BHO

Journal, January 1781: Volume 88

Pages 360-375

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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Citation:

Journal, January 1781

fo. 1.

At a meeting of his Majesty's Commissioners for Trade and Plantations.

Friday, January 19th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Sloane, Mr. Langlois.

The minutes of the last Board were read, approved and signed.

Bermuda.

The draught of a Commission, appointing William Browne, esquire, to be Governor of the Bermuda or Somers Islands, having been prepared pursuant to order of the 29th of December last, was approved, and a representation to his Majesty thereupon was signed.

fo. 2.

Barbados.

The draught of a letter to James Cuninghame, esquire, Governor of the Island of Barbados, on the subject of an Act passed in that Island for the relief of insolvent debtors, having been prepared pursuant to order of the 13th of December last, was approved, transcribed and signed.

West Florida.

fo. 3.

Read a memorial of William Clifton, esquire, Chief Justice of the Province of West Florida, to the Board, complaining of the conduct of Mr. Nesham, agent for the said Province, in withholding the salary due to him, as Chief Justice, under several grants of Parliament; and praying, that no more of his salary may be issued to that gentleman; and that the arrears due to him may be made good, by an application to Parliament, or by such other mode, as may relieve the distress brought upon him, by the conduct of Mr. Nesham.

Their Lordships, upon consideration of the said memorial, being of opinion, that it more immediately lay with the Lords of his Majesty's Treasury to give relief to the memorialist, their Lordships directed Mr. Elliott to write to Mr. Robinson, transmitting him a copy of the said memorial, and desiring that he will lay it before the Lords of the Treasury, in order that the memorialist might have such immediate relief in the case, as to their Lordships should seem proper.

Mr. Elliott having prepared the said letter, it was approved and ordered to be transmitted.

fo. 4.

Africa.

Read a letter from Mr. Caruthers to Mr. Elliott, dated Liverpool, January 1st, 1780, alledging, that indisposition put it out of his power to attend the Board on the hearing against Mr. Shoolbred.

Read a letter from Mr. Gregson to Mr. Elliott, dated Liverpool, January 13th, 1781, stating, that the illness of his son deprived him of the opportunity of attending the Board, on the day appointed to hear the complaints against Mr. Shoolbred.

fo. 5.

Read a memorial of Francis Squire, solicitor, to sundry persons who have signed certain memorials, complaining of the conduct of Mr. Shoolbred, one of the members of the African Committee, praying that Mr. Rutherford, Secretary to the said Committee, and Mr. Drew, their solicitor, may be summoned to attend the Board on the hearing against Mr. Shoolbred, with several books and papers mentioned in the said memorial.

Mr. Elliott acquainted the Board, that the shortness of the time not admitting his taking their Lordships' directions in the premises, he had, on the 17th instant, written to the gentlemen mentioned in the foregoing memorial, desiring their attendance this day with the several books and papers therein required. And that on the 2nd instant, he had, pursuant to order of the 29th of December last, written to Mr. Rutherford upon the subject of the Committee's appointment of Mr. Weaves to be Commander in Chief at Cape Coast Castle.

fo. 6.

Their Lordships being informed, that Mr. Shoolbred with his counsel, Mr. Erskine, and the agent for the subscribers to the two memorials, containing the complaints against the conduct of Mr. Shoolbred, as one of the members of the African Committee, with Mr. Arden, counsel for the complainants, were attending pursuant to order, they, together with several other gentlemen were called in; and the said memorials, which are mentioned in the minutes of the 30th of September, and 5th of October last, having been read, Mr. Arden, after being heard in support of the charges, proceeded to examine Messieurs Manesty, Farr, Drew, and Rutherford, the said gentlemen having been previously sworn.

fo. 7.

fo. 8.

Several minutes in the books of the African Committee, produced by Mr. Rutherford, were then read, together with one of the informations intended to have been filed against some of the Committee's late servants on the Coast, and others; and likewise part of the examinations of Messieurs Miles, Dunn and Chalmers, taken before this Board in the year 1777. The evidence sworn having been cross examined by Mr. Erskine, he begged permission, as being out of the usual course of proceeding, to call Mr. Bogle French, whose longer attendance, he stated, would be very inconvenient to him; which being permitted by the Board, and assented to by Mr. Arden, Mr. French was sworn and examined by Mr. Erskine, and cross examined by Mr. Arden. Mr. Erskine was then heard on behalf of Mr. Shoolbred, and was proceeding to call witnesses, but on account of the lateness of the hour, the further hearing, by consent of the parties, was adjourned until Wednesday next, at eleven o'clock in the forenoon, and the counsel and parties withdrew.

