Journal, December 1734: Journal Book L.L

Journal, December 1734

December 3. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

New England.

Destruction of woods, and contractor of the Navy obstructed.

Mr. Fane and Mr. Gulston attending again, and the Board resuming the consideration of the several papers, mentioned in the Minutes of the 27th of the last month, relating to the destruction of the woods and to the prosecutions and fines, which Mr. Gulston's officers lay under in the Massachusetts Bay; Mr. Gulston informed the Board, that as the said fines were of a less value than what they were allowed to appeal from, by virtue of the charter, he apprehended there could be no relief, but by the assistance of an Act of Parliament.

Upon which Mr. Fane informed the Board, that having searched for precedents in the Council Office, he had found one in point, viz, the case of one Lilly, of the Massachusetts Bay, who in March, 1715, applied to the King in Council for liberty to bring an appeal under the sum allowed by charter; that the Attorney and Solicitor General, (Sir Edward Northey and the Lord Letchmere), were then consulted, and they gave their opinion that the Crown was not limited, but might receive an appeal for any sum; leave was accordingly granted, and Mr. Lilly brought over his appeal, and the judgment of the court in the Massachusetts Bay was reversed.

Contractor of the Navy ordered to appeal to the Crown.

Their Lordships then advised Mr. Gulston to take the same method, with regard to the prosecutions and fines, which his officers lay under in that province, and acquainted him, that the Board would always be ready to do what service lay in their power for the preservation of His Majesty's woods in America.

Jamaica.

Impost on negroes, complained of.

A letter from Mr. Wood, dated the 29th of November, 1734, (inclosing extracts of some letters from the merchants of Bristol and Liverpool, about laying a duty on negroes at Jamaica), and desiring leave to inspect some books, accounts and other papers transmitted from Jamaica to this office, relating to that subject, was read, and their Lordships gave leave for Mr. Wood to have the inspection of the said papers.

Plantations General.

South Carolina.

Switzers at Rotterdam, designed for the plantations.

A letter from the Lord Harrington, dated November 16th, 1734, inclosing an extract of one from Mr. Walpole, giving notice of some Switzers at Rotterdam, designed for England, and requiring the Board's advice how to provide for them, was read; and directions were given for desiring Mr. Oglethorp to attend the Board to-morrow morning.

Trade.

Consul in the Pope's dominions.

Letter from the Duke of Newcastle, dated November 29th, 1734, with,
Extract of a letter from the Earl of Essex, of 16–27th October, 1734, inclosing
Consul at Ancona.
A representation of the merchants for a consul in the Ecclesiastical States.
And a paper, entituled, Observation on the trade of Ancona, and the Board agreed to consider further thereof to-morrow morning.

December 4. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

Jamaica.

South Sea Company heard against the impost on negroes.

Mr. Gambiere attending, with Mr. North, in behalf of the South Sea Company, according to appointment, as also Mr. Cunningham, the Governor, and Mr. Sharpe, agent for Jamaica, with several planters, the Board took again into consideration the Order in Council, mentioned in the Minutes of the 28th of the last month, referring to the Board a petition of the South Sea Company against the Act, passed in Jamaica in July last, for raising several sums of money, etc., and Mr. Gambiere recapitulated at large the several proceedings that had been had, with regard to the imposition on negroes in Jamaica, as expressed in the South Sea Company's answer, read the 26th of the last month; and concluded by observing, that in his opinion the liberty given by the instructions to General Hunter of laying duties upon negroes, provided they were not to be paid by the importer, could mean no more than a liberty of laying a duty by way of poll tax upon the negroes belonging to the inhabitants of the island; and that therefore, the Act in question was a breach of the said instruction; he therefore desired, in behalf of the South Sea Company, that their Lordships would please to lay the said Act before His Majesty for his disallowance.

