Journal, December 1728: Journal Book E.E

Journal, December 1728

December 3. Present:—Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Virginia.

Maryland.

Lord Baltimore, lighthouse.

The Lord Baltimore attending, the Board acquainted him that by an Act, passed in Virginia in 1728, entituled, An Act for erecting a lighthouse on Cape Henry, a duty of one penny per ton was imposed on all ships trading to that colony, towards defraying the charge of erecting and maintaining the said lighthouse, but that it was not to take place until the king should approve the same, and until the people of Maryland, who will receive an equal benefit with those of Virginia from the said lighthouse, shall have passed an Act, for imposing the same duties on all ships trading there, for the same purpose; and therefore desired his Lordship would consult the Maryland merchants upon this subject, and let the Board have his and their sentiments thereupon, as soon as may be, which his Lordship accordingly promised.

New Jersey.

Representation, partition Act, agreed.

The draught of a representation for confirming an Act, passed in 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, directed to be prepared at the last meeting, was agreed and ordered to be transcribed.

Plantations General.

Representation, linen manufactures, agreed.

The draught of a representation to the Lords of the Committee of Council, directed to be prepared at the last meeting, in relation to manufactures of linen, silk or woollen carried on in the Plantations, was agreed and ordered to be transcribed.

Newfoundland.

Letter from Mr. Keen about a prisoner sent over for murder.

A letter from Mr. Keen, dated at St. Johns in Newfoundland, the 3rd of October, 1728, in relation to a prisoner sent over for murder, and to the want of some persons to administer justice there during the winter, was read; and ordered that this letter be again considered, with that from him, read the 27th of the last month, when the representation, relating to the trade and fishery of Newfoundland, mentioned in the Minutes of the same day, shall be agreed.

South Carolina.

The President's behaviour.

A letter from Mr. Whitaker, Attorney General of South Carolina, dated the 26th of November, 1728, in relation to his account of the behaviour of the President and Commander in Chief of that Province, was read.

New Hampshire.

Representation, waste in the woods, persons summoned.

The Board then took into consideration the draught of a representation, relating to the waste committed in the woods, and to the necessity of building a fort at Casco Bay, in the Province of Maine, ordered to be prepared the 28th of the last month, and gave directions for acquainting Sir Jacob Ackworth, one of the Commissioners of the Navy, and Mr. Ralph Gulston, contractor for New England masts, that the Board desires to speak with them on Tuesday next upon this subject.

December 4. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Newfoundland.

Trade and fishery.

Their Lordships took again into consideration the draught of a representation, in relation to the trade and fishery of Newfoundland, mentioned in the Minutes of the 6th of the last month, and made a progress therein.

December 5. Present:—Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

New Jersey.

Representation, partition Act, signed and

The representation for confirming 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, agreed the 3rd inst., was signed, as also

Plantations General.

Representation, linen manufactures, etc.

The representation to the Lords of the Committee, in relation to manufactures in the Plantations, agreed at the same time.

December 9. Present:—Mr. Docminique, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

Civil government.

An Order of the Committee of Council, dated the 4th inst., referring to the Board several papers, relating to the establishment of a civil government at Gibraltar, was read, as also the said papers, viz:—
Mr. Attorney and Solicitor General's report upon this this subject.
A scheme of the trade carried on at Gibraltar, with some account of duties, proposed to be laid upon several commodities imported there, by Mr. William Hayles, merchant.
Letter from Mr. Woolley, Secretary to the East India Company, dated the 12th of January, 1721, in relation to that Company's settlement at Fort St. George.
Copy of the incorporation of the city of Tangier.
Proceedings of the Council about Tangier, from 1661 to 1684.

Persons summoned.

Ordered that the Lord Portmore, Colonel Kane, Sir Charles Wager, Sir William Willis, Mr. Conduit, Mr. Beaver and Mr. Mocatta, be desired to attend the Board upon this subject tomorrow morning.

December 10. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

They attend.

