Journal, December 1767: Volume 74

Journal, December 1767

fo. 333.

Tuesday, December 1st. Present:—Lord Clare, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert, Mr. Robinson.

East Florida.

Mr. Baker Hill attended to support his petition for lands in East Florida, referred by order of the Lords of the Committee of Council, mentioned in the minutes of the 23rd ultimo.

Ordered, that Mr. Hill do attend again on some other day, and bring with him some responsible person or persons to support his character and pretensions.

Virginia.

fo. 334.

The Secretary acquainted the Board, that he was desired by Mr. Stewart, concerned in the trade to Virginia, to move their lordships to report for the confirmation of two private Acts passed in Virginia, entitled, an Act to impower trustees to sell and convey certain lands whereof Charles Carter the elder is seized as tenant in fee tail and for other purposes, and an Act to impower the executors of Charles Carter, late of King George, to sell part of his lands and slaves for payment of his debts and legacies.

Their lordships took the said Acts into consideration, together with Sir Mathew Lamb's report thereupon, and some objections appearing to lye against the said Acts, it was agreed to take them into further consideration on this day sennight, and that Mr. Stewart should be desired to attend.

fo. 335.

Massachusetts.

Their lordships took into consideration twelve Acts passed in the Province of Massachusets Bay in February and March last, together with Sir Mathew Lamb's report thereupon.

New England.

Ordered, that the Act entituled, an Act for effectually preventing the currency of the bills of credit of Connecticut, New Hampshire and Rhode Island within this province, be taken into further consideration on this day sennight, and that the principal merchants trading to the New England colonies, be desired to attend the Board on that day.

Nova Scotia.

Their lordships then took into consideration ten Acts passed in the Province of Nova Scotia in November 1766, together with Sir Mathew Lamb's report thereupon.

fo. 336.

Ordered, that the draught of a representation to his Majesty be prepared, proposing the repeal of the Act entituled, an Act for continuing an Act intituled an Act for reviving an Act made and passed in the thirty third year of his late Majesty's reign intitled an Act for prolonging a resolution of the Governor and Council revived and put in force by the General Assembly in the thirty second year of his Majesty's reign.

Thursday, December 3rd. Present:—Lord Clare, Mr. Jenyns, Mr. Dyson, Mr. Fitzherbert, Mr. Robinson.

Virginia.

fo. 337.

Their lordships took into consideration nineteen laws passed in Virginia in November and December 1766, together with Sir Mathew Lamb's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the Act entituled an Act for giving a salary to the Speaker of the House of Burgesses there, should be disallowed.

Friday, December 4th. Present:—Lord Clare, Mr. Jenyns, Mr. Dyson, Mr. Robinson.

Leeward Islands, St. Christopher's.

fo. 338.

Their lordships took into consideration an Act passed in the Island of St. Christopher's in 1764, for regulating the practice of the law, together with a petition of Messrs. Mahon, Roscrow and Burroughs, praying that the said Act may be disallowed; and Mr. Philips, solicitor for the petitioners, attending, together with Mr. Wilmot, agent for the island, Mr. Philips acquainted their lordships, that he was ready with his counsel to be heard against the said law, but Mr. Wilmot declining to be heard by counsel without directions from his constituents, and therefore moving that he may be allowed time to write over to his constituents for instructions, Mr. Philips acquiesced therein, and the further consideration of the said law was thereupon adjourned to this day six months.

Ordered, that Mr. Wilmot have a copy of the petition against the Act above referred to.

fo. 339.

North Carolina.

Their lordships then took into consideration twenty eight Acts passed in North Carolina in November 1766, together with Sir Mathew Lamb's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing the repeal of an Act for laying a tax on pedlars and other itinerant traders coming into this province.

Tuesday, December 8th. Present:—Lord Clare, Mr. Jenyns, Mr. Dyson, Mr. Fitzherbert, Mr. Robinson.

Massachusetts.

fo. 340.

