BHO

Journal, March 1763: Volume 70

Pages 338-353

Journals of the Board of Trade and Plantations: Volume 11, January 1759 - December 1763. Originally published by His Majesty's Stationery Office, London, 1935.

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Citation:

Journal, March 1763

Wednesday, March 2. Present:— Right Honourable Charles Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Miscellanies.

fo. 66.

Plantations General.

A Commission under the Great Seal of Great Britain, bearing date, the 2nd day of March, 1763, constituting and appointing the Right Honourable Charles Townshend, Soame Jenyns, Edward Eliot, Edward Bacon, the Honourable John Yorke, Esquires, Sir Edmond Thomas, baronet, George Rice, Esquire, and the Right Honourable Francis, Lord Orwell, to be his Majesty's Commissioners for promoting the Trade of this kingdom, and for inspecting and improving his Majesty's foreign colonies, was opened and read; as were also the orders of his late and present Majesty in Council, of the 11th of March, 1752 and 15th May, 1761, and the letter of his Majesty's Secretary of State to this Board, dated the 30th of March, 1752, explaining the first of these orders.

Trade.

Several clauses in the Acts of Parliament of the 23rd, 25th, and 26th of his late Majesty, for extending and improving the trade to Africa and to the Levant Seas, were also read.

Their lordships agreed to meet on Mondays, Tuesdays, Wednesdays and Fridays at 12 o'clock at noon.

Plantations General.

Canada.

Granada.

Tobago.

Dominica.

St. Vincent.

fo. 67.

The draught of a letter to the Governors or Commanders in Chief of his Majesty's established American colonies, and also of the Province of Canada, and Islands of Grenada, Tobago, Dominica and St. Vincent, notifying to them their lordships' appointment, and inclosing a copy of the Order of his late Majesty in Council respecting the correspondence of Governors with this Board, and of the letters of the Secretary of State, and of the additional instruction explanatory of the said order, was agreed to and ordered to be transcribed.

Several heads of enquiry relative to the state of the Islands of Tobago, Grenada, St. Vincent and Dominica, were agreed to and settled, and ordered to be inclosed in the circular letter to the Governors or Commanders in Chief of those islands, for their answer thereto.

Massachusetts.

Read a letter from Francis Bernard, Esquire, Governor of the Massachusets Bay, to Mr. Pownall, dated December 1st, 1762, relating to a grant made to him by the General Court of the Island of Mount Desert, and inclosing,
fo. 68.
Memorial from Governor Bernard to the Board relative to said grant, and praying their lordships' favorable recommendation of him to his Majesty.
Consideration of an objection to the right of the Province of Massachusets Bay to certain lands between Penobscot and St. Croix.
Extracts from the General Court's books of the Province of Massachusets Bay, relating to the lands between Penobscot and St. Croix.
Journal of Port Royal Expedition under the conduct of Sir William Phips, 1690.

Ordered, that the said letter and papers do lye by for further consideration, when the grant of the Island of Mount Desert, therein referred to, shall come before the Board, and that the draught of a letter to the Governor in answer to his be prepared.

fo. 69.

Virginia.

The Secretary laid before the Board the following letters and papers, received from the Lieutenant Governor of Virginia, viz.
Letter from Francis Fauquier, Esquire, Lieutenant Governor of Virginia, to the Board, dated July 10th, 1762, containing his observations upon the protest entered against the Act for granting an aid to his Majesty, etc., and other affairs of Government; also inclosing,
Protest against the Act for granting an aid to his Majesty and other purposes.
Memorial of George Washington, Adam Stephen and Anthony Lewis, Esquires, in behalf of themselves, and the rest of the surviving officers and soldiers, who enlisted in the late King's service for the security of the Colony of Virginia.
Letter from Mr. Fauquier, dated July 31st, 1762, respecting the appointment of Mr. Burwell to be of the Council of the said colony, with his sentiments thereupon.
fo. 70.
Letter from Mr. Fauquier, dated November 3rd, 1762, containing his sentiments on the true cause of the present high exchange, etc. and transmitting,
His speech to the General Assembly on the 2nd of November, 1762.
Lists of ships and vessels entered and cleared at the Port of Rappahannock between the 10th of October, 1761, and 10th of October, 1762.
Ditto, Upper District of James River between the 5th of January and the 10th of October, 1762.
Ditto, York River between the 24th of June, 1761, and 24th of June, 1762.
Ditto, Hampton between 29th of September, 1761, and September the 29th, 1762.
Ditto, Accomack between the 5th of January and 10th of October, 1762.
Ditto, South Potomack between the 10th of October, 1761, and 10th of October, 1762.
An account of his Majesty's revenue of 2/- per hogshead from 25th of October to 25th of April, 1762.
fo. 71.
Journal of the House of Burgesses from March 30th to April 7th, 1762.
Ditto, of the General Assembly from the 14th of January to the 7th of April, 1762.
Seven Acts passed in April, 1762.

