Journal, December 1730: Journal Book G.G

Journal, December 1730

December 1. Present:—Earl of Westmoreland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

New England.

Mr. Belcher's letters answered.

Their Lordships, taking into consideration the two letters from Mr. Belcher, Governor of New England, read the 20th of October and 11th of November last, agreed and signed an answer thereto.

Barbadoes.

A letter from Mr. Vernon, one of the clerks of the Council, inclosing the copies of two petitions from the planters, traders, and inhabitants of the island of Barbadoes, and from the merchants and traders to his Majesty's sugar colonies in America, complaining that Ireland and the northern colonies are supplied with sugar, rum, etc., from the French and Dutch sugar plantations, and copies of three other petitions, in behalf of the Northern colonies against the said two petitions, and desiring the Board to be present at the Committee of Council the 21st of next month, to hear what shall be offered on each side, was read.

Bermuda.

Mr. Nodin attends about the Governor's and Council's losses sustained by the Spaniards.

Answer to the Governor and Council.

Mr. Nodin, agent for Bermuda, attending, as he had been desired, their Lordships acquainted him with the request of the Governor and Council of Bermuda, in relation to their losses mentioned in their letter read at the last meeting, and desired to know whether he had not a more complete account thereof, that they might transmit the same to the Commissaries; but Mr. Nodin informing the Board, that he had not, ordered that the draught of an answer be prepared to the Governor and Council's said letter, to acquaint them that they must send a more complete account of the aforementioned losses.

Antigua.

Mr. Yeamans attends about Act to cut off the intail of John Bradshaw.

The Secretary then acquainted the Board that Mr. Yeamans, agent for Antigua, desired their Lordships would please to consider and make their report upon an Act, passed in that island in 1729–30, entituled, An Act for cutting off the intail of certain lands formerly of John Bradshaw, deceased, and setting the same upon Francis Delap, of the island of Antigua, merchant, and his heirs, subject to the right and charged and burthened with several sums of money hereinafter mentioned. Their Lordships then taking the said Act into consideration, read Mr. Fane's report thereupon, and gave directions for preparing the draught of a representation, for proposing the same to His Majesty to be confirmed.

December 2. Present:—Earl of Westmoreland, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

The following copies of Orders in Council, were read, viz:—

Virginia.

Henry Harrison, Councillor.

Order in Council, dated the 18th of November last, approving a representation of this Board for the appointing Henry Harrison, Esq., one of the Council of Virginia, in the room of Mr. Beverley, deceased.

Massachusetts.

Col. Dunbar, settlement.

Order in Council of the 12th of November last, directing Jonathan Belcher, Esq., Governor of the Massachusetts Bay, not to proceed in the military expedition intended against Frederick Fort, where Col. Dunbar, Surveyor General of His Majesty's Woods, has lately settled some Irish families.

Barbadoes.

Mr. Ashley, a Councillor.

Order in Council of the 18th of November last, referring a representation of this Board, recommending John Ashley, Esq., to be of the Council of Barbadoes, together with a letter from Mr. Worseley, Governor of that island, opposing the said Mr. Ashley, to a Committee of Council.

Jamaica.

Potter, Naval Officer.

Order in Council of the 18th of November last, directing the Attorney General of Jamaica to prosecute John Potter, late Naval Officer there, for neglecting to send home any vouchers for his disbursements for the sum of £32, 064, which he drew on the Lords of the Admiralty.

Connecticut.

Act, Intestates' estates.

Their Lordships taking into consideration the draught of a representation upon an Order of the Committee of Council, in relation to an Act, passed at Connecticut, for the settlement of intestates' estates, read the 21st of April last, gave directions for summoning the agents for Connecticut and Mr. Winthrop, to attend the Board on Friday next.

New York.

Mr. Bradley, Attorney General.

The draught of a report, ordered to be prepared the 8th of September last, upon that part of the Duke of Newcastle's letter of the 7th of March, and mentioned in the Minutes of the 2nd of September, which relates to Mr. Bradley, the Attorney General of New York, who complains that his salary and fees have been stopped since December, 1724, was agreed and ordered to be transcribed.

Virginia.

Act, Staple of Tobacco, sent back.