Bahamas.

Resolved, that the Board will meet on Tuesday next, at the usual hour, to consider of the representation to be made to his Majesty upon the complaints exhibited against Montfort Browne, esquire, late Governor of the Bahama Islands.

fo. 9.

Tuesday, January 23rd. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

The minutes of the last Board were read, approved and signed.

Nova Scotia.

fo. 10.

Read a memorial of John Fenton, esquire, Provost Marshal of his Majesty's Province of Nova Scotia, to the Board, stating, that in consequence of their Lordships' signification to Sir Richard Hughes, upon an Act passed in that Province for appointing Sheriffs, the Assembly had proposed to allow the memorialist, out of the revenue of the Province, one hundred pounds per annum during life, or until he should be otherwise provided for by Government; that the memorialist hath annexed a printed copy of the Journal and Votes of the Assembly, where their resolution respecting him is inserted; and that he is satisfied with the annuity settled upon him, which he accepts as a full compensation for the office he held under the Crown; and praying, as this annuity is not to take place until the said Act shall be confirmed by his Majesty, that their Lordships will be pleased to lay it before his Majesty for confirmation.

fo. 11.

Read a letter from Sir Richard Hughes, baronet, Lieutenant Governor of the Province of Nova Scotia, to the Board, dated Halifax, November 13th, 1780, acquainting their Lordships, that in consequence of what they had been pleased to signify to him, in their observations on an Act passed in that Province for appointing Sheriffs, etc., he had sent a message to the Assembly respecting the provision, which their Lordships suggested, as necessary to be made to the person having the patent for the office of Provost Marshal, previous to the said Act being laid before his Majesty for confirmation; and that the Assembly had thereupon assigned Mr. Fenton a pension of one hundred pounds per annum, to take place as soon as the Act should be in force, with which he is well satisfied; but as the present state of some of the distant counties of that Province do not afford proper persons to put into the office of Sheriff, he requests their Lordships will not as yet move his Majesty as to the said Act. This letter also inclosed,
Return of British spirits and rum imported from Great Britain and the West Indies, and British Colonies from 1772 to 1780.

fo. 12.

It appearing to the Board, that the objection stated was not of sufficient importance to delay their recommending the Act beforementioned for confirmation, as one Sheriff might for the present, or during the existence of the circumstances which occasioned the objection, be appointed to act for two or more contiguous counties; and more especially as the Assembly, in compliance with the recommendation of the Board, had in fact concluded an agreement with Mr. Fenton, on the faith of which he had withdrawn with his family from that Province; which agreement, until the Act is confirmed, cannot take place; It was therefore ordered, that the draught of a representation to his Majesty, proposing the confirmation of the said Act, be prepared; and likewise, that the draught of a letter to Sir Richard Hughes should be prepared, acquainting him with the opinion of the Board thereupon.

fo. 13.

Senegambia.

Read a letter from Mr. Bullock, agent for the Province of Senegambia, to Mr. Elliott, dated December 18th, 1780, desiring that he will inform the Board, that the reasons for withholding the arrears of salary due to Matthias McNamara, esquire, late Lieutenant Governor of that Province, has been in consequence of a letter he received from Mr. Cumberland, directing him to suspend all future payments to Mr. McNamara.

Ordered, that Mr. Elliott do write to Mr. Bullock, desiring him to transmit a copy of the letter which he mentions to have received from Mr. Cumberland.

Nova Scotia, Georgia.

fo. 14.

East Florida, West Florida.

St. John's, Plantations General.

The estimates of such sums as will be necessary for the support of the civil establishments of the Nova Scotia, Georgia, East Florida, West Florida, and the Island of St. John in North America; and for continuing the service of the general Surveys of his Majesty's Dominions in North America for the year 1781, having been prepared pursuant to order, Mr. de Grey was desired to present them to the House of Commons.

Plantations General.

Read a letter from Mr. Stephens to Mr. Elliott, dated December 28th, 1780, acknowledging the receipt of his letter of the 21st December, signifying the desire of the Board, for a communication of the instructions given to Governors in the Colonies for their guidance in granting letters of marque; and transmitting, by directions of the Lords of the Admiralty, for the information of the Lords of Trade,
fo. 15.
Copy of the warrant given by the Lords of the Admiralty to Governors in the Colonies, empowering them to issue letters of marque.
Copy of his Majesty's Commission referred to in the said warrant.
Copy of his Majesty's instructions to the Commanders of vessels who shall have letters of marque.

