Journals of the Board of Trade and Plantations: Volume 8, January 1742 - December 1749. Originally published by His Majesty's Stationery Office, London, 1931.
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Journal, January 1749
Tuesday, January 10. Present:—The Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane.
A new commission under the Great Seal, bearing date the 30th of December last, appointing George Dunk, Earl of Halifax, Robert Herbert, John Pitt, Baptist Leveson Gower, James Grenville, Esquires, Thomas Hay, Esquire, commonly called Lord Viscount Dupplin, and Francis Fane, Esquire, together with Sir Thomas Robinson, Knight of the Bath (in the room of Richard Plumer, Esquire, who has resigned), Commissioners for promoting the Trade of this Kingdom, and for inspecting and improving his Majesty's Plantations in America and elsewhere, was opened and read.
Read a letter from James Abercromby, Esquire, dated the 10th of January, 1748–9, acquainting the Board, that the legislature of the province of North Carolina have appointed him their agent in Great Britain, and inclosing the extract of a letter from Mr. Johnston, Governor of that province, relating to the difficulties he is under in his correspondence with the several offices.
The draught of a report to the Right Honourable the Lords Commissioners of his Majesty's Treasury, upon the petition of the Royal African Company of England for the payment of ten thousand pounds, which the Honourable House of Commons addressed his Majesty to issue to the said Company in 1745, as also upon the petition of Mr. David Crichton, praying to be reimbursed several sums expended by him for the service of the African Company upon the coast of Africa out of the said ten thousand pounds, having been prepared, pursuant to the minutes of the 21st of December last, was laid before the Board, agreed to and ordered to be transcribed.
Thursday, January 12. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin, Mr. Fane.
Read a letter from Lieutenant Colonel Mascarene, President of
the Council and Commander in Chief of Nova Scotia, to the Board,
dated at Annapolis Royal, the 17th of October, 1748, relating to
the present state of that province, and inclosing the following
publick papers, viz.:—
Lieutenant Colonel Paul Mascarene's answers to queries sent him by the Lord Commissioners of Trade.
Extract of letters from Lieutenant Colonel Mascarene to the Lords Commissioners of Trade, from the 27th of March, 1740.
A draught of the upper part of the Bay of Fundy, with explanations and observations on the land, it's produce, and number of French inhabitants of Nova Scotia.
Ordered that a copy of the aforementioned letter from Mr. Masacarene be made, to be laid before his Grace the Duke of Bedford, one of his Majesty's principal Secretaries of State, and that the draught of a letter be prepared, to transmit the same.
Friday, January 13. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin.
The draught of a report to the Lords Commissioners of his Majesty's Treasury upon the petition of the Royal African Company and of Mr. David Crichton, relating to the ten thousand pounds, which the House of Commons addressed his Majesty to issue to the said Company in 1745, having been transcribed, pursuant to the minutes of the 10th instant, was laid before the Board and signed.
The draught of a letter to his Grace the Duke of Bedford, one of his Majesty's principal Secretaries of State, inclosing the copy of one from Mr. Mascarene, President of the Council and Commander in Chief of the province of Nova Scotia, having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to, transcribed and signed.
The Secretary laid before the Board a copy of the minutes of his Majesty's council of the Colony of New Jersey (in Assembly), from the 20th of August, 1747, to the 18th of February 1747–8, lately received from the agent of the said province.
Read a deposition of William Popple, Esquire, Governor of the Bermuda Islands, dated the 9th of August, 1748, relating to the proceedings on the trial of a Dutch ship in the Court of Admiralty there, and the disturbances on that occasion, particularly by the crews of two privateers, received with a letter from him, dated the 15th of August, 1748, a duplicate of which had been before received, and was read at the Board on the 7th of last month, but did not inclose this paper.
Tuesday, January 17. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.
Read a letter from his Grace the Duke of Bedford, dated the 14th of January 1748–9, desiring this Board to transmit to him copies of all papers in this office, proper to support his Majesty's right to the Islands of Tobago, Santa Lucia, and also Crown Point in North America, in opposition to any claims the French may pretend to have to those places, for the information of Mr. Yorke, who is speedily to be sent by his Majesty to the court of France.
