Journal, May 1739: Volume 47

Journal, May 1739

Tuesday, May 1. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Virginia.

1st hearing about boundaries of Lord Fairfax's land.

Northern Neck.

The Lord Fairfax attending, according to appointment, with Mr. Brown and Mr. Murray, his Counsel, and Mr. John Sharpe, his Solicitor; as also Mr. Ryder, Attorney General, and Mr. Strange, Solicitor General, and Mr. Paxton, Solicitor, in behalf of the King. The order of the Lords of the Committee of Council, dated the 12th of January last (mentioned in the minutes of the 15th of February), referring to this Board the Lord Fairfax's petition to his Majesty, in relation to settling the boundaries of his Lordship's grant of certain lands in the colony of Virginia, was again read.

Virginia.

T. 25, and seq.

33, and seq..

S. 24.

Then Mr. Brown, and after him Mr. Murray, opened and stated the nature, extent and boundaries of the tract of land in Virginia, granted by King Charles the Second (the 8th of May anno regni 21°) and King James the Second (the 27th September anno regni. 4to) to Lord Colepepper, under whom the Lord Fairfax claims:— his Lordship's Counsel made very many objections against several parts of the report of the Commissioners, appointed (by Major Gooch) in behalf of the king, to settle the boundaries of the said grants; and when they had gone through what they had to offer to the Board, they desired several papers, relating to this dispute, might be read; as they were accordingly, particularly the reports of the Commissioners, appointed by Major Gooch, as well as of those appointed by the Lord Fairfax, together with the papers respectively referred to therein; But Mr. Solicitor General desired, for order sake, that the order in Council, dated the 29th of November, 1733, directing the appointment of Commissioners to determine the bounds of the Lord Fairfax's lands in Virginia, might be first read.

Virginia.

When the said papers were read, Mr. Brown said, he had nothing further to trouble their lordships with.

It being near three, Mr. Attorney General said, it was too late for them to go through what they had to offer in behalf of his Majesty, and therefore desired another day might be appointed; and Mr. Attorney proposed Tuesday the 29th instant, (fn. 1) as most convenient to him and Mr. Solicitor General, if their lordships thought fit, and the Counsel for Lord Fairfax having no objection to that time, it was approved by the Board, and agreed to by both parties.

Wednesday May 2. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Sir A. Croft, Mr. Plummer, Mr. Herbert.

Antigua.

Read a letter from General Mathew, Governor of the Leeward Islands, dated March 3rd, 1738/9, signifying the death of Samuel Byam, Esq., and that by that means there being but six members left in his Majesty's Council in Antigua, he had sworn into that Office the Reverend Mr. Francis Byam.

Trade.

Sweden.

Read a letter from Lord Harrington, dated April 23rd, 1739, inclosing copies of a letter from Mr. Finch, his Majesty's Minister at Stockholm, and of several papers transmitted to his Lordship by him upon the present state of our commerce with Sweden, as his Majesty thinks proper to be communicated to this Board, and deposited in this Office.

The papers are as follows:—
Copy of Mr. Finch's letter to Lord Harrington, dated Stockholm, 12th February, 1738/9.
Copy of Mr. Wasenberg's memorial to my Lord Harrington, 27th March, 1738.
With Mr. Wasenberg's memorial, 27th March, 1738.
Answer to Mr. Finch's pro-memoria . of the 21st April, 1735.
Schedule of papers received with Mr. Finch's letter to the Lord Harrington, dated at Stockholm, the 12th February, 1738/9.
A.
List of English goods liable to higher duties, and prohibited in Sweden, since the Treaty of 1720.
B.
Calculation on the state of the Deal Trade in Sweden, since the alteration made in the duties by Parliament.
C.
Calculation on the value of English goods in the Swedish Book of Rates, and how the quantity imported decreases.
D.
List of the Imports from England to Sweden, 1734.
E.
List of Imports from England etc. to Sweden, 1736.
F.
Amount of the Exports from Stockholm and Gothenburg to Great Britain etc. 1732.
G.
Amount of the Exports from Stockholm and Gothenburg to Great Britain etc. 1734.
H.
Amount of the Exports from Stockholm and Gothenburg to Great Britain etc. 1737.
I.
Amount of the Exports from Stockholm and Gothenburg to Great Britain etc. 1738.
K.
General Balance of Trade between Great Britain and Sweden.
L.
Calculation of the Exports of sunday of woollen goods from England to Sweden, referred to in Mr. Wasenberg's letter, and vice versa. of the Exports from Sweden to England, exclusive of iron.
M.
Explanation of the Licent, with the analogy between it and Aliens Duty in England.
N.
Calculation on the total amount of Exports from Sweden 1732, with their relation to the Exports to Great Britain etc. communibus annis.

