Journal, March 1773: Volume 80

Journal, March 1773

Monday, March 1. 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.

Massachusetts.

The draught of a report to the Lords of the Committee of Council upon Mr. Bollan's memorial having been prepared pursuant to order, was agreed to, transcribed and signed.

Newfoundland.

fo. 43.

The draught of a representation to His Majesty, respecting the seal and salmon fisheries upon the coast of Labrador to the North of the Streights of Bellisle, having been prepared pursuant to order, was agreed to and ordered to be transcribed; as was also the draught of a report to the Lords of the Committee of Council upon the state of the fishing posts on that part of the coast of Labrador which lies within the Gulf of St. Lawrence, and upon the proposition of re-annexing a part of it to the Government of Quebec.

New Hampshire.

Read two letters to the Secretary from Mr. Thomas Macdonough, agent for the Governor of New Hampshire in the complaint exhibited against him by Mr. Livius, inclosing to him, and desiring that he would lay before the Board, minutes of the Council of New Hampshire from the 30th day of July, 1767, to the 4th of December, 1772; also depositions in behalf of Governor Wentworth respecting the complaints exhibited against him.

fo. 44.

The Earl of Dartmouth communicated to the Board extract of a letter to him from Governor Wentworth, inclosing a paper on the subject matter of the complaint exhibited against him by Mr. Livius.

Ordered, that Mr. Livius have copies or extracts of such parts of the abovementioned papers as he shall judge necessary for supporting the allegations of his memorial of complaint.

Africa.

The Secretary acquainted the Board, that he was desired by the Committee of the Company of Merchants trading to Africa to request their Lordships' permission that they might attend them upon the subject of a proposition, intended to be made to Parliament, which they apprehended would subvert the present establishment for regulating the African trade.

fo. 45.

Ordered, that the Committee have notice to attend the Board tomorrow morning at 11 o'clock.

Tuesday, March 2. 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.

fo. 46.

Their lordships took into further consideration the body of Laws passed in Virginia, mentioned in the minutes of Thursday last, and the contractor for the transportation of convicts attending, he stated to their Lordships his opinion, that if the Act of Assembly of Virginia lately passed was to be put in execution, it must operate as an intire prohibition of the admission of convicts into that Colony.

The contractor being withdrawn, their Lordships proceeded to consider several other of the said body of Laws which appeared liable to objection, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing the disallowance of three of the said Laws, vizt.:
An Act to amend an Act intituled an Act to prevent malicious maiming and wounding.
An Act for continuing and amending several Acts and reviving one Act for laying duties upon slaves imported.
An Act to compel ships importing convicts, servants or slaves infected with the Goal Fever or small pox to perform quarantine.

fo. 47.

Virginia.

The draught of a letter to the Governor of Virginia, containing the Board's observations and directions upon several of the said Laws, having been prepared, was agreed to, transcribed and signed.

Newfoundland.

The draught of a representation to the King touching the seal and salmon fisheries on the coast of Labrador to the North of the Streights of Bellisle, having been transcribed, was signed, and the Earl of Dartmouth was requested to lay it before His Majesty.

The draught of a report to the Lords of the Committee of Council upon the proposition for re-annexing a part of the Labrador coast to the Government of Quebec, having been also transcribed, was signed.

fo. 48.

Africa.

The Committee of the Company of Merchants trading to Africa attending, were called in, and stated to their Lordships the intelligence they had received of an intention to make some proposition in Parliament respecting the African trade, which they conceived was intended to subvert the present establishment.

Their Lordships approved their giving notice to this Board of such intended proposition, and assured them, that they would not fail to give attention to any proposition that should be made in Parliament respecting the African trade.

fo. 49.

Monday, March 8. 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.

Pennsylvania.

Their Lordships read and considered thirty Laws passed in the Province of Pennsylvania in March, 1772, together with Mr. Jackson's report upon the said Laws, and it was ordered, that the draught of a report to the Lords of the Committee of Council thereupon should be prepared, pursuant to their Lordships' Order of the 15th of January last.

Virginia.

fo. 50.

Their Lordships read and considered four Laws passed in the Colony of Virginia in June, 1770, with clauses suspending their execution untill His Majesty's pleasure was known, the titles of which Laws are as follows, vizt.:
An Act to repeal an Act made in the 22nd year of His late Majesty's reign, intitled an Act concerning strays; and to establish a more effectual method to prevent frauds committed by persons taking up strays.
An Act to amend an Act intitled an Act to amend the Act for the better Government of servants and slaves.
An Act to prevent the exorbitant exactions of the Collectors of the Country and Parish Levies.
An Act for regulating the election of Burgesses, declaring their privileges and fixing the rights of electors.

fo. 51.