Ordered that copies of all such papers, as relate to his Majesty's title to the Islands of Santa Lucia, Dominica, St. Vincent's and Tobago, and to the agreement with the French for the mutual evacuation of the three former, be prepared, as soon as possible, as also the draught of a letter to his Grace the Duke of Bedford, to acquaint him that the Board have given the necessary directions therein, and will prepare with all possible dispatch a state of his Majesty's title to Crown Point, in order to enable Mr. Yorke to assert his Majesty's right thereto, and a state thereof was accordingly ordered to be prepared and laid before the Board, as speedily as possible.
Read a letter from Sir William Gooch, Baronet, Lieutenant
Governor of Virginia, to the Board, dated at Williamsburg, the
2nd of November, 1748, mentioning the disputes betwixt the
Council and Assembly concerning the rebuilding of the Capitol,
and inclosing the following publick papers, viz.:—
Account of his Majesty's revenue of 2s. per hogshead arising within the Colony of Virginia, from the 25th of October, 1747, to the 25th of April, 1748.
Sir William Gooch's speech and the addresses of the Council and House of Burgesses, at the opening of the session of Assembly, the 27th of October, 1748.
Read the two following letters from the Honourable George
Clinton, Esquire, Governor of New York, viz.:—
Letter from Mr. Clinton to the Board, dated at Fort George, the 17th of October, 1748, relating to the Act of New Jersey for settling the boundaries betwixt the two provinces.
Letter from Mr. Clinton to the Board, dated the 10th of October, 1748, acquainting the Board with his having appointed Edward Holland, Esquire, to be of the Council, in the room of Philip Courtland, deceased, and desiring the Board would recommend him to his Majesty for confirmation.
Read a letter from Mr. Belcher, Governor of New Jersey, to the Board, dated at Perth Amboy, the 12th of November, 1748, acquainting them with his having sent all the publick papers relating to that government, and that he will continue to transmit them regularly, as opportunity offers.
Wednesday, January 18. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.
The draught of a letter to his Grace the Duke of Bedford, acquainting him that the Board has given the necessary directions for preparing copies of all such papers, as relate to the Islands of Tobago, Santa Lucia, etc., having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to, transcribed and signed.
The draught of a letter to Mr. Trelawney, Governor of Jamaica, upon the subject of several Acts, passed in that Island in 1747, having been prepared, pursuant to the minutes of the 22nd of December last, was laid before the Board, agreed to and ordered to be transcribed.
Application having been made to the Board, that James Emra, William Maynard and George Wyke, Esquires (the two former of which have been appointed of the Council of Nevis, and the latter of the Council of Montserrat by General Mathew, Governor of the Leeward Islands, to fill up the number of the said Councils to seven), might be recommended to his Majesty for his confirmation, and it appearing that these gentlemen had served in the said Councils for several years, their lordships ordered the draught of representations to his Majesty to be prepared, proposing their appointment.
Read a letter from Mr. Wentworth, Governor of New Hampshire, to the Board, dated the 28th of October, 1748, relating to
the present state of affairs in that province, and to his office of
Surveyor General of his Majesty's Woods in North America; and
transmitting the following publick papers, viz.:—
Vote of Assembly, April 10th, 1745, to make repairs on his Majesty's Fort William and Mary.
A grant of the Assembly for £250, December 12th, 1746, to make good the Governor's salary.
A grant of the Assembly for £250, 27th May, 1748, to supply deficiencies in the Governor's salary.
An account of payments made out of the Treasury for the defence of the frontiers of Merrimad, and to the westward thereof, ending 1747.
Captain John Goffe's affidavit about Fort Dummer and the protection of the frontiers to the westward of Merrimac, dated the 19th of November, 1747.
William Walker, serjeant under Captain John Goffe, his affidavit about Fort Dummer, and the protection of the frontiers to the westward of Merrimad, dated the 8th March, 1747–8.
The deposition of Thomas Packer, Esquire, dated November 8th, 1748.
Powder accounts, from the 25th March, 1745 to the 25th of March, 1748.
Eleven Naval office accounts, for Lady Day quarter, 1745, to Christmas, 1746, both inclusive.
Fourteen Naval Office lists for seven quarters, inwards and outwards, ending at Michaelmas, 1748, inclusive.