Virginia.

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

Ordered, that a copy be made of the memorial of the officers of the Virginia regiment raised in 1753, to be laid before his Majesty, and that the draught of a letter to the Earl of Egremont, inclosing the same, be prepared.

Ordered, that the draught of a letter to the Lieutenant Governor of Virginia, in answer to his, be prepared.

New York.

fo. 72.

Read a letter from Robert Monckton, Esquire, Governor of New York, dated 27th of January, 1763, notifying the death of Mr. Pratt, Chief Justice of that province, and his appointment of Mr. Horsmanden to succeed him, and transmitting,
Minutes of Council from the 23rd of December, 1761, to 22nd of December, 1762.
Journal of the proceedings of the Council and General Assembly from the 16th of November to the 11th of December, 1762.
Votes and proceedings of the General Assembly from the 16th of November to 11th of December, 1762.
Twenty six Acts passed the 11th of December, 1762.

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

Ordered, that an extract be made of so much of Mr. Monckton's letter, as relates to the death of Mr. Pratt, and the appointment of Mr. Horsmanden, to be communicated to the Earl of Egremont, and that the draught of a letter to his Lordship therewith be prepared.

fo. 73.

North Carolina.

Read a memorial of Cuchet Jouvencel in behalf of Blake Baker, interested in an Act passed in North Carolina in 1761, for docking the intail of certain lands there, and vesting the fee simple in the said Blake Baker.

The Secretary acquainted the Board that Mr. Joshua Sharpe, sollicitor for and in behalf of John Lane, interested in the said Act, had entered a caveat against any report for confirming the said Act, until he had been heard upon it; whereupon their lordships agreed to take it into consideration on Friday, the 11th instant, and the Secretary was ordered to give notice thereof to the parties concerned.

Trade.

The Secretary laid before the Board, copies of several letters to the Committee of the Company of Merchants trading to Africa, from their officers at the different establishments upon the Coast of Africa, which copies he had received from the said Committee.

fo. 74.

Saturday, March 5. Present:— The Right Honourable Charles Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell.

Plantations General.

Grenada.

Tobago.

St. Vincent.

Dominica.

Barbados.

Jamaica.

Leeward Islands.

The draughts of letters to the Governors of Jamaica, Barbados, Leeward Islands, Grenada, Tobago, St. Vincent's and Dominica, notifying the new Commission, and inclosing copies of the Order in Council of the 11th of March, 1752, and other regulations, respecting the correspondence of Governors with this Board; and also inclosing queries relative to the state of the Islands of Grenada, Tobago, St. Vincent's and Dominica, having been transcribed, were signed.

Trade.

Ordered, that the Secretary do write to the Secretary to the Commissioners of the Customs, for an account of the drawback upon each article of foreign goods re-exported by certificate from England to the American colonies between 1st January, 1761, and 1st of January, 1762.

fo. 75.

Wednesday, March 9. Present:— Mr. Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Virginia.

New York.

The draughts of two letters to the Earl of Egremont, the one transmitting the petition to his Majesty of Colonel Washington and other officers of the Virginia regiment raised in 1753; the other inclosing an extract of General Monckton's letter, giving account of the death of Mr. Chief Justice Pratt, having been prepared pursuant to order, were agreed to, transcribed and signed.

Jamaica.

Read the following letters and papers received from the Governor of Jamaica, viz.
Letter from William Henry Lyttelton, Esquire, Governor of Jamaica, dated the 14th of November, 1762, transmitting,
A map of the Mosquito Shore.
fo. 76.
Letter from Governor Lyttelton, dated the 12th of January, 1763, acquainting the Board that the Duke packet had been taken by a French privateer two days after leaving Barbados, and that the mail was thrown overboard, etc.
Letter from Governor Lyttelton, dated the 12th of January, 1763, acquainting the Board with his having prorogued the General Assembly, and respecting the behaviour of Mr. Charles Price, the Speaker's son; also transmitting,
His speech to the General Assembly upon their prorogation.
Copy of the journal of the House of Assembly, 19th November, 1762, containing a motion made for addressing his Majesty to remove his Excellency Governor Lyttelton.
Extract of the minutes of a Council held 27th November, 1762, containing an order made by Governor Lyttelton, on his being accused of exacting unusual fees on Commissions, both civil and military.

