Journal, April 1778: Volume 85

Journal, April 1778

fo. 105.

Tuesday, April 7th. Present:—Mr. Jenyns, Lord Robert Spencer, Mr. Jolliffe, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Nova Scotia.

Lieutenant Governor Hughes, being on his departure for Nova Scotia, attended the Board, and received from their Lordships sundry papers and instructions relative to his future proceedings on his arrival in his Government, agreable to certain resolutions and directions of the Board at former meetings.

Senegambia.

fo. 106.

Mr. Dowding, agent for the Merchants and Adventurers of London trading to Senegal, having requested a copy of the minutes taken at the two hearings of the 16th and 21st of January last upon the complaints against Lieutenant Governor McNamara, for the purpose of exhibiting them at the Council Office, was informed, that the Clerk of Reports should attend with the said minutes, that recourse might be had to them if occasion required.

The draught of a letter to John Clarke, esquire, Governor of the Province of Senegambia, transmitting copies of several memorials containing charges and accusations against him, together with other papers, having been prepared pursuant to the minutes of the 9th of December, the 6th and 27th of January, the 3rd, 10th and 24th of February, and 17th of March, last, was approved, transcribed and signed.

West Florida.

fo. 107.

The Secretary, having reported to the Board the answer of Mr. Robert Browne, acting agent for Mr. Nesham, on the subject of Mr. Durnford's memorial, mentioned in the last minute, vizt. that, from his affairs now depending in the Treasury, he was unable to pay the salary due to Mr. Durnford; Mr. Durnford, who attended, was informed that his future application must be to the Board of Treasury, for any relief that he may expect in the matter of which he complains.

Dominica.

Their Lordships made some progress in the consideration of the Act of Dominica for the regulating the manumission of slaves etc. mentioned in the last minutes; and the draught of a report thereupon, to the Lords of the Committee of Council, was ordered to be prepared.

Trade.

Read a petition of Thomas Clarke and James Berkenhout, stating, that since their former memorial, they have by much labor and expence greatly improved their secret of dyeing scarlet and crimson colors on cotton and velvet, together with their application to linnen and thread; and praying, that they may be again recommended to Treasury, before which Board their business has remained without attention for near ten months.

fo. 108.

Read the following orders of the Lords of the Privy Council, vizt.:—
Order of the Lords of the Privy Council, dated April 1st, 1778, referring to this Board, the petition of Messieurs Colvile. Blackburne and Company of London, merchants, praying leave to export certain military stores therein specified, to Gibraltar, for the use of the garrison, on board the ship Fleetwood.
Order of the Lords of the Privy Council, dated April 3rd, 1778, referring to this Board, the petition of Messieurs Eade, Wilton and Allen, praying leave to export to Guernsey, on board the ship New London Packet, sundry military stores therein specified, for the use of the ship Alarm, letter of marque.
fo. 109.
Order of the Lords of the Privy Council, dated April 6th, 1778, referring to this Board, the petition of Messieurs John and George Dyer, praying leave to export to the Mosquito Shore, on board the ship Jane, certain military stores therein mentioned, for the use of the inhabitants, and sale to the Indians.

Their Lordships, upon consideration of the three foregoing petitions, were of opinion, that the exportation therein prayed for should be allowed; and the draughts of three reports to the Lords of the Privy Council thereupon, having been prepared, were approved, transcribed and signed.

Leeward Islands.

Antigua.

Read a letter from William Mathew Burt, esquire, Governor of the Leeward Islands, to the Board, dated Antigua, January 6th, 1778, transmitting, with his observations thereon,
An Act passed in the Island of Antigua in November 1777 to lay a duty on Rum, etc.

Ordered that the above Act be sent to Mr. Jackson, for his opinion thereupon in point of law.

fo. 110.

Monday, April 13th. Present: —Mr. Jenyns, Lord Robert Spencer, Mr. Jolliffe, Mr. Greville, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Quebec.

The Secretary laid before the Board the draughts of general instructions, and of those for the observance of the laws of Trade and Navigation, prepared pursuant to order for Frederick Haldimand, esquire, appointed Governor of the Province of Quebec, and the said draughts having been approved, a representation to his Majesty thereupon was signed.

fo. 111.

Senegambia.

