Journal, June 1739: Volume 47

Journal, June 1739

Friday, June 1. Present:—Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer, Mr. Herbert.

Barbados.

Read a letter from his Grace the Duke of Newcastle, signifying that his Majesty has been pleased to appoint Robert Byng, Esq., to be Governor of Barbados, and to order draughts of a Commission and Instructions to be prepared, in order to be laid before him, and the said draughts were ordered to be prepared.

South and North Carolina.

Mr. McCulloch attending, the Board had some further discourse with him upon several Laws of North Carolina.

Tuesday, June 5. Present:—Lord Monson, Mr. Ashe, Mr. Brudenell, Sir A. Croft, Mr. Plummer.

Jamaica.

Read a letter from Mr. Trelawney, Governor of Jamaica, dated March 30th, 1739, enclosing a copy of the Treaty with Captain Cadjoe, Head of the rebellious Negroes, dated March 1, 1738.

Barbados.

Read the draught of a letter to his Grace the Duke of Newcastle, as also the draught of a representation to his Majesty, relating to the Commission of Robert Byng, Esq., appointed Governor of Barbados, and the same were agreed to, and signed.

South Carolina.

Mr. McCulloch attending, the Board had some further discourse with him on the subject of the Quit Rent Law.

Wednesday, June 6. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Mr. Ashe, Sir A. Croft, Mr. Plummer.

Virginia.

Mr. William Popple having made an abstract of all the papers relating to the dispute between the Crown and Lord Fairfax, the same was read; and the Board taking that affair under their consideration, ordered the draught of a report to be prepared.

South Carolina.

Mr. Sharpe, Clerk of the Council, attending by order of the Committee of Council, to enquire of the Board, if they had agreed upon any plan of a Quit Rent Law for South Carolina, the Board was pleased to return for answer, that they had several times had such Law under consideration, but many objections having risen in the course of their proceedings, they had not yet come to any determination in that affair.

Mr. Glen, Governor of South Carolina, attending, delivered in at the Board a paper, which had been put into his hands, entituled, A proposal to coyne a new paper currency in South Carolina, and the same was read.

Thursday, June 7. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

South Carolina.

Read the draught of an additional Instruction to the Governor or Commander in Chief of South Carolina, in pursuance of an order of Council, dated March 22, 1738/9, mentioned in the minutes of May 24th last, and the same was agreed to.

Ordered that the same be transcribed and that the draught of a representation to the king in Council thereupon be prepared.

Friday, June 8. Present:—Lord Monson, Colonel Bladen, Mr. Plummer.

South Carolina.

Read Mr. Fane's report, received this day, upon the case of Mr. Hammerton, Secretary and Register of South Carolina. Ordered that the same lye by, to be reconsidered at another opportunity.

(fn. 1) Copies of 29 Orders in Council on various subjects, relating to the several Governments in his Majesty's Plantations in America, as mentioned in the margin, were laid before the Board, and the titles were read; as was also the copy of a letter from the Lords of the Committee of Council to the Governor of Jamaica, against laying additional Taxes upon the Jews there.

Trade.

Spain.

Read a copy of Lewis the 14th's orders to his Consuls in Lisbon etc., dated at Marly, August 16th, 1713, received with a duplicate of part of Mr. Brook's letter, mentioned in the minutes of May 2nd.

Jamaica.

Read the titles of eight Laws, passed in Jamaica, 19th July, 1738, and received from Mr. Sharpe, April 10th, 1739; ordered that the said Laws be sent to Mr. Fane, one of his Majesty's Counsel at Law, to be considered by him.

South Carolina.