Mr. Sharpe then observed to their Lordships, that by the aforesaid instruction the inhabitants of Jamaica were to be at liberty to lay what duties they pleased upon negroes, provided the same should be payable by the purchaser only, and therefore he did not conceive that this Act was contrary to the said instruction, for which reason he hoped their Lordships would please to lay the said Act before His Majesty for his approbation.

Hearing on the complaints against impost on negroes adjourned, sine die.

These gentlemen being withdrawn, the Board resolved to consider further of this matter at another opportunity [fo. 215].

South Carolina.

Switzers designed for the plantations to be transported to Carolina.

Mr. Oglethorpe attending, as he had been desired, the Board took again into consideration the letter from the Lord Harrington, read yesterday, about the Switzers at Rotterdam, and desiring Mr. Oglethorp's opinion with regard to the settlement of the said Swiss; he acquainted the Board, that if money be advanced for the transport of these people to Carolina, the trustees for the Colony of Georgia are willing to take the trouble of providing ships and furnishing necessaries for the voyage, as they have done for those, whom they have transported at their own charge; and their Lordships considering at the same time that the Approbation Law of Carolina, passed there in 1731, entituled, An Act for appropriating the sum of£104,775 1s. 3¼d. towards the payment of the public debts, as also by a vote of the Assembly of that province, provision is made for taking care of such foreign Protestants, as should transport themselves to Carolina, gave directions for preparing a draught of a representation for proposing their being transported to the said province [fos. 175, 213].

Trade.

Flanders, duty on pit coal.

The draught of a representation upon several letters and papers received from Mr. Daniel, Secretary at Brussels, relating to an inland duty intended to be laid upon the consumption of pit coal in Flanders, ordered to be prepared the 23rd of October last, was agreed [fo. 176].

December 5. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

New Hampshire.

Letter from the Governor about disputes with the Lieut. Governor, and two new Councillors.

A letter from Mr. Belcher, Governor of New England, dated October 2nd, 1734, in answer to Mr. Tomlinson's two memorials, relating to the dispute between the Governor and the Lieut. Governor about the salary and government of New Hampshire, and the admittance of two new Councillors there, was read.

Act for removing Courts considered.

Captain Tomlinson, agent for the Assembly of New Hampshire, attending, as he had been desired, as also Mr. Belcher and Mr. Partridge, agent for the Governor of New England, their Lordships desired to know what they had to offer in favour of an Act of New Hampshire, entituled, An Act for removing three of the Courts of general quarter sessions of the peace and inferior Court of common pleas from Portsmouth to Exeter, Hampton and Dover; which from the reasons, mentioned in the Minutes of the 28th of the last month, their Lordships proposed to lay it before His Majesty for his disallowance; but these gentlemen informed the Board that as they had no instruction upon this subject, they had nothing to offer to their Lordships, unless they would please to allow them time to write to New England for that purpose [fo. 202].

To be repeated.

These gentlemen being withdrawn, ordered that a draught of a representation be prepared for repealing the same.

South Carolina.

Plantations General.

Report, for transporting Switzers to America, signed.

The representation, ordered yesterday to be prepared, relating to some Switzers at Amsterdam, designed for the British plantations, was agreed and signed, as also a letter, for inclosing the same to the Lord Harrington.

December 10. Present:—Mr. Docminique, Mr. Pelham, Sir O. Bridgeman.

South Carolina.

The agent defends the Appropriation Act.

Mr. Furie, agent for South Carolina, attending, presented to the Board his answer to the merchants' remarks on the Appropriation Act, and the same was read [fo. 210].

Estimate of the public debts annexed to the Appropriation Law.

Mr. Furie also presented to the Board an estimate of the public debts of South Carolina at Lady Day, 1731, which have been made part of the Appropriation Law of that province, but was omitted through mistake, and their Lordships ordered that the same should be annexed thereto. [And the estimate was annexed to the Act accordingly.]