Their lordships took into further consideration the Act passed in the Province of Massachusets Bay for preventing the currency of bills of credit of the neighbouring governments, and Mr. Alderman Trecothick and Mr. Bernard, two principal merchants trading to the New England colonies, attending, their lordships had some discourse with them upon the subject of this Act, which they stated to have had a salutary effect, and that it was, in their opinion, a measure accompanied with benefit to the mercantile interest, but submitted the propriety of the several provisions to their lordships' consideration.

Virginia.

fo. 341.

Mr. Stewart, concerned in soliciting the confirmation of two private Acts of Virginia relative to the estates of Mr. Carter, not attending in consequence of the notice given him, the further consideration of the Acts was postponed.

Jamaica.

Their lordships then took into consideration twenty three Acts passed in Jamaica in 1766, together with Sir Mathew Lamb's report thereupon, and made some progress therein.

Tuesday, December 15th. Present:—Lord Clare, Mr. Jenyns, Mr. Fitzherbert, Mr. Robinson.

Virginia.

Nova Scotia, fo. 342.

East Florida,

Representations to his Majesty, proposing that John Page, esquire, may be appointed of the Council of Virginia, in the room of Peter Randolph, deceased; that Benjamin Gerrish, esquire, may be appointed of the Council of Nova Scotia, in the room of Edmund Crawley, who has left the province; and that Martin Jollie, esquire, may be appointed of the Council of East Florida to compleat the number to twelve, were signed.

Plantations General, Georgia, East Florida, West Florida, Nova Scotia, Senegambia.

Read a letter from Grey Cooper, esquire, Secretary to the Lords of the Treasury, to Mr. Pownall, dated this day, desiring him to move the Board, that their lordships would prepare and lay before the House of Commons the estimates for the Colonies of Georgia, East and West Florida, Nova Scotia, and the Province of Senegambia, and also to send copies thereof to the Treasury.

fo. 343.

Ordered, that notice be given to the King's agents for the affairs of Nova Scotia, Georgia, East Florida, West Florida and Senegambia, to attend the Board on this day sennight, and to come prepared to lay before their lordships an account of the expenditure of the monies granted last year for the services of those colonies respectively, and of the whole ballance, if any, remaining in their hands.

Plantations General.

Read a letter from Captain Holland, Surveyor of Lands for the Northern District, to the Secretary, dated Quebec, October 2nd, 1767, transmitting plans of the Island of Anticosti, etc.; and explaining his intentions in respect to his further proceedings in the execution of this service.

fo. 344.

Plantations General.

Ordered, that an extract of so much of Captain Holland's letter as relates to the naval establishment employed in this service, be transmitted to the Board of Admiralty.

Jamaica.

Read a letter from Roger Hope Elletson, esquire, Lieutenant Governor of Jamaica, dated October 17th, 1767, containing an account of the death of Gilbert Ford, esquire, Attorney General, and one of the members of his Majesty's Council in that island.

Massachusetts.

Read a letter from the Earl of Shelburne to the Board, dated December 7th, 1767, transmitting extracts of two letters from Governor Bernard, and desiring their opinion, whether the House of Representatives of Massachusetts Bay have a right to chuse an agent for themselves, etc.

fo. 345.

Their lordships took the said letter of reference into consideration, and after some time spent therein, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Trade, Dresden.

Read a letter from David Hume, esquire, Secretary to Mr. Conway, to the Secretary, dated the 5th instant, desiring the opinion of this Board relative to a proposal of a cambrick manufacturer at Dresden to pass into some of the British colonies in North America, in order to establish that manufacture therein.

Upon consideration of this letter, directions were given to the Secretary for an answer thereto to be prepared.

Jamaica.

fo. 346.

Their lordships made a further progress in the consideration of the laws of Jamaica passed in 1766, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that two of the said laws, the titles of which are as follows, should be repealed, vizt.,
An Act to make void all bills, bonds, mortgages, judgments, recognizances, fines and amerciaments, and all and every other writings obligatory whatsoever, whereon no payment hath been or shall be made, or which have not been or shall not be legally demanded within the space of twenty one days from the time they respectively became or shall become due, or from the last payment thereof.
An Act for the setting mutual debts one against the other.

fo. 347.

