Journal, January 1762

fo. 1.

At a Meeting of his Majesty's Commissioners for Trade and Plantations.

Monday, January 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Miscellanies.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office from the 10th of October, 1761, to the 5th instant, (fn. 1) amounting in the whole to four hundred, fifty pounds, ten shillings; 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.

Nova Scotia.

The Secretary laid before the Board the following Orders of the House of Commons, viz.
fo. 2.
"Martis, 22° die Decembris, 1761.
"Ordered,
That there be laid before this House, an account of the money paid and charges incurred by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia, from the 1st of January, 1759, to the 31st of December following.
"Ordered,
"That there be laid before this House, an account of the money paid and charges incurred by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia from the 1st of January, 1760, to the 31st of December following.
"J. Dyson.
Cl. Dom. Com."

fo. 3.

The Secretary also laid before the Board an account of money paid and charges incurred by supporting and maintaining the settlement of his Majesty's Colony of Nova Scotia for the year 1759, prepared by the agent for the affairs of the said settlement, and Mr. Bacon was desired to present it to the House of Commons at their first meeting after the recess; and to report to the House that the last mentioned Order cannot at present be complyed with, by reason the proper officers in the colony have not transmitted compleat accounts of the expenditure or any vouchers for the payment of money for the year 1760, but that as soon as the accounts and vouchers shall have been received, the account will be made up with all possible dispatch and laid before the House.

Jamaica.

fo. 4.

fo. 5.

Their lordships took into consideration the Act passed in the Island of Jamaica in April last, entituled, an Act to explain and amend two several Acts of this island, one entitled an Act for giving licence to the captors, other Proprietors and purchasers of prize goods brought into and condemned as such in this island, to export the same under certain regulations free from any duties imposed by the laws of this island, and for laying a duty on certain wines that may be brought in and condemned as prize and sold in this island, and not already liable to any duty or impost; and the other, an Act entitled an 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; and Mr. Eyre, sollicitor in behalf of Mr. Muir, agent for the captors of prize ships and goods carried into Jamaica, attending without with Mr. De Grey and Mr. Wedderburn, his counsel, as also Mr. Stanhope, agent for the island, they were called in; and each party respectively having been fully heard in what they had to offer upon the subject matter of the said Act, they were ordered to withdraw; and it was agreed to take the said Act and the arguments offered for and against it into further consideration on Wednesday next.

Ordered, that the consideration of the Act passed in the Island of Jamaica in 1760, complained of by the Provost Marshall, be further put off to Thursday, the 21st instant, and that the Secretary do give notice thereof to the parties concerned.

fo. 6.

Wednesday, January 13. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Trade.

Read an Order of the Lords of the Committee of Council, on the 11th of December, 1761, referring to this Board an account of the exports of the East India Company from Michaelmas, 1760, to Michaelmas, 1761, and directing that it be compared with accounts of other years and report of such comparison made to the Committee.

Massachusetts.

Read two Orders of the Lords of the Committee of Council for Plantation Affairs, the one dated September 25th, the other December 10th, 1761, referring to this Board for their examination and opinion twenty nine Acts passed in the Province of Massachusets Bay in 1761.

fo. 7.

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

New Jersey.

The Secretary laid before the Board an Order of his Majesty in Council on the 2nd instant, repealing two Acts passed in the Province of New Jersey in April last.

Ordered, that the said Order of repeal be transmitted to the Governor of New Jersey, together with a copy of the Board's representation to his Majesty in Council upon the said laws.

Jamaica.

fo. 8.

Their lordships took into consideration the Act of Jamaica, mentioned in the minutes of Monday last, together with the two Acts referred to therein, and also the arguments of the counsel upon them and made some progress therein.

Plantations General.

Mr. Seaton, appointed Chief Engraver of his Majesty's Seals, in the room of Mr. Major, attending without, was called in, and the Secretary, by order of the Board, delivered to him a warrant containing instructions for his guidance and direction in preparing draughts of Seals for the Plantations, which warrant was of the same tenor and to the same effect as that given to Mr. Major on the 2nd of December, 1760.

fo. 9.

Thursday, January 14. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Jamaica.

Their lordships took into further consideration the Jamaica Act relative to prize ships and goods, mentioned in the minutes of yesterday, and also the two Acts referred to in the said Act, and after some time spent therein, it was ordered, that the draught of a representation to his Majesty proposing the repeal of the said Acts should be prepared.

Newfoundland.

fo. 10.

Read a letter from Otho Hamilton, Esquire, Commandant of the Garrison at Placentia in Newfoundland, dated the 6th of April, 1761, acquainting the Board that his Majesty was, in obedience to the Order of the Lords of the Council, proclaimed there on the 5th of that month with all possible respect and solemnity.

New York.

