Journal, May 1748: Volume 56

Journal, May 1748

Tuesday, May 3. Present:—Mr. Plumer, Mr. Leveson Gower, Mr. Grenville, Mr. Herbert.

New York.

Read a letter from Mr. Clinton, Governor of New York, dated the 10th of November, 1747, complaining of the proceedings of the faction there, and of the conduct of Mr. De Lancey, the Chief Justice, and inclosing:—
A message from Mr. Clinton to the General Assembly of that province, the 13th of October, 1747.
Printed votes and proceedings of the Assembly of that province, from 29th of September to the 5th November, 1747.

Jamaica.

Read a letter from Mr. Trelawney, Governor of Jamaica, to the Board, dated at Fort St. Louis on Hispaniola, the 12th March, 1747–8, giving an account of the taking of that place by Admiral Knowles, and inclosing:—
Copy of the articles of agreement between Admiral Knowles and the Governor of Fort St. Louis, dated 8/19 March, 1747–8.
Remarks on Fort St. Louis, taken by Admiral Knowles, 8th March, 1747–8.

New Hampshire.

Read a letter from Mr. Wentworth, Governor of New Hampshire, to the Board, dated the 8th of November, 1747, complaining of the Assembly's encroachments upon the prerogative of the Crown, and giving an account of what has been done with respect to Fort Dummer, and inclosing an extract of a letter from Mr. Shirley upon that subject.

Plantations General.

Ordered that the draughts of letters, in answer to such as have been received from the respective Governors in America, be prepared, and laid before the Board.

Bermuda.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 26th of March, 1748, referring to this Board an address to his Majesty from the Assembly of the Island of Bermuda, praying that his Majesty's 26th instruction to his Governor, recommending to them to allow him £100 per annum in lieu of the licences for the whale fishery, may be removed, and directing this Board to consider and report their opinion thereupon; and their lordships agreed to take the same into consideration, as soon as conveniently might be, and gave directions that, in the meantime, examination be made into the books of this office for what relates to the whale fishery of those Islands, and that a state thereof be laid before the Board, pursuant to the minutes of the 10th of March.

Tuesday, May 10. Present:—Mr. Plumer, Mr. Leveson Gower, Lord Dupplin, Mr. Fane.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office, from Midsummer to Michaelmas, 1747, amounting in the whole to two hundred, forty nine pounds, one shilling and twopence, 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.

Barbados.

Santa Lucia.

Read the memorial of Dominick Lynch, of Barbados, to this Board, relating to the settlements made by the French upon the Islands of Santa Lucia and Dominica, and desiring their lordships would represent the same to his Majesty's Secretary of State.

Massachusets.

Read two letters from Mr. Shirley, Governor of the Massachusets Bay, the one dated the 1st of December, 1747, containing an account of a riot, which lately happened in that province, on account of Admiral Knowles having impressed some men out of the trading ships in the harbour of Boston; the other dated the 6th of February, 1747–8, containing a recapitulation of several matters, upon which he had before wrote to their lordships, but apprehends his letters miscarried, and inclosing:—
An Act to prevent all traiterous correspondence with his Majesty's enemies.

Bahama.

Read a letter from Mr. Tinker, Governor of the Bahama Islands, to the Secretary, dated the 8th of February, 1747–8, relating to the success of their privateers and the want of a station ship.

Wednesday, May 11. Present:—Mr. Plumer, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

North Carolina.