The following duplicates of letters to the Earl of Shelburne, and of papers therewith transmitted from the Governors of his Majesty's Plantations and others, were laid before the Board, vizt.,
Trade, Messina.
Letter from George Tatem, esquire, his Majesty's Consul at Messina, to the Board, dated September 15th, 1767, containing a proclamation intended to be published at Palermo with regard to tobacco brought thither in English, Dutch and French vessels.
Extract of a letter from the Vice Consul at Palermo to Mr. Tatem at Messina, dated September 4th, 1767.
Plantations General.
fo. 348.
Duplicate of a letter No. 4, from John Stuart, esquire, Superintendant of Indian Affairs, to the Earl of Shelburne, dated August 22nd, 1767, relative to the plundering and burning of a village belonging to the Creeks.
Duplicate of a letter No. 5, from Mr. Stuart to the Earl of Shelburne, dated October 3rd, 1767, relative to transactions with the Creek Indians.
Letter from Mr. Stuart to the Secretary, dated October 3rd, 1767, transmitting,
Affidavit of Joseph Mackenfuss, concerning several persons being murdered by a party of the Creek Indians.
Journal of Mr. Stuart's proceedings with the Creek and Cherokee deputies, and the traders to the said Nations.
fo. 349.
Quebec.
Letter from Guy Carleton, esquire, Lieutenant Governor of Quebec, to the Board, dated September 22nd, 1767, transmitting,
Minutes of Council from the 1st of May to the 30th of June, 1767.
Nova Scotia.
Letter from Michael Francklin, esquire, Lieutenant Governor of Nova Scotia, to the Board, dated October 24th, 1767, informing their lordships of his having taken upon him the administration upon the departure of the Governor.
Sixteen Acts passed in Nova Scotia in July, August and October 1767.
Massachusetts.
fo. 350
Duplicate of a letter No. 20, from Francis Bernard, esquire, Governor of Massachusets Bay, to the Earl of Shelburne, dated August 25th, 1767, containing remarks on the currency of the said province, and on paper currency in general.
Copy of the minutes of the Council of Massachusets Bay in June and August 1767, respecting the state of the currency of that province.
Massachusetts.
A representation, by the Council of Massachusets Bay, of the state of the currency of that province.
New Hampshire.
Letter from John Wentworth, esquire, Governor of New Hampshire, to the Board, dated September 30th, 1767, relative to the quiet state of the province, and transmitting,
Eighty Acts passed in New Hampshire in the years 1762, 3, 4, 5 and 6.
fo. 351.
Proprieties, Pennsylvania.
Letter from Joseph Shippen, esquire, Secretary of the Province of Pennsylvania, to the Secretary to this Board, dated September 1st, 1767, transmitting,
Lists of persons naturalized in the Province of Pennsylvania from the 1st of June, 1766, to the 1st of June, 1767.
List of ships and vessels entered and cleared in the Port of Annapolis, between the 5th of April and 5th of July, 1767.
North Carolina.
Letter from William Tryon, esquire, Governor of North Carolina, to the Board, dated June 29th, 1767, transmitting,
A view of the polity of the Province of North Carolina.
fo. 352.
Letter from Governor Tryon to the Board, dated June 30th. 1767, relative to the condemnation of a sloop having foreign rum on board.
Copy of a letter from Governor Tryon to the Collector of the Customs for Port Beaufort, dated February 16th, 1767.
Copy of the reasons given by the judge of the Vice Admiralty Court for the condemnation of a sloop and cargo having foreign rum on board.
Copy of a letter from Governor Tryon to the Commissary and Judge of the Court of Vice Admiralty of North Carolina, dated February 16th, 1767.
Copy of a letter from the Attorney General of North Carolina to Governor Tryon, dated February 10th, 1767.
fo. 353.
Copy of a letter from the judge of the Vice Admiralty Court to Governor Tryon, dated February 23rd, 1767, inclosing,
Copy of a decree of the Court of Vice Admiralty concerning the sloop and cargo condemned upon the prosecution of Captain Morgan.
Letter from Governor Tryon to the Board, dated July 7th, 1767, relative to the expediency of continuing the office of Baron of the Exchequer, and recommending Mr. John Hawks to be Comptroller of Port Beaufort.
Letter from Governor Tryon to the Board, dated July 8th, 1767, containing remarks on an inclosed list of taxable persons in that province.
fo. 354.
A return of the lists of taxables for the year 1765 in North Carolina.
Letter from Governor Tryon to the Board, dated July 15th, 1767, relative to the boundary line between the western frontiers of that province, and the Cherokee hunting grounds.
Letter from Governor Tryon to the Board, dated July 15th, 1767, acknowledging the receipt of their lordships' letter to him of the 29th of November, 1765, and containing his reasons for not attempting to get the amendments in an Act passed in 1754 relative to paper currency, carried into execution, in pursuance of an instruction of his late Majesty to Governor Dobbs.