Bahamas.

fo. 16.

Turks' Islands.

Read a memorial of Andrew Symmer, esquire, agent for Turks' Islands, to the Board, stating, that he hath been informed, that his memorial to Lord George Germain, together with his plan and estimate for Turks' Islands, and the necessary regulations for the settlers thereon, have been referred, by his Majesty's commands, to the consideration of their Lordships; and praying that they will, all convenient dispatch, consider the several matters recommended by his Majesty to their attention, as those very valuable and important objects to the trade of this Kingdom, will be lost to his Majesty's subjects, unless speedy and effectual measures are taken.

Resolved, that the consideration of the several papers respecting Turks' Islands, referred to this Board on the 19th December last by his Majesty's commands, be taken up on the 6th day of February next.

Bahamas.

fo. 17.

Their Lordships, pursuant to their resolution of the 19th instant, having taken into consideration the complaints exhibited against Montfort Browne, esquire, late Governor of the Bahama Islands, and his defence thereto; and having spent some considerable time therein, it was ordered, that the draught of a representation to his Majesty thereupon should be prepared.

Miscellanies.

Mr. Elliott having acquainted their Lordships, that he had, for reasons which he stated, found himself constrained to exercise the power given to the Secretary by suspending Mr. William Hughes, one of the clerks in their Lordships' office, the Board was pleased to confirm the said suspension.

fo. 18.

Wednesday, January 24th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Sloane.

The minutes of the last Board were read, approved and signed.

Africa.

fo. 19.

Their Lordships being informed, that Mr. Shoolbred with his counsel, Mr. Bearcroft and Mr. Erskine; and Mr. Arden, counsel for the complainants in the adjourned hearing against Mr. Shoolbred, attended pursuant to order of the 19th instant, they, together with several other gentlemen, were called in, and Mr. Bearcroft was heared in further defence of Mr. Shoolbred; after which Mr. Vaughan was sworn and examined; and Mr. Arden having been heared in reply, the parties having nothing further to offer, withdrew.

Resolved, that the several matters relative to the hearing abovementioned be taken into consideration on the 29th instant.

Miscellanies.

Read a petition of Mr. William Hughes, one of the clerks in this office, to the Board, praying that their Lordships will be pleased to overlook the occasion which had caused their displeasure, and that he may be restored to the place, from which they had been pleased to suspend him.

fo. 20.

Mr. Hughes being called in, Lord Grantham acquainted him, that he was sorry for the occasion which led him to present the petition beforementioned; but in consideration of his resolution to conduct himself with propriety and diligence in his office for the future, the Board were pleased to grant his request, by restoring him to the exercise of the duties of office.

Nova Scotia.

The draught of a representation to his Majesty recommending the confirmation of an Act passed in Nova Scotia in June, 1778, for appointing Sheriffs, etc., having been prepared pursuant to order of the 19th instant, was approved, transcribed and signed.

Senegambia.

Mr. Elliott acquainted the Board, that pursuant to order of yesterday, he had written to Mr. Bullock, requesting a copy of the letter he mentions to have received from Mr. Cumberland respecting Mr. McNamara.

fo. 21.

Friday, January 26th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

The minutes of the last Board were read, approved and signed.

Bahamas.

The draught of a representation to his Majesty upon the complaints exhibited against Montfort Browne, esquire, having been prepared pursuant to order, was approved, and ordered to be transcribed.

Leeward Islands.

fo. 22.

Read a letter from William Mathew Burt, esquire, Governor of the Leeward Islands, to the Board, dated Antigua, September 26th, 1780, acquainting their Lordships of his concern, at finding himself under the necessity of laying before them a correspondence occasioned by an unparalleled and unprovoked indignity offered to him by Mr. Wolrond, one of the assistant Justices of that Island; and transmitting the following papers relative thereto, vizt.,
Copy of a letter from Governor Burt to Main Swete Wolrond, esquire, dated Antigua, September 5th, 1780, desiring the Commissions he holds under the Governor may be sent to him.
fo. 23.
Copy of a letter from Governor Burt to Main Swete Wolrond, esquire, dated Antigua, September 5th, 1780, acquainting him, that the Commissions he held under the Governor were military; but as he has thought fit to send his Commission of assistant Justice, which is held by patent, he accepts also of that Commission, and resignation of the Seal as assistant Justice.

Antigua.

