Journal, February 1747: Volume 55

Journal, February 1747

Tuesday, February 3. Present:—Lord Monson, Mr. Plumer, Mr. Pitt.

North Carolina.

Virginia.

Mr. Paris attending, laid before the Board a paper, entituled, Memorial of the British Merchants against an Act of North Carolina for giving Preference to Country Debts, passed in 1715 or 1716, by the late Lords Proprietors of that province, and praying that the Board would lay the said Act before his Majesty for his disapprobation thereof; whereupon the Board had some discourse with him on the subject of the said memorial, and agreed to take the same into consideration at another opportunity; and Mr. Paris in the mean time was directed to make enquiry, and inform the Board, whether, since passing the said Act, the same has been continued in use, to the prejudice of the British merchants or others.

South Carolina.

Read a memorial of Colonel Fenwicke, appointed by the Council and Assembly of South Carolina to solicit his Majesty's approbation of an Act, lately passed in that province, for emitting and making current the Sum of £210,000, in paper Bills of Credit, to be let out at Interest, etc., desiring the Board to report the same to his Majesty for his royal confirmation.

Agreed to take the said memorial into consideration, as soon as the Board shall receive Mr. Lamb's opinion upon the Act, mentioned in the said memorial.

Newfoundland.

Placentia.

The draught of a letter to his Grace the Duke of Newcastle, for enclosing an extract of Captain Gledhill's letter to the Board, having been prepared, as ordered by the preceding minute, was agreed to and signed.

Thursday, February 5. Present:—Lord Monson, Mr. Plumer, Mr. Leveson Gower.

New York.

Read a letter from Mr. Clinton, Governor of New York, to the Board, without a date.

Read another letter from Mr. Clinton, without date, transmitting the following papers, viz.:—
Copy of reasons given by the Council for his Excellency's passing a Bill for the emission of paper money. Dated May 3rd, 1746.
A treaty between his Excellency, the Honourable George Clinton, and the Six united Indian Nations, in August and September, 1746.
The New York weekly Post Boy, of December 8th, 1746.
Votes and proceedings of the General Assembly of New York, from 29th July, 1746, to 29th November, 1746.

Bermuda.

Read the memorial of Messrs. Smith, Selby, and Mathias, relating to their scheme for the cultivating and growing the Madeira grapes in the Bermudas, some time since laid before the Board, as appears by the minutes of the 3rd of December last.

Plantations General.

The Secretary acquainted the Board, that Mr. Fane had returned back to the office some Acts of the plantations that had been referred to him, without making any report upon them, being of a private nature. Ordered that the said Acts be referred to Mr. Lamb, now counsel for the service of this Board.

Tuesday, February 10. Present:—Mr. Plumer, Mr. Leveson Gower, Mr. Fane.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office, from Lady Day, 1745, to Lady Day, 1746, amounting in the whole to £1,262 3s. 7½d., 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.

Plantations General.

Read a letter from the Duke of Newcastle, dated the 7th instant, in answer to the Board's letter to him of the 23rd of January last, relating to leave of absence to councillors in the plantations.

South Carolina.

Ordered that two draughts of representations to the king be prepared, recommending Edward Fenwicke, Esquire, to be of the Council of South Carolina, in the room of Richard Hill, Esquire, deceased, and Hector Berenger de Beaufin to be of the said Council, in the room of John Fenwicke, Esquire, who has resigned.

Wednesday, February 11. Present:—Lord Monson, Mr. Plumer, Mr. Pitt.

South Carolina.

The draughts of two representations to his Majesty, ordered by yesterday's minutes, recommending Edward Fenwicke and Hector Berenger de Beaufin, Esquires, to be of the Council of South Carolina, were agreed to and signed.

Tuesday, February 17. Present:—Lord Monson, Mr. Plumer, Mr. Pitt.

Barbados.

Read a letter from Sir Thomas Robinson, Governor of Babados, dated the 4th of December, 1746, containing an account of his proceedings in the administration of that government, and inclosing his speech to the Council and Assembly of that Island, and the Council's address to him.

Leeward Islands.