South Carolina.

fo. 77.

Read a letter from Thomas Boone, Esquire, Governor of South Carolina, dated the 17th of December, 1762, giving an account of the behaviour of the Assembly, and transmitting,
Governor Boone's speech to the General Assembly, recommending the revisal of several laws, etc.
South Carolina.
Address of the Commons' House of Assembly to the Governor's speech.
Address of the Council, in answer to Governor Boone's speech in opening the Assembly.
The Assembly's remonstrance against their late dissolution.
The Committee of Privileges report, mentioned in the Assembly's remonstrance.
Governor Boone's answer to the report and remonstrance of the Commons' House of Assembly.
The Assembly's message concerning their being required to provide a proper arsenal and sufficient salary for the ordnance storekeeper.
The report referred to in the Assembly's message concerning the arsenal, etc.
fo. 78.
Governor Boone's answer to the Assembly's message and report relating to the arsenal.
Governor Boone's answer to the report and remonstrance.
The Assembly's reply to the Governor's answer to their report and remonstrance.
Governor Boone's verbal answer to the Assembly's message, by way of reply, to the Governor's answer to the report and remonstrance.
Resolution of the Commons' House of Assembly, 16th December, 1762, relative to the Governor's violation of their privileges.

The Secretary acquainted the Board, that he had received notice from the Earl of Egremont's office, that Governor Boone had obtained his Majesty's leave, dated the 23rd ult., to return to this kingdom, and be absent for twelve months from the day of his arrival.

fo. 79.

Their lordships, upon consideration of the abovementioned letter and papers, and those of the 14th of September last from Governor Boone, were of opinion, that he had dissolved the Assembly without sufficient reason.

Newfoundland.

Read a letter from the Earl of Egremont to the Board, dated March 8th, 1763, signifying the King's pleasure that their lordships should forthwith take into consideration and report their opinion, what alterations it may be expedient to make in the instructions to the Governor of Newfoundland, in consequence of the following articles,
Copy of the 5th and 6th Articles, and extract of the 24th Article of the Definitive Treaty, relative to Newfoundland fishery, etc.

Ordered, that it be taken into consideration on Monday next, and in the meantime, that the Secretary do collect all the information in the books of this office, relating to the fisheries of Newfoundland, Cape Breton, Miquelon and St. Pierre, Streights of Belleisle, St. John's and the Madelaine Islands.

Pennsylvania.

fo. 80.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated the 3rd of March, 1763, referring to the Board, for their consideration and report, eleven Acts passed in the Province of Pennsylvania in February, March and May, 1762.

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

Plantations General.

Draughts of circular letters to the Governors of the colonies on the Continent of North America, notifying the new Commission, and inclosing copies of the Order in Council of March, 1752, and other regulations, concerning the correspondence of Governors with this Board, having been transcribed, were signed.

Canada.

Their lordships agreed to several heads of enquiry relative to the state of Canada, which were ordered to be inclosed in the letter to the Governor of that Province.

fo. 81.

Friday, March 11. Present:— Honourable Mr. Yorke, Sir Edmond Thomas, Lord Orwell.

North Carolina.

fo. 82.

Their lordships took into consideration an Act passed in the Province of North Carolina in 1761, entituled an Act to dock the entail of certain lands therein mentioned, vesting the fee simple thereof in Blake Baker, and for settling other lands in lieu thereof to the same uses, together with Mr. Jouvencel's memorial in behalf of the said Blake Baker, mentioned in the minutes of the 2nd instant; and Mr. Jouvencel attending without, together with Mr. Joshua Sharpe, sollicitor, praying to be heard in behalf of Mr. John Lane against the said Act, they were called in; and Mr. Jouvencel having laid before the Board a petition to his Majesty, of the said John Lane, duly authenticated, praying that the Act may be confirmed, Mr. Joshua Sharpe desired leave to withdraw his caveat; and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act may be confirmed.

Monday, March 14. Present:— Right Honourable Charles Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Newfoundland.

fo. 83.

