Journal, May 1759

fo. 131.

Tuesday, May 1. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, to Mr. Pownall, dated the 25th ult. signifying to him, by the directions of their lordships, that Captain Barrington of His Majesty's ship Achilles had found on board a prize lately taken, a negro, son of Old King Lewis of Mesurada, who being on board, and a hard gale of wind coming on, could not be put on shore again.

fo. 132.

Ordered, that the Secretary do send a copy of the said letter to the Committee of the Company of Merchants trading to Africa, to the end they may take such measures with regard to this business, as the nature of the case shall appear to them to require; and that he do at the same time acquaint Mr. Clevland thereof, and signify to him, that their lordships submit it to the consideration of the Lords Commissioners of the Admiralty, whether it may not be adviseable, that this negro prince should be sent home in the first ship of war that sails for the coast of Africa.

Pennsylvania.

fo. 133.

Read an Order of the Lords of the Committee of Council for Plantation-Affairs, dated the 12th ult., referring to this Board the humble petition of Benjamin Franklyn, agent for the Assembly of Pennsylvania, concerning the complaints of the Indians bordering upon that Province, of their having been deprived of large quantities of land without their consent, or a proper satisfaction having been made them for such lands.

Ordered, that the said Order of Reference be taken into further consideration on Tuesday the 15th instant; and that the Secretary do give notice to the Petitioner or his agent to attend on that day, in order to verify the allegations of the petition; and that notice be also given to the Proprietaries of Pennsylvania to attend at the same time.

Jamaica.

fo. 134.

Read an Order of the Lords of the Committee of Council for Plantation-Affairs, dated the 15th of March last, referring to the Board, for their consideration and opinion, a letter from the late Earl of Leicester, His Majesty's Post-Master General, transmitting to Mr. Secretary Pitt a Memorial of Mr. Edward Dismore, Deputy Post Master of the Island of Jamaica, complaining of his having been removed from his said office by the Lieutenant Governor of that Island upon an Address of the House of Assembly.

Ordered, that the said Order of Reference be taken into further consideration to-morrow morning.

fo. 135.

Wednesday, May 2. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

Jamaica.

fo. 136.

Their lordships took into further consideration the Order of Reference concerning the removal of Mr. Dismore from his office of Deputy Post-Master General of Jamaica by the Lieutenant Governor of that island, mentioned in yesterday's minutes; and Mr. Dismore attending without, was called in, and asked several questions relative to this affair, and being withdrawn, their lordships agreed to consider further thereof tomorrow morning; and the Secretary was ordered to give notice to Mr. Dismore to attend, and also to acquaint the agent of the island, that their lordships will be ready to-morrow to hear any thing he may have to offer upon the subject-matter of Mr. Dismore's complaint against the Lieutenant Governor and Assembly.

Thursday, May 3. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Jamaica.

fo. 137.

Their lordships took into further consideration the order of reference from the Lords of the Committee of Council concerning the removal of the Deputy Post Master of Jamaica; and Mr. Stanhope, agent for the Island, attending, and also the Deputy Post Master thereof, were called in; and Mr. Stanhope having stated to their lordships the inconvenience which he apprehended arose from the manner in which the Post Office had been conducted by Mr. Dismore, they were ordered to withdraw; and the Secretary was directed to send the said order of reference, and papers thereunto annexed, to His Majesty's Attorney and Solicitor General, and desire their opinion, whether the measures taken by the Lieutenant Governor and Assembly for the removal of the Deputy Post-Master were legal and consistent with the Act of the 9th of Queen Anne for establishing a Post-Office in all Her Majesty's Dominions; and, if not, what will be the proper method of reinstating him in his office, and obtaining redress for any injury or injustice he may have sustained by such removal.

fo. 138.

Tuesday, May 8. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

Read a letter from the Secretary of the Committee of the Company of Merchants trading to Africa to Mr. Pownall, dated African Office, 4th of May, 1759, signifying that, if the Lords of the Admiralty should not think proper to send home the King of Mesurada's son in a man of war, the Committee will do therein whatever this Board shall be pleased to order.

South Carolina.

Read the following letters received from the Governor of South Carolina, viz.
fo. 139.
Letter from William Henry Lyttelton, Esqr., Governor of South Carolina, to the Board, dated 21st February, 1759, giving an account of the desertion of the Little Carpenter and nine other Cherokees, two days before the reduction of Fort du Quesne.
Letter from William Henry Lyttelton, Esqr., Governor of South Carolina, to the Board, dated 18th February, 1758, giving an account of the conduct of the Little Carpenter, and of some late transactions with the Indians.

