Journal, August 1765: Volume 72

Journal, August 1765

fo. 204.

Tuesday, August 20th. Present:—Earl of Dartmouth, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

Miscellanies.

fo. 205.

Plantations General.

A Commission under the Great Seal of Great Britain bearing date the 12th of August, 1765, constituting and appointing William, Earl of Dartmouth, Soame Jenyns, Edward Eliot, Honourable John Yorke, George Rice, John Roberts, Jeremiah Dyson, and William Fitzherbert, esquires, his Majesty's Commissioners for Promoting the Trade of this Kingdom, and for inspecting and improving his Majesty's Colonies and Plantations in America and elsehwere, was opened and read, and draughts of letters to the Governors and Lieutenant Governors of the said Colonies and Plantations, as also to the agents and superintendants for Indian affairs, and Surveyors General of the Northern and Southern Districts of America, were agreed to and ordered to be transcribed.

Senegambia.

A memorial prepared by the agent for the affairs of the Province of Senegambia upon the Coast of Africa, to be presented to the Lords of the Treasury, praying that the sum granted in the last session of Parliament for the support of the civil establishments in the said province, may be issued to him, was laid before the Board; and it was ordered, that the agent should present it to the Lords Commissioners of the Treasury, for their lordships' directions upon it.

Virginia.

fo. 206.

Several letters and papers, the titles of which are as follows, lately received from the Lieutenant Governor of Virginia, were laid before the Board, read and considered, vizt.,
Letter from Lieutenant Governor Fauquier to the Board, dated 26th of May, 1765, containing an account of the murder of the Cherokees, and respecting several persons seating themselves unwarrantably on the Ohio.
A list of patents that have been granted in Virginia from the 1st of October, 1764, to 1st of April, 1765.
Copy of the resolutions of the House of Burgesses concerning the murder of the five Cherokees.
Copy of a letter from Colonel Andrew Lewis to the Cherokee chiefs, dated May 8th, 1765.
Copy of a letter from Colonel Andrew Lewis to Lieutenant Governor Fauquier, dated May 9th, 1765, giving an account of some of the frontier inhabitants having killed five Cherokee Indians.
fo. 207.
Copy of Lieutenant Governor Fauquier's letter to Colonel Andrew Lewis, dated May 14th, 1765.
Copy of Lieutenant Governor Fauquier's private letter to Colonel Andrew Lewis, dated May 14th, 1765.
Copy of Lieutenant Governor Fauquier's letter to the Cherokee chiefs, dated May 16th, 1765.
Printed proclamation for apprehending the persons concerned in the murder of the five Indians, dated May 13th, 1765.
Letter from Francis Fauquier, Lieutenant Governor of Virginia, to the Board, dated June 14th, 1765, containing an account of some riotous insurrections and proceedings on the frontiers of that colony in opposition to the laws and authority of government, in the case of the persons committed for the murder of the Cherokees, and inclosing,
fo. 208.
Copy of a letter from Colonel Lewis to Lieutenant Governor Fauquier, dated June 3rd, 1765.
Copy of a letter from Colonel Lewis to Lieutenant Governor Fauquier, dated June 5th.
Copy of the proclamation mentioned by Colonel Lewis in his letter of the 5th of June.
Copy of Lieutenant Governor Fauquier's letter to Colonel Lewis, dated June 14th, 1765.
Letter from Francis Fauquier, esquire, Lieutenant Governor of Virginia, to the Board, dated June 5th, 1765, relative to the laws lately passed; the resolutions of the Assembly on the Stamp Act; his refusal of the Cattle Bill; trade with the Cherokees; and his recommendation of Mr. Robinson, in case he should be chosen Speaker of the new Assembly, to be appointed Treasurer.
fo. 209.
Resolutions of the House of Burgesses in Virginia relative to the privileges of the people of that colony.

Ordered, that the draught of a representation to his Majesty be prepared, upon those parts of the said letters and papers which relate to the murder of the Cherokees and the riots and insurrections on the frontiers; the unlawfull settlements on lands to the westward of the Allegany Mountains, and the resolutions and proceedings of the House of Burgesses on the Stamp Act.

Ordered, that the said letter and papers be taken into further consideration tomorrow morning, and that Mr. Penn be desired to attend on the subject of the unlawfull settlements on lands to the westward of the Allegany Mountains.

fo. 210.

Wednesday, August 21st. Present:—Earl of Dartmouth, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

Virginia.

