Journals of the Board of Trade and Plantations: Volume 14, January 1776 - May 1782. Originally published by His Majesty's Stationery Office, London, 1938.
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Journal, December 1780
Friday, December 1st. Present:—The Earl of Carlisle, Mr. Eden, Mr. Stuart, Mr. Gibbon.
Mr. Cumberland having, by a letter to Mr. Roberts, one of the clerks of the office, signified his desire that Lord Carlisle should fix what profits should arise from his department to Mr. Elliott, who has officiated as Secretary, by order of the Board, since Mr. Cumberland's absence in April last; his Lordship was pleased to communicate the same to the Board, with some remarks on Mr. Cumberland's candid and disinterested conduct, and desired their sentiments upon it. Their lordships were of opinion, that Mr. Elliott, having been much employed by the Board as acting Secretary, in business of public importance, and having in that situation shewn great industry and ability, ought to receive one half of the salary, fees and perquisites of the Secretary during the absence of Mr. Cumberland, which his Lordship assenting to, it is recommended to Mr. Cumberland accordingly. This minute was thereupon dictated by the Board, and ordered to be entered.
Wednesday, December 13th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Langlois.
A new Commission under the Great Seal of Great Britain, bearing date the 12th instant, appointing Thomas Lord Grantham, Robert Spencer, commonly called Lord Robert Spencer, William Eden, the Honorable Thomas de Grey, Andrew Stuart, Edward Gibbon, Hans Sloane and Benjamen Langlois, esquires, to be his Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving his Majesty's Colonies in America and elsewhere, was read, and Lord Grantham took his seat at the Board.
Quebec, Nova Scotia, Georgia, East Florida, West Florida, St. John's, Bahamas, Jamaica, Leeward Islands, Tobago, Barbados.
Ordered, that the draughts of Circular Letters to the several Governors of his Majesty's Colonies in America be prepared, acquainting them with the appointments under the Commission beforementioned, and desiring that they will punctually comply with his Majesty's instructions to them, by communicating and transmitting to this Board, such matters as are therein particularly mentioned; and the said draughts, having been prepared accordingly, were approved, transcribed and signed.
Trade, East Indies.
Read an Order of the Lords of the Committee of the Privy Council, dated November 11th, 1780, together with an account annexed, "of sundry goods of the growth, product or manufacture of the kingdom of Great Britain; as also of other goods and merchandize exported from the port of London, for account of the United Company of Merchants of England, trading to the East Indies, between the 29th of September, 1779, and the 29th of September, 1780", and directing this Board to examine and compare the said account with the returns of other years, and make report thereof to the Committee.
Read a letter from Mr. Robinson to Mr. Elliott, dated October
20th, 1780, transmitting, by directions of the Lords of the
An account of all goods imported into and exported from Scotland in the year ending the 5th of January, 1780.
Read three letters from Mr. Rutherford to Mr. Elliott, dated
November 6th, 18th and 23rd, 1780, transmitting, by direction
of the Committee of the Company of Merchants trading to Africa,
to be laid before the Lords of Trade.
Copies of four letters from Governor Roberts to the Committee, dated Cape Coast Castle, July 11th, 16th, 20th and 23rd, 1780.
Copies of letters from the Governor and Council at Cape Coast Castle, dated May 29th and July 17th, 1780.
Copy of a letter from Governor Miles to the Committee, dated 22nd of January, 1780.
Copy of instructions to the several Chiefs.
Copies of Acts of Council from the 25th of March to the 18th July, 1780.
Copy of a minute of Council, dated Cape Coast Castle, 15th of July, 1779.
Copy of a petition and remonstrance of the servants of the Committee to the Governor and Council, June 20th, 1780.
Copy of a letter from Mr. Stubbs to the Committee, dated July 11th, 1780.
Read a memorial of Matthias McNamara, esquire, to the Board, stating, that at the time of his removal from his employment of Superintendent of Trade in the Province of Senegambia, there was due to him by the Civil Agent, an arrear of one year's salary, and a further considerable arrear as Commander in Chief of the said Province; and praying, that the agent, who refuses to come to account with the memorialist, may be directed by the Board to settle with him, and to pay him such balance as may appear due to him.
Ordered, that Mr. Elliott do write to Mr. Bullock, desiring that he will inform the Board, how the account stands between him as agent for Senegambia, and the memorialist.
Read a letter from Peter Chester, esquire, Governor of West Florida, to the Board, dated May the 27th, 1780, acknowledging the receipt of the Board's letter of the 19th of August, 1779, and acquainting their lordships, that as soon as the confused [state] of the Colony will admit, he will make a full and compleat answer to the charges contained in the papers transmitted to him with the said letter.
Read a memorial of John Hill Winbolt, attorney for Philips Calbeck, esquire, late President of the Council, and Commander in Chief of the Island of St. John's, to the Board, stating, that in a former memorial upon the subject of the said Mr. Calbeck's claim of salary during the time he commanded in chief, some inaccuracies had got into the said memorial, which in the present memorial are rectified, and praying that directions may be given the agent for the Island of St. John's, to pay the memorialist for the said Mr. Calbeck, the sum of £1747 9s. 5d., being the share of salary due to him, for the time he commanded at St. John's.
