Journal, December 1735: Volume 44

Journal, December 1735

Tuesday, December 2nd. Present:—Earl of Fitzwalter, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Papers for the Parliament.

The Board considered the Acts of Virginia, described in the addresses of the House of Commons.

South Carolina.

Appropriation Act sent to Mr. Fane.

Ordered that the Appropriation Act, passed in South Carolina in 1735, be sent to Mr. Fane for his opinion thereon in point of law [fo. 132, 264].

Pennsylvania.

Acts considered.

Then the Board took into consideration a volume of Pennsylvania Acts, printed in 1728, which had been left with the secretary by Mr. Paris, agent for that province; and Mr. Paris attending, was asked whether he delivered that book of laws by order of the proprietors, he said he had no orders to deliver it, nor did he remember the leaving it at the office [fo. 280].

New York.

Three suspended councillors.

Mr. Paris then desired the Board would come to some resolution upon the memorial of Messrs. Morris, Van Dam and Alexander, read the 26th of the last month; and their lordships acquainted him that they did not think it proper to deliver copies of Mr. Cosby's, the Governor New York's letters, as desired by that memorial [vide fo. 253].

South Carolina.

Naval officers list of vessels.

The draught of a letter to Mr. Fox, naval officer in South Carolina, in answer to several from him, inclosing lists of ships entered and cleared in that province, was agreed to [fo. 224].

Rhode Island.

Letter to the collector of the Customs.

A draught of a letter to Mr. Kay, collector of the Customs at Rhode Island, in answer to two letters from him, dated December 27th, 1732, and 4th September, 1733, read the 17th and 18th of September last, was agreed to [fo. 224].

Wednesday, December 3rd. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Brudenell, Mr. Plummer.

St. Christophers.

Acts considered.

Mr. West's report on three Acts, passed at St. Christophers in 1723, was read, with objections to one of them, but now of no weight, and nobody appearing against it, the Act may lye by.

Montserrat.

Act of Courts postponed.

Mr. Attorney and Solicitor General's report against the Act of Montserrat, passed in 1729, for establishing a court of King's Bench etc., was read, and Mr. John Sharpe ordered to attend thereon next Tuesday.

Leeward Islands.

Act for fines and recoveries.

Mr. Fane's reports upon An Act for supplying the want of fines and recoveries in the Leeward Islands, and for appointing Mr. Coope agent of St. Christophers, were read.

Thursday, December 4th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Newfoundland.

Fishery, heads of enquiry answered.

Letter from Captain Lee, Governor of Newfoundland, dated September 19th, 1735, with his answers to heads of enquiry, relating to the trade, fishery and state of the island for the year 1715, was read; and a letter was ordered to be prepared, for sending the 5th answer to the Secretary at War.

Massachusets.

New Hampshire.

Boundaries.

Letter from Mr. Paris, relating to the bounds between the Massachusets Bay and New Hampshire, with a list of papers he desired might be produced at the Committee of Council on the 15th instant, for hearing that affair, was read; ordered that a clerk do attend the Committee with the said papers [fo. 72, 260].

Friday, December 5th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Massachusets.

Rhode Island.

Boundaries.

Mr. Paris attending, desired Mr. Wilks may be reminded of giving the answer of the Massachusets Bay, which he had received to the Rhode Island petition for settling their boundaries; ordered that Mr. Wilks have notice to attend with the said answer on Tuesday next [fo. 45, 266].

Private Bank at Boston.

Mr. Attorney General's report upon the case of the private bank at Boston, dated November 10th, 1735, was read [fo. 206].

Eight Acts, referred to the Board, again read.

The order of the Committee of Council of October 27th, 1735, referring to the Board eight Acts passed in the Massachusets Bay in January, 1734/5, and April, 1735, was again read; and Mr. Fane's report in favour of them being read with the Acts themselves, the Board's resolution upon each of them is entered upon the respective Acts;

Hemp and Flax.

With regard to that giving bounties upon hemp and flax, ordered that Governor Belcher, Colonel Dunbar and the Surveyor of the Customs be wrote to know how that premium upon flax operates; whether they have any views of setting up linen manufactures there, and whether it was given with that view? whether they have any prospect of Irish people going there to instruct them in that manufacture.

Intestates' estates.

Upon the law for settling the estates of intestates, ordered that Mr. Fane attend the Board next Tuesday [fo. 265].

New Hampshire.

