Journal, May 1763: Volume 70

Journal, May 1763

fo. 132.

Tuesday, May 3. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Rice, Lord Orwell, Mr. Gascoyne.

North Carolina.

Virginia.

The draught of a report to the Lords of the Committee of Council for Plantation Affairs, upon the extract of a letter from the Governor of North Carolina concerning an alteration in his instructions, relative to the lands granted in 1737 to Murray Crimble and James Huey, having been prepared pursuant to order, was agreed to and ordered to be transcribed; as was also the draught of a letter to the Lieutenant Governor of Virginia, in answer to several received from him.

Plantations General.

Read a letter from William Bollan, Esquire, dated this day, signifying that being recovered from an illness that had confined him, he was ready to attend their lordships at any time upon the subject of the illicit trade in America.

fo. 133.

Ordered, that the Secretary do acquaint Mr. Bollan that, when the other business now before the Board will admit their entering into consideration of the subject he mentions, their lordships will be glad of his assistance, and, in the meantime shall be obliged to him if he will put down in writing what he has to offer upon the subject in general.

Georgia.

Read the following letters and papers received from the Governor of Georgia, viz.
Letter from James Wright, Esquire, Governor of Georgia, dated the 8th of November, 1762, respecting the behaviour of Mr. Grover, the Chief Justice, and his reasons for suspending him from his office, also transmitting,
The case of Wood and … against Ephraim Alexander, Samuel Pyles and Jos: …
Copy of a letter from the Governor of St. Augustine to Samuel Pyles. A.
Affidavit of Captain Thomas Goldsmith respecting the confinement of several soldiers.
A libel.
fo. 134.
Address of both Houses of Assembly to Governor Wright, desiring him to issue a proclamation offering a reward to any person who shall discover the author of a libel lately published there, and his answer thereto.
Minutes of Council held the 21st of September, 1762, respecting Mr. Grover's conduct.
Letter from Governor Wright, dated the 22nd of February, 1763, giving an account of the flourishing state of the province, and other affairs of government.

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

North Carolina.

Read the following letters and papers received from the Governor of North Carolina, viz.
Letter from Arthur Dobbs, Esquire, Governor of North Carolina, dated the 30th of April, 1762, acquainting the Board that he had dissolved the Assembly upon their refusal to grant an aid to his Majesty, and of his proceedings in consequence thereof.
fo. 135.
Letter from Governor Dobbs, dated the 23rd of February, 1763, acquainting the Board that the Supply Bill is near expiring, and desiring to be informed whether his Majesty intends leaving the appointment of the Treasurers to the General Assembly, recommending two gentlemen as proper to be of the Council in the room of Mr. Spaight, and transmitting,
Answer to two queries not before answered.
Governor Dobbs's speech to the Council and Assembly, congratulating them on the success of his Majesty's arms, and recommending the raising a tax to answer contingencies, etc.
Address of the Assembly in answer thereto.
Address of the Council in answer to Governor Dobbs's speech.
Mr. Dobbs's answer to the addresses of the Council and Assembly.
Message of the Assembly to Governor Dobbs respecting the troops raised in that province for his Majesty's service in 1760 and 1761.
Assembly's message to the Governor concerning the forts, etc.
fo. 136.
Message from the Assembly to Governor Dobbs, desiring his concurrence in requesting his Majesty's approbation of the Town of Newbern for the seat of government.
Treasurer's account of the ⅓ tax for the year 1760.
Treasurer's account for the year 1762.
Minutes of the Council Journals from 21st October, 1761, to the 1st of January, 1763.
Journal of the Assembly from November 3rd to December 11th, 1762.
Journal of Council in Assembly from the 3rd of November to the 11th of December, 1762.
Letter from Governor Dobbs, dated 7th of March, 1763, containing his observations upon several Acts, and transmitting,
Twenty eight Acts passed the 11th of December, 1762.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion upon them in point of law, as soon as conveniently may be.

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

fo. 137.

Georgia.

Read a memorial of Mr. Knox, agent for the Colony of Georgia, in behalf of Mr. Ottolenghi, Superintendent of the silk culture there, praying for an additional allowance in consideration of his instructing a proper person to succeed to the direction of that culture upon his death.

Ordered, that this memorial be taken into consideration on Friday next, and that notice be given to Mr. Knox, and also to Mr. Martyn, agent for the affairs of that colony, to attend.