Mr. McCulloch, agent for the petitioners against an Act, passed in North Carolina in 1746, for ascertaining the Number of the Members of the Assembly, and Mr. Joshua Sharpe, employed to support the said Act, attending, as appointed by the minutes of the 27th of April; and the Order of the Lords of the Committee of Council, referring the said petition, as also the abovementioned Act having been read, Mr. McCulloch presented a paper, entituled:—
Observations in relation to a pretended Act of Assembly, passed at Wilmington in North Carolina, November, 1746, entituled an Act for ascertaining the Number of Members etc.,
containing his reasons against the said Act; and the said paper having been read, Mr. McCulloch desired that the 4th clause of the charter, granted by King Charles the second in the 17th year of his reign to the Lords Proprietors of Carolina, might be read, in order to shew that all laws ought to be made with the approbation and consent of the freemen of the said province or a majority of them, and the same was accordingly read;—and further to shew that the said law was not passed conformable to the king's instructions, Mr. McCulloch desired that the 22nd article of his Majesty's instructions to his Governor of the said province in the year 1733, whereby he is directed not to pass any Act of an unusual or extraordinary nature without a suspending clause, might be read, as also the 2nd clause of his Majesty's commission to the said Governor, directing him to do all things agreeable to his commission and instructions; and the same were accordingly read; and then as evidence that there was not a majority of the Assembly present at the passing of the said law, Mr. McCulloch produced the minutes of the Assembly, held at Wilmington in November, 1746, and desired that a person present might give evidence upon oath, that the said paper was taken from the records of the said province; whereupon Mr. Joshua Sharpe objected to said minutes of Assembly being given in evidence, not having the seal of the province affixed thereto, agreeable to the Governor's instructions upon that head; and insisting upon his objection, Mr. McCulloch desired that an Order might be sent to the Governor of the said province to transmit all the necessary evidence in this matter under the seal of the province; whereupon both parties were ordered to withdraw, and being again called in, and their lordships desiring Mr. McCulloch to acquaint them what evidence he thought necessary to be transmitted over upon this occasion, the evidence required by him was as follows, viz.:—
Minutes of the Assembly in November, 1746, with the names of such members as were present at their first meeting, as also the names of such as were sworn in afterwards, and the whole number present during the continuance of that session—The Governor to admit and send over under the seal all evidence that it was the constant and uninterrupted practice of that province, that a majority of the Assembly should be present before any business was proceeded upon— Any writs issued by the Governor for the calling an Assembly before the year 1736—The Order of the Palatines' Court in the year 1696, and the Acts constituting Tyrrel and Berite counties.

And the parties being withdrawn, the Board agreed to take the same into their further consideration on Friday sen'night.

Nevis.

Read Mr. Lamb's report upon three Acts, passed in the Island of Nevis in June, 1747, dated the 27th of February, 1747–8; and the said Acts having been read and considered, no objection appeared against the same.

Friday, May 20. Present:—Mr. Pitt, Mr. Leveson Gower, Lord Dupplin.

North Carolina.

The Board took into consideration the petition of the inhabitants of several counties in North Carolina against an Act, passed there in 1746, relating to the members of the Assembly, mentioned in the minutes of the 11th instant, and ordered the draught of a report to the Lords of the Committee of Council to be prepared, proposing that directions should be sent to the Governor of the said Province to transmit the evidence desired by Mr. McCulloch, solicitor for the said petition, mentioned in the said minutes, and also all other evidence relative to this affair, which he should think proper; and that in the meantime a state of the case of the Assembly of the said province, so far as relates to this law, be prepared, in order to be sent to the Attorney and Solicitor General, for their opinion thereupon.

Bermuda.

Their lordships likewise took into consideration the address of the Assembly of the Islands of Bermuda, relating to the whale fishery, referred by Order of the Lords of the Committee of Council, mentioned in the minutes of the 3rd instant; and a state of the case of the whale fishery having been prepared, pursuant to the directions of the said minutes, was laid before the Board, and the Secretary was directed to write to Mr. Noden, agent for the said Islands, to desire his attendance on Tuesday next, betwixt eleven and twelve o'clock, upon the subject of the said address.

Pennsylvania.

