Journal, December 1754: Volume 61, Part 2

Journal, December 1754

Wednesday, December 4. Present:—Earl of Halifax, Mr. Grenville, Mr. Oswald, Mr. Pelham.

Georgia.

Ordered that the draught of a representation to his Majesty be prepared proposing Clement Martin, Esquire, to be of the Council of Georgia.

South Carolina.

Georgia.

Their lordships took into consideration Mr. and Mrs. Bosomworth's memorials mentioned in yesterday's minutes and made a further progress therein.

Trade.

Africa.

The draught of a letter to Sir Thomas Robinson, inclosing the copy of a letter from the French Governor of Goree to the Governor of James Fort, having been transcribed pursuant to yesterday's minutes, was signed.

Thursday, December 5. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane.

New York.

Read the following letters and papers received from Mr. Delancy, Lieutenant Governor of New York, viz.:—
Letter from Mr. Delancy to the Board, dated the 8th of October, 1754, acquainting their lordships that the Assembly have granted £5000, for the assistance of Virginia, and that the French Indians have made incursions into the Massachusets, New Hampshire and New York.
Letter from Mr. Delancy to the Board, dated the 21st of October, 1754, giving an account of the measures he has taken in consequence of the incursions of the French Indians into that province.
Letter from Mr. Delancy, dated the 21st of October, 1754, to Mr. Pownall in answer to one from him of the 6th of May last.
Letter from Mr. Delancy, dated the 16th of October, 1754, to the General of Canada, on the incursions of the French Indians into that province.

Ordered that the letters to the Board of the 8th and 21st of October and also Mr. Delancy's letter to the Governor of Canada be copied to be laid before his Majesty, and the draught of a letter to Sir Thomas Robinson inclosing them having been prepared for that purpose, was agreed to and ordered to be transcribed.

Georgia.

The draught of a representation to his Majesty, proposing Clement Martin, Esquire, to be of the Council of Georgia, having been prepared pursuant to yesterday's minutes, was agreed to, transcribed and signed.

New York.

Read an Order in Council, dated the 6th of August, 1754, rejecting the petition of the House of Representatives of New York to his Majesty, relative to the 39th Article of his Majesty's instructions to Sir Danvers Osborn, late Governor of that province.

Ordered that the Secretary do transmit the said Order to the Lieutenant Governor of New York.

Trade.

East India.

Read an Order of the Lords of the Committee of Council, dated the 26th of November, 1754, referring to the consideration of this Board an account of goods of the growth, product or manufacture of Great Britain, as also of other goods and merchandizes exported from the Port of London for account of the East India Company between the 29th of September, 1753, and the 29th of September, 1754, to be examined and reported upon.

Jamaica.

Read a memorial of the merchants of Liverpool to the Board, in behalf of the application from the merchants of Jamaica for a removal of the seat of government from St. Iago de la Vega to Kingston.

Ordered that the said memorial be taken into consideration on the day appointed for the consideration of the orders of reference from the Council relative to this affair.

Friday, December 6. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham.

South Carolina.

Georgia.

Their lordships resumed the consideration of the memorial of Mr. and Mrs. Bosomworth, and after some time spent therein ordered a state of the case to be prepared.

New York.

The draught of a letter to Sir Thomas Robinson, inclosing copies of Mr. Delancy's letters of 8th and 21st of October, having been transcribed pursuant to yesterday's minutes, was signed.

Tuesday, December 10. Present:—Earl of Halifax, Mr. Grenville, Mr. Oswald, Mr. Pelham.

Jamaica.

Their lordships being informed that Mr. Reynolds, Member for Lancaster, was attending, he was called in and presented the following memorial:—
Memorial of the merchants of Lancaster to the Board in behalf of the application from the merchants of Jamaica for a removal of the seat of government from St. Iago de la Vega to Kingston.

Ordered that this memorial be taken into consideration on the day appointed for hearing the parties on the several petitions relative to the removal of the seat of government in Jamaica.

