Journal, May 1728: Journal Book E.E

Journal, May 1728

May 1. Present:—Mr. Chetwynd, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

New York.

Letters from Mr. Burnet, papers and Acts.

The four following letters from Mr. Burnet, Governor of New York and New Jersey, were read, and the papers, therein respectively referred to, were laid before the Board:—
A letter from him, dated the 21st of December, 1727.
Minutes of Council, in relation to the resolves of the Assembly concerning the Court of Chancery.
Nine Acts, passed in November, 1727.

Two letters from him, dated 19th and 23rd of December, 1727.
Minutes of Council, from the 5th of January, 1726–7, to the 19th of December, 1727.
Minutes of Assembly, from the 30th of September, 1727, to the 25th of November following.
New Jersey.
Minutes of Assembly of New Jersey, from the 9th to the 14th of December, 1727.

New York.

A letter from him, dated the 20th of November, 1727.
Naval officer's list of ships and vessels entered and cleared at New York, from Lady Day, 1727, to Michaelmas following.

Acts sent to Mr. Fane.

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

A letter from Mr. Colden.

Resolves of the Assembly, Court of Chancery Act prosecutions.

A letter from Mr. Colden, Surveyor General of New York, dated the 15th of December, 1727, relating to the resolves of the Assembly against the Court of Chancery there, and an Act passed, to prevent prosecutions by information, was read, as also

A letter from the Attorney General with papers thereupon.

A letter from Mr. Bradley, Attorney General of New York, dated the 4th of January last, upon the same subject, with
A memorial from him to this Board, and
These to be considered when Mr. Fane reports upon the said Act.
A copy of one from him to the Governor and Council there.

And their Lordships resolved to consider further of these letters, when Mr. Fane shall have made his report upon the said Act, ordered this day to be referred to him.

New Jersey.

Letters from Mr. Burnet with papers.

A letter from Mr. Burnet, Governor of New Jersey, etc.; a duplicate, dated the 18th of December, 1727, with papers not sent with the original, which were now laid before the Board, viz.:—
Copy of an address of the Governor, Council and Assembly of New Jersey, upon the accession of his Majesty, King George the Second, to the Crown [vide February 2nd, 1727–8].
Copy of Mr. Burnet's speech to the Assembly and their address to him.

A letter from him, dated the 19th of December, 1727, was read, and

Naval officer's list of ships trading outwards and inwards, from Midsummer, 1727, to Michaelmas following, therewith transmitted, was laid before the Board.

Trade.

Letter to Mr. Tigh.

A letter to Mr. Tigh, consul at Elsinore, in answer to one from him, read the 9th of April, was agreed and ordered to be sent.

May 2. Present:—Mr. Chetwynd, Mr. Ashe, Sir O. Bridgeman.

Jamaica.

Letter from General Hunter with a paper.

A letter from Major General Hunter, Governor of Jamaica, dated the 10th of February, 1727-8, was read, and the paper, therein referred to, was laid before the Board.
His speech to the Council; their answer and his reply.

Answer ordered.

Ordered that the draught of an answer be prepared thereto.

Virginia.

Letter from Major Gooch with papers.

A letter from Major Gooch, Lieut. Governor of Virginia, dated the 12th of February, 1727–8, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 17th of August, 1727, to the 14th of December following.
Major Gooch's speech to the Council and House of Burgesses, and their answer.
Address of the House of Burgesses to Major Gooch.
Account of his Majesty's revenue of 2s. per hogshead, from the 25th of April, 1727, to the 25th of October following.
List of ships, and account of the imports and exports for the half year, ending at Michaelmas, 1727.

A letter from him, dated the 15th of February last, was read, and the paper, therewith transmitted, was laid before the Board, viz:—
Copy of an address from the Council and Burgesses to his Majesty.

Answer ordered.

Ordered that the draught of an answer be prepared to the said letters.

May 3. Present: Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Jamaica.

