Journal, January 1734: Journal Book L.L

Journal of the proceedings of His Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving his plantations in America and elsewhere, from the eighth of January, 1733–34, to the thirty-first December, 1734.

L.L.

Journal, January 1734

January 8. Present:—Mr. Docminique, Mr. Bladen, Sir A. Croft.

Jamaica.

State of the island.

Their Lordships taking again into consideration the draught of a representation upon the state of the islands, that part thereof, relating to Jamaica, was agreed.

January 9. Present:—Mr. Docminique, Mr. Bladen, Sir A. Croft.

South Carolina.

Appropriation Act considered.

Duties on negroes, paper money, and protecting debtors, complained of.

Sir William Chapman, Mr. Wragg, Mr. Harris and several other merchants trading to South Carolina attending, as they had been desired [fos. 13, 203], with Mr. Paxton, their solicitor, as also Mr. Wood, in behalf of the merchants of Bristol, and Mr. Hume, late Speaker of the Assembly of that province, against two Acts passed there, entituled, An Act for appropriating the sum of £104,775 1s. 3¼d. towards the payment of the publick debts, passed in 1731, and An Act for the encouragement of the settlement of South Carolina, passed in 1696; and Mr. Furie, agent for the province, with Mr. Young, one of the Council there, attending likewise, with Mr. Sharpe, their solicitor, in behalf of the said laws; their Lordships took again into consideration the two Orders of the Committee, read the 18th of the last month, referring to this Board the petitions of the merchants of London and Bristol, against some Acts of South Carolina, for continuing duties on negroes, issuing of paper money, and protecting of debtors; their Lordships then heard what the merchants and Mr. Hume had to offer against the first of these laws for appropriating the sum of £104,775 1s. 3¼d., etc., as being contrary to His Majesty's instructions to his Governor of South Carolina, not only on account of the duties on negroes thereby continued, but as the fund for sinking the paper currency of that province was applied to different purposes than those appointed by His Majesty's instructions.

As to the Act of 1696, for the better encouragement of the settlement of South Carolina [fo. 6], they said, that it might have been of service at the first settlement of the province, by encouraging people to go thither, but as it was now attended with many ill consequences, by depriving the merchants of Great Britain and others of an opportunity of recovering their just debts, they hoped the Board would lay this Act before His Majesty to be repealed.

Bristol merchants complain of the duties on negroes and protecting debtors.

Mr. Wood then presented to the Board an affidavit of two Bristol merchants, proving the mischiefs attending the trade to Carolina by the Acts for screening debtors, and laying duties on negroes imported there, which was read; and their Lordships resolved to hear what the agent had to offer in behalf of these Acts to-morrow morning.

Act about Habeas Corpus, sent to Mr. Fane.

Order of the Committee of Council, of 6th December, 1733, [fo. 11], referring to this Board an Act, passed in South Carolina, for preventing suits and disturbances to the judges, etc., on account of the Habeas Corpus Act, was read, and their Lordships ordered the said Act to be sent to Mr. Fane, for his opinion thereon in point of law, as soon as conveniently may be.

January 10. Present:—Mr. Docminique, Mr. Bladen, Sir A. Croft.

South Carolina.

Further hearing about duty on negroes and paper money.

Hearing on paper money and protecting debtors.

The Carolina merchants, who attended yesterday, with Mr. Wood, Mr. Paxton and Mr. Hume, attending again [fos. 2, 13], as also Mr. Young, Mr. Furie, agent for the province, and Mr. Sharpe, their solicitor, their Lordships heard what they had to offer in support of the said laws, by representing that the duty on negroes complained of by the merchants, as contrary to the Governor's instructions, was rather allowed by the Governor's instructions than contrary thereto; His Majesty having thereby allowed the duties, which were to sink the paper currency of this province, to be suspended from that purpose for seven years, and to be applied to other uses; that the whole sinking fund, of which the duty on negroes was part, had not been applied according to the letter of the instructions, there had not been a demand for it; but as the remainder was appropriated to the payment of the province debts [fos. 3, 19], and as the merchants were the chief creditors, they seemed to have the least reason to complain.

As to the Act of 1696 for the better encouragement of the settlement of South Carolina, Mr. Sharpe observed, that as the occassion for it was not at present so great, as when the Act was first passed, he had little to object to what the merchants had asked, but as to the appropriation law, he hoped their Lordships would not propose the same to be repealed, from the confusion it might put the province in, it having been in force almost three years, and so far taken effect.

