BHO

Journal, February 1781: Volume 88

Pages 375-396

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, February 1781

fo. 55.

Friday, February 2nd. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane, Mr. Langlois.

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

Grenada, Tobago.

fo. 56.

Their Lordships took into consideration his Majesty's commands, signified by Lord George Germain, in his letter to the Board of the 12th of October last, directing this Board to take the necessary steps for providing another Seal for the Government of the Grenades, of which Tobago is a part, to be used in lieu of the Great Seal of that Government taken by the enemy; and Mr. Elliott was directed to desire the attendance of Mr. Major, the Seal Engraver, on Tuesday next at one o'clock.

Read a letter from George Ferguson, esquire, Lieutenant Governor of the Island of Tobago, to the Board, dated August 28th, 1780, assuring their Lordships, that he will strictly comply with the orders contained in their letter of the 11th of May, and transmitting,
Minutes of the Council of State from 23rd of February to 11th of July, 1780.
Minutes of the Legislative Council from 10th of April to 16th June, 1780.
Minutes of Assembly from 10th April to 17th June, 1780.
State of the Island of Tobago.

fo. 57.

Read a letter from Lieutenant Governor Ferguson to the Board, dated Tobago, November 12th, 1780, acquainting their Lordships, that he has been under the necessity of suspending Messieurs Gilbert and Peter Francklyn from their seats in Council, until he shall receive their Lordships' orders respecting them; and stating the reasons which induced him to that step. With this letter Lieutenant Governor Ferguson transmits the following papers, vizt.,
Copy of Lieutenant Governor Ferguson's speech to the Assembly of Tobago.
Copy of the address of the Assembly of Tobago to the Lieutenant Governor.

Resolved, that the two foregoing letters be considered on the day of

fo. 58.

Nova Scotia.

fo. 59.

Their Lordships, upon consideration of the case referred by the Lords of the Treasury, and the Secretary of State for the American Department, mentioned in the minutes of the 29th of last month, respecting a demand made by the Revenue officers in Nova Scotia on Mr. Crawford, Deputy Commissary for the troops in that Province, for duties on rum and molasses imported for the use of the troops, were of opinion, that the Lieutenant Governor of Nova Scotia be instructed to recommend the Legislature of that Province, to pass an Act, for amending and explaining the different Acts imposing duties on rum and molasses imported, so far as to exempt from duty those articles which may be actually and bonâ fide imported for the use of his Majesty's troops in that Province; guarding at the same time, against any malpractice or imposition on the part of the persons importing the same. The Board were further of opinion, that goods actually imported by private persons, and afterwards purchased by the Deputy Commissary, for the use of the troops, could not be considered as coming within the usual exemptions in cases of importation.

Mr. Elliott was directed to write to Mr. Robinson and Mr. Knox, acquainting them with the opinion of the Board upon this matter, for the information of the Lords of the Treasury and Lord George Germain:

And also that the draught of a letter to Sir Richard Hughes, baronet, Lieutenant Governor of Nova Scotia, be prepared, recommending his attention to the foregoing opinion.

fo. 60.

Read a letter from Lieutenant Governor Hughes to the Board, dated Halifax, November 20th, 1780, recommending the case of Mr. Jonathan Binney to their Lordships' attention.

Quebec.

Read a letter from Mr. Thompson to Mr. Elliott, dated January 26th, 1780, transmitting, by direction of Lord George Germain, to be laid before the Board,
Authentic copies of four ordinances passed by the Governor and Legislative Council of Quebec in March and April, 1780, vizt.,
An ordinance describing the persons who shall be deemed forestallers, regrators and ingrosers in this Province, and infliciting punishments upon those who shall be found guilty of such offences; passed April 12th, 1780.
An ordinance to prohibit for a limited time the exportation of wheat, pease, oats, biscuit, flour or meal of any kind; also of horned cattle, and thereby to reduce the present high price of wheat, flour, etc.; passed March 9th, 1780.
fo. 61.
An ordinance for the regulation [of] an establishment of fees; passed March 9th, 1780.
An ordinance for regulating all such persons as keep horses and carriages to let and hire for the accommodation of travellers, commonly called and known by the name of Maîtres de Poste; passed March 9th, 1780.
Copy of the minutes of the Council of Quebec, from the 25th of to the 15th of October, 1780.
Copy of the Journal of the Legislative Council of Quebec in the 1st and 2nd sessions, commencing the 27th of January and ending the 12th of April, 1780.
Copy of the address of the Legislative Council to Governor Haldimand, 7th March, 1780.
List of the causes adjudged in the Court of Appeals from the 1st of May, 1775, to the 2nd of March, 1780.
fo. 62.
Copy of Mr. Finlay's opinion, upon the question, whether it is expedient to put in execution his Majesty's additional Instruction to his Excellency, the Governor, dated in July last, requiring alterations to be made in the Courts of Appeals and Common Pleas, dated February 14th, 1780.
Copy of Mr. Pownall's answer to Colonel Caldwell's motion relative to the King's instructions, dated February 13th, 1780.
Copy of Mr. Allsop's opinion concerning his Majesty's additional instructions of the 14th July, 1779.
Copy of Mr. Grant's advice and opinion respecting his Majesty's additional instruction of July, 1779, dated February 14th, 1779.
Copy of two opinions of the Attorney General on questions put to him by the members of the Legislative Council respecting the price of wheat and flour, dated 17th February, 1780.
fo. 63.
Copy of Mr. Williams' opinion on a question put to him by the Governor respecting the price of wheat and flour, dated 12th of April, 1780.
Copy of the reasons of dissent by some members who voted for fixing the price of wheat and flour by ordinance for a limited time, dated 10th April, 1780.
Printed ordinances made and passed by the Legislative Council of Quebec from the 31st October, 1778, to the 11th April, 1780.
fo. 64.
Duplicate of a letter from Governor Haldimand to Lord George Germain, dated Quebec, October 25th, 1780, acquainting his Lordship with the state of the civil government of that Province in general, accompanied with full observations on the ordinances and papers transmitted, together with a variety of matter relative to the affairs of that Province.