Letter to General Hunter agreed, as also

The draught of a letter to Major General Hunter, Governor of Jamaica, directed yesterday to be prepared, was agreed and ordered to be transcribed, as also

Virginia

A letter to Major Gooch.

The draught of a letter to Major Gooch, Lieut. Governor of Virginia.

Bermuda.

Representation with Mr. Pitt's instructions signed, and letter to the Duke of Newcastle.

A representation upon the draught of instructions for Captain Pitt, appointed Governor of Bermuda, was agreed and signed, as also [vide 25th October, 1727].

A letter for inclosing the same to the Duke of Newcastle.

May 7. Present:—Earl of Westmorland, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

Jamaica.

Letter to General Hunter signed and

The letter to Major General Hunter, Governor of Jamaica, agreed the 3rd instant, was signed, as also

Virginia

to Major Gooch.

The letter to Major Gooch agreed at the same time.

Pennsylvania.

Letter from Mr. Fitzwilliams, Pennsylvania Act.

Virginia.

North Carolina.

Virginia Act and papers.

A letter from Mr. Fitzwilliams, Surveyor General of the Customs in the Southern District of America, dated 26th December, 1727, relating to an Act, passed at Pennsylvania, for establishing Courts of Judicature, and another, passed in Virginia, to prevent bringing tobacco from Carolina into that colony, was read, and the papers, therein referred to, were laid before the Board, viz:—
Copy of an Act, passed in Pennsylvania, for establishing Courts of Judicature in this Province.
Mr. Fitzwilliams' letter to the Governor of Pennsylvania against the said Act.
Copy of a clause offered to be added to the said Act.

Mr. Shelton, Mr. Lehcup, and Mr. Carey summoned.

Whereupon ordered that Mr. Shelton, Secretary to the Lords Proprietors of Carolina, Mr. Leheup, agent for Virginia, and Mr. Carey, be acquainted that the Board desires to speak with them on Tuesday morning next, upon the before mentioned Act passed in Virginia.

Pennsylvania.

Mr. Gee summoned.

Ordered that Mr. Gee be acquainted that the Board desires to speak with him on Thursday the 16th of this month, at 11 o'clock in the morning, upon the before mentioned Act passed in Pennsylvania.

May 8th. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Connecticut.

Letter from the Governor, his Majesty procelaimed.

A letter from the Governor of Connecticut, dated the 18th of September, 1727, giving an account of his Majesty's being proclaimed there, and of the publishing of his Majesty's proclamation for continuing all officers in the manner therein mentioned, was read.

Answer ordered.

Whereupon ordered that the draught of an answer be prepared thereto.

Maryland.

Letter from the Governor, his Majesty proclaimed.

A letter from Mr. Calvert, Governor of Maryland, dated the 22nd of December, 1727, giving an account of his Majesty's being proclaimed there, and of the publishing the proclamation for the continuance of officers in their respective places, was read.

Answer ordered.

Whereupon ordered that the draught of an answer be prepared thereto.

Bahamas.

Letter from the Governor, his Majesty proclaimed.

A letter from Captain Phenney, Governor of the Bahamas, dated the 5th of December, 1727, giving an account of his Majesty's being proclaimed there, and of his, the said Phenney's, administering the oaths to the major part of the inhabitants, with the Minute of Council, when he and the Council took the oaths, was read.

Answer ordered.

Whereupon ordered that the draught of an answer be prepared thereto.

Pennsylvania.

Anonymous letter, illegal trade to Barbadoes to be considered.

An anonymous letter, dated in Philadelphia, the 10th of July, 1727, in relation to an illegal trade carried on to Barbadoes, was read.

Whereupon ordered that notice be taken thereof, when the Board shall make an answer to the letter from Mr. Fitzwilliams, mentioned in yesterday's Minutes.

May 9. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Sir O. Bridgeman, Mr. Cary.

Nova Scotia.

Commission for Colonel Philipps agreed.