The Earl of Portmore, Colonel Kane, Sir William Willis, and some other gentlemen attending, as they had been desired, their Lordships took again into consideration the Order of the Committee of Council, relating to the establishment of a civil government at Gibraltar, mentioned in yesterday's Minutes; and after some discourse thereupon, their Lordships agreed upon the following queries, to which they desired an answer from these gentlemen on Thursday morning next.

1. What are the present number of inhabitants of Gibraltar, exclusive of the garrison?

2. Of what countries are they?

3. In what branches of commerce are they chiefly conversant ?

4. What are the commodities annually imported there, from whence, and in what quantities ?

5. Are the inhabitants increased or diminished of late, and for what reasons ?

6. What are the grievances they principally labour under, and what may be the proper cure ?

7. What effect has the judicature at present established there ?

8. Is it effectual, if not, for what reasons ?

9. What number of houses are there ?

10. In what condition are they?

11. By whom are they possessed, and under what titles?

12. What fines, rents or quit rents do they pay, and to whom?

13. What quantity of ground, by estimation, does there remain proper to be built upon?

14. What taxes, duties or impositions are laid, demanded or paid upon goods or provisions imported and exported to and from Gibraltar, if any, by what authority, and what fines are paid for licences to retail provisions or any other commodities?

15. Are there any duties demanded or paid for the liberty of anchorage?

16. What number of ships anchor in this port, communibus annis, and of what nations?

Mr. Mocatta attending, as he had been desired, he presented to the Board a scheme for establishing the trade at Gibraltar, and diminishing the charge to the Crown, and the same was read.

New Hampshire.

Persons attend, waste in the woods.

Sir Jacob Ackworth and Mr. Fawler, two of the Commissioners of the Navy, attending, as they had been desired, with Mr. Gulston, the contractor for New England masts, their Lordships took again into consideration the Order in Council, referring to this Board several letters, in relation to the destruction of white pines in New Hampshire, read the 26th of the last month, and after some discourse thereupon, their Lordships ordered a copy of that part of the Bill for the better and more effectual preservation of his Majesty's woods in America, mentioned in the Minutes of the 20th of March last, which relates to this subject, be given to these gentlemen for their observations thereon.

December 11. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Virginia.

Maryland.

Persons attend, lighthouse.

The Lord Baltimore, Colonel Spotswood, Mr. Alderman Perry, and several other gentlemen, concerned in the trade to Virginia and Maryland, attending, as they had been desired, with Captain Pierce, some time commander of one of his Majesty's ships of war upon the Virginia station, and some captains of merchant ships trading to those colonies, their Lordships took into consideration the Act, passed in Virginia in 1727, for erecting a lighthouse on Cape Henry, and Mr. Fane's report thereupon, which was read, as also

A letter from Mr. Robert Carey, dated this day, signifying his not being able to attend the Board, as he had been desired, and that he believes the Virginia merchants will not oppose the erecting this lighthouse, if the Maryland merchants will agree to the same duty, as that proposed by the aforesaid Act.

Mr. Alderman Perry then presented to the Board a paper, containing some reasons against the said Act, which was read.

And their Lordships, after some discourse with these gentlemen upon this subject, agreed to consider thereof at another opportunity.

Massachusets.

Letter from Mr. Burnet and papers.

A letter from Mr. Burnet, Governor of the Massachusets Bay, dated the 26th of October last, was read; and the papers, therein referred to, were laid before the Board, viz:—
Copy of a resolve at a meeting of the freeholders at Boston, in relation to the settling a salary on Mr. Burnet.
Votes of the Assembly, from the 26th of September, 1728, to the 24th of October following.

Barbadoes.

St. Lucia.

Sugar trade.

The Secretary then laid before the Board the copy of a letter from Mr. Bennet to the Duke of Montagu, dated at Barbadoes, the 14th of September last, in relation to the danger the sugar trade and the Charribee Islands will be exposed to, if the French should take possession of St. Lucia, and their Lordships resolved to consider further thereof to-morrow sennight.

December 12. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

Colonel Kane attending, he presented to the Board his answers to the several questions in relation to Gibraltar, mentioned in the Minutes of the 10th inst., which were read, as also

The answer to the same queries from two other gentlemen.