Read a letter from William Mathew Burt, esquire, Governor of the Leeward Islands, to the Board, dated Antigua, October 21st, 1780, transmitting several papers relative to his dispute with Mr. Wolrond, vizt.,
Copy of President Jarvis' letter to Governor Burt, dated Antigua, September 28th, 1780.
Copy of a letter from the Committee of the Assembly of Antigua to Governor Burt, dated October 9th, 1780.
Copy of a memorial of Main Swete Wolrond, esquire, to the House of Representatives, dated Antigua, September 28th, 1780.
fo. 24.
Copy of a letter from Governor Burt to the Committee of the House of Assembly, dated Antigua, October 10th, 1780.
Copy of a letter from Governor Burt to President Jarvis, dated Antigua, October 10th, 1780.
Copy of a letter from Governor Burt to the Committee of the House of Assembly, dated Antigua, October 12th, 1780.
Copy of a letter from Governor Burt to the Speaker and gentlemen of the Assembly, dated Antigua, October 12th, 1780.
Copy of the resolution of his Majesty's Council of Antigua, October 17th, 1780.

fo. 25.

Read a letter from William Mathew Burt, esquire, Governor of the Leeward Islands, to the Board, dated Antigua, October 11th, 1780, acquainting their Lordships, that he finds great difficulty in obtaining the several publick papers required of him; that disregard has been paid to his appointment of a new clerk to the Assembly of St. Christopher's; that he has filled the vacancies in the Courts of Justice by the appointment of Messieurs Le Gay and Musgrave; that, in obedience to the 31st article of Instructions, he acquaints their Lordships, that no manufacture, except one sugar house in Antigua, exists in his Government; neither does he know of any trades, except such as are absolutely necessary, as blacksmiths, carpenters, masons, etc., and that the high duties on indigo has annihilated the indigo plantations. This letter also contains Governor Burt's observations on two Acts, passed in Antigua, which are transmitted herewith, together with the following publick papers, vizt.,
fo. 26.
Copy of a circular letter from Governor Burt to the Presidents of the Islands under his Government, requiring copies of publick papers, dated Antigua, July 26th, 1780.
Copy of a letter from Governor Burt to the President of St. Christopher's, respecting the appointment of a clerk to the Assembly, dated Antigua, September 11th, 1780.
Antigua.
Two Acts passed in the Island of Antigua in April, 1780, vizt.,
An Act to repeal an Act intituled, An Act declaring the several articles Martial Law shall consist of, dated the 8th day of June in the year of our Lord 1702.
An Act to alter and amend an Act intituled, An Act for regulating the Militia of this Island, and for the further regulation of the said Militia, and fixing and appointing the times when Martial Law shall be in force in this Island, and declaring and establishing rules and articles of war for the better government of the said Militia.
fo. 27.
Nevis.
Minutes of Council of the Island of Nevis from the 6th of October, 1778 to the 6th of March, 1779; from the 1st of April to the 1st of October, 1779; and from the 1st of October, 1779 to the 1st of April, 1780.

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

Virgin Islands.

fo. 28.

Nevis.

Their Lordships observing, that no mention is made in Governor Burt's letters of the situation of the Virgin Islands, respecting their internal regulation of government, it was ordered, that the draught of a letter to Governor Burt should be prepared, acquainting him with the receipt of the letters beforementioned, and that the several matters therein communicated shall be considered; and directing him to acquaint the Board, by the earliest opportunity, with whatever may have come to his knowledge of the proceedings of the Legislature of those Islands respecting the Act for quieting possessions, and for establishing Courts of Judicature, their Lordships having been informed those Acts have been passed by that Legislature. And that he will transmit the proceedings in Council and Assembly thereupon, in order that the Board may proceed to the intended consideration of the state of those Islands. It was also ordered, that Governor Burt be desired to inform the Board, of the result of his enquiry into the conduct of the judges at Nevis, agreable to the wishes expressed on that subject in the Board's letter of the 5th of October last.

fo. 29.

Monday, January 29th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Sloane, Mr. Langlois.

The minutes of the last Board were read, approved and signed.

Bahama.

The draught of a representation to his Majesty upon the complaints exhibited against Montfort Browne, esquire, late Governor of the Bahama Islands, by Lieutenant Governor Gambier and some of the members of the Council of those Islands, having been transcribed, pursuant to order of the 26th instant, was signed.

fo. 30.

Leeward Islands.

The draught of a letter to Governor Burt, requiring him to transmit such information as may have come to his knowledge of any internal regulations made by the Legislature of those Islands, having been prepared, pursuant to order of the 26th instant, was approved, transcribed and signed.

St. John's.

