Journal, December 1760: Volume 68

Journal, December 1760

Tuesday, December 2. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Plantations General.

The Secretary laid before the Board a draught of instructions, prepared pursuant to order, for the guidance and direction of his Majesty's Seal Engraver, in preparing draughts of publick Seals for the Plantations; and the said draught having been approved, the Secretary was directed to sign it, and deliver it to the said Engraver.

North Carolina.

Bermuda.

fo. 63.

The draughts of representations to his Majesty, proposing that John Sampson, Esquire, may be appointed of the Council of North Carolina in the room of James Innes, Esquire, deceased; and for laying before his Majesty the reasons of the Governor and Council for removing Mr. Corbin from his seat at that Board, having been prepared pursuant to order, were agreed to, transcribed and signed; as was also another representation to his Majesty, proposing that John Harvey, Esquire, may be appointed of the Council of Bermuda in the room of his father, John Harvey, Esquire, deceased.

Trade.

Africa.

fo. 64.

Their lordships took into further consideration Mr. Senior's letter to the Committee of the Company of Merchants trading to Africa, and the several papers annexed to it, relating to the pretensions of the Dutch Governor of Elmina to prevent Portuguese vessels from trading on the Coast of Africa to the westward of the River Volta; and after some time spent therein, agreed to consider further thereof on Tuesday next; and the Secretary was ordered to write to the Committee of the Company of Merchants trading to Africa, to desire their attendance at the Board on that day; and that they would bring with them any such persons as they think may be able to give any information upon this point.

Nova Scotia.

fo. 65.

Read a letter from Jonathan Belcher, Esquire, President of the Council of Nova Scotia, to the Board, dated 26th October, 1760, acquainting their lordships with the death of Governor Lawrence, and transmitting,
Abstract of the state of the civil establishment for Nova Scotia in 1759.
Estimate of the civil establishment at Nova Scotia, 1761.

New York.

Read the following letters and papers received from the President of the Council of New York, viz.
Letter from Cadwallader Colden, Esquire, President of the Council, to the Board, dated 20th September, 1760, congratulating their lordships on the success of his Majesty's arms in the reduction of Canada; and transmitting publick papers.
fo. 66.
Minutes of Council from 13th May to 10th June, 1760.
Ditto: from 2nd July to 1st August, 1760.
Minutes of Assembly from 11th to 22nd March, 1760.
Ditto: from 13th May to 10th June, 1760.
Ten Acts passed, 10th June, 1760.
Letter from Cadwallader Colden, Esquire, to the Board, dated 27th October, 1760.
His speech to the Assembly, 22nd October, 1760.
List of Acts passed in June, 1760.

Ordered, that such of the Acts, as have not expired by their own limitation, be referred to Sir Matthew Lamb for his opinion thereupon in point of law.

Virginia.

fo. 67.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, to the Board, dated 1st September, 1760, acknowledging the receipt of their lordships' letter of 13th June last, with the Order in Council repealing three Acts passed in 1758 and 1759, and offering reasons in justification of his conduct with respect to those and other Acts passed in breach of his instructions.

Wednesday, December 3. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Jamaica.

Their lordships pursuant to the minutes of the 25th April last, took into further consideration an Act passed in the Island of Jamaica in 1759, intituled,
fo. 68.
An Act for the sale of certain lands in Liguanea in the parish of Saint Andrew, belonging to Henry Archbould, a minor, son and heir and residuary devisee of Henry Archbould, late of the said parish, Esquire, deceased, for payment of the sum of Eight thousand pounds with interest, devised by the will of the said Henry Archbould to his daughter Sarah Elizabeth Archbould, and for other the purposes therein mentioned.

Ordered, that the draught of a representation to his Majesty be prepared, proposing that the said Act may be confirmed.

Nova Scotia.

fo. 69.

Their lordships then took into consideration the body of laws passed by the first General Assembly of his Majesty's Province of Nova Scotia, together with Sir Matthew Lamb's report thereupon; and having made some progress therein, agreed to take the said laws into further consideration to-morrow morning.

Thursday, December 4. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Jamaica.

fo. 70.