Mr. Patterson attending on behalf of his brother Governor Patterson, he was called in; and being informed of the memorial beforementioned, he was asked if he wished to be heard by counsel against the said memorial; upon which he informed their lordships it would be agreable to him to attend the Board with counsel, whenever their lordships should please to appoint; whereupon their lordships, with the consent of Mr. Patterson, appointed Tuesday, the 29th of January next, at eleven o'clock for the said hearing.
Ordered, that Mr. Winbolt, attorney for Mr. Calbeck, be informed of the day appointed for hearing Mr. Patterson by counsel; and that he, together with Mr. Smith, agent for the Island of St. John's, be desired to attend at the said hearing, and if agreable to Mr. Winbolt, that he may provide counsel on behalf of Mr. Calbeck.
Ordered, that Mr. Elliott do write to Mr. Knox, desiring that he will move Lord George Germain for copies of such parts of the Earl of Dartmouth's letters as relate to the leave of absence given to Governor Patterson.
Read a letter from John Maxwell, esquire, Governor of the
Bahama Islands, to the Board, dated June 30th, 1780, transmitting the following papers, and informing their lordships
of the necessity of some ships of war being stationed at those
islands to protect the trade, vizt.,
Copy of a letter from Governor Maxwell to Brigadier General Paterson, dated June 29th, 1780, acquainting him with the state of the garrison at New Providence.
List of prizes brought into New Providence from the 1st June, 1779, to the 30th of June, 1780.
Ordered, that a copy of Governor Maxwell's letter to the Board, and a copy of his letter to Brigadier General Paterson, be transmitted to Mr. Knox, for the information of Lord George Germain.
Mr. Elliott laid before the Board the following publick papers,
received from the Bahama Islands, vizt.,
Minutes of Council from the 10th of November, 1779, to 6th March, 1780.
Minutes of Council in Assembly from December 21st, 1779, to January 6th, 1780.
Journal of the General Assembly from December 21st, 1779, to January 11th, 1780.
Read a memorial of James Trower, Martin John Grant, Lewis Burwell, and William Elphinston, esquires, late Assistant Judges of his Majesty's Supreme Court of Judicature in the Island of Jamaica, to the Board, stating, in a particular manner, their suspension by Governor Dalling, and praying their lordships' consideration and decision in the premises, and if necessary, that they may be heard by their counsel.
It appearing to their lordships from several parts of the said memorial, that, previous to any further consideration upon it, it would be proper to obtain information of what had been done in the case, by the Lords of the Admiralty, and by the Secretary of State for the American Department, it was ordered, that Mr. Elliott do write to Mr. Stephens and Mr. Knox, requesting them respectively to move the Lords of the Admiralty and the Secretary of State, that such information may be given to this Board, touching the subject matter of the said memorial, as may better enable their lordships to determine on the case.
Read a letter from Lord George Germain to the Board, dated
October 12th, 1780, acquainting their lordships, that the Great
Seal for the Government of Grenada, of which Tobago was a
part, having been taken by the enemy in the Island of Grenada,
his Lordship is commanded by his Majesty to signify his pleasure,
that this Board do take the necessary steps for providing another
Seal from the impression of the old one, and as near like it as
possible, and that it may be finished and sent, without loss of
time, to Lieutenant Governor Ferguson; his Lordship's letter
Extract of a letter from George Ferguson, esquire, Lieutenant Governor of Tobago, to Lord George Germain, dated July 24th, 1780, stating the many inconveniences which have arisen, and may arise by the want of a Great Seal.
Resolved, that his Majesty's commands, signified in Lord Germain's letter, be taken into consideration at some early opportunity.
Ordered, that Mr. Elliott do write to Montfort Browne, esquire, late Governor of the Bahama Islands, and to Lieutenant Governor Gambier, acquainting them that the Board will be ready on Tuesday next, the 19th instant at eleven o'clock, to hear the charges exhibited against Governor Browne; and if time will admit, those also made by Governor Browne against Lieutenant Governor Gambier, etc.
Mr. Elliott laid before the Board the following publick papers,
received from the Island of Barbados, vizt.,
Minutes of Council from May 11th, 1779, to April 18th, 1780.
Minutes of the General Assembly from May 11th, 1779, to April 18th, 1780.
Their lordships read and considered the following Acts, together
with Mr. Jackson's reports thereupon, vizt.,
Three Acts passed in the Island of Jamaica in April, 1780, mentioned in the minutes of the 21st of August last.
One Act passed in the Island of Antigua in April, 1780, mentioned in the minutes of the 9th of September last.
One Act passed in the Island of St. Christopher in March, 1780, mentioned in the minutes of the 9th of September last.
One Act passed in the Island of Montserrat in April, 1780, mentioned in the minutes of the 9th September last.
Twelve Acts passed in the Island of Barbados in May, July and September, 1779, and January, February and April, 1780.
Ordered, that the draught of a letter to the Governor of Barbados be prepared, recommending to him to take care, that in any future Act for the relief of insolvent debtors, the objections which appear to one of the abovementioned Acts, intituled, An Act for the relief of insolvent debtors, may be remedied in any future Act, passed for that purpose.
Thursday, December 14th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Langlois.
