Journal, December 1757: Volume 64

Journal, December 1757

Tuesday, December 6. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

New York.

Read an Order of his Majesty in Council, dated the 6th of December, 1757, approving a representation of this Board proposing that John Watts and William Walton, Esquires, may be appointed of the Council of New York, and directing warrants to be prepared.

The draughts of warrants in the usual form having been accordingly prepared were agreed to, and a representation to his Majesty accompanying the same was signed.

Virginia.

Ordered, that the consideration of the Acts passed in Virginia in 1752 and 1756, the one for erecting a light house at Cape Henry, the other for sale of lands belonging to the Secretary, mentioned in the minutes of the 24th of November, be postponed to another opportunity, and that the Secretary do give notice thereof to the agent for the Proprietor of Maryland and to Mr. Adair, Secretary of the said colony of Virginia.

St. Christopher's.

Nevis.

Bahamas.

Representations to his Majesty in Council proposing that James Thomas may be appointed of the Council of St. Christopher's, John Richardson Herbert of the Council of Nevis and John Brown, Esquire, of the Council of the Bahamas, were agreed to and signed.

St. Christopher's.

Leeward Islands.

Read a memorial of Mrs. Fleming in behalf of her husband, Gilbert Fleming, Esquire, Lieutenant Governor of the Leeward Islands, setting forth that she has received advice from him that he has been attacked with a dangerous disorder which will require the advice of physicians here, and therefore desiring the Board would move his Majesty that he may have his Majesty's leave to be absent from his command for the space of twelve months.

Their lordships upon consideration of the said memorial agreed thereto, and a representation to his Majesty thereupon was signed, and a warrant ordered to be prepared for his Majesty's signature in case his Majesty shall approve the said representation.

Barbados.

Their lordships took into consideration an Act passed in the Island of Barbados in 1756, entitled, an Act for raising a sum of money yearly to defray the expences of the government, together with Sir Mathew Lamb's report thereupon, and no objection appearing to the said Act, a representation to his Majesty was signed, proposing that it may be confirmed.

Thursday, December 8. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Jamaica.

Their lordships took into consideration the Order of the Lords of the Committee of Council for Plantation Affairs of the 15th of June last, respecting the opening Ports of entry and clearance, and establishing Circuit Courts in the Island of Jamaica, together with the Board's resolutions upon these points, as stated in the minutes of the 3rd of November last, and after some time spent therein, the draught of a report to the Lords of the Committee of Council thereupon was agreed to, transcribed and signed.

Connecticut.

Their lordships then took into consideration the letter from Mr. Pitt, one of his Majesty's Principal Secretarys of State, referring a petition of the agent for Connecticut praying a reimbursement to the said colony of £13,736 7s. 7d. expended in provisions supplyed the troops raised there for the service of the year 1756, mentioned in the minutes of the 18th of November, and after some time spent therein ordered the draught of a report upon it to be prepared.

Barbados.

Read a memorial of Francis Reynolds, Esquire, Provost Marshall and Serjeant at Arms attending the Court of Chancery of the Island of Barbados, complaining of some encroachments upon the rights of his office by the said Court of Chancery.

Barbados.

Their lordships upon consideration thereof ordered a copy of it to be made to be transmitted to the Governor of the said Island, and the draught of a letter to him thereupon to be prepared.

Massachusets.

New York.

Their lordships likewise took into their consideration the letters and papers received from the Governor of the Massachusets Bay and the Lieutenant Governor of New York, respecting the boundary line or line of partition between the said colonys, mentioned in the minutes of the 23rd of November, and ordered the draught of a representation to his Majesty thereupon to be prepared.

The letters to the Governor of the Massachusets Bay and to the Lieutenant Governor of New York, in answer to those from them, mentioned in the minutes of the 23rd of November, were agreed to, transcribed and signed.

South Carolina.

Read a memorial of Mr. Corbett in behalf of Childermas Croft, Clerk of the General Assembly of South Carolina, setting forth that the said Croft is in a bad state of health, and desiring the Board would move his Majesty that he may have leave to be absent from his duty for twelve months.

Their lordships upon consideration of the said memorial agreed thereto, and a letter to Mr. Pitt, one of his Majesty's Principal Secretaries of State, thereupon was signed, and a warrant ordered to be prepared for his Majesty's signature in case his Majesty shall condescend to the memorialist's request.

Friday, December 16. Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper.

Connecticut.

