Journal, July 1739: Volume 47

Journal, July 1739

Wednesday, July 4. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Montserrat.

Read Mr. Fane's report upon four Acts, passed at Montserrat in 1735/6, to which he has no objection.

Plantations General.

The Board ordered that a draught of circular letters to all the Governors abroad be prepared, to be sent with the addresses of the House of Lords and Commons, mentioned in the minutes of June 20th.

Bermudas.

Read a letter from Mr. Popple, Governor of Bermudas, dated May 10th, 1739, together with a postscript of the same month, relating to the taking of two Bermuda sloops by the Spaniards, and the Board ordered that a copy of the said postscript should be transcribed and sent in a letter to his Grace the Duke of Newcastle, which letter was accordingly prepared, and signed.

Bahamas.

Read a letter from Mr. Scrope, Secretary to the Lords of the Treasury, dated this day, referring to this Board a petition of Mr. Shelton for arrears of salary and disbursements, as late Secretary to the Lords Proprietors of the Bahama Islands; and the Board ordered the same to lye by, till Mr. Shelton should make application.

Barbados.

The Board took into further consideration the draught of instructions for the Governor of Barbados, and having gone through the same, ordered them to be transcribed.

Thursday, July 5. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

Virginia.

Read a letter from Major Gooch, Lieutenant-Governor of Virginia, dated May 15th, 1739, giving an account of a project for furnishing France yearly with 15,000 hogsheads of Tobacco, directly from Virginia.

North Carolina.

Read a letter from Mr. Johnston, Governor of North Carolina, dated at Cape Fear, April 10th, 1739, signifying that the Assembly have passed many good Laws the last Session, and have promised at their next meeting to pass such other Laws, as may be judged necessary for his Majesty's service and the public good.

Bahamas.

The Board took into consideration an Act, passed in the Bahama Islands December 17th, 1734, entituled, An Act for levying divers sums of money for the payment of officers' salaries, defraying the expence of holding Assemblies and other contingent charges of the Government; and after some time spent therein, appointed this day fortnight for the reconsideration of it. Ordered also that the agent for the said Islands be writ to, to attend on the same day.

Plantations General.

The draught of the several circular letters, mentioned in the minutes of yesterday, being agreed to, the said letters were transcribed and signed.

Virginia.

The Board took into consideration the draught of a report, laid before them, on the subject of Lord Fairfax's claim, mentioned in the minutes of May 29th last, and having made some progress therein, agreed to reconsider it the first opportunity.

Antigua.

The Board agreed to postpone the hearing upon the Antigua Act concerning interest, mentioned in the minutes of the 22nd ult., which had been appointed for Friday the 13th instant, to Thursday the 19th instant, and ordered the agents concerned on both sides should be informed thereof by letter.

Friday, July 6. Present:—Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

New Jersey.

Read a letter from John Hamilton, Esq., President of the Council of New Jersey, dated at Perth Amboy, May 30th, 1739, acquainting the Board that Colonel Morris, the Governor, had not only refused him his salary as Commander in Chief from the 23rd of June, 1738 (to which time he had received it) to the 28th of August following, the day the Governor published his Commission; but likewise told him he expected he should pay him all the salary he had received as President of the Council from the 20th October, 1736, the time the said Morris came thither and demanded the Government.

Wednesday, July 18. Present:—Lord Monson, Mr. Brudenell, Mr. Plummer.

New York.

Read a letter from Mr. Clarke, Lieutenant-Governor and Commander in Chief of New York, dated May 25th, 1739, containing remarks on the frequent disputes between the English and French about their boundaries; and the like between New York and New England about their boundaries, and inclosing a map of the country with the following public papers:—
Minutes of Council, from February 9th, 1738/9, to April 14th, 1739.
Minutes of Council and Assembly from March 27th to April 14th, 1739.
Two Naval Office lists of Trading Vessels, cleared inwards and outwards, from March 25th, 1738, to March 25th, 1739.
Two Acts, passed April 14th, 1739.

And the Board ordered that the said Acts be sent to Mr. Fane for his opinion thereon. In the same letter was also enclosed one from Mr. Belcher, Governor of the Massachusets, to Mr. Clarke, Lieutenant-Governor of New York, dated at Boston, March 26th, 1739, inclosing a resolve of the Assembly of the Massachusets Bay, respecting the settling the boundaries between those two provinces, together with Mr. Clarke's answer to the same.

New Jersey.

Read a letter from Mr. Morris, Governor of New Jersey, dated at Perth Amboy, May 26th, 1739, transmitting his speech to the Council and Assembly of that province in January last, with their respective addresses to him thereupon; as also his speech to the House of Representatives, March 15th, 1738/9, when he dissolved them; together with nine Acts, passed the same day.

And the Board directed that the said Acts be sent to Mr. Fane, for his opinion thereon.

Jamaica.