The draught of a representation to his Majesty, proposing the confirmation of a private Act passed in Jamaica in 1759, for sale of the estate of Henry Archbould, a minor, etc., having been prepared pursuant to order, was agreed to and signed.

Nova Scotia.

Their lordships made a further progress in the consideration of the body of laws passed by the first General Assembly of the Province of Nova Scotia.

Tuesday, December 9. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

fo. 71.

fo. 72.

fo. 73.

Their lordships pursuant to the minutes of the 2nd instant, took into further consideration the letter to the Committee of the Company of Merchants trading to Africa from Mr. Senior, Chief of Cape Coast Castle, and the several papers annexed to it, relating to the pretensions of the Dutch Governor of Elmina to prevent Portuguese ships from trading to the westward of the River Volta; and several gentlemen of the Committee attending pursuant to order, with Mr. Bell, heretofore Chief at Cape Coast Castle, and lately reappointed to that command, their lordships had some conversation with them upon the subject matter of the said letter and papers, the result of which was that they had no vestige upon their books of any such treaty between the Dutch and Portuguese as is therein mentioned; that if there ever was such treaty, they supposed it must have been made many years ago, and that it is expired; that the Dutch, however, whenever they have a superior force upon the coast, do prevent Portuguese ships from trading with our forts; and that, on the contrary, when we have a superior naval strength there, we avail ourselves of it to force a trade with the Portuguese ships, and that, even when they have officers of the Dutch on board, who by having a vessel constantly stationed far to windward, have it in their power to put officers on board as soon as the ships come upon the coast; that it was their opinion that the only method of rendering the pretensions of the Dutch ineffectual, would be to have a proper naval force constantly stationed upon the coast; and that they should therefore make an application to the Admiralty for that purpose; which their lordships approved of, and then they withdrew.

Trade.

East Indies.

Their lordships took into consideration a comparative state of the exports of the United Company of Merchants trading to the East Indies, for the years 1756, 1757, 1758, 1759 and 1760; and the same having been fully considered and examined, the draught of a report thereupon to the Lords of the Committee of Council, pursuant to their several orders, was agreed to, and ordered to be transcribed.

Bermuda.

North Carolina.

fo. 74.

Read two Orders of his Majesty in Council, dated the 3rd instant, approving two representations of this Board, that John Harvey, Esquire, may be appointed of the Council of the Bermuda Islands, and that John Sampson, Esquire, may be appointed of the Council of North Carolina, and directing proper warrants to be prepared.

Warrants in the usual form were accordingly prepared, and representations to his Majesty therewith, were signed.

Massachusetts.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 27th November, 1760, referring to this Board for their consideration and opinion, fifteen Acts passed in the Province of the Massachusets Bay in June and August last.

fo. 75.

Ordered, that such of the said Acts, as have not expired by their own limitation, be referred to Sir Matthew Lamb for his opinion thereupon in point of law.

Wednesday, December 10. Present:—Earl of Halifax, Mr. Jenyns, Mr. Sloper.

Trade.

East Indies.

The draught of a report to the Lords of the Committee of Council upon a comparative state of the exports of the India Company, having been transcribed pursuant to order, was signed.

Nova Scotia.

fo. 76.

Their lordships made a further progress in the consideration of the laws passed by the first General Assembly of the Province of Nova Scotia.

Thursday, December 11. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Nova Scotia.

Their lordships took into further consideration the body of laws passed by the first General Assembly of the Province of Nova Scotia; and having gone through the same, ordered the draught of a letter to Mr. Belcher, President of the Council of the said province, containing their lordships' observations upon several of the said laws, to be prepared.

fo. 77.

Their lordships then took into consideration twenty one Acts passed in the Province of Massachusets Bay in March and April, 1759, together with Sir Matthew Lamb's report thereupon; and no objection appeared to lye to any of the said Acts.

Friday, December 12. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Nova Scotia.

The draught of a letter to Mr. Belcher, President of the Council of Nova Scotia, having been prepared pursuant to order, was agreed to, transcribed and signed.

fo. 78.

Wednesday, December 17. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

South Carolina.

