Journal, July 1740: Volume 48

Journal, July 1740

Tuesday, July 1. Present:—Lord Monson, Colonel Bladen, Sir A. Croft, Mr. Plummer.

North Carolina.

The draught of a representation to the Lords Justices, ordered by the minutes of the 19th of the last month, advising the repeal of the Cultivation Act (passed at North Carolina in 1738), was agreed to, and signed.

Bahamas.

Their lordships then took into consideration the draught of instructions given to Mr. Fitzwilliam, the late Governor of the Bahama Islands, and after making remarks upon some of them, gave directions that they should be transcribed for John Tinker, Esq., the present Governor, in order to be laid before their Excellencies the Lords Justices.

Wednesday, July 2. Present:—Lord Monson, Col. Bladen, Mr. Brudenell.

Massachusetts.

Read a letter to the Secretary from Mr. Willard, Secretary of the Massachusets Bay, dated May 24th, 1740, transmitting the following public papers, viz.
The Treasurer's General Account, from May, 1738, to May, 1739.
Minutes of Council, from the 21st of September, 1739, to the 5th of February, 1739/40.
Minutes of Assembly, from the 19th of September, 1739, to the 11th of January, 1739/40.
Six Acts, passed at Boston in December, 1739, and January, 1739/40.

Ordered that the said 6 Acts be sent to Mr. Fane, one of his Majesty's Counsel at Law, for his opinion thereon.

Trade. (fn. 1)

Ordered that the Secretary write a letter to Mr. Oxenford, Assistant Inspector General of the Exports and Imports at the Custom House, London, desiring his attendance at the Board on Thursday morning next. [Thursday July 10th.]

Thursday, July 3. Present:—Lord Monson, Col. Bladen, Mr. Brudenell, Sir A. Croft, Mr. Plummer.

Massachusetts.

The draught of a letter to Mr. Belcher, ordered by the minutes of the 17th of last month, in answer to such of his as were unanswered, was agreed to, and ordered to be transcribed.

Wednesday, July 9. Present:—Lord Monson, Col. Bladen, Sir A. Croft, Mr. Plummer.

Plantations General.

Read an order of the Lords of the Committee of Council, dated the 1st (fn. 2) July, referring back to this Board their report, with draughts of an additional instruction to the Governors of his Majesty's Plantations in America, directing that the Act of the 6th of Queen Anne for ascertaining the rates of foreign coins in America, be punctually observed, in order to the Board's reconsidering the said draught of instructions; and the Board, having taken the same again under their consideration, and made several alterations therein, directed the said draught of additional instructions to be transcribed, and a report, likewise accompanying them, to be prepared, which being accordingly done, the same was agreed to, and signed.

Massachusetts.

The letter to Governor Belcher, mentioned in the preceding minutes, having been transcribed, was agreed to, and signed.

South Carolina.

James Glen, Esq., governor of South Carolina, attending, delivered in a letter to the Board from Mr. Scrope, which was read, transmitting, by order of the Lords Commissioners of the Treasury, the memorial of the said James Glen, praying an allowance or salary, that may enable him to execute the trust reposed in him for the service of the Crown, for the publick welfare and prosperity of the Province, and with character and reputation to himself. And the Board agreed to take the said memorial into consideration on Thursday fortnight next (Thursday July 24th), at which time Mr. Glen was desired to attend.

Thursday, July 10. Present:—Lord Monson, Col. Bladen.

Trade.

East India.

Mr. Oxenford attending, as desired by the minutes of the 2nd instant, the Board had some discourse with him on the subject of the East India Trade.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office from Michaelmas to Christmas, 1739, amounting to £287 1s. 10½d., 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 time, was agreed to, and signed.

Tuesday, July 22. Present:—Lord Monson, Col. Bladen.

Jamaica.

Upon application made by Mr. John Sharpe and Mr. Joshua Sharpe, then attending, solicitors in behalf of Edward Manning, Esq., and Elizabeth Moore, his wife, the Board was pleased to appoint Thursday the 31st instant, for hearing counsel upon an Act, passed in Jamaica May 12th, 1739, (mentioned in the minutes of May 13th last), to dissolve the marriage of the said Edward Manning, Esq., with Elizabeth Moore, and to enable him to marry again. [Thursday, July 31st.]

Read a letter from Mr. Sharpe, agent for Jamaica, to the Secretary, dated July 16th, 1740, desiring him to move the Board to lay before the Lords Justices several Acts (therein mentioned), for the royal confirmation. [v. infra. 79.]

Nevis.

Read also another letter from Mr. John Sharpe to the Secretary, dated July 17th, 1740, desiring that the Board would lay before the Lords Justices for the royal approbation an Act, passed at Nevis in 1735, entituled, An act to repeal an Act made in the 5th of king William III against importing rum and molasses; also for raising an annual tax on vintners.

Ordered that the said Act, together with those mentioned in the preceding minute, be laid before the Board on Thursday next, in order to be considered. [Thursday, 24th inst.]

Leeward Islands.