It appearing by the said letter, that Governor Haldimand had thought fit to withhold from the Legislative Council two of his instructions, and that he would communicate his reasons for so doing to the King, Mr. Elliott was directed to write to Mr. Thompson, desiring him to move Lord George Germain for a communication of such reasons as may have been given by Governor Haldimand for his conduct in this particular.

Barbados.

Read a letter from James Cuninghame, esquire, Governor of the Island of Barbados, to the Board, dated Pilgrim, September 22nd, 1780, transmitting duplicates of public papers received from President Dotin, mentioned in the minutes of

fo. 65.

Read a letter from Governor Cuninghame to the Board, dated Barbados, November 2nd, 1780, acquainting their Lordships, that the distrest state of the Island had prevented his correspondence with the Board as often as he wished; That the deputies of the patentees frequently neglect their duty in furnishing him with copies of the publick papers; and that the Assembly continue to decline passing a levy Bill.

Read a letter from Mr. Knox to Mr. Elliott, dated February 1st, 1781, transmitting, by direction of Lord George Germain, for the consideration of the Board,
Copy of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, October 2nd, 1780, recommending to the attention of his Lordship an Act passed in that Island in July, 1769, and inclosing
fo. 66.
Copy of an Act for raising a further additional levy on the inhabitants for the purposes therein mentioned, passed the 26th July, 1779.

Resolved, that the said Act be considered on the day of

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

Africa.

Read a letter from Mr. Rutherford to Mr. Cumberland, dated January 31st, 1781, transmitting, by direction of the African Committee, to be laid before the Board,
Copy of an intended petition of the Committee of the Company of Merchants trading to Africa, to the House of Commons.

fo. 67.

Mr. Elliott acquainted the Board, that he had, pursuant to order of the 29th of last month, written, under date of the 1st instant, to the Committee of the Company of Merchants trading to Africa, transmitting a copy of the minute of the 29th of January, relative to the complaints against Mr. Shoolbred.

Miscellanies.

The Board finding it necessary to recommend to the clerks a strict attention to the duties of office, and in particular, that the entries in their several departments should be regularly kept up, and examined, they were called in, and it was accordingly recommended to them.

fo. 68.

Tuesday, February 6th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

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

Grenada, Tobago.

Mr. Elliott acquainted the Board, that Mr. Major, the Seal Engraver, whom their Lordships had ordered to attend with the impression of the Great Seal of the Government of the Grenades, had requested permission to postpone his attendance until next Board day, on account of a previous indispensible engagement.

fo. 69.

Read a letter from Lord George Germain to the Board, dated February 2nd, 1781, acquainting their Lordships, that the application of Lieutenant Governor Ferguson to the Assembly of Tobago for the continuance of the salary to the Commander in Chief, which the Island had granted to Lord Macartney, as stated in the extract of Lieutenant Governor Ferguson's letter herewith transmitted, appearing to the King reasonable and proper, his Majesty has signified his pleasure, in order to obviate the objections made by the Assembly, that this Board do prepare the draught of an instruction, for his Majesty's approbation, authorizing and directing Lieutenant Governor Ferguson to apply for a grant of the said salary from the Assembly of Tobago, for the Commander in Chief of the said Island for the time being;
Extract of a letter from Lieutenant Governor Ferguson to Lord George Germain, dated Tobago, October 16th, 1780.

Tobago.

Ordered, that the draught of an instruction to Lieutenant Governor Ferguson be prepared, pursuant to his Majesty's commands.

fo. 70.

Senegambia.

Read a letter from Mr. Bullock to Mr. Elliott, dated Caversfield, January 27th, 1781, in answer to his letter of the 23rd of January; and annexing a copy of the letter he received from Mr. Cumberland, directing him to retain in his hands such part of the salary of the Superintendent of Trade for the Province of Senegambia, as may have become due since the departure of Lieutenant Governor McNamara from that Province.

Ordered that Mr. Elliott do write to Mr. Bullock, acquainting him, that the Board, upon consideration of the application of Matthias McNamara, esquire, late Superintendent of Trade in the Province of Senegambia, for the salary due to him in that capacity to the time of his dismission, are of opinion, that the arrears of salary due to him to that period should be paid.

fo. 71.

Quebec.

Mr. Elliott acquainted the Board, that, pursuant to order of the 2nd instant, he had on the 3rd written to Mr. Thompson, and had received the following letter in answer thereto, vizt.,

Letter from Mr. Thompson to Mr. Elliott, dated February 3rd, 1781, acquainting him, by direction of Lord George Germain, for the information of the Lords of Trade, that Governor Haldimand had not yet given any other reasons for his conduct in withholding two of his instructions from the Legislative Council of Quebec, than those which are stated in his letter of the 25th of October, duplicate of which has been transmitted to the Board.

Resolved, that the papers relating to the Province of Quebec, mentioned in the last minutes, be considered on the day of.

fo. 72.

Bahama, Turks' Islands.

The Board, pursuant to the resolution of the 19th of December last, took into consideration the several papers referred by his Majesty's commands, relative to the alterations which it may be necessary to make in the salt pond regulations that obtained in Turks' Islands in the year 1774, and the means to be adopted for the safety of those Islands, and the protection of their commerce; and having spent some time therein, Mr. Symmer, agent for the said Islands, was called in, and questioned by their Lordships as to such particulars as they thought fit, whereupon he withdrew; and it was ordered, that a draught of the regulations, together with the draught of a representation to his Majesty thereupon, and upon the several matters referred, should be prepared.

