Journal, May 1737
Volume 46

Sponsor

Institute of Historical Research

Publication

Author

K. H. Ledward (editor)

Year published

1930

Pages

177-188

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'Journal, May 1737: Volume 46', Journals of the Board of Trade and Plantations, Volume 7: January 1735 - December 1741 (1930), pp. 177-188. URL: http://www.british-history.ac.uk/report.aspx?compid=81671 Date accessed: 20 April 2014. Add to my bookshelf


Highlight

(Min 3 characters)

Journal, May 1737

Tuesday, May 3. Present:—Earl Fitz-Walter, Col. Bladen, Mr. Plummer, Sir O. Bridgeman, Sir A. Croft, Mr. Pelham.

South Carolina.

Georgia.

Mr. Fury.

Mr. Paris.

Mr. Fury, agent for South Carolina, attending; as also Mr. Paris, for the Georgia trustees; Mr. Paris desired the Board would please to appoint a short day for considering the orders from the Committee of Council, referring to the Board a petition from the Council and Assembly of South Carolina, complaining against the magistrates of Georgia, mentioned in the minutes of the 1st of February last; as also the order of the Committee of Council, referring to the Board a petition of the Georgia trustees, complaining against the Lieut. Governor, Council and Assembly of South Carolina, for opposing the execution of an Act passed by the trustees for maintaining peace with the Indians, mentioned in the minutes of 24th of February last, and the Board appointed Thursday, the 12th inst., for hearing all parties upon the subject of both petitions, and desired they would be ready by that time. [v. 10th inst.]

South Carolina.

The draught of the report to the Lords of the Committee, mentioned in the minutes of the 28th ult., upon Mr. Zouberbuhler's petition, praying for land, whereon he proposes to make a settlement of foreign Protestants, in two years, from the 1st of October next, was agreed to.

Nova Scotia.

postponed.

A petition from Mr. Sacheverell, praying the Board will consider of and report upon his petition praying for a tract of land in Nova Scotia, mentioned in the minutes of 21st ult., was read; and the Board agreed to postpone the consideration of this petition, until some resolution shall be taken upon the Board's report of the 21st ult. upon Capt. Coram's petition and proposal for settling the whole province.

Trade.

Denmark.

Letter from Lord Harrington, referring to the Board, the extract of a letter from Mr. Titley, resident from this kingdom at Copenhagen, and an old Ordinance, published in Denmark in 1682, prohibiting the importation of salt, was read.

Barbados.

Letter from Mr. Dottin, President of the Council and Commander in Chief of Barbados, dated 28th of February last, inclosing three Acts, and the Treasurer's Account, was read.

Ordered that the said Acts be sent to Mr. Fane, for his opinion thereupon, in point of law.

Wednesday, May 4. (fn. 1) Present:—Earl Fitz-Walter, Col. Bladen.

Thursday, May 5. Present:—Earl Fitz-Walter, Col. Bladen, Mr. Plummer.

South Carolina.

The report to the Lords of the Committee, upon the petition of Mr. Zouberbuhler, praying to make a settlement in South Carolina upon the Savannah River, agreed to the 3rd inst., was signed.

Friday, May 6. Present:—Earl Fitz-Walter, Col. Bladen, Sir O. Bridgeman, Mr. Plummer.

South Carolina.

Georgia.

Mr. Fury.

Mr. Fury, Agent for South Carolina, attending, acquainted the Board that the Counsel he had retained to appear in behalf of the Province, on Thursday next, according to the Board's appointment of the 3rd inst., could not then possibly attend; he desired the Board would please to defer the consideration of the affair to Thursday, the 19th inst.

Ordered that the solicitors, in behalf of South Carolina and Georgia, have notice to attend upon this subject on Tuesday morning next, and that Mr. Fury do then make this proposal to the Board.

Trade.

Denmark.

Sweden and Turkey.