Read the following letters received from the Lieutenant Governor of South Carolina, viz.
Letter from William Bull, Esquire, Lieutenant Governor of South Carolina, dated 15th August, 1760, to the Board, concerning the measures he has taken since Colonel Montgomery's retreat, for protecting the country against frequent incursions.
Letter from William Bull, Esquire, Lieutenant Governor of South Carolina, dated October 21st and 24th, 1760, containing an account of all his proceedings relative to the Cherokees, as well with regard to peace as war.

South Carolina.

fo. 79.

Ordered, that a copy be made of Mr. Bull's letter of the 21st of October, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to him therewith be prepared.

New York.

Their lordships then took into consideration an Act passed in the Province of New York in December, 1759, to impower Justices of the Peace, mayors, recorders and aldermen to try causes to the value of five pounds and under, etc., as also Sir Matthew Lamb's report thereupon; and after some time spent therein, agreed to lay the said Act before his Majesty for his royal confirmation; and the draught of a representation to his Majesty for that purpose was accordingly ordered to be prepared.

Barbados.

fo. 80.

Their lordships then took into consideration ten Acts passed in Barbados in 1758 and 1759, together with Sir Matthew Lamb's report thereupon; and, after some time spent therein, agreed to lay the Act for the appointing of watches and for other purposes, before his Majesty for his royal disallowance; and the draught of a representation to his Majesty for that purpose was accordingly ordered to be prepared.

Nova Scotia.

The Secretary laid before the Board an account delivered in by Captain Ball of expences he was at in bringing a packet of dispatches from Halifax in Nova Scotia to London, amounting to sixteen pounds.

fo. 81.

Ordered, that the agent for Nova Scotia be directed to insert the said demand in the next account, which he shall have occasion to present to the Lords Commissioners of the Treasury, of expences incurred for the service of that colony.

Friday, December 19. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

New York.

Barbados.

South Carolina.

fo. 82.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in the Province of New York in 1759, for impowering Justices of the peace, etc. to try small causes, having been prepared pursuant to order, was agreed to, transcribed and signed; as were also the draught of a representation to his Majesty, proposing the repeal of an Act passed in Barbados in 1759, for the appointing of watches and other purposes; and the draught of a letter to Mr. Secretary Pitt, with the copy of a letter from the Lieutenant Governor of South Carolina of the 21st of October last.

Banamas.

Read the following letters and papers received from the Governor of the Bahama Islands, viz.
fo. 83.
Letter from William Shirley, Esquire, Governor of the Bahama Islands, to the Board, dated October 23rd, 1760, containing the state of his Majesty's Council, and his reasons for having suspended Mr. Samuel Gambier from his place of Judge of the Admiralty, and from his seat in Council.
The declaration of William Mouat, Esquire, his Majesty's Advocate General for the Bahama Islands, dated 23rd October, 1760.
Copy of Mr. Edward Scott's letter to Governor Shirley relative to the circumstances of Mr. Samuel Gambier.
Petition of sundry owners of privateers, merchants, etc. to Governor Shirley, praying him to remove Samuel Gambier, Esquire, Judge of the Admiralty.
The translation of Don Gregorio Joseph Franco's declaration, dated October 23rd, 1760.
Copy of the decree of the Judge Surrogate in the case of the Snow Thomas and Waddle.
fo. 84.
Letter from William Shirley, Esquire, Governor of the Bahama Islands, to the Secretary, dated October 15th, 1760, relative to a complaint which Mr. Gambier intends to transmit against the said Governor.

Ordered, that these letters and papers do lie by for further consideration, when the other papers mentioned in Mr. Shirley's letter to the Secretary shall have been received.

New York.

Read the following letters and papers received from Mr. Colden, President of the Council of New York, viz.
fo. 85.
Letter from Mr. Colden to the Board, dated November 11th, 1760, stating the regard of the Assembly to him, and desiring to be continued for some time in the administration of the government.
Printed copy of Mr. Colden's speech to the Council and Assembly of New York, 22nd October, 1760.
Printed copies of the addresses of the Council and Assembly to Mr. Colden, and of Mr. Colden's answers.
Letter from Mr. President Colden to the Board, dated November 11th, 1760, containing observations on two Acts lately passed in New York.
Printed votes of the General Assembly of New York from 21st to 30th October, 1760.
List of the Acts passed 8th November, 1760.