Pages 431-440
Journals of the Board of Trade and Plantations: Volume 5, January 1723 - December 1728. Originally published by His Majesty's Stationery Office, London, 1928.
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Journal, November 1728
November 1st. Present:—Earl of Westmorland, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.
Grievances, fishery, representation ordered.
Their Lordships, taking again into consideration the letter from the Duke of Newcastle, referring to the Board the copy of one from the Lord Vere Beauclerk, relating to the fishery at Newfoundland, mentioned in yesterday's Minutes, gave some directions for preparing the draught of a representation thereupon.
Their Lordships, also taking again into consideration the letter from Mr. Worseley, Governor of Barbadoes, dated the 20th of August, 1728, (read the 29th of the last month), agreed and signed a postscript to their letter to him, dated the 23rd of the last month.
Letter to the Treasury upon Mrs. Clarke's petition signed.
The letter to the Lords of the Treasury, ordered to be prepared the 3rd of September last, upon Mrs. Clarke's petition, desiring payment of the arrears due to her husband, was agreed and signed. [Vide Journal, February the 6th, 1728–9.]
November 6. Present:—Earl of Westmorland, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.
Clerks to remove to the Secretary's room.
Their Lordships, considering of a proper room to place the clerks, in order for their more commodious and convenient dispatch of business, and in order to have a place equally fitting for receiving any person, that may have occasion to speak with any of the Board, have directed and ordered that the Secretary should have the present waiting room, and that the clerks should be placed in his room, where they will have the best light for their business.
No person to be admitted into the clerk's room.
And to prevent any interruption, that may be caused to the business of the office, their Lordships are pleased to direct that the Secretary do affix up the following order of the Board, in the passage at the stair's head, (viz:) That if any person have occasion to speak with any of the clerks, he must send in his name by the doorkeeper or messenger in waiting, in order that the clerk may go to the said person in one of the little waiting rooms backwards; and that upon no pretence whatsoever, the doorkeeper or messenger in waiting do presume to permit any person, not belonging to this office, to go into the clerks' room.
Order in Council, trying of pirates, representation signed.
An Order in Council, dated the 1st inst., requiring warrants to be prepared, for commissions to pass under the Great Seal for trying pirates in the Plantations, and that this Board do present to his Majesty the names of persons proper for executing the said commissions, was read; whereupon a representation to his Majesty was immediately agreed and signed.
The Secretary then laid before the Board the following accounts of losses occasioned by the Spaniards, which were severally read, and a letter signed, for enclosing a state of the said losses to the Duke of Newcastle, to be laid before his Majesty, viz:—
Representation, fishery, considered.
Their Lordships, taking into consideration the draught of a representation, relating to the state of the Newfoundland trade and fishery, ordered to be prepared at the last meeting, they made a progress therein.
November 7. Present:—Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
Captain Rogers's commission agreed.
Their Lordships, taking into consideration the draught of a commission for Captain Rogers, appointed Governor of the Bahama Islands, ordered to be prepared the 22nd of the last month, the same was agreed and ordered to be transcribed.
Ordered that the draught of a representation be prepared thereupon.
Letters from Mr. Burnet with one paper.
A letter from Mr. Burnet, Governor of the Massachusets
Bay, dated the 13th of September, 1728, was read, and the paper,
therewith transmitted, was laid before the Board, viz:—
Journal of the House of Representatives, from the 24th of
July, 1728, to the 11th of September following.
A letter from Mr. Burnet to the Secretary, of the same date, was likewise read.
November 13. Present:—Mr. Docminique, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
Mr. Jobber, proposals from the Admiralty, trying of pirates.
Mr. Jobber, from the Admiralty, attending, acquainted the Board, that the Lords of the Admiralty desired they would please to consider, whether it might not be proper to place the flag officers and commodores of any squadron, that may at any time be in America, the next in rank in the commissioners to be passed for trying of pirates in the Plantations, after the vice admirals; and their Lordships resolved to consider of this matter to-morrow morning.
Sir Abraham Elton about a duty of £5 per ton copper ore.