Georgia.

Read the following letters and papers received from the Governor of Georgia, viz.
fo. 140.
Letter from Henry Ellis, Esqr., Governor of Georgia, to the Board, dated 28th January, 1759, giving an account of his transactions since his last letter, and of the present flourishing state of the Province, and inclosing
Copy of Governor Ellis's Instruction to James Edward Powell, Esqr., a Commissioner appointed to signify to the inhabitants of Gray's Settlement His Majesty's Orders, that they remove from thence.
Journal of the Commons' House of Assembly from the 11th of January to the 30th of June, 1758.
Two Acts passed in December, 1758.
fo. 141.
Letter from Henry Ellis Esqr., Governor of Georgia, to the Board, dated 10th February, 1759, acknowledging his receipt of his Commission and Instructions, setting forth his objections to the conduct and characters of some of the Councillors, and recommending proper persons to be of the Council.

Ordered, that an extract be made of so much of Mr. Ellis's letter of the 28th of January, as relates to his proceeding in the execution of His Majesty's orders for the removal of the settlers at New Hanover, and also a copy of his Instruction given to the Commissioners appointed to execute this service, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to Mr. Pitt, inclosing the said extract and copy, be prepared.

fo. 142.

Ordered, that a copy be made of Mr. Ellis's letter of the 10th of February, 1759, to be laid before His Majesty in Council; and that the draught of a Representation to His Majesty be prepared, proposing that an Additional Instruction may be given to Mr. Ellis, revoking and annulling the first Article of his General Instructions, and appointing the following persons members of His Majesty's Council in that Province, viz. Sir Patrick Houston, James Habersham, Noble Jones, Francis Harris, Jonathan Brian, James Mackay, James Edward Powell, William Knox, William Grover, William Clifton and Charles Pryce Esqrs.

Ordered, that the above mentioned two Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

fo. 143.

Wednesday, May 9. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Nova Scotia.

fo. 144.

The Secretary laid before the Board a Memorial prepared by the agent for Nova Scotia to be presented to the Lords Commissioners of the Treasury, praying that the sum of four hundred and forty pounds, sixteen shillings and two pence may be issued to him out of the mony granted by Parliament for the service of that Colony, to discharge a demand of the late agent for taxes paid upon the receipt of mony at the Exchequer, and also a demand of the agent for the Chief Justice of the said colony for three months salary due to the said Chief Justice at Lady day last; and the said Memorial having been approved, the agent was ordered to present it to the Lords Commissioners of the Treasury for their directions upon it.

Trade.

Africa.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, to Mr. Pownall, dated the 3rd May, 1759, transmitting to him, for the perusal and examination of this Board, a variety of original letters, papers and other documents respecting the state of the River Senegal and the trade thereof, and desiring they may be returned when this Board shall have done with them.

fo. 145.

Thursday, May 10. Present:—Earl of Halifax, Mr. Jenyns' Mr. Hamilton, Mr. Sloper.

Georgia.

The draught of a letter to Mr. Secretary Pitt, inclosing an extract of so much of a letter from the Governor of Georgia, as relates to his proceedings in consequence of the orders for the removal of the settlers at New Hanover, having been prepared pursuant to order, was agreed to, transcribed and signed.

fo. 146.

The draught of a Representation to His Majesty upon a letter from the Governor of Georgia, proposing an alteration in His Instructions concerning the members of the Council, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Trade.

Africa.

The Secretary laid before the Board several original letters, papers, and other documents, respecting the state of the River Senegal and the trade thereof, which he had received from Mr. Wood, Secretary to Mr. Secretary Pitt, with a desire that they may be returned, when this Board shall have done with them.

New York.

Read the following letters and papers lately received from the Lieutenant Governor of New York, viz.
fo. 147.
Letter from James Delancey, Esqr., Lieutenant Governor of New York, to the Board, dated March 10th, 1759, containing an account of his proceedings in consequence of the King's commands respecting the operations of the campaign; and his observations on several Acts lately passed.
Lieutenant Governor of New York's Speech to the Council and Assembly; and the Council's Address.
The Assembly's Address.
Copy of the Lieutenant Governor of New York's message to the Assembly on Mr. Secretary Pitt's letter.
Copy of the votes of the Assembly in consequence of said message.
Copy of the Lieutenant Governor's message to the Assembly on expediting the levies to be raised.
Titles of Acts passed 7th March, 1759.
Votes of the Assembly from November 14th, 1758, to December 16th following.
17 Acts passed December 16th, 1758.
fo. 148.
Letter from Mr. Delancey, Lieutenant Governor of New York, to the Board, dated March 16th, 1759, desiring leave to resign the administration of government.