Read a letter from General Mathew, Governor of the Leeward Islands, to the Board, dated Antigua, August 26th, 1746, transmitting (besides several duplicates) the following publick papers, viz.:—
Minutes of the Assembly of Montserrat, from the 29th of September, 1743, to the 25th of March, 1746.
Two Acts, passed at Antigua, in June and August, 1746; and a private Act, passed there, in July, 1746, for the sale of part of the estate of William Lindsey.

Ordered that the original Acts be sent to Mr. Lamb, for his opinion thereon, in point of law.

Pennsylvania.

Read an Order of the Committee of Council, dated the 27th of last month, referring to this Board the petition of Thomas and Richard Penn, Esquires, Proprietors of Pennsylvania, relating to three Acts, passed in that province in 1722 and 1729, laying a duty on persons convicted of heinous crimes, and imported into that province; and the Board agreed to take the said petition into consideration, when application shall be made by the petitioners.

Massachusets.

Read an Order of the Lords of the Committee of Council, referring to this Board and to his Majesty's Secretary at War, a petition of the Council and House of Representatives of the province of the Massachusets Bay, for reimbursement of the expences they have been at, in taking and reducing Cape Breton and its dependencies, and directing them to meet and examine into the demand made by the said province, and to adjust and liquidate the same.
The province of the Massachusets Bay's account of their expenses of the expedition against Cape Breton.

New Hampshire.

Read an Order of the Lords of the Committee of Council, referring to this Board and to his Majesty's Secretary at War, a memorial and petition of the Council and Representatives of the province of New Hampshire, relating to the expences they have been at in assisting to take Cape Breton and its dependencies; and directing them to meet and examine into the demand made by the said province in this affair, and to adjust and liquidate the same.

Proprieties.

Rhode Island.

Read an Order of the Lords of the Committee of Council, dated 15th January, 1746, referring to this Board and to his Majesty's Secretary at War a petition of Richard Partridge, agent for the colony of Rhode Island and Providence Plantations in New England, for a reimbursement of the expences they have been at in assisting to secure and take Cape Breton and its dependencies, and directing them to meet and examine into the demand made by the said Colony, and to adjust and to liquidate the same.

Tuesday, February 24. Present:—Lord Monson, Mr. Plumer, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Massachusets.

The Right Honourable Henry Fox, Esquire, his Majesty's Secretary at War, being present, to whom and to this Board his Majesty had, by his Order in Council, dated the 15th of January, 1746, been pleased to refer the petition of the Council and House of Representatives of the province of the Massachusets Bay, for a reimbursement of the expences they had been at in taking and securing Cape Breton and its dependencies, and to direct them to examine into and liquidate their demands; the said Order and petition, thereunto annexed, were read, as also the account of the expences of the said province in the expedition to Cape Breton, delivered to the Board by their agent; and Mr. Bollan, agent for the said province in this affair, attending, was called in, and being desired to explain the several particulars, contained in the said account, he begged leave to lay before the Board such general evidences, as might serve to convince them of the justice of their demand; accordingly he produced a paper certified under the hand of William Shirley, Esquire, his Majesty's Governor of the Massachusets Bay, and attested upon oath by William Foye, Treasurer of the said province, which paper was read, and is as follows, viz.:—
Massachusets.
"Account of the several emissions granted by the General Court for Cape Breton.

"Remains in the hands of the Treasurer, which is daily paying out £14,321, and the several Acts transmitted to this Board, and certified by Mr. Shirley under the province seal, passed in the province of the Massachusets Bay for raising the several sums above-mentioned, and for appropriating the same for the carrying on the expedition against Cape Breton, except the last mentioned sum of £20,000," were produced and read. And the agent being asked concerning the said sum of £20,000, called in the above account a transfer, he produced the printed votes of the House of Representatives of the province of the Massachusets Bay, in which was contained the following vote, which was read, viz.:—
"Jovis 28 die Augusti, a.d. 1746. Post Meridiem."

