Journal, February 1758: Volume 65

Journal, February 1758

Wednesday, February 1. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Pelham.

The minutes of the last day's proceedings were read and signed.

New Jersey.

Their lordships took into consideration the Order of the Lords of the Committee of Council for Plantation Affairs, mentioned in the minutes of the 23rd of November last, referring a petition of the agent for the Assembly of New Jersey, praying that the Governor of that colony may be directed to assent to a bill prepared for emitting £89,000 in paper bills of credit, together with a copy of the said bill delivered to the Secretary by the said agent; and the said agent attending without with Mr. Forrester and Mr. Field, his counsel, and also Mr. Morris, late Chief Justice of the said province, lately arrived from thence, they were called in, and their lordships having heard what the said counsel had to offer in support of the said bill, and also had some discourse with Mr. Morris upon the subject matter thereof, the counsel withdrew, and their lordships, after some time spent in the consideration of the said bill, adjourned till to-morrow eleven of the clock.

Thursday, February 2. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton.

The minutes of the last day's proceedings were read and signed.

Trade.

Plantations General.

Their lordships took into consideration the letter from Mr. Secretary Pitt, mentioned in the minutes of the 3rd of November last, referring a petition presented to his Majesty by Mr. Hutchinson Mure, merchant, praying for leave to carry slaves to the French colonies in America, and to take indigo in return; and the petitioner attending without with Mr. Joshua Sharpe, his sollicitor, and several other gentlemen, and also Mr. Wright, agent for the province of South Carolina, with several merchants and others interested in and trading to the province of South Carolina and the neighbouring provinces, they were called in, and their lordships having heard what Mr. Sharpe had to offer in support of the petition, and also what Mr. Wright and other gentlemen interested in and trading to Carolina had to offer against it, the several persons present were ordered to withdraw; and their lordships after some time spent in the consideration of this affair ordered them to be called in again and acquainted them that upon a full consideration of what had been offered upon the subject matter of the petition now under consideration, as well on one side as the other, the Board were of opinion that the supply of the French colonies with negroes as well as the taking from them indigo in return would be impolitick and attended with dangerous and destructive consequences to the commercial interests of this country and of its colonies, and therefore they shall think it their duty to report to his Majesty against the prayer of the said petition.

The gentlemen being withdrawn their lordships ordered the draught of a representation to his Majesty upon the said petition to be prepared.

Friday, February 3. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns.

The minutes of the last day's proceedings were read and signed.

Nova Scotia.

Their lordships pursuant to the minutes of the 31st of last month, took into further consideration the petition of Mr. Paris, agent for the freeholders in Nova Scotia, and the papers presented therewith; and the Secretary having reported to their lordships several precedents of complaints made of mal-administration and oppression in the colonies, and also the proceedings had and orders given, their lordships after some time spent in the consideration thereof, and of what had been proposed by the petitioner's counsel, ordered Mr. Paris who was attending without to be called in.

Their lordships then observed to Mr. Paris that it appeared to them that his petition consisted of two parts;
1st. A representation of the necessity and expediency of having an Assembly or House of Representatives in Nova Scotia.
2nd. Complaint against the Governor and other officers of government there for mal-administration and oppression.

Nova Scotia.

That with respect to the first point, their lordships should give directions to the Governor forthwith to call an Assembly or House of Representatives in such manner as should appear to them to be best adapted to the situation and circumstances of the colony.

With respect to the complaints against the Governor and other officers of government, their lordships observed that the papers annexed to the petition were of such a nature, and the charges contained in them were so blended together and intermixed with matter which had no relation whatever to any complaint against any particular person that they would not be admitted as articles of complaint, whereon the Board could found any orders or proceedings, and therefore it would be necessary that all such matter, contained in the petition and papers annexed as has no relation to any fact properly chargeable as matter of complaint against the said Governor and other officers, should be drawn out therefrom; and also the several charges against each particular officer likewise drawn out separately with the particular proofs upon which such charges are founded, in order that the Board might transmit to each of the persons complained of their particular parts only which relate to such person for his answer and defence, with directions that the complainants or their agents as well as the persons complained of or their agents should have free liberty to take depositions and examine witnesses before a proper magistrate touching the matters complained of in such manner, and under such regulations as have usually been practised in cases of the like kind, all which directions Mr. Paris said he would endeavour to comply with, and then he withdrew.