Read a letter from General Mathew, Governor of the Leeward Islands, dated April 19th, 1740, transmitting (besides some duplicates), the following original papers of those islands viz:
Minutes of the Council of St. Christophers, from the 16th March, 1738/9, to the 9th January, 1739/40.
An Act, passed at St. Christophers the 9th January, 1739/40.
A private Act of Antigua for selling lands etc., late of Samuel Byam, of that island.
Minutes of Council of Montserrat, from the 29th of December, 1739, to the 24th of March, 1739/40.
Minutes of Assembly of Montserrat from the 29th December, 1739, to the 18th March, 1739/40.
Three Acts, passed at Montserrat in April, 1740.
Minutes of Council and Assembly of Nevis from the 19th November, 1739, to the 25th March, 1740.
An Act, passed at Nevis in April, 1740, for fortifying Saddle Hill.

Jamaica.

Read a letter from Mr. Trelawney, Governor of Jamaica, dated May 11th, 1740, acknowledging the receipt of three from the Board, and promising a distinct answer, as soon as he can get information of the several points contained therein.

Barbados.

Read a letter from Mr. Byng, Governor of Barbados, dated May 14th, 1740, recommending Reynold Hooper, Esq., to supply the vacancy left in his instructions, of a councillor in that island, and to make the number complete.

Ordered that the draught of a representation be prepared, recommending the said R. Hooper to be of the Council in Barbados.

Read another from Governor Byng, of the same date with that in the preceding paragraph, transmitting publick papers viz.:
The levy account for the year 1738, received by the Treasurer of Barbados.
The Treasurer's account of cash received and paid upon the duties of liquors and negroes imported, from the 13th of June, to the 13th of September, 1739.
The Treasurer's account of cash received and paid upon the duties of liquors and negroes imported, from the 13th September, to the 13th of December, 1739.
Copy of the Assembly's adjournment, 26th March, 1740.
Minutes of Council, beginning the 2nd of October, 1739, ending the 29th April, 1740.
Minutes of Assembly, from the 31st of October, 1739, to the 29th of April, 1740.
Five Acts passed at Barbados in February, 1739/40.

Wednesday, July 23. Present:—Lord Monson, Colonel Bladen.

Barbados.

The Board agreed to the draught of a representation recommending Reynold Hooper, Esq., to be of the Council of Barbados, ordered to be prepared by the minutes of yesterday, and signed the same.

Bahamas.

Their lordships took into consideration the draught of a representation with the instructions for Governor Tinker, and made some progress therein. Agreed to take it into consideration to-morrow.

Thursday, July 24. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Sir A. Croft.

South Carolina.

Mr. Glen attending, as appointed by the minutes of the 9th instant, prayed the Board to defer the consideration of his memorial to Friday the 1st of next month, he not being yet furnished with the papers proper to make out the allegations of the said memorial, to which petition the Board was pleased to agree.

Barbados.

Ordered that a copy of paragraph N. in Mr. Byng's letter of the 14th of May last, concerning the difference betwixt the 72nd article of his instructions and the 5th article of instructions, settled in Council, and issued by the Lords Commissioners of the Admiralty to the several captains, relating to Jacks to be worn by such ships, as the Governor shall give commission to, be transmitted, in a letter, to the Secretary of the Admiralty, in order to be laid before that Board.

Ordered likewise that a copy of the paragraphs marked O. P., in the same letter, be sent to Mr. Fane, his Majesty's Counsel at Law, in order to have his opinion thereon.

Rhode Island.

Read an order of the Lords Justices in Council, for the Attorney and Solicitor General to prepare a draught of the Commission, and for the Lords of Trade to write circular letters, to the Governors of New York, New Jersey, Nova Scotia, Massachusets Bay and Rhode Island, relating to the settling the eastern boundaries of his Majesty's colony of Rhode Island.

Ordered that the said letters be prepared.

Bahamas.

A representation to the Lords Justices, with the draught of instructions to Mr. Tinker, Governor of the Bahama Islands, and a letter to the Duke of Newcastle, inclosing the same, was agreed to, and signed.

Thursday, July 31. Present:—Lord Monson, Colonel Bladen, Mr. Brudenell, Sir A. Croft.

Jamaica.

Sir John Strange, Solicitor General, and Mr. Murray, Counsel for Mr. Manning, together with Mr. John Sharpe, his Solicitor, attending; as also, Mr. Noel and Mr. Forrester, Counsel on the other side, with Mr. Joshua Sharpe, Solicitor; and likewise several merchants and others trading to Jamaica being present: Their lordships (according to appointment the 22nd inst.), took into consideration an Act, passed at Jamaica the 12th of May, 1739, to dissolve the marriage of Edward Manning, Esq., with Elizabeth Moore, and to enable him to marry again: Which Act was read, and then the Board heard what Mr. Solicitor General and Mr. Murray had to offer in behalf of the said Act; and then heard Messrs. Noel and Forrester against it; and several affidavits were read, that had been taken before the Council and Assembly of Jamaica, while the said Bill was depending; (inserted in their minutes transmitted hither); after which the Lords heard the reply of the Solicitor General and Mr. Murray to the objections made by the Counsel of the other side; and the Counsel on both sides being withdrawn, their lordships deferred the consideration of this affair till to-morrow morning.