Journal, September 1727: Journal Book D.D

Journal, September 1727

September 7. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Bladen.

A letter from the Duke of Newcastle [fos. 191, 196], dated the 31st of the last month, signifying His Majesty's pleasure that an instruction be prepared for Colonel Montgomery, Governor of New York and New Jersey, allowing him to receive an additional salary, was read; whereupon ordered that the draught of an instruction be prepared accordingly.

Virginia.

Their Lordships taking again into consideration the draught of the Lord Orkney's instructions [fos. 194, 220], mentioned in the Minutes of the last meeting, made a progress therein.

Jamaica.

A letter from Mr. Ayscough, President of the Council and Commander in Chief at Jamaica, dated 16th July last, was read; and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 13th of April, 1727, to 4th July following.
Minutes of Council in Assembly, from 23rd May, 1727, to the 3rd of June following.
Minutes of Assembly, from the 25th of May, 1727, to the 3rd of June following.

Whereupon a letter was agreed and signed, for inclosing to His Grace the Duke of Newcastle an extract of Mr. Ayscough's said letter.

September 8. Present:—Mr. Pelham, Mr. Bladen, Mr. Cary, Colonel Montgomery.

Colonel Montgomery, appointed Governor of New York and New Jersey, [fos. 194, 198], attending, presented to the Board a memorial in relation to some Acts passed in both Provinces, which he desired might be confirmed, was read; and their Lordships resolved to consider further thereof on Wednesday morning next; in the meantime, ordered that Mr. Fane be desired to let their Lordships have, as soon as possible, his report upon the Act for the easier partition of lands held in common, and promoting the settling and improvement thereof, and for confirming former divisions in the settled townships of this Colony, passed at New York in 1726, and sent to him the 23rd of February last [fos. 42, 226], as also upon the draught of An Act for amending the practice of the law, proposed to be passed at New York, sent to Mr. Fane the 10th of March last [fos. 37, 225].

September 13. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Cary.

Colonel Montgomery attending [fo. 196], their Lordships took again into consideration his memorial, mentioned in the Minutes of the last meeting, as also the two Acts, relating to the paper currency in New Jersey, therein mentioned, viz:—An Act for an additional support of this Government, and making current £40,000 in bills of credit for that and other purposes therein mentioned, passed the 30th of November, 1723, and An Act concerning the appointment of Commissioners of the Loan Offices, and concerning the sinking of Four thousand pounds of Bills of Credit, passed in August, 1725.

Their Lordships also read and considered the two following letters from Mr. Burnet, Governor of New York and New Jersey, viz:—

A letter from him to the Board, dated the 30th of June, 1727.

A letter from him to the Secretary, dated the 30th of June, 1727; as also the papers referred to in this letter, viz:—
New Jersey.
List of vessels entered inwards and cleared outwards, from Midsummer, 1726, to Christmas following.
New York.
List of vessels entered inwards and cleared outwards, from 29th September, 1726, to 25th of March, 1727.

Their Lordships then, after some discourse with Colonel Montgomery upon that part of his aforesaid memorial, wherein he desires that the interest money arising from the paper currency of New Jersey, created by the before mentioned Act, may be applied to the current service, acquainted him, that the interest being particularly applied by the said Act towards sinking the said paper money, they could by no means give any countenance to the passing any Act for disposing of the said interest money to any other use, more especially since Mr. Burnet had already passed an Act in 1725, entituled, An Act for the support of the Government of His Majesty's province of New Jersey for five years, to commence the 23rd day of September, 1725, and to end the 23rd day of September, 1730, by which £1,321, part of the said interest money, had been already diverted to uses expressly contrary to the intent of the first Act.

Their Lordships likewise acquainted Colonel Montgomery that the other Act and Bill, mentioned in his memorial, viz:—the Act for the easier partition of lands held in Common, etc., and the bill for amending the practice of the law, were at present under the consideration of Mr. Fane, one of His Majesty's counsel at law, but that so soon as they should receive his opinion in point of law thereupon, they would take the same into consideration.

The following copies of Orders in Council were laid before the Board and read, viz:—

Copy of an Order in Council, of the 5th of August, 1727, approving the draughts of a commission and instruction for General Hunter to be Governor of Jamaica [fos. 179, 182], ordering two alterations in the instructions only.