South Carolina.

Georgia.

The Secretary laid before the Board a state of the case relative to the claims and pretensions of the Bosomworths prepared pursuant to the preceding minute.

Ordered that the Secretary do desire their attendance at the Board on Thursday morning at eleven o'clock.

New York.

Read the following papers received with a duplicate of Mr. Delancy's letter, mentioned in the minutes of the 5th instant:—
An Act for paying five thousand pounds for and towards assisting the colonies of Virginia and Pennsylvania to dispossess the French and Indians on the River Ohio.
Votes and proceedings of the General Assembly of New York from the 20th to the 29th of August, 1754.
Address of the Council of New York to Lieutenant Governor Delancy and his answer, the 22nd of August, 1754.

North Carolina.

Read a letter from Mr. Rowan, President of the Council of North Carolina, to the Board, dated at Cape Fear, the 29th of August, 1754, inclosing a printed copy of the Acts passed in that province at the last session.

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

Trade.

Spain.

Read a letter from Mr. John Piper, dated Plymouth, November 26th, 1754, inclosing his petition to the Board, complaining of the Consul at Corunna in appointing natives to be Vice-Consuls in the principality of Asturias.

Ordered that a copy be made of the said paper to be transmitted to the Secretary of State, and that the draught of a letter inclosing it be prepared.

Leeward Islands.

Read a letter from Mr. Thomas, Governor of the Leeward Islands, to the Board, dated 23rd July, 1754, transmitting the following papers, viz.:—
Copy of Mr. Thomas's letter to the commanding officer of St. Croix relating to several English artificers being carried thither.
Original letter from the commanding officer at St. Croix to Governor Thomas.
Original indentures transmitted from St. Croix.

Ordered that the said letter and papers be copied to be transmitted to his Majesty's Secretary of State, and that the draught of a letter inclosing them be prepared.

South Carolina.

The Secretary laid before the Board an Act passed in South Carolina in May, 1754, entituled,
An Act for incorporating the Charles Town Library Society.

Ordered that it be sent to Mr. Lamb for his opinion thereon in point of law.

Wednesday, December 11. Present:—Earl of Halifax, Mr. Oswald.

Nova Scotia.

Read a letter from Charles Lawrence, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated the 14th of October, 1754, relative to the present state of the province.

Ordered that an extract of so much of the said letter as relates to the want of seven 24 pounders to compleat the battery on the eastern shore, be made to be laid before his Majesty in Council and that the draught of a representation be prepared for that purpose.

Jamaica.

Ordered that copies of the merchants' memorials of Liverpool and Lancaster relative to the removal of the seat of government in Jamaica from St. Iago de la Vega to Kingston be made and delivered to Mr. Paris, sollicitor in behalf of the merchants, planters and occupiers of land and houses in the Town of St. Iago de la Vega.

Thursday, December 12. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Oswald, Mr. Pelham.

Massachusets.

Their lordships being informed that Mr. Bollan, agent for the province of the Massachusets Bay, was attending without he was ordered to be called in.

Mr. Bollan being called in moved their lordships for leave to have a copy of an Act which he was informed had passed in the province of the Massachusets Bay in 1744, the purport of which he apprehended was to regulate troops raised in that province, but he did not know the title of it.

It not appearing what Act Mr. Bollan meant, an Act passed in that province in 1744 entitled, an Act for punishing of officers or soldiers who shall mutiny or desert his Majesty's service and also an Act passed there in 1746 entitled, an Act for reviving and continuing a law of this province entitled, an Act for punishing of officers or soldiers who shall mutiny or desert his Majesty's service, were read to him.

Whereupon Mr. Bollan moved their lordships for copies of the said laws and then withdrew.

Ordered that copies of the above mentioned two laws be made and delivered to Mr. Bollan.

Jamaica.