The minutes of the last Board were read, approved and signed.
It appearing necessary to the Board to take into immediate consideration the memorials of the Merchants trading to Africa, mentioned in the minutes of the 30th of September and 5th of October last, complaining of the conduct of Mr. Shoolbred, one of the Committee of the Company of Merchants trading to that coast, Mr. Elliott was directed some days ago, to write to the said Mr. Shoolbred, requiring his attendance on this day at 12 o'clock; to Mr. Drew, who was employed as solicitor for the said Committee; to Messieurs Manesty and Farr, two of the members of the said Committee, who had protested against the proceedings of Mr. Shoolbred, which gave rise to the abovementioned complaints; and to Mr. Rutherford, to require a further communication of the proceedings of the Committee respecting their late and present servants on the coast.
Mr. Elliott informed their lordships, that he had, agreable to the said directions, written to the several persons beforementioned under the date of the 9th and the 11th instant; and likewise to Mr. Jackson, whose attendance was desired by the Board.
Mr. Elliott then laid before the Board the following papers,
Letter from Mr. Rutherford to Mr. Elliott, dated 12th December, 1780, transmitting, by direction of the African Committee, for the information of the Lords of Trade.
Copy of the Committee's proceedings relative to their late and present servants on the coast of Africa, from the 5th of September to the 12th of December, 1780.
Their lordships being informed that Mr. Drew attended, he was called in; when he acquainted the Board, that he was employed by the African Committee to draw up a case for the opinion of the late Attorney General, upon the conduct of several of their servants on the coast, who by their accounts, appeared to be indebted to the publick in very large balances; that he accordingly drew up the said case, and submitted it to the Attorney General, who gave his opinion thereupon under date of the 19th of April last, the purport of which opinion was, that the proper method of proceeding against the said supposed delinquents, would be by informations filed against them; that he was accordingly directed to file informations against David Mill, esquire, late Governor of Cape Coast Castle; Mr. Charles Bell, formerly Governor of Annamaboe; Mr. Thomas Westgate, late Governor of Annamaboe; and against the executors of Mr. Thomas Trinder, late Governor of Annamaboe; but that on the 17th of August last, he was ordered by the said Committee to suspend any proceedings upon the said several informations, except upon that against the executors of the said Mr. Trinder.
Mr. Drew then desired leave to lay before the Board, and did
accordingly deliver in,
Copy of a case, with Mr. Attorney General's opinion thereupon, dated April the 19th, 1780.
Mr. Drew being withdrawn, Mr. Shoolbred, who attended pursuant to order, was called in, and acquainted by the Board, that complaints having been exhibited against him, respecting his conduct as a member of the Committee of the Company of Merchants trading to Africa, the Board had requested his attendance in order to inform him of the same, that he might prepare himself to make such defence thereto as he should think fit; upon which Mr. Elliott was directed to read the two memorials beforementioned, containing the charges against the said Mr. Shoolbred; and the said memorials having been read accordingly, the Board informed him, that they wished to accommodate the time they should appoint to hear the said complaints, to his convenience. Mr. Shoolbred replied that he was perfectly satisfied with respect to the candor of this Board, and was willing to meet any complaints before their lordships, that could be urged against him; but as they were of a very serious nature, and might affect him in his character of a merchant, as well as in that of a committee man, he wished their lordships to give him some time to prepare his answers to the charges, and to allow him to be heard by his counsel. The Board agreeing thereto, appointed the 19th day of January next, at eleven o'clock in the forenoon, to hear the proofs in support of the charges, and his defence thereto. And Mr. Shoolbred having suggested, that in the nature of the complaints alledged against him, the conduct of some other of the members of the Committee was necessarily involved, it was ordered, that copies of the two memorials beforementioned should be given to Mr. Shoolbred, and also sent to Mr. Rutherford, for the information of the African Committee, and that the day appointed for the said hearing should be notified to him.
Mr. Shoolbred was then desired to withdraw, and Mr. Coghlan, a subscriber to one of the said memorials, together with Mr. Camplin, late a member of the Committee, and now agent to the Merchants of Bristol trading to Africa, who had signed one of the said memorials, were called in, and acquainted with the day appointed for hearing the complaints against Mr. Shoolbred, who having desired to be heard by counsel, to which the Board agreed, Mr. Coghlan and Mr. Camplin were informed, that the complainants might also, if they thought proper, be heard by counsel in support of the said charges; to which they assented.
Mr. Camplin then desired leave to acquaint their lordships of some circumstances respecting the conduct of the Committee which had come to his knowledge, and might be necessary for their lordships to be informed of. First that he understood the Committee had determined on the recall of Messrs. Roberts and Stubbs, two of the Commissioners appointed in November, 1779, in order to give an account of their proceedings under the said Commission. Secondly, that the Committee had appointed a Mr. Weaves to the command of Cape Coast Castle, during the suspension of Mr. Miles. That the said Weaves was one of the persons who stood liable to be proceeded against by the said Commissioners, and whose accounts were not passed, or sworn to, as directed by the Act of the 5th of his present Majesty: That the accounts of the said Weaves was also liable to the like objections, as the accounts of other persons, against whom informations in the name of the Attorney General were ordered to be filed; And thirdly, that it appeared by the appointment of Mr. Weaves, that not only the Commissioners were meant to be recalled, but that the Commission itself was intended to be virtually set aside, and the purpose of it thereby defeated.