Sir Abraham Elton attending, acquainted the Board, that he had received information from New Jersey, that the Assembly of that Province had a desing of a laying a duty of 5l. per ton upon all copper ore exported from thence to New York, and desired their Lordships would please to hear, what he had to offer against the said duty, when any Act should be passed for that purpose, which their Lordships promised accordingly.
Copy of an Order in Council of the 6th of November, 1728, approving a representation of this Board for repealing an Act, passed at New York in 1727, for preventing prosecutions by information, was read.
Letter from Colonel Montgomery with papers.
A letter from Colonel Montgomery, Governor of New York, dated the 30th of May, 1728, signifying the death of Mr. Barberie one of the Council there, and recommending Mr. de Lancey to succeed him, was read, as also
A letter from him to the Secretary, of the same date.
A letter from him to the Board, dated the 13th of August, 1728,
was read, and the papers, therein referred to, were laid before the
Board, viz:—
The Governor's speech to the Assembly, and their answer
and resolve thereon, in relation to settling a revenue.
A list of vessels entering inwards and clearing outwards, from
Michaelmas, 1727, to Lady Day, 1728.
Letter from Mr. Burnet with papers and Acts.
A letter from Mr. Burnet, late Governor of New Jersey, dated
the 3rd of July, 1728, was read, and the papers, therein referred
to, were laid before the Board, viz:—
Minutes of Council in Assembly, from the 30th of April, 1726,
to the 10th of February, 1727–8.
Minutes of Assembly, from the 9th of December, 1727, to
the 10th February, 1727–8.
Two certificates, proving the value of New Jersey bills of credit.
Copy of an Act, passed in 1698, declaring the rights and
privileges of the subjects, etc., passed pursuant to a
concession of the proprietors.
Twelve public Acts and one private, passed in 1727–8.
Ordered that the twelve foregoing public Acts be sent to Mr. Fane, for his opinion thereupon in point of law.
Answer ordered to Colonel Montgomery.
Ordered that the draught of an answer be prepared to Colonel Montgomery's said letters.
Representation, de Lancey new councillor.
Ordered that the draught of a representation be prepared for recommending James de Lancey, Esq., to be of the Council of New York, in the room of Mr. Barberie, deceased.
A copy of an Order in Council of the 6th of November, 1728, approving the draught of an additional instruction prepared by this Board for Major General Hunter, Governor of Jamaica, to move the Assembly there, to settle an additional salary on Colonel Lilly, an engineer, was read.
Letters from General Hunter, with papers.
The four following letters from Major General Hunter, Governor of Jamaica, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—
A letter from him to the Secretary, dated the 19th of May, 1728, recommending Mr. Forbes to be of the Council, in the room of Mr. Pusey.
A letter from him, dated the 29th of June, 1728.
His Majesty's account current, from Lady Day, 1725, to Lady
Day, 1728, of impost, and of fortifications, from April,
1725, to Lady Day, 1728.
A letter from him to the Secretary, dated the 3rd of August, 1728.
A letter from him, dated the 5th of August, 1728.
Major General Hunter's speech to the Assembly of Jamaica,
with their answer.
Copy of a bill for making goods, etc., a lawful tender, passed the
Assembly and Council, and arguments in Council thereupon.
Ordered that the Secretary do write an answer to General Hunter's said letters.
Representation, Forbes, a new councillor.
Ordered that the draught of a representation be prepared, for recommending Alexander Forbes, Esq., to be of the Council of Jamaica, in the room of Mr. Pusey.
The agent desires Acts to be considered.
Mr. Yeamans, agent for Antego, attending, desired the Board
would please to take the two following Acts of Antego into their
consideration, viz:—
An Act for laying a duty of powder and money on all vessels
trading to or from this island, for the defence of the island
and the protection of the trade, to and from the same.
Passed the 2nd of March, 1727—8.
An Act for raising a tax for paying public debts and charges,
and particularly applying the said tax.
Passed the 9th of May, 1728.
Several mayors to be writ to about the fishery.