Mr. Cotterell, Secretary of the province of Nova Scotia, attending without pursuant to notice given him by the Secretary he was called in, and the petition of Mr. Paris and the papers annexed to it having been read to him, he withdrew.

Tuesday, February 7. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Nova Scotia.

Read a petition of Ferdinando John Paris, gentleman, agent for the freeholders in Nova Scotia, setting forth that upon consideration of what had been proposed by the Board at their last meeting respecting the complaints against the Governor and other officers of government in Nova Scotia, he did not think himself authorized to draw out any particular charge against any particular person from the paper as transmitted to him by the said freeholders, and annexed to his former petition, and therefore prayed the Board to give such directions upon the said papers as had been before prayed for by him.

Their lordships upon consideration of the said petitions and papers were of opinion that they were of such a nature that they could not admit them as regular articles of complaint against any person whatever, so as to ground any orders or proceedings thereupon, but when the persons who alledge themselves to be aggrieved by the said Governor and other officers shall think proper to exhibit in a regular manner articles of complaint against them supported by proper proofs, or shall shew that they have been denied the means of obtaining such proofs, the Board will receive the same and take such measures thereupon as have usually been taken in cases of the like nature; and Mr. Paris attending without was called in, and being acquainted with their lordships' resolutions upon the matter he declared himself satisfied therewith and then withdrew.

Their lordships then took into consideration the letter and papers from Mr. Lawrence, Governor of Nova Scotia, mentioned in the minutes of the 20th of January last, and after some time spent therein, the draught of a letter to him in answer thereto was prepared, agreed to, transcribed and signed.

Trade.

Plantations General.

Robert Hunter Morris, Esquire, attending without was called in and presented to the Board a paper containing reasons in support of an application which he proposed to make to Parliament for an exclusive privilege for a limited time of making salt in North America, and having made several observations thereupon he withdrew.

Wednesday, February 8. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Nova Scotia.

Their lordships took into consideration the extract of a letter from the Governor of Nova Scotia relating to the want of an immediate supply of bedding for the troops there and also an account of several military services, the charge of which is stated in the estimate for Nova Scotia for 1758, mentioned in the minutes of the 26th of January last; and a letter to Mr. Secretary Pitt inclosing the same, and proposing that the expence of the several articles therein contained may be defrayed in the same manner as other military contingent expences in America, was agreed to, transcribed and signed.

New Jersey.

Their lordships then took into consideration the draught of the bill prepared by the Assembly of New Jersey for emitting £89,000 in paper bills of credit, and also the agent's petition, praying that the Governor may be directed to pass the same, mentioned in the minutes of the 1st instant, and after some time spent therein ordered the draught of a report thereupon to the Lords of the Committee of Council to be prepared.

Trade.

Plantations General.

The draught of a representation to his Majesty upon the petition of Mr. Hutchinson Mure, having been prepared pursuant to the minutes of the 2nd instant, was agreed to and ordered to be transcribed.

Friday, February 10. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Trade.

Plantations General.

The draught of a representation to his Majesty upon the petition of Mr. Hutchinson Mure, merchant, having been transcribed pursuant to the minutes of the 8th instant, was signed, as was also a letter to Mr. Secretary Pitt inclosing the same.

Jamaica.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 27th January last, referring a petition presented to his Majesty by Lovell Stanhope, Esquire, agent for Jamaica, praying that a reinforcement of regular troops may be sent to that Island for the service thereof.

Resolved, that the said order of reference be taken into further consideration on Tuesday next, the 14th instant, and the Secretary was ordered to give notice thereof to the petitioner and likewise to desire he would acquaint the principal persons interested in and trading to that Island therewith.

North and South Carolina.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 16th of January last, referring the petition of Henry McCulloch, late Inspector and Comptroller of his Majesty's Quit Rents in North and South Carolina, praying that in consideration of his great sufferings and hardships the sum of £1,035 may be paid to him out of the revenue of 4½per cent. in lieu of a like sum granted to him by warrant upon the Receiver of the Quit Rents in South Carolina.

The petitioner attending without was called in, and having stated to their lordships the particular hardships he has sustained and the sufferings he had undergone in relation to his office of Comptroller and Inspector of the Quit Rents in South and North Carolina he withdrew, and their lordships ordered the draught of a report to the Lords of the Committee of Council upon his petition to be prepared.