Friday, May 6. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Georgia.

fo. 138.

North Carolina.

Their lordships took into consideration the memorial presented by Mr. Knox, agent for Georgia, in behalf of Mr. Ottolenghi, Superintendent of the silk culture in that colony; and Mr. Knox attending, as also Mr. Martyn, agent for the affairs of Georgia, they were called in; and their lordships having had some discourse with them upon this subject, they withdrew; and their lordships agreed to recommend it to the Governor to make such allowance as he should think proper to Mr. Ottolenghi, for instructing a person in the art of this culture, to succeed to the direction upon his death; and the draught of a letter to the Governor, in answer to several received from him, having been prepared, it was agreed to and ordered to be transcribed; as was also the draught of a letter to the Governor of North Carolina, in answer to several received from him.

Plantations General.

fo. 139.

Read a letter to Mr. Pownall from the Secretary to the Commissioners of the Customs, acquainting him that the Surveyors General of the Customs in America have no power by their Commission to appoint deputies, nor any authority from the Treasury or that Board for such appointments, excepting only when they have leave to come to England.

Ordered, that the Secretary do write to Mr. Wood, desiring to be informed, whether the Surveyor General of the Customs for the Northern District has leave to come to England.

Jamaica.

Their lordships took into consideration an Act passed in the Island of Jamaica in October, 1761, entituled, an Act to prevent the inconveniences arising from exorbitant grants and devises to negroes and the issue of negroes, etc. and it appearing that this Act might materially affect those gentlemen who have property in this island, it was ordered, that it should be taken into further consideration on Friday next, and that the Secretary should give notice thereof to the principal persons interested in the said island and to the agent.

fo. 140.

fo. 141.

Their lordships also took into consideration and Act passed in the said island in April, 1762, entituled, an Act to explain and amend two several Acts of this island, one intitled an Act for giving licence to the captors, other proprietors and purchasers of prize goods brought into and condemned as such in this island, to export the same under certain regulations free from any duties imposed by the laws of this island, and for laying a duty on certain wines that may be brought in and condemned as prize and sold in this island, and not already liable to any duty or impost; and the other an Act intitled an Act to prohibit the importation of sugars, rum and molasses of the growth of the French, Spanish, Dutch and Danish colonies in America into this island, and for preventing several frauds committed by persons trading to and from the northern colonies; and it appearing that the said Act was additional to other Acts of the like nature and purport, which had been repealed by his Majesty, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that this Act may also receive his Majesty's disapprobation.

Plantations General.

Read a letter from the Earl of Egremont, one of his Majesty's Principal Secretaries of State, dated the 5th of May, 1763, referring to this Board, by his Majesty's command, for their consideration and opinion, a great variety of points relative to the countrys ceded to Great Britain by the late Treaty of Peace in America and Africa, and inclosing,
Printed copy of the definitive Treaty of Peace between Great Britain, France and Spain concluded at Paris, the 10th of February, 1763.
King's Arrest of the 15th of March, 1752, directing the settling of the lands granted already within a certain time limited on pain of forfeiture.
Tariff of duties on imports and exports.
fo. 142.
Canada.
List of the Revenue Officers in Canada, the … 1758 with their salaries.
Ordnance current for 1 lb. 10s. French, or about 7½d. sterling.
Extract of a letter to Governor Murray giving some account of the Indian trade in the Upper Country.
Number of souls in the government of Quebec, 1761.
Quantity of furs exported in 1754, with the Quebec prices of the several species.
Quantity of furs exported in 1755, with the Quebec prices of the several species.
Imports and exports in 1754.
Copy of Governor Murray's report of the government of Quebec and dependencies thereof, June 5th, 1762.
Colonel Burton's report of the state of the government of Trois Riviéres in Canada, April, 1762.
fo. 143.
Copy of the Articles of Capitulation of Canada, the 8th of September, 1760.
Capitulation of Quebec, September the 18th, 1759.
Copy of a letter from General Gage to Sir Jeffery Amherst, Montreal, March 20th, 1762.
Return of the troops, artillery and ordnance of the government of Montreal, March 20th, 1762.
General return of the government of Montreal for the year 1761.
List and account of the trading posts in the Indian country, March the 20th, 1762.
Revenues of Canada, March the 20th, 1762.
Extract of a letter from Governor Gage to Sir Jeffery Amherst, dated Montreal, the 26th of April, 1762.
Martinique.
Copy of the Capitulation of the Citadel of Fort Royal in the Island of Martinique.
Copy of the Capitulation of several quarters of the Island of Martinique.
fo. 144.
Copy of the Capitulation of the Island of Martinique.
Duplicate of a letter from Governor Scott, dated Grenada, July 7th, 1762.
Plantations General.
Duplicate of a letter from Governor Worge to the Earl of Egremont, dated Senegal, January 11th, 1762.
Copy of a memorial of the Committee of the Company of Merchants trading to Africa to the Earl of Egremont.
Copy of the estimate of the expence that will probably attend the establishment of the forts and settlements in the River Senegal for one year.
Plan of forts and garrisons proposed for North America.
Hints relative to the division and government of the conquered and newly acquired countries in America.
Letter from the Earl of Egremont to the Board of Trade, dated May 5th, 1763.
fo. 145.
Copy of a Circular Letter to the Governors of Virginia, North Carolina, South Carolina, Georgia and Mr. John Stewart, agent for Indian Affairs in Southern District, dated March 16th, 1763.