fo. 355.
Letter from Governor Tryon to the Board, dated July 20th, 1767, transmitting,
Patents of lands granted in the Province of North Carolina in April 1767.
Georgia.
Letter from James Wright, esquire, Governor of Georgia, to the Board, dated August 15th, 1767, relative to the state of that province.
Extracts of letters to and from General Gage.
Letter from Governor Wright to the Board, dated August 25th, 1767, containing an account of the state of the silk culture in Georgia.
Letter from Governor Wright to the Board, dated September 16th, 1767, inclosing,
fo. 356.
List of vessels entered and cleared at the Port of Sunbury, from the 5th of October, 1766, to 5th of July, 1767.
Ditto: from the 5th of April to 5th of July, 1767.
Letter from Governor Wright to the Board, dated October 13th, 1767, relative to the sums expended for the service of Georgia.
Letter from Governor Wright to the Board, dated October 24th, 1767, relating to the murder of two inhabitants of East Florida by some Creek Indians; and inclosing copies of two affidavits on that subject.
fo. 357.
Letter from Governor Wright to the Secretary to this Board, dated October 24th, 1767, informing him that the vessel on board which a quantity of silk of the Province of Georgia was shipped, and also a box of publick papers were shipped, was lost.
East Florida.
Duplicate of a letter No. 6, from James Grant, esquire, Governor of East Florida, to the Earl of Shelburne, dated July 16th, 1767, relative to the establishment of that colony; quit rents, and grants of lands; and informing him of his having appointed David Yeates, esquire, Receiver General of the Quit Rents.
Return of grants of land in East Florida, from the 20th of June, 1765, to the 22nd of June, 1767.
Form of a grant of land in East Florida.
East Florida.
Duplicate of a letter No. 7, from Governor Grant to the Earl of Shelburne, dated August 8th, 1767, relative to fees in East Florida.
fo. 358.
State of fees and other charges attending grants of land in East Florida.
List of fees established in East Florida by Governor Grant.
Duplicate of a letter No. 8, from Governor Grant to the Earl of Shelburne, dated August 8th, 1767, relative to the Creek Indians having given satisfaction for the murder of the two traders; and to the establishing of a regular correspondence between that province and West Florida.
List of headmen and warriors of the Lower Creek Nation invited by Governor Grant to a congress to be held at Picolata.
Talk of Governor Grant to the headmen and warriors of the Lower Creek Nation.
fo. 359.
West Florida.
Letter from Montfort Browne, esquire, Lieutenant Governor of West Florida, to the Board, dated August 6th, 1767, respecting the present state of affairs among the neighbouring Indians.
Copy of an oath taken by several persons trading to the Indian nations to endeavour to bring to punishment such as should be found spreading or making bad talks among the Indians.
Quebec.
Letter from Francis Mackay, esquire, Surveyor of the King's Woods in the Province of Quebec, to the Board, dated October 29th, 1767, desiring their lordships' instructions with regard to grants of land made by the French king.
fo. 360.
Virginia.
Accounts of his Majesty's Revenue of 2/- per hogshead, etc., from the 25th of April, 1766, to 25th of April, 1767.
Naval Office lists in the several districts of the Colony of Virginia.
Minutes of Council in Assembly from November 6th, 1766, to April 11th, 1767.
Journal of the House of Burgesses from March 12th to April 11th, 1767.
Thirty five Acts passed in April 1767.
New Jersey, South Carolina.
Twelve Acts passed in New Jersey in June 1767.
Lists of ships and vessels entered and cleared in the Port of Charles Town, South Carolina, in the quarter ending at Midsummer 1767.
Ditto: at Michaelmas 1767.
Georgia.
fo. 361.
Copy of a minute of Council of the Province of Georgia, February 3rd, 1767.
Minutes of Council from the 1st of July, 1766, to the 2nd of September following.
Journal of the Upper House in General Assembly form November 10th, 1766, to 26th of March, 1767.
Journal of the proceedings of the Commons House of Assembly from November 10th, 1766, to March 26th, 1767.
Eighteen Acts passed in June and December 1766, and March 1767.
Jamaica.
Letter from Walter Murray, esquire, Deputy Naval Officer for the Island of Jamaica, to the Secretary, dated July 1st, 1767, transmitting,
Naval Office lists from the 29th of March to 29th of June, 1767.
Ditto: from 29th of December, 1766, to 29th of March, 1767.
fo. 362.
Grenada.
Letter from Robert Melvill, esquire, Governor of Grenada, to the Board, dated October 7th, 1767, transmitting duplicates of several of his letters to the Earl of Shelburne, and other publick papers; relating to the transmission to him of Acts of Parliament respecting the British colonies; grants of land; the complaint against Judge Atwood of Dominica, and the establishment of a legislature in that island.
Seventeen Acts passed in April, May and July 1767.