Copy of an Order in Council, of the 5th of August, 1727, directing the 22nd Article in the draught of instructions for General Hunter, relating to the duties on negroes [fo. 133], to be omitted, and General Hunter to send a state of that case to His Majesty.

Copy of an Order in Council, of 16th of June, 1727, approving a representation of this Board, for confirming an Act, passed at Antego, in January, 1725–6, for dividing the parish of St. Peter, etc. [fo. 54].

Copy of an Order in Council, of 31st of May, 1727, approving a representation of this Board [fo. 74] for constituting John Custis, Esq., one of the Council of Virginia, in the room of Mr. Jennings.

Copy of an Order in Council, of the 31st of May, 1727, approving a representation of this Board [fo. 69] for constituting Mr. Dandridge a Councillor of Virginia, in the room of Mr. Ludwell, deceased.

Copy of an Order in Council, of the 16th of June, 1727, approving a representation of this Board [fo. 98] for confirming an Act, passed in Virginia in May, 1726, laying a duty on Liquors.

Order in Council of the 16th of June, 1727, approving a representation of this Board [fo. 62] for confirming an Act, passed in Virginia in 1726, to confirm the title of Richard Randolph to certain intailed lands, etc.

Virginia.

Copy of an Order in Council, of the 29th of July, 1727, referring a representation of this Board [fo. 117] upon the petition of Colonel Spotswood, late Lieutenant Governor of Virginia, relating to his land in that Colony, to a Committee of Council.

New York.

Copy of an Order in Council, of the 5th of August, 1727, approving a representation of this Board [fo. 173] for confirming An Act, passed in New York, to vest in Thomas Hicks in fee simple certain lots of land, etc.

New Jersey.

Copy of an Order in Council, of the 31st May, 1727, approving a representation of this Board [fo. 42] for appointing Cornelius Van Horn a Councillor for New Jersey, in the room of David Lyell, deceased.

Maryland.

Copy of an Order in Council, of the 31st May, 1727, approving the draught of instructions [fo. 109] relating to Trade and Navigation, for the Lord Baltimore, proprietor of Maryland, for the guidance of Mr. Calvert, Deputy Governor.

September 14. Present:—Mr. Docminique, Mr. Bladen, Mr. Cary.

New York.

New Jersey.

Their Lordships took into consideration the draughts of Colonel Montgomery's instructions [fos. 187, 208] for the Government of New York and New Jersey, ordered to be prepared the 12th of the last month, and the same being agreed, were ordered to be transcribed.

St. Christophers.

The Secretary acquainted the Board, that he had received the three following Acts from Colonel Hart, Governor of the Leeward Islands, viz:—

An Act to subject all goods and commodities of the growth and produce of the late French part of the Island of St. Christophers, which are or shall be shipped off from the said Island, to the payment of 4½ per cent, duty, and to ascertain at what places all the duties of 4½ per cent, shall be received. Passed at St. Christophers, the 10th of June, 1727.

An Act against covinous and Fraudulent conveyances, and for a publick registry in the Island of St. Christophers. Passed the 14th of June, 1727.

Antigua.

An Act for laying an additional duty upon all Madera Wines, imported into this Island. Passed at Antegoa, the 10th of March, 1727.

Letter to Mr. Fane.

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

September 20. Present:—Earl of Westmoreland, Mr. Pelham, Mr. Cary.

New York.

New Jersey.

The following letters from Mr. Burnet, Governor of New York and New Jersey, were read; and the papers, therein referred to, were laid before the Board, viz:—

Letter from Mr. Burnet, giving an account of his proceedings, in relation to building a fort in the Indian country, and the use thereof, dated the 9th of May, 1727.
Number of the inhabitants of New Jersey, both whites and blacks, in 1726.

Letter from Mr. Burnet, promising a new map of the Provinces, and complaining of the interest money of the bills of credit not being allowed to be applied to the current services, dated 12th May, 1727.

Letter from Mr. Burnet, Governor of New York, to the Secretary, dated the 19th of June, 1727, with duplicates of former papers.

Letter from Mr. Burnet, Governor of New York, to the Board, dated the 29th of June, 1727.
An account of His Majesty's share of the fines and forfeitures recovered between the 8th of August, 1722, and the 25th of March, 1727.

September 26. Present:—Earl of Westmoreland, Sir O. Bridgman, Mr. Pelham, Mr. Cary.