Read a letter from Brigadier General Monckton, Governor of New York, dated the 10th of November, 1761, acquainting the Board that he had received his Commission, which was published in the usual manner, after which he delivered the government into the hands of Mr. Colden, and was preparing to embark for an expedition on which his Majesty had ordered him; he further acquaints the Board that Mr. Kennedy, one of the Council, had resigned his seat and recommends Mr. Read to supply the vacancy.

fo. 11.

It appearing that William Alexander, Esquire, claiming to be Earl of Stirling, stood noted on the list to succeed to the first vacancy in the Council of New York, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that he may be appointed of the said Council in the place of Mr. Kennedy.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated the 25th of November, 1761, acquainting the Board that he had again taken upon him the administration of the government of that province, upon General Monckton's departure upon the expedition, and desiring that a supposed error in the instruction, relative to the allowance to the Lieutenant Governor, in the absence of the Governor in Chief, may be corrected.

fo. 12.

It appearing, upon examination into the entry of the instructions to Governors Hunter and Burnet, that Mr. Colden was mistaken in the facts stated by him relative to the said instruction, it was ordered, that the draught of a letter to him in answer to his should be prepared.

New Jersey.

Read a letter from Thomas Boone, Esquire, late Governor of New Jersey, now Governor of South Carolina, dated Perth Amboy, New Jersey, October 20th, 1761, acquainting the Board that he should not avail himself of his Majesty's leave to return to England, but proceed directly from thence to South Carolina.

fo. 13.

Read a letter from Josiah Hardy, Esquire, Governor of New Jersey, dated Perth Amboy, November 23rd, 1761, acquainting the Board with his arrival in that government, that he had published his Commissions, issued new commissions of the peace and for the court of pleas, and renewed Mr. Skinner's Commission to be Attorney and Advocate General.

Pennsylvania.

Read a letter from James Hamilton, Esquire, Deputy Governor of Pennsylvania, to Mr. Pownall, dated October 23rd, 1761, acquainting him that he had transmitted to Mr. Penn, for the use of the Board, two sets of the new edition of the laws of that province.

Virginia.

Read a letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, to the Board, dated 15th September, 1761, with observations upon two laws passed the last session and inclosing,
fo. 14.
Opinion of the Attorney General of Virginia on the case of the captain of a privateer and the Spanish vessel brought in by her.
An account of his Majesty's revenue of quit rents, etc., for the year 1759.
An account of his Majesty's revenue of 2/- per hogshead from 25th April, 1760, to 25th October following.
An account of his Majesty's revenue of 2/- per hogshead from 25th of October, 1760, to 25th April, 1761.
Journal of the General Assembly from October 6th, 1760, to the 10th of April, 1761.
Ditto: of the House of Burgesses from the 6th of October, 1760, to the 10th of April, 1761.
Naval Office lists of ships and vessels entered and cleared at James River between the 5th of April, 1760, and 5th July, 1761.
"Hampton between 25th March, 1760, and 25th April, 1761.
fo. 15.
Rappahannock between the 25th of March, 1760, and 25th April, 1761.
South Potomack between the 10th of October, 1760, and 5th April, 1761.
Accomack between the 10th of October, 1758, and 5th July, 1761.
York River entered inwards between 25th December, 1759, and 25th December, 1760."
Virginia.
Thirty one Acts passed in March and April, 1761.

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

Jamaica.

fo. 16.

Read a letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, dated October 29th, 1761, acknowledging the receipt of the Secretary's letter relative to the Act "for prohibiting the importation into that island of the produce of foreign colonies"; and inclosing his speech to the Council and Assembly on the 12th of October, 1761, and their addresses in answer on the 14th and 15th of that month.

Wednesday, January 20. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

New York.

The draught of a representation to his Majesty, proposing that William Alexander, Esquire, claiming to be Earl of Stirling, may be appointed of the Council of New York, in the room of Mr. Kennedy, who has resigned, having been prepared pursuant to order, was agreed to and signed.

fo. 17.

New York.

The draught of a letter to Mr. Colden, Lieutenant Governor of New York, in answer to his of the 23rd of November last, having been prepared pursuant to order, was agreed to and signed.

Trade.

Africa.

The Secretary laid before the Board the following paper, received from the Committee of the Company of Merchants trading to Africa, viz.
Copy of a letter from Charles Bell, Esquire, Governor of Cape Coast Castle, to the Committee of the Company of Merchants trading to Africa, dated 15th August, 1761, containing an account of the attempts of a French frigate upon the Coast of Africa, and of the effects of a quarrel between the inhabitants of Winnebah and the Acroan nation.

fo. 18.

Georgia.

Read a letter from James Wright, Esquire, Governor of Georgia, dated September 15th, 1761, containing an account of the present state of that colony, in reference to the Creek Indians, and of the artifices used by the French at Mobile to excite them to hostilities against us; and referring it to the consideration of the Board to make some further allowance to Mr. Ottolengi, in order to induce him to instruct a person in the silk culture, who may thereby be qualified to superintend it upon his death.

fo. 19.