Their lordships took into consideration Lord Egremont's letter of the 8th instant, directing the Board to consider what additions it may be necessary to make in the instructions to the Governor of Newfoundland, in consequence of the Definitive Treaty, and, after full consideration, agreed to the heads of a representation to his Majesty upon this subject, which was ordered to be drawn up to be signed by their lordships tomorrow.

Read a letter from Thomas Graves, Esquire, Governor of Newfoundland, dated the 9th of March, 1763, inclosing,
Newfoundland fishing scheme for the year 1762.
Captains Dover's and Hamilton's returns of two companies of the Regiment of Artillery in 1762.
Return of ordnance stores, etc., Placentia, 1762.
Copy of John Stackbald's tryal (for rape) at St. John's, Newfoundland, 1st November, 1762.

fo. 84.

Tuesday, March 15. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Newfoundland.

A representation to his Majesty, upon the subject matter of the Earl of Egremont's letter of the 8th instant, respecting the alterations necessary to be made in the instructions to the Governor of Newfoundland, was signed.

Nova Scotia.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 3rd of March, 1763, directing this Board to prepare a draught of an additional instruction to the Governor of Nova Scotia, requiring and impowering him to grant lands to Mr. McNutt and his associates, and also report their opinion whether any and what compensation in lands it may be proper to make to Mr. McNutt for the losses he alledges to have sustained.

fo. 85.

Ordered, that the subject matter of this reference be taken into consideration on Friday next, and that notice be given to Mr. McNutt to attend.

Read a letter from Mr. Mauger to the Secretary, dated the 5th of March, 1763, containing a proposal for supplying the Treasury of Nova Scotia with dollars upon more advantageous terms for the publick, than those they have hitherto been provided upon.

Mr. Mauger's proposals appearing to be advantageous and beneficial, it was ordered, that the draught of a letter to the Lieutenant Governor of Nova Scotia should be prepared, directing him to negociate his bills with Mr. Mauger, or his agent, upon the terms specified in his letter.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated the 21st of October, 1762, recommending Ashton Warner, Esquire, to be appointed of the Council of Antigua in the room of Mr. Lessley, who has been absent three years and does not intend to return.

Ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said Ashton Warner, Esquire, be appointed of the Council of Antigua in the room of Mr. Lessley.

fo. 86.

Ordered, that the Secretary do acquaint Mr. Lessley with the foregoing recommendation, and that, if he shall return to Antigua and be desirous of resuming his seat in the Council, the Board will propose his being re-appointed.

Massachusetts.

Their lordships took into consideration an Act passed in the Province of Massachusets Bay in February, 1762, to incorporate certain persons by the name of the Society for Propagating Christian Knowledge among the Indians of North America; and, the said Act being liable to several objections, it was ordered, that the draught of a representation to his Majesty be prepared, proposing it may be repealed.

North Carolina.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in the Province of North Carolina in 1761, relating to the estate of Blake Baker, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

fo. 87.

Their lordships took into consideration an Order of the Lords of the Committee of Council for Plantation Affairs, of the 31st of December, 1762, referring a petition presented to his Majesty by Colonel Richard Gridley, praying for a grant of the Magdelaine Islands in the Gulph of St. Lawrence; and the Secretary having laid before the Board a memorial of Mr. Deberdt, agent for Colonel Gridley, with several papers thereunto annexed, in support of the allegations in Colonel Gridley's petition, it was ordered, that these papers should be taken into consideration on Friday next, and that notice should be given to Mr. Deberdt to attend.

New York.

Their lordships took into consideration eight Acts passed in the Province of New York in May and September, 1761, together with Sir Mathew Lamb's report thereupon; and the said report and Acts having been read, it was ordered, that such of them, as have not expired by their own limitation, should lye by till the further effect and operation of them should be known.

New York.

Plantations General.

fo. 88.

Their lordships took into consideration the practice which has prevailed in the Province of New York and in some other of his Majesty's colonies of naturalizing aliens by Acts of the legislature there, and after some deliberation thereupon, it was agreed to take this matter into further consideration on Monday next.

Wednesday, March 16. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

New York.

fo. 89.

Their lordships took into consideration twenty seven Acts passed in New York in December, 1761, and in March and May, 1762, together with Sir Mathew Lamb's report thereupon; and the said Acts and report having been read, it was ordered, that such of them, as have not expired by their own limitation, should lye by till the further effect and operation of them should be known.