Thursday, January 19. Present:—Earl of Halifax, Mr. Leveson Gower, Mr. Grenville, Mr. Fane.
The draughts of two representations to his Majesty, proposing that James Emra, Esquire, appointed of the Council of the Island of Nevis, and George Wyke, Esquire, of the Council of Montserrat, by General Mathew, may be confirmed, having been prepared, pursuant to the preceding day's minutes, were laid before the Board, agreed to, transcribed and signed.
A list of papers relating to his Majesty's title to the Islands of Santa Lucia, Dominica, St. Vincent's and Tobago, and to the agreement with the French for the mutual evacuation of the three former, and their attempts to settle the same, contrary to such agreement, copy of which was ordered to be made by the minutes of the 17th instant, was laid before the Board, and the draught of a letter to his Grace the Duke of Bedford, for transmitting the said papers, was ordered to be prepared.
Read a letter from Paul Mascarene, Esquire, President of the Council and Commander in Chief of the province of Nova Scotia, to the Board, dated the 28th of October, 1748, inclosing the copy of a petition of the inhabitants of Menis to General Philips, in the year 1730, for liberty of having missionaries, and the enjoyment of their possessions, with his answer thereto; as also a like petition of the said inhabitants to Mr. Mascarene, for leave to send for missionaries, and relating to the nomination of a notary publick, with a minute of his Majesty's Council of that province thereupon, dated the 22nd of October, and the copy of a letter from the Bishop of Quebec to Mr. Mascarene, dated at Quebec, the 22nd of August, 1748, desiring leave to send two or three Romish priests amongst the inhabitants, and signifying his intentions of coming into that province, (with his leave), to confirm; upon which points Mr. Mascarene desires he may have early instructions.
Monday, January 23. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin, Mr. Fane.
The Board being informed that a Bill had been prepared in, and passed through the Council and Assembly of his Majesty's province of the Massachusets Bay, relative to the paper currency of the said province, and that the said Bill had been transmitted to Mr. Bollan, agent for the said province, their lordships ordered the Secretary to write to Mr. Bollan to desire his attendance at the Board to-morrow morning at eleven o'clock.
Read a second report from Mr. Lamb, upon an Act, passed in the province of South Carolina in 1746, for emitting £210,000 in Paper Bills of Credit, which had been referred to him to reconsider thereof, and their lordships, having agreed to take the said Act into consideration on Thursday next, directed the Secretary to write to Mr. Lamb, to desire his attendance thereupon on that day, at eleven o'clock in the morning.
Tuesday, January 24. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.
Mr. Bollan, agent for the province of the Massachusets Bay, attending, as had been desired, their lordships acquainted him that Mr. Shirley, Governor of the said province, having in a speech lately made by him to the Council and Assembly thereof informed them, that a Bill, which they had prepared and had passed through both Houses, and had been transmitted to him, the agent, relating to the calling in and sinking the Bills of Credit, had induced the government here to determine upon the method of reimbursing to the said province their expences in the Louisbourg expedition; and no such Bill having been laid before this Board, or as they were informed, before any other of his Majesty's ministers who had the direction of these matters, they thought proper to require of him some information with respect to the said Bill, and to acquaint him with the mischiefs and difficulties that might arise from the government's not being informed of the sense of the province upon an affair, the determination of which was now under consideration; whereupon Mr. Bollan informed their lordships, that the province of the Massachusets Bay having in February last come into measures with respect to the application of the money granted to them by Parliament, and the Speaker of the Assembly having drawn up a memorial with proposals to reduce the outstanding Bills by this money, and other sums to be borrowed for that purpose, the General Assembly appointed a committee of both Houses to consider thereof, who reported that these proposals were beneficial to the province, and a Bill, agreeable thereto, was accordingly ordered to be drawn, and persons were appointed, to join with the other provinces, who had engaged in the expedition, to consider in what manner to take up the whole paper credit; that he believed commissioners were sent for this purpose, but that some, or one, of the governments declined it; that this Bill was sent to him, with instructions containing (as he understood them) a discretionary power of either laying it or not laying it before the government, as he should judge proper; that he, not thinking the Bill compleat, and finding there was likely to be great difficulty in borrowing the money proposed thereby, did not care to lay the same before the government, but transmitted a state of the paper credit to the province, and desired positive orders about it, but the orders he received, in consequence thereof, do still leave it to his discretion; that as to what Mr. Shirley had asserted in his speech, he was mistaken, and he believes, never did receive such information as he mentioned, but might have been induced to go so far as he did, in order to strengthen and give credit to the proposals, and thereby engage persons disinclined to come into them; that this was a matter wherein property was greatly concerned, and if the transactions of the province thereupon were made publick, advantages might be made thereof by particular persons, prejudicial to the interests of the province; and therefore he did not think proper to lay them before the Board, but was very willing to communicate them to any member of the Board, or to any other of his Majesty's ministers, who had the direction of these matters.