A letter from Lord Harrington, referring to the Board some further papers, relating to the prohibition of salt, etc., into Denmark; and the extract of a letter from Mr. Finch, dated at Stockholm, inclosing the draught of a Treaty of Commerce between Sweden and the Ottoman Porte, was read;

Ordered that the above-mentioned draught of the Treaty be translated into English.

Tuesday, May 10. Present:—Earl Fitz-Walter, Col. Bladen, Mr. Plummer, Mr. Pelham.

Bermuda.

Two letters from Capt. Pitt, one to the Board, the other to the Secretary, both dated the 25th of March last, inclosing two Acts, and several publick papers, and desiring leave to come home, were read.

A letter to the Duke of Newcastle, for inclosing an extract of Capt. Pitt's said letter, was agreed to, and signed.

Ordered that the above two Acts be sent to Mr. Fane for his opinion, in point of law.

Trade.

Denmark.

Norway.

Letter from Mr. Davie, Secretary to the Salt Office, inclosing an account of salt exported to Denmark and Norway, for five years, from this kingdom, was read.

South Carolina.

Georgia.

Mr. Fury.

Mr. Sharpe.

Mr. Paris.

Mr. Fury, agent for South Carolina, attending, as he had been desired, with Mr. Sharpe, his solicitor, as also Mr. Paris, solicitor for the Georgia trustees; Mr. Sharpe desired that the hearing appointed for next Thursday, between South Carolina and Georgia, may be deferred to the Thursday following; and the Board agreed thereto, and ordered that all parties should attend on that day, at ten o'clock in the morning.

Trade.

Sweden.

Turkey.

The draught of a Treaty between Sweden and Turkey, ordered at the last meeting to be translated, was read, with the translation thereof, and directions were given for sending a copy thereof to the Turkey Committee for any observations they may have to make thereupon.

Trade.

Denmark.

Norway.

Ordered that the draught of a representation be prepared upon the extracts from Mr. Titley, referred to the Board by two letters from Lord Harrington, read the 26th ult. and 6th inst., relating to the prohibition of salt exported from this kingdom to Denmark.

Wednesday, May 11. Present:—Earl Fitz-Walter, Mr. Ashe, Mr. Brudenell, Sir A. Croft, Mr. Plummer, Mr. Pelham.

Trade.

Denmark.

Norway.

The Board take into consideration the draught of the representation, ordered yesterday to be prepared, upon the Danish prohibition of salt, etc., and made a progress therein.

Nevis.

Mr. Thomas Trueman.

Mr. Thomas Trueman attending, and his Power of Attorney from Ephraim Musketa, one of the sufferers by the French invasion at Nevis, being examined at the Board, the Debenture No. 510 for £3 11s. 4d. was delivered to him.

Thursday, May 12. Present:—Earl Fitz-Walter, Col. Bladen, Mr. Brudenell, Mr. Plummer, Mr. Pelham.

Trade.

Denmark.

Norway.

Pennsylvania.

Maryland.

The draught of the representation, mentioned in yesterday's minutes, upon the Danish prohibition of salt, was agreed to.

An order from the Committee of Council, referring to the Board a petition from Lord Baltimore, proprietor of Maryland, praying that the three lower counties of Pennsylvania may be put under a separate Governor from that of Pennsylvania, and several other papers, relating to a late disturbance that happened on the borders of Pennsylvania, was read; and the Board agreed to take these papers into further consideration, to-morrow morning.

Friday, May 13. Present:—Earl Fitz-Walter, Col. Bladen, Mr. Plummer.

Trade.

Denmark.

Norway.

The representation, agreed to yesterday, upon the Danish prohibition of salt, etc., was signed, as also a letter, for inclosing the same to the Lord Harrington, Secretary of State.

Pennsylvania.

Maryland.

