repealing the said Act.

Friday, March 11. Present:—Earl Fitz-Walter, Sir O. Bridgeman, Mr. Plummer, Mr. Pelham.

South Carolina.

The draughts of two reports, one to the king, the other to the Lords of the Committee, ordered yesterday to be prepared, for repealing the South Carolina Act of 1736, for ascertaining publick Officers' Fees, and in answer to the order of the Committee inclosing the Patent Officers' petition against the said Act, were agreed to.

Connecticut.

An order of the Committee of Council of 8th inst., directing the Board to prepare the draught of a Commission of Review, in the controversy between the people of Connecticut, and the Mohican Indians, relating to their bounds, was read; and directions were given that Mr. Attorney General should prepare the draught of such commission, to be laid before the Board.

South Carolina.

The Board, taking into consideration the order of the Committee, read the 8th ult., referring to the Board the petition of Mr. Zouberbuhler, praying for 48,000 acres of land, in South Carolina; ordered that Mr. Zouberbuhler should be directed to attend the Board on Tuesday next at eleven a'clock in the morning.

North Carolina.

A memorial from Mr. Ochs, concerning the Swiss settling in America, but particularly in North Carolina, was read; and

An answer from Mr. Jenner and his friends, who proposed to settle a colony of Swiss in North Carolina, containing some terms, upon which they are willing to settle (received from Mr. Ochs), was read. And the Board desired Lord Fitz-Walter to mention these two papers to the Lords of the Committee, when the Board's report, of the 7th of May, 1736, shall be taken into consideration at the Committee; it appearing by these papers, that the Swiss do not agree to the terms therein proposed, though agreed to by the said Jenner, when the report was made.

Tuesday, March 15. Present:—Earl Fitz-Walter, Mr. Plummer, Sir O. Bridgeman, Mr. Brudenell.

South Carolina.

The two representations, one to the king, and the other to the Lords of the Committee, for repealing the South Carolina Act of 1736, for ascertaining publick Officers' Fees, agreed to at the last meeting, were signed.

Miscellanies.

The Secretary laid before the Board, an account of the incident charges of this office, from Michaelmas, 1736, to Christmas last, amounting to £343 16s. 3½d., and a letter to the Lords of the Treasury, desiring payment thereof, and of the salary due to the Secretary and under officers for the same time, was signed.

Connecticut.

Mr. Mason and Aughquant Johnson, an Indian.

Mr. Mason and Aughquant Johnson, a Connecticut Indian, attending, presented to the Board a petition, praying that no New England or Connecticut inhabitant may be named in the Commission of Review, for the settling of the boundaries between Connecticut and the Mohican Indians; and that Mr. Mason may be appointed Guardian of the said Indians, was read; and the Board agreed to consider further thereof, when the draught of such a commission shall be laid before the Board.

South Carolina.

Mr. Zouberbuhler.

John Vat.

Mr. Zouberbuhler, whose petition for land in South Carolina, was read the 8th ult., attending, as he had been desired, with Mr. Vat, his solicitor, the said petition was again read; and their Lordships had some conversation with them, relating to their intended settlement, and desired Mr. Zouberbuhler to explain in writing the manner in which he intended to settle the said land [v. 26th of April next.]

Wednesday, March 16. (fn. 1) Present:—Earl Fitz-Walter, Sir O. Bridgeman.

Thursday, March 17. Present:—Earl Fitz-Walter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell.

Jamaica.

Mr. Fane's report upon eight Acts, passed at Jamaica in 1736, was read, as also the three following of the said Acts, viz.:—
An Act to explain and enforce the last will and testament of John Wolmer, late of Kingston, Goldsmith, deceased, etc.
An Act to confirm the tale of a house in the town of St. Iago de la Vega, commonly called the Fort House, etc.
An Act to enable David Jones, a minor, etc., to sell the moiety of one thousand acres, etc.

And the Secretary acquainted the Board, that the agent of Jamaica had attended, to desire the Board would please to take the said three Acts into consideration, and lay them before his Majesty for confirmation.

Their Lordships, then taking the said Acts into consideration, gave directions for preparing the draught of a representation for the confirmation thereof.

Nova Scotia.

Letter from Col. Armstrong, Lt. Governor of Nova Scotia, with six papers, relating to two priests sent back from Annapolis Royal to Cape Breton, for having denied the king's authority, but now come back again, were read; and directions were given for sending copies of the above papers to the Duke of Newcastle, to be laid before his Majesty.

Friday, March 18. Present:—Earl Fitz-Walter, Sir O. Bridgeman.

Jamaica.

The representation, ordered yesterday to be prepared, for confirming the three Jamaica Acts, read at the same time, was agreed to and signed.

Tuesday, March 22. Present:—Earl Fitz-Walter, Mr. Brudenell, Mr. Plummer, Sir O. Bridgeman, Mr. Pelham, Col. Bladen.

Trade.

Leeward Islands.

Plantations General.

