Journal, December 1739: Volume 47

Journal, December 1739

Tuesday, December 4. Present:—Colonel Bladen, Mr. Ashe, Mr. Brudenell.

Bermudas.

The draught of a report, in pursuance of an Order of the Lords of the Council of the 9th of November last, mentioned in the minutes of the 15th of the same month, having been prepared, was read, and being agreed to after some amendments, was ordered to be transcribed.

Wednesday, December 5. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Mr. Ashe, Sir A. Croft.

Pennsylvania.

Read an Order of the Lords of the Committee of Council, dated November 23rd last, referring to this Board six Acts, passed in Pennsylvania, in May, 1739, for their examination and report thereon.

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

Connecticut.

Mr. Paris, Solicitor for Mr. Mason, and Mr. Sharpe, Solicitor in the absence of Mr. Wilks, agent for the Colony of Connecticut, attending, desired the Board would please to appoint a day for hearing the matter in dispute between the Governor and Company of Connecticut, and the Mohican Indians; when at the request, and by the consent of both parties concerned, their lordships were pleased to order the hearing to be on this day fortnight. [Wednesday, December 19th.]

Bermudas.

The report, mentioned in the minutes of yesterday, was agreed to, and signed.

As was also the other, mentioned in the minutes of the 30th of last month.

Massachusetts.

Read a letter from Mr. Belcher, Governor of the Massachusets Bay, dated October 24th, 1739, transmitting printed Journals of the House of Representatives, as also the Bill that passed both Houses, for a supply of the Treasury, but inconsistent with his instructions, to which Bill there are added, by him, marginal notes and observations.

Thursday, December 6. Present:—Lord Monson, Mr. Ashe, Sir A. Croft, Mr. Plummer.

Plantations General.

The Board had under consideration the state of the Paper Currency in the British Colonies in America, and made some progress therein.

Friday, December 7. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer, Mr. Herbert.

New York.

The Board had under consideration the Order of the Lords of the Committee of Council, relative to the List of such goods as the Lieutenant Governor of New York, in his letter to the Duke of Newcastle, apprehends to be necessary as presents to the Six Nations, in case of a rupture with France, as mentioned in the minutes of November 13th; and after reading the several extracts taken from the books of the Office, ordered that the draught of a report be prepared.

Tuesday, December 11. Present:—Colonel Bladen, Mr. Ashe, Sir A. Croft, Mr. Plummer.

Pennsylvania.

Read Mr. Fane's report upon eight Acts, passed at Pennsylvania, referred to this Board by Order of the Lords of the Committee of Council, dated June the 18th last past, mentioned in the minutes of the 27th of the same month; to which Acts, Mr. Fane having no objection, the Board ordered the draught of a report thereupon to be prepared.

New York.

The Board had under consideration the draught of a report in pursuance of the Order of the Committee of Council, mentioned in yesterday's minutes, relative to the presents to the Six Nations, and made some progress therein.

Wednesday, December 12. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Sir A. Croft, Mr. Plummer.

Virginia.

Read a letter to the Secretary from Temple Stanyan, Esqr., one of the Clerks of the Council, signifying that the Lords of the Committee of Council had appointed Thursday the 13th instant for considering a report lately made by the Lords Commissioners for Trade and Plantations, on the subject of the dispute between the Crown and the Lord Fairfax, and judging the attendance of some of their lordships there to be necessary, they required the Secretary to acquaint them therewith.

Jamaica.

Read a letter from Mr. Trelawney, Governor of Jamaica, dated July the 12th, 1739, giving an account of the death of Mr. Mill, Receiver General, and one of his Majesty's Council, signifying likewise that the rebellious negroes, settled in the windward part of the Island, had submitted, and transmitting public papers, vizt.

Minutes of Council, from 27th of September, 1738, to the 19th of May, 1739.

Journal of the Council from the 11th of September, 1738, to the 19th of May, 1739.

Minutes of the Assembly from the 13th of March, 1738–9, to the 19th of May, 1739.

Acts passed in April and May, 1739.

South Carolina.

Read a letter from Captain Bull, President of the Council and Commander in Chief of South Carolina, dated the 5th October, 1739, giving an account of the present posture of affairs in that province, with relation to the desertion and rebellion of several negroes, occasioned by a proclamation published at St. Augustine by the King of Spain's order, promising freedom to all negroes deserting from the English; signifying also the designs of the French upon some Indians situate near the Mississippi, in amity with his Majesty's subjects, and trading with the people of Georgia and Virginia.