Read a letter from his Grace the Duke of Bedford, dated the 23rd of January, 1748–9, signifying to the Board that complaints were made by several persons against Gabriel Johnston, Esquire, Governor of North Carolina, and that it is his Majesty's pleasure that the Board do require the attendance of the said persons, and report to him a state of the case, with their opinion thereupon.
Ordered that the Secretary do write to Messrs. Corbyn Morris, Daubuz and Child, as also to Mr. Abercromby, agent for the province of North Carolina, whose names are mentioned in the above letter, to desire their attendance at the Board to-morrow morning, at eleven o'clock.
Their lordships having agreed to take into consideration the state of the paper currency in the Plantations, ordered the Secretary to write to Mr. Alderman Baker and to Mr. Tomlinson, merchants of the city of London, to desire their attendance thereupon on Friday morning next, at eleven o'clock.
The draught of a representation to his Majesty proposing that William Maynard, Esquire, appointed of the Council in the Island of Nevis by General Mathew, may be confirmed, having been prepared, pursuant to the minutes of the 18th instant, was laid before the Board, agreed to, transcribed and signed.
Wednesday, January 25. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin, Mr. Fane.
Mr. Corbyn Morris and Mr. Child attending, as had been desired, upon complaints made by them to his Grace the Duke of Bedford against Gabriel Johnston, Governor of North Carolina, together with Mr. Abercromby, agent for that province, in behalf of the Governor; the letter from his Grace the Duke of Bedford, mentioned in the preceding minutes, was read; and Mr. Morris being asked what he had to offer with respect to any misconduct of the Governor in the administration of that government, he acquainted their lordships that he should submit what he had to offer with respect to the Governor's conduct under three heads: 1st, his contempt and disobedience of the Crown's orders, particularly in neglecting to correspond with the government. 2ndly, his passing Acts for issuing Bills of Credit without suspending clauses; and 3rdly, appointing suspected persons to offices of trust: That the first of these points would be proved by their lordships' office, whereby it would appear that he had never transmitted any accounts of the affairs of that government, nor although many depredations were made upon that coast during the war, had he sent any account thereof, nor any Acts passed there, or other publick papers, which by his instructions he is directed to do: that with respect to the second point it appeared by letter from some of the officers of the government there, that he had passed An Act, in April last, for issuing Bills of Credit, without a suspending clause, contrary to his instructions, by which means all credit in the said province was destroyed, and the merchants greatly prejudiced, but as he had neglected to transmit the records, this could not be any other ways proved, than by the letters he before mentioned: that with respect to the third point, Mr. Child, the Attorney General, who was present, would inform their lordships of the Governor having appointed one Mr. McGregor, who had been in the rebellion in the year 1715, a Justice of the Peace, when the late rebellion was carried on here, which said McGregor had twice refused to take the oaths to his Majesty's government, though he did at length take them.
Mr. Abercromby, agent in behalf of the Governor, said, that he never knew [an] accusation against a Governor introduced without some regular form, by which the Board might be able to judge and determine thereupon, and the party accused to make his defence, and therefore he desired that the complaints might be delivered in writing, and that he might have a copy thereof, in order to return an answer thereto.