Their Lordships taking into consideration the draught of a commission for Colonel Philipps, Governor of Nova Scotia, directed to be prepared the 16th of March last, the same was agreed and ordered to be transcribed.

May 10. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Trade.

Carolina.

Bahamas.

Jamaica.

Campeachy.

Plantations General.

Letter from the Duke of Newcastle, state of his Majesty's possessions in America, disputed by the King of Spain.

A letter from the Duke of Newcastle, dated yesterday, signifying his Majesty's pleasure to this Board to lay before him a state of his Majesty's possessions in America, particularly of Fort King George on the borders of South Carolina, of the Bahama Islands, and of the Bay of Campeachy, which are disputed by the King of Spain, and to set forth the proofs to support his Majesty's right thereto, and likewise to lay before his Majesty all injuries done by the Spaniards to his Majesty's subjects, upon which redress had not yet been obtained, was read; and their Lordships resolved to consider further thereof on Tuesday morning next.

Barbadoes.

Mr. Worseley's instructions about additional salary, sent to Mr. Fane.

Their Lordships taking into consideration the article of the instructions for Mr. Worseley, Governor of Barbadoes, ordered to be prepared the 9th of the last month, empowering him to receive an additional salary; and their Lordships observing, that by the Act for supporting the honour and dignity of the Government, passed at Barbadoes in 1722–3, Mr. Worseley's additional salary is settled upon him until the determination of his government, ordered that a letter be writ to Mr. Fane, for his opinion, whether the renewal of Mr. Worseley's commission does not cause a determination of his government within the meaning of the said Act.

May 14. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Plantations General.

Carolina.

Colonel Johnson, Mr. Shelton, Mr. Younge and Mr. Wragg summoned.

Duke of Newcastle's letter, state of his Majesty's possessions.

Their Lordships took again into consideration the letter from the Duke of Newcastle, relating to that part of his Majesty's possessions in America disputed by the Spaniards, mentioned in the Minutes of the last meeting, and gave directions that Colonel Johnson, who had formerly been Governor of South Carolina, Mr. Shelton, Secretary to the Lords Proprietors, Mr. Younge and Mr. Wragg, agents for the said Province, be desired to attend the Board on Thursday morning next, in relation to the southern bounds of Carolina.

North Carolina.

Mr. Shelton attends.

Tobacco Act.

Mr. Shelton attending, as he had been desired, as also Mr. Leheup, agent for Virginia, their Lordships took again into consideration the letter from Mr. Fitzwilliams, mentioned in the Minutes of the 7th inst., as also the Act for the more effectual preventing the bringing tobacco from North Carolina, and the bounds in controversy. And after some discourse with these gentlemen thereupon, their Lordships agreed to consider further thereof on Thursday morning next.

May 15. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Ashe, Mr. Cary.

Bahamas.

Letter to Captain Phenney signed.

A letter to Captain Phenney, Governor of the Bahamas, agreed the 8th instant, was signed.

May 16. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Ashe.

Pennsylvania.

Mr. Gee and Mr. Clement, Act, Courts of Judicature.

Mr. Gee attending, as he had been desired, with Mr. Clement, their Lordships took again into consideration the letter from Mr. Fitzwilliams relating to the Pennsylvania Act for establishing Courts of Judicature, etc., mentioned in the Minutes of the 7th instant; and their Lordships desiring these gentlemen to give the Board an account of what they knew concerning this matter, as soon as they could, they desired to have an extract of the said letter, which was ordered accordingly.

Carolina.

Colonel Johnson with others, about the south bounds.

Colonel Johnson, Mr. Shelton, Mr. Younge and Mr. Wragg attending, as they had been directed, their Lordships, after some discourse with them concerning our south bounds of Carolina, desired these gentlemen to let the Board have in writing, as soon as possible, what they knew concerning this matter.

New England.

Order in Council.

Mr. Elliot's petition for Collector.