St. John's, fo. 73.

Read a letter from Mr. Richard Williams to the Board, dated Portsmouth, January the 26th, 1781, on board his Majesty's frigate Danae, acquainting their Lordships, that Walter Patterson, esquire, Governor of the Island of St. John, being in want of different handycraftsmen, artificers, etc., promised encouragement would be given them on their arrival there early in the spring; and in order to convince them of the advantages that would arise from such adventure, entered into an agreement with the writer to grant and lease to them 2000 acres of land on that Island, which agreement he incloses for the perusal of their Lordships; and desires that the Board will give him such orders in the case for his guidance, as they may think fit.

fo. 74.

Ordered, that Mr. Elliott do write to Mr. Williams and acquaint him, that the Board having received no information from Governor Patterson, with respect to the agreement beforementioned, they cannot form any opinion as to its extent or intention; but if Mr. Williams' affairs should call him to town, Mr. Elliott will be glad to hear from him any particulars which may tend to explain the agreement, for their Lordships' information; and that it may perhaps be for the advantage of the persons going over, that their Lordships should be more fully informed, previous to any step being taken by them towards their intended embarkation.

Nova Scotia.

Mr. Elliott laid before the Board ten Acts passed in the Province of Nova Scotia in November, 1780, vizt.,
An Act for establishing a public school in the town of Halifax.
An Act for continuing the several Acts of the general Assembly of this Province therein mentioned, relating to the duties of impost and excise on wines, beer, rum and other distilled spirituous liquors.
fo. 75.
An Act for continuing the several Acts of the general Assembly of this Province therein mentioned, relating to the excise on molasses and brown sugar sold (fn. 1) brought into this Province, and for the more effectual improving and extending the trade of this Colony to the West Indies.
An Act in further amendment of and for continuing the several laws relating to the duty on licensed houses.
An Act for continuing the several laws relating to the duty of wheel carriages within the peninsula of Halifax.
An Act for the more speedy and effectual collecting such town rates and taxes as may be assessed on the inhabitants of the township of Halifax.
fo. 76.
An Act in amendment of and for continuing an Act made in the 19th year of his present Majesty's reign, intituled an Act for regulating carriers and owners of waggons, carts and trucks employed for hire on the roads between Halifax and the townships of Windsor, Truro, Onslow and Londonderry.
An Act in amendment of an Act made in the 19th year of his present Majesty's reign, intitled an Act for the more effectual securing all the goods, chattels, lands and tenements belonging to such persons who have deserted this Province to join his Majesty's rebellious subjects in the other colonies.
An Act for laying an additional duty of excise on wines, rum and other distilled spirituous liquors.
An Act for reducing the terms of holding the Supreme Courts of Judicature and the inferior Courts of Common Pleas at Halifax.

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

fo. 77.

fo. 78.

The Board having taken into consideration the account of rum and other spirits imported into the Province of Nova Scotia, which account has been transmitted by Lieutenant Governor Sir Richard Hughes, in consequence of directions given to him, in order the better to enable their Lordships to return a proper answer to the Lords of the Treasury, upon the memorials of Messieurs Watson and Rashleigh referred by the Treasury Board, respecting the duties imposed upon rum in that Province, (which memorials, etc., are mentioned in the several minutes of the 2nd, 7th, and 11th of December, 1779, the 21st of August, 1780, and the 23rd of January, 1781) were of opinion, that rum, the produce of the British Sugar Islands, imported into Nova Scotia by the circuituous channel of Great Britain, ought not to be put upon a better footing upon importation, than if directly imported from those Islands; as it would mutually affect and discourage such a direct commerce, which is subject to high insurance, and many other disadvantages, the importers of rum into these Kingdoms and the exporters to Nova Scotia are not liable to; and in point of commercial policy, their Lordships are convinced of the expediency of encouraging and promoting a direct trade from the Province of Nova Scotia to the West India Islands, and which from the present calamitous state of those Islands, is become the more necessary.

fo. 79.

It was therefore ordered, that Mr. Elliott do write to Mr. Robinson, acquainting him, for the information of the Lords of the Treasury, with the opinion of the Board upon the subject beforementioned, observing at the same time, that the Legislature, in the several Acts passed by them for laying duties and imposts on liquors imported into that Province, have uniformly exempted therefrom, spirits the produce of Great Britain.

Trade.

Read the three following Orders of the Lords of the Privy Council, dated February 6th, 1781, vizt.,
Order referring the petition of Murray, Sansom and Company, praying leave to export to New York, on board the armed ship Betsy, certain military stores therein mentioned, for the use of privateers and merchant ships.
Order referring the petition of William Edwards, praying leave to export to Jamaica, on board the ship George, certain military stores therein mentioned, for the use of an independent Company in that Island.
fo. 80.
Order dated February 6th, 1781, referring the petition of John Deffell, praying leave to export to Jamaica, on board the ship Augustus Caesar, sundry military stores therein mentioned, for the use of privateers belonging to that Island.

Their Lordships, upon consideration of the three foregoing petitions, were of opinion, that the exportation 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.

fo. 81.

Tuesday, February 13th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

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

Bahama, Turks' Islands.

The draught of a representation to his Majesty upon the papers relating to Turks' Islands, having been prepared pursuant to order of the 6th instant, was approved, transcribed and signed.

Bermuda.

fo. 82.

Their Lordships took into consideration the instructions to be given to William Browne, esquire, appointed Governor of the Bermuda Islands, and having approved of some alterations and several additions, it was ordered, that draughts should be prepared, together with the draught of a representation to his Majesty thereupon.

Nova Scotia.