Their Lordships, having, in pursuance of former resolutions, taken into their consideration sixteen Ordinances, passed in the Province of Quebec in February, March and April, 1777, it was ordered, that a representation to his Majesty should be prepared, recommending the disallowance of one of the said Ordinances intituled an Ordinance concerning the distribution of the Estate and Effects of persons leaving the Province without paying their debts; and Governor Haldimand attending, being on the point of departure for his Government, he was called in and acquainted by the Board, that though the Ordinances beforementioned, except that which they had thought fit to recommend for disallowance, were in their general purport proper, and conformable to his Majesty's instructions, yet, as it appeared to them, that objections occur to certain parts of the same, they thought it necessary that Governor Haldimand should be acquainted with the said objections; which being done, and such parts of his Majesty's instructions read to him, as relate to the passing of Ordinances in the said Province, their Lordships recommended it to him to use his endeavours, that in the renewal of any of the said Ordinances, the objections beforementioned should be strictly guarded against; and also, that it should be his further care, to procure the passing of such other Ordinances as may be necessary towards fulfilling the directions contained in his Majesty's said instructions.

Their Lordships also further considered the "Plan for the establishment of a Chamber of Commerce for the City and District of Quebec," and it appearing to be a regulation both proper and advantageous, it was recommended to the care and consideration of the Governor.

Trade.

fo. 112.

Read the two following orders of the Lords of the Privy Council, vizt.:—
Order of the Lords of the Privy Council, dated April 10th, 1778, referring to this Board, the petition of Robert Mangles, praying leave to export to the Island of Guernsey, on board the ship New London Packet, certain military stores therein mentioned, for the use of letters of marque fitting out there.
Order of the Lords of the Privy Council, dated April 10, 1778, referring to this Board, the petition of Jacob Montgomery, praying leave to export to the Mosquito Shore, for trade, certain military stores therein mentioned, on board the ship Jane.

Their Lordships, upon consideration of the two petitions abovementioned, were of opinion, that the exportation prayed for should be allowed; and the draughts of two reports to the Lords of the Privy Council thereupon, having been prepared, were approved, transcribed and signed.

fo. 113.

Tuesday, April 14th. Present:—Mr. Jenyns, Mr. Greville, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Quebec.

The draught of a representation to his Majesty, recommending the disallowance of an Ordinance passed in the Province of Quebec in April 1777, concerning the distribution of the Estates and Effects of persons leaving the Province without paying their debts, having been prepared pursuant to order, was approved, transcribed and signed.

Dominica.

fo. 114.

Their Lordships made a further progress in the draught of a report to the Lords of the Committee of Council for Plantation Affairs, mentioned in the minutes of the 7th instant, on an Act of the Island of Dominica for regulating the manumission of slaves etc., and the said draught having been approved, it was ordered to be transcribed.

Newfoundland.

Read a memorial of the merchants and others trading from Dartmouth to Newfoundland, setting forth the distressed state of the trade and fishery, from the loss of a great number of fishermen and seamen already impressed into his Majesty's service, and the impossibility of procuring others to work on board the vessels fitting out, from the strictness of the officers employed in the impress service; and praying, that their Lordships will take the case into their consideration, and grant them such relief as to the Board shall seem meet.

Ordered, that the Secretary do write to the Secretary of the Admiralty and transmit to him, for the information of the Lords of the Admiralty, a copy of the memorial abovementioned.

Jamaica.

fo. 115.

The Secretary laid before the Board the draughts of general instructions, and of those for the observance of the laws of Trade and Navigation, prepared pursuant to order, for John Dalling, esquire, appointed Governor of the Island of Jamaica, and the said draughts having been approved, a representation to his Majesty thereupon was signed.

Tuesday, April 28th. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. Greville, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

East Florida.

fo. 116.

Lord George Germain by his Majesty's commands laid before the Board proceedings of his Majesty's Council for the Province of East Florida, respecting Mr. Chief Justice Drayton, together with the following papers, vizt.:—
Letter from Governor Tonyn to Lord George Germain, dated St. Augustine, 19th January, 1778.
Copy of an Address taken from the Carolina Gazette.
Copy of a letter from Lieutenant Colonel Brown to Governor Tonyn, dated December 12th, 1777.
Copy of a letter from Captain McLaurin to Lieutenant Colonel Brown, dated St. Augustine, December 9th, 1777.
Copy of a letter from Mr. James Penman to Captain Mowbray, dated Jericho, 20th May, 1777; and extract of a letter from Captain Mowbray to Governor Tonyn, dated 20th May, 1777.
Copy of a letter from Governor Tonyn to Lord George Germain, dated St. Augustine, March 9th, 1777.
fo. 117.
Copy of the Deposition of William Godfrey, esquire, dated December 20th, 1777.
Copy of a letter from the protesting Grand Jurors to Governor Tonyn, dated St. Augustine, December 24th, 1777.
Copy of a protest of the Grand Jurors at St. Augustine, December the 17th, 18th and 19th, 1777.
Address of the inhabitants of the Province of East Florida, and the refugees from the neighbouring Provinces, to Governor Tonyn.
Governor Tonyn's answer to the above Address.

