Journal, February 1773: Volume 80

Journal, February 1773

Thursday, February 4. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Newfoundland.

fo. 24.

Their Lordships took Mr. Cartwright's memorial into further consideration, and the Comptroller of the Navy attending, with Captain Shuldham, Governor of Newfoundland, and Captain Morris, who had been employed to visit and make report of the state of the Labrador coast, their Lordships had some discourse with them upon what is proposed by Mr. Cartwright, and also upon the proposition for re-annexing a part of the Labrador coast to the Government of Quebec.

Jamaica.

fo. 25.

Mr. Fuller. agent for Jamaica, attending, was heard in what he had to offer in support of his memorial respecting the Act for dividing the Parish of St. James, and, being withdrawn, it was ordered, that the draught of a report to the Lords of the Committee of Council should be prepared, recommending that, if His Majesty shall be pleased to disallow the said Act, on account of its having been passed contrary to the King's instructions, the Governor may be allowed to assent to another Act to the same effect, if the Assembly shall think fit to propose it.

New Hampshire.

The Board being informed that Mr. McDonough, private Secretary to the Governor of New Hampshire, attended without, and desired to be admitted, he was called in, and having delivered to the Board two packets from the Governor, he was ordered to withdraw.

The packets having been opened appeared to contain two letters from Governor Wentworth, vizt.:
Letter from Governor Wentworth to the Board, dated Portsmouth, New Hampshire, December 18th, 1772, inclosing his answer to the complaints exhibited against him by Mr. Livius.
Letter from Governor Wentworth to the Board, dated New Hampshire, December 18th, 1772, on the subject of a clause proposed to be inserted in future Commissions to Governors of the Plantations respecting the care and custody of idiots and lunaticks.

fo. 26.

Mr. McDonough being again called in and asked if he had anything further to offer on the part of Governor Wentworth respecting the matter of the complaint exhibited against him, he moved the Board that the Governor might be allowed to be heard by his Counsel in support of his defence, to which their Lordships consented, and he was desired to give notice so soon as his Counsel should be prepared.

Mr. Livius attending without was called in, and acquainted that Governor Wentworth had transmitted his answer to the complaints exhibited against him, and that their Lordships had, upon the motion of his Secretary, allowed of his being heard by Counsel in support of his defence.

fo. 27.

Mr. Livius thereupon moved their Lordships for a copy of Mr. Wentworth's answer to the complaint, and that he may be allowed to be heard by his Counsel in support of his complaint, which was agreed to, and it was ordered, that he should have a copy of the Governor's answer.

Monday, February 8. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Jolliffe, Mr. Gascoyne, Lord Greville, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Massachusetts.

fo. 28.

Their Lordships took into further consideration the reference of Mr. Bollan's memorial, mentioned in the minutes of the 29th of January, and Mr. Bollan attending, their Lordships heard what he had to offer in support of the allegations thereof; and the Secretary being called upon stated to their Lordships what he knew of Mr. Bollan's great merit and services in many cases respecting the affairs of the Colonies in general, and in particular in respect to the discovery of and means of preventing illicit trade; in the adjustment of the compensation given to the Colonies for the services performed in the late war; in the consideration of the right and pretensions of the Crown with respect to our possessions in America; and in various other matters concerning the security and defence of our own Colonies, and the efforts made to reduce the power of France in America.

It being late, Mr. Bollan was ordered to withdraw, and it was agreed to take his memorial into further consideration at another opportunity.

fo. 29.

Thursday, February 11. Present:—Mr. Jenyns, Mr. Jolliffe, Mr. Gascoyne, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Proprieties, Maryland.

fo. 30.