Mr. Elliott laid before the Board two letters which he had prepared to Mr. Knox and Mr. Robinson, agreable to directions given him on the 2nd instant, on the papers referred, relative to the case of Mr. Crawford, Deputy Commissary for his Majesty's troops in the Province of Nova Scotia, which were approved and ordered to be transmitted, together with a letter from Mr. Elliott to Mr. Robinson, ordered on the 6th instant, relative to the application of Messieurs Watson and Rashleigh, praying an exemption from certain duties imposed on rum by the Assembly of that Province.

fo. 83.

Read a petition of William Lovegrove of Nova Scotia, to the Board, stating, that he hath labored under many hardships and oppressions in that Province, by the conduct of several of his Majesty's servants there; and in particular, that he hath been dispossessed of a freehold granted to him by royal order; and praying, that their Lordships will take his case into consideration, and grant him such relief as may enable him to return to the assistance of his family.

The following papers were inclosed in the said petition.
A plan of the lands which he states were granted to him.
Copy of his petition to the Chief Justice of Nova Scotia.

fo. 84.

Their Lordships having considered the petition abovementioned, Mr. Elliott was directed to write to the petitioner, to acquaint him, that the part of his complaint, which relates to his being dispossessed of his freehold, does not lye with them to decide upon; but if he has any charges to prefer against the servants of the Crown in Nova Scotia, and is desirous to bring them forward in a distinct and proper manner, their Lordships will take them into consideration, and proceed therein agreable to the usual practice in such cases.

Africa.

Read a letter from Mr. Rutherford to Mr. Cumberland, dated African Office, February 12th, 1781, transmitting, by direction of the African Committee, to be laid before the Board, copies of sundry letters which the Committee have ordered to be sent to the Gold Coast of Africa, vizt.,
fo. 85.
Copy of a letter from the Committee to John Roberts, esquire, dated January 13th, 1781, requiring him to deliver up the command of Cape Coast Castle to Jerome Barnard Weaves, esquire, and to act in conformity to the Committee's order of the 12th of December last.
Copy of a letter from the Committee to Robert Stubbs, esquire, dated January 13th, 1781, requiring him to deliver up the command of Annamaboe to Mr. Weaves.
Copy of a letter from the Committee to Jerome Barnard Weaves, esquire, dated January 13th, 1781, requiring him to take his passage in the Hercules store ship, and on his arrival in Africa, to take upon him the command of Cape Coast Castle.
fo. 86.
Copy of a letter from the Committee to the Governor and Council at Cape Coast Castle, dated January 20th, 1781, acquainting them with the appointment of Mr. Weaves; and directing, amongst other things, that the cargo of the Hercules store ship, amounting to £11072 5s. 5d. be applied to the services of the year 1781, and the surplus, if any, reserved for the expences of 1782.

Read a letter from Mr. Rutherford to Mr. Cumberland, dated African Office, February 12th, 1781, transmitting, by direction of the African Committee, to be laid before the Lords of Trade, pursuant to an Act of the 23rd of George 2nd.
An account of the monies received and expended by the Committee of the Company of Merchants trading to Africa for the support and improvement of the forts and settlements on the coast, in the period between the 3rd of July, 1779 and 2nd of July, 1780.

Trade.

Read the following orders of the Lords of the Privy Council, vizt.,
fo. 87.
Order dated February 6th, 1781, referring the petition of Messieurs Davis and Prothero, praying leave to export from Bristol to St. Christophers, on board the ship Thetis, sundry military stores therein mentioned, for the use of the inhabitants of that Island.
Order dated February 10th, 1781, referring the petition of Robert Milligan, praying leave to export to Jamaica, on board the ship Mary, sundry military stores therein mentioned, for his correspondent in that Island.

Their Lordships, upon consideration of the two foregoing petitions, 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.

Senegambia.

fo. 88.

St. John's.

Mr. Elliott acquainted the Board that, agreable to the directions given him on the 6th instant, he had on the 7th written to Mr. Bullock, agent for the Province of Senegambia, directing him to pay to Mr. McNamara, such arrears as may be due to him, as Superintendent of trade for the said Province, previous to his dismission from that employment. And, that he had also written to Mr. Williams, pursuant to order of the 6th instant, under date of the 6th, acquainting him with their Lordships' opinion upon the agreement made between him and Governor Patterson.

fo. 89.

Wednesday, February 14th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane, Mr. Langlois.

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

Trade.

Read a letter from Sir Grey Cooper, baronet, to Mr. Elliott, dated Treasury Chambers, February the 13th, 1781, transmitting, by order of the Lords of his Majesty's Treasury, to be laid before the Lords Commissioners for Trade and Plantations, for their consideration and opinion,
fo. 90.
A memorial of several merchants trading to his Majesty's Colonies in America, to the Lords Commissioners of his Majesty's Treasury, stating, that an Act passed in the 13th year of his present Majesty for allowing the free importation of rice into this Kingdom, from any of his Majesty's Colonies in America for a limited time; and for encouraging the making of starch from rice, which was to continue in force till the 1st day of May, 1780; that there is great quantities of rice imported from South Carolina, and much larger quantities expected, which the memorialists are informed they cannot enter without paying very high duties; and therefore praying, that the said Act may be revived and continued for some further time, and that the rice already imported and such as may arrive may be intitled to the benefit of the exemption to be granted by the said Act.

fo. 91.

Their Lordships, having taken the said memorial into consideration, were of opinion, that the prayer thereof should be complied with, and a Bill be proposed to Parliament for the purpose of reviving the said Act of the 13th of his present Majesty, in which provision may be made for the relief of such persons who have imported or may import rice since the expiration thereof, and who are liable to pay, or have given security for payment of duties thereon. And Mr. Elliott was directed to write to Sir Grey Cooper, acquainting him with the opinion of the Board upon the abovementioned reference, for the information of the Lords of the Treasury.