Their Lordships, taking again into consideration the draught of a representation, mentioned in the Minutes of the 6th inst., in relation to the trade and fishery of Newfoundland, gave directions for writing to the mayors of Bristol, Dartmouth, Barnstaple, Bideford, Exeter, Plymouth, Weymouth, Liverpool and Poole, to know whether they had anything to offer, for the encouragement thereof.
November 14. Present:—Mr. Docminique, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
Proposal from the Admiralty, trying of pirates.
The Board, taking again into consideration the proposal from the Lords of the Admiralty, mentioned in yesterday's Minutes, in relation to flag officers, agreed that they and the commanders in chief, distinguished as such, were proper to be inserted in the commissions for trying pirates in the Plantations; whereupon a representation to his Majesty for this purpose was signed.
Representation, Mr. Forbes to be a councillor, signed, as also one for Mr. de Lancey.
A representation, ordered yesterday to be prepared, for recommending Mr. Forbes to be of the Council of Jamaica, in the room of Mr. Pusey, was agreed and signed, as also
Another representation, ordered at the same time to be prepared, for recommending Mr. de Lancey to be of the Council of New York, in the room of Mr. Barberie.
Mr. Smith's memorial, desiring Acts to be considered.
A memorial from Mr. Smith, Secretary to the Province of New
Jersey, desiring the Board to consider the two following Acts,
passed at New Jersey in 1727, was read, viz:—
An Act concerning the acknowledging and registering deeds
and conveyances of land, and declaring how the estate or
right of a femme coverte may be conveyed or extinguished.
An Act for the shortening of law suits, and regulating the
practice and practitioners of the law and other officers.
Mr. Fane's report to be made first.
And their Lordships resolved to take this memorial into further consideration, when Mr. Fane, (to whom these Acts were yesterday sent), shall have made his report thereupon.
November 19. Present:—Mr. Docminique, Sir O. Bridgeman, Sir T. Frankland.
Letter from Mr. Whitaker, Attorney General.
A letter from Mr. Whitaker, Attorney General of South Carolina,
dated the 13th inst., was read, as also the following paper, therein
inclosed, viz:—
Articles about the conduct of the President, to be considered.
Articles relating to the conduct of Arthur Middleton, Esq.,
President of the Council of South Carolina.
And their Lordships resolved to consider further thereof tomorrow morning.
Letter to Colonel Montgomery agreed.
The draught of a letter to Colonel Montgomery, Governor of New York and New Jersey, directed to be prepared the 13th inst., was agreed and ordered to be transcribed.
Letter from Mr. Norris about new duty of 5 per cent. on goods, representation ordered.
A letter from Mr. Norris, in relation to the duty of 5 per cent., lately imposed in Sweden on foreign goods, was read; and ordered that the draught of a representation be prepared, in answer to a letter from the Lord Viscount Townshend upon this subject, mentioned in the Minutes of the 7th of August last.
November 20. Present:—Mr. Docminique, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
The letter to Colonel Montgomery, Governor of New York and New Jersey, agreed yesterday, was signed.
Letter from Mr. Whitaker, Mr. Middleton's behaviour.
Their Lordships taking again into consideration the letter and paper from Mr. Whitaker, Attorney General of South Carolina, mentioned in yesterday's Minutes, in relation to the conduct of Mr. Middleton, President of the Council and Commander in Chief of that Province, gave directions for writing to Mr. Whitaker, and for acquainting Colonel Johnson, late Governor of that Province, with the Board's desire of speaking with him on Tuesday next.
Representation, upon the new duty on goods, signed.
The representation, ordered yesterday to be prepared, upon the Swedish placard, for laying a duty of 5 per cent. upon the importation of foreign commodities into that kingdom, was agreed and signed; as also a letter, for enclosing the same to the Lord Viscount Townshend.
A letter to Major General Hunter, Governor of Jamaica, directed to be prepared the 13th inst., was agreed and ordered to be sent.
Letter from Mr. Worseley, with papers.
A letter from Mr. Worseley, Governor of Barbadoes, dated the
13th of September, 1728, was read, and the papers, therein referred
to, were laid before the Board, viz:—
Minutes of Assembly, from the 13th of July, 1728, to the
29th of August following.
