Journal, November 1769: Volume 76

Journal, November 1769

fo. 154.

Friday, November 17. Present:—Mr. Jenyns, Mr. Robinson, Mr. Fitzherbert, Lord Lisburne.

South Carolina.

Their lordships being reassembled after some recess, and the Earl of Hillsborough, one of his Majesty's principal Secretaries of State, being present, the Secretary laid before the Board the following papers relative to the province of South Carolina, which papers had been received since the last meeting of the Board, vizt.
South Carolina.
Duplicate of a letter, No. 8, from William Bull, Esquire, Lieutenant Governor of South Carolina, to the Earl of Hillsborough, dated September 8th, 1768, containing an account of the manufactures set up and carried on in that province, and the publick encouragements given thereto.
fo. 155.
The South Carolina and American General Gazette from August 26th to September 2nd, 1768.
The South Carolina Gazette, September 6th, 1768.
Duplicate of a letter, No. 9, from Lieutenant Governor Bull to the Earl of Hillsborough, dated September 10th, 1768, relative to the Assembly, the freeholders, and the cause of the disturbances in the north west parts of the province.
Lists of grants from May 7th to November 24th, 1767.
Ditto: from May 13th to October 22nd, 1768.
Minutes of Council from January 5th to December 28th, 1768.
Journals of the Commons House of Assembly from the 15th to the 19th of November, 1768.
An Act passed, July 29th, 1769.
South Carolina Gazette.
fo. 156.
Duplicate of a letter, No. 13, from Lieutenant Governor Bull to the Earl of Hillsborough, dated . . . . . . , respecting the suspension of the payment of fines imposed on some offenders in South Carolina.
Copy of the petition of the said offenders to the Lieutenant Governor to that purpose.
Copy of Lieutenant Governor's warrant to suspend the payment of the said fines.
Duplicate of a letter, No. 14, from Lieutenant Governor Bull to the Earl of Hillsborough, dated August 28th, 1769, relative to the resolutions of the Assembly asserting claims of American rights, and his reasons for not dissolving them.
Copy of resolutions of the Commons House of Assembly on the 17th and 19th of August, 1769.
Duplicate of a letter, No. 15, from Lieutenant Governor Bull to the Earl of Hillsborough, dated August 29th, 1769, relative to a requisition made to the Assembly to provide barrack necessaries for the king's troops.
fo. 157.
Copy of a message from the Commons House of Assembly to the Lieutenant Governor, the 19th of August, 1769, respecting barrack provisions.
Duplicate of a letter, No. 16, from Lieutenant Governor Bull to the Earl of Hillsborough, dated September 7th, 1769, relative to the discontents in the back settlements; the expediency of the Circuit Act; and the good behaviour of the king's troops lately quartered in the barracks.
Three South Carolina Gazettes, dated August and September, 1768, and June 22nd, 1769.
Letter from Lieutenant Governor Bull, dated September 26th 1769, transmitting copies of Acts passed in July and August, 1769.
Titles of said Acts.
fo. 158.
Letter from Dr. Burton to the Secretary, dated September 27th, 1769, acquainting him with the design of the Society for propagating the Gospel in foreign parts, to appoint and allow a competent salary to a resident missionary for the Protestant Palatines in South Carolina.

The Secretary having acquainted the Board, that the Act for establishing Circuit Courts and abolishing the office of Provost Marshall, recommended for confirmation in Mr. Bull's letter to Lord Hillsborough, No. 16, was amongst the Acts above mentioned, the said Act was read and considered, and it appearing to be free from the objections made to the former Law for this purpose, and the patentee of the office of Provost Marshall having signified, that he had received full security for a compensation for his interest in the said patent, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said Act may be confirmed.

fo. 159.

New York.

