Journal, May 1734: Journal Book L.L

Journal, May 1734

May 1. Present:—Earl of Westmorland, Sir O. Bridgeman.

Jamaica.

Rebellious negroes.

A letter from Mr. Harris, with the extract of one from Jamaica, relating to several negroes from plantations deserting to those in rebellion, was read; and a letter, for inclosing copies thereof to the Lord Harrington, was agreed and signed.

Trade.

Russia Treaty.

A letter from the Lord Harrington of 25th April, 1734, with extracts of letters from the Lord Forbes and Mr. Rondeau, dated 23rd March, 1733–4, and 30th of the same month, relating to the state of the treaty of commerce in agitation with Muscovy, was read, and their Lordships resolved to consider further thereof at their next meeting.

Plantations General.

Jews pray a grant of an unsettled country.

Another letter from the Lord Harrington, dated January 11th, 1733–4, with a petition of John de Costa, etc., praying a grant of a tract of land on the continent of America, 400 miles distant from any European settlement, was also read, and their Lordships resolved to consider further thereof at another opportunity.

Barbadoes.

Law, Act to lie by.

The Board then read an Act of Barbadoes, passed in 1732, for limitation of actions and avoiding of suits, and for the better securing to the inhabitants of this island the peaceable possession of their estates, and Mr. Fane's report thereon, and agreed that the same should lie by probationary.

Virginia.

Grievances in the tobacco trade.

Anonimous letter to the Board, dated November 28th, 1733, complaining of some grievances in the tobacco trade at Virginia, was also read.

May 15. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen.

Trade.

Russia Treaty.

A letter from the Lord Harrington, of May 3rd, 1734, with
Extract of a letter from the Lord Forbes and Mr. Rondeau, dated at Petersburgh, April 6th, 1734, and
Copy of a memorial, inclosed in the said letter from the Lord Forbes, etc., containing several observations on the project of a treaty of commerce with Russia.
and another letter from the Lord Harrington, of the 10th instant, with an extract of one from the Lord Forbes about the said treaty, was read; and their Lordships, taking the same into consideration, as likewise another from the Lord Harrington, read at the last meeting, made a progress therein.

May 16. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen.

Trade.

Russia Treaty.

The Board, taking again into consideration the three letters from the Lord Harrington, relating to the treaty of commerce with Russia, mentioned in yesterday's Minutes, ordered that the Russia Company should be desired to attend the Board on this subject on Tuesday morning next.

South Carolina.

Objections to an Act about justices.

Order of the Lords of the Committee of Council, of 22nd March, 1733—4, referring to the Board the petition of Robert Wright, Esq., Chief Justice of South Carolina, against An Act passed there, impowering the Governor to nominate assistant justices [fos. 76, 80].

Mr. Fane's report on Act about jury lists.

Mr. Fane's report of 5th March, 1733–4, on An Act of South Carolina, passed in 1731–2, to prevent any delay of justice, that may be occasioned by not drawing the jury list, etc., and for regulating several courts, was read, signifying that he had no objections to it [fo. 23].

Agents complaining of the Governor, to attend.

And a letter from Mr. Young, inclosing three affidavits, relating to the Governor having removed one Mr. Cooper from being an assistant judge in South Carolina, and put one Dale in his place, were all read; and directions were given for desiring Mr. Hume, who solicits the said petition, and Mr. Young, to attend the Board thereupon on Tuesday morning next.

Leeward Islands.

Governor's letters and papers read.

Letter from Colonel Michael Smith, Lieut. Governor of Nevis and Commander in Chief of the Leeward Islands, dated 19th and 31st of October, 1733.
Tryal of Mr. Theobald Mun upon an information for challenging Mr. Spooner, Solicitor General of the Leeward Islands.
Mr. Mun's petition and case, relating to his fine and imprisonment upon the said information.
Minutes of Council of St. Christophers, in September, 1733, relating to the imprisonment, fine, pardon and enlargement of Mr. Mun.
The second petition of Mr. Mun to Colonel Smith, upon the Provost Marshal's refusing to release him out of gaol.
Proceedings of the Assembly of St. Christophers, upon an information laid before them, relating to the conduct of Colonel Smith, in discharging Mr. Mun from his fine and imprisonment, and about provision to be made for the reception of General Mathew.
Colonel Smith's letter to Mr. Spooner, upon the case of Mr. Mun.
Mr. Spooner's answer to Colonel Smith, relating to the releasement of Mr. Mun.
Representation of the judges of St. Christophers to Colonel Smith, relating to the case of Mr. Mun.
List of fines imposed and suspended at St. Christophers.
Judge's letter of Antigua, advising the suspension of Mr. Nisbett's £60 fine.
Letter from Colonel Smith to the Judges of St. Christophers, relating to Mr. Mun's case.
Mr. Payne's affidavit, relating to Judge Brown's letter to Colonel Smith, and a letter to Colonel Smith in favour of Hardtman.

