Journal, May 1761: Volume 68

Journal, May 1761

fo. 244.

Friday, May 1. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice, Mr. Yorke.

Newfoundland.

The draught of a representation to his Majesty, with the draught of instructions for the Governor of Newfoundland, having been prepared pursuant to order, was approved, transcribed and signed.

Bermuda.

New Hampshire.

New York.

New Jersey.

Georgia.

fo. 245.

The draughts of representations to his Majesty, with the draughts of general instructions, and of those relating to the observance of the laws of trade for the Governors of Bermuda, New Hampshire, New York, New Jersey and Georgia, having been prepared, pursuant to order, were approved and ordered to be transcribed.

South Carolina.

The draught of a representation to his Majesty, proposing that Charles Skinner, John Drayton and John Rattray, may be appointed of the Council of South Carolina, having been prepared pursuant to order, was approved and ordered to be transcribed.

New Jersey.

Read a letter from Henry Potts, Esquire, Secretary to the Postmaster General, to Mr. Pownall, dated April 29th, 1761, inclosing the copy of a letter to him from Mr. Franklyn, joint Deputy Postmaster General in North America, relative to the alteration, which Mr. Boone desired might be made in the route of the post through New Jersey.

fo. 246.

Wednesday, May 6. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

New Hampshire.

New York.

New Jersey.

Bermuda.

Georgia.

South Carolina.

The draughts of representations to his Majesty, with the draughts of general instructions and of those for the observance of the laws of trade for the Governors of New Hampshire, New York, New Jersey, Bermuda and Georgia, having been transcribed pursuant to order, were signed, as was also a representation to his Majesty, proposing that Charles Skinner, John Drayton, and John Rattray, may be appointed of the Council of South Carolina.

Plantations General.

The Secretary laid before the Board the following Orders of his Majesty in Council, viz.
Nova Scotia.
fo. 247.
Order of his Majesty in Council, dated the 30th of April, 1761, repealing an Act passed in Nova Scotia in January, 1760, entituled, an Act to enable Proprietors to divide their lands held in common and undivided.
Order of his Majesty in Council, dated 30th April, 1761, repealing an Act passed in Nova Scotia in March, 1760, entituled, an Act to prevent the importing disabled, infirm and other useless persons into this province.

Ordered, that the said orders be forthwith transmitted to the Governor of Nova Scotia, together with copies of their lordships' representations upon the Acts thereby repealed.
South Carolina.
fo. 248.
Order of his Majesty in Council, dated 30th April, 1761, approving a representation of this Board, proposing that Thomas Boone, Esquire, Governor of South Carolina, may have leave to return to this kingdom for the space of twelve months, and directing a warrant to be prepared for that purpose.

The draught of a warrant having been accordingly prepared, was approved, and a representation to his Majesty thereupon was signed.
North Carolina.
fo. 249.
Order of his Majesty in Council, dated the 30th April, 1761, approving a representation of this Board, respecting the suspension of Messrs. Rutherford and Murray from their seats in the Council of North Carolina; and directing the former to be restored to his place and rank therein, and that the name of the latter be not inserted in his Majesty's general instructions, till a further enquiry be made into his conduct.

The first article of the draught of general instructions for the Governor of North Carolina, agreed to the 22nd of April, having been drawn conformable to the directions of the said order, the draught of a representation to his Majesty thereupon, prepared pursuant to order, was approved, transcribed and signed.

Massachusetts.

fo. 250.

Their lordships took into further consideration the law of the Massachusets Bay, for regulating fees, and Mr. Bollan, the agent, attending without, pursuant to order, he was called in, and acquainted their lordships that he was unable, from great indisposition, to enter largely into the merits of the objections stated by their lordships to the said Act, and should only observe in general, that the government of Massachusets Bay, having by their charter a free and unrestrained power of legislation, they would never consent to the inserting suspending clauses in any Acts to be passed by them, and had never done it in any one instance; that he would however acquaint them with the Board's objection to this Act, and hoped it might lye by untill he had an opportunity of consulting his constituents upon it.

Mr. Bollan being ordered to withdraw, their lordships agreed to postpone the further consideration of the Act to another opportunity, and the Secretary was ordered to acquaint Mr. Bollan therewith.

Virginia.

fo. 251.

The Secretary having acquainted the Board, that Mr. Montague, agent for the Colony of Virginia, had desired him to move their lordships to appoint a day to take into consideration the address and representation of the Council and House of Burgesses of Virginia, respecting several laws of that colony, lately repealed by his Majesty, and praying that the restriction in the Governor's instructions, relative to the passing temporary laws and repealing laws not confirmed by the Crown, may be taken off; their lordships agreed to take the said address and representation into consideration on Friday next, the 8th instant, and the Secretary was ordered to give notice thereof to the agent.