Whereupon the parties were ordered to withdraw, and their lordships taking the same into consideration, agreed, pursuant to the Duke of Bedford's letter, to proceed upon such information as should be given to them by these persons now attending, and lay before his Grace a state of the case as it appeared to them; and the parties being called in, and Mr. Morris informed, that their lordships were ready to hear what he had further to offer, he said that in order to justify what he had alledged, and as a proof that it was not defamation, he should beg leave to ask Mr. Child some questions relative thereto; whereupon Mr. Child acquainted their lordships that he did not appear before them either as an evidence against or accuser of Mr. Johnston, but should readily, for their information, answer all such questions that should be asked him, as far as he knew of the matter; and being asked what he knew concerning Mr. McGregor, or the Governor's appointing him to any office of trust, he said that when he arrived in that province as Attorney General, it being in the time of the rebellion, he observed that a Captain McGregor, who he believed and heard was a captain of the militia, but could not tell, behaved in an extraordinary manner, and appeared much elated when any little success attended the rebels here, and therefore he thought proper, by virtue of his office, to tender him the oaths, which he twice refused, but at length took, and that he had heard that he was often with the Governor. He likewise acquainted their lordships that he had received a letter from a correspondent in the province, acquainting him that the Governor had passed an Act for issuing Bills of Credit; and being asked, whether the province was not in great confusion and irregularity, he said, that when he arrived there he found affairs in so confused a state and such disagreement amongst the people, that he determined not to stay there, and accordingly left it in less than a twelve month; that while he was there he heard complaints of injunctions being issued out of the Court of Chancery to stop the execution of judgments given by the Inferior Courts, and Courts of Chancery seldom held; for as the Council, who with the Governor composed the Courts of Chancery, lived in distant parts of the province, it was usual for such injunctions to be granted by the Governor upon petitions, as a court could not be soon got together, and that no Court of Chancery was held while he was there; that he likewise heard complaints of the Governor's not living at the seat of government, his house being a hundred miles distant, and that the publick officers were likewise at a great distance; and being asked by Mr. Abercromby, whether he had ever heard that the confusion in the affairs of the government was owing to any misconduct in the Governor, or whether it was not owing to the discontent of the inhabitants of the northern counties, he said that he had heard that the northern counties had shewn great discontent by being abridged by a late Act of that priviledge of sending five members to the Assembly.
Mr. Morris then informed their lordships that Mr. Daubuz (who had not attended, pursuant to a letter from the Secretary to him for that purpose), as also Messrs. Corbyn, MeCulloch, Arthaud, Joye and Townshend, could give their lordships further information with respect to the affairs of the province and the Governor's conduct therein, their lordships agreed to proceed further in the consideration of this affair to-morrow morning, and the Secretary was directed to write to the above gentlemen to desire their attendance at the Board, at eleven o'clock.
Ordered that the consideration of the Act, passed in South Carolina in 1746, for emitting the sum of £210,000 in Bills of Credit, appointed for to-morrow, be deferred till Tuesday next, and that the Secretary do acquaint Mr. Lamb therewith, and desire his attendance on that day, at eleven o'clock.
Read a letter from Mr. Grenville, Governor of Barbados, to the
Board, dated at Great Pilgrim, the 12th of December, 1748,
acquainting them with his Majesty's commission to him and a
proclamation for asserting his Majesty's right to the Island of
Tobago, having been published at that Island by Captain Sayer,
Commander of his Majesty's ship Richmond, and transmitting
the following publick papers, viz.:—
A copy of a letter from Captain Sayer, Commander of his Majesty's ship Richmond, to Henry Grenville, Esquire, Governor of Barbados, dated the 20th of November, 1748, relating to the Island of Tobago.
A list of the members of his Majesty's Council, certified the 10th of December, 1748.
An account of new negroes imported into Barbados, from the 14th of April, 1748, to the 14th of October following.
An account of powder collected in the publick magazine, from the 18th of February, 1747–8, to the 18th of August following.
Minutes of Council, from the 7th of June to the 12th of December, 1748.
Minutes of Assembly, from the 7th of June to the 16th of November, 1748.
Two Acts, passed at Barbados, the 5th of July, 1748.
Ordered that the said Acts be sent to Mr. Lamb, for his opinion thereon, in point of law.
Ordered that an extract of so much of the above letter from Mr. Grenville as relates to Tobago, and of that to him from Captain Sayer, therewith transmitted, be made, to be laid before the Duke of Bedford, one of his Majesty's principal Secretaries of State, and that the draught of a letter be prepared to transmit the same.
Thursday, January 26. Present:—Earl of Halifax, Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.