And his Lordship acquainted the Board, that it was his Majesty's pleasure, that they do take the same into consideration, and represent to his Majesty, after mature examination, what it may be adviseable for his Majesty to do thereupon.

fo. 118.

East Florida.

The Secretary laid before the Board a memorial of William Drayton.esquire Chief Justice of the Province of East Florida, dated December 30th, 1777, setting forth his having been suspended from his office by Governor Tonyn: that the situation of his private affairs render him incapable of proceeding immediately to England, in order to justify himself against the several charges on which he has been suspended: and praying therefore, that he may be admitted to make his defence before the Board, by Counsel.

Their Lordships. having considered the papers beforementioned. resolved that they will hear the charges against Mr. Drayton. and also Counsel on his behalf, on Tuesday, the 12th of May next, at twelve o'clock.

Ordered, that notice be given to all parties interested in the intended hearing respecting Mr. Drayton, to attend on Tuesday. the 12th of May at twelve o'clock.

Senegambia.

fo. 119.

Read a memorial of John Peter Demarin. setting forth the injuries which he has sustained from the seizure of his effects etc. in the Province of Senegambia. by the Collector of the Customs there, under the direction of Lieutenant Governor McNamara: and the hardships which he has suffered by his voyage to that Province. in expectation of having his appointment to the Office of Superintendant of Trade, confirmed to him upon his arrival there: and praying, that their Lordships will consider the peculiar circumstances of his case, and afford him such relief therein as they may think proper.

Plantations General.

Lord George Germain laid before the Board a letter to his Lordship from Robert Hodgson. esquire, dated April 28th, 1778. desiring to be heard before the Board. in vindication of his conduct as Superintendant of the Mosquito Shore.

fo. 120.

Their Lordships, upon consideration of the letter abovementioned, were of opinion, that the resolution of the Board upon the subject of Mr. Hodgson's conduct, mentioned in the minutes of the 6th of January last, is a full and competent answer to the request contained in the said letter: and the Secretary was desired to inform Mr. Hodgson of the same.

Leeward Islands.

Read a letter from William Mathew Burt, esquire. Governor of the Leeward Islands. to the Board, dated Antigua. January 29, 1778, recommending that Messieurs Nibbs Martin and Turnbull may be restored to their former seats at the Council Board of the Virgin Islands: informing the Board of his having appointed the Honorable Mr. White Deputy Lieutenant Governor of the Island of Montserrat: and transmitting the following publick papers, vizt.:—
Virgin Islands.
Journal of Assembly of the Virgin Islands, from the 12th of April. 1776, to the 6th of November, 1777.
St. Christopher's.
Two Acts passed in the Island of St. Christopher in December, 1777.

Trade.

fo. 121.

Read an order of the Lords of the Privy Council, dated April 22nd. 1778, referring to this Board the petition of Messieurs Le Cras and Le Messurier, praying leave to export to Guernsey, on board the ship New London Packet, sundry military stores, for the use of three letters of marque.

Their Lordships, upon consideration of the above petition, were of opinion, that the exportation prayed for should be allowed; and the draught of a report to the Lords of the Privy Council thereupon, having been prepared, was approved, transcribed and signed.

The Secretary laid before the Board the following publick papers, vizt.:—
Jamaica.
Minutes of Council for the Island of Jamaica from February 24th, to December 22nd, 1777.
Journal of Council in Assembly from the 21st of October to the 22nd December, 1777.
Journal of Assembly from October 21st to December 22nd, 1777.
Thirty one Acts passed in the Island of Jamaica in December, 1777.

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

fo. 122.

Tuesday, May 5th. Present:—Mr. Jenyns, Mr. Gascoyne, Mr. Greville, Mr. de Grey.

Lord George Germain, one of his Majesty's principal Secretaries of State, attends.

Grenada.

Read a letter from Mr. Knox to Mr. Cumberland, dated May 5th, 1778, transmitting, by direction of Lord George Germain,
Extract of a letter to his Lordship from Lord Macartney, Governor of the Island of Grenada, dated December 7th, 1777, recommending that Mr. Martin, Mr. Taylor and Mr. Staunton, three of the Council, who were suspended by Lieutenant Governor Young, may be restored to their seats at that Board; and annexing a list of the present state of the Council for that Island, which Lord Macartney observes will be compleat, by the three members beforementioned being restored.

fo. 123.