Their Lordships, taking again into consideration the draughts of Colonel Montgomery's general instructions [fos. 204, 209], for the Governments of New York and New Jersey, agreed the 11th inst., as also the draughts of his instructions, relating to the Acts of Trade, gave directions for preparing the draughts of representations thereupon.

Letter from the Duke of Newcastle, dated the 23rd inst., referring to the Board the copy of a letter from Captain Edward Massey to the Secretary of War, in relation to the hardships which the independent company at Fort King George lies under, was read, and ordered that General Nicholson [fo. 209], Governor of South Carolina, be acquainted that the Board desires to speak with him thereupon to-morrow morning.

September 27. Present:—Earl of Westmoreland, Sir O. Bridgman, Mr. Pelham, Mr. Cary.

The draught of a representation, ordered yesterday to be prepared [fos. 208, 211], upon Colonel Montgomery's instructions for the Government of New York, was agreed and ordered to be transcribed, as also

The draught of another representation upon the draught of his instructions for the Government of New Jersey.

General Nicholson, Governor of South Carolina, attending, as he had been desired [fos. 208, 256], their Lordships took again into consideration the letter from His Grace the Duke of Newcastle, (mentioned in yesterday's Minutes), enclosing the copy of a letter from Capt. Edward Massey to the Secretary at War, in relation to the hardships which the independant company at Fort King George lies under; and, after some discourse with General Nicholson thereupon, their Lordships desired he would let them have in writing, what he had to offer upon that subject; in the meantime, ordered that an extract of the said copy of a letter from Captain Massey be given to General Nicholson.

An Order in Council, dated the 14th of July, 1727, referring to the Board a petition from South Carolina, for permitting old bills of credit to be continued, was read, and their Lordships resolved to consider further thereof at another opportunity.

Order in Council, dated the 14th of July, 1727, for a warrant to the engraver to cut new seals [fo. 228], was read.

Order in Council, dated the 14th of July, 1727, for this Board to prepare new seals [fo. 228], was read.

September 28. Present:—Earl of Westmoreland, Sir Oliver Bridgman, Mr. Pelham, Mr. Cary.

The two representations upon Colonel Montgomery's instructions for the Governments of New York and New Jersey, agreed yesterday [fo. 209], were signed, as also a letter to the Duke of Newcastle enclosing the same.

A letter from Mr. Younge, agent for South Carolina, dated the 24th of September, 1725, enclosing twelve Acts and one Ordinance of that Province, was read, and ordered that the Acts, therein mentioned, not now expired, be sent to Mr. Fane, for his opinion thereupon in point of law.

The six undermentioned papers, received from Mr. Wragg, the present agent for the Province of South Carolina, the 6th of July last, 1727, were laid before the Board, viz:—
Journal of the Commons House of Assembly, between the 25th day of April and the 30th of day of April, 1726.
Journal of the Commons House of Assembly, between the 17th of May, 1726, and the 21st of May, 1726.
Report of the Committee on the Treasurer's Accounts, dated the 23rd of November, 1725.
Copy of the Journal of Upper House of Assembly, from the 17th of November, 1726, to the 23rd of December, 1726.
Copy of the Upper House Journal, begun Tuesday the 4th day of October, 1726, and ending Saturday the 8th day of October, 1725.
Copy of the Council Journal, relating to the Indian affairs, dated Thursday, September 1st, 1726.

A letter from Mr. Middleton, President of the Council and Commander in Chief at South Carolina, dated the 6th of May, 1727, was read, and the papers, therein referred to, were laid before the Board, viz:—
Copy of a representation from the inhabitants of Carolina to the President, complaining of several grievances.
Copy of a Proclamation by the President and Council for prohibiting tumultous assemblies.

Two letters from Mr. Middleton, President of the Council and Commander in Chief for Carolina, to General Nicholson, Governor of the said Province.

A letter from Mr. Godin, with the draughts of a clause proposed to be inserted in a new Naval Store Act, dated the 23rd of March, 1725–6, was read, and their Lordships resolved to consider further thereof, when any application should be made to them in relation to Naval Stores.

A letter from Colonel Hart, Governor of the Leeward Islands, without date, in answer to the complaint exhibited against him by Mr. MacDowal [Jour. C.C. fol. 296], was read; and their Lordships resolved to consider further thereof, when Mr. MacDowal should make application for that purpose.