May 21. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen.

Trade.

Russia Treaty.

Mr. Spelman, Mr. Thornton, Mr. Martin, Mr. Benson and Mr. Fawthorp, members of the Russia Company, attending, as they had been desired, the Board took again into consideration the three letters from the Lord Harrington, mentioned in the Minutes of the last meeting, and after some discourse with them thereupon, the Russia merchants desired a copy of the letter from Lord Forbes and Mr. Rondeau, that they might give their answer thereto in writing, which was ordered accordingly.

Leeward Islands.

Stores of war wanting, state of defence.

Colonel Hart, formerly Governor of the Leeward Islands, attending, the Board had some discourse with him in relation to the state of those islands, and the want of stores there; and he informed the Board, that in his opinion a naval force would be of the most advantage for their protection: that four sloops would be better than larger ships, because of the many flats among the islands, and that if a General Assembly was called, all the islands might be proportionably taxed for the maintenance of them: that formerly General Assemblies of all the islands had been called when they apprehended any invasion: that with regard to their inland force, besides the regiment, which was but in a bad condition, there was a militia, and Acts subsisting for the arming of them, but that great numbers of the inhabitants were so very poor, that they could not do it; as for any further information, concerning the state of these islands, he referred himself to his answer to queries from this Board in 1724 [Bundle R 101].

South Carolina.

Acts about assistant judges coting, considered; ordered to lie by.

Mr. Young and Mr. Furie, agents for South Carolina, attending, as they had been desired, as also Mr. Hume, who brought to this office the Order of Reference from the Lords of the Committee, upon the petition of Mr. Wright, read the 16th instant [fo. 75], the Board desired Mr. Hume would inform them what he knew concerning the said Act; but he said, he had received no instructions from Mr. Wright upon that subject; and it appearing to the Board that the Act was only passed to solve a difficulty, (viz., whether the assistant judges had any right of voting with the Chief Justice in criminal causes), and did not contradict any of the King's instructions to the Governor; resolved that the said Act should lie by probationary.

May 22. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Jamaica.

Governor's letter and papers read.

A letter from General Hunter, Governor of Jamaica, dated March the 11th, 1733–4, was read, and the papers, therein referred to, were laid before the Board, viz:—
Public papers.
Representation of the Council and Assembly of Jamaica to the Board of Trade, relating to the distressed condition of His Majesty's subjects in that island, from the negroes in rebellion, and the apprehension of a general insurrection of their slaves.
Copy of his Excellency's speech to the Council and Assembly, February 13th, 1733–4.
Copy of the Assembly's address to the Governor, February 16th, 1733–4.
Copy of a message from the Assembly to the Governor, March 8th, 1733–4, with the Governor's answer.
List of Acts, passed the 9th of March, 1733–4.

Account of the rebellious negroes sent to Duke of Newcastle.

A letter from Mr. Harris to the Secretary, inclosing the extract of two from Jamaica, relating to the rebellious negroes there, was also read, and a letter thereupon to the Duke of Newcastle, was agreed and signed.

May 23. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

New Hampshire.

Desire to issue paper money.

Captain Tomlinson, agent for New Hampshire, attending, presented to the Board a memorial from the Assembly, praying for leave to pass An Act for emitting paper money; and Captain Tomlinson acquainting the Board, that he had presented to the Duke of Newcastle a petition to the same purpose, to be laid before the King, the Board resolved to defer this matter till the said petition should be referred to them.

Governor complained of for not admitting two Councillors.

Lieut. Governor complains of the Governor.

Captain Tomlinson then presented to the Board two other memorials, one in behalf of Messrs. Atkinson and Wentworth, appointed of His Majesty's Council of New Hampshire, complaining that Mr. Belcher had refused to admit them into the said Council; the other, in behalf of Colonel Dunbar, Lieut. Governor of that province, complaining of Governor Belcher, for depriving him of the power and profits of his post; which memorials being read, their Lordships appointed next Wednesday morning for the consideration thereof, and gave directions that the agent for New England should be acquainted with the Board's desire of speaking with him at the same time.

Jamaica.

Rebellious negroes.