Read two letters from Mr. Trelawney, Governor of Jamaica, one dated May 7th, 1739, transmitting a book of accounts of all receipts and payments of all public money from September 29th, 1735, to September 29th, 1738. The other, dated May 10th, 1739, signifying that he had been under a necessity of passing the Bill to Tax the Jews in the same manner, as before, notwithstanding his additional instruction, because of the ill consequence that might attend his rejecting it at this juncture. The Council unanimously advised him to pass the Bill, and inclosed are their reasons for that advice.

Antigua.

The hearing of Counsel upon the Antigua Act, mentioned in the minutes of the 5th instant, which was appointed for to-morrow, is at the desire of both parties further postponed to to-morrow sennight. [Thursday the 26th inst.]

Thursday, July 19. Present:—Lord Monson, Colonel Bladen, Mr. Plummer.

Virginia.

The Board had again under consideration the draught of a report on the subject of Lord Fairfax's grant, mentioned in the minutes of the 5th instant, and made some further progress therein.

South Carolina.

The draught of a representation to His Majesty, accompanying a draught of instructions for James Glen, Esqr., Governor of South Carolina, as also a letter to his Grace the Duke of Newcastle, enclosing the same, were agreed to, and signed.

Friday, July 20. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Mr. Plummer.

Virginia.

The Board had again under consideration the report upon Lord Fairfax's claim, mentioned in yesterday's minutes, and made a further progress therein.

Wednesday, July 25. Present:—Colonel Bladen, Mr. Plummer.

Virginia.

The report upon Lord Fairfax's claim was again taken under consideration, and the same being gone through, was agreed to, and ordered to be transcribed.

Thursday, July 26. Present:—Lord Monson, Mr. Pelham, Colonel Bladen, Mr. Plummer.

Bahamas.

Mr. Shelton, late Secretary to the Proprietors of the Bahama Islands, attending, in relation to his petition, mentioned in the minutes of the 4th instant, the Board appointed Wednesday next for the hearing what he has to offer on that subject. [Wednesday August 1st.]

New Hampshire.

Read a letter from Colonel Dunbar, Lieut.-Governor of New Hampshire, dated yesterday, signifying his confinement in the Fleet Prison, and giving an account of the ruinous condition of the Fort in New Hampshire, and the necessity there is of a supply of warlike stores.

South Carolina.

Mr. Hammerton attending, with Mr. Sharpe, his Solicitor, on the subject of his second petition, mentioned in the minutes of October 4th, 1738, and referred to this Board by order of the Committee of Council; the Board had some discourse with him; and after some time spent therein, they withdrew, and the Board postponed the consideration of the affair to another opportunity.

Antigua.

Mr. Yeamans, agent for the Island of Antigua, attending, with Mr. Clarke, his Counsel, and Mr. Sharpe, his Solicitor, (according to appointment), in favour of an Act, passed in that Island, June 1st, 1738, to reduce and settle the rate of interest there, as also Mr. Kirby, in behalf of several merchants, traders, and inhabitants of the Island, petitioners against the said Act, with Mr. Murray, their Counsel, and Mr. Paris, their Solicitor, together with other gentlemen trading to and interested in that Island; the Order of the Lords of the Committee of Council, referring to this Board the merchants' petition, above mentioned, (read the 20th of last month), was again read, as also the said Act.

Then Mr. Murray, Counsel for the petitioners, made several objections to this Act, the chief of which was, that it was a Law, from which no benefit could arise, since money will always find its own price, in proportion to the plenty or scarcity of it, and that it was impossible any Law should fix one below the real and natural value of it, and to support his opinion, read several paragraphs out of Mr. Locke.

In answer to which, Mr. Clarke urged that it was a reasonable and necessary Bill, the proof of which would appear from facts, of which he had evidence ready to produce. Then he recited the particular facts stated in the Preamble of the Act, and answered Mr. Murray's objection to it.

Then several witnesses were examined upon oath, in favour of the Act, vizt. Dr. Sydserf, who came from Antigua about two months ago, and Mr. Bethell, Mr. Bodicoat and Mr. Joyce, merchants of London.

Antigua.

Mr. Murray then, after cross examining the witnesses for the Act, proceeded to make a reply to what had been offered by Mr. Clarke in favour of it.

After which several other witnesses were examined, likewise upon oath, against the said Act, vizt. Thomas Kirby, Esqr., Mr. Guerrish and Mr. Lascelles, merchants of London.

Then the Counsel withdrew, and the Board referred the consideration of the affair to another opportunity.

Friday, July 27. Present:—Lord Monson, Mr. Pelham, Colonel Bladen, Mr. Plummer.

Miscellanies.

The Secretary laid before the Board an account of the incident charges of this Office from Christmas, 1738, to Lady Day, 1739, amounting to £289 5s. 1d.; and a letter to the Lords of the Treasury, desiring payment thereof, and of the salary due to the Secretary and under-officers for the same, was agreed to, and signed.

Virginia.

The draught of the report upon Lord Fairfax's claim, mentioned in the minutes of Wednesday, as agreed to, was signed.

Antigua.

The draught of a report upon the subject of the Antigua Act, mentioned in yesterday's minutes, was ordered to be prepared.