Mr. Furie then informed the Board, that as he had heard it Governor has taken up no land, but in proportion to his family rights.
was suggested that Colonel Johnson had taken up, and did insist upon the land granted his grandfather, Sir Nathaniel Johnson, by virtue of an old grant now deemed void, he was instructed to acquaint their Lordships that the same was entirely false, and that Colonel Johnson had taken up no land, but according to his family right, viz., 50 acres for every person in his family, according to His Majesty's instructions.

New Jersey.

Persons summoned on account of the Act of Fees.

Mr. Paris attending, presented to the Board a petition praying the repeal of an Act, passed in New Jersey, for the better enforcing an ordinance for regulating fees in that province, which was read, as also Mr. Fane's report against the same; and their Lordships appointed next Wednesday for the further consideration thereof, and gave directions that Mr. Paris, Mr. Partridge, agent for the province, and Mr. Fane should be directed to attend at the same time.

Jamaica.

Accounts of the negroes in rebellion.

A letter from Mr. Williams, inclosing the extract of a letter from Jamaica, relating to the distress of that island, on account of the negroes in rebellion there, was read; their Lordships took into consideration the draught of a report upon Mr. Cunningham's petitions, mentioned in the Minutes of the 4th instant, for leave to lay a small duty on negroes imported and exported there during the present exigencies of that island, and made a progress therein [fo. 209].

December 11. Present:—Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

Report, about impost on negroes, agreed.

Their Lordships, taking again into consideration the draught of a report, mentioned in yesterday's Minutes, for leave to lay a small duty on negroes imported and exported at Jamaica, the same was agreed.

Trade.

Report, on the duty on pit coal in Flanders, signed.

The representation, agreed on the 4th instant, upon an inland duty intended to be laid on British pit coal in Flanders, was signed, as also a letter, for inclosing the same to the Lord Harrington.

South Carolina.

Letter from the Governor with 18 Acts.

Acts sent to Mr. Fane.

A letter from Colonel Johnson, Governor of South Carolina, dated August the 18th, 1734, with 18 Acts of that province, was read, and directions were given for sending the said Acts, together with such others of this province, as have not been considered by Mr. Fane, for his opinion in point of law.

December 12. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Trade.

Petition of shoemakers against drawbacks on leather exported, to lie by.

A petition of the shoemakers, complaining of the drawbacks on unwrought leather exported, was read, and their Lordships resolved to consider further thereof at another opportunity.

Jamaica.

Report, upon impost on negroes, signed.

The report about laying duties on negroes imported and exported at Jamaica, agreed yesterday, was signed.

December 17. Present:—Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

South Carolina.

Their Lordships taking into consideration a draught of a Report, on Mr. Hume's petition about grants of land agreed, and copy of it ordered to be sent to the Treasury.
representation upon the petition of Mr. Hume, on behalf of several inhabitants of South Carolina, complaining of the Governor for obstructing them in obtaining grants for lands they had surveyed, pursuant to warrants granted for that purpose, ordered to be prepared the 6th of the last month, was agreed, and directions were given for sending a copy thereof to Mr. Scrope, for the information of the Lords of the Treasury.

Eighty Switzers from Rotterdam landed in England.

Letter signed to the Lord Harrington about Switzers.

The Secretary then informing the Board, that about four score of the Swiss Protestants from Amsterdam, upon which their Lordships made a report the 5th instant, were already landed in England; a letter to the Lord Harrington, to desire he would receive, as soon as possible, His Majesty's commands upon that report, was agreed and signed.

Instruction to the Governor, in relation to Purrysburgh, agreed.

An Order of the Committee of Council, of November 1st, 1734, upon a report to their Lordships from this Board, on the petition of Colonel Purry to His Majesty, relating to the settlement of some foreign Protestants at the new town called Purrysburgh, in South Carolina, was read, and the Secretary laying before the Board the draught of instructions prepared accordingly, the same were agreed, and directions were given for preparing the draught of a report to accompany the same.

December 18. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

New Jersey.

Act for establishing fees, etc., considered.