Paper money prohibited in the Massachusets.

Upon the Act to prevent the currency of New Hampshire bills of credit in the Province of the Massachusets Bay, ordered that Captain Tomlinson attend the Board on Tuesday next [fo. 266].

St. Christophers.

Act reducing the secretary's fees.

Mr. Coope desired the Board to report in favour of the Act for reducing the fee of 3s. taken by the secretary in the Island of St. Christopher's as clerk in Chancery, for the copies of bills and answers in that court; but the Board thought fit to wait a little longer, Mr. Smith the secretary being daily expected.

Crab Island.

To be settled.

Mr. Coope then presented to the Board some proposals for settling Crab Island, which was read.

St. Christophers.

Act for regulating seamen.

He acquainted the Board that he apprehended objections might be made to the St. Christopher's Act for regulating seamen and sailors, and obliging masters of ships to take care of their sick seamen, especially to that part of it obliging masters of vessels to give bond etc.; ordered that the Act be sent to Mr. Fane, and reconsidered when returned from him.

Montserrat.

Powder duty.

Order in Council approving an instruction about passing an Act of Montserrat for laying an impost of powder on the tonnage of vessels, was read [fo. 184].

St. Christophers.

Mr. Williams made a councillor.

Order in Council, dated November 26th, 1735, approving a representation of this Board for appointing John Williams a councillor in St. Christopher's, was also read [fo. 225].

Miscellanies.

No books or papers to be lent out of the office without a receipt.

Ordered that the secretary do not lend any book or paper out of the office to any person whatsoever, without taking a receipt for the same.

Massachusets.

Governor's salary.

Copy of an order in Council of November 6th, 1735, approving the draught of an instruction empowering Mr. Belcher, Governor of the Massachusets Bay, to pass a bill for granting him £3000 for his support, was read [fo. 241].

Acts approved.

Copy of an order in Council, dated November 6th, 1735, approving several Acts passed in the Massachusets Bay in 1731/2, 1732, 1732/3; and 1733, was read [fo. 255, 260, 266].

New York.

Reasons for suspending Chief Justice Morris insufficient.

Copy of an order in Council of 26th November, 1735, upon a report of a Committee of Council, setting forth that the reasons given by Colonel Cosby for removing Mr. Morris from being Chief Justice of New York were insufficient, was read.

New Jersey.

Interest money appropriated.

Copy of an order in Council of November 26th, 1735, approving an Act of New Jersey for appropriating part of the interest money arising from paper bills of credit to the incidental charges of the government, was read.

South Carolina.

£104,775 1s. 3¼d. appropriated to pay public debts.

Copy of an order in Council of the 13th of October, 1735, directing an Act, passed in South Carolina in 1731, for appropriating the sum of £104,775 1s. 3¼d. towards the payment of the publick debts, ordering the same to lye by probationary, was read [fo. 256].

Governor to be instructed about paper money and appropriations.

Copy of an order in Council, dated October 13th, 1735, approving the draught of an additional instruction for the Governor of South Carolina to get an Act passed, relating to the issuing of paper money and appropriating thereof.

North Carolina.

Three new councillors.

Copy of an order in Council of November the 6th, 1735, approving William Forbes, James Innes and Thomas Wardroper, to be of his Majesty's Council in North Carolina, was also read [fo. 215].

Tuesday, December 9th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Massachusets.

Act about intestates' estates to be confirmed.

Mr. Fane attending, as had been ordered at the last meeting, the Act passed in the province of the Massachusets Bay in 1734/5, in addition to An Act for the settlement and distribution of the estates of intestates, read at the last meeting, was again read; and Mr. Fane being of opinion that it was agreeable to the statute of distribution of 22nd and 23rd of Charles 2nd Cap: 10th; and the Board considering the same together with the law, to which it refers, passed in 1719, for regulating decrees and other proceedings of the judges of probate etc., with Mr. West's report in favour of that Act, their lordships had no objection to this Act [fo. 261].

Massachusets.

Rhode Island.

Boundaries.

Mr. Wilks and Captain Tomlinson attending, as ordered at the last meeting, with Mr. Sharpe and Mr. Paris, their solicitors, the Board demanded Mr. Wilks' answer to the Rhode Island petition about the bounds between that colony and the Massachusets Bay; he said he had not received the proper answer as yet, but expects it by the first ship, and will lay before the Board what directions he has received this day sevennight [fo. 260, 274].