Mr. Elliot attending, their Lordships took again into consideration the Order in Council, upon his petition for the office of Collector of the Customs for the Town of Newberry in New England, mentioned in the Minutes of the 24th of July, 1727, and resolved to consider further thereof on Wednesday next.

Colonel Philipps and Colonel Shute summoned.

Ordered that Colonel Philipps, Governor of Nova Scotia, and Colonel Shute, late Governor of New England, be desired to attend at the same time.

Bermuda.

Captain Pitt upon Colonel Hope's 89th instruction, Treaty of Neutrality

Bermuda.

Plantations General.

sent to Attorney and Solicitor General.

Captain Pitt, Governor of Bermuda, attending, and acquainting the Board that he was informed that Colonel Hope, late Governor of that place, had always found it very difficult to put the 89th instruction in execution, and some doubt arising whether there is any law in being to support the same; ordered that the said instruction be sent to Mr. Attorney and Solicitor General, for their opinion thereupon in point of law.

Montserrat.

Minutes of Council.

The Secretary then laid before the Board the Minutes of Council of Montserrat, from the 26th of September, 1727, to the 2nd of January, 1727–8, which he received from Mr. Beake.

May 17. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Cary.

South Carolina.

Acts sent to Mr. Fane.

Ordered that the two following Acts, passed in South Carolina in 1727, be sent to Mr. Fane, for his opinion thereupon in point of law.
An Act for carrying on several expeditions against our Indian and other enemies, and for defraying the charge thereof.
An Act for appointing a commissioner for managing of the affairs of the Indians, and for supervising the garrisons, in the room of Colonel George Chicken, deceased.

Trade.

Letter from Mr. Lekeux, woollen goods imported into King of Sardinia's dominions.

A letter from Mr. Lekeux, dated the 23rd of April, 1728, enclosing an account of British woollen goods and of kersies and friezes of Ireland imported into the King of Sardinia's dominions for five years, from 1721 to 1725, both inclusive, was read.

Representation, King of Sardinia's edict, agreed.

The draught of a representation, directed to be prepared the 17th of March, 1726–7, upon the King of Sardinia's edict, for laying new duties upon several species of our woollen manufactures imported into his dominions, was agreed and ordered to be transcribed.

May 21. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Carolina.

Bahamas.

Mr. Shelton and Mr. Godin, papers, first settlement.

Mr. Shelton and Mr. Godin attending, presented to the Board two papers, in relation to the first settlement of Carolina and the Bahama Islands, and the same were read.

May 22. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Cary.

Nova Scotia.

New England.

Colonel Philipps and Colonel Shute attend.

Order in Council upon Mr. Elliot's petition.

Representation ordered.

Colonel Philipps, Governor of Nova Scotia, attending, as he had been desired, as also Colonel Shute, late Governor of New England, their Lordships took again into consideration the Order in Council upon the petition of Mr. Elliot, for the office of Collector of the Customs for the Town of Newberry in New England, mentioned in the Minutes of the 16th instant, and after some discourse with these gentlemen thereupon, their Lordships gave directions for preparing the draught of a representation upon this subject.

May 23. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique.

Nova Scotia.

Newfoundland.

Letter from the Duke of Newcastle.

Colonel Philipps' petition and state of the Province.

A letter from the Duke of Newcastle, dated the (fn. 1) instant, referring to the Board a petition from Colonel Philipps, Governor of Nova Scotia and Newfoundland, and a state of the said Province, was read; and their Lordships resolved to consider further thereof at another opportunity.

Nova Scotia.

New England.

Representation upon Mr. Elliot's petition signed.

The representation, ordered yesterday to be prepared, upon Mr. Elliot's petition, praying to be appointed Collector of the Customs at Newberry in New England, was agreed and signed.

May 24. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

South Carolina.

Mr. Huet summoned.

Ordered that Mr. Huet be acquainted that the Board desires to speak with him on Tuesday morning next, in relation to the fort built upon the Alatamaha River in South Carolina.

New Hampshire.