Read an Order of Council, dated the 12th instant, signifying his Majesty's approbation of James Hamilton, Esquire, to be Deputy Governor of Pennsylvania and the counties of Newcastle, Kent and Sussex; and directing this Board to take care that security be given for his due observance of the Acts of Trade, and to prepare a draught of the usual instructions to the Proprietarys upon this occasion; and Mr. Paris, agent for the said Proprietarys, attending, presented a declaration under their hands and seals to save the right of the Crown to the three lower counties upon Delaware River; as also a memorial proposing David Barclay, of Cheapside, and William Anderson, of St. Mary Axe, London, merchants, to be securities for the said Deputy Governor. Whereupon their lordships gave directions that the draught of a bond should be prepared, to be entered into by the said securities, and transmitted to Mr. Lamb, for his opinion thereupon, and what alterations may be necessary to be made on account of any Acts of Trade, passed since the last appointment of a Deputy Governor, and that in the meantime a draught of the usual instructions thereupon be prepared.

Read an Order of the Lords of the Committee of Council, dated the 14th of May, 1748, referring to this Board twelve Acts, passed in the province of Pennsylvania, in the years 1744, 1745, 1746 and 1747.

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

Massachusets.

Their lordships took into consideration the memorial of Mr. James Woodside, relating to a garrison in Casco Bay, referred by an Order of the Committee of Council, dated the 8th of February, 1744–5, as also a letter from Mr. Shirley, Governor of the province of the Massachusets Bay, in answer to one wrote to him upon the subject of the said memorial, and ordered the draught of a report thereupon to be prepared.

Newfoundland.

Their lordships likewise took into consideration a letter from Mr. Hamilton, Lieutenant Governor of Placentia, in Newfoundland, relating to the failure of civil justice there, referred by Order of the Committee of Council, mentioned in the minutes of the 6th of April, and ordered the draught of a report thereupon to be prepared, as also the draught of a letter to Mr. Hamilton, in answer to his abovementioned letter.

Leeward Islands.

Their lordships further took into consideration the state of his Majesty's Council in the Island of St. Christophers, as also the Governor's letter upon that subject, dated the 16th of October, 1747, and ordered draughts of representations to their Excellencies the Lord Justices to be prepared, proposing William Mathew Burt, James Verchild and Ralph Payne, Esquires, to be of the said Council, in the room of the Reverend Walter Thomas, Joseph Estridge, and John Douglass, Esquires, deceased, as also Richard Rowland, Esquire, and the Reverend Andrew Perrot, in the room of Mathew Mills and Daniel Cunningham, Esquires, who have, contrary to his Majesty's instructions, been absent from their seats in Council beyond the time limited by the said instructions, without his Majesty's licence.

Antigua.

Read Mr. Lamb's report upon an Act, passed in the Island of Antigua in 1746, to prevent the increase of Papists, and the said Act, together with Mr. Mathews' letter, dated the 6th of November, 1746, containing his observations thereupon, were laid before the Board and agreed to be considered at another opportunity.

South Carolina.

Their lordships took into consideration a letter from Mr. Glen, Governor of South Carolina, dated the 19th of January, 1747, mentioned in the minutes of the 17th of March last, referring to Colonel Vanderdussen for an account of the state of affairs in that province, and directed the Secretary to write to Colonel Vanderdussen to desire his attendance at the Board on Wednesday next, upon the subject of the said letter, and that the draught of a letter in answer thereto, and the several letters received from the Governor since the Board's last letter, be prepared.

Tuesday, May 24. Present:—Mr. Pitt, Mr. Leveson Gower, Lord Dupplin, Mr. Grenville.

Bermuda.

