Journal, April 1752
Tuesday, April 14. Present:—Earl of Halifax, Mr. Grenville,
Read a letter from the Earl of Holdernesse, dated the 30th of
March, 1752, inclosing a copy of his Majesty's Order in Council
of the 11th of the said month containing regulations with respect
to his Majesty's colonies in America and elsewhere and also the
copy of a letter from him to the Governors of the said colonies
thereupon and signifying his Majesty's pleasure in what manner
the said Order should be observed.
Read a letter from the Earl of Holdernesse, dated the 26th of
March, 1752, signifying that his Majesty has been graciously
pleased to remit a fine imposed in Virginia upon John Sparkes,
a youth, for an assault upon the highway.
Ordered that the draught of a letter to the Lieutenant-Governor
of Virginia signifying his Majesty's pleasure in the remission of
the said fine be prepared.
Wednesday, April 15. Present:—Earl of Halifax, Mr.
Grenville, Mr. Oswald.
Read a letter from General Mathew, Governor of the Leeward
Islands, dated the 10th instant, in answer to one from Mr. Hill
relating to some points in Governor Purcell's letter to the Board,
which Governor Mathew prays their lordships would give him
time to explain when he returns to his government.
Read a letter from Mr. Johnston, Governor of North Carolina,
to the Board, dated at Edenton, the 3rd September, 1751,
relating to the present state of the Council in that province and
recommending two gentlemen to supply vacancies therein.
Their lordships took into consideration the state of his
Majesty's Council in the province of North Carolina, and it
appearing that there were only three persons appointed by his
Majesty of the said Council now remaining upon the list, their
lordships ordered the draught of a representation to their
Excellencies, the Lords Justices, to be prepared proposing that
James Hassell, James Innes, John Rutherford, Francis Corbin,
John Swan, John Dawson, James Craven, Lewis de Rosset and
John Rieusset, Esquires, may be appointed of the said Council.
Read a letter from Mr. Johnston, Governor of North Carolina,
to the Secretary of this Board, dated at Edenton, the 16th
September, 1751, in answer to one from him relating to a neglect
in not transmitting the publick papers required by his instructions.
Minutes of Council of North Carolina from the 26th March
to the 3rd April, 1751.
Read a letter from the Earl of Holdernesse, dated the 28th
March, 1752, inclosing a copy of the address of the House of
Commons to his Majesty desiring that his Majesty would give
directions to the Board to prepare and lay before Parliament at
their next meeting a state of the Island of Jamaica.
Ordered that the Secretary do transmit a copy of the said
letter and address to his Majesty's Governor of Jamaica and
desire him to transmit a full and exact account of the state of the
Island, relative to the particulars mentioned in the said address.
Read a letter from Messrs. Shirley and Mildmay, his Majesty's
Commissaries at Paris, dated 1–12th April, 1752, in answer to
one from the Board relative to some expressions which the
French Commissaries object to in their answer to the French
memorial concerning Santa Lucia.
Ordered that the Secretary do apply to the Secretary to the
Earl of Holdernesse to desire that the memorial mentioned in
the Commissaries' letter may be transmitted to this Board.
Read a letter from Mr. Clevland, Secretary to the Lords
Commissioners of the Admiralty, dated the 14th instant, to the
Secretary, in answer to his letter of the 15th January last
concerning the misbehaviour of the captains of his Majesty's
ships on the coast of Africa.
Read a letter from Mr. Clevland, Secretary to the Admiralty,
dated the 14th instant, to the Secretary of this Board, acquainting
him, for their lordships' information, that the Torrington
man-of-war will sail directly for Nova Scotia, and that the Jason
will follow some time next month.
The Secretary laid before the Board the following paper which
was read, viz.:—
Some additions to the accounts sent from Virginia concerning
the extent and limits of that colony, and the encroachments
that have been made upon it.
Read a letter from Mr. Scrope, Secretary to the Lords Commissioners of the Treasury, dated 20th of November, 1751,
transmitting for the information of this Board
Report of the Commissioners of his Majesty's Customs,
dated 14th November, 1751, on two Acts passed in the
colony of Virginia for amending the staple of tobacco, etc.