Trade.

Spain.

Read a letter from Mr. Brook, dated at Cadiz, March 31st, 1739, complaining of Consulage duties, and Clandestine Sales of Mediterranean Passes.

Virginia.

Read a letter from Major Gooch, Lieutenant-Governor of Virginia, dated February 15th, 1738/9, acknowledging the receipt of the Board's letter of August 9th and December 6th, 1738, giving a state of the Council, and of the quarrels of the Indians, and of our interest with regard to the Indians.

Thursday, May 3. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Sir. A. Croft, Mr. Plummer, Mr. Herbert.

Virginia.

Read a letter from Major Gooch, Lieutenant-Governor of Virginia, dated February 22nd, 1738/9, transmitting the Journals of the Council and House of Burgesses with the Naval Officer's Lists, as also 25 Acts, passed there in December last, with his remarks and observations thereon; and signifying that he has been addressed by the House of Burgesses to use his endeavour to get an Act of Parliament for leave to import salt from Portugal, a liberty the Northern Colonies enjoy, and for want of which the province of Virginia labours under difficulties; and hoping for the Board's favour to them in their application; and the Board were pleased to direct the Secretary to send the said Acts to Mr. Fane, for his opinion thereon.

Friday, May 4. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer, Mr. Herbert.

Massachusets.

The Board had under consideration the several Acts of Massachusets Bay, not yet reported upon, and made some progress therein.

Tuesday, May 8. Present:—Lord Monson, Mr. Ashe, Mr. Brudenell, Mr. Plummer, Mr. Herbert.

St. Christophers.

The Board ordered the draught of a representation to be prepared for John Mills, Esq., to be of the Council in St. Christophers, in the room of John Williams, Esq., deceased; whose death has been signified by a letter from Governor Mathew of the 5th of February last, as mentioned in the minutes of the 10th of April.

And the said draught, being accordingly prepared, was agreed to and signed.

Thursday, May 10. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

Massachusets.

The Board had again under consideration the several Acts of Massachusets Bay, not yet reported upon, as mentioned in the minutes of Friday last, and made some further progress therein.

Friday, May 11. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

Virginia.

Read an Act to enable Ralph Wormeley, Esq., to sell and dispose of certain intailed lands to raise money for the payment of his sisters' portions, and performance of his father's will; read likewise Mr. Fane's report upon the said Act, to which he has no objection; and the Board ordered the said Act should lye by the usual time.

Trade.

Wool.

Read Mr. Lowndes's method to prevent the running wool from Ireland to Foreign Parts, with observations, and an expedient to relieve the decayed woollen manufacture of Great Britain, and the Board was pleased to direct the Secretary to acquaint him by letter, that the House of Commons had actually at present under their consideration a Wool Bill of a different plan from his; and that therefore they thought it needless to take into consideration his said method at present.

Tuesday, May 15. Present:—Lord Monson, Col. Bladen, Mr. Ashe, Mr. Plummer.

North and South Carolina.

Boundary Line.

Mr. McCulloch attending, prayed that their lordships would take into consideration the reports that have been made, and the letters that have been writ by the Governors of North and South Carolina to this Board, relating to the boundary lines between those two provinces, and that they would please to make their report thereon, and their lordships were pleased to appoint to-morrow for the consideration of the said affair, and ordered that the several papers, relating thereto, be laid before them.

Wednesday, May 16. Present:—Colonel Bladen, Mr. Ashe, Mr. Plummer.

North and South Carolina.

Boundary Line.

The Board had before them and took into consideration the several papers, mentioned in the minutes of yesterday, and upon finding the Governors of the two provinces had not transmitted to this Office regular returns, their lordships thought fit to defer making any report to his Majesty.

Tuesday, May 22. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

Massachusets.

The Board took into consideration two Acts of the Massachusets, the first entituled An Act to impower the Collectors of Taxes to require Aid, passed in May, 1735, to which they had no objection; the second entituled An Act to prevent gaming for money, passed in May, 1736; in which there is a clause to compel the winner to accuse himself upon Oath, which Clause is stronger than any in our gaming Laws; however, as this is only a temporary Law, and to expire in 1742, their lordships were of opinion they might report upon it without objection.

Wednesday, May 23. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Miscellanies.

The Board had under their consideration the state of the incident charges of the Office, and deferred the further enquiry into it to another opportunity.

Barbados.

The Barbados Instructions, being laid before the Board, it was agreed that some alterations should be made therein, as soon as the new Governor was appointed.

Thursday, May 24. Present:—Lord Monson, Colonel Bladen, Mr. Plummer, Mr. Ashe, Mr. Herbert.

South Carolina.

Read an Order of Council, dated March 22, 1738/9 directing the Board to prepare an additional instruction to the Governor of South Carolina about paper money, and the said instruction was accordingly ordered to be prepared.