Read a letter from Mr. Knox to Mr. Elliott, dated January the 10th, 1780, transmitting, by direction of Lord George Germain, to be laid before the Board, attested copies of nine Acts passed in the Island of St. John in July, 1780, together with copy of a letter from Governor Patterson to Lord George Germain, vizt.,
An Act for the due observance of the Lord's Day.
An Act to regulate the salmon, salmon trout, and eel fisheries.
An Act directing the proceedings against forcible entry and detainer.
fo. 31.
An Act to prevent cutting pine or other timber trees without permission of the proprietor, and to prevent the cutting down or otherways destroying of fences.
An Act for appointing the recording of all deeds of sale, conveyances and mortgage.
An Act to enable proprietors to divide their lands held in common, and ascertaining the mode of carrying said purposes into execution.
An Act to enable his Excellency, the Governor or other Commander in Chief to lease out certain parts of the common of Charlotte Town rent free for the space of ten years.
An Act for altering the name of this Island from Saint John to that of New Ireland.
An Act for establishing and regulating a Militia.
fo. 32.
Copy of a letter from Governor Patterson to Lord George Germain, dated St. John's, July 30th, 1780, containing his observations on the Acts beforementioned.

Read a letter from Mr. Knox to Mr. Elliott, dated January 16th, 1781, transmitting, by direction of Lord George Germain, copies of the correspondence with Governor Patterson, relative to his leave of absence from his Government, and orders for his returning thither, for the information of the Lords of Trade, vizt.,
Copy of a letter from Governor Patterson to Lord Dartmouth, dated St. John's, September 2nd, 1774.
Copy of a letter from Lord Dartmouth to Governor Patterson, dated February 1st, 1775.
Copy of leave of absence to Walter Patterson, esquire.
Copy of Lord George Germain's letter to Governor Patterson, dated April 10th, 1777.
Copy of Lord George Germain's letter to Governor Patterson, 7th May, 1778.

fo. 33.

Read a letter from Mr. John Patterson to Mr. Elliott, dated Londonderry, January 12th, 1781, desiring that he will acquaint the Board, that, by a letter he has received from Governor Patterson, dated 12th of October, 1780, it appears that Mr. Callbeck has given him a full acquittance from all claim on account of the salary in dispute between them; and that Governor Patterson has sent home the said acquittance, and has requested Mr. Stuart, the provincial agent, to lay the same before their Lordships; which he hopes when done, will induce them to dismiss Mr. Coffin's memorial on that subject.

fo. 34.

Mr. Elliott laid before the Board a paper, purporting to be the acquittance of Phillips Callbeck, esquire, of all claim to any part of the salary, etc., during the absence of Walter Patterson, esquire, from his Government. Dated at Charlotte Town, St. John's, September 20th, 1780.

It appearing to their Lordships, that the said paper was a full discharge to Governor Patterson of the claim said to be set up by Mr. Callbeck; and the persons attending on the part of Mr. Callbeck having declared they were satisfied therewith, it was ordered, that the hearing appointed for this day on the subject of the said claim should be dismissed; and that a copy of the acquittance beforementioned should be taken, to be preserved in the office, as a foundation for their Lordships not proceeding further in the claim set up on behalf of Mr. Callbeck.

fo. 35.

Jamaica.