Massachusets.

New Hampshire.

Bills of credit.

Then the Board took again into consideration the Act to prevent the currency of New Hampshire bills in the Province of the Massachusets, read at the last meeting; Mr. Wilks said that, if these bills are allowed to be current in the Massachusets, it will be the ruin of the province; and desired the Act might be well considered, before it was repealed, and that he might have an opportunity of talking with the merchants of this subject, and would attend the Board again upon notice after Christmas [fo. 261].

Massachusets.

Hemp, flax and linen.

Mr. Wilks, being asked upon the subject of the Act of 1734/5, to encourage the raising of hemp and flax, whether it was done with any view to the settling of linen manufactures there; he said it was, and that there was a little town called Londonderry, where that manufacture was carried on by some Irish.

St. Christophers.

Agency Act.

Then Mr. Sharpe informed the Board that he had no further directions to object to the Act passed at St. Christopher's, for appointing Mr. Coope agent for that island;

Montserrat.

Court Act.

And that he, not being agent for Montserrat, had nothing to say to the Act for establishing a Court of King's Bench etc., in that island.

South Carolina.

Indian trade disturbed by Captain Mckey, agent of Georgia for Indian affairs.

A remonstrance from Mr. Broughton, Lieut-Governor of South Carolina to the Board, dated in October, 1735, complaining of the ill conduct of Captain Mckey, agent for India affairs in Georgia, for disturbing the Indian trade of Carolina, with several papers, proving the same, were read, and the Board agreed to consider further thereof to-morrow [fo. 268].

Wednesday, December 10th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Plummer.

Georgia.

Mc Key's affair postponed.

The charter granted in 1732, for the settlement of Georgia, being read, and Mr. Hucks and Mr. Laroche, two of the trustees for that colony, attending, acquainted the Board that they had referred the affair of Captain McKey, their agent, complained of by Mr. Broughton, to a committee, and when they have reported the same, the trustees will attend the Board again upon that subject [fo. 267, 278].

Stores of war wanting there.

And Mr. Hucks desired the Board, on behalf of the trustees, that they will consider the order of the Lords of the Committee of the 4th of August, read the 20th of August, 1735, upon their petition for a supply of stores of war [fo. 193, 275].

South Carolina.

Wragg and Deane's petition for 6000 acres of land.

Order of the Committee of Council of 23rd July, 1735, referring to the Board the petition of Messrs. Wragg and Deane for 6000 acres of land, granted by the late Lords Proprietors for erecting a sawyery thereon, was read; ordered that Mr. Shelton, who brought this order to the office, do attend the Board thereon next Wednesday.

Nova Scotia.

Fishery.

Letter from Captain Towry of November 12th, 1735, with his answer to heads of enquiry, relating to the trade and fishery of Can¸o in Nova Scotia for the year 1735, was read.

Thursday, December 11th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Mr. Plummer.

Virginia.

Letter to the Governor about an Act for trying slaves.

Draught of a letter to Major Gooch, Lieut-Governor of Virginia, ordered to be prepared the 28th ult., upon the Act of 1723 for the tryal of slaves etc., was agreed to.

North Carolina.

Letter to the Governor for the register of grants of land.

Draught of a letter to Gabriel Johnston Esqr., Governor of North Carolina, ordered to be prepared the 21st of October, 1735, in order to procure a book, now in the possession of the widow of the late Mr. Little of that province, in which all grants of land in that province are entered, was agreed to [fo. 242].

Plantations General.

New York.

Governors voting as councillors.

Draught of a letter to Colonel Cosby, upon some facts vizt., voting as a councillor, expecting bills to be laid before him prior to their being passed in Council or Assembly, and adjourning the Assembly in his own name, mentioned in some New York newspapers, mentioned in the minutes of the 14th of August last, was considered; but a question arising concerning the Governor's power of voting in the Council as a councillor, and acting thereby in a double capacity; ordered that a state of the case be prepared, in order to be laid before the Attorney and Solicitor General for their opinion thereupon; and when their report shall be received, the Board resolve to reconsider this letter [fo. 272].

Newfoundland.

Governor's answer to heads of enquiry; part of them sent to the Duke of Newcastle.

Draught of a letter, ordered to be prepared the 4th instant, to the Secretary at War, with Captain Lee's 5th answer to heads of enquiry relating to Newfoundland, being considered, the Board thought it more proper to send that answer to the Duke of Newcastle; and a letter was accordingly agreed to and signed.