Mr. Noden, agent for the Islands of Bermuda, attending, as desired, their lordships had some discourse with him upon the subject of the address of the Assembly of those Islands, relating to the whale fishery, mentioned in the preceding minutes; whereupon he acquainted them that he was informed that when the whale fishery of the Bermuda Islands was appropriated to the support of the Governor, the Crown then allowed him five hundred pounds per annum, and upon that occasion one hundred pounds thereof was taken away, but that he could not ascertain this fact, not having had an opportunity of examining into the proper offices for that purpose; and being asked how the profits of the whale fishery had arisen to the governors, before it was laid open, and what it might amount to, he said that he remembered that in Governor Bennet's time there were two companies erected, one for the fishery at the East end, and the other at the West end of the Island, and that the Governor granted licences to these companies for such fishery, they allowing him one-third thereof free of all charges, but that he did not believe that the profits of such licences could amount to one hundred pounds a year: that this practice of granting licences continued till the year 1729, when upon a proposal from Mr. Coram, the whale fisheries in the Plantations were laid open, and an instruction was given to the Governor of the Bermudas to recommend to the Assembly the allowing him one hundred pounds a year in lieu of the licences, which had been paid to the then governor and to Mr. Alured Popple, who succeeded him, out of the publick Treasury; and Mr. Noden being withdrawn, their lordships ordered the draught of a report to the Lords of the Committee of Council upon the abovementioned address to be prepared.

The following representations of the Lords Justices, ordered to be prepared by the preceding minutes, were agreed to and signed.
St. Christophers.
Representation proposing William Mathew Burt, James Verchild and Ralph Payne, Esquires, to be of the Council of the Island of St. Christophers, in the room of the Reverend Walter Thomas, Joseph Estridge and John Douglass, Esquire, deceased.
Representation proposing Richard Rowland, Esquire, and the Reverend Andrew Perrot to be of the Council of St. Christophers, in the room of Mathew Mills and Daniel Cunningham, Esquires, who have, contrary to his Majesty's instructions, been absent from their seats in the Council beyond the time limited by the said instructions, without his Majesty's licence.

The following reports to the Right Honourable the Lords of the Committee of Council for Plantation Affairs, ordered to be prepared by the said minutes, were agreed to and signed.
North Carolina.
Report upon the petition of the inhabitants of several of the Northern counties in the province of North Carolina, complaining of an Act, passed there in 1746, for ascertaining the Number of the Members of the Assembly, etc., proposing that the Governor should be directed to send over the necessary evidence in this affair in order for the Board's further report thereupon.
New England.
Report upon the memorial of James Woodside, relating to a garrison house built by him at the head of Casco Bay in New England.
Newfoundland.
Report upon the letter from Mr. Hamilton, Lieutenant Governor of Placentia, relating to the failure of civil justice there, and the draught of a letter to him, in answer thereto, having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to, transcribed and signed.

Nova Scotia.

The draught of a letter to Lieutenant Colonel Mascarene, President of the Council and Commander in Chief of Nova Scotia, in answer to several received from him, was laid before the Board, agreed to, transcribed and signed, and directions were given that heads of enquiry, relative to that Government, should be prepared, in order to be transmitted therewith.

Wednesday, May 25. Present:—Mr. Pitt, Mr. Leveson Gower, Lord Dupplin.

South Carolina.