Read a letter from Mr. Stephens to Mr. Elliott, dated Admiralty Office, January 11th, 1781, transmitting, by directions of the Lords of Admiralty, in conformity to the desire of the Board, several copies and original papers relative to the displacing Mr. Harrison from the office of Advocate General of the Vice Admiralty Court of Jamaica, and requesting, that the original papers may be returned to him, vizt.,
Letter from Governor Dalling to the Earl of Sandwich, dated Jamaica, January 27th, 1780.
Letter from Governor Dalling to Mr. Stephens, dated Jamaica, May 20th, 1780.
Letter from Governor Dalling to Mr. Stephens, dated Jamaica, 26th May, 1780, inclosing,
Reasons for Mr. Harrison's suspension from the office of Advocate General.
Memorial of James Bartlett in behalf of himself and other officers and soldiers of the Bay of Honduras.
Letter from Mr. Barry, Secretary to Governor Dalling, to Mr. Stephens, dated June 3rd, 1780, inclosing,
Further reasons for the suspension of Mr. Harrison from the office of Advocate General.
fo. 36.
Letter from Mr. Barry, Secretary to Governor Dalling, to Mr. Stephens, dated June 23rd, 1780, inclosing,
Proceedings of Mr. Harrison in the Court of Vice Admiralty and Supreme Court.
The pretended Order alluded to by Mr. Harrison in his printed publication.
Censure of the Court on Mr. Harrison.
Letter from Mr. Harrison to Lord Sandwich, dated Jamaica, January 28th, 1780, inclosing,
Copy of a letter from Mr. Bartlett to Mr. Harrison, dated January 22nd, 1780.
Copy of a note from Messieurs Lion, Ridge and Milward to Mr. Harrison, dated 22nd January, 1780.
fo. 37.
Copy of Mr. Harrison's letter to Governor Dalling, dated 22nd January, 1780.
Affidavit of Mr. James Bartlett, sworn January 22nd, 1780.
Copy of Governor Dalling's letter to Mr. Harrison, dated January 22nd, 1780.
Copy of Mr. Harrison's letter to Governor Dalling, January 22nd, 1780. N.B. Second letter of this date.
Letter from Mr. Harrison to Mr. Stephens, dated Jamaica, June 1st and 2nd, 1780, inclosing,
Proceedings in the Supreme Court in June, 1780.
Mr. Harrison's claim, and the Judge's order thereupon.
The documents to which Mr. Harrison's claim refers.
Mr. Harrison's protest to the Judge's order.
Letter from Mr. Harrison to Mr. Stephens, dated Jamaica, June 22nd, 1780.
fo. 38.
Copy of a letter from Mr. Stephens to Governor Dalling, dated April 5th, 1780.
Copy of a letter from Mr. Stephens to Mr. Harrison, dated April 5th, 1780.
Copy of a letter from Mr. Stephens to Governor Dalling, dated September 28th, 1780.
Copy of a letter from Mr. Stephens to Mr. Harrison, dated September 28th, 1780.
Copy of a letter from Mr. Stephens to Mr. Brownrigg, Judge of the Vice Admiralty Court at Jamaica, dated September 28th, 1780.

fo. 39.

Read a letter from Mr. Knox to Mr. Elliott, dated January 16th, 1781, transmitting, by direction of Lord George Germain, for the information of the Lords Commissioners for Trade and Plantations, copies of such letters as have been received, or written by his Lordship, on the subject of the displaced assistant Judges of the Supreme Court in Jamaica, and of Mr. Harrison, Advocate General of that Island.
Extract of a letter from Governor Dalling to Lord George Germain, dated Jamaica, January 28th, 1780, on Mr. Harrison's resignation of the office of Attorney General, and his appointment of Mr. Sewell.
Letter from Governor Dalling to Lord George Germain, dated Jamaica, April 14th, 1780, on the conduct of the late Attorney General, and inclosing,
Copy of a letter from Mr. Barry to Mr. Brownrigg, dated April 14th, 1780.
Copy of a letter from Mr. Brownrigg to Mr. Barry, dated April 14th, 1780.
Letter from Mr. Harrison to Lord George Germain, dated Jamaica, January 28th, 1780.
Letter from Mr. Harrison to Lord George Germain, dated Jamaica, February 10th, 1780, inclosing,
fo. 40.
Copy of Mr. Robinson's letter to Mr. Harrison, dated Kingston, December 27th, 1779.
Copy of Mr. Harrison's letter to Dr. Robinson, agent for the captors, dated December 29th, 1779.
Proceedings in the Vice Admiralty Court in Jamaica, 7th February, 1780.
Letter from Mr. Harrison to Lord George Germain, dated Jamaica, April 6th, 1780, relative to the state of the dispute between the Crown and the Squadron.
Letter from Mr. Harrison to Lord George Germain, dated Jamaica, June 2nd, 1780.
Copy of a letter from Mr. Stephens to Mr. Knox, dated April 5th, 1780, acquainting him, for the information of Lord George Germain, that the Lords of the Admiralty had disapproved of the removal of Mr. Harrison from the office of Advocate General.
fo. 41.
Extract of Lord George Germain's letter to Governor Dalling, dated April 5th, 1780, transmitting copy of the letter beforementioned.
Copy of Lord George Germain's letter to Mr. Harrison, dated April 5th, 1780, accepting his resignation of the office of Attorney General of Jamaica.
Extract of a letter from Lord George Germain to Governor Dalling, dated June 6th, 1780, directing, that Mr. Harrison's official situation being settled, any further communication from him should be transmitted as a part of Governor Dalling's correspondence.
fo. 42.
Copy of a letter from Lord George Germain to the assistant Judges of Jamaica, dated August 31st, 1780, acquainting them, that the King had referred their petition to the consideration of the Lords of Trade; but as no authentic copies of the proceedings in the Supreme Court respecting Mr. Harrison, which ought to have accompanied their petition, had been received, their Lordships must suspend their examination until they are transmitted, which Governor Dalling has been directed to do.
Copy of a letter from Lord George Germain to Governor Dalling, dated September 6th, 1780, requiring a speedy communication of the whole proceedings in the Supreme Court, duly authenticated.
N.B. Several other papers were transmitted in Mr. Knox's letter, but they being duplicates of those received from Mr. Stephens, are not entered.

fo. 43.