The Board then took again into consideration the order of the Committee, relating to the appointment of a Governor for the three lower counties, and to some disputes between the Provinces of Pennsylvania and Maryland, and disturbances lately happened there; and gave directions that Lord Baltimore, proprietor of Maryland, and Mr. Penn, proprietor of Pennsylvania, be desired to attend the Board with their solicitors on Tuesday next, at eleven o'clock in the morning.

Trade.

Plantations General.

The Secretary laid before the Board, the extract of an anonymous letter to Sir William Yonge, Secretary at War, relating to the importation of foreign linens and foreign refined sugar, into some of our American Colonies; and the same was read, and their lordships resolved to consider further thereof.

Tuesday, May 17. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Plummer, Mr. Brudenell, Mr. Ashe.

Maryland.

Pennsylvania.

Lord Baltimore.

Mr. Penn.

Mr. Sharpe.

Mr. Paris.

Col. Thomas.

Mr. Partridge.

Lord Baltimore, proprietor of Maryland, attending with Mr. Sharpe, his solicitor, as also Mr. Penn, proprietor of Pennsylvania, with Mr. Paris, his solicitor, as also Col. Thomas, recommended to be Governor of Pennsylvania and the three lower counties, the Board took again into consideration the order of the Lords of the Committee, read at the last meeting, relating to the appointment of a Governor of Pennsylvania and the three lower counties, and to some disputes and disturbances that lately happened between Pennsylvania and Maryland; and Mr. Paris desired the Board would please to consider the appointment of a Governor of the three lower counties, separate from the other matters referred to the Board by the aforesaid order, some matters of right relating thereto, now depending before the Court of Chancery; to this Mr. Sharpe objected, and desired that all matters might be considered together; but the Board considering this affaire, appointed Thursday, the 26th inst., for hearing all parties, relating to the appointment of a Governor only.

New England.

A reference from the Duke of Newcastle, upon the petition of Mr. Shirley, the king's Advocate General, praying some salary may be allowed him for the said place, was read; and directions were given that Mr. Paris, solicitor for the Petitioners, should attend the Board to-morrow morning, when the Board resolve to take this matter into further consideration.

Wednesday, May 18. Present:—Earl Fitz-Walter, Mr. Pelham, Sir A. Croft, Mr. Plummer.

New England.

Mr. Paris.

Mr. Yeamans.

The Board, taking again into consideration the reference from the Duke of Newcastle, read yesterday, upon Mr. Shirley's petition; and Mr. Paris, his agent, attending, as he had been desired, as also Mr. Yeamans, agent for Antigua, who gives Mr. Shirley a very good character, Mr. Paris produced to the Board a copy of Mr. Shirley's Commission, and read a letter from Mr. Belcher, Governor of the Massachusets Bay and New Hampshire, in behalf of Mr. Shirley, which papers being read, the draught of a representation in favour of Mr. Shirley's petition, was agreed to.

Plantations General.

Letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, returning the draught of the Institutions for Trade, with some remarks made thereon, by the Commissioners, was read, and the Board agreed to take the same into their consideration, when any new Governor shall be appointed.

Thursday, May 19. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Brudenell, Mr. Plummer, Mr. Ashe, Sir A. Croft.

South Carolina.

Georgia.

Earl of Shaftesbury.

Mr. Oglethorpe.

Mr. Vernon.

(Mr. Clarke, Mr. Murray, Counsel)

Mr. Fury.

Mr. Solicitor General.

Mr. Brown, Counsel.

Mr. Sharpe.

Mr. Paris.

