Journal, July 1763: Volume 70

Journal, July 1763

Wednesday, July 6. Present:—Earl of Shelburne, Mr. Eliot, Mr. Yorke, Mr. Rice, Lord Orwell.

Virginia.

The draught of a representation to his Majesty upon the Virginia Act for the relief of insolvent debtors, having been transcribed pursuant to order, was signed.

Pennsylvania.

fo. 172.

Read an Order of his Majesty in Council, dated the 15th of June, 1763, approving of John Penn, Esquire, to be Deputy Governor of Pennsylvania, and directing this Board to take care that the usual securities are given and declaration made, and to report the same to his Majesty, together with a draught of such instructions as are usually given to the Proprietaries on the appointment of a new deputy.

The Secretary at the same time laid before the Board a declaration under the hands and seals of the Proprietaries, of a saving of his Majesty's right to the Three Lower Counties, and also a memorial of the Deputy Governor, proposing David Barclay, junior, and John Barclay of the City of London, merchants, for his securities.

fo. 173.

The said securities having been approved, it was ordered, that the Secretary should transmit to the Secretary to the Lords Commissioners of the Treasury the draught of a bond in the usual from to be entered into by the said securities, and that the draught of instructions to the Proprietaries should be prepared, in the form usual on like occasions.

Nova Scotia.

Read a letter from the Secretary to the Lords of the Treasury to Mr. Pownall, dated June 20th, 1763, signifying that their lordships agree with this Board in the opinion expressed in Mr. Pownall's letter of the 10th concerning Mr. McNutt, and referring it to this Board to take the necessary steps for obtaining his Majesty's orders to the Governor of Nova Scotia, to make a grant of lands to Mr. McNutt, agreable to his proposals.

fo. 174.

Their lordships, upon consideration of the said letter, resolved, that when Mr. McNutt shall have produced certificates from the Governor or principal officer in South Carolina that he has performed the service to which he stands engaged with the Lords Commissioners of the Treasury, their lordships will take the proper steps for obtaining his Majesty's orders to the Governor of Nova Scotia to make to Mr. McNutt a grant of a tract of land, free from the payment of quit rents for ten years, in proportion to the number of people he shall carry over to Carolina, in such parts of the province as shall appear to their lordships to be convenient to Mr. McNutt, with a due regard to the interests of the Crown.

Ordered, that the Secretary do transmit a copy of the foregoing resolution to the Secretary to the Lords Commissioners of the Treasury.

fo. 175.

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated the 3rd of May, 1763, acknowledging the receipt of the Board's letter of June the 10th, 1762, with observations upon the Loan Act sent in September last, and inclosing,
His speech at opening the General Assembly the 25th of April, 1763, with the addresses of the Council and Assembly.

North Carolina.

Read a letter from Governor Dobbs, dated the 9th of August, 1762, acknowledging the receipt of several letters and papers from the Board: Is very sorry he has incurred his Majesty's displeasure, by passing the Superior and Inferior Court Bills, but offers some reasons in alleviation of his fault.

Bermuda.

The Secretary laid before the Board the following letters and papers received from the Governor of Bermuda, viz.
fo. 176.
Letter from William Popple, Esquire, Governor of Bermuda, to the Board, dated the 29th of April, 1763, inclosing papers respecting a dispute with the Collector of the Customs there.
Extract of Governor Popple's Commission of Vice Admiralty. Collector's 34th and 36th instructions.
Letter from Governor Popple to the Board, dated April 30th, 1763, inclosing,
Copy of a letter from him, dated April 29th, 1763, to the Lords of the Admiralty, respecting a dispute with the Collector of the Customs with regard to his Commission of Vice Admiral.

Barbados.

Read a letter from Charles Pinfold, Esquire, Governor of Barbados, dated May 7th, 1763, acknowledging the receipt of the Board's letter of the 5th of March last, with inclosures.

fo. 177.

Bahamas.

Read a memorial of James Bradford, Esquire, Judge of Vice Admiralty in the Bahamas, to this Board, containing his answer to the charges exhibited against him by Crowninshield and others, and inclosing several papers in support of the allegations of his memorial.
Depositions of Governor Shirley, Peter Delaporte (Marshal), James Erving, James Rigby, etc., concerning the taking a packet wrote by Gregorio, a Spaniard, from Captain Crowninshield.
Depositions of John Boyd and Samuel Gambier.

Grenada.

Read a letter from George Scott, Esquire, Governor of Grenada (without date), acknowledging the receipt of the Board's letter of the 5th of March last and the papers inclosed, promises their lordships all the information in his power in respect of his government, but refers, at present, to his letter and papers sent to Lord Egremont.

fo. 178.

Martinique.

Read a letter from William Rufane, Esquire, dated Martinique, the 2nd of May, 1763, acknowledging the receipt of the Board's queries to the Governors of Dominica and St. Vincent's, with some observations upon the said islands, and inclosing,
St. Vincent's.
Present state of the Island of St. Vincent's with observations.

New Jersey.

Read a letter from Josiah Hardy, Esquire, Governor of New Jersey, to the Board, dated the 2nd of May, 1763, inclosing Acts and publick papers, with observations upon the Act for laying a duty on negroes, etc.
Minutes of Council from the 22nd of May, 1762, to the 24th of February, 1763.
Ditto: of Council in Assembly from the 14th to the 25th of September, 1762, inclusive.
fo. 179.
Minutes of Assembly from the 14th to the 25th of September, 1762.
Eleven Acts passed the 25th of September, 1762.