Act about fees and regulating the law, to be repealed.

Mr. Fane attending, as he had been desired, as likewise Mr. Paris and Mr. Partridge, the agent for New Jersey, their Lordships took again into consideration the Act for the better enforcing an ordinance made for establishing fees, and for regulating the practice of the law, passed in New Jersey in 1733, and Mr. Fane's report thereupon, mentioned in the Minutes of the 10th instant; and Mr. Paris explaining at large the several objections annexed to Mr. Fane's said report, Mr. Paris desired he might have a copy thereof, in order to send to New Jersey, and that their Lordships would please to suspend their judgment upon the said Act, till he should have received from New Jersey an answer to the said objections; but their Lordships observing, that the property of the subject was very much altered by the said Act, which was in many cases contrary to the law of England, and that there was no suspending clause contained in it, according to the Governor's instructions, gave directions for preparing a draught of a report for repealing the same.

December 19. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

South Carolina.

Report, with an instruction about Purrysburgh, signed.

A report to the Lords of the Committee of Council, with the draught of an additional instruction to Colonel Johnson, in relation to the keeping the six miles round Purrysburgh for the use of that town, agreed the 17th instant, was signed.

Trade.

Herring fishery.

Sir William Chapman attending, he presented to the Board an account of the herring fishery, as he had promised to do, when he attended the Board the 12th of September last, which was read; and he was desired to prepare and bring to the Board a further account of that trade, which he promised to do accordingly.

South Carolina.

Report, on Hume's petition about grants of land, signed.

The representation upon Mr. Hume's petition complaining of the Governor for obstructing him and others in obtaining grants for lands they had surveyed, pursuant to the warrants issued for that purpose, agreed the 17th instant, was also signed.

December 20. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Maryland.

Pennsylvania.

Hearing about boundaries or right to the three lower counties on Delaware Bay.

The Lord Baltimore, Proprietor of Maryland, attending, according to appointment, with Mr. Strange and Mr. Brown, his counsel, and Mr. Sharpe, his solicitor, as also Mr. Penn, one of the Proprietors of Pennsylvania, with Sergeant Eyres and Mr. Murray, his counsel, and Mr. Paris, his solicitor; Sergeant Eyres acquainted the Board, that, according to their Lordships' directions they had prepared, in behalf of Mr. Penn, objections against the Lord Baltimore's petition, read at the Board the 21st of October last, wherein they had at large set forth Mr. Penn's title to the three lower counties of Pennyslvania; but that as they had also presented a petition to His Majesty upon the same subject, and conceived it necessary that the said petition should come referred to the Board, as the Lord Baltimore's had been, by His Majesty's Order in Council, but that the same was referred to the Lords of the Committee; and that, although they had applied to their Lordships last night, that the said petition might be referred to the Board against this morning, their Lordships had not thought proper to do it, and therefore he desired time till the said petition should come referred to the Board.

In answer to this Mr. Sharpe acquainted their Lordships, that he likewise had attended the Lords of the Committee last night to know the resolution of their Lordships upon Mr. Penn's petition, and that he was informed by the Clerk of the Council then in waiting (Mr. Hanyan), that their Lordships, upon considering Mr. Penn's petition, had resolved not to refer the same to the Board of Trade, till they should have made their report upon the Lord Baltimore's petition, now before them: for the truth of which Mr. Sharpe referred himself to Mr. Paris, who had been present last night when that answer was given; Mr. Paris being then called upon, did not deny the same, and being particularly asked by the Board whether he was willing to go on with Mr. Penn's objections to the Lord Baltimore's petition at present or not, he consulted Mr. Penn thereupon, and informed the Board, that Mr. Penn declined the prosecuting this affair, till it should come under the consideration of the Lords of the Council, where Mr. Penn's petition now was.

Hearing continued, and deferred to Tuesday sennight.

The Lord Baltimore then desiring the Board would please to appoint some day for taking his petition into consideration, their Lordships appointed Tuesday sennight for that purpose.