The Board take again into consideration the two orders of the Committee of Council, read the 14th of December and 24th of February last, referring to the Board two petitions from South Carolina and Georgia; the first complaining of several obstructions given to the trade of South Carolina by the persons employed in the Government of Georgia, the latter complaining of the Governor, Council and Assembly of South Carolina, for having opposed the execution of an Act approved by His Majesty for maintaining peace with the Indians in the Province of Georgia, and for having passed an ordinance for asserting and maintaining the right and privileges of His Majesty's subjects of this Province of South Carolina, to a free, open and uninterrupted trade with the Creek, Cherokee and other nations of Indians, etc., in contempt of the said Act. And the Earl of Shaftesbury, Lord Talbot, Lord Carpenter, Messrs. Archers, Mr. Digby, Mr. Holland, Mr. Hucks, Sir William Heathcot, Mr. Moore, Mr. Oglethorpe, Mr. Vernon, and several of the trustees for the Colony of Georgia attending, according to appointment, with Mr. Clarke and Mr. Murray, their Counsel, as also Mr. Fury, agent for South Carolina, with Mr. Solicitor General Strange, and Mr. Brown, Counsel in behalf of the said Province.

Mr. Strange opened the complaints of South Carolina against the persons in the Government of Georgia, by representing:

That the Province of South Carolina, ever since the first settlement thereof, had enjoyed a free, open and uninterrupted trade with all their neighbouring Indians; and the free navigation of the River Savannah.

That before the Colony of Georgia was established the Assembly of Carolina had passed laws for the regulation of the trade with the Indians, and for obliging all persons trading with them from that Government to take licences for that purpose.

That the law, lately passed in Georgia for this purpose, was to the same effect; and as the people of Georgia had taken upon them to determine what nations of Indians were within the limits of their Patent, they had interrupted the Carolina Indian traders from trading with the Creek and Cherokee Indians, because they had taken no licence from Georgia for that purpose.

South Carolina.

Georgia.

That no Act, passed by the Georgia trustees, can take away the right of his Majesty's subjects in South Carolina, of trading with any nations of Indians, in friendship and allied to the English; that the Crown cannot grant an exclusive trade; he instanced the African company, whose Charter was for that reason taken away, and added that the exclusive trade enjoyed by the East India Company, was granted to them by Act of Parliament.

That in the year 1711, the people of Carolina had made a like attempt by passing an Act to exclude the people of Virginia trading with the Carolina Indians, without taking licences from Carolina; but that this Act had been repealed, because it laid this hardship upon the Virginia traders.

That as the Crown of Great Britain had at times thought fit to make Treaties of peace and Commerce with these Indian Nations, they were reckoned as allies and not subjects, and that therefore no Act of Georgia can prevent those Indians from enjoying that trade with his Majesty's subjects, as stipulated by that Treaty.

That with regard to the Savannah River, it neither was, nor could be granted in the Georgia Patent, because it was mentioned therein as the Northern Boundary to that province.

That it was the way by which the people of Carolina supplied several of their own settlements upon the Northern banks thereof.

That in the eye of the law, every navigable river is deemed a High way, and that nothing but an Act of Parliament can take away the right of a highway from any of the king's subjects; and that there is no colour for this pretended exemption in the Georgia Charter.

That although the Trustees for Georgia may have thought fit to prohibit the use of rum within the said province, yet that could be no reason for molesting the traders from South Carolina in the navigation on the Savannah, with rum and provisions for the Indians, their settlements, and the Garrison at Old Savannah, all on the North side of the River; That the vessels, lately stopped by the Georgia people, were carrying provisions for these settlements.

That he apprehended this pretence to an exclusive right to the said river, might be intended to prevent any of the Indians having rum; because should the Indians within the limits of Georgia once know, that they might have rum from the Carolina traders, and are refused it from the traders of Georgia, it might turn the course of their trade from Georgia to Carolina. That as it was impossible to carry on any trade with the Indians without rum, should the Indians be debarred from rum, both from Georgia and South Carolina, it might occasion the Indian trade falling entirely into the hands of the French or Spaniards.

That with regard to the Ordinance lately passed in South Carolina, for asserting and maintaining the right and privileges of His Majesty's subjects of this province of South Carolina to a free, open and uninterrupted trade with the Creek, Cherrokee and other nations of Indians, etc. He begged leave to observe, that it was not passed for the purposes mentioned in the Petition of the Georgia trustees, but only to indemnify, at the publick charge, such of the Indian traders from Carolina, as may be affected in their property, for prosecuting a trade, to which he conceived they had an undoubted right.