Mr. Morris attending, as also Messrs. Townshend, MeCulloch, Corbyn and Arthaud, with Mr. Abercromby, agent in behalf of Mr. Johnston, Governor of North Carolina, their lordships desired Mr. Morris would lay before them such further information, as he should think proper, with respect to the conduct of Mr. Johnston: whereupon he acquainted their lordships that he should proceed upon the three points he proposed yesterday, and some further proof that the Governor might justly be suspected of disaffection to his Majesty, as also such other collateral facts, as should appear from the information of gentlemen that were present. That with respect to the Governor's contempt of the Crown's orders, and as a proof of his disobeying them, he desired that an Act, passed by him, for abridging the northern counties of their priviledge of sending five representatives each to the Assembly, without a suspending clause, might be read, as also the 23rd article of his instructions, whereby he is directed not to pass Acts of an extraordinary nature without suspending clauses; whereupon the parties were ordered to withdraw; and it appearing to their lordships, that proceedings had been had at this Board upon a petition of the inhabitants of the said northern counties against the said Act, and complaining of the Governor's proceedings thereon, and that orders had been sent over to the Governor, in consequence of a representation of the Board upon this affair, to transmit all evidence relative thereto, and his answer to the complaints against him, their lordships agreed that it would not be proper that Mr. Morris should proceed upon this article, it being a matter already before the Board for their determination; and the parties being again called in, Mr. Morris was informed thereof, whereupon he desired Mr. Townshend would inform the Board what he knew concerning the present confusion in the affairs of the government of North Carolina, and whether he did not apprehend it arose from the Governor's misconduct; who said, that he had dealings in the province about three years ago, and carried on his correspondence through Boston or South Carolina, there being no direct trade thither: that the Colony was in great distress and confusion and scarce better than an asylum for fugitives, but he could not take upon him to say from whence that distress arose, but apprehended from the want of a regular government: that the debts of merchants, who had dealings there, were generally desperate, and no redress could be obtained, and that he believed if the province was in a state of regularity, a direct trade would be carried on thither; and in order to prove the Governor's having passed a Bill for issuing paper money, Mr. Corbyn produced a letter to him from Mr. Mosely, Baron of the Exchequer in North Carolina, dated the 13th September, 1748, acquainting him that a Bill had passed in that province in April last for a new emission of Bills of Credit proclamation money to exchange old Bills that are worn out, and granting £6000 for erecting forts in different parts of the province; whereupon Mr. Morris observed that this Act could not be passed with a suspending clause, for being to exchange old Bills, it was not likely that the possessors of such old Bills would give them up for Bills under a suspension, and that with respect to the forts, two or three persons under the Governor's influence took the money, and employing a few negroes to throw up a little ground by way of fort, charged the province with the Bills. Mr. MeCulloch likewise produced a letter from Mr. Anderson, Judge of the Admiralty, dated the 30th of June, 1748, acquainting him that a law had been passed in that province for £21,250 in Bills of Credit proclamation money, without a suspending clause, for exchanging the old Bills, erecting forts and contingencies of government, and that the commissioners were then stamping the Bills. Mr. Morris likewise informed their lordships that there had been a speech of the Governor's to the Assembly upon the occasion of passing this Bill, printed in the South Carolina newspapers, transmitted to the Carolina Coffee House, and seen by many gentlemen, but had since been taken off the file and secreted by some person. Mr. MeCulloch acquainted their lordships that in the year 1735, £40,000 in Bills of Credit, equal to £10,000 sterling, was emitted by the province, and that by the Act for emitting it, the interest was applied for sinking the Bills, but that in 1738 the legislature passed an Act for applying the interest to the payment of their own services. Mr. Morris then said, that with respect to the last article of the charge, their lordships were already informed of his appointing a suspected person to offices of trust, and he should now lay before them such information as could be obtained of the Governor's own disaffection; and he desired Mr. Daubuz would acquaint the Board with what passed betwixt him and the Governor, upon his carrying him the news of the defeat of the rebels at Culloden. Whereupon Mr. Daubuz said, that he was at Cork, when the news of the rebels' defeat was brought thither, that he soon after sailed for North Carolina, where he went on shore and acquainted the Governor therewith, who