Ordered, that the draught of a representation to His Majesty be prepared, proposing that the three first-mentioned Laws be confirmed; and their Lordships agreeing in opinion that the last-mentioned Act should lye by, untill they could receive from the Governor an explanation of some parts of it that appeared doubtfull, it was ordered, that the draught of a letter to the Earl of Dunmore thereupon should be prepared.

Bermuda.

Their Lordships read and considered an Act passed in the Island of Bermuda in March, 1770, for repealing an Act laying a further duty or import on all Rum and Wine imported, etc., and the said Act appearing to contain a clause, suspending its execution untill the King's pleasure could be known, it was ordered, that the draught of a representation to His Majesty, proposing that it should be confirmed, be prepared.

North Carolina.

Their Lordships read and considered twenty three Acts passed in the Province of North Carolina in December, 1771, together with Mr. Jackson's report thereupon.

fo. 52.

Ordered, that the draught of a representation to His Majesty be prepared, proposing that one of the said Laws may be disallowed, vizt.:
An Act to amend an Act intitled an Act for founding, establishing and endowing of Queen's College in the town of Charlotte in Mecklenburg County.

Leeward Islands, Montserrat.

Their Lordships read and considered six Acts passed in the Island of Montserrat in the years 1770 and 1771, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing that one of the said Acts, passed with a clause suspending its execution until His Majesty's pleasure might be known, should be confirmed, vizt.:
An Act for constituting a Court of Chancery to be held in and for this Island.

fo. 53.

Thursday, March 11. Present:—Mr. Jenyns, Lord Greville, Lord Garlies.

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

North Carolina.

Virginia.

Their Lordships took into further consideration one of the Laws of North Carolina, mentioned in the minutes of the 8th instant, intituled an Act to indemnify such persons as have acted in the defence of Government, and a letter to the Governor thereupon, containing the Board's observations on several parts thereof, was agreed to and signed; as was also a letter to the Earl of Dunmore on the subject of the election Law passed in Virginia in June, 1770.

fo. 54.

North Carolina.

Their Lordships approved and signed two representations to His Majesty on several Acts passed in Virginia in June, 1770, and April, 1772, and also a representation to His Majesty upon an Act passed in North Carolina in December, 1771.

Nova Scotia.

Their Lordships read and considered nine Acts passed in the Province of Nova Scotia in June and July, 1772, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing the confirmation of one of the said Acts intituled,
An Act to repeal two Acts made in the tenth and eleventh years of His present Majesty's reign, to enable the several Counties in this Province to raise money for payment of their Representatives.

St. Vincent's.

fo. 55.

Their Lordships read and considered five Acts passed in the Island of St. Vincent in June and October, 1769, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing that one of the said Laws may be disallowed, vizt.:
An Act for the ease and relief of John Earls and Robert Hunter, insolvent debtors.

Leeward Islands, Antigua.

Their Lordships read and considered nine Acts passed in Antigua in the years 1770 and 1771, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing the disallowance of one of the said Acts, vizt.:
An Act for determining differences by arbitration.

Nevis.

fo. 56.

Their Lordships read and considered an Act passed in the Island of Nevis in June, 1771, for granting an aid to His Majesty, together with Mr. Jackson's report thereupon.

New Hampshire.

Mr. Joshua Sharpe, Solicitor for the Governor of New Hampshire in the case of the complaint exhibited against him by Mr. Livius, attended, and signified to their Lordships, that he was ready to be heard by his Counsel on any day their Lordships should be pleased to appoint.

Mr. Sharpe was desired to attend again on Monday, and it was ordered, that Mr. Livius should have notice to attend at the same time, in order to the fixing a day by consent of parties to hear the said matter of complaint.

fo. 57.

Monday, March 15. 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.

New Hampshire.

Mr. Sharpe, Solicitor for Governor Wentworth, attending as desired, with Mr. Livius, their Lordships appointed Thursday, the 25th instant, for hearing by Counsel what each party had to offer on the subject matter of the complaint exhibited by Mr. Livius against Governor Wentworth, and it was agreed that the Counsel should be called in at ten o'clock.

Pennsylvania.

fo. 58.

Bermuda.

Their Lordships read and approved the draught of a report to the Lords of the Committee of Council upon the Laws of Pennsylvania, mentioned in the minutes of the 8th instant; (fn. 1) as also the draught of a representation to His Majesty upon an Act of the Island of Bermuda, mentioned in the minutes of the said day, and it was ordered, that the said draughts should be transcribed.