Ordered that a copy of the said report be transmitted to the
Lieutenant-Governor of Virginia and that he be directed to
recommend the passing another law not liable to the objection
The Secretary laid before the Board the two following papers
received from Virginia without a letter, viz.:—
Bond given by Samuel Ogle, Esquire, Lieutenant-Governor
of Maryland, and his sureties for his observing the Acts of
trade and navigation. Dated the 15th of October, 1751.
Minutes of Council from the 8th December, 1748, to 29th
Naval Office lists of ships and vessels entered and cleared in
the several ports of Virginia.
The Secretary laid before the Board An Act for settling the
titles and bounds of lands, passed in Virginia, transmitted to the
Lords Commissioners of the Treasury for their consideration and
returned without any report thereupon.
Ordered that the said Act be transmitted to the Right
Honourable Horatio Walpole, Esquire, Auditor of his Majesty's
Revenue in America, for his opinion thereupon.
Read a letter from Otho Hamilton, Esquire, LieutenantGovernor of Placentia, to the Board, dated the 11th of May,
1751, relating to a complaint made against him for seizing the
lands of an officer for a debt due to the regiment.
Read an Order of the Lords of the Committee of Council for
Plantation affairs referring to the consideration of this Board
eighteen Acts passed in the province of the Massachusets Bay
in October, January and February, 1750, and April, 1751; and
also ten more Acts passed in June and July, 1751. Dated the
19th of March, 1752.
Ordered that the said Acts be sent to Mr. Lamb for his opinion
thereupon in point of law.
Thursday, April 16. Present:—Earl of Halifax, Mr. Grenville,
Mr. Fane, Mr. Townshend, Mr. Oswald.
Their lordships being informed that Messrs. T. Hanbury,
Touchitt, Tomlinson, Thrale, Stirling and others were attending
and had something to offer to the consideration of the Board,
they were called in and Mr. Stirling acquainted the Board that
what they had to offer related to a proposal of the merchants
for opening a trade to the country called Terra-Labrador in
North America for furs, etc., in which they humbly hoped for
the sanction and assistance of this Board.
Mr. Touchitt then acquainted the Board that the view of their
attendance was to desire the assistance of the Board in procuring
a grant for an exclusive trade upon that coast, which Mr. Stirling
had represented to them as indisputably belonging to the Crown
of Great Britain and that he informed them that a very valuable
trade for furs, whale fins, fish and masts might be opened there.
Mr. Stirling then acquainted their lordships that the Eskimeaux
Indians who inhabit this country are at perpetual war with the
Canada and other French Indians and if they were to be engaged
in our alliance and supported by our assistance they would soon
put a total stop to the incursions of the said French Indians into
Mr. Stirling being asked if he had ever heard of any English
going upon that coast, he said he had heard that one Captain
Wilson was there some years ago, that himself had been there
since that, but found the natives shy and unwilling to trade
and pointed to them to leave the coast; being asked if he had
ever heard that the Hudsons Bay claimed this coast as their
right he said he never had and that it was not mentioned in the
charter, but that such an opinion had prevailed so as to discourage
the making any settlement.
The gentlemen being desired to explain themselves more fully
as to the nature of their application to the Board for procuring
them a grant, Mr. Tomlinson said that he apprehended all they
had to ask was whether the Board had any objection to their
solliciting a grant of this country; being asked as to the nature
and extent of the grant they proposed to apply for, they said it
was an exclusive grant of the whole coast from the Streights of
Belle Isle to Hudsons Streights attended with a reservation of
the right of his Majesty's other subjects or any foreign power
which should be in actual possession at this time as is usual in
Whereupon the merchants were ordered to withdraw and their
request being taken into consideration their lordships, after some
time spent therein, ordered them to be again called in, when
their lordships acquainted them that they could not have any
objection in a commercial light to their making application for
leave to open a trade of so much consequence and value to this
kingdom; but that the Board reserved to themselves the consideration of any other circumstances which might occur, and
if it should hereafter be found that any either of a publick nature
or of private right interfered with this proposal they would be
matters of distinct consideration and must in the course of this
affair be discussed at a proper time and in a proper place.