Their lordships took into consideration the Order of the Lords of the Committee of Council mentioned in the minutes of the 29th of November, referring to their consideration a petition of several inhabitants of Jamaica to his Majesty complaining of the Governor having removed himself and the courts in which he presides from St. Iago de la Vega to Kingston, and praying that he may have orders to return to St. Iago untill his Majesty's pleasure upon the application now depending relative to the removal of the seat of government be known.

Jamaica.

And it being doubtfull upon the words of the reference whether it was the intention of the Lords of the Committee of Council that the Board should take this petition into consideration with the other reference relative to the removal of the seat of government, or whether they should separately and previously report their opinion upon it, the draught of a report desiring their Lordships' directions herein was ordered to be prepared, and having been accordingly prepared was agreed to and ordered to be transcribed.

Their lordships being informed that Mr. Paris, agent for the petitioners mentioned in the foregoing orders, was attending, he was called in and moved their lordships to take the said petition into consideration and report their opinion upon it, whereupon Mr. Paris was acquainted with the doubt which had arisen and the report which their lordships had agreed to in consequence of it; Mr. Paris then withdrew.

South Carolina.

Georgia.

The Board took into consideration the memorials of Mr. and Mrs. Bosomworth and came to the following resolutions upon the several points therein contained, viz.:—
That as to the pretence of Mrs. Bosomworth of her being rightfull and natural born Princess of the Lower Creeks and that she came over here fully authorized by them to treat with his Majesty and his ministers upon all points relative to this affair and to make concessions of lands claimed by them, it appearing that she is a natural born subject, being the daughter of an Englishman, their lordships are of opinion, that admitting her authority to be good and valid, which is controverted by the records of the proceedings of the President and Court of Assistants in the colony, it would be irregular and unprecedented for his Majesty or his officers here to treat with any nation or tribe of Indians in America by the intervention of a subject not authorized by any Commission from his Majesty and that his Majesty's Governor there was the proper and the only proper officer for this purpose.
That as to the claim of Mr. and Mrs. Bosomworth to certain islands and tracts of land in the colony of Georgia, in virtue of grants and concessions from the Indians, and their complaints of encroachments having been made upon these lands by his Majesty's subjects, it appeared to be a matter which their lordships could not possibly take cognizance of, not being a prudential consideration, but a question of property, which must be heard and determined by a legal process in the Courts of Common Law or Equity in the colony, from which if any of the parties should not rest satisfied with the judgment or decree they would have a liberty of appeal to his Majesty in Council.
That as to Mrs. Bosomworth's claim of rewards for services done the colony, and complaint of injuries and injustice sustained by the President and Court of Assistants, it appearing from the records of the said President and Court of Assistants that they alledge, that instead of service Mrs. Bosomworth and her husband had done very ill offices to the prejudice of the colony, and been the authors of great disorders there, their lordships do apprehend they cannot properly enter into an ex parte consideration of this part of their memorials, but that the President and Court of Assistants, whose conduct is so strongly arraigned, ought of right to have an opportunity of being heard against such charge, and therefore their lordships were of opinion that the whole of Mr. and Mrs. Bosomworth's memorials relative to this point should be transmitted to the Governor of Georgia with directions to call before him the memorialists or their agents and also the late President and Court of Assistants, and to examine with the strictest attention and impartiality into the truth of the allegations in the said memorials, and in the journals of the President and Court of Assistants; that the complainants or their agents should have liberty to take copies of all such records in the said colony touching the matters complained of or alledged by them, as they or their agents should find necessary to support their allegations, and that the same should be delivered to the memoralists or their agents, signed and authenticated in the usual manner under the Seal of the province, upon paying the usual fees for the same; that free liberty should be also given to all such persons as the said memorialists or their agents should name, as also to all such persons as the said late President and Court of Assistants or other persons concerned should name, to make affidavits before any of the judges or justices of the courts there of what they know touching the premisses, and that such judge or justice should summon before them such persons as the memorialists or their agents should name, and likewise such persons as the late President and Court of Assistants or other parties concerned should name, and take affidavits, and examine them upon such interrogatories as should be exhibited for that purpose, which the said Governor was to signify to the said judges or justices as soon as might be, and that the memorialists or their agents should deliver to the said President and Court of Assistants copies of such depositions or affidavits as should be made or taken in this matter on their part, as also that the said late President and Court of Assistants or other parties concerned should deliver unto the said memorialists or their agents copies of their answers and of such affidavits or depositions as should have been made on their part within the space of three months from the Governor's receipt of this order, as also that within thirty days after receiving each other's proofs, they do in like manner exchange with each other the replies that should be made by affidavits or depositions, and that the Governor should transmit the whole matter under the Seal of the province within six months after receiving the order with his report and opinion upon the whole.