A letter from Mr. Carkesse, signifying the Commissioners' of the Customs desire of being excused of giving their opinion upon Acts of Assembly, without an Order from the King or the Lords of the Treasury; and returning back again the Virginia Act for amending the staple of tobacco and for preventing frauds in His Majesty's Customs, sent to Mr. Carkesse the 19th of the last month, was read; and their Lordships gave directions for preparing an answer thereto.

December 3. Present:—Earl of Westmoreland, Mr. Pelham, Mr. Bladen, Sir A. Croft.

South Carolina.

Mr. Oglethorpe and others, about settling poor people.

Mr. Oglethorpe, Sir John Ganson, Mr. Towers, Mr. Hucks and Mr. Heathcote attending, they presented to the Board an Order of the Committee of Council, dated the 23rd of the last month, referring to the Board a petition from the Lord Percival and several others, praying for a charter of incorporation, for settling poor people in South Carolina, in which province they desire a tract of land may be granted for that purpose; and the said order being read, their Lordships desired these gentlemen would put into writing their particular proposals upon this subject, and bring them to this office as soon as may be, that the Board might take them into consideration, which they promised to do accordingly.

Antigua.

Act, intail of John Bradshaw.

Report agreed.

The draught of a report for confirming an Act, passed at Antigua in 1729–30, for cutting off the intail of certain lands, formerly of John Bradshaw, deceased, and settling the same upon Francis Delap of the island of Antigua, merchant, and his heirs, subject to the right and charged and burthened with several sums of money hereinafter mentioned, ordered to be prepared the 1st inst., was agreed.

Virginia.

Letter to Mr. Carkesse about the Commissioners of the Customs sending back the Virginia Act without their opinion.

The draught of an answer to Mr. Carkesse's letter, signifying the Commissioners' of the Customs desire of being excused upon giving their opinion upon Acts of Assembly without an Order from the King or the Lords of the Treasury, read yesterday, was agreed and ordered to be sent.

December 4. Present:—Earl of Westmoreland, Mr. Docminique, Mr. Pelham.

Antigua.

Report.

Act of cutting off the intail of John Broadshaw, signed.

The representation agreed yesterday, for confirming an Act, passed at Antigua in 1729–30, for cutting off the entail of certain lands formerly of John Bradshaw, deceased, and settling the same upon Francis Delap of the island of Antigua, merchant, and his heirs, subject to the right and charged and burthened with several sums of money herein aftermentioned, was read.

Connecticut.

Agents attend.

Act, Intestates' estates.

Mr. Dummer and Mr. Wilkes, agents for Connecticut, attending, as they had been desired, with Mr. Winthrop, their Lordships desired to know from them how and in what manner the colony of Connecticut would be affected by the annulling the Act for settling intestates' estates, and Mr. Dummer acquainted the Board, that the colony would be reduced to the utmost confusion, if their estates, as they now hold them, should not be secured to the present possessors, their tenures liable to being reversed, or at least to be disputed at law, in a manner that cannot fail to be extremely expensive and vexatious. These gentlemen being withdrawn, their Lordships agreed to consider further of this law at another opportunity.

Trade.

Spain.

Losses.

The Secretary then laid before the Board the several memorials of the following persons, relating to the loss and damage sustained by their several ships and goods being taken by the Spaniards, which memorials have been authenticated by proper officers at Doctors' Commons.

The loss:—
Of George Clerk.
Of John Lapp, Job Hart and Edward Splaine.
Of Capt. James Porter and William Harris.
Of Messrs. Caswall, Eyre and Howell.
Of Thomas Wenmoth.
Of Joseph Chitty.
Of Jonathan Fisher.
Of Samuel and John Storke.
Of Thomas Jenner and Company.
Of Messrs. Longuets.
Of Mr. Robert Hackshaw.
Of Charles Chambers, Esq.
Of Samuel Storke and John Williams
Of Mr. Samuel Storke.
Of Mr. Samuel Geerish.
Of Mr. Timothy Prout.
Of Mr. Nathaniel Cunningham.
Of Messrs. Longuet's second loss.
Of Messrs. Anthony and Richard Merry.
Of John Govan and Company.
Of Thomas Jenner and Company.
Of Mr. Joseph Chitty.
Of Thomas Marsden and John Finch.
Of Mr. Joseph Chitty and Company.
Of Mr. Thomas Forster.
Of Robert Abbon and Company.
Of Mr. Joseph Chitty.
Of Messrs. Gibbs, Lewen and Potter.
Of William Clark.
Of Capt. William Hinder.
Of Mr. Joseph Harris.
Of Mr. John Caswall.
Of Patrick Trahee and Michael Archer.
Of Joseph Chitty.
Of Mr. Thomas Fitch.
Of Mr. Richard Copithorne.
Of James Mills.
Of William Pugsley.
Of Sir Thomas Bury and Company.
Of Stephen De Lancey, Henry Lane, Peter Barberie and John Moor.
Of Samuel Baker, Louis Ginlet and Company.
Of Christopher Banker and Company.