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

Read two orders of the Lords of the Privy Council, dated February 13th, 1781, vizt.,
fo. 92.
Order referring the petition of James Phynn, praying leave to export to Quebec, on board the ship Fame, sundry military stores therein mentioned, for trade in that Province.
Order referring the petition of James Phynn, praying leave to export to Quebec, on board the ship Eweretta, sundry military stores therein mentioned, for trade, and for the use of Colonel Butler's corps.

Their Lordships, upon consideration of the said petitions, 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. 93.

Grenada, Tobago.

The draught of an instruction to George Ferguson, esquire, Lieutenant Governor of the Island of Tobago, empowering him to give his assent, to such Act or Acts as may be made by the Assembly of that Island, for settling an additional salary on the Commander in Chief of the said Island, having been prepared pursuant to order of the 6th instant, was approved, and a representation thereupon to his Majesty was signed.

West Florida.

fo. 94.

Mr. Elliott having acquainted their Lordships, that applications had been made to him by several persons intitled to salaries under the grant allowed by Parliament for the Civil Establishment of West Florida, complaining, that their salaries have been withheld from them by Mr. Nesham, agent for the said Province, it was ordered, that Mr. Elliott do write to Mr. Nesham, desiring him to attend the Board, and to bring with him copies of his accounts relative to the application of the money granted by Parliament, for supporting the Civil Establishment of the Province of West Florida, together with a state of the balance now in his hands.

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

Nova Scotia.

Mr. Elliott acquainted the Board that pursuant to order of the 13th instant, he had written to Mr. Lovegrove, acquainting him with the opinion of their Lordships upon his memorial.

fo. 95.

Friday, February 16th. Present:—Lord Grantham, Mr. Stuart, Mr. Gibbon, Mr. Langlois.

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

Trade.

Read the following orders of the Lords of the Privy Council, vizt.,
Order dated February 15th, 1781, referring the petition of John Frazer, praying leave to export to Canada, on board the ship British Lion, sundry military stores therein specified, for the Indian trade.
fo. 96.
Order dated February 16th, 1781, referring the petition of Richard Morland and Company, praying leave to export to Quebec, on board the ship Integrity, sundry military stores therein specified, for the Indian trade.

Their Lordships, upon consideration of the said petitions, 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. 97.

Tuesday, February 20th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane.

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

Grenada, Tobago.

fo. 98.

Their Lordships having taken into their further consideration his Majesty's commands, mentioned in the minutes of the 13th of December, and 2nd and 6th of this instant, respecting a new Great Seal for the Government of the Islands of Grenada, Grenadines, and Tobago, and having had some conversation upon that subject with Mr. Major, the Seal Engraver, who attended pursuant to order, they were of opinion, that it should be submitted to his Majesty, whether the Seal now to be prepared, to be used in that Government in lieu of the Great Seal taken by the enemy, should not in some sort differ from that Seal, in order to prevent any improper use that may, in future, be made thereof; and the draught of a representation to his Majesty thereupon being prepared, was approved, transcribed and signed.

Nova Scotia.

fo. 99.

Read a petition of William Lovegrove, of Nova Scotia, to the Board, stating, that in consequence of their Lordships' opinion having been signified to him, upon a memorial which he lately presented, respecting a grant of certain lands given to him in that Province, he now begs leave to inform their Lordships that the grievances of which he complained in his former memorial have been owing to the conduct of the following persons, by whom he hath been barred from redress, vizt. Bryan Finucane, esquire, Chief Justice of the said Province; Charles Morris, junior, esquire, Deputy Surveyor; Mr. Schaw, the sub-Sheriff, and John Newton, esquire, one of the Justices; and praying, that he may be allowed to prove his charges against the several persons mentioned in said petition.

fo. 100.

The said petition being taken into consideration, Mr. Elliott was directed to write to the petitioner, to acquaint him, that the charges preferred by him against the several officers of the Crown mentioned in his petition, will be transmitted to Nova Scotia by the first opportunity, and that they will be directed to answer those charges; which being done, the Board will be ready to hear the petitioner in support thereof, agreable to their usual practice in such cases.

Bermuda.

Read a letter from Mr. Knox to Mr. Elliott, dated February 14th, 1781, transmitting, by direction of Lord George Germain, to be laid before the Lords of Trade for their consideration,
Extract of a letter from Lieutenant Governor Bruere to Lord George Germain, dated Bermuda, December 12th, 1780, acquainting his Lordship of his having suspended Mr. Thomas Jones, President of the Council, and Mr. John Harvey, and Mr. John Hinson, two other members of the Council, together with his reasons for such suspension; and that he had appointed Mr. Cazneau to fill the vacancy to the number of seven.

fo. 101.

Extract of a letter from Lieutenant Governor Bruere to Lord George Germain, dated Bermuda, December 12th, 1780, expressing his hope, that the Fish Bill, and the Revenue Bill, will receive his Majesty's disallowance; and recommending Major William Anstruther to be of the Council for the said Island.

fo. 102.

fo. 103.