The several Orders of Council (mentioned in the preceding page) are as follows, viz.:—
Copy of an Order in Council, dated the 25th of May, 1738, appointing James Crockat and Edmund Atkins, Councillors in South Carolina, in the room of Messrs. Broughton and Middleton, deceased.
Copy of an Order in Council, dated the 25th of May, 1738, repealing an Ordnance, passed in South Carolina, for being contrary to an Act of Georgia for maintaining peace with the Indians
Copy of an Order of Council, dated the 20th July, 1738, directing several parcels of land to be granted to Mr. John Cartwright and Co. in South Carolina, under certain conditions.
Copy of an Order of Council, dated the 20th of July, 1738, approving a representation of this Board with the draught of an Instruction to the Governor of South Carolina, to pass an Act for settling the Indian Trade.
Copy of an Order in Council dated the 20th of July, 1738, approving the draught of an Instruction for the Governorments of South Carolina and Georgia, about the Indian Trade.
Copy of an Order in Council, dated the 20th of July, 1738, approving the draught of Mr. Horsey's Commission for the Government of South Carolina.
Copy of an Order in Council, dated the 31st of July, 1738, directing the Attorney and Solicitor General to draw a special Commission to the Governor of South Carolina, impowering him to erect a Court of Exchequer.
Copy of an Order in Council, dated the 31st of July, 1738, approving Mr. Horsey's instructions for the Government of South Carolina.
Copy of an Order in Council, dated the 31st of July, 1738, directing a supply of Stores of War to be sent to South Carolina.
Copy of an Order in Council, dated the 30th of November, 1738, approving a representation of this Board for repealing an Act, passed in South Carolina in 1731, for drawing Jurors by Ballot.

St. Christophers.

Copy of an Order in Council, dated the 20th of July, 1738, approving Mathew Mills a Councillor in St. Christophers, in the room of Mr. Edward Mann.

Antigua.

Copy of an Order of Council, dated the 20th of July, 1738, disapproving a Bill, passed at Antigua by the Assembly, for attainting the two Johnsons of High Treason, and for restoring them to their state of liberty, as before that Bill passed.
St. Christophers.
Copy of an Order in Council, dated the 31st of July, 1738, approving Mr. Walter Thomas a Councillor in St. Christophers, in the room of Mr. John Garnett.

Antigua.

Copy of an Order in Council, dated the 30th of November, 1738, approving a representation of this Board for the trial of John Coteen, a free Negro, and Thomas Winthorp, a free Mulatto, and ordering them to be bailed out, if imprisoned.

St. Christophers.

Copy of an Order in Council, dated the 22nd of March, 1738/9 appointing Mr. Edward Jessop a Councillor of St. Christophers, in the room of Mr. McDowal, who has resigned.

New Hampshire.

Copy of an Order in Council, dated the 20th of July, 1738, appointing Mr. John Rindge a member of the Council of New Hampshire, in the room of Mr. Gamblin, deceased.

Massachusets.

Rhode Island.

Copy of an Order in Council, dated the 30th of November, 1738, for dismissing the petition of the agents of the Massachusets, with regard to the boundaries between that province and Rhode Island, and directing the inhabitants on the disputed premises to be suffered to remain in their possessions, unmolested.

Copy of an Order in Council, dated the 17th of January, 1738/9, appointing Commissioners for settling the boundaries between the Massachusets and Rhode Island.

Plantations General.

Massachusets.

Rhode Island.

Copy of an Order in Council, dated the 30th of November, 1738, directing that no appeals to the Council against reports of this Board upon hearings of parties on Plantation affair, referred by the king or Committee of Council, be admitted, without security given to pay cost, as shall be awarded by his Majesty.

New York.

Copy of an Order in Council, dated the 20th of July, 1738, appointing George Clarke, Junior, Esq., a Councillor, in the room of Mr. Harrison, in the province of New York.

Copy of an Order in Council, dated the 30th of November, 1738, for repealing an Act, passed at New York in 1737, for the frequent elections and meeting of Assemblies.

Bermuda.

Copy of an Order in Council, dated the 17th of January, 1738/9, appointing three new Councillors in Bermuda, as recommended by this Board.

Copy of an Order in Council, dated the 17th of January, 1738/9, for confirming 3 Acts, passed in Bermuda in 1738, for settling an additional salary on the Governor.

Jamaica.

Copy of an Order in Council, dated the 25th of May, 1738, directing an additional Instruction to the Governor of Jamaica for granting Royal Mines.