New York.

Secretary of the Customs desires copy of an Act, which is not received.

A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, desiring a copy of an Act, passed at New York, to lay a tonnage on vessels, was read; but the Secretary acquainting the Board, that the said Act is not yet in the Office, ordered that Mr. Carkesse be acquainted therewith, as also that a copy of the Act should be sent to him, as soon as it should come into the Office.

New Hampshire.

Act for removing Courts, to be repealed.

A representation for repealing an Act, passed in New Hampshire in December, 1730, for removing three of the Courts of general quarter sessions of the peace, etc., ordered to be prepared the 5th instant, was agreed and signed.

New Jersey.

Report, for repealing Act establishing fees, signed.

A representation for repealing an Act, passed at New Jersey in 1733, for the better in forcing an Ordinance made for establishing fees, etc., ordered to be prepared the 18th instant, was agreed and signed.

December 31. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Maryland.

Pennsylvania.

Hearing about the right to the three lower counties on Delaware Bay.

The Lord Baltimore attending, as he had been desired, with Mr. Strange, his counsel, and Mr. Sharpe, his solicitor, as also Mr. Jennings, the Secretary of Maryland, and Mr. Paris, solicitor for Mr. Penn.

Mr. Strange presented to the Board the copy of Lord Baltimore's patent for the Province of Maryland, bearing date the 20th of June, 1632, and acquainted the Board, that the year after (1633) one Clayborn and others set up a pretence to Kent Island in the said province, imagining that their having a licence to trade there, and being in some measure settled thereon for that purpose, before the date of Lord Baltimore's patent, the Lord Baltimore was excluded from thence by the words Hactenus inculta, mentioned in his patent, but that the Lords of the Council in the year 1638, upon hearing all parties, had determined the right to be in the Lord Baltimore.

He likewise informed the Board, that in the year 1683, the Lords of the Committee examined the matters in difference between the Lord Baltimore and William Penn, Esq., in behalf of His then Majesty King James the 2nd, concerning the tract of land in America commonly called Delaware, and found "that the land intended to be granted by the Lord Baltimore's patent was only land uncultivated, and inhabited by savages, and that the tract of land then in dispute was inhabited and planted by Christians, at and before the date of the Lord Baltimore's patent, and continued ever since a distinct colony from that of Maryland, so that their Lordships humbly offered their opinion, that for avoiding further differences the said land should be divided into two equal parts by a line from the latitude of Cape Hinlopen to the 40th degree of northern latitude, and that one half thereof lying towards the Bay of Delaware be adjudged to belong to His Majesty, and the other half remain to the Lord Baltimore, as comprized within his charter," and it was accordingly ordered in Council the 13th of November, 1685, that the said land should be forthwith divided accordingly, which determination was afterwards confirmed by Queen Anne in Council, the 23rd of June, 1709. [Vide entries relating to Maryland, Vol. 1, folio 108. Proprieties Bundle P. 71.]

Hearing about the right to the three lower counties ended a report thereon ordered to be drawn.

Copies of all these Orders were then read, and Mr. Strange presented to the Board several affidavits, relating to a fort built at Christiana Bridge by the Lord Baltimore's ancestors in the year 1683, to the northward of the three lower counties, in order to protect them from any encroachments from Pennsylvania; and to prove that the Lord Baltimore's ancestors had been in actual possession of several parts of the three lower counties, now claimed by Mr. Penn, which affidavits were read; and these gentlemen being withdrawn, their Lordships gave some directions for preparing the draught of a report to the Lords of the Committee of His Majesty's Council upon this subject.

Miscellanies.

Incidental charges of the office, sent to the Treasury.

The Secretary laid before the Board the account of the incidental charges of this office, from Michaelmas to Christmas, 1734, and a letter to the Lords of the Treasury desiring payment thereof, as also of the salaries due to the Secretary and the other officers in the service of this Commission, was signed.