It appearing to their Lordships by Lord George Germain's letter to Governor Dalling of the 6th of September, 1780, that his Lordship had directed Mr. Dalling to transmit copies, duely authenticated, of the whole proceedings in the Supreme Court relative to the displacing of Mr. Harrison, they are of opinion, that the consideration of the memorial of the assistant Judges of Jamaica and of the matter relative to Mr. Harrison, must necessarily be postponed, until Governor Dalling's answer to Lord George Germain's letter shall be received, and the copies of the proceedings thereby required, shall be laid before this Board.

Ordered, that copies be made of the original papers received from Mr. Stephens relative to the displacing of Mr. Harrison, to be preserved amongst the records of the office, and, that the original papers may be returned to Mr. Stephens, agreable to his request.

Nova Scotia.

fo. 44.

Read a letter from Mr. Robinson to Mr. Elliott, dated December 31st, 1780, transmitting, by direction of the Lords of his Majesty's Treasury, copies of several letters from Mr. Crawford, Deputy Commissary for the troops in Nova Scotia, with inclosures, relative to a demand made for duties on rum and molasses imported there for the use of the troops; and acquainting him, for the information of the Lords of Trade, that all rum, brandy, wine and other supplies furnished in Great Britain and Ireland for the use of the Fleet and Armies of his Majesty are free and exempted from all duties, being for the public service; and submitting to the Lords of Trade, whether similar directions should not be given in respect to his Majesty's colonies, and some proper provision made for this purpose, if necessary, by the laws to be passed in each colony, or to explain and amend the laws in this respect within the colony of Nova Scotia, if a law has already passed and been approved of here, which imposes a duty on such supplies.

The papers transmitted are, vizt.,
fo. 45.
Copy of a letter from Mr. Crawford to Mr. Robinson, dated Halifax, Nova Scotia, May 16th, 1780.
Copy of a second letter from Mr. Crawford to Mr. Robinson, dated Halifax, May 16th, 1780.
Copy of a memorial of Mr. Crawford to Brigadier General Maclean, Halifax, March 7th, 1780.
Copy of the resolutions of the Lieutenant Governor and Council of Nova Scotia, April 17th, 1780.
Copy of a letter from Mr. Brenton, Attorney General, to Mr. Crawford, dated Halifax, March 27th, 1780.
Copy of a letter from Mr. Crawford to Mr. Robinson, dated September 16th, 1780.
Copy of a bond given by Mr. Crawford for payment of the duties, dated July 27th, 1780.

fo. 46.

Read a letter from Mr. Knox to Mr. Elliott, dated January 29th, 1780, acquainting him, by direction of Lord George Germain, for the information of the Lords of Trade, that Mr. Robinson having, by his letter of the 29th December last, transmitted copies of several papers relative to a demand made by the Revenue officers of Nova Scotia of a duty imposed by Act of Assembly on rum and molasses imported for the use of the King's troops; and that Lord George Germain having likewise received a letter from Brigadier General Maclean on that subject, he is directed by his Lordship to transmit the said papers to be laid before the Lords of Trade for their consideration, as Lord George Germain conceives the Act of Assembly, which imposes the duty complained of, is now before their Lordships.

The papers transmitted, exclusive of 4 papers which are duplicates of those received from Mr. Robinson, are, vizt.,
fo. 47.
Copy of a letter from Brigadier General Maclean to Lord George Germain, dated Halifax, November 20th, 1780.
Copy of a letter from Mr. Robinson to Mr. Knox, dated Treasury Chambers, December 29th, 1780.
Copies of letters from John Crawford, esquire, to John Robinson, esquire, of the dates of May 16th, July 7th and September 16th, 1780.
Copy of a letter from Mr. Crawford to Mr. Robinson, dated Halifax, November 18th, 1780.

Resolved, that the matter referred in the letters of Mr. Knox and Mr. Robinson of the 31st of December, and 29th January be taken into consideration on the 2nd of next month.