Massachusets.

Letters to the Governor, Lieut-Governor, etc., agreed to.

Draught of a letter to Mr. Belcher, Governor of the Massachusets Bay, Colonel Dunbar, Surveyor of the Woods, and to the Surveyor of the Customs at Boston, ordered to be prepared the 5th instant, was agreed to [fo. 273].

Jamaica.

Letter to the President.

Letter from Major Ayscough, President of the Council and Commander in Chief of Jamaica, dated August 16th, 1735, was read; ordered that the draught of answer be prepared [fo. 275].

Barbadoes.

Letter from the President with public papers; Acts sent to Mr. Fane.

Letter from Mr. Dottin, President of the Council and Commander in Chief of Barbados, dated August 2nd, 1735, with publick papers, was read; and the Act giving the Lady Howe £2500, ordered to be sent to Mr. Fane for his opinion thereon; and that the agents be sent to for the account Mr. Dottin mentions of hardships laid on them by the Custom House officers.

Friday, December 12th. Present:—Earl of Fitzwalter, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Sir A. Croft, Mr. Plummer.

South Carolina.

Mr. Roberte refused a copy of the draught of the Quit Rent Act.

Lord Carteret, eight baronies granted in 1718.

Mr. Garden, councillor, and Mr. Allen, solicitor, desired in behalf of Mr. Roberts, who has nine baronies in South Carolina, and is in possession of six of them, to have a copy of the draught of the quit rent law prepared here; but the Board did not think proper to grant it; they informed the Board that the eight baronies granted by the late Lords Proprietors to the Lord Carteret, were granted to his Lordship in December, 1718 [fo. 230].

Plantations General.

New York.

Governors roting as councillors.

The state of the case, ordered yesterday to be prepared, with regard to governors voting as councillors, being considered, ordered that Mr. Attorney General or Mr. Solicitor General be desired to attend the Board next Tuesday, Wednesday or Thursday, to explain the nature of the case to them, in order to have their opinion thereupon [fo. 270, 277].

Leeward Islands.

Letters from the Governor; Acts sent to Mr. Fane; Governor to be answered.

Five letters from General Mathews, Governor of the Leeward Islands, dated July the 29th and 31st, August 2nd and September 10th and 14th, were read, and the papers, therewith transmitted, were laid before the Board; ordered that the Acts of Antigua, St. Christopher's and Montserrat be sent to Mr. Fane for his opinion thereon, and that an answer be prepared to General Mathews' said letters [fo. 275].

New England.

Four letters from the Governor to be answered.

Letters to him etc., signed.

Four letters from Mr. Belcher, Governor of New England, dated August 19th, and October the 23rd and 28th, 1735, were read; and an answer thereto was ordered to be prepared [fo. 276].

The letters to Mr. Belcher, Colonel Dunbar and the Surveyor of the Customs at Boston, agreed to yesterday, were signed [fo. 271].

Tuesday, December 16th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Sir O. Bridgeman, Sir A. Croft, Mr. Brudenell.

Jamaica.

Act directing the Marshal's proceedings to lie by.

Mr. Fane's report, dated December 11th, 1735, upon an Act passed at Jamaica, directing the Marshal's proceedings and regulating thereof, was read; and the Board agreed that this Act should lye by, till Mr. Forbes, the Provost Marshal, shall make application.

Massachusets.

Rhode Island.

Boundaries.

A letter from Mr. Wilks, agent to the Massachusets Bay, inclosing his instructions from that province, relating to the bounds between them and Rhode Island, and desiring the matter may be postponed till after the holidays, and in the meantime that no copy of this letter may be given to the Rhode Island agent, was read [fo. 266].

This letter not being a complete answer, and Mr. Wilks promising to give in a complete one; that he will stand by on the 9th of next month, the Board agreed to postpone the matter till then, and give no copy of the present letter.

South Carolina.

Georgia.

Granting land and stores of war.

Order of the Committee of Council upon a petition of the Georgia trustees against granting any land to the south of the River Altamaha, was read, and the Board agreed to consider this after the holidays, as likewise the order of the Committee upon the said trustees, desiring stores of war, mentioned in the minutes of the 10th instant, and read the 20th of August, 1735, which Mr. Hucks now desired might be considered [fo. 268].

Jamaica.

Letter to the President.