Their Lordships read and considered twenty nine Acts passed in the Province of Maryland in the year 1771, together with Mr. Jackson's report thereupon, and it appearing to their Lordships, that one of the said Acts, intituled "an Act for vesting in such foreign Protestants as are now naturalized or shall be hereafter naturalized in this Province, all the rights and privileges of natural born subjects," purported by construction to be a repeal of the 6th section of the Statute of the 13th of His late Majesty Cap. 7, and was therefore repugnant to the Laws of this Realm, their Lordships agreed to take the said Act into further consideration on Monday next, and that Mr. Jackson should be desired to attend.

Barbados.

The Secretary laid before the Board draughts of general instructions and of those relative to the observance of the laws of trade, prepared pursuant to order for the Governor of Barbados, and the said draughts having been agreed to, were ordered to be transcribed, and it was ordered, that the draught of a representation to His Majesty thereupon should be prepared.

Dominica, Grenada.

The Secretary laid before the Board draughts of additional instructions to the Governors of Dominica and Grenada respecting the future passing of grants and leases of lands in those Islands, prepared pursuant to order, and the said draughts were approved, and a representation to His Majesty thereupon was signed.

fo. 31.

Virginia.

The Secretary acquainted the Board, that he was requested by the parties interested in two private Acts passed in Virginia in April, 1772, "for docking the intail of the estates of James Blackwell, the younger, and William Todd, Gentlemen," to move their Lordships to lay the said Act before His Majesty for His Royal allowance; whereupon the said Acts, together with Mr. Jackson's report thereupon, were read and considered, and a representation to His Majesty, recommending the allowance of them, was signed.

Proprieties, Pennsylvania.

Read an Order of the King in Council, dated February 8th, 1773, referring to the Board, for their consideration and report, two Acts passed in the Province of Pennsylvania in October, 1771.

Ordered, that the said Acts be referred to Mr. Jackson for his opinion thereupon in point of law.

fo. 32.

Virginia.

Montserrat.

Tobago.

Representations to His Majesty, proposing that John Page, junior, Esquire, of Rosewell, may be appointed of the Council of Virginia; that Thomas Dorset, Esquire, may be appointed of the Council of Montserrat; and that David Mill, Esquire, may be appointed of the Council of Tobago, were signed.

Monday, February 15. Present:—Mr. Gascoyne, Lord Greville, Lord Robert Spencer, Mr. Jolliffe, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Proprieties, Maryland.

fo. 33.

Their Lordships took into further consideration " the naturalization Act " passed in Maryland in the year 1771, and Mr. Jackson attending, several precedents of proceedings in the reign of Queen Anne in cases of Acts passed in other Colonies under like circumstances, and which Acts were considered to be repugnant to the Laws of this Realm, were referred to, and the proceedings thereupon were read.

After mature consideration, it was agreed to lay the said Acts before His Majesty, with a special representation thereupon; but it appearing by a letter from Lord Dartmouth to Governor Eden, communicated by his Lordship, that he had been instructed to transmit full information of the ground upon which the said Act was passed, it was agreed to postpone laying the same before the King, until that return was made.

New York.

fo. 34.

The draught of a report to the Lords of the Committee of Council for Plantation affairs upon the petition of Henry Remsen and his associates, respecting a purchase made by them in the Province of New York, and praying a grant of part of the said lands, having been prepared pursuant to order, was approved, and ordered to be transcribed.

Jamaica.

The draught of a report to the Lords of the Committee of Council for Plantation affairs upon an Act passed in the Island of Jamaica in December, 1770, "for dividing the Parish of St. James," having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Thursday, February 18. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Newfoundland.

fo. 35.

Their Lordships took into further consideration Mr. Cartwright's memorial relative to the seal and salmon fisheries on the coast of Labrador, and praying to have a grant of a certain district of that coast, in order to the carrying on the said fisheries; and Mr. Pinson of Dartmouth and Mr. Noble of Bristol, in partnership with Mr. Pinson, attending, a memorial of those gentlemen respecting the said fisheries, and suggesting regulations with regard thereto, was presented and read; and their Lordships having fully examined into, and deliberated upon the nature and circumstances of the said fisheries, were of opinion:

That actual residence and continued possession were essentially necessary to the carrying on the seal and salmon fisheries on the coast of Labrador:

fo. 36.