Their lordships took into consideration an Act passed in the Province of New York in 1753, for granting to his Majesty several duties and impositions upon goods, wares and merchandize imported into that colony; and a doubt having arisen, whether the said Act might not be construed to extend to the imposition of duties upon European goods imported into the said colony from Great Britain or Ireland, the Secretary was ordered to refer the said Act to his Majesty's Attorney General, for his opinion upon it.

Plantations General.

Ordered, that the Secretary do examine and report to the Board, whether there are any and what Acts now in force in any of his Majesty's Plantations, which impose duties upon any European goods imported into the said colonies from Great Britain or Ireland.

Leeward Islands.

fo. 90.

Nova Scotia.

The Secretary acquainted the Board, that he had received notice from the Earl of Egremont's office, that his Majesty had appointed Craister Greatheed, Esquire, Chief Justice of the Island of St. Christopher's; Montague Wilmot, Esquire, Lieutenant Governor of Nova Scotia, and had renewed Governor Ellis's leave of absence.

Their lordships took into consideration the state of the Council of Nova Scotia, and ordered the draught of a representation to his Majesty to be prepared, proposing that his Majesty's mandamus may be sent to the Lieutenant Governor of Nova Scotia, to swear and admit the following persons to be members of his Majesty's Council in that province, viz.,

Benjamin Green, John Collier, Charles Morris, Richard Bulkley and Joseph Guerish, Esquires (who were constituted members of the said Council by his late Majesty), Alexander Grant, Edmund Crawly, Henry Newton and Michael Franklin, Esquires, who have been appointed since his Majesty's accession, and William Nesbitt and Sebastian Zouberbuhler, in the room of Robert Grant and Thomas Saul, Esquires, who have returned to and settled in this kingdom.

fo. 91.

Leeward Islands.

Their lordships took into consideration a memorial of Samuel Crook, heretofore a member of the Council of St. Christopher's, but suspended in 1753 for being absent without leave, setting forth that he is now returned to that island, and praying to be reinstated in the Council; and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that Mr. Crook should be appointed of the said Council de novo.

North Carolina.

Read a memorial of Charles Berry, Esquire, Chief Justice of North Carolina, setting forth his right to appoint clerks of the several courts in which he presides in that colony, which right he alleges has been invaded by a person who has obtained a Commission from his Majesty to be Clerk of the Pleas in that colony.

The appointment referred to and complained of in the said memorial not appearing to be entered upon record in, or any ways notified to this office, their lordships did apprehend the subject matter of the said memorial was not regularly before them.

fo. 92.

Nova Scotia.

The Secretary laid before the Board a memorial prepared by the agent for the settlement of Nova Scotia, to be presented to the Lords Commissioners of the Treasury, praying that the sums voted by the House of Commons for the service of Nova Scotia for the year 1763, and to make good the exceedings upon the year 1760, may be issued to him, to enable him to discharge such demands, as have been, or may be made upon him, for expences incurred or to be incurred for the service of the said colony; 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 directions upon it.

Massachusetts.

fo. 93.

Leeward Islands.

The draught of a representation to his Majesty upon an Act passed in the Province of Massachusets Bay in 1761, for incorporating a Society for Propagating Christian Knowledge amongst the Indians, having been prepared pursuant to order, was agreed to and ordered to be transcribed; as was also the draught of a representation to his Majesty, proposing that Ashton Warner, Esquire, may be appointed of the Council of Antigua, in the room of Mr. Lessley.

Nova Scotia.

The draught of a letter to the Lieutenant Governor of Nova Scotia, inclosing a copy of a letter from Mr. Mauger to the Secretary, dated March 5th, 1763, having been prepared pursuant to the minutes of yesterday, was agreed to, transcribed and signed.

Friday, March 18. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Lord Orwell.

Newfoundland.

fo. 94.

Read a letter from the Earl of Egremont, dated yesterday, acquainting the Board by his Majesty's command, that his Majesty does not judge proper to take any steps in consequence of the Board's representation of the 15th instant, relating to the fishery of Newfoundland and the Gulph of St. Lawrence, until the Board had fully complied with the directions of his Lordship's letter of the 8th instant, and desiring to be informed when the draught of instructions for the Governor of Newfoundland, ordered to be prepared, will be ready.