Mr. Coghlan and Mr. Camplin being desired to withdraw, it was ordered, that Mr. Elliott do write to Mr. Rutherford, and acquaint him, that it appearing by the minutes transmitted in his letter of the 12th December instant, that Messieurs Roberts and Stubbs were recalled to give an account of their proceedings under the Commission of 1779, their lordships require an immediate Communication of the copy of the proceedings under the said Commission, and desire to be informed, whether Mr. Weaves is not a person whose accounts are under examination.
Read the following Orders of the Lords of the Privy Council,
dated December 13th, 1780, vizt.,
Order, referring the petition of Messieurs Jefferys and Street, praying leave to export to Newfoundland, on board the vessels engaged in the fishery, a certain quantity of gunpowder and a number of fowling pieces therein mentioned, for the use of the fishermen on that coast.
Order, referring the petition of Abraham Norden, praying leave to export to the Island of St. Christopher, on board the ship London, three thousand cutlasses, for the defence of the inhabitants.
Ordered, that the draughts of two reports upon the petitions abovementioned, recommending the exportation prayed for, be prepared.
Saturday, December 16th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart.
The minutes of the last Board were read, approved and signed.
Mr. Elliott acquainted their lordships, that pursuant to order of the 13th and 14th instant, he had written to the several persons thereby directed, vizt., On the 13th to Governor Browne, and Lieutenant Governor Gambier, acquainting them of the day appointed to hear the complaints against Governor Browne. On the 14th to Mr. Stephens, and to Mr. Knox, desiring a communication of such papers, as relate to the case of the Assistant Judges of Jamaica, suspended by Governor Dalling. On the 14th to Mr. Knox, requesting copies of such parts of the Earl of Dartmouth's letters, as relate to the leave of absence given to Governor Patterson. On the 14th to Mr. Rutherford, requiring copies of the proceedings under the Commission of 1779. And under date of this day, to Mr. Bullock, desiring to know how the account stands between him, as agent for Senegambia, and Mathias Mcnamara, esquire, late Lieutenant Governor and Superintendant of Trade. To Mr. Knox, transmitting copies of Governor Maxwell's letter and inclosure. And to Mr. Winbolt, agent for Philips Calbeck, esquire, to acquaint him of the day appointed for hearing counsel on behalf of Governor Patterson.
Read a letter from Mr. Rutherford to Mr. Elliott, dated
December the 15th, 1780, acknowledging the receipt of his letter
of the 14th instant, transmitting, by direction of the African
Committee, sundry papers for their lordships' perusal, which,
with those formerly laid before their lordships, Mr. Rutherford
states to be the whole of the information received from the
Governor and Council in Africa. With respect to Mr. Miles, the
Committee beg leave to refer to the inclosed certificate, submitting the further investigation to their lordships. And after
acquainting Mr. Elliott, for the information of the Board, with
the reasons which have induced the Committee to recall the
present Commissioners, and to appoint Mr. Weaves to the
command at Cape Coast Castle, he concludes by observing, that
the Committee cannot think the state of Mr. Weaves' accounts any
reasonable objection to his appointment, "when they recollect
that one of the agents in the Commission of November 1779,
though sent out to examine those accounts, was exactly in the
same predicament with Mr. Weaves, and that he was chosen a
Commissioner under the directions, and with the approbation
of their lordships."
The papers transmitted with the following letter are, vizt.,
Copies of Mr. Miles' papers.
Copies of correspondence between Mr. Miles and Mr. Westgate.
Copy of Mr. Miles' answer to Mr. Westgate's charges.
Copy of a certificate annexed to the general journals for the years 1777, 8 and 9, signed by Messrs. Roberts, Stubbs, Beard and Field, dated 7 June, 1780.
Their lordships, upon consideration of the above letter, and of what passed at the last meeting upon the subject, were of opinion, it would be proper, that the Lords of the Treasury should be acquainted with the several matters communicated to this Board, respecting the conduct of the African Committee, in the case of their late and present servants on the coast; and it was ordered, that Mr. Elliott do write to Mr. Robinson, and acquaint him, for the information of the Lords of the Treasury, with the substance of the several communications from the African Committee upon the subject beforementioned; and to submit it to their lordships of the Treasury, whether it may not be expedient, that their solicitor should proceed on those informations which were suspended by order of the Committee, against several of their servants, who appear to be debtors to the publick, in order that the true state of their accounts may be determined.
Mr. Elliott having prepared the said letter to Mr. Robinson, it was approved by the Board, and ordered to be transmitted.
Nova Scotia, Georgia, East Florida, West Florida, St. John's, Plantations General.
Mr. Elliott having informed the Board, that he had received a letter from Lord North, directing him to move their lordships to prepare, in order to be paid before the House of Commons, estimates of such sums as will be necessary for supporting and maintaining the civil establishments of Nova Scotia, Georgia, East Florida, West Florida, and the Island of Saint John in North America, and also for continuing the services of general Surveys of his Majesty's Dominions in America for the year 1781; their lordships took the same into consideration, and the said estimates, having been agreed to, were ordered to be prepared; And Mr. Elliott was directed to transmit copies thereof to Mr. Robinson, together with the necessary observations thereon, for the information of the Lords of the Treasury.