Mr. John Sharpe, agent for Jamaica, attending, represented to the Board the danger the Island of Jamaica was in from the negroes in rebellion there, and desired, in behalf of that island, that their Lordships would please to take the state thereof into consideration, and lay the same before His Majesty; but their Lordships acquainted him that they had yesterday wrote a letter to the Duke of Newcastle upon that subject.

Letter to the Governor signed.

The letter to Major General Hunter, Governor of Jamaica, ordered to be prepared the 26th of the last month, was agreed and signed.

May 28. Present:—Mr. Pelham, Mr. Bladen.

Trade.

Russia Treaty.

A letter from Mr. Holden, Governor of the Russia Company, dated May 24th, 1734, with their observations on the two points in the extract of the Lord Forbes's and Mr. Rondeau's letter to the Lord Harrington, of the 13th of the last month, was read, and their Lordships taking again into consideration the three letters from the Lord Harrington, with the papers, therein referred to, mentioned in the Minutes of the 21st instant the trade to Russia, and the project of a treaty of commerce with that Crown, directions were given for preparing the draught of a letter to the Lord Harrington thereupon.

May 29. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

New Hampshire.

Complaints against the Governor for not admitting new Councillors.

Complaints against the Governor, suspended.

Captain Tomlinson, agent for New Hampshire, attending, as he had been desired, as also Mr. Wilks, agent for the Massachusetts Bay, with Mr. Belcher, junior, and Mr. Partridge, the Board took again into consideration the two memorials from Captain Tomlinson, read the 23rd inst., relating to Mr. Atkinson and Wentworth, appointed members of the Council of New Hampshire, and to Colonel Dunbar, Lieut. Governor of the said province; their Lordships likewise read a letter from Mr. Belcher, Governor of New England, and a letter from his son, inclosing copies of the Minutes of Council of New Hampshire, relating to Messrs. Atkinson and Wentworth not having been admitted into the Council of that province, according to their appointment; these papers being severally read, and all parties agreeing that the facts therein mentioned were truly stated, their Lordships agreed to lay before His Majesty a state of this case; but Mr. Partridge, in behalf of Mr. Belcher, acquainted the Board, that what Mr. Belcher had done proceeded from his having misapprehended his instructions, and having judged that, although he was in the Massachusetts Bay, yet that his power was the same in New Hampshire; and therefore Mr. Partridge desired the Board to please suspend the representing this matter to His Majesty, until he had had an opportunity of writing to Mr. Belcher: that he would engage Mr. Atkinson and Mr. Wentworth should be instantly admitted into the Council, and that Mr. Belcher would conform to the tenour of his commission and instructions with regard to the Lieut. Governor of New Hampshire.

The Governor and Lieut. Governor advised thereof.

Mr. Belcher, junior, and Mr. Wilks, engaging in the same manner, the Board agreed to postpone representing this affair to His Majesty, but gave directions for preparing the draught of a letter to Mr. Belcher thereupon, as likewise to Colonel Dunbar, the Lieut. Governor of New Hampshire.

Trade.

Russia Treaty, reported.

The letter to the Lord Harrington, containing the Board's observations on the proceedings, in relation to a treaty of commerce with Russia, was agreed and signed [fo. 84].

May 30. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

New York.

Church Act considered.

A representation from the Society for the Propagation of the Gospel in foreign parts to the Board, against An Act, passed at New York, to empower the vestry of the parish of Jamaica to dispose of £60, now in the hands of the churchwardens, etc., was read; whereupon ordered that the Bishop of London be acquainted that the Board have appointed next Wednesday morning for taking the said Act into consideration, and that he be desired to be present at the same time.

Parties.

summoned.

Ordered that Mr. Paris, who signed the said memorial in behalf of the Society, and the agent of the province be desired likewise to attend.

Leeward Islands.

Stores of war wanting.

A memorial from Mr. Yeamans, agent for Antigua, and another from Mr. Coope, agent for St. Christophers, both relating to the want of stores of war for the Leeward Islands, were severally read, as likewise a letter from Mr. Leheup, signifying that there are no accounts in the auditor's office of money raised in the Charribbee Islands for their defence, and their Lordships gave some directions for preparing the draught of a representation thereupon.

Plantations General.

Circular letter about naval stores.

A circular letter to the Governors on the continent of America, relating to such further incouragement as may be necessary, to engage the inhabitants in the cultivation of naval stores and such other products, as do not interfere with the trade of Great Britain, and

Circular letter to the islands, their trade, etc.

Another circular letter to the Governments on the islands in America for a state of them, with regard to their trade, fortifications and security, both directed to be prepared the 11th of the last month, were agreed and ordered to be sent.