Their lordships took the said letter into consideration, together with the instructions heretofore given to the Governor of Newfoundland; and several minutes having been taken for such alterations and additions, as appeared to be necessary in consequence of Lord Egremont's letter, it was ordered, that a new draught should be prepared, conformable to the said minutes, to be laid before the Board tomorrow morning.

After which a letter to Lord Egremont, signifying that the draught will be ready to be laid before his Majesty on Monday, was signed.

fo. 95.

Massachusetts.

Leeward Islands.

The draught of a representation to his Majesty upon the Act passed in the Massachusets Bay in 1761, for incorporating the Society for Propagating Christian Knowledge amongst the Indians in North America, having been transcribed pursuant to order, was signed; as was also a representation to his Majesty, proposing that Ashton Warner, Esquire, may be appointed of the Council of Antigua, in the room of Mr. Lessley.

Nova Scotia.

fo. 96.

Their lordships took into further consideration the petition of Colonel Gridley, praying for a grant of the Islands Magdelene in the Gulph of St. Lawrence, together with the memorial of Mr. De Berdt, his agent, in support of it; and Mr. De Berdt attending without, with a son of Colonel Gridley's, who had been upon the said islands, they were called in, and after some questions relative to the state of these islands, Mr. De Berdt being asked, whether the petitioner intended the exclusive fishery of these islands, he said he apprehended that was intended, adding, that the nature of the islands and the fishery would not admit of its being carried on by more than one undertaker, and that it was carried on only by one person whilst the islands were in the possession of the French.

Mr. De Berdt and Mr. Gridley being withdrawn, their lordships agreed that this matter should lye by for further consideration at another opportunity.

Their lordships then took into consideration the order of the Lords of the Committee of Council for Plantation Affairs, respecting Colonel McNutt's engagements, mentioned in the minutes of the 15th instant; and Colonel McNutt attending without, he was called in, and laid before the Board a memorial, stating the loss and damage he has sustained by his engagements with this Board in 1761 not having been confirmed.

fo. 97.

Their lordships, after some conversation with Colonel McNutt upon this subject, agreed to take it into further consideration on Wednesday next, when Colonel McNutt was ordered to attend.

Saturday, March 19. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice.

Newfoundland.

The draught of instructions for the Governor of Newfoundland for the year 1763, having been prepared with alterations and additions conformable to the Earl of Egremont's letter, was agreed to and ordered to be transcribed, as was also the draught of a representation to his Majesty thereupon.

Nova Scotia.

fo. 98.

Leeward Islands.

The draught of a representation to his Majesty, proposing a new appointment of the Council of Nova Scotia, having been prepared pursuant to order, was agreed to and ordered to be transcribed; as was also a representation to his Majesty, proposing that Samuel Crook, Esquire, may be appointed of the Council of St. Christopher's.

Monday, March 21. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Jamaica.

Mr. Moore, late Lieutenant Governor of Jamaica, attending without and desiring to be admitted, was called in, and moved their lordships for their interposition and direction, in respect to a dispute between himself and Governor Lyttelton, concerning the salary before Mr. Lyttelton's arrival; whereupon their lordships desired that he would prepare a memorial, stating what he had to offer upon this subject, which he promised to do and then withdrew.

fo. 99.

Newfoundland.

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

Bahamas.

The Secretary laid before the Board a memorial of J. Gardiner of the Middle Temple, Esquire, agent for and in behalf of Richard Darby of Salem in New England, owner of the ship Ranger and her cargo, and George Crowninshield, master and commander of the said ship, containing articles of charge exhibited on their part against William Shirley, Esquire, Governor of the Bahama Islands, and James Bradford, Judge of the Court of Vice Admiralty there, for and on account of their irregular and unlawful proceedings in the condemnation of the said ship and cargo, and other matters respecting the administration of the said Governor.

fo. 100.

The said memorial having been read and considered, the Secretary acquainted the Board, that a person attended without on the part of Mr. Gardiner, agent for the complainants, as also that Mr. Bollan, agent and attorney for Governor Shirley, was likewise attending without, with Mr. Bradford, the Judge of the Vice Admiralty Court of the Bahama Islands, complained of in the said memorial.

The parties having been called in and the memorial of complaint read article by article, Mr. Langstaff, who appeared for Mr. Gardiner, agent for the complainants, desired to withdraw that part of the complaint which related to Mr. Bradford; upon which Mr. Bradford requested that he might have a copy of the charge against him and be at liberty to lay before their lordships an answer thereto, and Mr. Bollan in behalf of Mr. Shirley, moved for a copy of the memorial, and time to consider of it before any further proceedings were had.

fo. 101.