The Secretary acquainted the Board that, in obedience to their orders, he had wrote to Mr. Penn, the Proprietary of Pennsylvania, to attend the Board this day on the subject of Lieutenant Governor Fauquier's letters concerning unlawfull settlements on lands to the westward of the Allegany Hills, but that he was not in town.

Their lordships took into consideration the draught of a representation to his Majesty, prepared pursuant to their order, upon the letter and papers received from the Lieutenant Governor of Virginia, mentioned in the minutes of yesterday.

fo. 211.

Plantations General.

The draughts of letters to the several governors and lieutenant governors of his Majesty's Colonies and Plantations in America, to the agents and superintendants for Indians affairs, and to the Surveyors General of the Northern and Southern Districts, notifying their lordships' appointment, having been transcribed pursuant to order, the said letter were signed.

Georgia, West Florida.

The Secretary laid before the Board two memorials delivered to him by the agents for the receipt and payment of the money granted by Parliament for supporting the civil establishment of the Colonies of Georgia and West Florida, stating several bills drawn and demands made upon them relative to such grants, and desiring the Board's opinion and orders upon the several cases stated.

fo. 212.

West Florida.

Their lordships took into consideration the said memorials, and also the Board's letters to the Governors of Georgia and West Florida in May 1764, containing directions in respect to the manner in which the officers' salaries are to be paid and bills drawn, copies of which letters had been delivered to the agents, and thereupon came to a resolution, that the directions contained in the said letters are a sufficient guide to the agents in all cases of bills drawn or demands made upon them, relative to the money issued into their hands, and that any application to the Board in such cases is unnecessary and improper.

The agent for West Florida attending was called in and acquainted with their lordships' resolution.

fo. 213.

Friday, August 23rd. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Roberts, Mr. Dyson, Mr. Fitzherbert.

Virginia.

The draught of a representation to his Majesty upon the letters and papers lately received from the Lieutenant Governor of Virginia, having been agreed to, was transcribed and signed.

Pennsylvania.

fo. 214.

Thomas Penn, esquire, one of the Proprietaries of Pennsylvania, attending was called in, and, being informed of the advice their lordships had received of certain persons from the frontiers of that province having seated themselves without licence on lands to the westward of the Allegany Mountains, he said, that he had received no account of these proceedings from his deputy there, but would immediately send orders, that the civil officers should be directed to put a stop to such emigrations for the future, at the same time expressing his doubt of the effect of such orders without the assistance of the military; Mr. Penn was also informed of the proceedings of a body of rioters in his province, called the Paxton Boys, and of their having promised support and protection to those in Virginia, who have broke open the goals and rescued the persons committed for the murder of the Cherokees; at which he expressed concern, and said he would do all in his power, by instructions to his deputy, to support his Majesty's authority and a due obedience to the laws.

Plantations General.

fo. 215.

Read a letter from the Right Honourable Mr. Secretary Conway to the Board, dated July 27th, 1765, signifying the King's pleasure, that their lordships should report their opinion, whether there will be time this summer for Sir William Johnson's holding a general meeting with the Indians, and what would probably be the expence of such meeting.
Extract of a letter from General Gage to the Earl of Halifax, New York, June 8th, 1765, relative to the holding of a general meeting with the Indians this summer.

Their lordships, after some time spent in the consideration of the abovementioned letter and paper, ordered the draught of a representation to his Majesty thereupon to be prepared.

fo. 216.

West Florida.

Read a letter from Montfort Browne, esquire, Lieutenant Governor of West Florida, to the Secretary, dated August 23rd, 1765, complaining of the conduct of the Reverend Mr. Levrier, minister to the French colony, which is embarked on board Mr. Browne's ship, and expressing a suspicion that some of the colonists are concealed Papists.

fo. 217.

Ordered, that the Secretary do write to Lieutenant Governor Browne, expressing their lordships' concern and disapprobation of the conduct of Mr. Levrier, and desiring that he will signify to Mr. Levrier, that the continuance of his salary depends upon his, the Lieutenant Governor's certificate of his future good conduct; and further requesting of the Lieutenant Governor that the oaths of allegiance may be administered to all the colonists by a proper magistrate at Cork, and that all recusants be discharged the ship there, and their places supplyed by such as the Lieutenant Governor shall think proper objects of their lordships' intention in sending over this colony.

Plantations General.

Read a letter from Charles Lowndes, esquire, Secretary to the Lords of the Treasury, to the Secretary, dated July 27th, 1765, inclosing,
Extract from the estimate of the probable expences of wood and candles for the troops in America, relating to the cutting wood near the forts.

fo. 218.