Read a memorial of the Reverend Charles Francis Baillie, late missionary to the Micmac Indians, to the Board, stating his services in that mission; that his salary granted by Parliament for the years 1774 and 1775, has not been issued to him, and that it cannot be issued by the agent without orders of the Board; and therefore praying that their lordships will take his services and labors into consideration, and give the necessary directions, that his salary as missionary for the years beforementioned, may be paid to him pursuant to the grant of Parliament.
Ordered, that the agent for the Province of Nova Scotia, be directed to pay to the memorialist the salary due to him under the grant of Parliament for the years 1774 and 1775, as missionary to the Micmac Indians.
Tuesday, December 19th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Langlois.
The minutes of the last Board were read, approved and signed.
Read a letter from Lord George Germain to the Board, dated December 16th, 1780, acquainting their lordships, that he had received the King's commands to transmit to them the following papers; and that it was his Majesty's pleasure, that this Board do take the same into consideration, together with the Salt Pond regulations that obtained in Turks' Islands in the year 1774, and report their opinion, whether any, and what alterations may be proper to be made in the said regulations; and what other means it may be necessary to adopt for the safety of those islands, and the protection of their commerce.
The papers transmitted in the foregoing letter are, vizt.,
An account of Turks' Islands by Andrew Symmer, esquire, agent for the said islands, addressed to Lord George Germain, dated September 1st, 1780.
Estimate for Turks' Islands.
Resolved, that the consideration of the above letters and papers be taken up immediately after the adjournment.
Their lordships having resumed the consideration of that part of Mr. Rutherford's letter to Mr. Elliott, mentioned in the last minute, which states that one of the Commissioners appointed under the Commission of November 1779, was chosen under the directions and with the approbation of this Board, Mr. Elliott was directed to write to Mr. Rutherford, desiring that he will acquaint the Committee of the Company of Merchants trading to Africa, that they are mistaken in the fact stated in Mr. Rutherford's letter of the 15th of December, of their lordships having approved of the appointment of one of the agents in the Commission of November 1779, their lordships not having interfered, or expressed any approbation of the said appointment; nor did any person, then named by the Committee, appear before the Board as a delinquent; and that as Mr. Weaves is charged with having accounts to make up, to which objections lie, their lordships cannot think him a proper person to be entrusted with the necessary powers for executing the said Commission, until the objection beforementioned shall be removed.
Mr. Elliott having prepared a letter to Mr. Rutherford pursuant to the directions of their lordships, it was approved and ordered to be transmitted.
This day having been appointed to hear the charges exhibited against Montfort Browne, esquire, late Governor of the Bahama Islands, by John Gambier, esquire, Lieutenant Governor of the said islands, in conjunction with the President and three other members of his Majesty's Council, and their lordships being informed, that Lieutenant Governor Gambier, with his counsel, the Solicitor General, and Mr. Simeon attended, to support the said charges; and that Governor Browne, with his counsel, Mr. Macdonald and Mr. Erskine, also attended, they, together with several other gentlemen, were called in; and the memorial of Lieutenant Governor Gambier, stating the specific articles of accusation against Governor Browne, having been read, Mr. Solicitor General was heard on the part of the complainants, and was proceeding to read several affidavits, depositions and other papers in proof of the accusations; to which Mr. Macdonald, having objected, the counsel and parties were directed to withdraw, and being called in, the Board acquainted them, that they should hear and receive the said papers, reserving to themselves to judge of their propriety or credibility.
The solicitor on the part of the complainants was then directed by the counsel to read the several papers mentioned at the conclusion of this minute; and the said papers having been read accordingly, were laid upon their lordships' table.
Mr. Solicitor General, then calling upon Lieutenant Governor Gambier as a principal evidence for the complainants, Mr. Macdonald on the part of the defendant objecting to the evidence of a person being admitted, who was a principal party concerned in the accusations, the counsel and parties were again directed to withdraw, and being returned, they were informed by the Board, that as it had been usual for persons making complaints to be heared in evidence in support of the same, particularly in the instance of the complaints against Lieutenant Governor Mcnamara, where Mr. Solicitor General and Mr. Macdonald were concerned for the different parties, they must admit the evidence of Lieutenant Governor Gambier. Mr. Gambier, being accordingly sworn, was examined by Mr. Solicitor General, and cross examined by Mr. Macdonald. After which Mr. Simeon was heared in further support of the charges against Governor Browne; and Mr. Macdonald, having been heard in reply, it being now five of the clock, the Board, by the desire, and with the consent of the parties, adjourned the further hearing until Thursday next, at eleven o'clock in the forenoon, and the counsel and the parties then withdrew.
List of papers delivered by the solicitor on the part of the
General Maxwell's certificate that Thomas Atwood, esquire, is Chief Justice; John Pratt, esquire, a Justice of Peace and Notary Publick; William Bradford, esquire, Secretary to the Council; John Brown, junior, Clerk of the Assembly; and John Pratt, Clerk of the General Assembly; all within the Bahama Islands, dated May 7th, 1780.