Whereupon the parties were ordered to withdraw, and their lordships, after full consideration of this matter, were of opinion that the 1st, 2nd, 3rd and 4th articles of the charge relating entirely to Mr. Bradford (the complaint against whom was withdrawn), it was not necessary to proceed to any enquiry upon them, but that Mr. Bradford should have a copy of them, agreable to his request, with liberty to him to answer to them before their lordships, either personally or by memorial, if he thought proper; that the 5th article of charge, being founded merely on hearsay, and the 8th, 9th, 10th, 11th and 12th, relating to matters which no way affect the persons or interests of the complainants, and to persons for whom the complainants have no authority to act or to appear, their lordships could not, consistent with the rules of their proceedings, take any cognizance thereof, or proceed to any enquiry upon them; that the 6th and 7th articles relating personally to Mr. Shirley, and containing positive charge of acts of violence and oppressions towards one of the complainants, it was their lordships' duty as well in justice to Mr. Shirley as to the complainants, forthwith to transmit copys of those articles to Mr. Shirley, with directions to answer to them as soon as possible.

The parties being again called in, they were acquainted with their lordships' sentiments and directions in this matter, and then they withdrew.

fo. 102.

Ordered that the 6th and 7th articles of the charge contained in Mr. Gardiner's memorial be copied, to be transmitted to Mr. Shirley for his answer, and that the draught to him inclosing the said copy, be prepared.

Ordered, that a copy be made of the 1st, 2nd, 3rd and 4th articles of the charge contained in Mr. Gardiner's memorial, to be delivered to Mr. Bradford, as requested by him.

fo. 103.

Wednesday, March 23. Present:— Right Honourable Mr. Townshend, Mr. Jenyns, Mr. Yorke, Mr. Rice, Sir Edmond Thomas, Lord Orwell.

Nova Scotia.

fo. 104.

Their lordships took into further consideration an order of the Lords of the Committee of Council for Plantation Affairs, respecting the engagements entered into by the Board with Mr. Alexander McNutt, for introducing settlers into Nova Scotia from the North of Ireland; and Mr. McNutt attending as desired, presented a memorial, which was read, and their lordships had some further discourse with him touching the loss and damage he has sustained by this Board's engagements with him not having been fulfilled, after which he withdrew; and it was ordered, that the draught of an instruction to the Governor of Nova Scotia, conformable to the directions of the order of the Lords of the Committee, should be prepared, and also the draught of a report to their lordships thereupon.

Virginia.

Connecticut.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated the 3rd of March, 1763, referring to this Board the copies of two letters from the Earl of Egremont, the one to Sir Jeffery Amherst, and the other to the Governor of Connecticut, respecting the settlement carrying on by persons from that government at Wyoming on the Delaware River, and directing the Board to consider whether any or what further measures may be necessary to be pursued to put a stop to the said settlement.

fo. 105.

Their lordships, upon consideration of the said order and papers referred, were of opinion, that it would be adviseable to take the same method to put a stop to this settlement that was taken in the year 1758, in the case of the settlement made by Gray and his adherents to the southward of the Alatamaha River in Georgia; and it was accordingly ordered, that the draught of a report to the Lords of the Committee, conformable to this opinion, should be prepared.

North Carolina.

South Carolina.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated the 12th of March, 1763, approving a report of this Board which recommends that a temporary line of jurisdiction should be established between the Provinces of North and South Carolina, and directing the draught of an additional instruction to be prepared, requiring the Governors of both provinces to carry the said project into execution.

Ordered, that the draught of an instruction be accordingly prepared, and also the draught of a report to the Lords of the Committee thereupon.

North Carolina.

fo. 106.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated the 12th of March, 1763, referring to this Board, for their consideration and opinion, an extract of a letter from the Governor of North Carolina, proposing that an alteration should be made in the 74th Article of his instructions, relating to lands granted in 1736 to Murry Crimble and his associates.

Ordered, that this matter be taken into consideration on Wednesday, the 13th of April, and that notice be given to Mr. McCulloch, principally concerned in the said grant, to attend.

Nova Scotia.

Georgia.

Ordered, that the Secretary do transmit to the Governors of Nova Scotia and Georgia, copies of the estimates laid before Parliament for the support of the civil establishments of the said colonies for the year ensuing.

fo. 107.