Nova Scotia, St. Vincent's.

Montserrat, Antigua, Jamaica.

Their Lordships approved and signed several representations to His Majesty upon Laws passed in the Province of Nova Scotia, and in the islands of St. Vincent, Montserrat and Antigua.

The Earl of Dartmouth acquainted the Board, that His Majesty had been pleased to approve of Sir Basil Keith, knight, to be appointed Governor of the Island of Jamaica, in the room of Sir William Trelawny, Baronet, deceased, and signified to their Lordships His Majesty's pleasure, that they do prepare and lay before His Majesty in Council, the draught of a Commission for the said Governor, as also of such instructions as may be necessary for his direction in the administration of that Government.

fo. 59.

Ordered, that the draught of a Commission, and also draughts of general instructions and of those relative to the observance of the laws of trade be prepared accordingly.

Thursday, March 18. 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.

New Hampshire.

The Secretary laid before the Board a paper delivered to him by Mr. Livius containing his reply to Governor Wentworth's answer to the complaint exhibited against him.

Ordered, that a copy of the said paper be made and delivered to Governor Wentworth's agent.

fo. 60.

Barbados.

Pennsylvania, Bermuda.

Their Lordships read and approved draughts of general instructions and of those respecting the execution of the Laws for regulating the Plantation trade prepared for the Governor of Barbados, and a representation to His Majesty thereupon was signed; as were also a report to the Lords of the Committee of Council upon several Pennsylvania Laws, and a representation to His Majesty upon a Law of the General Assembly of the Bermuda Islands.

Jamaica.

Read an Order of the King in Council, dated March 5th, 1773, directing the draught of an additional instruction to the Governor of Jamaica to be prepared by this Board, and laid before His Majesty, impowering him to give his assent to an Act for dividing the Parish of St. James, corresponding to an Act disallowed by His Majesty.

fo. 61.

The draught of an additional instruction, conformable to the said Order, was read and approved, and a representation to His Majesty thereupon was signed.

New Hampshire.

Their Lordships read and considered twenty one Acts passed in the Province of New Hampshire in January and April, 1771, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to His Majesty should be prepared, proposing the disallowance of one of the said Laws, vizt.:
An Act to dissolve the marriage of Greenwood Carpenter of Swanzey in this Province, with Sarah Leathers, formerly of Charles Town in the County of Middlesex in the Province of the Massachusets Bay.

New Jersey.

fo. 62.

Their Lordships read and considered twenty five Laws passed in the Province of New Jersey in December, 1771, together with Mr. Jackson's report thereupon, and it was ordered, that two of the said Laws, the titles of which are as follow, be referred back to Mr. Jackson for his re-consideration thereof, vizt.:
An Act for the relief of Thomas Tindal and James Clark, the younger, and for other purposes therein mentioned.
An Act for the relief of John Budd of Salem.

Massachusetts.

Their Lordships read and considered fourteen Acts passed in the Province of Massachusets Bay in April, 1772, together with Mr. Jackson's report thereupon, and it was ordered, that the said Acts should be taken into further consideration on Tuesday next.

fo. 63.

Tuesday, March 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.

Massachusetts.

Read a report of Mr. Jackson, dated March 18th, 1773, on the question stated to him in Mr. Pownall's letter of the 5th of November last, whether in all Acts of Government he may lawfully acquiesce in the determination of the majority of the General Assembly or Council present, although he should differ in opinion from that majority.

Upon consideration of the said report and of the Order of the Lords of the Committee of Council referring Governor Hutchinson's letter, it was ordered, that the draught of a report to their Lordships thereupon should be prepared.

fo. 64.

Their Lordships took into further consideration the Laws passed in the Province of Massachusets Bay in April, 1772, and some doubts having occurred with respect to the Acts "for incorporating the Overseers of the Poor of the Town of Boston" and "for incorporating the Marine Society at Salem," it was ordered, that they should be referred to Mr. Jackson for re-consideration, and that he should be desired to report his opinion, whether, by the principles and provisions of the Charter of the Province of Massachusets Bay, the power of incorporation is or is not vested in the General Court.

"The Act for changing the Christian name of William Clark Tyler" appearing to be of a new and extraordinary nature, it was ordered, that the draught of a letter to Governor Hutchinson should be prepared, desiring that he would acquaint the Board with the ground on which the said Act was applied for.

fo. 65.

New York.

Read an Order of the King in Council, dated March 5th, 1773, referring to this Board, for their consideration and report, a petition of Major General John Bradstreet to His Majesty, praying the confirmation of a grant of land to him and his associates from the tribe of Aughyuagey Indians, to be holden under the like reservation of quitrent, etc., as in the case of lands purchased by, and confirmed to Sir William Johnson.