Virginia.

Boundaries.

A letter from Major Gooch to the Secretary, dated July 15th, 1733, for rectifying a mistake in his former letter of February 8th, 1732–3, describing the boundaries between Maryland and Pennsylvania, was read.

January 15. Present:—Earl of Westmorland, Mr. Bladen, Sir A. Croft.

South Carolina.

Colonel Horsey's claim for 48,000 acres of land.

Colonel Horsey attending, presented to the Board an Order of Council, of 20th December, 1733, referring to their Lordships [fo. 11] his petition for 48,000 acres of land in South Carolina, designed him by the late Lords Proprietors, which being read, their Lordships resolved to consider further thereof at another opportunity.

Virginia.

Letters from the Governor, with public papers.

Two letters from Major Gooch, Lieut. Governor of Virginia, to the Board, dated 15th July and 12th September, 1733, were read, and the papers, therein referred to, were laid before the Board, viz:—
A bond given by the Deputy Governor of Maryland, to observe the Acts of Trade, etc.
Accounts of the revenue, to April, 1733.
Naval Officer's lists, to Lady Day, 1733.
Journal of the Council, to June, 1733.

January 16. Present:—Earl of Westmorland.

New England.

New Hampshire boundaries.

Mr. Paris attending, presented to the Board a memorial from Mr. Rindge, relating to the settlement of the bounds between New Hampshire and the province of the Massachusetts Bay, which was read; and ordered to be taken into further consideration on Tuesday morning next, and that the agent for the province of the Massachusetts Bay have notice to attend the Board thereon accordingly.

Massachusetts.

Acts sent to Mr. Fane.

An Order in Council referring to this Board 12 Acts, passed in the Massachusetts Bay in January, 1732–3, and April, 1733, was read; whereupon ordered that the said Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

January 18. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Barbadoes.

A Councillor dead.

A letter from Mr. Sharpe, agent for Barbadoes, with an account of the death of Mr. Pilgrim, one of the Councillors of Barbadoes, and, (in behalf of the Lord Howe), recommending Mr. Gollop to succeed him at that board, was read; and their Lordships gave directions for proposing the draught of a representation for recommending the said John Gollop, Esq., to succeed Mr. Pilgrim.

Massachusetts.

Mr. Fane's four reports on Acts read.

Four reports from Mr. Fane upon several Acts, passed in the Massachusetts Bay, were read, and their Lordships resolved to consider further thereof at another opportunity.

A letter to Colonel Johnson, Governor of South Carolina, was agreed.

January 22. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

New England.

New Hampshire boundaries.

Mr. Wilks, agent for the Massachusetts Bay, attending, with Mr. Sharpe, his solicitor, as also Mr. Paris, in behalf of the Assembly of New Hampshire, their Lordships took again into consideration Mr. Rindge's memorial, read the 16th inst.; and Mr. Wilks acquainting their Lordships, that he was ready, in behalf of the Assembly of the Massachusetts Bay, to submit the determination of the boundaries between that province and New Hampshire to commissioners, to be appointed by the Board, from out of the neighbouring provinces on the continent; the Board desired he would put that proposal in writing, and attend again at another opportunity.

Barbadoes.

Mr. Gollop recommended for a Councillor.

The representation, ordered to be prepared the 18th inst., for recommending Mr. Gollop to be of the Council of Barbadoes, was agreed and signed.

South Carolina.

Act about Habeas Corpus Act, to be considered on Friday.

Mr. Fane's report upon an Act, passed in South Carolina in 1733, entituled, An Act for the prevention of suits and disturbances to His Majesty's judges and magistrates in this province, on account of the Habeas Corpus Act, was read, and direction was given that all parties should attend the Board upon this subject on Friday morning next.

January 23. Present:—Earl of Westmorland, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

Colonel Horsey's claim to land examined.

Colonel Horsey attending, with Mr. Shelton, Secretary to the late Lords Proprietors of Carolina, he presented to the Board a warrant signed by the said Lords Proprietors, for granting to him 48,000 acres of land in that province, which being read, he left a copy thereof. He likewise presented to the Board the copy of an Order in Council, directing the said Lords Proprietors to lay before the Council a list of such grants of land as they had made to themselves or others, as also the return of the said Lords Proprietors to the Council, in which Colonel Horsey's warrant is particularly specified, which papers were read; and their Lordships observing to Colonel Horsey, that although the quit rent reserved by his warrant was but ten shillings for every thousand acres, the quit rent reserved by His Majesty since his purchase of that province, was four shillings proclamation money for every hundred acres, upon which Colonel Horsey said, that he was willing to submit to the said quit rent, in hopes His Majesty might make him some further consideration for his services, in perfecting the agreement with the late Proprietors for the purchase of the said province.