Extract of the Journal of the Council, relating to an Excise
Bill, passed in 1708.
Petition of several gunners and matrosses to the Governor
and Council, praying for their arrears of salary.
Ordered that the draught of an answer be prepared to Mr. Worseley's said letter.
The Secretary laid before the Board the following copies of Orders in Council, which were read, viz:—
Order in Council, approving a representation, Mr. Elliot's petition.
An Order in Council of the 12th of June, 1728, approving a report from this Board on Mr. Elliot's petition, and referring him to the Lords of the Treasury.
Order in Council, Colonel Philipps' memorial.
Order in Council of the 12th of June, 1728, referring to a Committee of Council a representation from this Board, upon Colonel Philipps' memorial concerning the state of Nova Scotia.
Order in Council, approving Colonel Philipps' commission and instructions.
Order in Council of the 25th of July, 1728, approving the draught of a commission for Colonel Philipps to be Governor of Placentia and Nova Scotia.
Order in Council of the 25th of July, 1728, approving a representation from this Board with the draught of Colonel Philipps' instructions.
Mr. Pitt's instructions approved.
Order in Council approving the draughts of instructions for John Pitt, Esq., Lieut. Governor of Bermuda.
Order in Council, approving additional instructions to the Governors about Surveyor General of the Woods.
Order in Council, alterations in the prayers.
Order in Council of the 12th of June, 1728, approving the draughts of additional instructions to the Governors on the Continent of America, directing them to assist the Surveyor General of the Woods and his deputies, in the execution of their offices.
Order in Council of the 12th of June, 1728, approving a representation from this Board, with draughts of instructions for the Governors of his Majesty's Plantations in America, relating to alterations in the prayers for the Royal Family.
Order in Council, trying pirates.
Order in Council of the 6th of November, 1728, approving a report from this Board, with the names of persons to be inserted in the commissions for trying pirates in America.
Order in Council, state of the islands, stores.
Order in Council of the 25th of July, 1728, upon a representation of this Board, about the state of the Bahama Islands, referring the annexed list of stores sent thither, remaining there and wanting, to the Board of Ordnance.
Order in Council, state of the Bahamas.
Order in Council of the 12th of June, 1728, referring to a Committee of Council a representation from this Board upon the state of the Bahama Islands.
Order in Council, Duke of Montagu's petition.
Order in Council of the 12th of June, 1728, referring to a Committee of Council a report of this Board upon the Duke of Montagu's petition to his Majesty for a grant of the Island of Tobago.
Order in Council, Mr. Worseley's instructions.
Order in Council of the 4th of July, 1728, referring a representation from this Board with two draughts of instructions for Mr. Worseley, Governor of Barbadoes, to a Committee of Council.
Order in Council of the 25th of July, 1728, approving a representation of this Board, with two draughts of instructions for Mr. Worseley, Governor of Barbadoes.
Order in Council of the 15th of August, 1728, on a report of this Board upon Mr. Whitworth's petition, relating to an arrear of fees due to him as Secretary of Barbadoes from that government.
Order in Council, draught of an Excise Bill.
Order in Council of the 6th inst., referring to a Committee of Council a representation of this Board against the draught of an Excise Bill prepared by the Assembly of Barbadoes.
Order in Council, confirming Act, fraudulent conveyances.
Order in Council of the 12th of June, 1728, approving a representation of this Board, for confirming an Act, passed at St. Christophers in June, 1727, against convinous and fraudulent conveyances, and for a public registry in St. Christophers.
Order in Council, repealing Act for John Hart, Esq.
Order in Council of the 12th of June, 1728, approving a representation of this Board for repealing an Act, passed in St. Christophers in December, 1727, for repealing an Act for settling the sum of £2,000 per annum on John Hart, Esq.
November 26. Present:—Mr. Docminique, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
Order of the Committee of Council, silk, linen.