The draught of a report to Mr. Secretary Pitt upon the petition of the agent for the colony of Connecticut, praying a reimbursement to the said colony of £13,736 7s. 7d. expended in provisions and stores supplyed the troops raised there for the service of the year 1756, having been prepared pursuant to the minutes of the 8th instant, was agreed to and ordered to be transcribed.

Barbados.

The draught of a letter to Mr. Pinfold, Governor of Barbados, upon the subject of the memorial presented by Mr. Reynolds, Provost Marshall of that Island, complaining of some encroachments upon the rights of his office by the Court of Chancery there, having been prepared pursuant to the minutes of the 8th instant, was agreed to and ordered to be transcribed.

Massachusets.

New York.

The draught of a representation to his Majesty upon the letters and papers lately received from the Governor of the Massachusets Bay and the Lieutenant Governor of New York respecting the boundary line or line of partition between the said colonys, having been prepared pursuant to the minutes of the 8th instant, was agreed to and ordered to be transcribed.

New Jersey.

Read a letter from the members of the Council of New Jersey, dated September 17th, 1757, referring to Mr. Morris, late Deputy Governor of Pennsylvania, for an account of the state and condition of the province of New Jersey.

Pennsylvania.

Read the following letters from Robert Charles, Esquire:—
Letter from Mr. Charles, agent for the people of Pennsylvania, dated the 28th of November, 1757, desiring that the minutes of the late Indian treaty at Easton in Pennsylvania may be laid before the Board authenticated and entire.
Letter from Mr. Charles, dated the 28th of November, 1757, praying to be favoured with a short hearing by the Board when they shall think proper.
New York. Letter from Mr. Charles, dated the 7th of December, 1757, desiring with the leave of the Board certified copies of the grant of New Jersey to the Duke of York, and his grant to Lord Berkeley, etc., with copys of papers relative thereto in the Plantation Office, and that he may have a copy of the draught or map, which with other papers accompanyed Mr. Pownall's letter of the 2nd of March to Mr. Bollan and Mr. Charles, agents.

Their lordships took the said letters into consideration, together with that mentioned in the minutes of the 18th of November, and ordered the Secretary to write to Mr. Charles and desire his attendance at the Board on Wednesday next, the 21st instant.

Nova Scotia.

Read a letter from Charles Lawrence, Esquire, Governor of Nova Scotia, dated the 2nd of November, 1757, acquainting the Board with his return to Halifax from Beausejour and its neighbourhood, and with the steps he had taken for the protection of that part of the province.

Ordered, that the Secretary do write to Admiral Holburne to desire he would acquaint the Board whether the papers and accounts mentioned in the foregoing letter were entrusted to his care by Mr. Lawrence.

Read the following paper delivered to the Secretary by Mr. Paris, agent for the people of Nova Scotia, viz.:—
Address of the grand jurys of Halifax to the Lords of Trade, dated the 3rd of May, 1757, relating to inconveniences resulting from the want of a civil government.

The Secretary laid before the Board two memorials prepared by Mr. Parker in behalf of Mr. Kilby, agent for Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the several sums of £3,703 11s. 8d. and £2,598 12s. 9d. may be issued to him to discharge the several demands therein mentioned for provisions supplyed the troops; and the said memorials having been approved of, were ordered to be presented to the Lords Commissioners of his Majesty's Treasury, for their directions thereupon.

South Carolina.

Read a memorial of Mr. Wright, Attorney General of South Carolina, praying that he may have leave of absence from the said province for twelve months.

Ordered, that the draught of a letter to Mr. Secretary Pitt be prepared desiring that he would move his Majesty that the memorialist may have the leave of absence he requests, and that a warrant be also prepared for his Majesty's signature to accompany the said letter in case his Majesty shall approve thereof.

North Carolina.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 16th of November, 1757, referring to the consideration of this Board the humble petition of the members of his Majesty's Council of North Carolina, praying that his Majesty would be graciously pleased to direct an allowance to be paid them out of his Majesty's quit rents in consideration of their great expence in attending his Majesty's service in Council and in the several courts in which they sit as judges.

Their lordships took the said order of reference into consideration together with a letter from Mr. Dobbs, Governor of North Carolina, mentioned in the minutes of the 4th of November last, and after some time spent therein ordered the draught of a report to the Lords of the Committee of Council upon the said petition to be prepared.

South Carolina.

Their lordships took into consideration an Act passed in the province of South Carolina in May, 1757, entituled, an Act for incorporating the Winyah Indico Society, together with Sir Mathew Lamb's report thereupon, and after some time spent therein ordered the draught of a representation to his Majesty to be prepared proposing that the said Act may be confirmed.