Civil government.

Their Lordships then took into consideration the Order of the Committee of Council, relating to the establishment of a civil government at Gibraltar, read the 9th inst., and resolved to proceed further thereon to-morrow morning.

December 13. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

Representation, civil government.

Their Lordships took again into consideration the several papers, mentioned in yesterday's Minutes, in relation to Gibraltar, and gave directions for preparing the draught of a representation thereupon.

December 14. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

Agreed.

The draught of a representation, directed yesterday to be prepared, in relation to the establishing a civil government at Gibraltar, was agreed and ordered to be transcribed.

December 16. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

Representation, civil government.

The representation agreed at the last meeting, in relation to the establishment of a civil government at Gibraltar, was signed.

December 17. Present:—Mr. Pelham, Sir O. Bridgeman, Mr. Cary.

Number of British subjects there.

A letter from Colonel Kane, dated the 16th of December, 1728, relating to the number of British subjects in Gibraltar, was read.

Antigua.

Letter from the Lord Londonderry with papers and an Act.

A letter from the Earl of Londonderry, Governor of the Leeward Islands, dated at Antego, the 30th of September, 1728, was read; and the papers, therein referred to, were laid before the Board, viz:—
List of persons to supply vacancies in the Council.
Minutes of Council, from the 11th of December, 1727, to the 17th of August, 1728.
An Act for making a settlement on the Earl of Londonderry during his government of the Leeward Charribbee Islands in America and personal residence in any part thereof, and for raising a fund to answer the said settlement, and for granting a thousand pounds to him in consideration that no benefit can accrue to him by the said settlement for a considerable time to come. Passed at Antego the 21st September, 1728.

Act sent to Mr. Fane.

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

December 18. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

Trade.

Gibraltar.

Order of the Committee of Council, instructions for a governor and surveyor, computation of charges to erect civil government.

An Order of the Committee of Council, dated the 16th inst., directing the Board to prepare a draught of instructions for the Governor of Gibraltar, and a draught of instructions for a surveyor to be appointed for that place, in consequence of the Board's report of this day's date, and also to lay before the Committee a computation of the charges, that will attend the erecting a civil government there, and propose in what manner the same may most conveniently be raised, was read; and their Lordships resolved to consider further thereof to-morrow morning.

Newfoundland.

Trade and fishery, Act sent to Mr. Fane.

Their Lordships then took again into consideration the draught of a representation, relating to the trade and fishery of Newfoundland, mentioned in the Minutes of the 4th inst., and the Act passed in the 10th and 11th of King William the 3rd, to encourage the trade to Newfoundland; but some doubts arising, with respect to property in the stages, houses, etc., ordered that a letter be writ to Mr. Fane, for his opinion in point of law, concerning the property given by the 7th article of this Act.

Massachusets.

Letter and papers from Mr. Burnet.

The letter and papers from Mr. Burnet, Governor of the Massachusets Bay, mentioned in the Minutes of the 11th inst., being again laid before the Board, their Lordships resolved to proceed further in the consideration thereof, when the said Act, passed in that Province in 1727, for emitting £60,000 in bills of credit, mentioned in Mr. Burnet's said letter, to be transmitted by the Secretary, shall arrive.

December 19. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Barbadoes.

Leeward Islands.

Plantations General.

Danger of the sugar trade.

Their Lordships, taking again into consideration the copy of a letter from Mr. Bennet to the Duke of Montagu, in relation to the danger the sugar trade and the Charribbee Islands will be exposed to, if the French should take possession of St. Lucia, mentioned in the Minutes of the 11th inst., agreed and signed a letter, for inclosing the same to the Duke of Newcastle.

Newfoundland.

Mr. Fane's report, Act.

Mr. Fane's report upon a clause in the Newfoundland Act, mentioned in yesterday's Minutes, was read, as were also

Two letters from Mr. Keen, miserable condition of the inhabitants.