An Order of the Committee of Council, dated the 19th inst., directing the Board to lay before them the best informations they can get of any silk, linen or woollen manufactures erected in any of the Plantations, was read; whereupon ordered that Sir William Keith, late Governor of Pennsylvania, Colonel Spotswood, late Lieut. Governor of Virginia, Colonel Shute, late Governor of New England, Colonel Johnson, late Governor of South Carolina, and Mr. Joshua Gee be acquainted that their Lordships desire they will inform the Board what they know concerning this matter, on Friday morning next.
Order in Council, etc., destruction of the woods.
An Order in Council, dated the 5th inst., referring to the Board a letter from the Admiralty, one from the Navy, and another from Mr. Gulston, in relation to the destruction of white pines in New Hampshire, was read; and their Lordships resolved to consider further thereof on Thursday morning next.
An Order in Council of the 6th inst. upon a representation of this Board of the 8th of October last, proposing a new seal to be prepared for the Province of Nova Scotia, was read; and their Lordships ordered that Mr. Rolles, one of his Majesty's engravers, should attend to-morrow morning.
Mr. Whitaker's letter, behaviour of the President.
A letter from Mr. Whitaker, Attorney General of South Carolina, dated at Bristol, the 23rd inst., in answer to one, ordered to be wrote to him at the last meeting, relating to his account of the behaviour of Mr. Middleton, President of the Council of that Province, mentioned in the Minutes of the same time, was read; and their Lordships resolved to consider further thereof to-morrow morning.
Letter from Major Gooch, papers.
A letter from Major Gooch, Lieut. Governor of Virginia, dated
the 9th of August, 1728, was read, and the papers, therein
referred to, were laid before the Board, viz:—
Account of negroes imported, from the 29th of September,
1727, to the 25th of March, 1728.
Account of the imports from the Madera and the Azores for
the same time.
Account of the stores of war in 1728.
Copy of a letter from Major Gooch to the Board of Ordnance.
A letter from him, dated the 26th of August, 1728, was likewise read.
And their Lordships, taking into further consideration the letters from Major Gooch, mentioned in the Minutes of the 8th of October last, and the papers, therein referred to, resolved to reconsider the same at this day 7 night.
Ordered that Lord Baltimore, Mr. Perry, Mr. Carey and Captain Hyde be desired to attend at the same time.
A letter from Sir Richard Everard, Deputy Governor of North
Carolina, dated the 3rd of May last, was read, as also
A copy of the petition and complaint of Samuel Northey,
master of a vessel at North Carolina, in relation to his having
been forcibly detained, and the authority of the justices'
prohibition, in his case denied.
Their Lordships likewise resolved to consider further of this letter on Tuesday sennight.
November 27. Present:—Mr. Docminique, Mr. Bladen, Mr. Cary, Sir T. Frankland.
Mr. Rolles attending, as he had been desired, their Lordships gave him some directions for preparing the draught of a seal for Nova Scotia, pursuant to an Order of Council, mentioned in yesterday's Minutes.
Their Lordships, taking again into consideration the letters from Mr. Whitaker, Attorney General of South Carolina, mentioned in the Minutes of the last two meetings, in relation to the behaviour of Mr. Middleton, President of the Council in that Province, gave directions for preparing the draught of a letter to the Duke of Newcastle thereupon.
Letter from Mr. Keen, fishery.
A letter from Mr. Keen, dated at St. Johns in Newfoundland the (fn. 1), in relation to some hardships the trade and fishery there lye under, was read; and their Lordships resolved to consider this letter again with the draught of a representation upon this subject, mentioned in the Minutes of the 6th instant.
November 28. Present:—Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.
Letter from Mr. Burchet, trying pirates.
A letter from Mr. Burchet, Secretary to the Lords of the Admiralty, desiring a list of the names of those persons, whom the Board proposed to be inserted in the commission to be passed for trying pirates in the Plantations, was read, and a list was accordingly ordered to be transmitted.
Their Lordships then took into consideration an Act, passed at New Jersey in March, 1719, for running the line of partition between the eastern and western divisions, and for preventing disputes concerning the same, and for securing to the general proprietors of the soil of each division their rights and just claims. And after having read Mr. West's report upon this Act, and Mr. Daniel Cox's Caveat against confirming it, their Lordships gave directions for writing to Mr. Cox's brother, (he being at present in New Jersey), to desire he would let the Board know to-morrow morning, what objections he had thereto.