Memorial from Mr. Newman, Act electing an Assembly, he is summoned.

A memorial from Mr. Newman, agent for New Hampshire, dated the 6th of March, 1727–8, desiring their Lordships would please to take into consideration an Act, passed there in 1724, for calling and electing an Assembly once in three years, was read; whereupon ordered that he be acquainted with the Board's desire of speaking with him on Tuesday morning next.

Massachusets.

Letters from Mr. Dummer with papers.

The four following letters from Mr. Dummer, Lieut. Governor of New England, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—
A letter from him, dated the 8th of July, 1727.
Journal of the House of Representatives, from 31st of May, 1727, to the 8th of July following.

A letter from him, dated the 15th of August, 1727.
Printed copy of the conference with the Eastern Indians at the ratification of the peace at Falmouth in Casco Bay in July and August, 1726, and in July, 1727.

A letter from him, dated the 6th of November, 1727.

A letter from him, dated the 12th of March, 1727–8.

Resolution of the Council in relation to the Act for raising a public levy, etc.

Answer ordered.

Advice of the Council about the Bill for fortifications, etc. Whereupon ordered that the draught of an answer be prepared thereto.

May 28. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir O. Bridgeman.

Trade.

Italy.

Reference from Lord Townshend, thrown silk.

A reference from the Lord Viscount Townshend, dated the 7th inst., upon the petition of the silk throwers, complaining of the importation of thrown silk from Italy, was read.

Mr. Blew summoned.

Ordered that Mr. Blew, who attends in behalf of the said petition, be acquainted with the Board's desire of speaking with him on Friday morning next.

Nova Scotia.

Newfoundland.

Colonel Philipps' petition considered and he is summoned.

Their Lordships taking again into consideration the letter from the Duke of Newcastle, referring to the Board the petition of Colonel Philipps, relating to the state of Nova Scotia, mentioned in the Minutes of the 23rd instant, ordered that Colonel Philipps be acquainted with the Board's desire of speaking with him thereupon on Friday morning next.

South Carolina.

Several persons, southern bounds, Fort King George.

Colonel Johnson attending, presented to the Board a letter signed by himself, Mr. Younge and Mr. Wragg, in relation to the southern bounds of Carolina, which was read; and Mr. Huet attending, with Mr. Shelton and Mr. Godin, their Lordships had some discourse with them, in relation to the situation of Fort King George, which they agreed to be upon the Alatamaha River, and at about equal distance between Port Royal and St. Augustine.

New Hampshire.

Letter from Mr. Newman excusing his attendance, he is again summoned.

A letter from Mr. Newman, agent for New Hampshire, dated this day, praying to be excused attending the Board to-day, as he had been desired, was read; whereupon ordered that he be acquainted with the Board's desire of speaking with him on Friday morning next.

May 29. Present:—Earl of Westmorland, Sir O. Bridgeman, Mr. Cary.

South Carolina.

Letter from Colonel Johnson, captain Bodler to give an account of the Fort King George.

Letter to be writ to him.

A letter from Colonel Johnson, dated this day, acquainting the Board that Captain John Bodler at Shrewsberry is capable of giving the best information, with respect to the situation of Fort King George in South Carolina, was read; whereupon ordered that a letter be wrote to the said Captain Bodler, to desire he will give the Board an account of what he knows concerning the said fort.

May 30. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

South Carolina.

Letter about Fort King George.

The letter, directed yesterday to be prepared, to Captain Bodler, relating to Fort King George in South Carolina, was agreed and ordered to be sent.

Plantations General.

Instructions, Surveyor of the Woods, agreed.

The draught of instructions, directed to be prepared the 2nd of February last, for Colonel Dunbar, appointed Surveyor General of his Majesty's Woods in America, was agreed and ordered to be transcribed.

May 31. Present:—Earl of Westmorland, Mr. Docminique, Sir O. Bridgeman, Mr. Cary.

Nova Scotia.