Copy of an Order in Council, dated the 22nd of March, 1738/9, appointing 5 new Councillors in Jamaica, in the room of two deceased, and three that have resigned.

Newfoundland.

Copy of an Order in Council, dated the 25th of May, 1738, approving the draught of a Commission and instructions to Captain Vanburgh to be Governor of Newfoundland, except the articles relating to the trying of Capital Offences there.

New Jersey.

Copy of an Order in Council, dated the 20th of July, 1738, approving the draughts of the general Instructions, and of those relating to Trade, from Mr. Morris, Governor of New Jersey.

Virginia.
Copy of an Order in Council, dated the 25th of May, 1738, for confirming an Act, passed in Virginia in 1736, for confirming titles to land in the Northern Neck.
Pennsylvania.
Maryland.
Copy of an Order in Council, dated the 25th of May, 1738, confirming an agreement entered into by the proprietors of Pennsylvania and Maryland, for preserving the peace on the borders of those two provinces.

Thursday, June 14. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

Barbados.

Read a letter from the Duke of Newcastle, dated June 8th, 1739, signifying his Majesty's pleasure that an Instruction be prepared for Robert Byng, Esq., Governor of Barbados, relating to his appointments, agreeable to that for the late Lord Viscount Howe, and the same was accordingly ordered.

Massachusetts.

The Board made a further progress in the consideration of the several Acts of Massachusets Bay, not yet reported upon, as mentioned in the minutes of May 4th and 10th.

South Carolina.

Mr. Glen, Governor of South Carolina, attending, and acquainting the Board that he had made several observations upon the draught of his Instructions, which he was come to communicate to them, and he was desired by their lordships to put them into writing, to be laid before them for their consideration.

Friday, June 15. Present: —Lord Monson, Colonel Bladen, Mr. Ashe, Mr.Brudenell, Mr. Plummer.

Massachusetts.

The Board finished the consideration of 49 Acts, passed in the Massachusets, not yet reported on, as mentioned in yesterday's minutes; and ordered the draught of a report to the Committee of Council thereon to be prepared.

Wednesday, June 20. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Plantations General.

Read a letter from the Duke of Newcastle, dated June 15th, 1739, inclosing copies of two addresses of the Lords and Commons, dated June 13th, 1739, requiring a state of the paper money in the Plantations, and an account of what alterations have been made therein since 1700, and at what prices gold and silver have been at per ounce in the years 1700, 1710, 1720, 1730, and at this present time; ordered that the Secretary prepare copies of circular letters to be sent to the Governors abroad, in consequence of the said letter and addresses.

Antigua.

Read an Order of the Lords of the Committee of Council, dated June 14th, 1739, referring to this Board the petition of several merchants and inhabitants of Antigua against an Act, lately passed there, to reduce and settle the rate of interest within that Island.

Ordered that the Secretary write to Mr. Paris and Mr. Yeamans, and desire their attendance at this Board on Friday next [the 22nd.]

Massachusetts.

The draught of the report upon the 49 Acts, passed in the Massachusets, mentioned in the minutes of Friday last, was read and agreed to, and the same was ordered to be transcribed.

Thursday, June 21. Present:—Lord Monson, Colonel Bladen, Mr. Plummer, Mr. Ashe, Sir Archer Croft.

Barbados.

Mr. Byng, Governor of Barbados, attending, informed the Board that he had made some observations on his Instructions, and was ready to lay them before their Lordships, when they were pleased to receive them, and the Board appointed Thursday next for his attendance [the 28th].

South Carolina.

Mr. Glen likewise attending, laid before the Board some observations he had made upon his instructions, and the Board agreed to take them into consideration the first opportunity, and were pleased to appoint him to attend on Wednesday next [the 27th].

North Carolina.

Mr. McCulloch attending, the Board had some discourse with him upon the subject of several Laws of North Carolina, and agreed to take the same into consideration at another opportunity.

New York.