Draught of a letter to Mr. Ayscough, President of the Council of Jamaica, ordered to be prepared the 11th instant, was agreed to [fo. 271, 279].

Leeward Islands.

Letter to the Governor.

As also another to the Governor of the Leeward Islands, ordered at the same time [fo. 273, 279].

New England.

Letter to the Governor.

Draught of another letter to Mr. Belcher, Governor of New England, ordered to be prepared the 11th instant, was likewise agreed to [fo. 273, 279].

Commissioners of the Navy complain about masts; to be considered in January next.

Letter from the Commissioners of the Navy to the secretary, dated December 12th, 1735, inclosing a copy of one to them from Mr. Gulston, their contractor for New England masts, relating to the difficulties and obstructions he meets with in performing his contracts etc.; the Board agreed to consider this after the holidays, and then to desire the assistance of Sir Charles Wager, and some of the Commissioners of the Navy upon this subject.

Wednesday, December 17th. Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Sir. O. Bridgeman, Mr. Brudenell, Mr. Plummer.

Jamaica.

Proposals for better settling it.

Order of the Committee of Council, referring to the Board a memorial and proposal of the merchants of London, Bristol and Liverpool, relating to the state of and better settling the Island of Jamaica, was read; and their lordships resolved to consider thereof after their recess, and ordered that papers relating thereto be looked out.

Plantations General.

New York.

Governors voting as councillors; and presidents, when commanders in chief, acting as governors and councillors both.

Mr. Attorney attending, as he had been desired the 12th instant, their lordships acquainted him with the case, upon which they desired his opinion, in relation to a governor's voting as a councillor; as also whether a president of the council, upon the death or absence of a governor, and then being commander in chief and administering the government himself, could act in a double capacity as governor and councillor; whereupon the Attorney General desired that the Board would order a letter to be writ to him and Mr. Solicitor General with the several queries, as stated, in order to their giving their opinion thereupon, which he promised to do when the Board meets again after their recess [fo. 272, 279].

South Carolina.

Wragg and Deane's petition for land postponed; Mr. Danson's heirs to be enquired after.

Order of the Committee of Council of July 23rd, 1735, referring Mr. Wragg and Deane's petition, read the 10th instant, was again read; and Mr. Wragg desired the further consideration of it might be postponed; their lordships ordered Mr. John Sharpe might have notice when this matter is further considered, according to his own desire; and Mr. Wragg assured the Board that he would endeavour to find out the true heirs of Mr. Danson, of whom they purchased the land, mentioned in their petition, and paid money for it £120.

Georgia.

Mc Key discharged.

The Earl of Egmont, Mr. Vernon, Mr. Laroche and Mr. Hucks, some of the trustees for the Colony of Georgia, attending, communicated to the Board a letter they designed to send to Colonel Broughton, Lieut-Governor of South Carolina, relating to a complaint made by him about the ill behaviour of Captain Patrick McKey, their agent for building a fort amongst the Indians; as also a letter to the said Captain McKey, discharging him (for his ill conduct) from their service, and left copies thereof [fo. 268].

Thursday, December 18th. (fn. 1) Present:—Earl of Fitzwalter, Mr. Pelham, Colonel Bladen, Mr. Ashe, Mr. Brudenell, Mr. Plummer.

Plantations General.

Governors voting as councillors.

The state of the case in relation to governors' power of voting as councillors, mentioned in yesterday's minutes, was agreed to, and ordered to be sent to the Attorney and Solicitor General for their opinion thereupon [fo. 277].

Leeward Islands.

Letter to the Governor.

Letter to Mr. Mathew, Governor of the Leeward Islands, agreed to the 16 instant, was signed [fo. 275].

Jamaica.

Letter to the Governor.

A letter to Mr. Cunningham, Governor of Jamaica, agreed to at the same time, was also signed [fo. 275].

New England.

Letter to the Governor.

And the like to Mr. Belcher, Governor of New England [fo. 276].

Pennsylvania.

McCall's Act sent to Mr. Fane.

Order to the Committee of Council, dated December 8th, 1735, referring to this Board an Act passed at Pennsylvania in 1735, for the more effectual vesting certain lands in Mr. McCall, was read.

Ordered that the Act be sent to Mr. Fane for his opinion thereon.

Georgia.

Mr. Martin.

Mr. Martin brings the three copies of the letters, read yesterday, and the titles thereof were read.

The Board then adjourned to the 8th of January next.