Letter from the Duke of Newcastle, referring to the Board a paper received from Lord Waldegrave, containing proposals for several regulations for the trade between the English and the French in America, was read, and directions were given that the agents for the Leeward Islands and some New England merchants should attend the Board to-morrow morning.

Leeward Islands.

Two letters from Governor Mathew, one to the Board, and the other to the Secretary, inclosing publick papers and a report of the Justices, who tried several Negroes concerned in the late Conspiracy of the Negroes at Antigua, were read;

Ordered that a copy of Fisher's deposition, inclosed in the above letter from Governor Mathew, relating to sloops seized by a Spanish Guarde-Coste, be sent to the Duke of Newcastle, to be laid before his Majesty.

Nova Scotia.

The draught of a letter, ordered to be prepared the 17th inst., for inclosing to the Duke of Newcastle copies of some papers received from Col. Armstrong, Lt. Governor of Nova Scotia, relating to the French priests in that Province, was agreed to.

Nova Scotia.

Newfoundland.

A letter from Sir William Yonge (Secretary at War) in answer to one wrote to him the 2nd inst., inclosing, for the Board's information, some extracts of letters from and to Brigadier Philipps, to whom the company at Placentia belongs, relating to the state of the said company, was read.

Connecticut.

A letter from the Attorney General, inclosing the draught of a commission of Review, for settling the boundaries between the people of Connecticut and the Mohican Indians, was read, and the Board agreed to consider further thereof to-morrow morning.

Wednesday, March 23. Present:—Earl Fitz-Walter, Mr. Plummer, Sir O. Bridgeman, Col. Bladen.

Trade.

Leeward Islands.

Col. Thomas.

Mr. Yeamans.

Mr. Wilks.

Mr. Spooner.

Mr. Sharpe, Agent for Jamaica.

Mr. Coope, Agent for St. Christophers.

Mr. Yeamans, agent for Antigua, Col. Thomas, one of the Council of that Island, Mr. Wilks, agent for the Massachusets Bay, and Mr. Spooner, etc., attending as they had been desired, the proposals on behalf of the French, for regulating the trade between the English and French in America, read yesterday, were read again; and a copy thereof was given to these gentlemen, and they were desired to consult those concerned, and give the Board in writing such observations as may occur to them, upon this subject, on Friday the 1st of next month.

Leeward Islands.

The letter, ordered yesterday to be prepared, for inclosing to the Duke of Newcastle a copy of Fisher's deposition, relating to some sloops taken by a Spanish Guarde-Coste, was agreed to, and signed.

Nova Scotia.

The letter to the Duke of Newcastle, agreed to yesterday, for inclosing copies of some papers received from Col. Armstrong, Lt. Governor of Nova Scotia, relating to the French priests in that Province, was signed.

Connecticut.

The Board taking again into consideration the draught of a commission of review, for settling the bounds between the people of Connecticut and the Mohican Indians, the Board agreed to propose the Governor and Council of New York and the Governor and Council of Rhode Island, to be appointed the commissioners for this purpose; and gave directions for preparing the draught of a report, for inclosing a draught of the said commission to the Lords of the Committee of Council, in answer to their order, mentioned in the minutes of the 11th inst.

Antigua.

Mr. Coope.

Mr. Sharpe.

Mr. Coope, agent for St. Christophers, attending with Mr. John Sharpe, agent for Governor Mathew; Mr. Coope presented to the Board copies of two addresses from the Council and Assembly of Antigua (approving the conduct of the Governor) to the Governor, which were read; but they appearing to the Board, to be copies of papers, in no way authenticated, ordered they should lye by.

Thursday March 24. Present:—Earl Fitz-Walter, Mr. Plummer, Sir A. Croft, Col. Bladen.

Connecticut.

The report, ordered yesterday to be prepared, for inclosing to the Lords of the Committee, the draught of the Commission of Review, for settling the controversy between the people of Connecticut and the Mohican Indians, with regard to their boundaries, was agreed to and signed.

Jamaica.

Order of the Committee of Council, referring to the Board the copy of an address from the President, Council and Assembly of Jamaica, relating to the bad state of the Island, and copies of other papers, upon the same subject, was read, and orders were given that the agent should attend the Board to-morrow morning.

Friday, March 25. Present:—Earl Fitz-Walter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft, Col. Bladen.

Connecticut.

The Board taking again into consideration the draught of a Commission of Review for settling the controversy between the people of Connecticut and the Mohican Indians, relating to their boundaries, and the report to the Lords of the Committee thereupon, which was yesterday signed, and being of opinion that neither of the Governors of New York, or Rhode Island should be made necessarily one of the Quorum, gave directions for writing to the Attorney General that the alteration may be made accordingly, in the said Commission.

Leeward Islands.

Two letters from Governor Mathew, dated 5th ult., one to the Board, and the other to the Secretary, with two addresses from the Council and Assembly of Antigua, to the Governor, approving his conduct; and a state of the several Councils of the Leeward Isles, were read; and directions were given for sending copies of the said addresses to the Duke of Newcastle.

St. Lucia.

