Journal, October 1744: Volume 52

Journal, October 1744

Thursday, October 4. Present:—Colonel Bladen, Mr. Plumer, Mr. Keene.

Barbadoes.

Mr. Paris, solicitor for John Price, and Mr. Sharpe, in behalf of the executors of Mr. Warren, attending the Board on the reference of the petition of John Price, from the Lords of the Committee of Council, dated November 24th, 1742 (mentioned in the minutes of December 16th, 1742), and desiring the Board to name a day for the hearing the merits of the cause, their lordships were pleased to appoint this day fortnight [Thursday, 18th inst.].

Antigua.

Mr. Sharpe at the same time brought to the office a private Act, passed at Antigua, the 17th January, 1743–4, entitled, An Act for the sale of certain Lands, Tenements and Slaves in this Island, late of George Byam, Merchant, deceased, and for placing out at interest the money arising by such sale in the public funds, or in government securities, or upon real securities in this Island, and desired that their lordships would be pleased to refer the same to Mr. Fane, which was ordered accordingly.

Jamaica.

Mr. Sharpe likewise desired that the Board would be pleased to report upon a private Act of Jamaica, passed the 19th of July, 1738, entitled, An Act to entitle Anne Dufresnay, a free Mulatto woman, the wife of Samuel Dufresnay, to the same Rights and Privileges with English subjects born of white Parents; and Mr. Fane's report thereupon being read, who had no objection to it, directions were given for preparing the draught of a representation to his Majesty, for the confirmation of the said Act, as desired by Mr. Sharpe, agent for the Island of Jamaica.

Virginia.

The Board being informed that Captain Dandridge, one of the Council of Virginia, was dead, their lordships agreed to recommend John Blair, Esquire, to be of that Board, and immediately ordered the draught of a representation to his Majesty for that purpose, which was accordingly prepared, agreed to and signed.

New York.

Read a letter from Mr. Horsmanden, one of the Judges of the Supreme Court at New York, dated the 24th of May, 1744, transmitting for the Board's information:—
A Journal of the proceedings in the detection of the conspiracy formed by some white people with negro and other slaves, for burning the city of New York, and murdering the inhabitants, in 1741 and 1742.

Ordered that the Secretary write an answer to the said letter, in the name of the Board, acknowledging the receipt thereof and of the book transmitted with it.

Barbadoes.

Read three letters from Sir Thomas Robinson, Governor of Barbadoes; the first, dated at Pilgrim House, May 10th, in which he complains of difficulties about impressing of seamen, with several papers annexed, about maintaining prisoners of war brought into the Island, and repairing the fortifications; the second, dated May 24th, 1744, acquainting the Board that he has published the Declaration of War against France, and his Majesty's proclamation, for distribution of prizes, and that he will do his best to prevent contraband trade; the last, dated July 15th, 1744, wherein he complains that the French have settled Santa Lucia; with several papers annexed, relating to prisoners of war brought into Barbadoes; also the Governor's speech to the Assembly, and their answer.

Ordered that extracts of the first of these letters, as far as relates to prisoners of war, and his difficulties in what manner to dispose of them, be sent to the Lords Commissioners of the Admiralty.

Ordered likewise that extracts be sent to the Duke of Newcastle, of those paragraphs of the said letter of the 15th of July, as relate to their want of ordnance stores, and to the Governor, sent by the French to Santa Lucia.

Wednesday, October 10. Present:—Colonel Bladen, Mr. Plumer, Mr. Keene.

New Jersey.

Read an Order of the Lords of the Committee of Council, dated the 21st of August, 1744, referring to the consideration of this Board the petition of the Proprietors, freeholders and inhabitants of a tract of land, now called Elizabeth Town, in his Majesty's province of New Jersey in America, concerning a dispute between them and several others, calling themselves proprietors of that province, relating to the right to the said tract of land.

Ordered that the consideration of the said Order be postponed, till application be made by the petitioners.

Mr. Paris, solicitor against the said petition, attending at the same time, desired to have notice from the Board when they should take that affair into consideration, to which they agreed.