"Whereas the appropriation for the late expedition to Cape Breton is exhausted, and a larger sum remains due than was expected, and there is a demand for immediate payment; therefore voted that the sum of £20,000, appropriated in the last Act for the supply of the Treasury to the intended expedition to Canada, be applied to discharge such debts as remain due on the late expedition against Cape Breton, and the Treasurer is empowered and directed to govern himself accordingly." The said agent being further asked concerning the appropriation of the several sums mentioned in the aforesaid account, and how applied, he referred the Board to the Acts before-mentioned and to the Treasurer's attestation upon oath, annexed to the said account, which was read, and is as follows, viz.:—"The above sums, amounting to £278,800, were drawn out of the Treasury by warrants from the Governor and Council, except the £14,321, remaining in hand as above.
"Attested, William Foye, Treasurer."

He likewise desired that a clause in an Act, passed in that province in 1745, entituled, An Act for Supplying the Treasury with the Sum of £50,000, etc., might be read, which clause was accordingly read, and is as follows, viz.:—

Massachusets.

"And be it further enacted that each and every warrant for drawing money out of the Treasury, shall direct the Treasurer to take the same out of such sums, as are respectively appropriated for the payment of such publick debts as the draughts are made to discharge, and the Treasurer is hereby directed and ordered to pay such money out of such appropriation, as directed to and no other, upon pain of refunding all such sum or sums as he shall otherwise pay, and to keep exact and distinct accounts of all payments made out of such appropriated sums, and the Secretary, to whom it belongs to keep the muster roll and accounts of charge, shall lay before the House, when they direct, all such muster rolls and accounts after payment thereof."

The agent being further desired to give some evidence of the several particulars of each company as stated in the account laid by him before the Board, he produced a paper entituled, "Account of the charge of supporting the garrison in his Majesty's service at Louisbourg after the 10th of July, until the first muster Rolls were made up and paid, by order of the General Assembly of the Massachusets province,
Signed:

And the said account appearing to be attested, the following attestation, thereunto annexed, was read, viz.:—
"Province of the Massachusets Bay, 19th November, 1746."

"A Committee of the general Court having laid before us the foregoing account of the wages and subsistance of the forces retained in garrison in his Majesty's service at Louisbourg, until the first Muster Rolls were made up and paid, the same amounting to £30,592 3s. 6d.; We have, at the desire of said committee, examined said account, and do certify that we find it well vouched, and that the expence was necessary for the preservation and defence of the place."
Signed, Peter Warren."
William Pepperell."
and some difficulties arising concerning the said attestation, the Secretary was directed to write to Admiral Warren, to desire his attendance at the Board on Thursday next, in order to have some discourse with him concerning the same.

The agent being further asked, from whence the several particulars, contained in the above-mentioned account, were taken, he said they were taken from the foot of the Muster Rolls, as were likewise the particulars of the Companies contained in the account laid before the Board; he likewise produced the following paper, which was read, viz.:—
A Muster Roll of the Company in his Majesty's service under the Command of Ephraim Baker, Captain.

Massachusets.

Which Muster Roll the said Ephraim Baker had for his own purpose brought over to England with him, where he now is; which Muster Roll contained forty-four men, and it appearing by the account laid before the Board, that the said Captain Baker's Company and several others had more men after the 30th of September, the time to which the first Muster Rolls were made up, than they had before, the agent was asked from whence that difference arose; and he said, that that difference arose from the several Companies, who had lost many men, being incorporated into others; and in order further to shew the care of the legislature of the province of the Massachusets Bay, that no man should be borne upon the Muster Roll until the day of entry into the service, he produced a copy of the Muster Roll of the Company under the command of Daniel Fogg, consisting of forty seven men, with the particular day of each man's entrance thereupon.

Being further asked concerning the care taken by the said province of the Massachusets Bay to prevent frauds in the payment of the men's wages and other articles, he produced the printed votes of the House of Representatives, and desired that a vote therein contained might be read, and the same was accordingly read, and is as follows, viz.:—
"Jovis 28 die Augustii, A.D. 1746. Post Meridiem."