Their lordships then entered into a consideration of the state of the colony of New York, and the following papers were read and considered, vizt.
Duplicate of a letter, No. 22, from Sir Henry Moore, Governor of New York, to the Earl of Hillsborough, dated August 29th, 1768, promising to transmit his observations on his instructions; and stating his endeavours to promote his Majesty's revenue of quit rents.
Duplicate of a letter, No. 23, from Sir Henry Moore to the Earl of Hillsborough, August 29th, 1768, promising to recommend to the Assembly to make an additional allowance to Mr. Kempe for the prosecution of suits of a criminal nature, and to satisfy Mr. Colden's demands for his salary, and the losses he sustained in the riots.
Duplicate of a letter, No. 24, from Sir Henry Moore to the Earl of Hillsborough, August 30th, 1768, relative to forwarding his dispatches by merchant ships, and not transmitting duplicates to the Lords of Trade.
fo. 160.
Duplicate of a letter, No. 25, from Sir Henry Moore to the Earl of Hillsborough, August 30th, 1768, relative to the assistance to be given to the Commissioners of the Customs in the discharge of their duty.
New York.
Duplicate of a letter, No. 16, from Sir Henry Moore, Governor of New York, to the Earl of Hillsborough, dated October 19th, 1768, relative to his Majesty's order in Council confirming the boundary line between the provinces of New York and Quebec.
Duplicate of a letter, No. 27, from Sir Henry Moore to the Earl of Hillsborough, dated October 20th, 1768, relative to the two Acts passed in New York for quartering the troops there.
Duplicate of a letter, No. 28, from Sir Henry Moore to the Earl of Hillsborough, dated October 24th, 1768, representing Mr. Henry White to be a person proper to be appointed a member of his Majesty's Council.
fo. 161.
Duplicate of a letter, No. 29, from Sir Henry Moore to the Earl of Hillsborough, dated November 7th, 1768, representing that the claim set up by New York of a right as far as the 45th degree is only in support of the grant to the Duke of York, and expressing his hopes that, as such, it will be admitted.
Bounds of King Charles the Second's grant of the 12th of March, 1664, to the Duke of York.
Duplicate of a letter, No. 30, from Sir Henry Moore to the Earl of Hillsborough, dated November 10th, 1768, inclosing,
Copy of his speech to the Council and Assembly of New York, October 28th, 1768.
Copy of the Council's address to the Governor, and his answer thereto, November 1st, 1768.
Copy of the Assembly's address to the Governor, November 3rd, 1768.
Duplicate of a letter, No. 32, from Sir Henry Moore to the Earl of Hillsborough, dated January 4th, 1769, relative to a riot in the city of New York, and the proceedings of the Assembly which induced him to dissolve them.
fo. 162.
Copy of a minute of Council on January 2nd, 1769. Printed votes and proceedings of the Assembly from October 27th, 1768, to January 2nd, 1769.
Duplicate of a letter, No. 33, from Sir Henry Moore to the Earl of Hillsborough, dated January 21st, 1769, relative to Mr. Wallace's admission into the Council, and Mr. Delancey's refusal to take his seat there, and stating the reasons, which induced him to recommend Mr. Robert Livingston to be one of the Council.
Duplicate of a letter, No. 34, from Sir Henry Moore to the Earl of Hillsborough, dated January 24th, 1769, relative to the proceedings of the Assembly in their last session.
fo. 163.
Duplicate of a letter, No. 35, from Sir Henry Moore to the Earl of Hillsborough, dated January 25th, 1769, relative to the encouragement he has given to Mr. Hasenclever and his successor in the management of some iron mines in New York.
Copy of a letter from Lord Shelburne to Sir Henry Moore, dated November 9th, 1766.
Memorial of several merchants of New York to Sir Henry Moore, respecting the iron mines under the direction of Mr. Hasenclever.
Duplicate of a letter, No. 36, from Sir Henry Moore to the Earl of Hillsborough, dated January 27th, 1769, containing remarks on the boundary line settled with the Indians at the late Congress.
Duplicate of a letter, No. 37, from Sir Henry Moore to the Earl of Hillsborough, dated February 25th, 1769, relative to sundry tracts of land, for the purchase of which several inhabitants of New York entered into contracts with the Indians before the Congress at Fort Stanwix.
Duplicate of a letter, No. 38, from Sir Henry Moore to the Earl of Hillsborough, dated March 1st, 1769, containing remarks on several Acts passed in the last session of Assembly.
fo. 164.
Copy of objections raised by Mr. Smith, one of the Council of New York, to the Bill for preventing frauds by bills of sale, &c.
Duplicate of a letter, No. 39, from Sir Henry Moore to the Earl of Hillsborough, dated March 30th, 1769, relating to his disappointment with regard to the conduct of the late Assembly.
Duplicate of a letter, No. 40, from Sir Henry Moore to the Earl of Hillsborough, dated April 13th, 1769, relative to the imprudent warmth of some of the members of the Assembly.
Copy of the Governor's speech to the Council and Assembly, April 4th, 1769.
Copy of the address of the Council to the Governor, April 5th, 1769.
Copy of the address of the Assembly, April 8th, 1769.
fo. 165.
Duplicate of a letter, No. 41, from Sir Henry Moore to the Earl of Hillsborough, dated April 14th, 1769, relating to the destruction of the trees, reserved for the Royal Navy, by the inhabitants of that part of the province which is on the Connecticut river.
Letter from Mr. Philip Livingston, junior, to Mr. Pownall, dated March 4th, 1769, transmitting, by Sir Henry Moore's direction,
A second and more correct certificate relating to the Act passed in New York concerning Marble Town.
Duplicate of a letter from Sir Henry Moore to the Earl of Hillsborough, dated May 9th, 1769, relative to his proceedings on the petition of Sir James Jay.
New York.