St. Vincent's.

Dominica.

Ordered that a letter be prepared, for inclosing to the Duke of Newcastle, an extract of so much of Governor Mathew's above letter, as relates to the French settlements at Santa Lucia, St. Vincent's and Dominica.

Jamaica.

Two letters from Mr. Gregory, President of the Council and Commander in Chief of Jamaica, dated the 13th and 28th of December last, were read.

Leeward Isles.

Ordered that a letter be prepared for inclosing to the Duke of Newcastle, so much of Mr. Gregory's above letter of the 28th December, as relates to reprizals made by the French of Hispaniola, for vessels seized in the Leeward Isles, belonging to the French, by vessels, commissioned by Governor Mathew.

Jamaica.

Mr. John Sharpe.

Mr. Sharpe, Agent for Jamaica, attending, as he had been desired, the Board took again into consideration, the order of the Committee of Council, read at the last meeting, with an address from the President, Council and Assembly of Jamaica, and other papers, relating to the distressed condition of the Island, and after some discourse with him, thereupon, the Board resolved to consider further thereof, on Tuesday morning next, and desired Mr. Sharpe to attend at the same time.

Saturday, March 26. Present:—Earl Fitz-Walter, Col. Bladen, Sir A. Croft, Mr. Plummer, Mr. Pelham.

Nova Scotia.

Capt. Coram.

The Board take again into consideration the order of the Committee of Council, read the 6th of June, 1735, referring to the Board Capt. Coram's proposals for settling Nova Scotia, and some further proposals for the same purpose from Capt. Coram, read the 15th of July, 1735; their Lordships likewise read the several reports made by this Board since the year 1715, relating to the settlement of this Province, and the Heads of proposals for settling a civil Government in Nova Scotia, mentioned in the minutes of the 6th of April, 1736, and agreed to consider further of this affaire on Tuesday morning next.

Leeward Isles.

Jamaica.

St. Lucia etc.

The draught of a letter, ordered yesterday to be prepared, for inclosing to the Duke of Newcastle, the two addresses from the Council and Assembly of Antigua, to Governor Mathew:— the extract of the letter from Mr. Gregory, Commander in Chief of Jamaica, relating to reprizals made by the French,—and an extract from Governor Mathew, relating to Santa Lucia, St. Vincent's, and Dominica, was agreed to.

Jamaica.

Ordered that an extract of so much of Mr. Gregory's letter, read yesterday, as relates to the state of the Independent Company at Jamaica, be sent to Sir William Yonge, Secretary at War.

Tuesday, March 29. Present:—Earl Fitz-Walter, Mr. Plummer, Sir C. Wager, Mr. Pelham, Col. Bladen, Sir A. Croft.

Nova Scotia.

Sir Charles Wager.

Capt. Coram.

The Board take again into consideration the representation and other papers, relating to the settlement of Nova Scotia, mentioned in the last meeting, and gave some directions for preparing the draught of a report to the Order of the Lords of Committee, read the 6th of June, 1735, referring to the Board the petition of Capt. Coram, for settling this province.

Leeward Isles.

Jamaica.

St. Lucia.

The letter agreed to, at the last meeting, for inclosing to the Duke of Newcastle, the addresses from the Council and Assembly of Antigua, to Governor Mathew,—the extract from Mr. Gregory, relating to ships taken by the French—and an extract from Governor Mathew, relating to the French settlement at Santa Lucia, etc., was signed.

Jamaica.

Mr. Sharpe.

Mr. John Sharpe, agent to Jamaica, attending again, as he had been desired, the Board take again into consideration the Order of the Committee of Council, read the 25th inst., inclosing papers, relating to the distressed condition of Jamaica, and desiring assistance; and asking Mr. Sharpe what he had to propose upon the subject, he said, he had nothing to offer, besides what was mentioned in the said papers.

The Board then gave some directions for preparing the draught of a report to the Lords of the Committee thereupon.

Wednesday, March 30. Present:—Earl Fitz-Walter, Col. Bladen, Sir O. Bridgeman, Sir A. Croft, Mr. Plummer.

South Carolina.

Georgia.

Letter from Col. Broughton, Lt. Governor of South Carolina, inclosing some papers, relating to an intended invasion from the Spaniards, on Georgia, was read; and orders were given for sending copies thereof to the Duke of Newcastle, to be laid before his Majesty.

The above letter to the Duke of Newcastle, was agreed to and signed.

Thursday, March 31. Present:—Earl Fitz-Walter, Mr. Pelham, Sir A. Croft, Sir O. Bridgeman.

Connecticut.

Rhode Island.

New York.

Mr. Attorney General's report, in answer to a letter wrote to him the 25th inst., in relation to the Commission of Review for determining the differences between the people of Connecticut and the Mohican Indians, was read; and ordered that the report, signed the 24th inst., for inclosing the said Commission to the Lords of the Committee, be sent.

Jamaica.

The draught of a report upon an order of the Committee of Council, read the 24th inst., relating to the distressed condition of Jamaica, was agreed to.