Petition of sundry merchants, traders, owners and agents of privateers, at present residing in the Bermuda Islands, to his Majesty, stating, that many of the petitioners had been forced to take refuge in these Islands from the oppression they experienced in some of the American Colonies; that, induced by the favorable situation of the said Islands, they have at great expence, fitted out a number of privateers against the enemy, the success of which will be seen by the list inclosed: that they have experienced great discouragement in their undertakings, from the conduct of the leaders in those Islands, particularly by an Act passed in January, 1779, by which a tax of 3¾ per cent. was imposed on all prizes and prize goods taken by privateers and brought into the said Islands, which they have been obliged to pay, till the expiration of the said Act in March, 1780: and that the Legislature, taking advantage of the death of the Governor, did in September, 1780 pass another Act for the like purpose, and for imposing a tax ofper cent. on all goods imported from any other part than Great Britain, by persons not inhabitants of the said Islands; which last mentioned Act has by a subsequent Act been suspended until his Majesty's pleasure is known; and praying, that his Majesty will not only withhold his assent to the Act complained of; but will be graciously pleased to order restitution to be made to the petitioners of all the sums paid in consequence of the said Act, prior to March, 1780, or give them such other relief as in his wisdom may seem proper.
List of vessels captured and brought into Bermuda by ships and vessels having Commissions of Marque.

fo. 104.

Minutes of the general Assembly of the Bermuda Islands from the 11th of October, 1779 to the 27th May, 1780, both inclusive, to which is annexed the copy of a bill which passed the Council and Assembly, but received the Governor's dissent on the 27th of May, 1780: The title of which is as follows, vizt. An Act as well for issuing from the public Treasury of these Islands certain certificates in payment of public debts chargeable on the fund established by an Act intitled, an Act for raising a public revenue for the support of the Government of these his Majesty's Islands, directing the manner of sinking such certificates, and applying the deficiency of the said fund as for other purposes therein contained.

The following copies of Acts were also received with the above papers, vizt.,
Copy of an Act, to prevent the taking fish in these islands with any seine or net exceeding twenty one feet in length and six feet in breadth, or any frame or fish pot, drudge or other device whatever other than turtle netts, cast nets, lines and hooks, etc., passed June 27th, 1777.
fo. 105.
Copy of an Act, for supplying the deficiency of the fund established by an Act intitled, an Act for raising a public revenue for the support of the Government of these his Majesty's Islands, and for the effectual sinking certificates already issued, and which may be issued chargeable on such fund, passed January 22nd, 1779.
Copy of an Act, providing as well for the payment of the repairs of the fortifications and the better accommodation of his Majesty's troops now quartered in these Islands, as for other purposes therein contained by certificates to be issued from the public Treasury chargeable on the fund established by an Act intitled, an Act for raising a public revenue for the support of the Government of these his Majesty's Islands, passed September 23rd, 1780.
fo. 106.
Copy of an Act, for the renewal and amendment of an Act intitled, an Act to prohibit the taking fish in these Islands with any seine or net exceeding twenty one feet in length (fn. 2) and six feet in breath, or any fish pot, drudge or other device whatever other than turtle nets, cast nets, lines and hooks, staffs and grains, giggs and tongs: passed September 23rd, 1780.
Copy of an Act, for the renewal and amendment of an Act intitled, an Act for the attaching the money, goods, wares, merchandize, effects or other personal estate of any person not residing in, or any inhabitant or inhabitants being absent from these Islands; passed September 23rd, 1780.
Copy of an Act, for the establishment of a proper school on the share of land situated in Warwick parish in the Island of Bermuda; passed September 23rd, 1780.
fo. 107.
Copy of an Act, for erecting an hospital, a kitchen, a cook room and a nursery sufficient therefor on the public land at the east end of the town of Saint George for the use and better accommodation of his Majesty's troops that now are or may hereafter be quartered in these Islands; passed October 14th, 1780.
Copy of an Act, for providing for the accommodation of his Majesty's troops now quartered in these Islands, in lieu and stead of the provision intended therefor by an Act intitled, an Act providing as well for the payment of the repairs of the fortifications and the better accommodation of his Majesty's troops now quartered in these Islands, as for other purposes therein contained; passed November 25th, 1780.
Copy of an Act, to suspend for a limited time the operation of an Act intitled, an Act providing as well for the payment of the repairs of the fortifications and the better accommodation of his Majesty's troops now quartered in these Islands as for other purposes therein contained; passed November 25th, 1780.

Ordered, that the above Acts be sent to Mr. Jackson, for his opinion thereupon in point of law; and that a copy of the petition of the merchants, etc., of Bermuda be given to the agent, agreable to his application.

fo. 108.

Trade.

Read an order of the Lords of the Privy Council, dated February 20th, 1781, referring three petition of John Stretel, praying leave to export to Canada, certain military stores therein specified, on board the ships Nancy, King George, and Polly, for the Indian trade in that Province.

Read an order of the Lords of the Privy Council, dated February the 20th, 1781, referring two petitions of Amos Hayton, praying leave to export to Canada, on board the ships Montreal and Detroit, sundry military stores therein specified, for the Indian trade.

fo. 109.

Read an order of the Lords of the Privy Council, dated February 20th, 1781, referring the petition of Robert Hunter, praying leave to export to Canada, on board the ships Londan and Betsy, certain military stores therein specified, for the Indian trade.

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

fo. 110.

Wednesday, February 28th. Present:—Lord Grantham, Mr. de Grey, Mr. Stuart, Mr. Gibbon, Mr. Sloane, Mr. Langlois.

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

Nova Scotia.

Mr. Elliott acquainted the Board, that, on the 22nd instant, he had written to Mr. Lovegrove, pursuant to order of the 20th, to inform him the charges he had preferred against several officers of the Crown in Nova Scotia would be transmitted to that Province, and that on their answers being received, he would be heard in support of the said charges.

fo. 111.

Read a petition of William Lovegrove of Nova Scotia to the Board, stating, that he had received their Lordships' answer to his last petition, and would gladly conform to their Lordships' directions; but is unable to support himself here, or to procure a passage home; and therefore praying, that a subsistence may granted him, or a passage given him to Nova Scotia.

Ordered, that Mr. Elliott do write to Mr. Lovegrove, and acquaint him, that the assistance he prays for, does not lie with be this Board to grant.