Colonel Vanderdussen attending, as desired, upon the subject of Mr. Glen's letter, relating to the present state of the province of South Carolina, their lordships had some discourse with him concerning the situation of the Indians bordering upon that province and other points contained in the Governor's said letter; whereupon he acquainted them that the Choctaw Nation of Indians, which consists of about seventy towns and between 6 and 7000 fighting men, and is the most powerful of all the Indians, and usually in the French interest, had entered into a Treaty of Peace and Commerce with the Governor, and had sent their king's brother down to Charles Town for that purpose; that thereupon the French had killed their king, which induced them to enter into war with them; that in general all the nations of Indians were well inclined, and that the Governor had made up a dispute between the Catabaws, a small but warlike nation, and the Cherokees, which had been occasioned by the intrigues of the French: that the last mentioned nation had proposed that a fort might be built in their country, and that they had offered to assist in taking the forts Halbama and Tombecbay, built by the French amongst the Indians, but that he believed this would not be carried into execution on account of the prospect of a peace; that the situation of their Indian affairs had induced the government here to allow them and the colony of Georgia three thousand pounds annually for presents to the Indians, which was to be distributed by the Governor, Council and Assembly, and one of the Trustees for Georgia; and being asked concerning the productions of indigo and sessamum seed, mentioned in the Governor's letter, he said that those commodities had been attempted with success, and were likely to turn to account, and that he believed the bounty given by Parliament upon indigo would greatly encourage the planters in the cultivation of it, and that they had a great deal of soil proper for its production;—that the low price of rice, which was before their principal staple commodity, had induced them to try these experiments; that the importation of slaves had been greatly interrupted by an Act, passed there some years ago, laying a duty upon them, but that the Act had expired or was near it: that the apprehensions of the war had occasioned several planters to remove northwards with their negroes, that others were going, but that a stop had been put to it; that the inhabitants had likewise got into a practice of making a coarse kind of woollen manufactures, but soon dropt it, and he did not apprehend that in time of peace anything of that sort would be carried on;—and being asked if any provision was made by the province for the settling foreign protestants, he said that such a provision was made by a duty upon rum, but he could not tell what it might amount to, that in consequence thereof, many townships had been settled by persons from Pennsylvania and the northern parts of Virginia, but the township settled by Purry was broke up, and very few inhabitants remained: That very little land remained ungranted near the settled part of the province, but that there were large tracts ungranted up in the mountains;—and being further asked his opinion concerning a paper currency in the province of South Carolina, he said he did apprehend that some paper money was absolutely necessary to be current, but what sum he could not pretend to say; he likewise gave an account of the state of the Council, with the names of such as are absent or did not attend, and further acquainted their lordships that the Governor, two or three years ago, passed an Act or Resolution for making the Assembly annual, which had been before triennial, and that at the last election there were four returns made by the parish officers only, there being no elector, occasioned by their not caring to give themselves the trouble of attending elections so frequently, that twice or thrice the Governor had been obliged to issue new writs for want of a sufficient number of members (nineteen being a quorum) occasioned by many persons of property and figure declining to attend, on account of the inexperience or incapacity of the members usually elected, and that the Governor and Council had a power of adding new members.

Jamaica.

Their lordships took into consideration the state of his Majesty's Councils in the plantations, and it appearing that Colin Campbell, Esquire, one of his Majesty's Council in the Island of Jamaica, who has been absent above two years without his Majesty's licence, had not, in compliance with the Board's letter to the absent Councillors, mentioned in the minutes of the 6th of August last, produced such licence of absence or signified his intention of returning to that Island, their lordships gave directions for preparing the draught of a representation to the Lords Justices, recommending Charles Dawes, Esquire, to be of the said Council of Jamaica, in his room—and that letters to the same effect as the abovementioned, should be wrote to Robert Halton and James Murray, Esquires, two of the Council in the province of North Carolina, who had been absent some years without leave.

Leeward Islands.

Their lordships at the same time took into further consideration a letter from General Mathew, Governor of the Leeward Islands, mentioned in the minutes of the 20th instant, relating to the state of the respective Councils in those Islands, and the secretary was directed to write to Mr. John Sharpe, to whom the Governor refers in the said letter, for his reasons for the suspension of Mr. Jessop and Mr. White, two of the Council in the island of St. Christophers, to desire his attendance upon that subjects on Friday morning next, as also to Mr. Jessop and to Mr. White, if in England, to attend the same time; and it appearing that Richard Holmes, Esquire, another of his Majesty's Council in that Island, had resided here in England sometime, the Secretary was further directed to write to him, to produce his Majesty's licence for such absence, or to signify to their lordships whether he had any intentions of returning, and how soon.

Antigua.

Their lordships likewise ordered a letter to be wrote to George Thomas, Esquire, late Lieutenant Governor of Pennsylvania, and one of his Majesty's Council in the Island of Antigua, resident here, desiring to know whether he has any intentions of returning to that Island.