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

fo. 363.

Thursday, December 17th. Present:—Lord Clare, Mr. Jenyns, Mr. Fitzherbert, Mr. Robinson.

Several letters of reference from the Earl of Shelburne were read, vizt.,
Quebec.
New York.
Letter from the Earl of Shelburne to the Board, dated November 14th, 1767, referring papers, respecting disputed claims to lands in the Provinces of Quebec and New York, particularly near Lake Champlain, for their lordships' opinion, what steps are proper to be taken by those provinces for the final and speedy adjustment of these claims.
fo. 364.
Massachusetts.
Letter from the Earl of Shelburne to the Board, dated December 7th, 1767, referring extracts of two letters from the Governor of Massachusets Bay, relative to an attempt of the House of Representatives to appoint an agent for the province without the concurrence of the Governor and Council.
New York.
Letter from the Earl of Shelburne to the Board, dated November 14th, 1767, referring papers respecting claims of the reduced Commissaries of Stores and Provisions in North America to grants of lands in New York, for their lordships' opinion, what quantity it may be expedient to order to be granted to each of them,
fo. 365.
North Carolina.
Letter from the Earl of Shelburne, dated November 14th, 1767, referring to the Board, for their report, two papers from the Governor of North Carolina relative to a Court of Exchequer in that colony.
Georgia.
Letter from the Earl of Shelburne to the Board, dated November 14th, 1767, referring papers, for their report, on the expediency of directing the Governor of Georgia to assent to a law for the sale of such gunpowder, now in the magazines of that province, as may be in danger of perishing, and for the commutation of the duty on that commodity into money.

fo. 366.

Their lordships took the said letters of reference into consideration, and it was ordered, that draughts of representations to his Majesty upon the four first mentioned letters should be prepared, and that the last mentioned letter should lye by for further consideration, when the law, to which Governor Wright's letter refers, shall have been returned from Sir Mathew Lamb.

Monday, December 21st. Present:—Lord Clare, Mr. Jenyns, Mr. Eliot, Mr. Dyson, Mr. Fitzherbert, Mr. Robinson.

Trade, Hamburgh.

fo. 367.