Miscellanies.

fo. 252.

The Secretary laid before the Board a copy of his Majesty's letters of Privy Seal, dated the 4th instant, containing directions for payment of the several salaries to the Commissioners, Secretary and under officers of this Board, and also of the incidental expences of the Office; and the said letters of Privy Seal were read and ordered to be entered.

The Secretary then laid before the Board an account of the petty expences and incidental charges of this Office, from the 25th of October, 1760, to the 5th of April, 1761, amounting in the whole to seven hundred, forty nine pounds, eleven shillings and six pence; and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and under officers in the service of this Board, was signed.

Leeward Islands.

fo. 253.

The Secretary laid before the Board draughts of general instructions and of those which relate to the observance of the laws of trade, prepared pursuant to order, for the Governor of the Leeward Islands, and the said draughts having been agreed to, with several alterations and additions, were ordered to be transcribed, and the draught of a representation to his Majesty thereupon to be prepared.

Friday, May 8. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Virginia.

fo. 254.

Their lordships took into consideration the Order of the Lords of the Committee of Council for Plantation Affairs, referring to this Board an address and representation of the Council and House of Burgesses of Virginia, respecting several laws of that colony lately repealed, and praying that the restriction in the Governor's instructions, relative to the passing temporary laws and repealing laws not confirmed by the Crown, may be taken off; and Mr. Montague, agent for the colony, attending pursuant to order, was called; and their lordships having heard what he had to offer in support of the said address and representation, he was ordered to withdraw, and the draught of a representation thereupon to the Lords of the Committee of Council for Plantation Affairs, was ordered to be prepared.

Plantations General.

Quebec.

fo. 255.

Read a letter from James Murray, Esquire, Governor of Quebec, to the Board, dated 19th February, 1761, giving an account of the ceremonial of proclaiming his Majesty, and inclosing the proclamation in both languages.

Connecticut.

Read a letter from Thomas Fitch, Esquire, Governor of Connecticut, to the Board, dated 28th January, 1761, giving an account of the ceremonial of proclaiming his Majesty in that colony, etc.

New York.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, to the Board, dated 5th April, 1761, acquainting them with the proceedings of the legislature of that colony upon the demise of his late Majesty.

fo. 256.

Tuesday, May 19. Present:—Lord Sandys, Mr. Jenyns, Sir Edmund Thomas, Mr. Rice.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated February 14th, 1761, recommending James Brebner, Esquire, to be appointed one of the Council of Antigua.

Ordered, that the name of James Brebner be added to the list of the Council of Antigua, and inserted in the first article of the Governor's instructions now transcribing.

fo. 257.

The draught of a representation to his Majesty upon the said draught of instructions, and upon that for the observance of the laws of trade, having been prepared pursuant to order, was agreed to, transcribed and signed.

Virginia.

The draught of a representation to the Lords of the Committee of Council for Plantation Affairs, upon the address and representation of the Council and House of Burgesses of Virginia, mentioned in the minutes of the 8th instant, having been prepared pursuant to order, was approved and ordered to be transcribed.

Newfoundland.

Read a letter from Mr. Secretary Pitt, dated the 16th instant, notifying the appointment of Captain Thomas Graves to be Governor of Newfoundland in the room of Captain Webb, and signifying his Majesty's pleasure that this Board do prepare a draught of the usual Commission and instructions.

fo. 258.

The draught of a Commission in the usual form having been prepared, was approved and ordered to be transcribed, and a representation to his Majesty thereupon was signed.

Ordered, that the draught of instructions for the said Captain Graves be prepared with all possible dispatch.

Trade.

Africa.

Read a memorial of the Committee of the Company of Merchants trading to Africa, setting forth the inconveniencies which had followed, from the French having heretofore had a settlement at Albreda in the River Gambia, and praying that the Board would take such measures as they thought proper, for preventing the resettlement of that place upon a peace.

fo. 259.

Whereupon their lordships agreed to transmit the said memorial to Mr. Secretary Pitt, and a letter to him therewith was accordingly prepared, agreed to and signed.

Plantations General.

Read an Order of his Majesty in Council, dated the 8th day of May, 1761, signifying that his Majesty had ordered the Advocate General and the Advocate of the Admiralty to prepare draughts of Commissions for tryal of pirates in the Plantations; and directing this Board to present to his Majesty the names of such persons, as they shall think fit and proper to be such commissioners.

Ordered, that the draught of a representation to his Majesty thereupon be prepared, conformable to what has been the practice heretofore in like cases.

Connecticut.

fo. 260.