A letter from Mr. Carkesse, dated the 19th of July, 1727, in answer to one writ him the 14th of the same month [fo. 177], enclosing the copy of a letter from Mr. Dunbar, Surveyor General of the Customs, relating to a Spanish ship run aground at Barbadoes, etc.

A letter from Mr. Armstrong, Lieutenant Governor of Nova Scotia, dated the 24th of November, 1726, was read; and the papers, therein referred to, were laid before the Board, viz:—
Ratification of the peace with the Indians, dated the 4th of June, 1726.
List of the fishery of Canso, for the year 1726.
Oath administered to the French inhabitants of Nova Scotia in 1726.
State of the fortifications of Annapolis Royal in November, 1726, signed by all the officers there.
Minutes of Council, from 21st of September to the 10th of November, 1726.

Whereupon ordered that Mr. Missing [fo. 224] be acquainted that the Board desire to speak with him thereupon, on Wednesday morning next.

A letter from Mr. Worseley, Governor of Barbadoes, dated the 6th of May, 1727, giving an account that part of the loading of the Princess Amelia was taken out in order to stop a leak, but that it was reshipped again, was read.
Number of bales of coffee taken from on board the Princess Amelia, and reshipped again.

A letter from Mr. Ayscough, President of the Council and Commander in Chief at Jamaica, dated the 24th of April, 1727, was read; and the papers, therein referred to, were laid before the Board and as follows, viz:—
Minutes of Council, from the 11th of February, 1726–7, to the 18th of March following, both days included.
Minutes of Council in Assembly, from the 1st of March, 1726–7, to the 18th day of the same month, both days included.
Minutes of Assembly, from the 1st of March, 1726–7, to the 18th of the same month, both days included.
The Jamaica Courant (with the President's speech to the Assembly, the 1st of March, 1726) to the 22nd of March, 1726.

The following letters from Mr. Carter, President of the Council and Commander in Chief of Virginia, were read, and the papers, referred to therein, were laid before the Board, viz:—

Letter from Mr. Carter, President of the Council and Commander in Chief in Virginia, dated the 13th of May, 1727.
An account of the revenue of 2s. per hogshead, etc., from the 25th of October, 1726, to the 25th of April, 1727.
Account of His Majesty's revenue of Quit Rents, etc., from the 25th of April, 1726, to the 25th April, 1727.
Minutes of Council, from the 14th of December, 1726, to the 6th of May, 1727.
Nine Naval Office lists of ships and vessels entered and cleared at the several ports of Virginia, from Michaelmas, 1726, to Lady Day, 1727.
Four proclamations in 1727.

Letter from Colonel Carter, President of the Council and Commander in Chief at Virginia, dated the 29th of June, 1727.
Minute of Council of the 14th of June, relating to hostilities commenced between Great Britain and Spain.
List of negroes imported from the coast of Africa into the district of York River and Rappahanock, from the 25th of March, 1718, to the 25th of March, 1727, and into the Upper and Lower district of James River, from the 25th of April, 1718, to the 25th of April, 1727.

Letter from Mr. Carter, President of the Council, dated the 24th of July, 1727, transmitting Naval Office lists, and giving account of the death of Colonel Jennings, late President of the Council.
Naval Officer's lists of vessels entered inwards and cleared outwards from the district of Accomack, from Christmas, 1726, to Midsummer, 1727.
Naval Officer's lists of vessels entered inwards in the District of Accomack, from Michaelmas to Christmas, 1726.

Mr. Attorney and Mr. Solicitor General's report [(Jour. C.C. fo. 259) fo. 223], dated the 12th of August, 1727, upon the case between His Majesty and the proprietors of the Northern Neck in Virginia, and a letter thereupon from Major Drysdale, late Lieutenant Governor of that Colony, was read; whereupon ordered that Mr. Micajah Perry be acquainted that the Board desire to speak with him on Wednesday morning next.

September 29. Present:—Earl of Westmoreland, Mr. Pelham, Sir O. Bridgman.

Their Lordships took again into consideration the draught of the Earl of Orkney's instructions for the Government of Virginia, mentioned in the Minutes of the 7th inst., and made a progress therein.

Ordered that a letter be wrote to Mr. Burchet, Secretary to the Lords Commissioners of the Admiralty [fo. 229], to know whether the Governors in the Plantations receive any instructions from the Lords of the Admiralty, in relation to the fees to be taken in the Admiralty Courts there, for the condemnation of prize ships.