Pennsylvania.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 31st of January last, referring eleven Acts passed in Pennsylvania in 1755 and 1757, and directing this Board to examine the same and report their opinion thereupon.

Ordered, that the said acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law, and that he be desired to report the same with all possible dispatch.

Tuesday, February 14. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Jamaica.

Their lordships took into consideration the Order of the Lords of the Committee of Council for Plantation Affairs, dated the 27th of January last, referring a petition of the agent of Jamaica, praying that a reinforcement of regular troops may be sent to that Island; and the said agent attending without pursuant to notice given to him by the Secretary, together with Messrs. Fuller and Beckford and other principal persons, proprietors of lands and interested in and trading to that Island, they were called in; and the agent having produced a letter from his constituents directing him to renew his application for the reinforcement prayed for in his petition, and declaring their intention to make provision for the reception of and additional subsistence to such troops when notice should be received of their being ordered, and the gentlemen present having likewise declared that they would be answerable for the same additional subsistence being allowed to them as is now allowed to the troops already stationed there, and Mr. Craiston, an engineer, lately arrived from that Island, having been examined as to the state of the barracks built and building in different parts of the Island, the gentlemen withdrew, and their lordships after some time spent in the consideration of the petition ordered the draught of a report to the Lords of the Committee of Council thereupon to be prepared.

Wednesday, February 15. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Nova Scotia.

The Secretary laid before the Board two memorials prepared by Mr. Parker in behalf of the agent for Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sums of £7,000 and £828 may be issued to him to discharge demands made for the service of Nova Scotia, and the said memorials having been approved, Mr. Parker was directed to present them to the Lords Commissioners of the Treasury for their directions thereupon.

New Jersey.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the agent for New Jersey respecting the bill prepared by the Assembly of that province for emitting £89,000 in paper bills of credit, having been prepared pursuant to the minutes of the 8th instant, was laid before the Board, and their lordships made some progress in the consideration thereof.

North and South Carolina.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of Henry McCulloch, late Inspector and Comptroller of the Quit Rents in North and South Carolina, having been prepared pursuant to the minutes of the 10th instant, was agreed to and ordered to be transcribed.

Barbados.

Leeward Islands.

Read a petition of the merchants and planters residing in Barbados and the Leeward Islands praying for an alteration in the pacquets established for the service of the Islands in the West Indies.

Ordered, that the said petition be taken into consideration to-morrow morning.

Thursday, February 16. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

New Jersey.

The Secretary having acquainted the Board that Mr. Partridge, agent for New Jersey, who was attending without, had something further to offer to their lordships respecting the bill prepared by the Assembly of that province for emitting £89,000 in bills of credit, he was called in and presented to their lordships a memorial upon the subject matter of the said bill; and the said memorial having been read, and their lordships having heard what Mr. Partridge had to offer thereupon, he withdrew; and the draught of a report to the Lords of the Committee of Council upon his petition was taken into further consideration, and having been agreed to, was ordered to be transcribed.

Jamaica.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the agent of Jamaica, praying that a reinforcement of regular troops may be sent to that Island having been prepared pursuant to the minutes of the 14th instant, was agreed to, transcribed and signed.

North and South Carolina.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of Henry McCulloch, late Inspector and Comptroller of the Quit Rents in North and South Carolina, having been transcribed pursuant to the minutes of yesterday, was signed.

New Jersey.

The Secretary laid before the Board a draught of general instructions and also a draught of these relating to the observance of the laws of trade prepared for the Governor of New Jersey pursuant to their lordships' order of the 31st of January; and the said draughts having been agreed to with some alterations they were ordered to be transcribed, and the draught of a representation to his Majesty thereupon to be prepared.

Georgia.

Read a letter from Mr. West, Secretary to the Lords Commissioners of the Treasury, to the Secretary of this Board, dated the 15th instant, desiring he would acquaint their lordships that the Chancellor of the Exchequer has received his Majesty's commands that this Board should prepare and lay before the House of Commons an estimate of the expences attending the colony of Georgia from Midsummer, 1757, to Midsummer, 1758.

Ordered, that the draught of an estimate be accordingly prepared and that the Secretary do give notice to the agent for Georgia to attend the Board on Tuesday next.