Virginia.

North Carolina.

The draught of a letter to the Lieutenant Governor of Virginia, in answer to several received from him, having been transcribed pursuant to order, was signed, as was also a report to the Lords of the Committee of Council, upon the extract of a letter from the Governor of North Carolina, concerning an alteration of his instruction relative to the lands granted in 1737 to Murry Crimble and James Huey.

fo. 146.

Tuesday, May 10. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell.

Jamaica.

Read a letter from Lovell Stanhope, Esquire, agent for the Island of Jamaica, to Mr. Pownall, dated May the 9th, 1763, acquainting him that, if the Jamaica Act, which is appointed to be considered on Friday, is to be opposed, he cannot be prepared to be heard upon it that day.

Ordered, that the Secretary do write to the principal persons interested in the Island of Jamaica, to know whether they have any objection to the Act, and to signify to them that, if they have, the Board will appoint some other day for the consideration of this affair, and shall be obliged to them in the meantime for those objections in writing.

fo. 147.

Plantations General.

Read a letter from the Secretary to the Commissioners of the Customs, to Mr. Pownall, dated May 9th, 1763, acquainting him that the Surveyor General of the Customs in North America has not leave to come to England.

Massachusetts.

Their lordships took into consideration the letter from the Governor of the Massachusets Bay, mentioned in the minutes of the 27th ult., and the draught of a letter to him, in answer thereto, was ordered to be prepared.

Jamaica.

Read a letter from William Henry Lyttelton, Esquire, Governor of Jamaica, dated February 23rd, 1763, inclosing a list of the titles of the Acts passed in that island in the last session of Assembly, with some short observations upon some of them.

Trade.

Africa.

The Secretary laid before the Board the following paper received from the Committee of the Company of Merchants trading to Africa, viz.
fo. 148.
Copy of two letters from Charles Bell, Esquire, Governor of Cape Coast Castle, to the Committee of the Company of Merchants trading to Africa, dated 20th September and 24th of December, 1762.

Georgia.

North Carolina.

Jamaica.

fo. 149.

The draughts of letters to the Governors of Georgia and North Carolina, having been transcribed pursuant to order, were signed; as was also a representation to his Majesty, proposing the repeal of an Act passed in the Island of Jamaica in April, 1762, entituled an Act to explain and amend two several Acts of this island, one, entitled an Act for giving licence to the captors, other proprietors and purchasers of prize goods brought into and condemned as such in this island, to export the same under certain regulations free from any duties imposed by the laws of this island, and for laying a duty on certain wines that may be brought in and condemned as prize and sold in this island, and not already liable to any duty or imposition; and the other, an Act intitled and Act to prohibit the importation of sugars, rum and molasses of the growth of the French, Spanish, Dutch and Danish colonies in America into this island, and for preventing several frauds committed by persons trading to and from the northern colonies.

Wednesday, May 11. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Bacon, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Massachusetts.

The draught of a letter to the Governor of the Massachusets Bay having been prepared pursuant to order, was agreed to and ordered to be transcribed.

Plantations General.

fo. 150.

Mr. Bollan, his Majesty's Advocate of the Admiralty Court in New England, attending, was called in, and their lordships having had some conversation with him upon the method of proceeding to examine into the state of the illicit trade in America, it was agreed to take up the consideration of this affair as soon as the other important business now before the Board will admit, and that Mr. Bollan should have timely notice thereof.