Duplicate of a letter, No. 42, from Sir Henry Moore to the Earl of Hillsborough, dated May 12th, 1769, relative to the proceedings of the Assembly, particularly with regard to the appointment of an agent.
fo. 166.
Duplicate of a letter, No. 43, from Sir Henry Moore to the Earl of Hillsborough, dated May 26th, 1769, setting forth his reasons for giving his assent to four Bills therein mentioned.
Duplicate of a letter, No. 44, from Sir Henry Moore to the Earl of Hillsborough, dated May 29th, 1769, containing his remarks on certain Bills which he rejected.
Copy of a Bill to confirm estates claimed by, or under aliens.
Extract from a Bill for emitting the sum of one hundred and twenty thousand pounds in bills of credit to be put out on loan, &c.
Remarks on the Act for emitting the sum of one hundred and twenty thousand pounds in bills of credit, by the Council, May 25th, 1769.
Copy of the address of the Assembly to the Governor in favour of the money Bill, dated May 20th, 1769.
fo. 167.
Duplicate of a letter, No. 45, from Sir Henry Moore to the Earl of Hillsborough, dated June 3rd, 1769, relative to certain resolutions of the Assembly, and the publications, in the American papers, of inflammatory letters said to be written from England.
Duplicate of a letter, No. 46, from Sir Henry Moore to the Earl of Hillsborough, dated June 7th, 1769, relative to a Bill brought into the House of Assembly for dividing the county of Albany into two counties.
Printed copy of the said Bill.
Duplicate of a letter, No. 47, from Sir Henry Moore to the Earl of Hillsborough, dated June 8th, 1769, relative to a memorial of Mr. Thomas Cumming, Vendue-master of New York, respecting that office.
Duplicate of a letter, No. 48, from Sir Henry Moore to the Earl of Hillsborough, dated June 9th, 1769. informing his Lordship of the transmission of all the Acts passed in the last session of Assembly.
fo. 168.
Duplicate of a letter, No. 49, from Sir Henry Moore to the Earl of Hillsborough, dated June 16th, 1769, transmitting printed copies of the Acts passed in the last session of Assembly.
Duplicate of a letter, No. 50, from Sir Henry Moore to the Earl of Hillsborough, dated July 11th, 1769, relative to the late resolves of the Virginian Assembly, and the expediency of the Bill for the emission of a paper Currency.
Duplicate of a letter, No. 51, from Sir Henry Moore to the Earl of Hillsborough, dated July 18th, 1769, relative to issuing warrants of survey of the lands ceded by the Indians to the Crown; and of his attention to purchases from the Indians.
Duplicate of a letter, No. 53, from Sir Henry Moore to the Earl of Hillsborough, dated July 20th, 1769, relative to inconveniences arising from the restriction laid on granting lands on the Connecticut river.
Copy of a memorial of several reduced officers to Sir Henry Moore, dated July 18th, 1769, praying for patents of lands located by them.
fo. 169.
Copy of a petition of several inhabitants of the city of New York to the Governor for grants of lands located by them.
Printed votes of Assembly from the 4th of April to the 20th of May, 1769.
Duplicate of a letter, No. 52, from Sir Henry Moore to the Earl of Hillsborough, dated July 19th, 1769, relative to the impression made by his Majesty's speech to his Parliament on the Council of New York, and his own endeavours to re-establish mutual confidence between Great Britain and her colonies.
Duplicate of a letter, No. 54, from Sir Henry Moore to the Earl of Hillsborough, dated August 10th, 1769, relating to the appointment of an agent for the province of New York.
Duplicate of a letter, No. 55, from Sir Henry Moore to the Earl of Hillsborough, dated August 11th, 1769, relative to applications to him for the making out of grants of the lands on the Connecticut river.
Copy of the petition of the subscribers, who have obtained warrants for the survey of lands to be granted to them, to the Governor of New York, dated August 9th, 1769.
fo. 170.
Copy of the petition of the rector and inhabitants of the City of New York in the communion of the Church of England, as by law established, to the Governor, dated August 11th, 1769.
Copy of the petition of the governors of the College of the province of New York in America, to the Governor, dated August 11th, 1769.
Papers referred by the Earl of Hillsborough relative to townships set off from New Hampshire.
Eighty two Laws passed in 1767, 1768 and 1769.
Minutes of Council in the State Department, commencing February 24th, 1768, and ending January 31st, 1769.
Ditto: in the Department of Lands, &c., commencing February 24th, 1768, and ending January 20th, 1769.
Journal of the proceedings of the Council in the session commencing October 27th, 1768, and ending January 2nd, 1769.
Thirty Acts passed, December 31st, 1768.
fo. 171.
Printed copies of said Acts.
New York.
List of ditto.
List of persons naturalized in the Supreme Court of the province of New York from April 20th, 1768, to January 18th, 1769.
Duplicate letter from Lieutenant Governor Colden, dated September 13th, 1769, on his taking upon him the administration of Government on the death of Sir Henry Moore, and appointing Mr. Banyar Register of the Prerogative Court.
Order of the King in Council, dated November 10th, 1769, referring to this Board the petition of the House of Assembly of New York by their agent, praying his Majesty to direct the Governor of that province to pass a Bill, lately passed by the Council and Assembly, for the emission of one hundred thousand pounds in bills of credit; and directing their lordships to consider the said petition, and the copy of an address of the Assembly, to the late Governor, and to report to the Lords of the Committee of Council for Plantation Affairs what they conceive adviseable to be done thereupon.
Copy of the said Bill.
fo. 172.
Extract of a letter from Lieutenant Governor Colden to the Earl of Hillsborough, dated New York, October 4th, 1769, relative to the paper Currency Bill.