Barbados.

Leeward Islands.

Their lordships took into consideration the petition of the merchants and planters residing in the Islands of Barbados and the Leeward Islands, praying for an alteration in the pacquets established for the service of the Islands in the West Indies, and Sir Everard Fawkener, joint Postmaster General, attending, their lordships had some discourse with him thereupon.

Miscellanies.

The Secretary acquainted the Board that Mr. Francis Dancer, one of the clerks in the office, had desired him to move their lordships that he might be permitted to resign his said post, which was agreed to, and Mr. John Palmer was at the recommendation of Mr. Oswald appointed to supply the vacancy occasioned by the said resignation.

Tuesday, February 21. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Georgia.

The Secretary laid before the Board the draught of an estimate of the charges of the civil establishment of his Majesty's colony of Georgia, and the incidental expences attending the same from the 24th of June, 1757, to the 24th of June, 1758, prepared pursuant to their lordships' order; and Mr. Martyn, agent for Georgia, attending without pursuant to notice given him by the Secretary, he was called in, and their lordships having had some discourse with him upon the subject matter of the said estimate, the draught was approved and ordered to be transcribed.

Georgia.

Mr. Martyn then laid before the Board a memorial prepared by him to be presented to the Lords Commissioners of the Treasury, praying that the sum of £1,500 may be issued to him for the purchase of goods to be delivered as presents to the Creek Indians, and the said memorial having been approved Mr. Martyn was ordered to present it to the Lords Commissioners of the Treasury for their directions thereupon.

Mr. Martyn likewise laid before the Board a memorial addressed to the Lords Commissioners of the Treasury by several merchants and others, possessors of certificates given by the Governor and Lieutenant Governor of Georgia to the officers of one troop of Rangers raised in the said colony in 1756, certifying the pay due to the said officers and private men of the said troop, praying payment of the said certificates.

Ordered, that the said memorial be taken into consideration on Thursday, the 23rd instant, and that the Secretary do give notice to Mr. Reynolds, Governor of Georgia, to attend the Board on that day.

Nova Scotia.

Mr. Martyn being withdrawn, their lordships took into consideration the estimate of the expences of supporting the settlement of Nova Scotia for the year 1758, transmitted with Mr. Lawrence's letter, mentioned in the minutes of the 20th of January last, and made some progress therein.

Ordered, that the Treasurer's accounts and vouchers of disbursements for the service of the said settlement in the year 1756, received with the said letter be delivered to the agent for Nova Scotia and that he be directed to prepare an account of money paid and charges incurred by supporting and maintaining the settlement of the colony of Nova Scotia for the year 1756, to be laid before the House of Commons pursuant to the order of that House of the 16th of February, 1756.

New Jersey.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the agent for New Jersey respecting a bill prepared by the Assembly of that province for issuing £89,000 in paper bills of credit, having been transcribed pursuant to the minutes of the 16th instant, was signed.

Wednesday, February 22. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated November 7th, 1757, containing an account of the trial of several persons for piracy, and inclosing:—
Proceedings of a court held at the Island of Antigua on the 28th day of October, 1757, for tryal of Captain Charles White and his accomplices for piracy.

Bermuda.

Read a letter from William Popple, Esquire, Governor of the Bermuda Islands, dated September 15th, 1757, containing observations upon several points respecting his government, and transmitting:—
Observations on the Act settling a salary on his Excellency, William Popple, Esquire.
Copy of the grand jury's presentments for June Assize, 1757.
Copy of the minutes of Council from the 2nd day of August to the 8th of September, 1757.

Massachusets.

Read a letter from Thomas Pownall, Esquire, Governor of the Massachusets Bay, dated December 1st, 1757, containing an account of his transactions with Lord Loudoun respecting the quartering of troops in that province, and inclosing:—
An Act for billeting officers and soldiers.
His speech to the Council and House of Representatives.

Trade.

Africa.

The Secretary laid before the Board the following papers received from the Committee of the Company of Merchants trading to Africa, viz.:—
Copies of two letters from Tobias Lisle, Esquire, and Council to the Committee, dated James Fort, Gambia, 24th and 25th June, 1757; and of one from Robert Caulton to them, dated 25th June, 1757.
Copy of a letter from the Committee of the Company of Merchants trading to Africa to Tobias Lisle, Esquire, Governor, and the Council of James Fort, Gambia, dated 8th February, 1758; also of one to Robert Caulton of the same date.
Copies of three letters from Charles Bell, Esquire, to the Committee of the Company of Merchants trading to Africa, dated Cape Coast Castle, July 6th, September 20th and October 3rd, 1757.