South Carolina.

Georgia.

The aforesaid Act, passed in Carolina the day of July, 1711, for laying a duty of skins exported, etc., as also the Board's report of the 19th day of December, 1712, and the order of Council of the day of, for repealing the same, were then read, as also some affidavits shewing that some officers from Georgia had seized the goods and otherways molested the Indian traders from South Carolina.

The Board then proposed going on with this affaire to-morrow morning, but the Council being engaged every day before the Holy days, Monday, the 6th of next month, was appointed for this purpose, and all parties were desired to attend.

New England.

The representation upon the petition of Mr. Shirley, Advocate General of New England, praying for a salary, agreed to yesterday, was signed, as also

A letter, inclosing the same to the Duke of Newcastle

Trade.

Plantations General.

A letter from the Duke of Newcastle, referring to the Board a letter from Lord Waldegrave, containing proposals from the French ministers, for regulating the American trade, was read, and the Board agreed to take the same into consideration to-morrow morning.

Friday, May 20. Present:—Earl Fitz-Walter, Mr. Brudenell, Mr. Plummer, Sir A. Croft, Col. Bladen, Mr. Ashe, Mr. Pelham.

Trade.

Plantations General.

The letter from the Duke of Newcastle, with the copy of a letter from Lord Waldegrave, upon the subject of the French propositions for regulating the trade between the English and French in America, which was read yesterday, were again considered; and orders were given for sending an extract of the said letter to the agents of Jamaica, Barbados, the Leeward Islands and New England, and to desire they will consult the several persons concerned, and make as speedy return as possible.

Ordered that the edict of 1727 be translated into English.

Tuesday, May 24. Present:—Earl Fitz-Walter, Mr. Pelham, Mr. Brudenell, Mr. Plummer, Mr. Ashe, Col. Bladen.

Newfoundland.

Nova Scotia.

Letter from Mr. Burchet, signifying to the Board that the same ships are intended to protect the fishery at Newfoundland and Canco this year, as went the last, was read; and directions were given for writing to Mr. Burchet, to acquaint him that the Board have no additions to make to the queries sent last year in relation to the fishery.

The following copies of nineteen Orders in Council, were read, viz.:—

Montserrat.

Copy of an Order in Council, dated the 19th January, 1736–7, approving a representation of this Board, proposing Messrs. Roynon and Fenton to be of the Council of Montserrat.

St. Christophers.

Copy of an Order in Council, dated the 21st February, 1736–7, approving a representation of this Board, for the confirmation of an Act, passed at St. Christophers, for settling the Bounds of Parishes, etc.

Antigua.

Copy of an Order in Council, dated 21st April, 1737, upon a petition of the agent of Antigua for an additional force being sent to that island, dismissing the same.

Leeward Islands.

Copy of an Order in Council, dated the 21st April, 1737, upon a report of the Lords of the Committee on a report of this Board, relating to a French Edict and an Act of Montserrat for preventing illicit trade between the French and British subjects.

Barbados.

Copy of an Order in Council, dated the 9th February, 1736–7, approving a representation of this Board, proposing Mr. Thomas Harrison to be a member of the Council of Barbados.

Copy of an Order in Council, dated the 17th March, 1736–7, approving a representation of this Board, proposing Mr. John Maycock to be a member of the Council of Barbados.

Copy of an Order in Council, dated 31st March, 1736–7, approving a representation of this Board for the repeal of an Act, passed at Barbados, concerning the surveying of land.

Jamaica.

Copy of an Order of Council, dated 21st April, 1737, approving a representation of this Board for confirming an Act, passed at Jamaica, for sale of a house at Iago de la Vega called the Fort House, and to secure the title of the present owners under that sale.

Copy of an Order in Council, dated the 21st April, 1737, approving a representation of this Board for confirming an Act, passed at Jamaica, to enable David Jones, a minor, to sell land to pay debts.