Friday, March 25. Present:— Right Honourable Charles Townshend, Mr. Jenyns, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Newfoundland.

Read a letter from the Earl of Egremont, one of his Majesty's Principal Secretaries of State, dated the 24th of March, 1763, signifying that his Majesty had appointed Thomas Graves, Esquire, to be Governor of Newfoundland and of all the Coast of Labrador from Hudson's Streights to the River St. Johns, opposite to the Island of Anticosti, and directing that the draught of a Commission for the said Governor should be prepared to be laid before his Majesty, and that such additions should be made to the draught of instructions, transmitted with the Board's representation of the 21st instant (which his Majesty had approved), as should be necessary to render them conformable to such Commission.

fo. 108.

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

Several minutes were taken of such additions and alterations, as were necessary to be made in the instructions above referred to, and a new draught conformable thereto was ordered to be prepared, to be laid before the Board on Monday.

Monday, March 28. Present:— Right Honourable Charles Townshend, Mr. Jenyns, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Newfoundland.

fo. 109.

The draught of instructions for the Governor of Newfoundland and other territories included in his Commission, having been prepared pursuant to order, was laid before the Board, approved and ordered to be transcribed, and the draught of a representation to his Majesty thereupon was ordered to be prepared.

Tuesday, March 29. Present:— Right Honourable Charles Townshend, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Sir Edmond Thomas, Mr. Rice, Lord Orwell.

Newfoundland.

The draught of a representation to his Majesty, upon the instructions for the Governor of Newfoundland and the other territories included in his Commission, having been prepared pursuant to order, was agreed to, transcribed and signed.

Bahamas.

fo. 110.

The draught of a letter to the Governor of the Bahama Islands, inclosing to him a copy of Mr. Gardiner's memorial of complaint against him, and also a copy of the minutes of the Board's proceedings upon it, and directing him to answer to the 6th and 7th articles of the said memorial, having been prepared pursuant to order, was agreed to, transcribed and signed.

North Carolina.

South Carolina.

The draught of an instruction to the Governors of North and South Carolina, respecting the establishment of the temporary line of jurisdiction between the said colonies, having been prepared pursuant to order, was approved and ordered to be transcribed, and a report to the Lords of the Committee of Council thereupon was signed.

Nova Scotia.

Read the following letters and papers received from the Lieutenant Governor of Nova Scotia, viz.
fo. 111.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Secretary, dated the 24th of January, 1763, complaining of Colonel McNutt's proceedings in the manner of introducing settlers into that province, and inclosing
Extract of a letter from Captain R. G. Bruce of the Engineers, relating to the Clear Lands on St. John's River, to Mr. Belcher, 10th October, 1762.
Return of the children in the Orphan House from the 1st of July to the 31st of December, 1762.
Letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to the Board, dated the 24th of January, 1763, giving an account of his proceedings in the administration of that government.
Letter from Mr. Belcher to the Board, dated the 25th of January, 1763, transmitting
List of ships and vessels that have entered inwards in the Port of Halifax between the 1st of July and 31st of December, 1762.
Ditto, cleared outwards between the 1st of July and 31st of December, 1762.

fo. 112.

Their lordships, upon consideration of that part of Mr. Belcher's letter to the Secretary, which relates to Colonel McNutt's proceedings, ordered the draught of the report upon his case which had been prepared, to lye by for further consideration, and that in the mean time he should have an extract of Mr. Belcher's letter delivered to him for his answer to the matters, therein complained of.

Canada.

fo. 113.

Read a petition of Michael Mahiu, a French Canadian, praying to be restored to the possession of a plantation upon the River St. Lawrence of which he was dispossessed in 1758, by the invasion of the English; the said petition appearing to relate to a question of property, their lordships did not think proper to proceed any further thereupon, and directed the Secretary to acquaint the petitioner, that he must apply for relief in his case to the courts established in the colony for adjudication of such matters.

Nova Scotia.

Read a petition of George Taylor, late an inhabitant of Nova Scotia, complaining of unreasonable delays in the Courts of Justice there in a matter of property in which he is concerned, and which is now before the Court of Chancery there for adjudication, and praying the Board to take the case into their consideration.

Their lordships, upon consideration of the said petition, did not think it proper or consistent with the rules of their proceedings to take cognizance of a matter of property, now in suit before the proper courts in the colony.