Virginia.

Read a report of the Auditor General of his Majesty's Revenue in America, upon an Act of Virginia referred to him by the Board, entituled, An Act for settling the titles and bounds of lands and for preventing unlawfull hunting and ranging.

Their lordships took the said Act into consideration and ordered the draught of a representation to his Majesty thereupon to be prepared.

South Carolina.

Read the following letters and papers received from Mr. Lyttelton, Governor of South Carolina, viz.:—
Letter from Mr. Lyttelton to the Board, dated 15th September, 1757, desiring directions for his conduct with respect to the settlement made by Gray and others to the southward of Alatamaha, and inclosing:—
Copy of Governor Lyttelton's message to William Gray and others [of] the settlers to the southward of the Alatamaha, dated 7th October, 1756.
Letter from Mark Carr, one of the settlers at New Hanover, to Governor Lyttelton, dated August 10th, 1757, inclosing two letters from the inhabitants to the said Governor.
Copy of two letters from the inhabitants of the settlement to the southward of Alatamaha (now called New Hanover) to Governor Lyttelton, dated February 13th, 1756, and May 30th, 1757.
Return of the militia of South Carolina, May 4th, 1757.
State of fortifications, ordnance stores, etc., in South Carolina, 7th January, 1757.
Letter from Mr. Lyttelton to the Board, dated November 3rd, 1757, relating to the proceedings of a new Assembly for the defence of the province, etc.
Letter from Mr. Lyttelton, Governor of South Carolina, to the Board, dated at Charlestown, the 30th of November, 1757, illustrating the report of the Assembly on a boundary line between North and South Carolina.
Names of three persons recommended by Governor Lyttelton to be of the Council.

Georgia.

Read the following letters received from Mr. Ellis, Lieutenant Governor of Georgia, viz.:—
Letter from Mr. Ellis to the Board, dated October 22nd, 1757, relating to a settlement intended to be made by the Spaniards between St. Augustine and Pencacola and other affairs.
Letter from Mr. Ellis to the Board, dated September 20th, 1757, relating to Indian Affairs.

Thursday, February 24. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

The minutes of the last day's proceedings were read and signed.

Georgia.

The draught of an estimate of the civil establishment of his Majesty's colony of Georgia and the incidental expences attending the same from the 24th of June, 1757, to the 24th of June, 1758, having been transcribed pursuant to the minutes of the 21st instant, was laid before the Board, and Mr. Oswald was desired to present it to the House of Commons pursuant to his Majesty's commands.

South Carolina.

Their lordships took into consideration the letter and papers from the Governor of South Carolina relating to the settlement made by several persons to the southward of the Alatamaha, mentioned in the preceding minutes, and ordered an extract to be made of so much of the said letter as relates to this matter, and also copies of the papers transmitted with it, together with extracts of such parts of the letters from the Lieutenant Governor of Georgia of the 5th of May and 22nd of October last, as relate to this subject in order to be laid before his Majesty, and that the draught of a letter to Mr. Secretary Pitt thereupon be prepared.

Georgia.

Their lordships took into consideration the memorial addressed to the Lords Commissioners of the Treasury by several merchants and others, possessors of certificates given by the Governor and Lieutenant Governor of Georgia to the officers of a troop of Rangers raised there in 1756, certifying the pay due to the said officers and private men of the said troop; and Mr. Reynolds attending as desired was called in; and it appearing from his information that the said troop was raised when the province was under the greatest apprehension of being attacked by the Indians, that the establishment of it was upon a very reasonable foot, and that Lord Loudoun had approved the same and defrayed some part of the expence; their lordships approved of the memorial being presented to the Lords Commissioners of the Treasury for their directions upon it; and then Mr. Reynolds withdrew.

New Jersey.

The draught of a representation to his Majesty upon the draught of general instructions, and of those respecting the observance of the laws of trade and navigation prepared for the Governor of New Jersey, having been prepared pursuant to the minutes of the 16th instant, was agreed to, transcribed and signed.