That as to an exclusive grant the experience of the many
inconveniences attending such grants more particularly in the
case of the Hudsons Bay Company, makes it a matter at least
of great doubt and difficulty: that altho' nobody suspected
any intention in the gentlemen present of making an ill use of
such grant, yet a more limited grant would be less liable to the
objections which the Board could not but have to an exclusive one.
The merchants having acquainted the Board that they should
consider of proposing proper limitations they withdrew.
Their lordships took into consideration a draught of instructions
for Colonel Hopson appointed Governor of Nova Scotia, ordered
to be prepared by the minutes of the 13th of March, and made
some progress therein.
Ordered that the said draught of instructions be taken into
further consideration to-morrow morning and that the Secretary
do write to Mr. Hopson to desire his attendance.
Friday, April 17. Present:—Earl of Halifax, Mr. Grenville,
Mr. Townshend, Mr. Oswald.
Their lordships pursuant to yesterday's minutes, took into
consideration the draught of instructions for Colonel Hopson,
and Colonel Hopson attending, as desired, was called in and the
instructions were read, agreed to and ordered to be transcribed,
as also those relating to the Acts of Trade and Navigation, and
the draught of a representation thereupon to their Excellencies,
the Lords Justices, was ordered to be prepared.
Tuesday, April 21. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Oswald.
Their lordships took into consideration the affairs of his
Majesty's province of Nova Scotia, and Colonel Hopson attending
their lordships had some conversation with him thereupon, and
the following observations and directions were ordered to be
entered upon the journal of this day.
That as the present state of the Grant of Parliament for the
settlement of this province would not admit of carrying on many
publick works, it was recommended to Mr. Hopson to carry on
such only as might be absolutely necessary for the security of
the settlement; that it would be proper, however, to compleat
the fortifications on George's Island, if not already done, and
erect batteries on the points of land which secure the entrance
of the harbour of Chebucto; but that it would be impossible to
go farther in these or any other works than the labour of the
foreign protestants who were to work out their passage would
That as by his instructions he was directed to issue money to
the settlers in lieu of provisions at the expiration of the contract
or when the provisions in store shall be exhausted it was
recommended to him to pay them weekly and to take the
opportunity of the settlers being assembled upon that occasion
to instruct them in the use of arms and military exercise to the
end that a useful militia might be formed as soon as possible
which would add great security to the province.
That as the allowing of money in lieu of provisions would be
a great saving to the publick he was desired to use his best
endeavours to inculcate a disposition (as far as it can be done
consistently with prudence and a proper regard to the service) in
the troops in or near Halifax to be put upon the same foot as the
settlers in that respect and to give the Board from time to time
an account of his proceedings upon this point, with his opinion
how far it may be practicable; and in the meantime he was
directed to take particular care that the provisions given the
soldiers were not sold or wasted and to appoint proper officers
to inspect their messes as is usually done in garrisons and other
places where troops are stationed. It was likewise recommended
to Colonel Hopson to take care that none but effectives were
victualled and that the abuses and irregularities mentioned in
the Board's letter to Colonel Cornwallis, dated the 6th of March
last, which was read to him relative to the manner of making
out lists or certificates should be looked into and redressed, and
enquiry made how far the intended check on Mr. Baker's contract
is kept up, and whether he is or is not really paid for more
provisions than he delivers; that none of the officers belonging
to or employed by the Ordnance should be allowed provisions
and that if it was necessary to allow the officers of the regiments
firewood over and above their allowance of provisions it should
be done in the most frugal manner possible.
It was also recommended to Mr. Hopson to enquire strictly
into the conduct of those who had been entrusted with the
management of the stores and provisions and make his report
to the Board.
Their lordships then observed to Mr. Hopson that as no
provision was made in the Grant of Parliament for Gorham's
Company of Rangers which by the last return appeared to be
ineffective, it would be proper he should immediately discharge
that company if not already done, and that it was to be wished
that the rest of the Rangers could be dismissed consistent with
the good of the Service, the Board never having had any account
of their utility or any instances of their service.