Trade.

fo. 112.

Read a letter from Mr. Robinson to Mr. Elliott, dated February 26th, 1781, transmitting, by directions of the Lords of his Majesty's Treasury, to be laid before the Lords of Trade for their consideration and opinion,
Salt, Marine Acid.
Report of the Commissioners of Salt to the Lords of the Treasury, upon the memorial of James Keir and Peter Theodore de Bruges, praying that a bill may be permitted to pass for reducing the duty on salt to be used in making and preparing a marine acid and fixed fossil, to answer the purposes of barilla, pearl and pot ashes, and for charging such salt with a duty of four pence per bushel only.
fo. 113.
Ordered, that Mr. Elliott do write to Mr. Robinson, acquainting him, for the information of the Lords of the Treasury, that the Board, upon consideration of the report and memorial referred, see no cause to alter the opinion given to the Lords of the Treasury upon their Lordships' reference of the memorial of Mr. Fordyce upon the like subject in April last.

Trade, Russia.

Read a letter from Mr. Robinson to Mr. Elliott, dated February 28th, 1781, transmitting, by directions of the Lords of the Treasury, to be laid before the Lords of Trade, for their opinion thereupon,
fo. 114.
fo. 115.
Memorial of the Governor, Consuls, and Court of Assistants of the Russia Company, to the Lords of the Treasury, stating, that it had been a doubt whether drugs of the growth of Russia, imported from places not making a part of the Russian dominions at the time of passing the Act of the 8th and 9th of William the Third, could be imported upon the payment of single duties; "that in a late instance, the opinion of the Attorney General, dated in November, 1779, was decidedly that the law was against the petitioners, tho' on the fair circumstances of the case they are intitled to relief;" and praying, that assistance may be granted them towards obtaining a clause in some Act of Parliament, that all commodities of the growth and produce of the dominions of Russia, shipped at any ports or places subject to, and making a part of the said dominions, may be considered as imported directly from the place of their growth, and be subject to the duties on goods so imported; or to grant the memorialists such other relief in the premises, as may seem meet.

Trade, Russia.

Their Lordships, upon consideration of the said memorial, were of opinion, that the attendance of the Governor and such other of the members of the said Company as thought fit, would be expedient; and Mr. Elliott was directed to desire their attendance accordingly, on Saturday, the 3rd of next month, at three o'clock in the afternoon; and also to write to Mr. Fraser, requesting him to move Lord Stormont for a communication of such papers, relative to the subject in question, as may have been received or written by his Lordship.

Grenada, Tobago.

Read a letter from Mr. Knox to Mr. Elliott, dated February 23rd, 1781, transmitting, by directions of Lord George Germain, to be laid before the Board,
fo. 116.
Copy of an Act passed in the Island of Tobago the 6th of July, 1780, intituled, An Act for raising a sum of money for the sole use and benefit of the Honorable Edmund Lincoln, esquire.

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

St. John's.

Read a letter from Mr. Richard Williams to the Board, dated Spithead, on board his Majesty's ship Danae, February 16th, 1781, acknowledging the receipt of Mr. Elliott's letter of the 7th instant, and desiring the favor of the Board to obtain him leave of absence to town for a few days, in order more fully to explain to their Lordships, the agreement subsisting between him and Governor Patterson, which is mentioned in the minutes of the 6th instant.

fo. 117.

Ordered, that Mr. Elliott do write to Mr. Stephens, requesting that he will move the Lords of the Admiralty, that leave of absence may be given to Mr. Williams for a few days; and that Mr. Elliott do communicate Mr. Stephens' answer to Mr. Williams.

Barbados.

fo. 118.

Read a letter from Lord George Germain to the Board, dated February 24th, 1781, acquainting their Lordships, that he had received from Mr. Estwick, agent for the Island of Barbados, a petition of the Assembly of that Island to the King, which he had the honor to lay before his Majesty; and has been commanded to transmit a copy thereof to their Lordships, together with a printed memorial of the said agent to his Lordship, and copies of papers therein referred to; and to signify to their Lordships, his Majesty's pleasure, that they take the same into consideration, together with the extracts of Governor Cuninghame's letters relative to the subject of the said petition and memorial, and report to his Majesty their opinion thereupon, vizt.,
fo. 119.
Copy of the petition of the Assembly of Barbados to the King, stating their attachment to his person and Government; deploring the necessity they are under to supplicate the royal protection of the rights and liberties of the inhabitants, which are highly injured by the conduct of the Governor, particularly by his establishing new and oppressive fees for his own use; and praying, that his Majesty will be pleased to remove from his Government of Barbados, Major General James Cuninghame; and further praying, he will shew such marks of his royal displeasure toward those of the councillors in the said Island, who concurred in the proceedings of the 29th of September, 1780, for establishing the oppressive fees, of which they are thus under the necessity of complaining, as his Majesty's affection to his aggrieved and distressed subjects may deem them to deserve.

fo. 120.

Printed memorial of Samuel Estwick, esquire, agent for the Colony of Barbados, to the Right Honorable Lord George Germain, his Majesty's principal Secretary of State for the Colonies, etc., stating the conduct of his Majesty's Governor upon, and his answer to, the offer made him by the Assembly of that Island, of an additional salary towards supporting the dignity of his Government; and containing, amongst other things, the Governor's speech on the 25th of July, 1780, the address of the Assembly, and his answer to the said address on the 5th September, and the several proceedings of the Assembly thereupon; together with the printed copy of the petition to the King beforementioned; And praying, that in support of the allegations contained in the said petition, his Majesty will be pleased to allow the memorialist to produce the evidence with which he is furnished, and by his counsel be at liberty to be heared thereupon.

fo. 121.