In proceeding on the consideration of the paper currency Bill, a doubt arose, whether the 25th clause might not be construed to declare the said bills to be a legal tender within the meaning and intention of the Act of Parliament of the 4th year of his present Majesty relative to paper bills of credit in his Majesty's colonies in America; whereupon the Secretary was ordered to lay the said clause before his Majesty's Attorney and Solicitor General for their opinion upon that point, and whether his Majesty might, consistent with the said Act of Parliament, instruct his Governor to give his assent to the said Bill.

fo. 173.

Proprieties, Pennsylvania.

Read an order of the King in Council, dated September 15th, 1769, approving John Penn, Esquire, to be Deputy Governor of Pennsylvania for the term of three years, to commence from the 1st of December next, and of the three Counties of Newcastle, Kent and Sussex during his Majesty's pleasure only; and directing this Board to prepare and lay before his Majesty a draught of the usual instructions to the Proprietaries of that province.

The Secretary at the same time laid before the Board a declaration in the usual form, under the hands and seals of the Proprietaries, that his Majesty's approbation and allowance of John Penn to be their Deputy should not be construed in any manner to diminish or set aside the right claimed by the Crown to the three lower counties on Delaware.

Ordered, that a draught of instructions to the Proprietaries in the usual form, for their observance of the laws of trade, be prepared.

fo. 174.

Trade.

Read a petition of four principal Tanners in the borough of Southwark, whose names are thereunto subscribed, praying that their lordships would give directions for experiment to be made and report made to this Board of a secret method of tanning leather invented by Dr. McBride of Dublin.

The petitioners attending were called in, and they acquainted the Board, that Dr. McBride had, by letter to them, signified his consent, that experiment should be made of his secret under the directions of this Board; whereupon it was ordered, that, before any further steps were taken, the Secretary should write to Dr. McBride, in order to explain to him how far the Board's authority extends in this case, to the end that, if he should continue in the resolution of having experiment made in the way proposed, he might not be disappointed in any expectation, that this Board had authority to ensure to him a reward for the discovery.

fo. 175.

Proprieties, Connecticut.

Read a petition of John Mason, guardian to the Moheagan tribe of Indians, praying that the book of proceedings returned to this Board by the Rhode Island Commissioners may be delivered to him, Mr. Nuthall or Mr. Cracraft.