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

Tuesday, May 15. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Pennsylvania.

fo. 149.

Their lordships, pursuant to the minutes of the 1st instant, took into consideration the order of the Lords of the Committee of Council for Plantation Affairs, referring the Petition of the agent for the Assembly of Pennsylvania, respecting the complaints of the Indians of their having been defrauded of their lands by the Proprietaries; and the said agent attending, with Mr. Joshua Sharpe, his solicitor, and also the Proprietaries, with Mr. Paris, their solicitor, and several other persons, the agent read parts of several treaties or conferences held with the Indians in 1756, 1757 and 1758, in order to verify the allegations of his Petition; and their lordships having heard what each party had further to offer upon the subject matter of this reference, they were ordered to withdraw, and their lordships agreed further to consider thereof to-morrow morning.

fo. 150.

Wednesday, May 16. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Pennsylvania.

Their lordships took into further consideration the order of the Lords of the Committee of Council for Plantation Affairs, referring the Petition of the agent of the Assembly of Pennsylvania, respecting the complaints of the Indians of their having been defrauded of their lands by the Proprietaries; and after some time spent therein, ordered the draught of a Report to the Lords of the Committee of Council thereupon to be prepared.

Georgia.

fo. 151.

The draught of a Representation to His Majesty upon a letter from the Governor of Georgia, proposing an alteration of his Instructions concerning the members of the Council in that Province, having been transcribed pursuant to order, was signed.

Thursday, May 17. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

fo. 152.

Their lordships took into consideration the letter from Mr. Secretary Pitt, respecting the establishing of trade in the River Senegal, mentioned in the minutes of the 26th of last month; and also the letters, papers and other documents received from the Officers of the Admiralty and the Secretary of State concerning this business, and made some progress therein.

Tuesday, May 22. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

Their lordships took into further consideration the letter and papers, mentioned in the minutes of the 17th instant, and after some time spent therein, ordered the draught of a Representation to His Majesty thereupon to be prepared.

South Carolina.

North Carolina.

New Jersey.

fo. 153.

Letters to Mr. Secretary Pitt, desiring that he would move His Majesty, that Richard Cumberland Esqr. may be appointed Provost Marshall, and Clerk of the Crown and Peace in South Carolina, vacant by the death of Hugh Watson, Esqr.; and also that Benjamin Turner may be appointed Naval Officer of North Carolina in the room of Benjamin Wheatley, deceased; and inclosing Warrants in the usual form, in case His Majesty shall approve such recommendations, were signed; as was also a Representation to His Majesty in Council, proposing that Nathaniel Jones Esqr. may be appointed Chief Justice of New Jersey in the room of William Aynsley Esqr. deceased.

Nova Scotia.

fo. 154.

The Secretary laid before the Board a Memorial prepared by the agent for Nova Scotia to be presented to the Lords Commissioners of the Treasury, praying that five thousand pounds may be issued to him out of the remainder of the moneys granted by Parliament for the support of that settlement, to enable him to discharge a Bill drawn upon him by Governor Lawrence for that sum for the ordinary service of the Government; and the said Memorial having been approved, the agent was ordered to present it to the Lords Commissioners of the Treasury for their directions upon it.

Georgia.

fo. 155.

The Secretary laid before the Board three estimates of the disposition of the moneys granted by Parliament for the support of the Colony of Georgia for the years 1757, 1758, and 1759, prepared by the agent of the said Colony to be presented to the Lords Commissioners of the Treasury; and their lordships being of opinion, that the said estimates contained a proper disposition of the said moneys, the agent was ordered to present them to the Lords Commissioners of the Treasury for their directions upon them.

fo. 156.

The Secretary likewise laid before the Board a Memorial prepared by the said agent to be presented to the Lords Commissioners of the Treasury, praying that the money granted by Parliament for the support of the colony of Georgia from Midsummer 1758 to Midsummer 1759 may be issued to him, as was done in the case of former grants; and the said Memorial having been approved, the agent was directed to present the same to the Lords Commissioners of the Treasury for their directions upon it.

Wednesday, May 23. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

Pennsylvania.

fo. 157.