Copy of an Order in Council, dated the 21st April, 1737, approving a representation of this Board, for confirming an Act, passed at Jamaica, to explain the last will of John Wolmer, giving a donation to establish a Free School in the Town of Kingston.

Massachusetts.

New Hampshire.

Copy of an Order in Council, dated the 31st March, 1737, approving the draught of a commission, for settling the boundaries between the provinces of the Massachusets Bay and New Hampshire.

Massachusetts.

Copy of an Order in Council, dated the 21st April, 1737, approving the draught of an additional instruction to the Governor of the Massachusets Bay, restraining him from passing Acts for increasing paper money in the manner prepared by this Board.

Copy of an Order in Council, dated the 21st April, 1737, approving a representation of this Board, for confirming several Acts, passed at the Massachusets in 1733 and 1734.

New York.

Copy of an Order in Council dated the 21st April, 1737, dismissing Mr. Stork's petition for a tract of land on the Mohawks River in the province of New York.

Connecticut.

Copy of an Order in Council, dated the 21st April, 1737, approving a representation of this Board, with the draught of a commission of review of the lands claimed by the Mohican Indians in the colony of Connecticut.

Trade.

Genoa.

Copy of an Order in Council, dated the 21st February, 1736–7, upon a representation of this Board, relating to a new tax laid upon all natives and foreigners at Genoa.

South Carolina.

Copy of an Order in Council, dated the 21st April, 1737, approving a representation of this Board for the repeal of an Act, passed in South Carolina, for ascertaining Publick Officers' fees.

Bermuda.

Copy of an Order in Council, dated 19th January, 1736–7, approving a representation of this Board, proposing Messrs. Burrows and Spofferth to be members of the Council in Bermuda.

Virginia.

Copy of an Order in Council, dated the 21st February, 1736–7, approving a representation of this Board for the confirmation of an Act, passed at Virginia, to vest certain lands in Charles Tomkies, Gentleman, and to settle other lands to the same use.

St. Christophers.

Mr. Thomas Trueman attending, and his power of Attorney from William Palmer, Administrator of all the goods and chattels, rights and credits of William Berriman, late of St. Christopher's, planter, deceased, one of the sufferers by the French Invasion at Nevis in 1705–6, being examined at the Board, the Debenture numbered 663 for £35 10s. 6d. was delivered to him.

Wednesday, May 25. Present:—Earl Fitz-Walter, Mr. Ashe, Mr. Plummer, Col. Bladen.

South Carolina.

The Secretary acquainted the Board, that Mr. Abercrombie, who was to have attended the Board this day, upon the subject of his petition, which was read yesterday, was out of town, the Board agreed to postpone the consideration thereof.

Newfoundland.

Nova Scotia.

The letter, ordered yesterday to be prepared, to Mr. Burchet, in relation to the heads of inquiry concerning the fishery at Newfoundland and Can¸o, was agreed to and ordered to be sent.

The Secretary laying before the Board the translation of the French Edict of 1727, ordered to be made the 20th instant, the same was read and considered.

Thursday, May 26. Present:—Earl Fitz-Walter, Mr. Pelham, Col. Bladen, Mr. Brudenell, Mr. Plummer, Mr. Ashe.

Pennsylvania.

Maryland.

Lord Baltimore.

Mr. Hamilton.

Mr. John Sharpe.

Messrs. John, Thomas and Richard Penn.

Sergeant Eyres.

Mr. Murray.

Mr. Paris.