Extract of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, 26th of July, 1780, transmitting the following papers; and expressing his hopes, that his Lordship and the King's ministers will approve of his declining to grant his assent to the bill for his better support, etc., when that bill was accompanied with a resolve, in his opinion, offensive to the Crown and to the King's ministers.
Copy of Governor Cuninghame's speech to the Council and Assembly of Barbados.
Copy of an Act, for the better support of his Excellency the dignity of the Government of this Island, passed the Council and Assembly, 25th July, 1780.
Copy of the Assembly's resolve brought up with the settlement bill.
Copy of the Council's message to the Assembly on the settlement bill.
Copy of the Governor's reply to the Speaker's address on the bill of settlement.
Copy of the Attorney General's opinion on the settlement bill.

fo. 122.

fo. 123.

Extract of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, September 20th, 1780, acquainting his Lordship, that the levy bill passed by the Assembly interferred so materially with his instructions, that the Council rejected it; that the Assembly are making encroachments on the executive power; that the active person in the Assembly is Sir John Alleyne; that the deputies to the Patent offices not being content with less profit than the principal, curtails the power and profit of a Governor, which has induced him by advice of the Council to determine on the establishment of such fees as are usually paid to Governors in other colonies; that some of his instructions are opposite to the laws of the Island acquiesced in for half a century, and he hopes the Lords of Trade will revise his instructions in those particulars; that the salary of the Attorney General is very inadequate to the employment; that Mr. Estwick's conduct has induced him to refuse his assent to the bill for his salary; that at present he is satisfied with the conduct of the Council, but till he has further knowledge of characters and situations, he thinks it proper to decline any recommendations, tho' applications for seats in Council have been made to him; and, that, he finds great difficulty in obtaining duplicates and papers required by the Lords of Trade. This letter incloses the following paper, vizt.,
Extract from the levy bill—copy of the 15th Instruction—Governor's order to the Attorney and Solicitor General to report their opinion upon the two clauses of the levy bill—and the Attorney and Solicitor General's opinion thereupon.

fo. 124.

Extract of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, September 22nd, 1780, transmitting the following papers; desiring his Lordship's attention to a memorial of a curious nature in the minutes of the Assembly, which he declined receiving; and acquainting his Lordship that by the negligence of the deputies of the patentees, the King's business cannot be carried on without making examples.
Copy of a bill for raising a sum of money to defray the expences of the Government yearly, passed the Assembly, 22nd August, 1780, rejected by the Council, September 19th, 1780.
Copy of minutes of Council, September 5th, 1780.
Copy of minutes of the Assembly of the 19th September, 1780.

Copy of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, September 22nd, 1780, transmitting,
Minutes of Council from the 17th May to the 12th July, 1780.
Minutes of Council from the 25th of July to the 22nd August, 1780.

fo. 125.

Extract of a letter from Lord George Germain to Governor Cuninghame, dated Whitehall, 4th October, 1780, acquainting him of his Majesty's approbation of his conduct in withholding his assent to the settlement bill, under the circumstances it was offered to him; and inclosing the following letter which he may make use of or not as he shall judge proper.

Copy of a letter from Lord George Germain to Governor Cuninghame, dated Whitehall, 4th October, 1780, acquainting him, that it is his Majesty's pleasure, that he do lay before the Assembly the 71st Instruction, and acquainting them that his Majesty expects, from their experienced loyalty and affection, that the full allowance which has been made to his predecessors for many years past, be continued to him.

fo. 126.

Extract of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, 2nd November, 1780, acquainting his Lordship, that he hoped that the Assembly would have been induced by the late calamity would have inclined them to have voted a levy bill, and to have passed proper laws for the good government of the Island, but that they still continue refractory.

Extract of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, November 23rd, 1780, acknowledging the receipt of his Lordship's two letters of the 4th of October, and mentioning his intention of laying before the Assembly one of the said letters sent him for that purpose, and flattering himself that his Majesty will approve of his passing the bill for two thousand a year, which with fees established will nearly make it three thousand, which will serve as a provision for future Governors. This letter incloses,
Minutes of the Assembly on the 31st October, 1780.
The same, on the 19th September, 1780.
The same, on the 7th November, 1780.

fo. 127.

Copy of a letter from Governor Cuninghame to Lord George Germain, dated Barbados, November 23rd, 1780, transmitting the following papers, and expressing his hope that the measure of establishing fees with the unanimous advice of the Council, guarding against affecting the patentees, will serve as a full and entire justification of his conduct against a memorial which the Assembly has threatened to send home, but as appears by their minutes is not to be divulged here.
Extract from the records relative to fees taken by the Governors of Barbados.
Copy of minute of Council on Tuesday, 14th November, 1780, at Barbados.
Extract of minute of the Council of Barbados, 29th September, 1780.

Extract of a letter from Lord George Germain to Governor Cuninghame, dated 3rd January, 1781, referring him to the letters sent by Sir Philip Gibbs.

fo. 128.

Extract of a letter from Lord George Germain to Governor Cuninghame, dated Whitehall, 7th February, 1781, acquainting him, that his Lordship is concerned to find his answer to the Assembly's address contains so much matter for contention, and some expressions which might be expected to excite resentment in minds already disposed for inflamation; and as he seems satisfied with his Lordship's letter of the 4th of October, it is to be hoped it may have the desirable consequence of accommodating matters. Until therefore that his Lordship is informed of the effect of that measure, he will forbear to take any steps for bringing under consideration the legality and propriety of the fees he has appointed to be taken for him by the Secretary, particularly as he proposes to recall that order if the Assembly should make him the same allowance as his predecessor.

Ordered, that the said papers be taken into consideration on the 6th of March next.

Footnotes

  • 1. The word bought has been erased here.
  • 2. M.S. has breadth.