Ordered, that an extract be made of so much of this letter as relates to the effect and influence, which the French settlements at Mobile and Alabama have upon the Creek Indians, and to the necessity of some further military force in that colony, in order to be laid before his Majesty, and that the draught of a letter to the Earl of Egrement, one of his Majesty's Principal Secretaries of State, for inclosing the said extract, be prepared.

Ordered, that that part of Mr. Wright's letter, which relates to the expediency of making an allowance to Mr. Ottolengi for instructing another person in the silk culture, be taken into consideration on Friday next, and that Mr. Martyn, the agent be ordered to attend.

fo. 20.

Read a letter from James Wright, Esquire, Governor of Georgia, dated the 17th of October, 1761, acquainting the Board that the persons, who in 1758 settled themselves at New Hanover to the southward of the River Alatamaha and were removed from thence by his late Majesty's order, have lately returned to their settlements there, and that he has transmitted an account of it to the Secretary of State.
Minutes of Council from the 13th of November, 1760, to the 8th of December following.
Journal of the Upper House of Assembly from the 24th of March to 9th of June, 1761.
Journal of the Assembly from the 29th of March to 9th of June, 1761.

South Carolina.

fo. 21.

Read a letter from William Bull, Esquire, Lieutenant Governor of South Carolina, dated December 5th, 1761, acquainting the Board that he had disbanded the regiment of foot raised there for the Cherokee war, retaining only four troops of Rangers amounting to 300 effectives, and that he had received an account, that the Little Carpenter having on the 14th of November arrived at Fort Prince George with several headmen in their way to Charlestown, a quarrel had arisen between him and the headmen, and that they had separated from him and returned back.

Wednesday, January 21. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Georgia.

fo. 22.

The draught of a letter to the Earl of Egremont, one of his Majesty's Principal Secretaries of State, inclosing the extract of a letter from the Governor of Georgia, relating to the influence and effect which the French settlements at Mobile and the Alabamas have upon the Creek Indians, having been prepared pursuant to order, was agreed to, transcribed and signed.

Jamaica.

fo. 23.

Their lordships, pursuant to order, took into consideration the Act passed in the Island of Jamaica in December, 1760, intituled, an Act to oblige persons in whose favour judgments at law have been or shall be obtained and the monies due thereon are satisfied, to enter satisfaction on the record of such judgments in a limitted time after the debt and costs are so paid, and to oblige the Provost Marshall to discharge in his books all Writs of Execution and Venditioni lodged in his office upon a proper discharge being produced to him for that purpose; and Mr. Aldworth, Provost Marshall General of the said island, attending without with Mr. Forester, his counsel, and Mr. Eyre, his sollicitor, they were called in, as was also Mr. Stanhope, agent for the island; and each party having been fully heard in what they had to offer upon the subject matter of the said Act, they were ordered to withdraw, and it was agreed to take the said Act, and the arguments for and against it, into further consideration tomorrow morning.

Friday, January 22. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Sir Edmund Thomas.

Georgia.

fo. 24.

Their lordships, pursuant to the resolution of Wednesday last, took into consideration that part of the letter from the Governor of Georgia of the 25th of September, 1761, which relates to the expediency of making an allowance to Mr. Ottolengi for instructing another person in the silk culture; and Mr. Martyn, agent for the affairs of the colony, attending pursuant to order, was called in, and their lordships, after some time spent in the consideration of this matter, ordered the draught of a letter to the Governor to be prepared, directing him to signify to Mr. Ottolengi, that their lordships do consider it as a part of his duty under the allowance already made to him, to instruct a person in the silk culture, and authorizing the Governor to appoint such person as he shall think proper for that purpose and to be Mr. Ottolengi's coadjutor in this branch of the service, with a reasonable allowance for the same to be paid out of the contingent expences of the silk culture.

Jamaica.

fo. 25.

Their lordships then took into further consideration the Act of Jamaica, relative to the Provost Marshall's office, mentioned in the minutes of yesterday, and also the arguments for and against it, and after some time spent therein, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing the Act may be repealed.

Tuesday, January 24. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas.

Jamaica.

fo. 26.

Their lordships took into consideration the draught of a representation to his Majesty upon three Acts passed in Jamaica in 1756, 1759 and 1761, relative to prize ships and goods, and the importation of the produce of foreign colonies, prepared pursuant to order, and after some time spent therein, the said draught was agreed to and ordered to be transcribed.

Wednesday, January 27. Present:—Lord Sandys, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Roberts.

Jamaica.

fo. 27.

The draught of a representation to his Majesty upon three Acts passed in Jamaica in 1756, 1759 and 1761, relative to prize money and goods, and the prohibition of the importation of the produce of foreign colonies, having been transcribed pursuant to order, was signed.

The draught of a representation to his Majesty upon an Act passed in Jamaica in 1760, relative to the Provost Marshall's Office, having been prepared pursuant to order, was agreed to, transcribed and signed.