Read and considered a letter from Mr. Secretary Conway, dated December 14th, 1767, referring to the Board, for their report, a copy of a letter from his Majesty's Resident at Hamburgh and other papers, on the subject of a treaty, now under negotiation between that city and the Court of France.

The Secretary communicated to the Board several papers, transmitted to him by Mr. McLean, Secretary to the Earl of Shelburne, vizt.,
Plantations General.
Copies of two letters from Sir William Johnson to the Earl of Shelburne, dated Johnson Hall, August 14th, 1767, relative to the state of Indian affairs, and transmitting,
fo. 368.
A review of the progressive state of the trade, politicks and proceedings of the Indians in the Northern District, with some hints towards establishing such regulations as may be enforced for preventing abuses and securing tranquility to the colonies.

Grenada, Dominica.

Their lordships took into further consideration the several memorials and other papers relative to the establishment of a separate government for the Island of Dominica, mentioned in the minutes of the 21st of October last, and a representation to his Majesty thereupon having been laid before the Board, was read and considered, and having been agreed to, was signed; as was also a letter to the Earl of Shelburne inclosing it, and desiring him to lay it before his Majesty. Their lordships at the same time approved and signed a report to the Lords of the Committee of Council upon the same subject, in consequence of their lordships' reference of the separate memorial of the Merchants, Wardens and Commonalty of the Merchant Adventurers of the City of Bristol.

fo. 369.

Tuesday, December 22nd. Present:—Lord Clare, Mr. Jenyns, Mr. Eliot, Mr. Dyson, Mr. Fitzherbert, Mr. Robinson.

East Florida, West Florida, Georgia, Nova Scotia, Senegambia, Plantations General.

Several accounts of the ballances of the grants of last year for the service of the Colonies of East Florida, West Florida, Georgia, Nova Scotia, and Senegambia, and for general surveys, delivered in by or received from the agents were laid before the Board.

Ordered, that the said accounts be taken into consideration on Friday, the 15th of January, and that the several agents do attend the Board on that day.

fo. 370.

Ordered, that draughts of estimates of what sums will be necessary for the abovementioned services for the ensuing year be prepared, to be laid before the Board on that day.

Trade, Hamburgh.

Ordered, that the Secretary do write to the Governor of the Hamburgh Company to desire that he, together with some other of the principal members of that company, will attend the Board on Thursday next on the subject of General Conway's reference, mentioned in the minutes of yesterday.

Plantations General.

Read a letter from Mr. McLean to the Secretary, inclosing, by the Earl of Shelburne's order, several papers relative to the present temper and designs of the Indians in the Northern District of America.

fo. 371.

Ordered, that the draught of a letter to the Earl of Shelburne be prepared, representing the expediency of giving immediate orders for the final settlement of the line proposed by the Indians in 1765, to be established as a boundary between their lands and the settlements of his Majesty's subjects.

Wednesday, December 23rd. Present:—Lord Clare, Mr. Jenyns, Mr. Eliot, Mr. Fitzherbert, Mr. Robinson.

Plantations General.

fo. 372.

The draught of a letter to the Earl of Shelburne upon the subject of a boundary line between the settlements of his Majesty's subjects in North America and the Indian country, having been prepared pursuant to order, was agreed to, transcribed and signed.

Thursday, December 24th. Present:—Lord Clare, Mr. Jenyns, Mr. Eliot, Mr. Fitzherbert, Mr. Robinson.

Trade, Hamburgh.

fo. 373.

Their lordships took into further consideration Mr. Secretary Conway's letter relative to the business of Hamburgh, and the Governor of the Hamburgh Company attending, with several of the principal members of that company, their lordships had some discourse with them on the subject matter of the said letter; after which a representation to his Majesty thereupon, and also a letter to Mr. Secretary Conway inclosing it, were signed.

Jamaica, North Carolina, Nova Scotia, Virginia.

Several representations to his Majesty, proposing the repeal of certain laws passed in Jamaica, North Carolina, Nova Scotia and Virginia, having been prepared pursuant to order, in the minutes of the 3rd, 4th and 15th instant, were approved, transcribed and signed.