It was further recommended to Mr. Hopson to give all possible
encouragement to the clearing of land, to take care that the
grants were properly and duly registered agreeable to his
instructions and an abstract of the register transmitted to the
Board. It was then observed to Mr. Hopson that in the forms
of the grant prepared here there was a clause that no alienation
of land should be made for a term of years from the date of the
grant without the Governor's leave, which term was left to his
discretion to determine, that this clause was inserted to prevent
idle persons who had been transported at the publick expense,
selling their land in a short time for trifling considerations and
deserting the province, and also to prevent the purchase of their
grants by Roman Catholicks which in the circumstances of that
province would be of very bad consequence; and then he was
desired to take care not to grant licences of alienations to persons
who from a want or desire of deserting the settlement make
collusive sales of their land before they cultivate it, nor to any
persons unless the purchaser shall take the oaths of allegiance,
supremacy, and abjuration previous to the granting such licence.
It was further observed to him with regard to the form of
passing their grants that it would be proper that the printed
form when executed should be indented at top and what is cut
off marked with the name of the grantee, the number of acres
and the boundaries of the land and that it should be preserved
as a tally or check in order to prevent fraud.
It was further recommended to Colonel Hopson to take care
that no person should leave the province without giving publick
notice thereof at least ten days before his departure, and such
notice to be affixed up in some publick place, and that all persons
leaving the province should deliver up the arms, tools, etc.,
allowed them by the publick. Colonel Hopson was also directed
not to give leave to any of the French inhabitants to quit the
province upon any pretence whatever and to endeavour to
prevent their deserting to any settlements which may be
attempted to be made by the French at the Isthmus or at any
It was further recommended to Colonel Hopson to use all
possible means to prevent and discourage the excessive drinking
of rum and strong liquors which could not but prove of very
fatal consequence to the settlers and troops, and not to suffer
any one to retail it without a licence, a regulation which had been
represented to be of great utility.
It was further recommended to Colonel Hopson to endeavour
to prevent and restrain all illicit trade whatever and more
particularly that which is carryed on with the French at
Louisbourg, to the great disadvantage of the trade of this
kingdom; he was also desired not to give encouragement to the
working the colliery in that province which might prevent the
clearing of land and is not consistent with the practice of policy
observed by this country in relation to its' colonies, as the use of
coals in America would furnish the people with the means of
carrying on a variety of manufactures, the raw materials of
which we now receive from them and afterwards return
Mr. Hopson then observed to their lordships that as it had
been found necessary that Colonel Cornwallis should have two
aids du camp, it would be proper that the same establishment
should be made with respect to him, and therefore he desired to
know in what manner the said aids du camp should be provided
for. Whereupon their lordships acquainted Mr. Hopson that
this was an affair not within their lordships' province, that the
allowance made to Colonel Cornwallis's aids du camp out of the
wet stores had not been with the approbation or consent of this
Board, but on the contrary was considered as highly improper
and that no allowance could be made out of the Civil Establishment
for this service.
Ordered that the agent for the settlement of Nova Scotia do
provide 200 tents and such a quantity of tools and other
necessaries, as shall be judged proper in order to be transported
to the said province for the use of the settlers.
Ordered that Colonel Hopson have copies of the following
Memorial of Right to Nova Scotia.
Order of Council relating to the Board.
Lord Holdernesse's letter.
Copy of additional instruction.
Copies of all correspondence between Colonel Cornwallis
and the French Governor of Louisbourg and Canada on
the French inhabitants of Nova Scotia.
An abstract of his instructions referring to each article in
the margin of an office draught.
An account of Mr. Dick's expences.
Copy of Colonel Cornwallis's declaration in answer to
the letter from the French inhabitants, dated 1st August,
Copy of a letter to Colonel Cornwallis from the Commandant
at St. John's, 9th July, 1749.
Letter from French inhabitants, dated 7th September, 1749,
and Governor's answer.
Governor Cornwallis's letter to Mr. Desherbiers.
Governor of Louisbourg's, dated 21st September, 1749.
Mr. de la Jonquier's letter to Colonel Cornwallis, dated
28th October, 1749.