Ordered, that the petitioner, as also Mr. Nuthall or Mr. Cracraft, have liberty to search the books of this office for any proceedings touching the suit in question, and that they be allowed to take the same (or copies thereof) for the purpose mentioned in the petition, giving a receipt for and engaging to return any originals they take out of the office.

fo. 176.

Wednesday, November 22. Present:—Mr. Jenyns, Mr. Robinson, Mr. Fitzherbert, Lord Lisburne.

South Carolina.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, being present, the draught of a representation to his Majesty, recommending the confirmation of an Act passed in South Carolina in July, 1769, for establishing Courts of Justice and for other purposes, which draught had been prepared pursuant to order, was approved, transcribed and signed.

West Florida.

fo. 177.

The Secretary laid before the Board a memorial prepared by the agent for the affairs of West Florida, to be presented to the Lords Commissioners of his Majesty's Treasury, praying their lordships' directions in respect to the withholding a part of the salary due to the Lieutenant Governor of that colony, in order to answer certain sums for which the said Lieutenant Governor stands charged as a defaulter by a resolution of the Council of that colony, and, the said memorial having been read, their lordships approved of its being presented to the Lords of the Treasury, and the Secretary was ordered to certify such approbation.

New York.

Their lordships took into consideration and made some progress in the papers relative to the state of the colony of New York, mentioned in the last day's minutes, more particularly in regard to the Acts and proceedings in the last session of Assembly.

fo. 178.

Friday, November 24. Present:—Mr. Jenyns, Mr. Robinson, Mr. Fitzherbert, Lord Lisburne.

New York.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, being present, the Secretary reported a conference he had had with the Attorney General on the subject of the reference made to him and to the Solicitor General of the New York paper currency Bill, in which the Attorney General had stated some difficulties in respect to a part of the question put to them in that reference, and had desired to know, whether their lordships would be inclined to confine said reference to the first questions stated in the Secretary's letter.

fo. 179.

Upon consideration thereof, the Secretary was ordered to signify to the Attorney General, that their lordships waited for a report upon the whole of the reference.

The Secretary acquainted the Board, that he was desired by the parties interested in two private Acts passed in the colony of New York, the one in 1768, intituled an Act to prevent disputes and confusion in the township of Marble Town in the county of Ulster; the other in 1769, intituled an Act for settling the contested boundaries between the patented lands commonly called Cheescocks and Kakiate in the county of Orange; to move their lordships to report the said Acts to his Majesty, for his royal confirmation and allowance.

fo. 180.

Their lordships thereupon took the said Acts into consideration, together with the late Governor's observations thereupon, and the same appearing to have passed through all the usual forms prescribed in respect to private Acts, and having also clauses therein suspending their execution until his Majesty's pleasure could be known, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that the said Acts may be confirmed.

Their lordships then took into consideration several Acts passed in the last and preceding sessions of Assembly in New York, together with the late Governor's observations thereupon, the titles of which Laws are as follows, vizt.
An Act to declare the extension of several Acts of Parliament made since the establishment of a Legislature in this colony, and not declared in the said Acts to extend to the plantations.
An Act for preventing suits being brought in the Supreme Court of this colony for any sums not exceeding fifty pounds.
fo. 181.
An Act to prevent frauds by bills of sale which shall be made and executed after the first day of March in the year of our Lord one thousand, seven hundred and sixty nine in the counties therein mentioned.
An Act to explain and amend an Act entituled "an Act for regulating elections of representatives in general Assembly" made and passed the eighth of May, one thousand six hundred and ninety nine, in the eleventh year of king William the third.
An Act for regulating the sale of goods to be sold at public vendue, auction or outcry within this colony.
An Act to impower justices of the peace, mayors, recorders, and aldermen to try causes to the value of ten pounds and under, and for suspending an Act therein mentioned.

fo. 182.

The said Acts appearing to be of great importance and to require consideration in point of law, they were ordered to lye by, until his Majesty shall think fit to direct to which of his Counsel at law the business of this office, requiring such consideration, should be referred, and, in the mean time, the Secretary was ordered, to transmit to the secretary to the Treasury, for the information of that Board, the Act relative to the quitrents, and remind him of several former letters to that Board on the subject of the former Acts, which are by this Act to be continued to the year 1780.

Their lordships then proceeded to take into consideration the proceedings of the House of Representatives of New York, as stated in the Journals of that House in the last session of Assembly, and made some progress therein.