Read 2 letters from Mr. Clarke, Lieutenant-Governor of New York, one dated April 18th, 1739, acquainting the Board that on account of the Smallpox raging there, he had been obliged to adjourn the Assembly, complaining also of Libels printed there; the other dated April 24th following, complaining of the Assembly's encroaching on the Crown in passing Money Bills.

South Carolina.

Read an Order of the Committee of Council, dated June 18th instant, ordering the Lords Commissioners for Trade and Plantations to write a letter to the present Commander in Chief of South Carolina, requiring him to adhere strictly to his instructions in the manner of granting lands, and that no other surveys be made, than such as are pursuant to his Majesty's orders and instructions on that head.

Ordered that the draught of a letter be accordingly prepared.

Friday, June 22. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

South Carolina.

A letter to Mr. Bull, President of the Council and Commander in Chief of South Carolina, requiring him strictly to adhere to his instructions as to the manner of granting lands in that province, pursuant to an Order from the Lords of the Committee of Council for Plantation affairs, as prepared and agreed to yesterday, was signed.

Antigua.

Mr. Yeamans, agent for the Island of Antigua, attending, as desired, with Mr. John Sharpe his Solicitor, as also Mr. Paris, Solicitor in behalf of several merchants and inhabitants of the said Island, petitioners against an Act, passed there in June 1738, to reduce and settle the rate of interest in Antigua, mentioned in the minutes of the 20th instant:—Mr. Paris then desired their lordships would be pleased to appoint a short day for hearing the petitioners by their Counsel, and their lordships appointed this day three weeks for that purpose, which was agreed to by both parties [Friday the 13th].

North Carolina.

Read Governor Johnston's observations upon several old Acts, passed in North Carolina; (transmitted in one book, with his letter, dated the 5th of December, 1735, which was read the 21st of October, 1736, Bundle B. No. 9.)

And then their Lordships gave directions that all letters, which have been received from the said Mr. Johnston, since the Board's last letter to him, be laid before their Lordships at their next meeting, in order to consider of an answer to be made to the said letters.

Plantations General.

And at the same time ordered that all letters to the Board from any other Governors in the Plantations, which have not yet been answered, be looked out and taken into consideration, as soon as conveniently may be, in order to prepare proper answers to them.

Wednesday, June 27. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Mr. Plummer.

Proprieties.

Pennsylvania.

Read an Order of the Lords of the Committee of Council, dated June 18th, 1739, referring to this Board eight Acts passed in Pennsylvania in the 8th and 9th years of his Majesty's reign.

Ordered that the said Acts be sent to Mr. Fane, for his opinion thereon, and that he be desired to dispatch them with all convenient speed.

South Carolina.

A representation to his Majesty, enclosing an additional instruction to the Governor and Commander in Chief of South Carolina, relating to paper money, in pursuance of an Order in Council, dated March 22nd, 1738/9, and mentioned in the minutes of June 7th, was signed.

Massachusetts.

The report upon the 49 Acts, passed in the Massachusetts, mentioned as agreed to in the minutes of the 20th instant, was signed.

South Carolina.

Mr. Glen, Governor of South Carolina, attending, as appointed by the minutes of the 21st instant, the Board had some discourse with him, and ordered the draught of his instructions to be transcribed.

Thursday, June 28. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

South Carolina.

The Board had under consideration the petition of Mr. Hammerton, Secretary and Register of South Carolina, relating to his claim of Register in that province, referred to this Board by an Order of Committee of Council, dated July 27th, 1738, and read October 4th the same year; and after some discourse had with him, then present, postponed the further consideration till to-morrow.

Barbados.

Mr. Byng, Governor of Barbados, attending, as desired by the minutes of the 21st instant, the Board had some discourse with him on the subject of several observations made by him upon his instructions, and agreed to take the same again into consideration at the first opportunity.

Friday, June 29. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

South Carolina.

Mr. Hammerton again attending, the Board had some further discourse with him on the subject, mentioned in yesterday's minutes, and after some time spent therein, ordered the Secretary to write a letter to Mr. Fane, his Majesty's Counsel at Law, desiring his attendance at this Board on Thursday next. [July 5th.]