Colonel Cornwallis's answer.
List of bills drawn by his Excellency, Governor Cornwallis,
on Christopher Kilby, on account of the colony of Nova
Scotia for the months of November and December, 1751.
An account of money paid and charges incurred by supporting
and maintaining his Majesty's colony of Nova Scotia from
1st December, 1750, to 31st October, 1751.
An estimate of the charges of supporting and maintaining
the settlement of Nova Scotia for the year 1752.
The draught of a letter to the Lords of the Treasury inclosing
a copy of that part of Colonel Hopson's instructions which
relates to the allowance of money to the settlers in lieu of provisions having been prepared, was laid before the Board, agreed
to and ordered to be transcribed.
The draught of a letter to Mr. Phips, Lieutenant-Governor of
the Massachusets Bay, in answer to one from him having been
prepared pursuant to the minutes of the 19th March, was agreed
to and ordered to be transcribed.
Wednesday, April 22. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Fane.
Read a letter from General Mathew, Governor of the Leeward
Islands, dated the 22nd of April, 1752, desiring the Board's
commands before he embarks for his government.
Resolved that the Board do to-morrow take into consideration
the state of affairs relative to the government of his Majesty's
Ordered that the address of the Legislature of the Island of
Jamaica to his Majesty praying that the Instruction to the
Governor of the said Island relative to the not taxing absentees
in a greater proportion than residents, (fn. 1) be taken into consideration
on Tuesday next; and that the Secretary do write to Mr. Sharpe,
agent for the said Island, and to Mr. Paris, agent and solicitor
for the absentees, to acquaint them therewith and to desire
their attendance at the Board.
The draught of a representation to their Excellencies, the Lords
Justices, proposing nine persons to be appointed of the Council
of North Carolina, having been prepared pursuant to the minutes
of the 15th instant, was laid before the Board, agreed to and
ordered to be transcribed.
Their lordships took into consideration a memorial of Mr.
Kilby, agent for the settlement of Nova Scotia, to the Lords of
the Treasury praying that a sum of money might be issued to
him for the discharge of bills of exchange drawn upon by Colonel
Cornwallis, Governor of the said province, for the service and on
account of the said settlement, which memorial their lordships
approved of and ordered Mr. Kilby to present the same to the
Lords Commissioners of the Treasury for their lordships'
Thursday, April 23. Present:—Earl of Halifax, Mr. Grenville,
Lord Dupplin, Mr. Townshend, Mr. Oswald.
Their lordships being informed that Messrs. Hanbury,
Tomlinson, Touchitt, and others were attending and had
something to offer to the Board relative to the proposal of
opening a trade to Terra Labrador, mentioned in the minutes of
the 16th instant, they were called in.
Mr. Tomlinson acquainted their lordships that having had a
meeting since they last attended the Board, they had drawn up
a paper in writing relative to this proposal which they begged
leave to lay before the Board, viz.:—
Proposals of Messrs. Hanbury, Tomlinson, Touchitt and other
merchants of London for opening a trade to Terra Labrador
in North America.
The said paper having been read and also the minutes of the
answer given to the merchants on the 16th instant, their lordships
observed to them that they had already informed them that they
could have no objection in a commercial light to their application
for opening so valuable a trade, but that they could not but have
objection to an exclusive grant; that although the proposal as
it now stood is for an exclusive grant for 63 years only, yet as
far as it goes is liable to the same objection; that there were
very few causes which could justify exclusive grants; that it was
even a doubt whether the Crown could make such grants, and
therefore it was worth their consideration whether such an
application as is proposed can from the nature of it being for an
exclusive trade be attended with success; that it had been
stated as an objection to the Hudson's Bay Charter that it was
not confirmed by Parliament; that their lordships could have
no objection, however, to their application reserving to themselves the consideration of these and any other circumstances
in case those to whom the application should be made thought
proper to refer their proposals to the Board, and therefore could
not give any further opinion upon them at present.
Whereupon the merchants observed that unless something of
this sort was granted the country would lye useless, and Mr.