Their lordships took into consideration the draught of a Report to the Lords of the Committee of Council for Plantation Affairs upon the Petition of the agent for the Assembly of Pennsylvania, respecting the complaints of the Indians of their having been defrauded of lands by the Proprietaries, prepared pursuant to order, and made some progress therein.

North Carolina.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 26th of April, 1759, approving a Representation of this Board upon a Memorial of the merchants of London and others trading to and interested in the Province of North Carolina, in which they complain of two Acts passed there in 1748 and 1754 for issuing paper bills of credit, and directing the draught of an additional instruction conformable thereto to be prepared.

fo. 158.

The draught of an additional instruction to the Governor of North Carolina, containing directions with respect to the subject matter of the said complaint, having been prepared, was agreed to, and ordered to be transcribed; as was also the draught of a Report to the Lords of the Committee of Council thereupon.

Pennsylvania.

Their lordships took into consideration the following Act passed in the Province of Pennsylvania in April, 1758, together with Sir Matthew Lamb's Report thereupon, viz.
fo. 159.
An Act for preventing Abuses in the Indian Trade, for supplying the Indians, Friends and Allies of Great Britain, with Goods at more easy Rates, and for securing and strengthening the Peace and Friendship lately concluded with the Indians inhabiting the Northern and Western Frontiers of this Province.
Passed, April 8th, 1758.

Ordered, that the said Act be taken into further consideration on Tuesday next, the 29th instant, and the Secretary do write to the Proprietaries, and also to the agents for the Assembly to desire their attendance on that day.

Virginia.

Read the following letters and papers received from the Lieutenant Governor of Virginia, viz.
Letter from Mr. Fauquier, Lieutenant Governor of Virginia, to the Board, dated January 5th, 1759, containing remarks on some Acts lately passed there; and inclosing
fo. 160.
Account of His Majesty's Revenue of 2/- per hogshead etc. arising within the colony of Virginia from April 25th to October 25th, 1758.
Account of His Majesty's Revenue of Quit Rents, arising within the colony of Virginia for the year 1757.
Minutes of Council from September 14th to November 11th, 1758.
Naval Office lists of ships entered and cleared in the several ports of Virginia between April 25th and October 10th, 1758.
Fourteen Acts passed in Virginia in September and October, 1758.
fo. 161.
Letter from Mr. Fauquier, Lieutenant Governor of Virginia, to the Board, dated January 30th, 1759, containing observations on the consequences of the reduction of Fort du Quesne with respect to the Indians, and the grants of lands on the Ohio; and inclosing
The Speech of the Lieutenant Governor to the Assembly.
The Address of the Council.
Ditto of the House of Burgesses.

Ordered, that the said Acts be sent to Sir Matthew Lamb for his opinion thereupon in point of law.

fo. 162.

Read an Order of the Lords of His Majesty's Council, dated the 14th May, 1759, referring to this Board, for their consideration and opinion, a Memorial of the clergy of the colony of Virginia, complaining of an Act lately passed in that colony, whereby their salaries, hitherto paid in tobacco, are now to be discharged at half their value in paper currency.

The Secretary likewise laid before the Board a Representation to their lordships upon the same subject, delivered to him by the Reverend Mr. Camm, appointed agent by a general Convention of the Clergy in Virginia to solicit this affair.

Ordered, that copies of the said Memorial and Representation be made, and also of the Act complained of therein; and that the Secretary do transmit them to the Lord Bishop of London, and pray the favour of his lordship's sentiments upon them.

fo. 163.

Ordered, that a copy be made of an Act passed in Virginia in October, 1758, and received with the abovementioned letters from the Lieutenant Governor of Virginia, intituled,
An Act for the defence of the Frontiers of this Colony, and for other purposes therein mentioned;
and that the Secretary do communicate it, together with an extract of so much of the Lieutenant Governor's letter, as contains his observations upon it to the merchants concerned in the trade to Virginia, and desire them to consider the same, together with the Act for amending the Act, intituled, an Act declaring the Law concerning Executions, etc., a copy of which was communicated to them in January last, and favour the Board with their opinion and observations thereupon.

fo. 164.

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

New York.

Read a letter from James Delancey, Esqr., Lieutenant Governor of New York, to the Board, dated April 14th, 1759, transmitting
Printed Votes of the Assembly of New York from January 31st to March 7th, 1759.
Five Acts passed in the Province of New York, March 7th, 1759.

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

New Jersey.

fo. 165.