The Earl of Dartmouth signified to the Board, that, the foregoing paper having been laid before his Majesty, it was his Majesty's pleasure, that the Board should give directions to the governors of those colonies where the property of the soil is in the Crown, that in all warrants of survey for lands lying adjacent and contiguous to any forts, it should be an express direction in such warrants, that the surveyor should reserve to his Majesty such a quantity of woodland, and in such a situation, as the commander in chief of such fort should think sufficient and convenient for a constant and ample supply of necessary fuel for such fort, and that a regular plot of such reserved woodlands and quantity of acres, properly attested and signed by the surveyor, should be kept upon record in such fort, and another plot entered upon record in the Secretary's office of the colony within which the lands lye.

Whereupon it was ordered, that the draught of a circular letter to the Governors should be prepared, conformable to his Majesty's pleasure in this case.

fo. 219.

Thursday, August 29th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Dyson.

Plantations General.

The draught of a circular letter to the Governors of those colonies, the soil of which is the property of his Majesty, containing directions in respect to the reservation of woodlands for the supply of fewel for the forts, having been prepared pursuant to order, was approved and ordered to be transcribed.

Plantations General.

The draught of a representation to his Majesty upon the questions referred to this Board by Mr. Secretary Conway, respecting a meeting with the Indians proposed to be held this summer by Sir William Johnson, having been prepared pursuant to order, was approved, transcribed and signed; as was also a letter to Mr. Secretary Conway inclosing it, and desiring him to lay it before his Majesty.

fo. 220.

New Hampshire.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated August 22nd. 1765, referring back to this Board their representation proposing the grant of a township in New Hampshire to Messrs. Trail and Cutt, for their reconsideration and report on the propriety of inserting in the grant a clause for reserving to his Majesty part of the woodland for the supply of fuel to the forts, in case any shall be erected.

It appearing to their lordships that the end proposed by the insertion in Mr. Trail's order, of the clause suggested by the Lords of the Committee, was fully answered by the directions contained in the above mentioned circular letter to the governors of those colonies, the soil of which is the property of the Crown, it was ordered, that the draught of a report to the Lords of the Committee of Council in conformity to this opinion should be prepared.

fo. 221.

Quebec.

Read a letter from Mr. de la Fontaine to the Board, dated October 5th, 1764, transmitting,
Copies of the depositions of eight persons, relative to the conduct of Mr. de la Fontaine.

Read a letter from Governor Murray, dated February 20th, 1765, informing the Board of his having appointed Captain Campbell agent for the Indians within the Province of Quebec.

Read a letter from Mr. Goldfrap, Deputy Secretary of Quebec, to the Board, dated April 15th, 1765, transmitting,
Copies of patents for lands granted by his Excellency the Governor and Council of the Province of Quebec.

fo. 222.