The draught of a representation upon Captain Rogers's commission for the government of the Bahamas, mentioned in the Minutes of the 7th inst., was agreed and ordered to be transcribed.
The draught of a letter to the Duke of Newcastle, directed yesterday to be prepared, upon Mr. Whitaker's account of Mr. Middleton, the President of the Council of Carolina's behaviour, was agreed and ordered to be transcribed.
Their Lordships then took again into consideration the order of the Committee of Council, read the 26th inst., in relation to the waste Committed in his Majesty's woods in New Hampshire, and gave directions for preparing the draught of a representation thereupon.
November 29. Present:—Mr. Docminique, Sir 0. Bridgeman, Mr. Cary, Sir T. Frankland.
Representation Rogers's commission.
The representation upon Captain Rogers's commission for the government of the Bahamas, agreed yesterday, was signed, as also.
A letter, for enclosing the same to his Grace the Duke of Newcastle.
Letter to the Duke of Newcastle.
The letter to the Duke of Newcastle upon Mr. Whitaker's account of the President of South Carolina's behaviour, agreed yesterday, was signed.
Persons attend about silk, linen and wollen manufacture.
Sir William Keith, Colonel Spotswood, Colonel Shute, Colonel Johnson and Mr. Gee attending, as they had been directed, their Lordships desired they would inform the Board whether they knew of any projects for promoting the silk, linen or woollen manufactures in any of the Plantations; whereupon Sir William Keith acquainted the Board, that my Lord Townshend had directed him to put his thoughts in writing upon this subject; and he presented to the Board a copy of it, which was read, as also a letter from him relating to the same matter.
Colonel Spotswood then acquainted the Board that, whilst he was Lieut. Governor of Virginia, some private families had employed their servants in manufacturing wool for their families, but that they never did it, when the returns of tobacco were sufficient to answer their expenses. He added that, during his time, there never was any made for sale.
Colonel Shute said, that some people in New England had done the same for their own use.
Colonel Johnson then acquainted the Board, that he did not think there could be any danger of the people of Carolina's undertaking any manufacture in linen or woollen, if there was any encouragement given to their making naval stores.
Mr. Gee, being asked the same question, informed the Board, that he had heard that some Palatines in Pennsylvania had raised both hemp and flax, and that they had made some linen and sold it at market.
Their Lordships then asked these gentlemen, whether they thought that, if some encouragement was given for the making of naval stores in the Plantations, it would not prevent the manufacturing silk, linen and wool; and they all agreed it would.
These gentlemen being withdrawn, their Lordships took again into consideration the Order of the Committee of Council of the 19th inst., and mentioned in the Minutes of the 26th, directing the Board to lay before them the best informations they can get, of any silk, linen or woollen manufactures erected in any of the Plantations, and gave directions for preparing the draught of a representation thereupon.
The Board then took again into consideration the Act, passed at New Jersey in 1719, for running the line of partition between the eastern and western divisions, and for preventing disputes concerning the same, and for securing to the general proprietors of the soil of each division their rights and just claims; and the Secretary acquainting the Board, that he had endeavoured to find Mr. Cox's brother, according to their Lordships directions, mentioned in yesterday's Minutes, but without effect; their Lordships, considering that this Act had lain by above nine years in this office, and no objections had been offered to the Board against confirming the same, gave directions for preparing the draught of a representation for confirming the said Act.
The Secretary then acquainted the Board, that he had received a letter from Mr. Perry, whom their Lordships had desired to attend next Tuesday, in relation to a lighthouse to be erected at Cape Henry in Virginia, desiring to be excused from coming that day, but signifying that he was ready to wait on the Board at any other time, whereupon their Lordships were pleased to order that Lord Baltimore, Captain Hyde and Mr. Carey, who were desired to attend at the same time, and that Mr. Perry be acquainted that the Board had deferred the consideration of this matter until Wednesday sennight, and were desirous of speaking with them thereupon at that time.