Friday, May 25. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

North and South Carolina.

Read his Majesty's Commission to Henry McCulloch, Esq., constituting him Commissioner for supervising, inspecting and controlling the revenues and grants of lands in South and North Carolina.

Read likewise his Majesty's instructions to the aforesaid Henry McCulloch, Esq., Commissioner for inspecting and controlling the revenues and grants of lands in South and North Carolina.

And the said Commission and instructions were ordered to be entered in the books of this Office.

Tuesday, May 29. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Trade.

Plantations General.

Read a letter from the Duke of Newcastle, dated May 28th instant, inclosing the copy of an address of the House of Lords to his Majesty, that a copy of Mr. Toriano's letter to the Commissioners for Trade and Plantations, dated August 8th, 1724, may be laid before them, and the Board ordered the said copy to be prepared, which was accordingly done, and Lord Monson was desired by the Board to present the same to the House of Lords.

Virginia.

Lord Fairfax, attending again, according to appointment, as mentioned in the minutes of the 1st instant, together with Mr. Brown and Mr. Murray, his Counsel, and Mr. John Sharpe, his Solicitor; and also Mr. Ryder, Attorney General, and Mr. Strange, Solicitor General, attending with Mr. Paris, Solicitor in behalf of the King, the Board heard what Mr. Attorney and Mr. Solicitor General had to offer on the part of his Majesty in opposition to Lord Fairfax's claim, in consequence of two grants made by King Charles the Second and King James the Second to Lord Colepepper, of certain lands in the Colony of Virginia, and the several papers following were read at their request, viz.:—
Margarite, Lady Colepepper's grant to Philip Ludwell, Esq., of 2020 acres of land in Richmond County, dated June, 1709.
Another grant of the same Lady, to the said Philip Ludwell of 3840 acres in the same County, dated the day following.
Governor Notts's grant of 1920 acres in Essex County to Henry Beverly, dated November 2nd, 1705.
Governor Spotswood's grant of 392 acres in Essex County to Robert Carter, dated January 26th, 1717.
Grant of the same to the same, of 3640 acres six perches in Essex County, dated January 22nd, 1718.
Mr. Carter's grant to Willis, of 3000 acres in Spotsylvania County, dated February 1st, 1726.
A list of Surveys from January, 1734, to March, 1737.
A list of Patents from October, 1735, to September, 1736.

After which their Lordships heard the replies of Mr. Brown and Mr. Murray, and the following papers were read, viz.:—
The deposition of John Talvaferro, taken September 29th, 1736.
The deposition of Francis Thornton, taken October 2nd, 1736.
Lord Colepepper's grant of 30,000 acres in the County of Stafford to Brent etc., dated January 10th, 1686.

Then the Counsel being withdrawn, the Board took the affair into consideration, and ordered a report thereon to be prepared.

Wednesday, May 30. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer, Mr. Herbert.

Plantations General.

Read a letter from Mr. Thomas Lowndes to the Secretary of the Board, dated 25th instant, relating to the paper currency of America, and signifying that he can propose a remedy to prevent the great evils attending it; and their lordships ordered the Secretary to write him in answer, that they are always ready to receive and consider any proposal, relating to the public good; and therefore desire that he will communicate his method in writing to their Secretary, in order to be laid before them for their examination.

Read a letter, dated the 26th instant, to the Secretary of this Board from Mr. Carkesse, Secretary to the Commissioners of the Customs, enclosing a form, according to which the Naval Officers abroad are to transmit lists of all ships entered and cleared, and to send those accounts quarterly, as directed by the 22nd and 23rd of King Charles II., and the instructions to his Majesty's Governors in America; and desiring to know if this Board has any objections to the same; and their lordships directed the Secretary to write him in answer, that they had no objections to the said plan, as it was agreeable to that lately sent by them to the Governors abroad.

South Carolina.

Mr. McCulloch attending, laid before the Board a paper containing his reasons for repealing the Quit Rent Law, passed in South Carolina in the year 1731, and the same being read and considered, the Board acquainted him that they had already reported upon that Law, and that he must apply to his Majesty in Council.

Thursday, May 31. Present:—Lord Monson, Colonel Bladen, Mr. Plummer, Mr. Herbert.

Barbados.

Read the copy of an Order in Council, dated the 31st of July, 1738, with the draught of an additional instruction to James Dottin, Esq., Commander in Chief at Barbados, to examine the accounts of public business done by Mr. Whitworth, Secretary of that Island, and to make provision for payment of the same; and Mr. Whitworth, who then attended, desiring that the said additional instruction might be inserted in the body of the instructions that are to be prepared for the present Governor, the Board were pleased to give directions accordingly.