Eight certificates of the Secretary to the Council, relative to officers superseded by Governor Browne.
Bond of John Shorland, W. Spatchers and Charles P. Chilcott, to send all vessels they may take under a Commission granted them, into New Providence, dated January 14th, 1779.
Bond of John Ferguson and Nathaniel Darrel to the same purport, dated February 5th, 1779.
Bond of Graham Barnes and John Greg, not to molest John Petty in the execution of his Commission, dated January 6th, 1779.
Bond of Graham Barnes and John Greg, to bring all vessels the said Barnes may take under a Commission granted to him, into New Providence, dated January 6th, 1779.
Bond of Henry Leader and J. Greg, to the same purport, dated January 6th, 1779.
Bond of Henry Leader and John Greg, not to molest John Petty, dated January 6th, 1779.
Narrative of the transactions, etc., on the invasion of the Island of New Providence by the Rebels in 1776, signed J. Brown, Samuel Gambier, R. Hunt, and Robert Sterling, sworn April 19th, 1780.
Deposition of William Farr, a branch pilot of New Providence, relative to what passed between him and Governor Browne on the appearance of the Rebels in March, 1776. Sworn the 17th of April, 1780.
Deposition of George Dorset, relative to the information given by him to Governor Browne on the appearance of the Rebels in February, 1776. Sworn the 17th of April, 1780.
Deposition of Robert Sterling, esquire, relative to his not being called upon to assist on the 3rd of March, 1776, either as Major of Militia, or as a Councillor. Sworn 1st May, 1780.
Deposition of Robert Hunt, esquire, respecting the transactions in New Providence on the 3rd March, 1776. Sworn the 2nd May, 1780.
Deposition of John Browne, esquire, to the like purport as the foregoing. Sworn May 1st, 1780.
Memorial of the inhabitants of New Providence to Governor Browne, signed by sixty six persons; and Governor Browne's reply, dated April 27th, 1779. Sworn to by John Boyd and Ridley Pinder, members of the Assembly, dated May 1st, 1780.
Certificate of Chief Justice Atwood, that the several Courts of Judicature in the Bahama Islands were adjourned from time to time from the 26th of May, 1778, to the 29th of February, 1780, and during that period, no business done therein. Dated April 6th, 1780.
Certificate of Chief Justice Atwood, relative to the presence of Mr. Thomas Smith and Mr. George McKenzie at a Court of Admiralty, by order of Governor Browne, and without consent of the members of that court. Dated May 3rd, 1780.
Deposition of Chief Justice Atwood, relative to a conversation that passed between him and John Armstrong Wilson, one of the administrators of Robert Cuming. Dated 2nd May, 1780.
Deposition of Chief Justice Atwood, relative to information he had received of the intended descent of the Rebels. Dated April 17th, 1780.
Declaration of Chief Justice Atwood in Council, January 1780, respecting the loss of Governor Browne's Commission. Sworn April 24th, 1780.
Deposition of Parr Ross, esquire, relative to the conduct of Governor Browne in the case of Stephen Lacy. Sworn 24th April, 1780.
Deposition of Mathew Petty, respecting the above case of Lacy. Sworn April 24th, 1780.
Condemnation of the brigantine Three Brothers and her cargo, in the Court of Vice Admiralty. Dated February 4th, 1779.
Deposition of Samuel Clutsam, respecting the schooner Montfort, seized by the officers of the customs. Sworn 9th May, 1780.
Deposition of John Petty, relative to an agreement entered into by him, to give a moiety of the prizes he should take, to Governor Browne. Sworn April 19th, 1780.
Deposition of George McKenzie, Vendue Master, relative to a claim made by Governor Browne of the 10th part of 2 vessels sold by him. Sworn 3rd May, 1780.
Deposition of John Ferguson, relative to a claim set up by Governor Browne to the tenth part of certain goods stranded in Cuba, and brought to New Providence. Sworn 2nd May, 1780.
Deposition of Nicholas Gamer upon the like subject with the foregoing. Sworn 2nd May, 1780.
Deposition of George Johnson to the same effect as the above. Sworn 1st May, 1780.
Deposition of John Baldwin, respecting a Negroe wench of his detained in the service of Governor Browne. Sworn 2nd May, 1780.
Copy of an Act passed in the Bahama Islands, December 10th, 1778, intituled, An Act for continuing for a limited time certain Acts of the Assembly of these islands therein mentioned.
A proclamation by Governor Browne, requiring the inhabitants of the Bahama Islands to prepare themselves with arms, to repel any hostile attempts that may be made. Published 1st April, 1779.
Proclamation by Governor Browne, recommending unanimity to the inhabitants of the Bahama Islands, and promising pardon to those whose conduct was improper at the time of the invasion by the Rebels. Published January 4th, 1780.
Minutes of a Council of War held at Fort Nassau, on the 3rd, 19th and 20th of March, 1776.
Minutes of Council, the 1st May, 1776, wherein the minutes of the 3rd of March are revised.
Minutes of Council of the 9th of January, and 9th of March, 1779.
Extracts from the Council Journals between the 7th of January, 1780, and the 6th of March, 1780, inclusive. Extracts from the Journals of Council in Assembly from the 30th March, 1780, to the 11th of April, 1780.