South Carolina.

Georgia.

Their lordships being informed that Mr. and Mrs. Bosomworth were attending pursuant to their lordships' order, they were called in, and having been acquainted with the substance of the foregoing resolutions they withdrew.

Ordered that a copy of the foregoing minute relative to this affair be made and delivered to the memorialists.

Ordered that the draught of a letter to Mr. Reynolds, Governor of Georgia, agreeable to the foregoing order, be prepared.

Friday, December 13. Present:—Earl of Halifax, Mr. Pitt, Mr. Oswald.

Jamaica.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the petition of the inhabitants of Jamaica relative to the removal of the seat of government from St. Iago de la Vega to Kingston, having been transcribed pursuant to the preceding minute, was signed.

Ordered that the several references from the Lords of the Committee of Council relative to the removal of the seat of government from St. Iago de la Vega to Kingston in the Island of Jamaica, together with all petitions, memorials and other papers relative to that matter be taken into consideration on Thursday the 9th of January, and that the Secretary do give notice thereof to all parties concerned.

Tuesday, December 17. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane, Mr. Edgcumbe.

Nova Scotia.

The draught of a representation to his Majesty inclosing an extract of Mr. Lawrence's letter relative to the want of cannon to compleat the battery on the eastern shore of the harbour of Halifax, having been prepared pursuant to the minutes of the 11th instant, was agreed to, transcribed and signed.

Trade.

Spain.

The draught of a letter to Sir Thomas Robinson inclosing a copy of Mr. Piper's petition, having been prepared pursuant to the minutes of the 10th instant, was agreed to, transcribed and signed.

Leeward Islands.

The draught of a letter to Sir Thomas Robinson, inclosing a copy of Mr. Thomas' letter, dated the 23rd of July, 1754, and also copies of the papers received with it, having been prepared pursuant to the minutes of the 10th instant, was agreed to, transcribed and signed.

Georgia.

Read an Order of Council, dated the 5th instant, approving a representation of this Board proposing that Clement Martin, Esquire, may be appointed of his Majesty's Council in Georgia, and directing their lordships to cause a warrant to be prepared accordingly.

The draught of a representation inclosing a warrant having been prepared accordingly was agreed to, transcribed and signed.

Jamaica.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 26th of November, 1754, referring to the consideration of this Board the petition of the justices, planters, merchants and inhabitants of the county of Cornwall, relative to the removal of the seat of government from St. Iago de la Vega to Kingston in the Island of Jamaica.

Jamaica.

It being doubtfull upon the words of the foregoing order whether it was the intention of the Lords of the Committee of Council that the Board should take this petition into consideration with the other references relative to the removal of the seat of government or whether they should separately and previously report their opinion upon it, the draught of a report desiring their Lordships' directions herein was ordered to be prepared.

Trade.

Africa.

Read a letter from Mr. Harding, Secretary to the Lords of the Treasury, dated the 14th November, 1754, referring to the consideration of this Board:—
Memorial of the Committee of the Company of Merchants trading to Africa setting forth the expences incurred in erecting a fort at Annamaboe, and praying the sum of £10,000 for compleating the said work.
Letter from Sir Thomas Robinson, Secretary of State to the Lords of the Treasury, dated 1st November, 1754.