Massachusetts.

Read an Order of the Lords of the Committee of Council, dated August 29th, 1744, referring to this Board two Acts, passed in the province of the Massachusetts Bay, in June last, transmitted by Governor Shirley to his Grace the Duke of Newcastle.

Ordered that the said Acts be sent to Mr. Fane, for his opinion thereon, in point of law, and that he be desired to use all convenient dispatch.

Barbadoes.

The draught of a letter to his Grace the Duke of Newcastle, for transmitting extracts of Sir Thomas Robinson's letters, ordered by the minutes of Thursday last, having been prepared, was laid before the Board, agreed to, transcribed and signed.

Pennsylvania.

The Board took again into consideration the Order of the Lords of Committee of Council, mentioned in the minutes of the 28th of August last, referring to this Board a representation from Colonel Thomas, Lieutenant Governor of Pennsylvania, made in pursuance of his Majesty's additional instruction, of the 7th July, 1743, to lay before his Majesty what he apprehended necessary for the security of that province.

Ordered that a copy of the charter of Pennsylvania, and of the above-mentioned representation from Colonel Thomas, be sent to his Majesty's Attorney and Solicitor General, together with a letter desiring their opinion, what power there is in the Crown to enforce the province's compliance with the Governor's instructions, so far as they relate to the security thereof.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office, from Midsummer to Michaelmas, 1743, amounting on the whole to £254 14s. 5½d., and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and under officers for the same time, was agreed to and signed.

Thursday, October 11. Present:—Colonel Bladen, Mr. Plumer, Mr. Keene.

South Carolina.

Read a letter from Mr. Glen, Governor of South Carolina, dated Charles Town, July 2nd, 1744, transmitting his speech to the Council and Assembly together with the following papers, viz.:—
The declaration of Bartholomew Audivei, a native of Toulon, and of Juanes Meregildo de Pino, of Cadiz, taken before Captain Horton at Frederica, in Georgia, the 9th of June, 1744.
Declaration of John Boireau and of Antonio Messina, taken before Captain Horton in Frederica, June 9th, 1744.
Copies of the affidavits of David Marshall and Captain John Webster, taken June 28th, 1744, before his Excellency the Governor of South Carolina.
Minutes of Council, from the 15th of March, 1741–2, to the 19th of February, 1742–3, and from the 21st of February, 1742–3, to the 16th of December, 1743.
Minutes of Council in Assembly, from the 18th of February, 1742–3, to the 16th of December, 1743.

Wednesday, October 17. Present:—Mr. Plumer, Mr. Keene.

Barbadoes.

Read a letter from Mr. Paris (together with one from Mr. Sharpe, signifying his consent), desiring that the hearing on the reference of the petition of John Price, which was, by the minutes of the 4th inst., appointed for to-morrow, may be postponed to a further day, to which the Board consented.

Jamaica.

The draught of a representation to his Majesty, ordered by the minutes of the 4th inst., for confirming a private Act of Jamaica, passed in that Island in July 1738 (mentioned in the said minutes), the same having been prepared, was agreed to, transcribed and signed.

Trade.

Africa.

The Board, being informed that the Secretary had received no answer to the letter, wrote by their direction the 15th of June last, to the mayor of Liverpool, on the subject of the African trade, ordered the Secretary to write a second letter to him on the same subject.

Thursday, October 18. Present:—Colonel Bladen, Mr. Plumer.

Massachusetts.

Read Mr. Fane's report upon two Acts, passed in the province of Massachusetts Bay, one entitled, An Act for the more effectual guarding and securing our sea coasts, and for the encouragement of seamen to enlist themselves in the Province Snow, or such vessels of war, as shall be commissioned and fitted out by this or other of his Majesty's governments during the present war with France; the other entitled, An Act to prevent all traiterous correspondence with his Majesty's enemies; referred to him for his opinion thereon, by the minutes of the 10th inst., to which he has no objection, in point of law. The Board thereupon took the said Acts into consideration, and some difficulties arising, their lordships agreed to reconsider them the first opportunity.