Two letters from Mr. Keen, dated at Newfoundland the 30th of October, 1728, relating to the miserable condition the inhabitants there are in, for want of a proper authority to punish offenders, were read; and the papers, therewith transmitted, were laid before the Board, viz:—
Papers.
Two orders of the Lord Vere Beauclerk, dated on board the kinsale, the 12th of September and 4th October, 1728, upon a complaint of Mr. John Jenkins, who had his house pulled down.
Mr. Jenkins's letter to Mr. Keen upon this subject.

Trade and fishery.

A letter from the mayor and principal inhabitants of Barnstaple, relating to the trade and fishery of Newfoundland, was read, as likewise the undermentioned paper, therewith transmitted,
The petition of the merchants and others of Barnstaple and Bideford, trading to Newfoundland, setting the griveances the fishery there labours under, on account of the arbitrary proceedings of Colonel Gledhill, as likewise the copy of an affidavit, to prove the allegations of the said petition.

Representation agreed.

And their Lordships taking again into consideration the draught of a representation, relating to the trade and fishery of Newfoundland, mentioned in yesterday's Minutes, the same was agreed, and ordered to be transcribed.

December 20. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Sir T. Frankland.

Trade.

Gibraltar.

Order of Council, for persons to be magistrates.

Persons summoned.

An Order of the Committee of Council, dated the 16th inst., directing the Board to send a list of persons proper to be named for magistrates, to be appointed for Gibraltar, was read, and their Lordships, taking again into consideration the Order of the Committee of Council directing the Board to prepare a draught of instructions for the Governor of Gibraltar, etc., read the 18th inst., gave directions for acquainting Lord Portmore, Colonel Kane and several Spanish, Portugal and Barbary merchants, that the Board desire to speak with them on Tuesday sennight.

Newfoundland.

Representation signed.

The representation, agreed yesterday, in relation to the trade and fishery of Newfoundland, was signed.

December 31. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Gibraltar.

A letter from the Earl of Portmore, and another from Colonel Kane, in answer to those wrote to them the 20th inst., in relation to the settling a civil government at Gibraltar, were read.

Portugal merchants attend.

Sir William Chapman, Sir John Lambert, and some other Spanish, Portugal and Barbary merchants attending, as they had been desired, their Lordships asked them, whether they had thought of a proper person to be appointed mayor, and of others to be appointed aldermen and common council men of Gibraltar, as they had been desired by the Secretary's letter to them of the 20th inst., and likewise whether they had considered how to raise a fund for defraying the expenses of a civil government to be established there; Sir William Chapman then acquainted the Board, that the several merchants, having met and considered the questions proposed by their Lordships, had directed him to desire a copy of the charter, as prepared by the Board, that they might better be able to make a satisfactory answer; but that in the meantime, they had unanimously agreed to recommend to their Lordships Mr. Richard Holroide, an inhabitant of Gibraltar, to be the first mayor.

Their Lordships then ordered a copy of the said charter to be sent to these gentlemen, and desired they would attend again this day sennight.

Mr. Beaver attending, presented to the Board a list of such persons, as he thought proper to supply the aforementioned offices, which was read; and he promised to attend again on Friday next, with a scheme, which he had prepared, for raising a fund in Gibraltar, for defraying the expense of a civil government there.

Virginia.

Farrer's Act sent to Mr. Fane.

The Secretary then acquainted the Board, that Mr. Randolph, clerk of the Council in Virginia, desired their Lordships would please to consider and report their opinion upon the Act, passed in Virginia in 1728, to enable William Farrer and Thomas Farrer to sell and convey certain entailed lands, and for settling other lands and negroes of greater value to the same uses; whereupon ordered that the said Act be sent to Mr. Fane, for his opinion thereupon in point of law.

Plantations General.

Pennsylvania.

Letter from Lord Townshend.

Representation, Sir william Keith, state of the Plantations.

A letter from the Lord Viscount Townshend, dated the (fn. 1) referring to the Board a representation from Sir William Keith, late Deputy Governor of Pennsylvania, in relation to the state of the Plantations, with proposals for remedying some defects in the government thereof, and likewise proposing a revenue to be raised there, was read; and their Lordships resolved to consider further thereof at another opportunity.