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

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, to the Board, dated April 29th, 1763, transmitting,
Antigua.
Minutes of Council from the 18th of March to the 7th of October, 1762.
Do: of the Assembly from the 18th of March to the 7th of October, 1762.
Five Acts passed in March, April and September, 1762.
St. Christopher's.
Minutes of Council from the 23rd of November, 1761, to the 15th of November, 1762.
fo. 180.
Minutes of Assembly from the 23rd of November, 1761, to the 20th of November, 1762.
Three Acts passed in Septeber, October and November, 1762.
Nevis.
Three Acts passed in April, 1761, and August and December, 1762.
Montserrat.
One Act passed in April, 1762.

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

Pennsylvania.

Read a letter from James Wright, Esquire, Governor of Georgia, Mr. Pownall, dated the 27th of April, 1763, transmitting,
Lists of persons naturalized from 1753 to 1761.

fo. 181.

Georgia.

South Carolina.

Read a letter from James Wright, Esquire, Governor of Georgia, dated the 20th of April, 1763, acquainting the Board, that he had received information that Mr. Boone, Governor of South Carolina, had come to a resolution to make grants of all the lands to the southward of the River Alatamaha, and inclosing,
Protest and caveat of Governor Wright against the Governor of South Carolina's surveying lands to the south of the River Alatamaha.
Minutes of Council from the 6th of January to the 31st of March, 1761.
Do: from the 6th of April to the 14th of June, 1762.
Abstract of grants registered from the 27th of January to the 27th of July, 1762.

fo. 182.

Ordered, that the Secretary do transmit copies of the above letter and protest from the Governor of Georgia, to his Majesty's Attorney and Sollicitor General, and desire they will consider the same, together with the Charters of Carolina in the 15th and 17th of Charles the Second, and the Act of the 4th of his late Majesty, for confirming the purchase of the said province, and report their opinion, whether the grants of lands made by the Governor of South Carolina to the south of the River Alatamaha are valid grants.

Tuesday, July 12. Present:—Earl of Shelburne, Mr. Eliot, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Barbados.

fo. 183.

Their lordships took into consideration an Act passed in the Island of Barbados in 1762, entitled an Act to regulate sales at Outcry and the proceedings of persons executing the office of Provost Marshall General of this island and their under officers; and Mr. Reynolds, the patentee of the said office of Provost Marshall, attending without, with Mr. Wedderburn, his counsel and Mr. Joshua Sharpe, his sollicitor, to be heard against the confirmation of the said law, and Mr. Pickering, agent for the island, attending also with Mr. de Grey, his counsel, in support of the Act, the counsel were called in, and Mr. Wedderburn having been heard in what he had to offer in objection to the Act, and Mr. de Grey in support of it, and also Mr. Wedderburn a second time in reply to Mr. de Grey, the counsel were ordered to withdraw, and their lordships agreed to take the Act into further consideration on Tuesday, the 21st instant.

fo. 184.

Friday, July 15. Present:—Earl of Shelburne, Mr. Eliot, Mr. Yorke, Mr. Rice, Lord Orwell.

Plantations General.

fo. 185.

Their lordships read and considered a letter from the Earl of Egremont, dated yesterday, containing his Majesty's directions upon several parts of the Board's representation of the 8th of June, notifying the appointment of James Murray, Esquire, to be Governor of Canada; James Grant, Esquire, to be Governor of East Florida; George Johnstone, Esquire, to be Governor of West Florida; and Robert Melvill, Esquire, to be Governor of Grenada, St. Vincent's, Tobago and Dominica; and directing the Board to prepare Commissions and instructions for the said Governors, agreable to the plan of government marked out in the abovementioned representation.

Ordered, that the draught of a representation to his Majesty be prepared, upon that part of the Earl of Egremont's letter, which relates to the expediency of extending the jurisdiction of the colonies to the lands proposed to be reserved as Indian land.

Trade.

Africa.

Read a letter from the Earl of Halifax, one of his Majesty's Principal Secretaries of State, referring to this Board the correspondence between his Lordship and the King's Minister at the Hague upon the subject of the disputes with the Dutch upon the Coast of Africa, and desiring the Board's opinion what instructions it may be proper to give on this occasion to the captains of the ships of war stationed upon that coast.

fo. 186.

Massachusetts.

Read an order of the Committee of Council for Plantation Affairs, dated July 9th, 1763, referring to this Board, for their consideration and opinion, eighteen Acts passed in the Massachusets Bay in January and February, 1763.

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

fo. 187.

Thursday, July 21. Present:—Earl of Shelburne, Mr. Eliot, Mr. Yorke, Mr. Rice, Mr. Gascoyne.

Miscellanies.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office from the 5th of April to the 5th of July, 1763, amounting in the whole to five hundred, twenty one pounds, eighteen 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.

Barbados.

fo. 188.

Their lordships took into further consideration the Act passed in Barbados in 1762, for regulating the Provost Marshall's proceedings, and ordered the Secretary to write to Mr. Reynolds, the Provost Marshall, for his objections in writing to the said Act, confining himself to those clauses only, which he alleges to affect his office, and that the Secretary do likewise communicate a copy of the Act to the principal merchants and others trading to and interested in the island, for their sentiments upon the general tendency of it, in respect to the commerce of that island and their interests as merchants.

Canada.

East and West Florida.

Grenada.

Ordered, that the Secretary do write to the Governors of Canada, East and West Florida, and the Southern Islands, for their opinions by what method, the most reasonable and frugal, the new established colonies in America may be peopled and settled with usefull industrious inhabitants.