Jamaica.

Their lordships likewise took into consideration an Act passed in the Island of Jamaica in October, 1756, entitled, an Act to intitle John Lost, Stephen Lost, Elizabeth Lost, Richard Lost and Robert Lost, the reputed sons and daughter of Stephen Lost of the parish of St. Catherine in the said Island, merchant, by Mary Ricketts, a free mulatto woman, deceased, to the same rights and privileges with English servants born of white parents, together with Sir Mathew Lamb's report thereupon, and after some time spent therein ordered the draught of a representation to his Majesty to be prepared, proposing that the said Act may be confirmed.

South Carolina.

Read a letter from William Henry Lyttelton, Esquire, Governor of South Carolina, dated Charles Town, October 12th, 1757, acknowledging the receipt of three letters from the Secretary, giving an account of iron made there; inclosing an Act to prohibit the exportation of corn, grain, etc.; and the resolutions of the House of Commons upon certain resolutions of the Assembly of Jamaica.

Bahamas.

Nevis.

St. Christopher's.

Read three Orders of his Majesty in Council, dated the 16th instant, approving the representations of this Board proposing that John Brown, Esquire, may be appointed of the Council of the Bahamas, John Richardson Herbert of the Council of Nevis, and James Thomas, Esquire, of the Council of St. Christopher's, and directing warrants to be prepared for his Majesty's signature.

The warrants having been prepared in the usual form, were agreed to and representations to his Majesty accompanying the same were signed.

Trade.

Africa.

Read a letter from Mr. Secretary Pitt, dated the 13th of December, 1757, inclosing a proposal made to him by Mr. Thynne relating to gold mines on the Coast of Africa, and desiring the Board's opinion upon it.

Resolved, that the said letter be taken into consideration on Tuesday next, the 20th instant.

Trade.

Africa.

Tuesday, December 20. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Their lordships pursuant to the minutes of the 16th instant, took into consideration the letter from Mr. Secretary Pitt referring Mr. Thynne's proposal relating to gold mines upon the Coast of Guinea, and Mr. Thynne attending without, was called in, and their lordships having had some discourse with him upon the subject matter of the said proposal he then withdrew; and a doubt having arisen whether the right to gold mines upon the Coast of Africa granted to the late Royal African Company by their charter, was or was not vested in the Company of Merchants trading thither by the Act of the 23rd of his present Majesty for extending and improving the trade to Africa, the Secretary was ordered to write to the Committee of the said company, desiring to be informed what their opinion is upon this point.

Connecticut.

The draught of a report to Mr. Secretary Pitt upon the petition of the agent for the colony of Connecticut, praying a reimbursement to the said colony of £13,736 7s. 7d. expended in provisions and stores supplyed the troops raised there for the service of the year 1756, having been transcribed pursuant to the minutes of the 16th instant, was signed.

Barbados.

The draught of a letter to Mr. Pinfold, Governor of Barbados, upon the subject of the memorial presented by Mr. Reynolds, Provost Marshall of that Island, complaining of some encroachments upon the rights of his office by the Court of Chancery there, having been transcribed pursuant to the minutes of the 16th instant, was signed.

Massachusets.

New York.

The draught of a representation to his Majesty upon the letters and papers lately received from the Governor of the Massachusets Bay and the Lieutenant Governor of New York, respecting the boundary line or line of partition between the said provinces, having been transcribed pursuant to the minutes of the 8th instant, was signed.

South Carolina.

The draught of a representation to his Majesty upon an Act passed in the province of South Carolina in May, 1757, entituled, An Act for incorporating the Winyah Indico Society, having been prepared pursuant to the minutes of the 16th instant, was agreed to, transcribed and signed.

Jamaica.

The draught of a representation to his Majesty upon an Act passed in the Island of Jamaica in October, 1756, entituled, An Act to intitle John Lost, Elizabeth Lost, Richard Lost and Robert Lost, the reputed sons and daughter of Stephen Lost of the parish of St. Catherine in the said Island, merchant, by Mary Ricketts, a free mulatto woman, deceased, to the same rights and privileges with English servants born of white parents, having been prepared pursuant to the minutes of the 16th instant, was agreed to, transcribed and signed.

South Carolina.

The draught of a letter to Mr. Secretary Pitt desiring he would move his Majesty that Mr. James Wright, Attorney General of South Carolina, may have leave of absence from the said province for twelve months having been prepared pursuant to the minutes of the 16th instant, was agreed to and ordered to be transcribed.