"Whereas the Muster Roll of John Kingslaugh has been laid before the Committee of War, and oath has not been made thereto agreeable to the order of this Court, and the said Kingslaugh being at Louisbourg and the soldiers who are alive, and the representatives of those, who are dead, will be great sufferers, if payment be delayed untill said Roll can be sworn to; therefore voted, that the Committee of War be directed to pay off the said Roll to those persons, to whom it is respectively due, and that the soldiers, who are returned, be required to make oath as to the time they were in the service, and that the Captain's wages be detained in the hands of the Committee, until he shall lay before them a Muster Roll Sworn to, and the Chairman of the Committee is hereby empowered in this and other cases, where an oath shall be necessary in affairs that may lay before the Committee from time to time, to administer the same accordingly."—And then the agents withdrew.

Thursday, February 26. Present:—Lord Monson, Mr. Plumer, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.

Massachusets.

The Right Honourable Henry Fox, Esquire, his Majesty's Secretary at War, being present, and Admiral Warren attending, as desired by the minutes of Tuesday last, as also Mr. Bollan, agent for the province of the Massachusets Bay, they were called in, and the paper, entituled, Account of the Charge of maintaining his Majesty's Garrison at Louisbourg after the 10th of July, etc., as also the attestation, thereunto annexed, signed by Mr. Warren and Mr. Pepperell, mentioned in the preceding minutes, having been read, Mr. Warren was asked if he had examined the same from the 1st of February, the commencement thereof; he said, he had examined the whole, and the vouchers for the same from the beginning, and was persuaded of the justice thereof; being asked what those vouchers were, he said they were the Muster Rolls, and that though the accounts might not be regularly drawn up, they were just, and great frugality had been used in the affair; he further said that he had examined the whole account before the Board, and that he and General Pepperell had spent four days in doing it; he further said, that the reason why the aforesaid account attested by him and General Pepperell was dated only from the 10th of July, was, because they thought themselves authorized by a letter from the Duke of Newcastle to draw bills in favour of the province of the Massachusets Bay for so much of the expence contained therein, as had accrued after the reduction of Louisbourg; being further asked concerning certain warlike and other stores, mentioned in the account laid before the Board to have been transported to Louisbourgh for the service of the garrison, by order from him and General Pepperell, he said that a Committee of War having been appointed by the province of the Massachusets Bay for carrying on the affairs of the expedition, several orders were sent to them by him and General Pepperell for stores and other necessaries, and that they offered to draw Bills in favour of the province for the expences that accrued after the reduction of the place; that afterwards, they had employed Messrs. Apthorp and Sparrowhawk, private merchants, for the furnishing such stores and necessaries, and drew Bills for the payment thereof upon the proper officers here; but that the stores mentioned in the aforesaid account are those furnished by the Committee of War, and are antecedent to those furnished by Messrs. Apthorp and Sparrowhawk; but afterwards said, that some of them, he believed, were furnished by the Committee of War at the time of their employing the aforesaid merchants; and as a proof of their exactness in this particular, he said, that the vessels bringing down stores had particular accounts of what store they brought, which accounts were examined by him and the General; being asked if he had brought any of his vouchers with him, he said, he had not, not caring to bring with him any papers, as he came in a single ship; and then, as an evidence of the several articles contained in the Account of Stores, the agent laid before the Board the following account "An Account of the cost and charge of trans"porting warlike stores, for the service of your Majesty's garrison at Louisbourg, by order of Admiral Warren and General Pepperell"; which account was signed by a committee of the General Court of the said province, with the following attestation thereunto annexed, signed by Admiral Warren and General Pepperell, viz.:—

Massachusets.

"The foregoing stores and expences, for the service of his Majesty's forts and garrisons at Louisbourg, were supplied and paid at our request by the Committee of War of said province; and they having laid before us the foregoing account, amounting to £14,172 16s. 1d., upon examination, we find the same to be well vouched, and are satisfied the whole has been effected at as little expence as possible, and the said sum of £14,172 16s. 1d. appearing to be £1,293 10s. less than the amount of the total of the account of stores in the general account, the difference was found, upon examination, to arise from a mistake in the charge of powder, which is the third article of the said attested account, and is therein undercharged so much as the said deficiency amounts to"; the agent then produced a paper, which was read and is as follows, viz.:—
"An Account of the several sums paid by the Committee of the province of the Massachusets Bay to the officers and soldiers that continued in his Majesty's garrison at Louisbourg, until they were discharged by his Majesty's order.
Signed:

and the same appearing to be attested, the following attestation, thereunto annexed, was read, viz.:—
"Province Massachusets Bay, Boston, 19th November, 1746."