The Lord Baltimore, proprietor of Maryland, attending, according to appointment, with Mr. Hamilton, his Counsel, and Mr. John Sharpe, his solicitor, as also Messrs. John, Thomas and Richard Penn, proprietors of Pennsylvania, with Mr. Serjeant Eyres, and Mr. Murray, their Counsel, and Mr. Paris, their solicitor, and a great number of the Quakers interested in, and trading to, the said province, as also Col. Thomas, nominated Governor of Pennsylvania and the three lower counties; the Board took again into consideration and read the order of the Committee of Council, mentioned in the minutes of the 12th instant, referring back to the Board their report of the 21st of the last month, upon the representation of John, Thomas and Richard Penn, recommending, for his Majesty's approbation, George Thomas, Esqr., to be Deputy Governor of Pennsylvania and the three lower counties; as also a petition from my Lord Baltimore, praying that his Majesty will please to nominate the Governor for the three lower counties; and a petition from the president, Council and Assembly of Pennsylvania, upon some disputes relating to the boundaries between that Province and Maryland.

Pennsylvania.

Maryland.

Mr. Hamilton, Counsel for my Lord Baltimore, opened the nature of his lordship's petition, by reciting the bounds mentioned in his patent, within which, not only Maryland but the three lower counties are included;—That difficulties between the two Provinces having long subsisted, about their bounds, an agreement was made in the year 1732—between Lord Baltimore and Messrs. Penn, for the settlement thereof, and fixing their bounds; which agreement was nevertheless to be void, if the lines were not run within a year from the date thereof; that the said lines not having been run, the agreement was now void; since which the Lord Baltimore, finding that he had been imposed upon by the said agreement, had petitioned his Majesty for a confirmatory grant to him of the said three lower counties; which petition having been referred to this Board, the Lords of the Council, upon considering the report of this Board upon it, deferred making any resolution thereon until the bill brought by Messrs. Penn against his Lordship, upon the subject of their respective boundaries, should be brought to some conclusion.

That since the preferring of this bill, some extraordinary accidents have happened in Pennsylvania, which seem to require his Majesty's interpositions; particularly, the sherriff of Lancaster County in Pennsylvania, having with an armed force entered upon lands belonging to Maryland, and seized upon one Cressop, a tenant of Lord Baltimore's, burnt his house, and carried him and his family prisoners to Pennsylvania, under pretence of a murder committed by the said Cressop, but for which he had been tried and acquitted in 1733 in Maryland.

That persons were frequently taken up in the three lower counties, and carried to Philadelphia, to be tried, notwithstanding there is a separate legislature, and separate Courts of Justice in the said lower counties.

That these and many more cases were some of the many reasons that might be alleged for separating the Government of the three lower counties from that of Pennsylvania.

That the said counties are within the bounds of Maryland, notwithstanding they may be pretended to be excluded by the words Hactenus inculta, mentioned in the Maryland Patent; That the proprietors of Pennsylvania cannot pretend a right to them, and that for that reason, whenever the Penns have appointed Deputy Governors, the Crown's approbation was always necessary; and they have always signed a declaration for preserving the king's right. That in the year 1685, when the matter of right was under consideration, Mr. Penn appeared only as an agent for the Duke of York. That as there was three claims to the right of the three lower counties, the king, Lord Baltimore, and the proprietors of Pennsylvania, he submitted to the Board, whether it was not most proper for the king to appoint the Governor until this right should be determined; and concluded by acquainting the Board, that Lord Baltimore had no objection to Col. Thomas, provided he was appointed Governor of the three lower counties by the King, and not by the proprietors of Pennsylvania.

Pennsylvania.

Maryland.

Mr. Serjeant Eyres in behalf of Messrs. Penn, said, that as the Lord Baltimore's petition consisted of facts only suggested, but not proved; as it had been the constant method for the proprietors of Pennsylvania to appoint Deputy Governors for the three lower counties, ever since they had been in possession of Pennsylvania; and as there appeared not the least objection to Col. Thomas, he hoped the Board would not think of altering the report they had already made in favour of Col. Thomas, and his appointment as Governor of the three lower counties by Messrs. Penn.