North Carolina.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the members of the Council of North Carolina praying for an allowance out of the quit rents for their trouble in attending the several duties of their station, having been prepared pursuant to the minutes of the 16th instant, was agreed to and ordered to be transcribed.

Virginia.

Their lordships took into consideration an Act passed in the colony of Virginia in December, 1753, entituled, An Act to empower John Armistead, gentleman, to sell and dispose of certain intailed lands to raise money for the performance of his father's will, together with Sir Mathew Lamb's report upon it, and after some time spent therein ordered the draught of a representation to his Majesty to be prepared proposing that the said Act may be confirmed.

The Secretary having acquainted the Board that Mr. Athawes had in behalf of himself and the rest of the merchants trading to Virginia desired that he would move their lordships that they may have leave to take a copy of an Act passed in Virginia in June last, entituled, An Act for granting an Aid to his Majesty for the better protection of this colony and for other purposes therein mentioned, their lordships ordered a copy thereof to be made and delivered to Mr. Athawes.

The Secretary laid before the Board the following papers received from the colony of Virginia, viz.:—
Minutes of Council during the session of Assembly from the 14th of April to the 8th of June, 1757.
Journal of the House of Burgesses for the same time.
List of shipping at the several ports in 1756 and 1757.
Thirty Acts passed in the colony of Virginia in June, 1757.

Ordered, that the said Acts be sent to Sir Mathew Lamb for his opinion thereon in point of law.

Wednesday, December 21. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Miscellanies.

Proprieties.

New York.

New Jersey.

Massachusets.

Their lordships took into consideration the letters from Mr. Charles, mentioned in the minutes of the 18th instant, and after some time spent therein, Mr. Charles, who was attending without, pursuant to notice given him by the Secretary for that purpose, was called in, and he desired that Mr. Franklin, lately arrived from Pennsylvania, as agent for the people of that province, together with Mr. Wedderburn, Mr. Charles's counsel, and several other gentlemen whom he stated to be interested in what relates to the subject matter of his letter, mentioned in the minutes of the 18th of November last, might be permitted to be present, which request was complyed with, and they were accordingly called in; and Mr. Charles, after having questioned the propriety of the orders and resolutions of the Board with respect to the delivery of copys of papers, and the conduct of their officers in relation thereto, and also complained of the conduct of the Secretary to this Board upon occasion of an application made by Mr. Charles for leave to have copys of certain papers in the office, he proceeded to state what he had to offer respecting the several matters contained in his letters of the 17th and 28th of November last.

Miscellanies.

Proprieties.

New York.

New Jersey.

Massachusets.

With respect to the first of these letters, Mr. Charles stated the grounds whereon he founded his claim of right to have a copy of the paper of observations made by the Proprietaries of Pennsylvania, upon an extract of a letter to their lordships from Sir William Johnson, Baronet, agent for Indian Affairs, respecting the effect which the purchase of lands made by the said Proprietaries from the Indians in 1754 had had upon the general interests of the Crown amongst the said Indians.

With respect to his letter of the 28th of November last concerning the proceedings with the Indians at Easton in Pennsylvania in July and August last, being informed by the Board that the minutes of those proceedings had been transmitted to them by Sir William Johnson, he moved for a copy of those minutes provided the same were not printed minutes.

With respect to his letter of the 28th of November concerning a matter in which he states himself to be misrepresented, Mr. Charles proceeded to enter into several remarks and animadversions upon the representations and reports of this Board to his Majesty and to the Lords of the Committee of Council respecting the boundary line between the provinces of New York and New Jersey and also between the provinces of New York and Massachusets Bay, and more particularly as to those parts of such representations or reports where he is stated to have submitted the determination of those matters to the Crown and its Ministers.

Mr. Charles having been reprimanded for his improper and indecent behaviour in the several matters stated by him, he submitted the whole to the Board, and then the several persons present having been ordered to withdraw, their lordships upon full consideration of what had been offered by Mr. Charles were of opinion that the resolution of the Board on the 17th of November last, not to grant him a copy of the paper of observations mentioned in his letter of the 18th of November was just and proper.

That Mr. Charles's request of having a copy of the minutes of the proceedings with the Indians at Easton in July and August last be granted, and that a copy thereof be accordingly made and delivered to him.

That Mr. Charles's conduct in desiring to appear before this Board in order to make remarks and animadversions upon reports and representations long since made by their lordships to his Majesty and to his Council is irregular and unprecedented, inasmuch as those reports and representations are now under the consideration of his Majesty and his Council, and that such behaviour is also arrogant and indecent with respect to the Board, and unbecoming his character as an agent.