Hanbury said that his opinion was that the term should have
been for ninety nine years, as the longer the term was the more
likelyhood there would be of the proposal being carried into
execution with effect and to the publick advantage; that as to
the land it was not an object of consideration nor could such a
grant prejudice the Hudson's Bay Company any otherways than
by introducing a greater quantity of furs.
Upon which their lordships acquainted them that the Board
had no other regard to the Hudson's Bay Company in this affair
than that in case any claim of territory or other right should be
made by them the Board reserved to itself the future consideration
The merchants being withdrawn their lordships took into
consideration the state of affairs relative to the government of
his Majesty's Leeward Charribbee Islands and ordered the
Secretary to write to Governor Mathew to desire his attendance
at the Board on Monday morning.
The draught of a representation to their Excellencies, the
Lords Justices, inclosing the draughts of general instructions
and of those which relate to the Acts of Trade for Colonel Hopson,
Governor of Nova Scotia, having been prepared pursuant to the
minutes of the 17th instant, was laid before the Board, agreed
to, transcribed and signed.
Monday, April 27. Present:—Earl of Halifax, Lord Dupplin,
Their lordships pursuant to the minutes of Thursday last,
took into further consideration the state of affairs in the government of the Leeward Islands and Mr. Mathew, Governor of the
said Islands, attending as desired, and also Mr. John Sharpe,
agent for the Island of Antigua, they were called in and Mr.
Sharpe being asked what he had to offer, he acquainted the
Board that he was directed by his Constituents, the Council and
Assembly of Antigua, to represent to their lordships the present
distressed situation of that Island arising from no Supply Acts
having been passed lately there on account of a letter from this
Board to the Lieutenant-General directing him not to give his
assent to any law whereby the Assembly should be joined with
the Council in examining and ascertaining publick accounts;
that he was directed to urge that the practice of the Assembly's
examining and ascertaining the publick accounts jointly with
the Council had been antient and unvariable usage, and that it
was not contrary to the King's instructions; that as to first
point it appears by an Act passed in 1668 for levying a publick
tax and which, as he was instructed had been confirmed by the
Crown, that one of the Assembly was joined with the Governor
and Council in issuing orders for the payment of publick money;
that in the year 1715 an instruction was given to the issuing of
the publick money by warrant from the Governor only with the
advice and consent of Council, yet after much dispute it did
appear that the Assembly still continued to join with the
Governor in the issuing publick money; that in the year 1718
upon a letter from the Board of Trade requiring the Governor
to adhere to this instruction the Assembly did agree to yield the
priviledge of the Speaker's countersigning the order for payment
of money, reserving the priviledge of examining and passing the
accounts, and that the Governor assured them by letter that no
order should issue for money untill they had passed the accounts;
that the method of the Assembly's examining and ascertaining
had continued invariably down to the present time whereby
the prerogative was free from encroachments, and the rights of
the people at the same time preserved without any instance of
the Assembly's negativing an account or any dispute or disagreement being occasioned by it.
That this was not contrary to the instruction as the disposal
of publick money remained still in the hands of the Governor
and Council according to the said instruction, and the Assembly
were thereby allowed to view and examine the publick accounts;
that according to this method no misapplication could happen,
and that this was the only way to prevent it; that the Assembly
in case of misapplication could not impeach or call a Governor to
account, and although they might lodge a complaint at home
against a Governor in such a case, yet such complaint could only
terminate in a removal.
Upon inspecting the printed laws of Antigua the Act of 1668
referred to by Mr. Sharpe did not appear to have been confirmed
by the Crown and Mr. Sharpe being asked if he had a copy of
the letter mentioned by him to have been sent by the Governor
to the Assembly in the year 1718 he said he had not.
There being no application at present for the altering of the
instruction Mr. Sharpe was desired to speak more fully as to
that point whether the practice and claim of the Assembly could
be reconciled to the instruction, whereupon he observed that the
instruction sets forth that the Assembly might be permitted to
view and examine accounts of money disposed of by virtue of
laws made by them, by which he did not apprehend was meant
money disposed of by the Governor's order previous to their
examining the accounts; but if the instruction did admit of a
doubtful construction it was to be explained by the uninterrupted
and constant usage, and therefore he hoped that as there was no
instance of misbehaviour in the Assembly or dispute with respect
to this point, the privilege might be continued to them.