Read the following letters received from the Governor of New Jersey, viz.
Letter from Mr. Bernard, Governor of New Jersey, to the Board, dated March 21st, 1759, containing an account of the proceedings of the Assembly respecting the operations of the next campaign.
Letter from Mr. Bernard, Governor of New Jersey, to the Board, dated March 30th, 1759, in answer to the Board's letter of February 8th last, relating to Money Bills.

Read an Order of His Majesty in Council, dated May 24th, 1759, approving a Representation of this Board, proposing Nathaniel Jones Esqr. to be Chief Justice of New Jersey in the room of William Aynsley Esqr. deceased, and directing a Warrant to be prepared.

A Warrant having been accordingly prepared, a Representation to His Majesty therewith was signed.

Jamaica.

Read the following letters and papers received from the Lieutenant Governor of Jamaica, viz.
fo. 166.
Letter from Henry Moore Esqr., Lieutenant Governor of Jamaica, to the Board, dated March 27th, 1759, transmitting several publick papers.
Lieutenant Governor Moore's Speech to the Council and Assembly on March 13th, 1759, and the Addresses of the Council and Assembly.
Minutes of Council from December 20th, 1758, to March 17th, 1759.
Minutes of Assembly from March 13th, 1759, to the 17th following.
Address of the Legislature of Jamaica to His Majesty.
Letter from Mr. Moore, Lieutenant Governor of Jamaica, to the Board, dated March 28th, 1759, giving an account of a commerce carried on between the English and French; and inclosing
List of ships and vessels spoke with by His Majesty's sloop Viper in Monte Christi Harbour, the 5th February, 1759.

fo. 167.

The draught of a Representation to His Majesty, with the abovementioned Address, having been prepared, was agreed to, transcribed, and signed.

Ordered, that the Secretary do transmit a copy of the list of English vessels, which in February last were in Monte Christi Harbour, to the Secretary to the Lords Commissioners of the Treasury, for the information of that Board.

North Carolina.

The draught of a Report to the Lords of the Committee of Council, with the draught of an additional instruction to the Governor of North Carolina, authorizing him to recommend it in His Majesty's name to the Council and Assembly to pass an Act for amending two Acts passed in 1748 and 1754, mentioned in yesterday's minutes, was signed.

fo. 168.

Tuesday, May 29. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

Their lordships took into consideration the draught of a Representation to His Majesty, respecting the establishment of trade in the River Senegal, and its dependencies, prepared pursuant to order, and made some progress therein.

Pennsylvania.

fo. 169.

Their lordships likewise took into further consideration the draught of a Report to the Lords of the Committee of Council for Plantation Affairs upon the Petition of the agent for the Assembly of Pennsylvania, respecting the complaints of the Indians of their having been defrauded of their lands; and the said draught having been agreed to, was ordered to be transcribed.

fo. 170.

Their lordships then took into consideration the Act for regulating the Indian Trade, passed in Pennsylvania in April, 1758, mentioned in the minutes of the 23rd instant; and the Proprietaries attending without pursuant to order, together with the agents for the Assembly, they were called in, and being acquainted with the objections which appeared to that clause in the Act, by which all persons, except the Commissioners named in the Act and their agents, are excluded from trade with the Indians beyond the Kittocktinny Hills; the agents observed, that the necessity of this law arose from the abuses and frauds of the private traders with the Indians; that it had given the greatest satisfaction to the Indians, and to the Province in general; that the Commissioners appointed to manage the trade were not to be considered in the light of a company trading for their own advantage; that the Act was for publick service; that the profits of the trade were appropriated to the publick; and that in framing this Act, they had followed the plan of Acts of the like kind passed and approved of in the Massachusets Bay.

fo. 171.

(fn. 1) Mr. Franklyn, one of the Agents for the Assembly, then laid before the Board a copy of the Conference with the Indians in July and August, 1757, referred to by him at the hearing upon his Petition concerning the complaints of the Indians about their lands on the 15th instant; and moved their lordships to call upon the Proprietaries for the draughts and surveys of the lands referred to in the deeds annexed to the said Conference.

fo. 172.

[The parties being ordered to withdraw, their lordships agreed, that the Act for regulating the Indian trade should lye by, until the further effect and operation of it might be known;] and with respect to the above mentioned motion made by Mr. Franklyn, they were of opinion, that it would be in the judgment of the Lords of the Committee of Council for Plantation Affairs, upon consideration of the Board's Report to them upon the agent's Petition, to give such directions, and order such examination to be made with respect to the deeds and surveys, as they should think proper.