That the calling in question the propriety of the rules and orders made by this Board with respect to the delivery of copys of papers and to the conduct of their officers in relation thereto, is highly insolent and indecent, and that Mr. Charles's complaint against the Secretary with respect to a declaration made to him by the said Secretary concerning a motion which Mr. Charles desired might be made to the Board for leave to have copys of certain papers is groundless and injurious, inasmuch as it is the Secretary's duty to arrange the business for the Board, and to bring the several matters before them for their consideration in such method, time and place as he shall judge best for the convenience and dispatch of business, or as their lordships shall think proper to direct.

Thursday, December 22. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Miscellanies.

Proprieties.

New York.

New Jersey.

Massachusets.

Their lordships took into consideration their resolutions of yesterday respecting the matters stated by Mr. Charles, and also Mr. Charles's letter of the 7th instant, mentioned in the minutes of the 16th instant, together with a letter from him dated the 20th instant, desiring to be informed whether the articles of surrender of New York to the Crown of Great Britain in 1664 are upon record in this office, and that he may have a copy of a letter from the President of the Council of New York to this Board about the year 1719, or an extract thereof so far as relates to the boundary line between the provinces of New York and New Jersey, and after some time spent therein, ordered the Secretary to write the following letter to Mr. Charles, viz.:—
Sir,
I am directed by the Lords Commissioners for Trade and Plantations to acquaint you that so soon as yourself and the other gentlemen who attended them yesterday were withdrawn they took the several matters offered by you into considerations to the end that they might acquaint you with their resolutions thereupon, but being informed you had left the office without waiting for their lordships' determination, I have now their directions to acquaint you, that they are of opinion that the resolution of the Board of the 17th of November last, not to give you any copy of the paper of observations made by the Proprietaries of Pennsylvania upon the extract of a letter to this Board from Sir William Johnson, agent for Indian Affairs, was just and proper; their lordships have given directions that a copy of the minutes of the proceedings with the Indians at Easton in July and August last, as transmitted by the said agent, should be made and delivered to you.
I am further to acquaint you that their lordships have this day taken into consideration your letter of the 7th instant, desiring copys of the grant of New Jersey to the Duke of York and his grant to Lord Berkeley, copys of which I am also ordered to prepare and deliver to you, but as to your application for copys of papers in the office relative thereto, their lordships cannot form any judgment of the propriety of so general a request, but if you think proper to particularize any papers their lordships will consider what may be proper for them to do.
Their lordships have also considered your letter of the 20th instant, and I am directed to inform you that the articles agreed upon at the surrender of New York to the Crown of Great Britain in 1664 are upon record in their office, and that they have given directions that an extract of the letter to this Board from Mr. Schuyler in 1719, so far as relates to the affair of the line be made and delivered to you.
I am, Sir,
Your most obedient servant,
John Pownall, Secretary.

To Robert Charles, Esquire.

Ordered that copys be made of the several papers mentioned in the foregoing letter and delivered to Mr. Charles.

South Carolina.

The draught of a letter to Mr. Secretary Pitt desiring he would move his Majesty that Mr. James Wright, Attorney General of South Carolina, may have leave of absence from the said province for twelve months, having been transcribed pursuant to the minutes of the 20th instant, was signed.

North Carolina.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the members of the Council for North Carolina praying for an allowance out of the quit rents for their trouble in attending the several dutys of their station, having been transcribed pursuant to the minutes of the 20th instant, was signed.

Virginis.

The draught of a representation to his Majesty upon an Act passed in Virginia in December, 1753, entituled, An Act to impower John Armistead, gentleman, to sell and dispose of certain lands to raise money for the performance of his father's will, having been prepared pursuant to the minutes of the 21st instant, was agreed to, transcribed and signed.

Nova Scotia.

Read a letter from Admiral Holburne, in answer to one from the Secretary, acquainting him that the publick papers and accounts mentioned in Governor Lawrence's letter to the Board of the 2nd of November, 1757, were intrusted to the care of his brother, Captain Holburne.

Virginia.

Read a letter from Mr. Adair, Secretary of the colony of Virginia, dated the 20th instant, in answer to one from the Secretary of this Board, desiring him to move their lordships to suspend the consideration of the Act mentioned in the minutes of the 24th of November, untill he is better informed to attend them.

Adjourned to Tuesday, the 10th of January next.