Whereupon their lordships observed that according to Mr.
Sharpe's construction, the instruction would be inconsistent with
itself, for as by the former part of it, the Governor is directed
that no money should be issued otherways than by his warrant
with the advice of the Council; if the Assembly were allowed to
ascertain and pass the accounts previous to such disposition
that power of the Governor would become entirely useless and
subservient to the Assembly, and therefore the latter part of the
instruction to be consistent with the former could only mean
to give the Assembly a power of examining the accounts of money
disposed of after such disposition had been made which is a
sufficient and proper check upon the Governor and Council in
whom the power of such disposition is vested.
Mr. Sharpe being withdrawn their lordships were of opinion
that the claim of the Assembly of Antigua and St. Christophers
of joining with the Governor and Council in the examining and
passing publick accounts previous to the disposal of money was
plainly contrary to the tenor of his Majesty's thirty-sixth
instruction, and it was recommended to Mr. Mathew to adhere
to the said instruction and not to give his assent to any Act or
Acts in any of the Islands under his government contrary to the
true intent and meaning thereof.
Their lordships upon consideration of the evils upon which
complaints have been made by the merchants interested in and
trading to the sugar colonies of the desertion of the inhabitants
of the said colonies to foreign islands and settlements and of the
illicit importation of foreign sugars into the British colonies,
earnestly recommended to Mr. Mathew to take the most effectual
measures consistent with law to discourage and prevent such
desertion and to endeavour to obtain laws in each of the Islands
under his government for the more effectual preventing the
illicit importation of foreign sugars into such Islands and to give
the Board the fullest information of whatever has or shall come
to his knowledge with respect to such illicit trade.
Mr. Mathew having observed to their lordships that several of
his instructions were liable to objection or otherways useless and
improper, he was directed to consider his said instructions with
due attention and to transmit to the Board his opinion of such
parts of them as shall appear to him improper, useless or liable
to objection together with his reasons for such opinion by the
Their lordships further directed Mr. Mathew to transmit to
them with all convenient speed his answer to the queries contained
in a letter to him from the Secretary, dated the 11th of March
last, relative to the Virgin Islands together with an account of
the names and characters of the persons appointed to be his
Majesty's Council in the said Islands and also a particular state
of the said Islands with respect to grants of lands.
Mr. Mathew being withdrawn the Secretary laid before the
Board the draught of a circular letter to the Governors of his
Majesty's colonies more immediately under his Majesty's government inclosing two additional instructions from their Excellencies,
the Lords Justices, one relating to the future conduct of Governors
in America with respect to the correspondence pursuant to his
Majesty's Order in Council of the 11th of March last; the other
relating to a revisal of the laws, and also the draught of a letter
to the Lieutenant-Governor of Maryland and one to the Governor
and Company of Rhode Island and Connecticut, inclosing
instructions from their Excellencies, the Lords Justices, directing
them to transmit an authentick copy of the laws in force within
the said colonies; and the said draughts having been agreed to
were ordered to be transcribed.
The draught of a letter to the Lieutenant-Governor of the
Massachusets Bay, in answer to one from him having been
transcribed pursuant to the minutes of the 21st instant, was laid
before the Board and signed.
The draught of a letter to the Lords Commissioners of the
Treasury, having been transcribed pursuant to the minutes of
the 21st instant, was laid before the Board and signed.
The draught of a representation to their Excellencies, the
Lords Justices, proposing the appointment of nine Councillors in
the province of North Carolina having been transcribed pursuant
to the minutes of the 22nd instant, was laid before the Board
Tuesday, April 28. Present:—Earl of Halifax, Mr. Pitt, Lord
Dupplin, Mr. Townshend.
The consideration of the address of the Assembly of the Island
of Jamaica relative to the taxing absentees in a greater proportion
than residents appointed for this day was put off till Tuesday
next when the parties concerned were desired to attend.