The several affidavits of the following persons, in relation to their losses sustained by the Spaniards, were likewise laid before the Board:—
Affidavit of Timothy Ward, Thomas Ward and Jeremiah Hall.
Affidavit of Captain Turner.
Affidavit of Ellis Bennett.

A letter from the Duke of Newcastle, dated the 11th of September last, was read, and the paper, therewith transmitted, laid before the Board:—
A letter from the resident of Venice, enclosing a certificate of the loss of the freighters of the ship Hannover, taken by the Spaniards.

Trade.

Spain.

Letter to the Commissaries, with the losses.

Whereupon their Lordships gave directions for preparing the draught of a letter, for enclosing the said memorials, affidavits and papers to the Commissaries.

December 8. Present:—Earl of Westmoreland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

Antigua.

Pennsylvania.

Hearing of Acts put off.

A letter from Mr. Sharpe and Mr. Paris, desiring that the consideration of the Antigua and Pennsylvania Acts, appointed the 10th of the last month for this day, may be deferred till Thursday seven-night, was read.

Plantations General.

Letter to the Attorney and Solicitor General.

Fine and Recovery.

Ordered that a letter be wrote to Mr. Attorney and Mr. Solicitor General for their opinion, whether a fine and recovery passed here will cut off the intail of lands lying in the plantations.

Connecticut.

Report, Intestates' estates.

The draught of a report to the Committee of Council in relation to an Act, passed at Connecticut, for the settlement of intestates' estates, mentioned in the Minutes of the 2nd inst., was agreed.

Jamaica.

Act to vest lands in Andrew Arcedeckne.

Report ordered.

Their Lordships then took into consideration an Act, passed in Jamaica in 1724, for vesting the equity of redemption of certain lands in the parish of St. Thomas in the Vale, late the estate of Mr. Thomas King, deceased, in Andrew Arcedeckne and Alexander Henderson, Esq., and their heirs, and for enabling them to sell and dispose of the said lands for the payment of the said Thomas King's debts, and Mr. Fane's report thereupon being read, ordered that the draught of a representation be prepared for confirming the same.

December 9. Present:—Earl of Westmoreland, Mr. Docminique, Mr. Pelham, Mr. Bladen.

South Carolina.

Several persons attend with a memorial about the settlement of poor people.

The Lord Tyrconnel, Mr. Oglethorpe, Mr. Hutchinson, Mr. Hucks, Mr. Heathcote, Sir William Chapman, Sir Joseph Eyles, and several other gentlemen attending, with several merchants trading to South Carolina, Mr. Oglethorpe presented to the Board a memorial from the gentlemen concerned in the petition for a charter of incorporation for settling poor people in South Carolina, read the 3rd inst., and their Lordships, upon considering the proposals in the said memorial, acquainted them, in answer to that part thereof, which relates to their desire of having, holding, possessing, enjoying and purchasing £1,000 per annum inheritance in Great Britain, and estates for lives or years, goods and chattels of any value, etc.

The Board's propositions.

1. That the value of goods and chattels must be stinted.

2. That no rivers must be granted to them in propriety, but that rivers must be in common to all the King's subjects.

3. That their laws must be formed at home, revised by the King, and by his licence sent to this proposed Colony, subject always to his repeal, upon their being found inconvenient.

4. That all the military officers in the said Colony must have their commissions from the Governor of South Carolina.

5. That all the civil officers, in whom the execution of the aforementioned laws is to be lodged, must be approved by the Crown.