Read a letter from Mr. Thompson to Mr. Elliott, dated January 25th, 1780, transmitting, by direction of Lord Germain, to be laid before the Board,
fo. 48.
Authentic copies of two Acts passed in Nova Scotia in November, 1780, vizt.,
An Act for limiting the duration of general Assemblies in this Province.
An Act for raising the sum of £1500 by lottery for the building a public school at Halifax.
List of laws passed in the General Assembly of Nova Scotia commencing the 9th day of October and ending the 3rd day of November, 1780.
Estimate of the charge of maintaining and supporting the Civil Establishment of his Majesty's Colony of Nova Scotia for the year 1781.
fo. 49.
Duplicate of a letter from Sir Richard Hughes, baronet, Lieutenant Governor of Nova Scotia, to Lord George Germain, dated November 7th, 1780, transmitting the abovementioned Acts and papers, and acquainting his Lordship, that he hath received several Acts passed in the last session of Parliament; and an additional instruction for ships of war and privateers.

Nova Scotia, St. John's.

Ordered, that the Acts of Nova Scotia and those of the Island of St. John, mentioned in this minute, be sent to Mr. Jackson, for his opinion thereupon in point of law.

Africa.

The Board then proceeded to consider the evidence produced on the 19th and 24th days of this instant, in support of the complaints against John Shoolbred, esquire; and also what was offered in his defence, together with the argument of the counsel for the respective parties; and having spent some time therein, their Lordships came to the following determinations thereupon, vizt.,

fo. 50.

That the charges made against Mr. Shoolbred were comprized under the two following heads,

First, That he had procured himself to be chosen one of the Committee of the Company of Merchants trading to Africa, he being a person that ought not to have been chosen to that office; or being chosen, ought not to have acted therein, he being, previous to his election, charged by the Attorney General as a party in a certain information directed to be filed against him, and Richard Miles, as a security for, and having colluded and confederated with the said Miles.

fo. 51.

Secondly, That he did move for and procure a majority of the said Committee to act with him therein, that the proceedings in the abovementioned informations as well as others directed to be filed against certain other persons, supposed to be delinquents, should be stopped.

That upon the first of these heads their Lordships are of opinion, that if the complainants meant to infer from the first part of their charge, that Mr. Shoolbred had exerted undue influence, or pursued corrupt measures, in order to be elected one of the Committee, no evidence was offered to them in support thereof; on the contrary it was proved, that he was solicited to offer himself as one of the said Committee. That as the Act of 23rd George 2nd does not disqualify persons being security for, or in anywise connected in trade with the servants of the Company upon the coast of Africa, from being of the Committee, Mr. Shoolbred was eligible, and that being chosen, he was of course free to act.

fo. 52.

With respect to the second head, their Lordships are of opinion, there appeared some doubt whether Mr. Shoolbred was, in fact, the first mover of the resolution, to suspend the proceedings upon the informations in question, although the written motion for that purpose was drawn up by him, and which seems to have been done, in consequence of the opinion of the majority of the Committee, and upon a full conversation in the Committee upon the subject.

That the influence urged to be exerted by Mr. Shoolbred with the other members of the Committee who concurred in opinion with him was not proved; and was denied by such of them who were examined. And it is their Lordships opinion, that this question stands upon the single ground of the propriety and expediency of the measure itself.

fo. 53.

Upon this their Lordships think the proceedings upon the informations might and ought to have been carried on, notwithstanding the arrival of Mr. Miles in England was soon expected, which was the ostensible reason assigned for suspending them, as his answer could not possibly have been expected, or insisted upon during his absence, and the other parties being upon the spot, might have put in their answers immediately. However, as it appears, by the face of the resolution itself, that the suspension was only temporary, and the Committee, by their counsel, gave assurances that they did not mean to prevent the proceedings from going on; upon these considerations their Lordships do not think there is sufficient ground for them to remove Mr. Shoolbred from his seat in the Committee.

fo. 54.

Their Lordships at the same time recommend to the Committee, to direct the said informations to be proceeded upon without delay. This recommendation their Lordships press the more earnestly, as there appears to them, an absolute necessity of putting some final end to the claims, that have been for some years past made upon the public, by the servants upon the coast, for advances alledged to have been made by them, and which has by degrees accumulated to a considerable sum; as well as to the repeated and acrimonious altercations that have arisen thereupon. This their Lordships conceive can only be done by a legal and conclusive decision, which the proceedings in question must naturally produce. And their Lordships ordered, that a copy of this minute be delivered to the parties; and that a copy be also transmitted to the Committee of the Company of Merchants trading to Africa.