Ordered that a copy of the said letter be transmitted to his Grace the Duke of Newcastle for his information.

Pennsylvania.

The report upon eight Acts, passed in Pennsylvania, as mentioned in yesterday's minutes, being prepared and laid before the Board, was agreed to, and signed.

Thursday, December 13. Present:—Lord Monson, Mr. Ashe, Mr. Plummer.

South Carolina.

The letter to the Duke of Newcastle, ordered by the minutes of yesterday, transmitting to his Grace a copy of one from Colonel Bull, President of the Council and Commander in Chief of South Carolina to this Board, was agreed to, and signed.

Friday, December 14. Present:—Lord Monson, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

New York.

The Board has again under consideration the draught of a report, (ordered to be prepared by the minutes of the 7th instant), in pursuance of an Order of the Committee of Council, dated the 9th of November last, and mentioned in the minutes of the 13th following, relative to the Indian presents, and made some further progress therein.

Tuesday, December 18. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Mr. Ashe, Mr. Plummer.

New York.

The Board had again under consideration the draught of the report, mentioned in yesterday's minutes, and made some further progress therein.

Wednesday, December 19. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Connecticut.

Mr. Samuel Mason in behalf of the Mohican Indians, attending (according to appointment), with Mr. Strange, his Majesty's Solicitor General, and Mr. Murray, his Counsel, and Mr. Paris his Solicitor; as also Mr. Clarke as Counsel, with Mr. Sharpe, Solicitor, in behalf of the Colony of Connecticut; the order of the Lords of the Committee of Council, dated the 24th of July, (and mentioned in the minutes of the 1st of August), referring to this Board the petition of Messrs. John and Samuel Mason, complaining of the proceedings of the Government of Connecticut, in conjunction with several of the Commissioners from Rhode Island, appointed by his Majesty's Commission of Review, with other Commissioners to adjust and determine several matters in dispute between the Mohican Indians and the Colony of Connecticut; the abovementioned order of reference was again read; as was also another order of the Lords of the Committee of Council, dated the 23rd, (and mentioned in the minutes of the 29th) of last month, referring to this Board the return made by the Governor and Assistants of Rhode Island to the Commission of Review (under the Great Seal of Great Britain, dated the 3rd of June, 1737); relating to the controversy between the Governor and Company of Connecticut and the Chief Sachem of the Mohican Tribe in that Colony.

Then after hearing what Mr. Solicitor General and Mr. Murray had to offer in behalf of the said Mohican Indians, several papers were read, to support what they had opened vizt.:

19th July, 1704. Commission from Queen Anne [Proprieties. Bundle M, No. 30.]

25th August, 1705, letter from Commissioners of Enquiry, with their proceedings [O. Nos. 7, 8.]

10th June, 1736. Representation of the Board of Trade.

24th July, 1739. Order of Lords of the Committee, referring petition of Messrs. Mason [T. No. 16.]

Proceedings of the Commissioners of Review [T. No. 17.]

As also several affidavits taken before Mr. Belcher, Governor of the Massachusets Bay, and transmitted under the Seal of the province, being produced by Mr. Paris, the Solicitor.

And then it being too late for Mr. Clarke to go through what he had to offer in behalf of the Colony of Connecticut, their lordships adjourned the further hearing of this matter till eleven to-morrow morning, at which time both parties were to attend here again.

Thursday, December 20. Present:—Lord Monson, Colonel Bladen, Mr. Ashe, Mr. Plummer.

New York.

The report relating to the Indian presents, mentioned in the minutes of Tuesday last, was agreed to, and signed.

Connecticut.

Mr. Samuel Mason, according to appointment, again attending, with Mr. Solicitor General, his Counsel and Mr. Paris, his Solicitor, as also Mr. Clarke, Counsel for the Colony of Connecticut, and Mr. Sharpe, Solicitor, their lordships heard what Mr. Clarke had to offer in behalf of the Government of Connecticut, and to justify the proceeding of the Rhode Island Commissioners, and their judgment upon the Commission of Review under the Great Seal of Great Britain, dated the 3rd of June, 1737, relating to the Governor and Company of Connecticut and the Chief Sachem of the Mohican Indians in that Colony; and then several papers upon that subject were read, and copies of some old deeds and grants, together with several affidavits to prove the right of Benjamin Uncas to the Sachemship.

And then their lordships heard the reply of Mr. Solicitor General, after which the Counsel being withdrawn, their lordships took the whole affair into consideration, and gave some directions for preparing the draught of a report thereupon.