Ordered that the Secretary do acquaint the Secretary to the Lords Commissioners of the Treasury by letter that as this office is not an office of account, and consequently not authorized or directed to enquire into the expenditure of publick money, the Board cannot take that part of the above memorial into consideration, and as to the utility and expediency of the fort at Annamaboe, their lordships have already reported their opinion upon it to his Majesty's Secretary of State.

New Jersey.

The Secretary laid before the Board the following memorial of Mr. Partridge, agent for the Colony of New Jersey, viz.:—
Memorial of Mr. Partridge praying that Courtland Skinner, Esquire, who has been appointed Attorney General of New Jersey by the Governor in the room of Joseph Warrell, Esquire, may be confirmed.

Mr. Partridge attending was called in and their lordships acquainted him that the manner in which Mr. Warrell appeared, from the papers laid before them, to have resigned his office was irregular and unprecedented; but as Mr. Skinner appeared to be in the exercise of the office of Attorney General, their lordships would not recommend it to his Majesty to supercede him by the appointment of another person untill they were further informed of Mr. Skinner's conduct and the particular circumstances of this transaction.

That as to his request that Mr. Smith might be appointed to be of the Council in the room of Mr. Morris, their lordships did not think it adviseable to supercede Mr. Morris immediately as it was uncertain how long he might remain in the government of Pennsylvania.

New York.

Read Mr. Lamb's report on an Act passed in New York in December, 1753, entituled,
An Act to enable the minister, elders and deacons of the Reformed Church of the City of New York to sell and dispose of their lands, tenements and hereditaments in the county of West Chester commonly called and known by the name of the manor of Fordham, and also for granting unto them some further liberties and priviledges for the better management of their affairs and the well ordering or governing of their said Church.

New York.

The Secretary acquainted the Board that Mr. Morris, Lieutenant Governor of Pennsylvania, had entered a caveat in this office desiring to be heard in behalf of Lewis Morris, his brother, against this Act before any report was made upon it.

Mr. Charles, agent for New York, attending, was called in, and moved the Board for a representation to his Majesty in favour of the said Act, and being informed of Mr. Morris's caveat desired that his agent might be directed to assign the reasons for such caveat, in order to come to an hearing before their lordships upon it.

Ordered that enquiry be made whether Mr. Morris or his brother have any agent in England to appear in their behalf and that such agent, if there be one, be directed to assign his reasons in writing for the above mentioned caveat.

Wednesday, December 18. Present:—Earl of Halifax, Mr. Pitt, Mr. Oswald, Mr. Pelham.

Leeward Islands.

Virgin Islands.

The Board being informed that Mr. Hardman, Member for Liverpool, was attending without with Mr. Purcell, Lieutenant Governor of the Virgin Islands, they were called in and Mr. Hardman acquainted their lordships that the merchants of Liverpool and other western ports having had under their consideration the present state of the Virgin Islands and the great benefit which would arise to the commerce of this country if they were properly settled and put under a proper form of government and being informed that Mr. Purcell had laid before this Board a memorial upon this subject, he thought it his duty in behalf of the merchants of Liverpool and others trading to these islands to move their lordships to take Mr. Purcell's memorial into consideration at such time as their lordships should think proper; whereupon their lordships appointed Thursday, the 16th of January, for taking the state of the Virgin Islands into consideration, when Mr. Hardman and Mr. Purcell were desired to attend, and to bring with them such persons as might be able to give their lordships any information upon this affair; Mr. Hardman and Mr. Purcell then withdrew.

Plantations General.

Ordered that notice be given to all persons acting as or styling themselves agents for the several colonies in America to attend the Board on Thursday, the 19th of December, in order to produce the several laws or other authorities by which they are respectively impowered to act as agents that the same may be recorded in this office.

Nova Scotia.