That such of His Majesty's subjects of Great Britain and Ireland, who have taken, or shall hereafter take such actual possession in any of the Rivers and Bays on the coast of Labrador to the North of the Streights of Bellisle, and who have erected or shall hereafter erect houses and warehouses, and have made or shall make other establishments necessary to the carrying on the seal and salmon fisheries ought to be protected in such possession, provided such persons do for the future annually fit out from Great Britain one or more ship or ships to be employed in the cod fishery on the said coast of Labrador; and provided also that the greatest care be taken, that the proprietor or proprietors of such fishing posts do not claim or occupy a greater extent of the coast within the said Bays or Rivers than shall be absolutely necessary in proportion to the number of vessels or men employed at the said posts.

Ordered, that the draught of a representation to His Majesty be prepared conformable to the above resolutions.

fo. 37.

New York.

The draught of a report to the Lords of the Committee of Council on the petition of Henry Remsen and his associates, having been transcribed pursuant to order, was signed.

Monday, February 22. Present:—Mr. Jenyns, Mr. Jolliffe. Lord Greville, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Newfoundland.

Mr. Cartwright attending, as also Mr. Noble and Mr. Pinson, they were called in, and the resolutions of the Board on Friday respecting the fisheries on the coast of Labrador to the North of the Streights of Bellisle were read to them.

fo. 38.

New Hampshire.

The Secretary acquainted the Board, that he was desired by Mr. Livius, whose complaint against Governor Wentworth is now before the Board, to move their Lordships that he may have extracts of such parts of the minutes of Council and Assembly in New Hampshire as shall be necessary to the support of his complaint; as also a copy of a report of the Attorney and Solicitor General to this Board in 1752, relative to grants of land in New Hampshire, and it was ordered, that Mr. Livius be allowed to have the said extracts and copy.

fo. 39.

Tuesday, February 23. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Mr. Jolliffe, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Masschusetts.

Their Lordships took into further consideration the reference of Mr. Bollan's memorial, mentioned in the minutes of the 8th instant, and the several articles of the said memorial having been compared with the evidence adduced to verify the facts alleged therein, it was ordered, that the draught of a report to the Lords of the Committee of Council should be prepared.

New York.

fo. 40.

Their Lordships took into consideration thirteen Bills passed by the Council and Assembly of New York in March, 1772, to which Bills the Governor had thought fit to withhold his assent, until he should be further instructed thereupon; and the said Bills having been read, together with Mr. Jackson's report thereupon, it was ordered, that the draught of a letter to the Governor of New York should be prepared containing the Board's observations and directions upon the said Bill.

Barbados.

Their Lordships read and considered an Act passed in Barbados in June, 1772, for establishing associated Fire Companies, together with Mr. Jackson's report thereupon, and the said Act appearing to be objectionable in many of its provisions, it was ordered that it should lye by, and that the Governor should be instructed to endeavour to get another Law enacted, free from those objections.

fo. 41.

Thursday, February 25. Present:—Mr. Jenyns, Lord Greville, Mr. Gascoyne, Mr. Jolliffe, Lord Garlies.

The Earl of Dartmouth, one of His Majesty's principal Secretaries of State, attends.

Virginia.

Their Lordships read and considered sixty two Acts passed in the Colony of Virginia in April, 1772, together with Mr. Jackson's report thereupon.

Ordered, that the said Acts be taken into further consideration on Tuesday next, and that Mr. Stuart, contractor for the transportation of the convicts, have notice to attend on the subject of the Act to compell ships importing convicts, etc., to perform quarantine.

fo. 42.

Ordered, that the draught of a letter to the Governor of Virginia, containing the Board's observations upon several of the abovementioned Laws, be prepared.