6. That they must pay the usual quit rent paid in that province after a term of years.

Given to Mr. Oglethorpe.

Mr. Oglethorpe then acquainted the Board, that he would take the opinion of the gentlemen concerned upon the six foregoing propositions, and wait upon the Board at another opportunity.

December 10. Present:—Earl of Westmoreland, Mr. Pelham, Mr. Bladen, Sir A. Croft.

Virginia.

Letter from Mr. Carkesse for the Act, staple of tobacco.

A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, desiring the Virginia Act for amending the staple of tobacco, and for preventing frauds in His Majesty's Customs (upon which the said Commissioners, by Mr. Carkesse's letter, read the 2nd inst., desired to be excused giving their opinions without an Order from the King or from the Lords of the Treasury), may be sent back again to that office, was read, and ordered that a letter be wrote Mr. Carkesse with the said Act, and the desire of this Board that the Commissioners of the Customs will give their opinion upon it, so far as the revenue of the Customs may be concerned therein.

Bermuda.

Letter to the Governor and Council.

A letter to the Governor and Council of Bermuda, directed to be prepared the 1st instant, was agreed and ordered to be sent.

North Carolina.

Letter from the Governor about new grants, etc.

Answer ordered.

A letter from Capt. Burrington, Governor of North Carolina, desiring the Board's directions, in relation to the making out of new grants to old landholders, and to the appointment of receivers for the country taxes, was read, and an answer agreed thereto.

New York.

Representation, Mr. Bradley, Attorney General, signed.

The representation upon that part of the Duke of Newcastle's letter of the 7th of March last, which relates to Mr. Bradley, the Attorney General of New York, agreed the 2nd inst., was signed; as also a letter, for enclosing the same to the Duke of Newcastle.

December 11. Present:—Mr. Docminique, Mr. Pelham.

Jamaica.

Representation, Arcedekne's Act, signed.

A representation for confirming an Act, passed in Jamaica in 1724, for vesting the equity of redemption of certain lands in the parish of St. Thomas in the Vale, late the estate of Thomas King, deceased, in Andrew Arcedeckne and Alexander Henderson, Esq., and their heirs, and for enabling them to sell and dispose of the said lands, for the payment of the said Thomas King's debts, was signed.

Nova Scotia.

Letter from Colonel Phillips, with papers.

A letter from Col. Phillips, Governor of Nova Scotia, was read, and the papers, therein referred to, were laid before the Board, viz:—
A list of fishing vessels cleared outward at the Port of Canso, September the 7th, 1730.
Copie d'Arrest du Conseil d'Estat du Roy concernant les concessions faites des terres de la province d'Accadie dans la Nouvelle France, à Versailles, 20 Mars, 1730.
Oath of fidelity subscribed by several French inhabitants of Nova Scotia.

Letter from Mr. Adair.

A letter from Mr. Adair, agent to Colonel Phillips, Governor of Nova Scotia, desiring that the Colonel may be reimbursed the charge he has been at, in purchasing a small vessel for the use of the province, and their Lordships agreed to consider further thereof, when they shall take into consideration the draught of a letter to Colonel Dunbar, ordered to be prepared the 4th of the last month.

December 15. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

South Carolina.

Persons attend about settlement of poor people.

Answer to the propositions.

Mr. Oglethorpe attending, with Mr. Heathcote and Mr. Hucks, their Lordships took again into consideration the memorial presented by Mr. Oglethorpe, in relation to a charter of incorporation for settling poor people in South Carolina, read the 9th inst., as also the propositions made to them at the same time, and Mr. Oglethorpe acquainted the Board, that, having consulted the several gentlemen concerned in this affair, they had directed him to inform the Board, that as to the

1st; Relating to the value of their goods and chattels, should the same be limited to a large sum; they apprehended it might be a prejudice to their undertaking, and if to a small sum, it might not answer the end proposed, and therefore desired they might not be stinted as to value.

In answer to the 2nd, viz: that no rivers should be granted to them in propriety; he said they submitted thereto, but desired their grant might be bounded southerly, by the most southern branch of the River Alatamaha, and northerly by the most large and navigable branch of the Savanah.