The Secretary laid before the Board a memorial prepared by Mr. Kilby, agent for Nova Scotia, to be presented to the Lords of the Treasury desiring that the sum of £9,818 18s. 6d. may be issued to him to discharge certain expences incurred in the service of that colony, and their lordships having approved thereof, it was ordered that Mr. Kilby do present the same to the Lords Commissioners of the Treasury, for their Lordships' directions thereupon.

Jamaica.

The draught of a report upon the petition of the inhabitants, etc., of the county of Cornwall in Jamaica, mentioned in yesterday's minutes, having been prepared pursuant thereto, was agreed to and ordered to be transcribed.

Virginia.

Their lordships took into consideration an Act passed in Virginia in April, 1752, entituled,
An Act for docking the intail of certain lands in the county of James City and vesting the same in Thomas Chamberlain, gentleman, in fee simple and for settling other lands of greater value to the same uses.
and being informed that Mr. Abercromby, agent for Virginia, was attending without with Mr. Randolph of that colony and had something to offer thereupon, they were called in, and Mr. Abercromby acquainted their lordships that Mr. Lamb having when this Act was under his consideration objected to the confirming it, as it did not appear that all the persons interested in it had given their consent, he had endeavoured to obtain information how that matter stood, and had brought Mr. Randolph to give evidence before the Board that the only person concerned in interest in this Act and who was in the entail was long since deceased, without issue; whereupon their lordships desired Mr. Abercromby to attend Mr. Lamb with Mr. Randolph that their lordships might know whether Mr. Randolph's information did entirely obviate Mr. Lamb's objection.

Thursday, December 19. Present:—Earl of Halifax, Right Honourable Horatio Walpole, Mr. Pitt, Mr. Oswald.

Plantations General.

The following persons acting as agents for the colonies attending pursuant to yesterday's minutes, and laid before the Board the several laws and other authorities by which they are impowered to act in that capacity, which were ordered to be recorded in a book to be kept for that purpose and the originals to be returned, viz.:—
Mr. Abercromby, agent for Virginia and North Carolina.
Mr. Charles, agent for New York.
Mr. Partridge, agent for New Jersey, Pennsylvania, Connecticut and Rhode Island.
Mr. Crokatt, agent for South Carolina.
Mr. John Sharpe, agent for Jamaica, Barbados, Antigua and Nevis.
Mr. Tomlinson, agent for New Hampshire.
Mr. Wilmot, agent for Montserrat, not being able to attend himself, a gentleman attended on his behalf, and laid before the Board the authorities by which he acted as agent.
Mr. Bollan, styling himself agent for the Massachusets Bay, sent an excuse that he was not able to attend on account of sickness.
No agents appeared for the Islands of Bermuda, Bahamas and St. Christopher's or for the colony of Maryland.

New York.

The Board being informed that Mr. Charles, agent for the province of New York, was attending without and had a motion to make to the Board, he was called in, and moved their lordships that he might be informed of what resolutions their lordships had taken upon the representation of the Assembly of New York, relative to the 39th Article of the late Governor's instructions; whereupon their lordships observed to Mr. Charles that there were but two parts on which it appeared to them to be necessary to come to any resolution, or to which any answer could properly be given, viz., that part in which the Assembly submit it to the consideration of this Board whether they have been guilty of any disloyalty or disaffection to his Majesty, and that part in which they desire the mediation of the Board with his Majesty that this instruction may be withdrawn; that with respect to the first it never was the intention of this Board to charge the Assembly of New York with personal disloyalty or disaffection to his Majesty, and that it did not appear to them that any such charge is contained in that instruction; that as to the second point the Board had wrote their sentiments fully upon that instruction to the Lieutenant Governor and should not fail of making a proper representation to his Majesty, whenever it should appear to them to be necessary for his Majesty's service, or when a new Governor should be appointed.

Jamaica.

The draught of a report upon the petition of the inhabitants of the county of Cornwall in Jamaica, having been transcribed pursuant to the preceding minute, was signed.