The draught of letters to the Governors of his Majesty's colonies
and plantations in America inclosing their Excellencies', the
Lords Justices, instructions relative to their future correspondence and to the revisal of the laws, having been transcribed,
were laid before the Board and signed.
Their lordships took into consideration a letter from Mr.
Purcell, Lieutenant-Governor of the Virgin Islands, relative to
the state of the said Islands mentioned in the minutes of the
—instant and ordered the Secretary to write an answer
Wednesday, April 29. Present:—Earl of Halifax, Mr. Pitt,
Lord Dupplin, Mr. Oswald.
Read the following letters and papers received from Mr.
Wentworth, Governor of the province of New Hampshire, viz.:—
Letter from Mr. Wentworth, dated the 23rd March, 1750–1,
giving the Board an account of the boundaries and
situation of that province and transmitting the following
publick papers, viz.:—
Copy of a deed from John Tufton Mason to Theodore
Atkinson, Esquire, dated 30th July, 1746.
Copy of a deed from John Tufton Mason to Theodore
Atkinson, Esquire, dated 30th September, 1749.
Message from Governor Wentworth to the Assembly of
New Hampshire, dated 28th September, 1750.
Copy of a message from the Assembly of New Hampshire,
dated 3rd October, 1750, to Governor Wentworth, in
answer to his message of the 28th September.
Copy of a message from Governor Wentworth to the
Assembly of New Hampshire, dated the 4th of
Copy of a paragraph in King Charles II.'s Commission
to Edward Cranfield, Esquire, Lieutenant-Governor
of New Hampshire.
Letter from Mr. Wentworth to the Secretary of this Board,
dated 23rd November, 1751.
Letter from Mr. Wentworth, Governor of New Hampshire,
to the Board, dated the 25th November, 1751, transmitting
the following papers, viz.:—
Governor Wentworth's answer to the Board's general
Copy of the Triennial Act under the Seal. Passed
April 27th, 1728.
Treasurer's accounts of New Hampshire for the year 1742.
Ditto for the year 1743.
Ditto for the year 1744.
Receiver General of the Powder Money, his quarterly
accounts from the 25th March, 1748, to the 25th
March, 1751. No. 1 to 11 inclusive.
Minutes of Council in Assembly from the 2nd December,
1746, to the 30th of March, 1750.
Naval officer's lists of ships entered and cleared from
the 25th March, 1749, to the 24th June, 1751.
Resolved that the state of affairs in his Majesty's province of
New Hampshire be taken into consideration to-morrow morning.
Read a letter from Mr. Belcher, Governor of New Jersey, to
the Board, dated the 7th March, 1752, acquainting them with
the Assembly's having passed an Act for support of government.
Read a letter from Mr. Attorney General to the Secretary,
dated 29th April, 1752, desiring a copy of the charter of
Pennsylvania and other information to enable him to give his
opinion upon the case and queries relating to the power of the
Crown to send instructions to the Governor of that province.
Ordered that the Secretary do transmit to his Majesty's Attorney
and Solicitor General all such lights and information relative to the
points mentioned in the said letter as can be found in this office.
Thursday, April 30. Present:—Earl of Halifax, Mr. Pitt, Lord
Dupplin, Mr. Townshend.
Their lordships pursuant to the preceding day's minutes, took
into consideration the state of affairs in his Majesty's province
of New Hampshire, and Mr. Tomlinson, agent for the said
province, attending was called in and their lordships had some
discourse with him thereupon and then he withdrew.
Ordered that the draught of a representation to their
Excellencies, the Lords Justices, upon the Assembly of New
Hampshire refusing to pay obedience to his Majesty's additional
instruction for the admission of the members chosen for certain
new towns and districts in the said province be prepared.
Ordered that the Secretary do prepare a state of the case of
the difficulties complained of by Mr. Wentworth in the granting
lands in the said province, so far as relates to Mason's claim, and
the grants made by the Massachusets colony, etc.
Read a letter from Mr. Dick at Rotterdam, without date, to
Mr. Pownall inclosing M. Van Seylingen's examination at
Heidelberg, the 20th March, 1752, before two notaries publick.
Ordered that the Secretary do write an answer thereto.