Thursday, May 26. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

Nova Scotia.

Their lordships took into consideration a draught of heads of enquiry for Paul Mascarene, Esquire, Commander in Chief of Nova Scotia, ordered to be prepared by the minutes of the 24th, and the same were agreed to and ordered to be transcribed.

Jamaica.

The draught of a representation to the Lords Justices, proposing Charles Dawes, Esquire, to be of the Council of Jamaica, in the room of Colin Campbell, who had not produced his licence of absence, pursuant to the Board's letter, mentioned in the preceding minute, was laid before the Board, agreed to, transcribed and signed.

New York.

Read Mr. Lamb's report, dated the 6th of April, 1748, upon 22 Acts, passed in New York, from the 16th of June, 1746, to the end of April, 1747; the said Acts were ordered to lye by to be considered at another opportunity.

Friday, May 27. Present:—Mr. Pitt, Mr. Grenville, Mr. Leveson Gower, Lord Dupplin.

Leeward Islands.

Mr. John Sharpe attending, as desired, laid before the Board two depositions, signed William Wyke, James Farril, as also one extract from a letter, dated at Montserrat, July 20th, 1744, from William Fenton, Esquire, to William Pym Burt, Esquire, of St. Christophers, as the reasons for Mr. Mathew's having suspended Mr. Jessop from the seat in the Council of St. Christophers; and their lordships being informed that Mr. Jessop, who had been wrote to, to attend upon this occasion, was not in town, a letter was ordered to be wrote to him, to attend the Board on Tuesday the 7th of June next; at the same time Mr. Sharpe acquainted their lordships that he would, as soon as conveniently he could, lay before them the reasons transmitted to him by Mr. Mathew, for the suspension of Mr. White, another of the Council of the said Island of St. Christophers, mentioned in the minutes of the 25th instant; and being withdrawn, their lordships took into further consideration the state of his Majesty's Council in the said Island, and ordered the draught of a representation to the Lords Justices to be prepared, recommending Gilbert Fane Fleming and George Leigh, Esquires, to be of the Council of that Island, in the room of Charles Dunbar, Esquire, who resides at Antigua, and to complete the number of the said Council to twelve.

South Carolina.

Read a letter from Mr. Hammerton, one of the Council of the province of South Carolina, to Mr. Hill, dated the 19th May, 1748, acquainting him, that he intends to return to that province by Michaelmas next, and that in the mean time he had applied for a licence for his absence during that time.

New Hampshire.

Read Mr. Lamb's report, dated the 17th March, 1747–8, upon eleven Acts, passed in New Hampshire, from the 12th February, 1744, to the 12th July, 1746, and agreed to consider the same at another opportunity.

Saturday, May 28. Present:—Mr. Pitt, Mr. Grenville, Mr. Leveson Gower, Lord Dupplin.

Bahamas.

Read a letter from Mr. Tinker, Governor of the Bahamas, dated the 26th of January, 1747–8, promising a full answer in writing to the Board's general queries, by the first opportunity.

Ordered that the draught of a letter, in answer to the above, be prepared.

New Jersey.

Read Mr. Lamb's report, dated the 26th of February, 1747–8, upon four Acts, passed in the province of New Jersey, in June and November, 1746, and in May, 1747.

St. Christophers.

The draught of a representation to the Lords Justices, proposing Gilbert Fane Fleming and George Leigh, Esquires, to be of the Council in the Island of St. Christophers, in the room of Charles Dunbar, Esquire, who resides at Antigua, and to complete the number of the said Council to twelve, having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to, transcribed and signed.

South Carolina.

Their Lordships took into consideration the draught of a letter to James Glen, Esquire, Governor of the province of South Carolina, ordered to be prepared by the minutes of the 20th instant, and the same was agreed to and ordered to be transcribed.