Maryland.

Read a letter from Mr. Jennings, Secretary of the province of Maryland, to the Board, dated at Annapolis, June 12th, 1744, enclosing a list of persons naturalized in that province, from the 1st of June, 1743, to the 1st of June, 1744.

Wednesday, October 24. Present:—Colonel Bladen, Mr. Plumer, Mr. Keene.

Pennsylvania.

Read Mr. Attorney and Solicitor General's report upon several papers, referred to them by order of this Board, of the 10th inst., for their opinion, what the legislature of Pennsylvania are obliged to do, and by what means they may be obliged to provide for their security against a foreign enemy.

Ordered that the draught of a report to the Lords of the Committee of Council, pursuant to their order, mentioned in the minutes of the 28th August, be prepared.

Trade.

Africa.

The Board resumed the consideration of the state of the trade to Africa, etc., referred to them by his Grace the Duke of Newcastle's letter of the 24th of May last, enclosing copy of an address of the House of Commons to his Majesty, read the 30th of the same month, and made some progress therein.

South Carolina.

Read a letter from Mr. Whitaker, Chief Justice of South Carolina, to the Board, dated there the 25th of June, 1744, transmitting the copy of an Act, lately passed in that province, to remedy some defects in his Majesty's Rent Roll, etc., together with the several following papers, relating to that subject, viz.:—
1. Henry McCulloch, Esquire, Commissioner of his Majesty's Quit Rents, etc., his first letter to Mr. Whitaker, Chief Justice of South Carolina, dated 20th January, 1742–3.
2. Mr. Whitaker's answer to Mr. McCulloch's first letter. This dated 21st January, 1742–3.
3. Copy of Mr. McCulloch's letter to Mr. Whitaker, 23rd January, 1742–3.
4. Substance of a letter wrote by Mr. Whitaker, Chief Justice of South Carolina, in answer to Mr. McCulloch's letter of the 23rd January, 1742–3.
5. Proceedings in the Assembly on the memorial of Henry McCulloch, Esquire, laid before the Lieutenant Governor, and by the Lieutenant Governor sent to the Assembly, and upon Mr. McCulloch's letter to Mr. Whitaker, Speaker of the Assembly, and by him communicated to the House.
6. The report of the Committee of the Assembly, appointed to consider of the most effectual measures to bring white persons into this province to increase our strength; to whom Mr. McCulloch's letter to the Speaker was referred.
A. Mr. Champneys, Deputy Secretary, his letter to Mr. Whitaker, 30th May, 1744.
B. Copy of Governor Johnson's proclamation, dated 4th November, 1731.
B.B. The usual from of a grant of his Majesty's lands in South Carolina.
C. The Receiver General's letter, dated Charles Town, 13th June, 1744.
Copy of An Act to remedy some defects in his Majesty's Rent Roll, etc.
Observations on An Act to remedy some defects in his Majesty's Rent Roll, etc.
Archdale's Act, March, 1695–6, with some queries upon it.

Thursday, October 25. Present:—Colonel Bladen, Mr. Plumer, Mr. Keene.

Massachusetts.

The Board had again under consideration the two Acts, passed in the province of the Massachusetts Bay (mentioned in the minutes of the 18th inst.), and after some progress made therein, ordered the Secretary to write to Mr. Fane, to reconsider the first of the said Acts, entituled, An Act for the more effectual guarding and securing our sea coasts, and for the encouragement of seamen to enlist themselves in the Province Snow, or such vessels of war, as shall be commissioned and fitted out by this or other of his Majesty's governments during this present war with France; and to compare the same with the several Acts of Parliament passed here, since the commencement of the war with Spain and France, for the better encouragement of seamen in his Majesty's service, and likewise with his Majesty's declaration and proclamation for the distribution of prizes, and to inform the Board, if the said Province Snow, etc., are to be deemed ships of war or privateers, and whether they are entituled to the bounties given by the said British Acts.