received it very coldly, and he happening to have a list of the rebel chiefs killed and taken prisoners, the Governor upon reading it, expressed a concern for them, as many of them being his acquaintances and school fellows: that he had several times been with the Governor before, on occasion of letters, which he brought to him from the offices here, and was always kindly received till this time. And although this was the first news of this event, there was not rejoicings made, which occasioned much surprise; and Mr. Daubuz being asked whether he had ever brought any letter from Governor Johnston to England, he said he never had, though it was usual with him to call upon the Governor a week or a fortnight before his ship sailed for that purpose. Then in order to prove the issuing injunctions upon judgments of the inferior courts, and not holding Courts of Chancery, Mr. Morris called upon Mr. Arthaud for an account thereof, who acquainted their lordships that he went to Carolina in the year 1739, and resided there until the year 1742, where he acted as an attorney, and had many causes in the Courts there, in most of which, as well as all other actions, injunctions were granted by the Governor as chancellor upon an application to him, and no Court of Chancery held for determining thereupon, and that there was great irregularity in entering up judgments by the clerk of the general Court, and none, or very imperfect, records kept; the issuing injunctions and not holding Courts of Chancery was confirmed by Mr. Corbyn and Mr. MeCulloch, who said that he remembered but three Courts held in seven years, and in order to shew their lordships how far injunctions had been carried, he acquainted them, that one Mr. Lithgow, a gentleman of credit in that country, having purchased a plantation from one Mr. Grey, on which plantation Roger Moore, one of the Council, was at the time of such sale cutting down timber and burning lightwood to make tar, Mr. Lithgow would not suffer Mr. Moore, after he had made the purchase, to carry off the tar, upon which Mr. Moore did it by force and threatened to sue Lithgow for barratry; afterwards Lithgow having determined to leave the province, in order to reside in New England for his health, and having accordingly disposed his affairs for that purpose, was embarked for his departure, when Roger Moore applied to Mr. Rice, Secretary of the province, and made oath that he intended to take out an action of £2,000 sterling against Lithgow and desired a warrant to seize him, which was granted him; and Mr. Lithgow was accordingly forcibly taken from the ship, on which he was embarked, whereupon he gave in bail the next Court of Assize and brought in a Bill of Indictment against Moore and Rice, who thereupon applied to the Governor to stop the proceedings, and he accordingly issued an injunction, and would not allow the matter to be tried.
Then Mr. Abercromby acquainted their lordships, that he had no answer to make to accusations so extreamly irregular, null of themselves, and unsupported with any evidence, but hoped their lordships would grant him a copy of the report they should make upon this affair; whereupon all parties were ordered to withdraw.
The several papers relating to his Majesty's title to the Islands of Santa Lucia, St. Vincent's, Dominica and Tobago were laid before the Board, and the draught of a letter to his Grace the Duke of Bedford, for transmitting the same, having been prepared, pursuant to the minutes of the 19th instant, was laid before the Board, agreed to, transcribed and signed.
The draught of a letter to his Grace the Duke of Bedford, one of his Majesty's principal Secretaries of State, inclosing the extract of one from Mr. Grenville, Governor of Barbados, as also the copy of one to him from Captain Sayer, commander of his Majesty's ship the Richmond, having been prepared, pursuant to the proceeding minutes, was laid before the Board, agreed to, transcribed and signed.
Friday, January 27. Present:—Earl of Halifax, Mr. Horatio Walpole, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane.
Mr. Alderman Baker and Mr. Tomlinson attending, as desired, their lordships took into consideration the draught of a Bill to regulate and restrain paper Bills of Credit in the British colonies and plantations in America, and to prevent the same being legal tenders in payments for money, and for the better enforcing his Majesty's orders and instructions throughout the said colonies and plantations; and after some time spent therein, agreed to consider further of the said Bill on Thursday next.
Tuesday, January 31. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville.
Mr. Lamb attending, as desired, their lordships had some conversation with him upon the subject of the Act, passed in the province of South Carolina in 1746, for emitting the sum of £210,000 in Bills of Credit; and being withdrawn, their lordships ordered the draught of a representation to his Majesty, proposing the repeal of the said Act, to be prepared.
The draught of a letter to Mr. Trelawney, Governor of Jamaica, upon several Acts, passed in that Island in 1747, having been transcribed, pursuant to the minutes of the 18th instant, was laid before the Board and signed.