Wednesday, May 18. Present:— Mr. Jenyns, Mr. Eliot, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Jamaica.

Read a letter from Rose Fuller, Esquire, to Mr. Pownall, dated 11th instant, signifying that the majority of the principal persons, who have interests in the Island of Jamaica, think the Act passed there for restraining extravagant grants and devises to negroes and the issue of negroes, is a reasonable and proper law; that it is his opinion, and also that of the Lord Mayor of London, that the Act is unnecessary, but that he shall not oppose it.

fo. 151.

Their lordships, upon further consideration of this Act, ordered the copy of the protest of three members of the Council of Jamaica against it, which protest is entered upon the minutes of Council on the … to be sent to the agent for his answer in writing to the objections contained in the said protest.

South Carolina.

Read a letter from Thomas Boone, Esquire, Governor of South Carolina, to the Board, dated the 13th of March, 1763, acquainting their lordships with some difficulties, which have occurred from the want of a clear understanding of the instruction, which regulates the mode of appeals in civil cases.

Ordered, that the Secretary do signify to the agent for South Carolina, that their lordships think it adviseable that he should take out of the Council books a copy of the proceedings in any case of appeal, which has come before his Majesty in Council from any other colony, and transmit the same to the Governor for his guidance and direction.

fo. 152.

Virginia.

Jamaica.

Their lordships took into consideration two private Acts passed in Virginia in 1762, for barring estates tail and one Act passed in Jamaica in 1761, for naturalizing some free mulattoes; and the said Acts having been read, as also Sir Mathew Lamb's reports thereupon, it was ordered, that representations to his Majesty should be prepared, proposing that they may be confirmed.

Massachusetts.

The draught of a letter to the Governor of Massachusets Bay, in answer to one from him, having been transcribed pursuant to order, was signed.

Friday, May 20. Present:— Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice, Mr. Gascoyne.

Virginia.

fo. 153.

Their lordships took into consideration two Acts passed in Virginia in 1762, the one, for ascertaining the elections of burgesses, ascertaining their privileges, and limiting the duration of Assemblys, the other, for the relief of insolvent debtors; and the said Acts having been read, as also Sir Mathew Lamb's report thereupon, it was ordered, that they should be taken into further consideration on Friday, the 3rd of June, and that the Secretary should give notice thereof to the agent for Virginia, and also transmit a copy of the Insolvency Act to the principal merchants trading to Virginia, to the end that, if it shall appear to affect their interests, they may have an opportunity of being heard upon it.

Virginia.

Jamaica.

The draughts of representations to his Majesty, proposing the confirmation of two private Acts of Virginia and one of Jamaica, having been prepared pursuant to order, were agreed to, transcribed and signed.

fo. 154.

Plantations General.

Read a letter from Colonel Gage, dated Montreal, 14th of January, 1763, acknowledging the receipt of his Majesty's instruction for altering the form of prayers.

Friday, May 27. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Georgia.

fo. 155.

The Secretary acquainted the Board that Mr. Knox, agent for Georgia, was without, and had something to communicate; whereupon he was called in, and acquainted their lordships, that finding by letters and papers which he had received from the Governor of Georgia, that measures were taking in the Province of South Carolina to make grants of large tracts of land to the south of the River Altamaha, and conceiving that such grants would be prejudicial to his Majesty's interest in general, and to that of the Province of Georgia in particular, he thought it his duty to communicate this intelligence to the Board, and he laid before their lordships the copy of a protest or caveat, which the Governor of Georgia, on the part of that province, had sent to the Governor of South Carolina against the making such grants.

Proprieties.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated the 11th of May, 1763, relating to some people attempting to make a settlement at Wyoming, and directing draughts of instructions to be prepared for the Governors of Pennsylvania and Connecticut for the breaking up such settlement.

fo. 156.

Ordered, that the draught of an instruction to the Deputy Governor of Pennsylvania, and to the Governor and Company of Connecticut, be prepared conformable to the directions of the said order.

Trade.

Africa.

Read a memorial of the Committee of the Company of Merchants trading to Africa, setting forth the attempts the Dutch have lately made upon the rights and properties of his Majesty's subjects on the Coast of Africa.

Ordered, that a copy be made of the said memorial to be transmitted to the Earl of Halifax, one of his Majesty's Principal Secretaries of State, and the draught of a letter to his Lordship for inclosing the same, be prepared.

fo. 157.