Letter from Colonel Armstrong with papers.

The four following letters from Colonel Armstrong, Lieut. Governor of Nova Scotia, were read, and the papers, therein respectively referred to, were laid before the Board, viz.:—

A letter from him to the Secretary, dated at Canso, 5th September, 1725.

A letter from him to the Secretary, dated at Canso, the 24th of October, 1725.
Petition of John Cox and others to Colonel Armstrong against Mr. John Elliott, with proceedings and depositions thereupon at Canso in October, 1725.
Colonel Armstrong's order for examining the victualling stores provided by Mr. Missing, in October, 1725.
Certificate of victualling stores provided by Mr. Missing, with Colonel Armstrong's reason for not signing it, dated at Canso in October, 1725.

A letter from him to the Board, dated the 30th of April, 1727.
Ensign Philipps' account of his transactions at Beaubassin, pursuant to Colonel Armstrong's orders.
Captain Bennet's account of his transactions at Minas, in pursuance of Colonel Armstrong's orders.
State of the garrison at Annapolis Royal, represented by Colonel Armstrong and all the officers of the garrison.

A letter from him to the Board, dated the 17th of November, 1727.
Minutes of Council, from the 13th of May, 1727, to the 13th of November, following.
Copy of the Proclamation of King George the Second at Annapolis Royal.
Copy of Colonel Armstrong's instructions to Ensign Wroth for proclaiming his Majesty King George the 2nd in several parts of Nova Scotia.
Ensign Wroth's proceedings thereupon.
Articles granted by Ensign Robert Wroth to the inhabitants of Minas, Pisiquith and their dependencies.
Copy of the oath of fidelity taken by the said French inhabitants of Minas, etc.
Copy of the oath of fidelity left with the inhabitants of Chigniton and its dependencies.
Copy of the oath of fidelity taken by several French inhabitants of Nova Scotia to his Majesty King George the 2nd.
Mr. Winnett's representation to the late Lieut. Governor Doucett, relating to the manners and practices of the inhabitants and Indians, particularly at Minas, Checanecton, etc.
Representation of the French inhabitants on the borders of the river at Annapolis Royal against the exportation of corn, till the garrison and themselves are supplied.
Ordre aux deputés pour assembler les habitans pour prêter le serment de fidelité avec leur réponse.
The Lieutenant Governor's order prohibiting trade up the Bay.
Copy of a letter from Monsieur St. Ovide de Brouillan, Governor of Canada, to Colonel Armstrong, dated at Louisburg, the 3rd of October, 1727.
Copy of Colonel Armstrong's letter to Monsieur St. Ovide, of the 13th of November, 1727, complaining of the behaviour of the French about the robbery and seizure of an English sloop at Newfoundland.

Draught of an answer to be prepared.

Ordered that the draught of an answer be prepared thereto.

Letter from Mr. Lechmere.

A letter from Mr. Lechmere, Surveyor General of the Northern Continent of America, in relation to some transactions in Nova Scotia, dated at Boston, the 20th of September, 1727, was read.

Colonel Philipps attends, state of the province, representation agreed and signed; letter to the Duke of Newcastle.

Colonel Philipps, Governor of Nova Scotia, attending, as he had been desired, their Lordships took again into consideration his petition, with the state of that Province, mentioned in the Minutes of the 28th inst.; and after some discourse with him thereupon, a representation to his Majesty was agreed and signed, as also a letter, for enclosing the same to his Grace the Duke of Newcastle.

New Hampshire.

Mr. Newman attends, Act electing an assembly not to be confiremed.

Mr. Newman, agent for New Hampshire, attending, as he had been desired, their Lordships took again into consideration his memorial, mentioned in the Minutes of the 24th inst., as also the Act, therein referred to, passed in December, 1724, for calling and electing an Assembly once in three years, with Mr. Fane's report thereupon, and after some discourse with Mr. Newman upon the said Act, their Lordships did not think it proper to be confirmed.