In answer to the 3rd, relating to the manner of making their laws, they agreed that the laws to be made by this Corporation should be immediately laid before the King, and if not disapproved by him in (fn. 1). . . . days, they might be sent over and be in full force, until the King shall think fit to disallow them.

In answer to the 4th and 5th, they agreed, that all their Judges, Justices of the Peace and all their commissioned military officers should be approved by the King.

In answer to the 6th, they agreed to pay the province quit rents for their lands, as the same should be improved.

Their Lordships then agreed to consider further of this affair to-morrow morning.

New Hampshire.

Letter from Mr. Burchet with Dr. Sayer's opinion about Foolsom's cutting pine trees.

A letter from Mr. Burchet, Secretary to the Lords Commissioners of the Admiralty, with the opinion of Dr. Sayer, their advocate in the High Court of Admiralty, upon the proceedings on a prosecution against Jeremiah Foolsom, for cutting pine trees without licence, in the province of New Hampshire, was read, and directions were given for sending a copy thereof to Col. Dunbar.

December 16. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

South Carolina.

Settlement of poor people.

Report ordered.

Their Lordships taking again into consideration the Order of the Committee of Council, referring to the Board a petition from the Lord Percival and several others, praying for a charter of incorporation for settling poor people in South Carolina, and the memorial from Mr. Oglethorpe, mentioned in the Minutes of the 3rd and 9th inst., gave directions for preparing the draught of a report thereupon.

December 17. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Signed.

The representation, ordered yesterday to be prepared, concerning the charter of incorporation for settling poor people at South Carolina, was agreed and signed.

December 29. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Plantations General.

Cutting off intails.

Mr. Attorney and Mr. Solicitor General's report upon a query sent to them the 8th inst., viz. whether any fine or recovery levied here will cut off the intail of lands lying in the plantations in America, was read; and directions were given for preparing the draught of a circular letter, for inclosing a copy thereof to the several Governors of the colonies in America.

December 30. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Antigua.

Memorial, Chancery Act.

A memorial from the merchants trading to Antigua, desiring the Board would please to report in favour of an Act of that island for supplying certain defects in the Chancery Act there, was read, and their Lordships agreed to consider thereof on Wednesday next.

Plantations General.

Newfoundland.

General Report.

Their Lordships then took into consideration the draught of that part of the general report upon the state of the plantations, ordered to be prepared the 30th of June last, in relation to Newfoundland, and gave directions that the Secretary should examine the vouchers to the several facts therein stated.

December 31. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell, Sir A. Croft.

Miscellanies.

Salary and Incidentals.

The Secretary laid before the Board the account of petty expences and incidental charges for the service of this office, between Michaelmas, 1730, and Christmas following, amounting to £312 11s. 1d.

And a letter to the Lords of the Treasury, desiring payment thereof, as also of one quarter's salary due to the Secretary and other officers at Christmas day last, was signed.

Nova Scotia.

Letter from Colonel Dunbar, with papers.

A letter from Col. Dunbar, Surveyor General of His Majesty's Woods on the continent of America, to the Secretary, dated the 21st of October, 1730, was read; and the papers, therein referred to, were laid before the Board, viz:—
Copies of several letters between Governor Belcher and Col. Dunbar, in 1730.
Proclamation issued by Mr. Belcher, to prevent the destruction of His Majesty's woods.
The Boston Gazette of the 19th of October, 1730.
Printed votes of the House of Representatives of the Massachusetts Bay, from the 28th of September, 1730, to the 21st of October following.

Mr. Dunbar summoned.

Ordered that Mr. Jeremiah Dunbar be acquainted with the Board's desire of speaking with him thereupon on Tuesday next.

Connecticut.

Act, Intestates' estates.

The report to the Committee of Council in relation to the Act, passed at Connecticut, for the settlement of intestates' estates, agreed the 8th inst., was signed.

North Carolina.

Warrant, new seal.

An Order in Council, dated the 14th inst., directing this Board to prepare a draught of a warrant for transmitting a new seal to the Governor of North Carolina, and empowering him to use the same, was read; and the draught of a warrant being accordingly prepared, their Lordships signed a letter, for enclosing the same to the Duke of Newcastle.