Read a letter from the Secretary to the Lords Commissioners of the Admiralty, to Mr. Pownall, dated the 4th of May, 1761, inclosing some papers relative to a proposal made for erecting a Court of Vice Admiralty in the Colony of Connecticut, and signifying the request of the Lords Commissioners of the Admiralty, that this Board would favour them with their opinion, whether it would be expedient to erect such a court, and if so, to recommend proper persons to be the officers of such court.

Their lordships took the said letter into consideration, and some minutes were taken, from which the Secretary was ordered to prepare the draught of a letter to Mr. Clevland, in answer to his.

Barbados.

Georgia.

fo. 261.

Read letters from the Governors of Barbados and Georgia, inclosing addresses of themselves and the Councils to his Majesty, on occasion of his Majesty's accession to the Crown.

Whereupon their lordships agreed to transmit the said addresses to Mr. Secretary Pitt, to be laid before his Majesty, and a letter to him therewith was ordered to be prepared.

Jamaica.

Read a letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, dated March 7th, 1761, acquainting the Board that everything in that island is in perfect tranquility.

fo. 262.

Wednesday, May 20. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Virginia.

Barbados.

Georgia.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs, upon the address and representation of the Council and House of Burgesses of Virginia, mentioned in the minutes of the 19th instant, having been transcribed pursuant to order, was signed, as was also a letter to Mr. Secretary Pitt, inclosing addresses of the Governors and Councils of Barbados and Georgia, on his Majesty's accession to the throne.

New Jersey.

fo. 263.

Their lordships took into consideration five Acts, passed in the Colony of New Jersey in March, 1759, together with Sir Matthew Lamb's report thereupon; and the said Acts and the report having been read, some minutes were taken, preparatory to a representation to his Majesty upon the two following Acts, which appeared to their lordships to be liable to great objection.
An Act for raising one thousand effective volunteers, officers included, for his Majesty's service in the ensuing campaign, and making provision for the same, and for other purposes therein mentioned.
fo. 264.
An Act for the support of government of his Majesty's Colony of New Jersey, to commence the 21st day of May, 1759, and to end the 21st day of May, 1760, and to discharge the publick debts and contingent charges thereof, and for settling the quotas in the respective counties and levying a provincial tax, and for other purposes therein mentioned.

Friday, May 22. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Plantations General.

The draught of a representation to his Majesty, with the names of persons proper to be Commissioners for trial of pirates in the Plantations, having been prepared pursuant to order, was approved and ordered to be transcribed.

Newfoundland.

A representation to his Majesty, with the draught of instructions for Thomas Graves, Esquire, was approved, transcribed and signed.

fo. 265.

Miscellanies.

Read an Order of his Majesty in Council, dated the 15th of May, 1761, revoking that part of an Order in Council of the 11th of March, 1752, by which the nomination to offices in the Plantations is vested in this Board, and directing, that the correspondence between this Board and the Governors of the said Plantations should continue to be carried on in the manner directed by the said order of 1752.

Ordered, that the said order be entered upon the books of this Office under the head of Miscellanies and Plantations General.

Pennsylvania.

fo. 266.

Their lordships took into consideration five Acts passed in Pennsylvania in 1757 and 1760, together with Sir Matthew Lamb's report thereupon; and some doubts having arisen, with respect to a clause in the Act for regulating the officers and soldiers in the pay of that province, it was ordered, that the said Act should lye by for further consideration on Tuesday next, the 26th instant, and that the Secretary should give notice to Sir Matthew Lamb to attend on that day.

Massachusetts.

New York.

Virginia.

Their lordships then took into consideration five Acts passed in the Province of Massachusets Bay, and eight Acts passed in New York in June, 1760, and also four Acts passed in Virginia in March and October, 1760, together with Sir Matthew Lamb's reports thereupon; and no objection appearing at present to the said Acts, they were ordered to lye by probationary, untill the further effect and operation of them should be known.

Georgia.

fo. 267.

The Secretary laid before the Board a memorial prepared by the agent for the affairs of Georgia, to be presented to the Lords Commissioners of the Treasury, praying that he may be impowered, out of the ballance remaining in his hands of the money granted by Parliament for the service of that colony, to discharge several bills, drawn upon him by the Governor, for the expences attending the silk culture, etc.; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of the Treasury for their lordships' directions upon it.

fo. 268.

Tuesday, May 26. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Pennsylvania.

Their lordships took into consideration the laws of Pennsylvania, mentioned in the minutes of Friday last, and Sir Matthew Lamb attending, as desired, their lordships had some conversation with him upon the subject matter of the objections, which had occurred to their lordships against a clause in the Act for regulating the officers and soldiers in the pay of that province.