Read a letter from the Honourable James Murray, esquire, Governor of Quebec, to the Board, dated June 24th 1765, vindicating the ordinances he has published, and his conduct with respect to Mr. Walker.
List of papers transmitted by Governor Murray.
Copy of remarks as given in to his Excellency the Governor in Council on the difference between the present and Halifax currency.
Copy of a petition from the merchants and traders of Quebec, praying that the currency might be put on its former footing, and the late ordinance relating thereto reconsidered.
Copy of reasons as offerred by those who signed the memorial for continuing the Halifax currency in support of their opinion.
Memorial of the merchants of Quebec to his Excellency in Council against establishing the currency of New York.
fo. 223.
Copy of answer to a memorial of the merchants of Quebec praying a continuance of the Halifax currency, and also to another memorial from Quebec and Montreal in favour of New England lawful money.
Copy of the petition of the within merchants of Quebec and Montreal in behalf of New England lawful money.
Answer to the petition of the merchants of Quebec praying that the currency might be put on its former footing, etc.
Copy of the presentments of the October Grand Jury at the Sessions then held.
Copy of a memorial of the Grand Jury for the last Assizes to his Excellency the Governor and Council, presented April 11th, 1765.
fo. 224.
Copy of the memorial of the French merchants and others, at Montreal, praying to be exempted from registering their deeds, etc., presented, and order thereon made, 15th May, 1765.
Answer of the Governor and Council to the memorial of the Grand Jury for the last Assizes.
Petition of Messrs. Amitt and Boisseau in behalf of themselves and the other French subjects, etc.
Copy of Monsieur Duchesnay's petition to his Excellency the Governor, on being served with a writ presented and an order thereon made, 10th November, 1765.
Petition of Messrs. Dun and Gray for an enjoyment of their lease of a post below.
Memorial of the merchants and traders of Montreal on account of the proclamation for opening the Indian trade, as presented to his Excellency in Council.
Copy of the Governor's answer to the forementioned memorial.
fo. 225.
Copy of an ordinance for preventing fishermen throwing over the offals of fish on the fishing banks in this province.
Copy of an ordinance for explaining an ordinance made the 3rd of November last with regard to unlicensed houses.
Copy of an ordinance in addition to one of the 4th of October for regulating the currency.
Copy of an ordinance for preventing imprisonment of soldiers and seamen for debt, and for liberating those now in custody.
Copy of an ordinance to prevent the effects of absentees, etc., from being taken out of this province, without first being liable to the debts contracted by them in this province.
Copy of an ordinance directing that all Grand and Petit Juries shall be summoned hereafter from the province at large, without regard to any particular district.
fo. 226.
Copy of his Excellency Governor Murray's proclamation with regard to the grant of lands, etc., 1st March, 1765.
Copy of an ordinance for adjourning Trinity Term next ensuing, and every other Trinity Term, and for determining certain offences at Three Rivers.
Plantations General.
Quebec.
Copy of Mr. Walker's protest against a resolution of his Excellency the Governor and an ordinance passed in Council.
Copy of the Attorney General's report to his Excellency Governor Murray in Council relative to the establishment and mode of practice of the Courts of Judicature in the Province of Nova Scotia.
Copy of the Governor's proclamation for opening the Indian trade, January 24th, 1765.
Report of the Attorney General of Quebec according to Order of Council, dated April 22nd, 1765.
fo. 227.
Copy from the French registers of the fishing posts granted by the French King on the Coast of Labrador.
Copy of the Attorney General's opinion upon granting impress warrants to transport provisions for the use of the troops.
Copy of the warrant granted in consequence of the Attorney General's foregoing opinion.
Copy of a letter from the Deputy Secretary of the province to his Majesty's Justice of the Peace at Montreal.
Copy of a letter from the Deputy Secretary of the province to Thomas Walker, esquire, the 11th of May, 1765.
Copy of a letter from Mr. Walker to the Deputy Secretary of the province, May 23rd, 1765.
Copy of a second letter from the Deputy Secretary of the province to Mr. Walker, May 27th, 1765.
fo. 228.
Copy of Governor Murray's letter to Mr. Walker, dated February 10th, 1765.
Copy of a memorial from the merchants and others at Montreal to the Chief Justice.
The Chief Justice's answer.
Copy of Mr. Walker's letter to the Chief Justice.
The Chief Justice's answer.
Copy of Mr. Collins's letter to the judge.
Copy of a letter from the inhabitants of Montreal, in reply to the Chief Justice's answer to their memorial.
Governor Murray's letter to the judge.
Copy of a charge delivered by the Chief Justice to the Grand Jury at Three Rivers on the 1st of July, 1765.
Minutes of Council since the establishment of civil government in the Province of Quebec, to the 3rd of June, 1765, inclusive.
fo. 229.
Copy of Commissions granted by the Governor from the 2nd of March to 21st of June, 1765.

Ordered, that copies and extracts be made of such parts of the said letters and papers as relate to the ordinance for trying at Quebec the persons charged with the assault upon Mr. Walker at Montreal, and the prison breach, to be laid before his Majesty, and that the draught of a representation to his Majesty thereupon be prepared.

Friday, August 30th. Present:—Earl of Dartmouth, Mr. Jenyns, Mr. Yorke, Mr. Dyson.

Quebec.

fo. 230.

The draught of a representation to his Majesty upon the letters and papers from the Governor of Quebec, mentioned in yesterday's minutes, having been prepared pursuant to order, was approved and ordered to be transcribed.

New Hampshire.

The draught of a report to the Lords of the Committee of Council upon the Order of Reference on Mr. Trail's grant, having been prepared pursuant to order, was approved, transcribed and signed.

Quebec.

Their lordships took into consideration the draught of a report to the Lords of the Committee of Council upon the ordinances of the Governor and Council of Quebec for the establishment of Courts of Judicature and other civil constitutions, mentioned in the minutes of the 12th of June; and the said draught having been settled and approved, it was ordered that it should be transcribed.