West Florida.

Read an Order of the Lords of the Committee of Council for Plantation affairs, dated March 2nd, 1773, referring to this Board, for their consideration and report, the memorial of Francis Drake, Esquire, Major of the late 79th Regiment, praying for a grant of ten thousand acres of land in West Florida.

fo. 66.

Leeward Islands, St. Christopher's.

Their Lordships read and considered seven Acts passed in the Island of St. Christopher in November, 1769, and May and July, 1771, together with Mr. Jackson's report thereupon.

Thursday, March 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.

New Hampshire.

fo. 67.

This day being appointed for hearing the merits of the complaint exhibited by Mr. Livius against the Governor of New Hampshire and of the Governor's answer thereto, and Mr. Livius attending, with Mr. Ambler, his Counsel, and Mr. Joshua Sharpe, Solicitor for Governor Wentworth, attending also, with Mr. Skinner and Mr. Hotham, his Counsel, the Counsel were called in, and Mr. Ambler having opened the matter of complaint and stated the several parts of which it consists, and read several parts of the minutes of Council and Depositions transmitted by the Governor and other papers, as evidence to support the same, Mr. Skinner and Mr. Hotham were heard in what they had to offer in defence of the Governor, and several papers referred to by them were read, after which Mr. Ambler was heard in reply, and then the Counsel withdrew.

fo. 68.

Monday, March 29. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Gascoyne, Mr. Jolliffe, Lord Garlies.

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

New Hampshire.

Mr. Pownall, Under Secretary of State, communicated to the Board an attested copy of the minutes of the Council of New Hampshire on Wednesday, the 14th of October, 1767, transmitted to the Earl of Shelburne by Governor Wentworth in March, 1768, which minutes, being compared with the minutes of the same day and upon the same occasion inserted in the Journals lately transmitted by the said Governor, and laid before the Board by Mr. McDonogh, his Secretary, the said minutes were found to differ very greatly from those of the same day transmitted to the Secretary of State.

fo. 69.

Mr. Livius, one of the said Council, and also Mr. McDonogh, being in attendance without, were called in and examined touching such difference, but they could give no account thereof, or suggest any reason for such difference.

Read a letter from Mr. McDonogh, Secretary to Governor Wentworth, stating that he had some new matter to lay before the Board on the subject of Mr. Livius's complaint against the said Governor, and desiring to be admitted to state the same on Thursday next.

Mr. McDonogh attending was called in, and being questioned as to the nature of the new matter he had further to lay before Board, he said, that he had no new matter of fact or new evidence to offer, but only wished to explain some parts of the facts and evidence already before their Lordships, which he conceived had not been fully explained by his Counsel.

fo. 70.

fo. 71.

Mr. McDonogh was thereupon ordered to withdraw, and their Lordships thinking it just and proper that Mr. Livius, who attended without, should be apprized of Mr. McDonogh's motion, they were called in together, and what Mr. McDonogh proposed having been stated to Mr. Livius, he said he had no objection thereto, hoping he might be heard in reply, if he should find it necessary; but Mr. McDonogh having, upon being further questioned, explained to the Board, that he only moved this matter from an apprehension that their Lordships would, in the consideration of Governor Wentworth's defence, confine their attention only to such parts of the written evidence before them as had been appealed to and read by the Counsel, he was assured, that the whole and every part of the written evidence laid before them would have its due weight and consideration in any resolution the Board should come to respecting the matter in judgement before them, and Mr. McDonogh then expressed himself well content to leave the matter upon the ground of argument and evidence on which it now stood.

Barbados.

Their Lordships read and considered an Act passed in the Island of Barbados in November, 1772, intituled "an Act for clearing, depthning, maintaining and improving the Mole Head lying near the Town of St. Michael, etc.," together with Mr. Jackson's report stating several objections to the said Act.

fo. 72.

Mr. Hay, Governor of Barbados, attending was called in, and, upon consideration of Mr. Jackson's objections, as well to this Act as to the Act "for establishing associated fire Companies," mentioned in the minutes of the 23rd of February last, it was recommended to the Governor, that he should, upon his arrival at Barbados, propose to the Council and Assembly to pass other Laws for the same purposes, free from the objections stated by Mr. Jackson, in which case the said Laws might be enacted to take effect immediately.

The Governor acquainted the Board, that he should not fail to propose what they recommended, and an Order having been made that he should be furnished with copies of Mr. Jackson's reports and of the minutes of their Lordships' proceedings thereupon, he withdrew.