Ordered, that the draught of a report to the Lords of the Committee of Council for Plantation Affairs upon the said Act be prepared.

fo. 269.

South Carolina.

Their lordships then took into consideration the following Acts passed in the Province of South Carolina in 1759.
An Act to supply the defects in evidence where original wills cannot be produced, and to make the proceedings upon questions arising upon such wills more easy and effectual, and for repealing so much of the second clause of an Act for making more effectual last wills and testaments as contradicts or repeals the ninth clause of the Act against bastardy.
fo. 270.
An Act for preventing as much as may be the spreading of malignant and contagious distempers in this province, and for repealing the former Acts and paragraphs of Acts heretofore made for that purpose.
An additional Act to an Act entitled an Act to ascertain the manner and form of electing members to represent the inhabitants of this province in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing or being chosen members of the said House, passed the 21st day of September in the year of our Lord 1721, and for repealing several clauses in the said Act.

fo. 271.

Their lordships also took into consideration Sir Matthew Lamb's report upon the said Act, mentioned in the minutes of the 11th of March last; and Sir Matthew Lamb having stated to their lordships the grounds and reasons for the objections made by him to the first of these Acts, and other objections appearing to their lordships against that for regulating the election of members of the Assembly, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said two Acts may be repealed.

Wednesday, May 27. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Pennsylvania.

fo. 272.

South Carolina.

The draught of a representation to the Lords of the Committee of Council for Plantation Affairs, upon five Acts passed in Pennsylvania in 1757 and 1760, and of a representation to his Majesty, proposing the repeal of two Acts passed in South Carolina in 1759, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

North Carolina.

South Carolina.

Their lordships then took into consideration thirteen Acts, passed in North Carolina between November, 1759, and January, 1760, and also six Acts passed in South Carolina in May, 1758, together with Sir Matthew Lamb's reports thereupon; and the said Acts and reports having been read, and no objection appearing to their lordships against the said Acts, it was agreed, that they should lye by probationary, until the further effect and operation of such of them, as have not expired, shall be known.

Georgia.

fo. 273.

Their lordships likewise took into consideration fourteen Acts passed in the Colony of Georgia in April, May and June, 1760, together with Sir Matthew Lamb's report thereupon; and the said Acts and reports having been read, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the two following Acts, which appeared liable to great objection, should be repealed, viz.
An Act to enable feme couverts to convey their estates, and for confirming and making valid all conveyances and acknowledgments heretofore made by feme couverts.
fo. 274.
An Act for the more easy and speedy recovery of small debts and damages.

It was further ordered, that the Act for stamping and issuing seven thousand, four hundred and ten pounds sterling in paper bills of credit, should lye by for further consideration at another opportunity.

Jamaica.

Massachusetts.

The Secretary laid before the Board the following publick papers received from Jamaica and the Province of the Massachusets Bay, viz.
Minutes of Council from the 14th of July, 1760, to 10th of January, 1761.
Minutes of Council in Assembly from the 18th of September to the 19th of December, 1760.
fo. 275.
Minutes of Assembly from the 18th of September to the 19th of December, 1760.
Twenty nine Acts passed in October, November and December, 1760.
Nine Acts passed in the Province of the Massachusets Bay in January, 1761.

Ordered, that the above mentioned Jamaica Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law, and that the Massachusets laws be delivered to the Clerk of his Majesty's Privy Council in waiting, to be laid before his Majesty at that Board.

fo. 276.

Friday, May 29. Present:—Lord Sandys, Mr. Stone, Mr. Jenyns, Mr. Bacon.

Pennsylvania.

South Carolina.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs upon five Acts passed in Pennsylvania in 1757 and 1760, and also of a representation to his Majesty, proposing the repeal of two Acts passed in South Carolina in 1759, having been transcribed pursuant to order, were signed.

Georgia.

The draught of a representation to his Majesty, proposing the repeal of two Acts passed in Georgia in 1760, mentioned in the preceding day's minutes, having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Jamaica.

fo. 277.

Their lordships then took into consideration eighteen Acts passed in Jamaica in May, October and November, 1759, together with Sir Matthew Lamb's reports thereupon; and the said Acts and reports having been severally read, it was ordered, that such of the said Acts, as have not expired by their own limitation, should lye by probationary, untill the further effect and operation of them should be known.

fo. 278.

Ordered, that the Secretary do transmit a copy of the Act to prohibit the importation of sugars, rum and molasses of the growth of the French, Spanish, Dutch and Danish colonies in America into this island, and for preventing several frauds committed by persons trading to and from the Northern colonies, to the Commissioners of his Majesty's Customs, and desire the favour of their sentiments upon it, so far as concerns his Majesty's revenue of Customs and the duty of the officers of the Crown within their department.