Extracts from the Journals of the Assembly from the 6th of January to the 29th April, 1780.
It having been intimated to their lordships, that a letter had been written by Lord George Germain to Governor Browne on the 14th of January, 1777, which might throw some light on the enquiry now before the Board, respecting the conduct of Governor Browne; and also that further information on this subject might be obtained by the perusal of the instructions given by the Lords of the Admiralty to Governors of the Colonies, for their guidance in granting letters of marque; Mr. Elliott was directed to write to Mr. Knox and to Mr. Stephens, requesting a communication of the said papers, for the information of the Board.
The draughts of two reports to the Lords of the Privy Council upon the petitions of Jefferys and Street, and Abraham Norden, praying leave to export military stores, having been prepared, pursuant to order of the 14th instant, were approved, transcribed and signed.
Thursday, December 21st. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon.
The minutes of the last Board were read, approved and signed.
Mr. Elliott acquainted their lordships, that he had, pursuant to order of the 14th, 16th, and 19th instant, written to the several persons thereby directed, vizt., On the 20th instant to Mr. Rutherford, inclosing copies of the two memorials containing complaints against Mr. Shoolbred.
The same day to Mr. Robinson, transmitting copies of the estimates for the year 1781, together with the necessary observations thereupon.
fo. 252 (1).
Under date of this day to Mr. Stephens, desiring a communication of the instructions given to Governors for their guidance in
granting letters of marque; And to Mr. Knox, requesting a
copy of Lord George Germain's letter to Governor Browne of
the 14th of January, 1777, an answer to which last letter Mr.
Elliott laid before the Board, vizt., Letter from Mr. Knox to Mr.
Elliott, dated December 21st, 1780, transmitting, by direction
of Lord George Germain, for the information of the Lords of
Copy of Lord George Germain's letter to Governor Browne, dated January 14th, 1777, upon his release out of the custody of the Rebels: The apparent treachery of some of the inhabitants of the Bahama Islands: His Majesty's approbation of his conduct while in Connecticut: And the leave of absence given him by his Majesty.
fo. 252 (2).
Read an Order of the Lords of the Privy Council, dated December 18th, 1780, referring the petition of Henry Pearson and Company, praying leave to export to the Island of Antigua, on board the ship Nancy, two tons of gunpowder, for the use of the forts and of privateers fitting out there.
Their lordships being of opinion, that the exportation prayed for should be allowed; the draught of a report to the Lords of the Privy Council was prepared, approved, transcribed and signed.
Read a memorial of John Shoolbred, esquire, of London, merchant, to the Board, stating, that two memorials have been presented to their lordships, by or on the part of sundry merchants of Bristol and Liverpool, complaining of the conduct of the memorialist, as a Committee man of the African Company; that Thomas Jones and James Taggart of Bristol, William Gregson and James Caruthers of Liverpool, and John Coghlan and Francis Henry Shepherd of London, subscribers to the said memorials, are necessary witnesses to be examined touching the matters contained in the said memorials; and praying, that the said persons may be summoned to attend the Board on the hearing of the complaints against the memorialist.
Ordered, that Mr. Elliott do write to the several persons named in the foregoing memorial, desiring their attendance on the day appointed for hearing the complaints against Mr. Shoolbred.
Their lordships being now informed, that Governor Browne, Lieutenant Governor Gambier, and the several council [lors], mentioned in the last minutes, attended pursuant to order of the 19th instant, they, together with other gentlemen who attended, were called in; and several affidavits, depositions and other papers, mentioned at the conclusion of this minute, having been read, and laid upon their lordships' table by the solicitor on the part of Governor Browne, Mr. Erskine proceeded to examine Lieutenant Governor Gambier, who was cross examined by Mr. Solicitor General.
Mr. Erskine was then heard in defence of Governor Browne, and Mr. Solicitor General, having replied to Mr. Erskine, the parties having nothing further to offer, were desired to withdraw, and the Board adjourned until the . . day of January next.
List of papers delivered by the solicitor to Governor Browne,
Minutes of Council on the 14th, 15th, 16th and 17th of February, and 3rd of March, 1776.
Manifesto of the Rebel Admiral Hopkins on his landing at New Providence, dated March 4th, 1776.
Manifesto of the Rebel Admiral Hopkins on his landing at New Providence, dated March 4th, 1776.
His Majesty's leave of absence to Governor Browne, dated January 2nd, 1777.
Proclamation by Governor Browne, recommending unanimity, and giving notice to the inhabitants, to take the oaths of allegiance and supremacy. Published the 4th of January, 1779.
Proclamation by Governor Browne, extending the time given in the foregoing proclamation for the purpose therein mentioned. Published January 12th, 1779.
Governor Browne's speech to the Council and Assembly, dated Nassau, March 9th, 1779.
Remonstrance of the Council and General Assembly to Governor Browne, dated March 12th, 1779.
Governor Browne's answer to the remonstrance of the Council and Assembly, dated March 15th, 1779.
Letter from John Gambier, esquire, to Lord George Germain, dated Providence, June 16th, 1779, transmitting the minutes of Council for the 27th January, 1778, the day the Americans seized on Fort Nassau.