"His Grace the Duke of Newcastle having, by his letter of the 10th of August, 1745, been pleased to direct that, until a regular establishment should be made at Louisbourg, bills should be drawn upon the Paymaster General of his Majesty's Forces, the Treasurer of the Navy or the Treasurer of the Ordnance, for such sums as should be expended relative to those several offices; and the forces employed for the reduction of the place having been continued there, or new recruits raised for the preservation and defence thereof, a committee of the province aforesaid, have laid before us the foregoing account of the sums paid to the officers and soldiers according to the Muster Rolls referred to; and we have examined said account, and do, at the desire of said Committee, certify that we find it well vouched, and are of opinion that the expence was necessary for the preservation and defence of the place, the whole sum amounting to £72,650 17s. 11d.
Signed, P. Warren.
William Pepperell."
And the same appearing to be part of the general account laid before the Board, was examined therewith, and was found to contain all the articles charged under that head in the general account, saving some immaterial differences, and moreover several particulars not charged under that head in the general account. It further appeared, that in the above-mentioned attested account, the dates of the commencement of several of the Companies stated therein, were antecedent to the 30th of September, the time of the first Muster Rolls being made up; and the agent being asked concerning such differences, he said, that several Companies were raised after the first embarkation, divers of which Companies might not arrive at Louisbourg before the 31st [sic] of September, the time to which the first Muster Rolls were made up; he believed, they were not intended, neither could they be included in the first account; and in order to explain this matter, he likewise said that to the best of his remembrance the number of men first raised were three thousand, five hundred and one, officers included; but a reinforcement being judged necessary six hundred and seventy, or thereabouts, were raised afterwards— that after the place was reduced, several men wanted to come home, and that others were raised from time to time for the exchange of them—and it being said, that as those men were exchanged, that could make no difference. Mr. Warren acquainted the Board, that no men were permitted to leave the place on account of a sickness, and an alarm of some French ships coming into those parts.

The agent then asked Admiral Warren, if the several vessels stated in the account laid before the Board, were employed in the service. Mr. Warren said, that he very well remembered the armed vessels, but could not be so particular as to the number of transports, but believed them to be there [? three]; and being further asked concerning the time of the several armed vessels' continuance in the service, he said, that his account agreed exactly with the account laid before the Board; the agent further asked him concerning the price of powder, and he said, he could not exactly tell, but that he had offered at New York twenty-five pounds their money per barrel for powder for his Majesty's service, exchange there being at the rate of 165 à 175 for £100 sterling, but could not obtain it. The agent further asked him concerning the cloathing of the troops; to which he said, that the troops had no cloathing allowed them, but that cloathing was sent for; being asked whether the troops were well clothed at first setting out, he said, that when he saw them at Cançeau, they were well cloathed, but they were reduced at last almost naked, through the hard service and fatigue they underwent.

The agent then laid before the Board an account of the weekly allowance of provisions to the forces in the service of the province of the Massachusets Bay.
Signed, J. Wheelwright, Commissary General.
which paper was read; and being shewed to Mr. Warren, he said, he believed the same to be true, and that the several articles were at a very reasonable price; and being asked concerning the reasonableness of the allowance to each man he said, he was not a judge thereof; and being further asked concerning the character of Mr. Wheelwright, who signed the above account, he said, he was a man of very good character. The agent then laid before the Board a paper, entituled, "An Account of the Expences of the Province of the Massachusets Bay arisen from the Expedition against Cape Breton, and for the Defence and Security of Louisbourg after its Reduction to his Majesty's Obedience, attested upon Oath by John Wheelwright, Commissary General of the Province of the Massachusets Bay, and certified under the hand of William Shirley, Esquire, Governor of that Province," and the sum totals of the said account not appearing to agree with the totals of the account laid before the Board, the agent was asked concerning such difference, and he said, that such difference arose from some clerical mistakes in the addition of the several sums; whereupon the Clerk of the Reports was directed to examine and compare the said two accounts with the agent, and to report to the Board at their next meeting the several particulars, in which the said accounts differed; and then the agents withdrew.