Monday, May 30. Present:— Earl of Shelburne, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice, Lord Orwell, Mr. Gascoyne.

Trade.

Africa.

The draught of a letter to the Earl of Halifax, with a copy of the memorial of the Committee of the Company of Merchants trading to Africa, mentioned in yesterday's minutes, having been prepared pursuant to order, was agreed to, transcribed and signed.

Proprieties.

The draught of an instruction to the Deputy Governor of Pennsylvania, and to the Governor and Company of Connecticut, respecting the settlement at Wyoming, having been prepared pursuant to order, was approved, and a report to the Lords of the Committee of Council thereupon, was signed.

fo. 158.

South Carolina.

A letter to the Governor of South Carolina, respecting the measures said to be taken in that province for granting large tracts of land to the south of the River Altamaha, was agreed to and signed.

North Carolina.

Read a memorial and petition of John Dalrymple, Esquire, Captain and Commander of Fort Johnston in North Carolina, complaining of some arbitrary and violent proceedings of the Governor in dispossessing him of his said command, and confining him prisoner in an open barrack.

Their lordships, upon consideration of the said memorial, were of opinion, that the subject matter of it did not fall within their cognizance, as it related to military affairs, not within their department.

fo. 159.

Nova Scotia.

Read the following letters and papers received from the Lieutenant Governor of Nova Scotia, viz.
Letter from Lieutenant Governor Belcher to the Board, dated 16th of March, 1763, relating to the expences of government, and transmitting,
Opinion of Council relating to a letter from Mr. Benjamin Gerrish upon the subject of his accounts, as late Commissary for Indian Trade.
The Honourable Thomas Hancock's account of supplies to the Acadians, also Mr. Woodmass's for hire of transports.
Letter from Lieutenant Governor Belcher to the Board, dated the 28th of February, 1763, respecting the extraordinary expences of government, and desiring the Board's directions with respect to laws lately transmitted, and inclosing,
fo. 160.
Copies of General Amherst's and (fn. 1) J. Bs. letters and opinion of Council relative to the expence of transporting the Acadians.
Extract of a paper sent from Captain R. G. Bruce of the Engineers at Annapolis Royal to the Lieutenant Governor.
Papers relating to Mr. Benjamin Gerrish as Commissary of Indian Trade.
Abstract of the state of the civil establishment for Nova Scotia, 1762.
A return of debts due from the government to sundry persons.
Abstract of vouchers from the 1st of July to 31st of December, 1762.

fo. 161.

Ordered, that the Treasurer's accounts be delivered to the agent, and that he be directed to prepare an account to be laid before Parliament of the expenditure of the money granted for the support of the said colony for the year 1762.

Ordered, that the Lieutenant Governor's letter to the Secretary of the Treasury concerning the expence incurred by the transportation of the Acadians, be delivered to Mr. Dyson.

Their lordships then took into consideration an Act passed in the Province of Nova Scotia in July, 1761, entitled an Act to enable creditors to receive their just debts out of the effects of their absent or absconding debtors, which Act is referred to in the Lieutenant Governor's letter of the 28th of February; and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that it may be confirmed.

fo. 162.

Virginia.

Ordered, that the consideration of the Virginia Laws appointed for Friday next, be postponed to Wednesday, the 22nd of June, and that the Secretary do give notice thereof to the merchants and to the agent for the colony.

Plantations General.

The Secretary laid before the Board the following papers received from the Earl of Egremont's office, and referred to in his Lordships' letter to the Board of the 5th instant, viz.
Copy of a letter from Governor Scott to the Earl of Egremont, dated Grenada, the 19th of January, 1763.
Extracts of the imports into the Island of Grenada, taken from the books of the Naval Office.
Do. of the exports from the Island of Grenada, taken from the books of the Naval Office.
fo. 163.
Return of ordnance and stores in Fort Royal and its dependencies, 11th January, 1763.
Monthly return of the garrison of Fort Royal, Island of Grenada, from the 25th of November, 1762, to the 24th of December following.
Abstract of Capitation Tax for 1763.
State of the appointment and gratifications of the staff and other officers of the Island of Grenada during the French government.
Copy of the French King's ordonnance concerning the grants of lands, the 3rd of August, 1722.

Their lordships then took into consideration the said letter and papers referred to in and transmitted with it, and, after some time, it was agreed to make a representation thereupon to his Majesty.