Their Lordships, upon consideration of the foregoing extract, were of opinion, that it would be adviseable to comply with the request of Lord Macartney; and the draught of a representation to his Majesty, recommending that Thomas Martin, James Taylor and George Leonard Staunton, esquires, may be restored to their seats as Members of the Council for the said Island, having been prepared, was approved, transcribed and signed.

Leeward Islands.

Read a letter from William Mathew Burt, esquire, Governor of the Leeward Islands, to the Board, dated January 14th, 1778, offering to the consideration of their Lordships several plans and proposals respecting the power of the Crown, and for strengthening the hands of Government.

Leeward Islands.

The Secretary laid before the Board the following paper, vizt.:—
fo. 124.
Deposition of Richard Molineaux. esquire. Clerk to the Assembly of the Virgin Islands, dated July 8th. 1777, relative to the conduct of James Dawson, esquire, one of the Council appointed for the Virgin Islands by instructions to Governor Burt, and by him suspended.

Whereupon their Lordships took into their further consideration the suspension of the said Mr. Dawson, mentioned in the minutes of the 25th of November last; and having read the deposition abovementioned, and so much of the minutes of Council for the Virgin Islands as relate to that matter, they were of opinion. that Governor Burt is fully justified, in the said suspension: and the draught of a representation to his Majesty, recommending that James Dawson, esquire, may be removed from his Majesty['s] said Council. having been prepared, was approved, transcribed and signed.

Antigua.

fo. 125.

Their Lordships also considered the request of Governor Burt in his letter of the 1st of November, 1777, for directions how to act, in a particular circumstance respecting Mr. Brookes, formerly one of the Council for the Island of Antigua; and it was ordered, that it should be recommended to Governor Burt, to lett that matter rest for the present, without any alteration.

Their Lordships read and considered an Act passed in the Island of Antigua in November 1777, intituled An Act laying duty on rum, cordial waters and other strong waters sold by retail, and applying the same, together with Mr. Jackson's report thereupon.

Jamaica.

fo. 126.

Mr. Fuller, agent for the Island of Jamaica, and Mr. Lee, Solicitor on behalf of the Duke and Duchess of Chandos, attending, were called in and heard by the Board what they had to offer, for and against a hearing on an Act of that Island respecting Hope Plantation Water. mentioned in the several minutes of the Board of the 3rd and 10th of February, and the 17th and 24th of March last; and Mr. Fuller, having delivered a letter to the Board, setting forth the steps he had taken relative to the said Act, after some conversation it was resolved, that the Board will hear Counsel for both parties on the said Act on Tuesday, the 2nd of June next, at 12 o'clock; and Mr. Fuller and Mr. Lee were severally acquainted therewith.

Senegambia.

Their Lordships read and considered two Ordinances passed by the Lieutenant Governor and Council of the Province of Senegambia in November and December, 1776, together with Mr. Jackson's report thereupon, vizt.:—
"An Act intitled An Act for redressing of such inhabitants of the Island of St. Lewis as were dispossessed of their grounds, habitations and settlements by Charles O'Hara, esquire, when his Majesty's Governor of this his Majesty's Province of Senegambia."
"An Act intitled An Act to amend an Act intitled An Act for redressing such of the inhabitants of the Island of St. Lewis as were dispossessed of their grounds, habitations and settlements by Charles O'Hara, esquire, when his Majesty's Governor of this his Majesty's Province of Senegambia."

fo. 127.

Ordered, that Mr. Drew, agent to Lieutenant Governor McNamara, be informed, that the Board, having under consideration the two Acts beforementioned, wish to know if he has anything to offer relative thereto; and that he be desired to signify to the Board, whether Lieutenant Governor McNamara intends taking any further steps in pursuance of his memorial against Mr. Morse, of whose answer he has been furnished with a copy.

Dominica.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs on an Act passed in the Island of Dominica in September 1774 for regulating the manumission of slaves, having been transcribed pursuant to order, was approved and signed.

East Florida.

The Secretary acquainted the Board, that he had signified their Lordships' appointment of Tuesday next for the hearing of Mr. Drayton's suspension, to Lord Marchmont on the part of Governor Tonyn, and to Mr. Macdonald on the part of Mr. Drayton; and that he was informed Mr. Mansfield is retained as Counsel for Governor Tonyn.