Deposition of Robert Cuming, esquire, respecting the application of John Gambier, esquire, to Governor Browne, to continue the licence the said John Gambier had given to the merchants to trade with the Colonies in rebellion, under pretence of getting provisions. Sworn the 9th January, 1779.
Bond given by John Gambier and John Baldwin, esquires, to secure the return of a British master of a vessel in the room of Ezekiel Humphries, dated 8th of January, 1779.
Proclamation by Governor Browne, requiring the inhabitants to take the oath of allegiance. Published February 4th, 1779.
Deposition of Ensign Clarkson, respecting several vessels that discharged their cargoes without licence, and declaration of Thomas Smith, esquire, relative to the conduct of Captain Grant, upon the said proceedings, dated March 8th, 1779.
Rebel Commission and register of a privateer, dated May 5th, 1779.
Letter from Thomas Smith, esquire, to Governor Browne, respecting Captain Petty's distribution of prize money to the Harbor Island people, dated September 1st, 1779.
Letter from Chief Justice Atwood to Governor Browne, respecting the holding of courts, dated December 3rd, 1779.
Certificate of John Pratt, esquire, Register of the Court of Vice Admiralty, respecting the sitting of Assistant Judges in the said Court, on tryals of piracy, dated March 13th, 1780.
Deposition of William Hilton, messenger to the Council, respecting an order received from John Gambier, esquire, and five other members of the Council, not to attend the Governor when he was directed so to do. Sworn 14th March, 1780.
Deposition of Nicholas Martin Almgreen, esquire, relative to negroes said to be protected by Governor Browne. Sworn 18th March, 1780.
Deposition of John Armstrong Wilson, esquire, to the same purport as the foregoing. Sworn March 24th, 1780.
Deposition of Edward Reed, esquire, respecting a declaration made in Council by John Gambier, esquire. Sworn 4th April, 1780.
Deposition of J. A. Wilson, esquire, respecting Mr. Hunt's refusal to admit him as a Comptroller. Sworn April 11th, 1780.
Copy of Mr. Hunt's entry in the publick treasury. Certified the 4th April, 1780.
Friday, December 29th. Present:—Mr. Stuart, Mr. Gibbon, Mr. Langlois.
Mr. Elliott laid before their lordships a letter he had received from Mr. Rutherford, dated December 22nd, 1780, acquainting Mr. Elliott, that he had laid his letter of the 19th instant before the Committee of the Company of Merchants trading to Africa; and requesting him by directions of the said Committee, to inform the Lords of Trade, that having already given their lordships the reasons which induced the Committee to appoint Mr. Weaves Governor of Cape Coast Castle; (fn. 1) they beg leave further to add, that no charge of delinquency hath appeared against him before the Committee; that he had offered undeniable security for the trust to be reposed in him; and that they think him a person qualified to be of great utility to the public service; but if their lordships continue to be of opinion, that he is not a proper person to command in chief, the Committee humbly beg their lordships' directions as early as possible, as the Store waits for orders only.
Mr. Elliott at the same time informed the Board, that he had, on the 23rd instant, wrote to Mr. Rutherford in answer to the foregoing letter, acquainting him that the Board being adjourned, he had transmitted his letter to Lord Grantham; and that if it was thought necessary to take the further opinion of the Board on the subject matter thereof, he would acquaint him therewith.
Mr. Elliott also laid before the Board a letter he had received from Lord Grantham, dated Stanmer, December 25th, 1780, directing him to collect the opinion of their lordships upon the matter beforementioned.
Their lordships thereupon proceeded to the consideration of the said letter, and resolved, that Mr. Elliott do write to Mr. Rutherford, and acquaint him, for the information of the Committee, that having been already made acquainted with their lordships' reasons for thinking Mr. Weaves is not at present a proper person to command in chief at Cape Coast, and thereby of course be instructed to carry into effect the Commission of November 1779, should the intentions thereof not be accomplished before his arrival on the coast, their lordships have nothing to add to their former opinion; and that, as the Committee represents Mr. Weaves as a person by them every way thought qualified to be of great utility to the public service, especially at this critical time, and as having offered undeniable security for the trust to be reposed in him, their lordships must leave it to the Committee to use their own discretion upon this occasion, and therefore cannot give any directions whatever with respect to the nomination.
Mr. Elliott was directed, after he had prepared the said letter, to communicate the same to Lord Grantham, for his Lordship's approbation, previous to its being transmitted to Mr. Rutherford.
Read a letter from Lord George Germain to the Board, dated December 28th, 1780, acquainting their lordships, that the King had been pleased to appoint William Browne, esquire, to be Governor and Commander in Chief in and over the Bermuda or Somers Islands in America, in the room of George James Bruere, esquire, deceased; and that it is his Majesty's pleasure, that the draughts of his Commission and instructions be prepared, in order to be laid before his Majesty for his approbation.
Ordered, that the draughts of a Commission and instructions be accordingly prepared and laid before the Board with all convenient dispatch.
Mr. Elliott acquainted their lordships, that pursuant to order of the 21st, he had on the 23rd instant, written to the several persons mentioned in the memorial of Mr. Shoolbred, desiring their attendance on the 19th day of January next.