Their Lordships then desired Colonel Horsey to put in writing what he had to offer upon this subject, which he promised to do accordingly.

January 24. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

South Carolina.

Appropriation Act to be repealed.

Their Lordships taking again into consideration the Orders of the Committee, mentioned in the Minutes of the 9th instant, upon the petitions of the merchants of London and Bristol, against some Acts of South Carolina, protecting debtors, issuing and appropriating paper money, laying duties on negroes, etc., and gave directions for preparing the draught of a representation for repealing the Act, passed there in 1731, for appropriating the sum of £104,725 1s. 3¼d. towards payment of the publick debts.

Trade.

Grievances at Sicily.

Their Lordships also took again into consideration the letter from the Lord Harrington, read the 17th of October last, relating to the grievances the British merchants lye under in Sicily, and gave directions for preparing a draught of a letter to the Lord Harrington.

Bermuda.

Three letters from the Governor, and public papers.

Three letters from Captain Pitt, Governor of Bermuda, were read, and the papers, therein referred to, were laid before the Board, viz:—

Letter from Governor Pitt, dated 20th September, 1733, acknowledging his receipt of the Board's letter of 13th September, 1732, and complaining of the difficulty of getting an equivalent for the whale licences.

Letter from Governor Pitt to the Secretary, dated 20th September, 1733, with
Votes of Assembly in 1733.
Three Acts, passed in August, 1733.
Letter from Captain Pitt, dated 22nd March, 1732–3, to the Secretary, with
Answers to queries from the Lords Commissioners for Trade, 1733.
Account of publick rents, to December, 1730.
Account of powder money, to December, 1730.
Account of the liquor and negro duty for 1730, 1731, and 1732.
Votes of Assembly, from 22nd June, 1731, to the 9th November, 1732.
12 Acts, passed in 1731 and 1732.

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

Nova Scotia.

Two Orders in Council, land to be granted to Colonel Hart.

Two copies of Orders in Council, of 21st December, 1732, directing the Surveyor of His Majesty's lands in Nova Scotia to lay out, and the Governor to pass a grant of Holt Island and a piece of land about 12 leagues in length, and one and a half in breadth, on a peninsula in the Bay of Fundy in Nova Scotia, to Colonel Hart under certain conditions, were read.

January 25. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

Trade.

Sicily.

The letter to the Lord Harrington, in answer to his Lordship's of 21st September, 1733, relating the grievances the British merchants lye under in Sicily, ordered yesterday to be prepared, was agreed.

South Carolina.

Act about Habeas Corpus Act to be repealed.

Mr. Hume, late Speaker in the Assembly of South Carolina, and several merchants trading to that province attending, as also Mr. Furie, agent to the said province, with Mr. Young, one of the Council there, and Mr. Sharpe, their solicitor, their Lordships took again into consideration the Order of the Committee of Council, referring to this Board, the Act for preventing suits and disturbances to the judges, etc., on account of the Habeas Corpus Act, read the 9th instant, as also Mr. Fane's report upon the said Act, read the 22nd instant, and read a letter from Colonel Johnson, dated the 4th of May last, relating thereto; and after having heard what these gentlemen had to offer for and against the said Act, gave directions for preparing a draught of a report for repealing the same.

January 29. Present:—Earl of Westmorland, Mr. Docminique, Sir O. Bridgeman, Mr. Brudenell.

Trade.

Grivenances in Sicily, report signed.

The letter to the Lord Harrington, relating to the grievances the British merchants lye under in Sicily, agreed at the last meeting, was signed.

January 31. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman.

South Carolina.

Colonel Horsey's claim of 48,000 acres of land.

A memorial from Colonel Horsey, praying a favourable report to His Majesty in his behalf, with regard to his claim [fos. 11, 20] of 48,000 acres of land in South Carolina, was read; and their Lordships, taking again into consideration his petition, mentioned in the Minutes of the 15th instant, gave directions for preparing a draught of a report thereupon.