Mr. Murray, likewise council for Messrs. Penn, observed to the Board; that he conceived the single question before their lordships, was, whether the king should approve Mr. Penn's nomination of a Deputy-Governor for the three lower counties as usual, or appoint a Governor himself, according to Lord Baltimore's petition. That from the date of the grant of Pennsylvania to Mr. Penn, he had personally been Governor of the said Province, and of the three lower counties, or appointed Deputies without the approbation of the Crown, until the Act of the 7th and 8th of King William, entitled, an Act for preventing frauds, and regulating abuses in the Plantation trade; and that although by this Act all Deputy Governors under proprietors are obliged to give security, and that the Crown's approbation of them is thereby made necessary, yet Mr. Penn's right is not thereby even called in question, and that their declaration for saving any right the Crown may have to the three lower counties, is only an argument of the claim of the Crown, but not of any right. That Messrs. Penn and their family claim their right to the three lower counties from a deed of Feoffment from the Duke of York, and have been in possession of them ever since; That they have compleatly settled them; That in the year 1685, when their right to them was contested by the proprietor of Maryland, the Lords of the Council dismissed the petition; That in the year 1709, the late Queen dismissed another petition from the proprietor of Maryland to the same purpose, and confirmed the order of 1685. But that, supposing Mr. Penn's right was not hereby made out, he submitted to the Board, whether the long possession and cultivation of them by the family of the Penns, was not a sufficient title; But that as he did not apprehend Mr. Penn's title was now to be tried, and as the boundary line between the Province of Maryland, and the Province of Pennsylvania and the three lower counties, according to an agreement made in 1732, between the Lord Baltimore and Messrs. Penn for that purpose, was now before the Court of Chancery; He apprehended the only question was, whether it would be proper for his Majesty to disapprove Messrs. Penn's nomination of a Governor; That should the king take the Government of these counties into his own hands, without trying his right thereto, it would be an act of ownership; That in the year 1731, the late Lord Chancellor, and the present Lord Chancellor when Attorney and Solicitor General in the case of one Waldo, whose title to some lands in New England was contested, had given their opinions, that it was not for the honour of the Crown to pry into men's titles, who have been long in possession; That in the year 1717, when the Earl of Sutherland had petitioned the king, for a grant of these counties, the then Attorney and Solicitor General had reported their opinion, that the Crown could take no step therein, without trying the title thereto, and the petition was accordingly dismissed.

Pennsylvania.

Maryland.

That in the year — Col. Spotswood's petition against a Governor of the three lower counties named by Mr. Penn, and pretending to make out the Crown's title to the said counties, was likewise dismissed, and Mr. Penn's Governor was approved; and that, after so many declarations in favour of the pretensions of the proprietors of Pennsylvania, and so many successive nominations of Governors by them, he hoped their lordships would think that Messrs. Penn's right to nominate a Governor for the three lower counties, was not a matter now to be contested, and that their Lordships would please to approve of Col. Thomas, a gentleman, against whom no objections were made.

Mr. Hamilton, by way of reply, observed that Mr. Penn's claim under the Duke of York could give him no right to the three lower counties, because the Duke of York had no right, till after he had made the grant; That although the three lower counties were settled, yet they were not settled at Mr. Penn's expence; And as the frequent nomination of Governors was made use of as an argument of Mr. Penn's right, he hoped their lordships would please to advise that method, which should determine the dispute; it not being proper that Messrs. Penns should continue to nominate Deputy Governors for the future.

These gentlemen being withdrawn, and the Board taking into consideration the several papers upon this subject, as well as what had been offered thereupon, and observing that nothing had been offered to induce them to alter their report of the 21st of the last month, in favour of Col. Thomas, agreed not to make any representation with regard to the right to the three lower counties, nor to the boundary between them and Maryland, until the Bill, brought into Chancery by Messrs. Penns against the Lord Baltimore, for settling the said boundary, shall be determined; but to report in favour of the nomination of Col. Thomas by the Penns, as Governor of Pennsylvania and the three lower counties, and gave directions for preparing the draught of a report accordingly.

Footnotes

1 No Quorum.