Journal, April 1731: Journal Book H.H

Journal, April 1731

April 1. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Sir A. Croft.

Virginia.

Mr. Stauber, etc.

Petition about a colony.

Sir William Keith to put into writing the petitioners' proposal.

Mr. Stauber, Mr. Harlan, Mr. Gould and Mr. Ochs attending, with Sir William Keith, their Lordships took again into consideration their petition concerning a colony on the back side of Virginia, read the 30th of the last month, and after some discourse with them thereupon, Sir William was desired to put into writing what the petitioners had to propose, with respect to their intended settlement, which he promised accordingly.

Bermuda.

Letter from the Governor, with papers and Acts.

A letter from Capt. Pitt, Governor of Bermuda, dated the 12th of December, 1730, was read, and the papers, therein referred to, were laid before the Board, viz:—
Votes of Assembly, from the 4th of August, 1729, to the 24th of June, 1730.
Proceedings on the trial of Timothy Tynes for piracy in 1730.
Five Acts, passed in 1729–30 and 1730.

Acts sent to Mr. Fane.

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

Plantations General.

The Secretary then laid before the Board copies and extracts of several papers collected, pursuant to the Order of the House of Commons, for this Board to lay before the House, what accounts Woollen, linen and cotton cloths.
Hemp and flax.
or informations they have received of the manufacturing or making of woollen, linen and cotton cloths in New England, New York, New Jersey, Pennsylvania and Rhode Island, and what directions or instructions have been given to the several Governors thereupon; and also an account of what progress, they are informed any of the said provinces have made, in the planting of hemp, and flax, read the 16th of the last month, and a list thereof, which their Lordships having considered, Mr. Docminique was desired to lay the same before the House.

Plantations General.

Trade.

Ireland.

Order of the House of Commons.

Unenumerated commodities.

Mr. Docminique lays them before the House.

An Order of the House of Commons, dated the 31st of March last, requiring this Board to lay before the House a copy of their report, dated the 18th of March, on the petition of the merchants and traders of the city of Dublin, concerning the importation of unenumerated commodities from His Majesty's plantations in America into Ireland, was read, and the Secretary laying before the Board a copy of the said report, Mr. Docminique was likewise desired to lay the same before the House.

April 2. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Bahamas.

Queries to Mr. Hyde.

Mr. Hyde attending, and acquainting the Board that his father, who had been desired to attend this morning, was not well, their Lordships agreed upon the following queries, and ordered they should be sent to Capt. Hyde for answers thereto.

1st. What quantities of land are disposed of by the lessees? to whom? and for what term?

2nd. What is the reserved rent.?

3rd. What the lessees value their lease at?

4th. What do the lessees annually pay to the proprietors?

5th. What arrear is there of that payment?

New York.

Letters from the Governor, with papers and Acts.

The two following letters from Col. Montgomerie, Governor of New York, were read, and the papers, therein referred to, were laid before the Board, viz:—

A letter from him, dated the 22nd of May, 1730.

A letter from him, dated the 21st of December, 1730.
Copy of a letter from the Indian Commissioners at Albany to the Governor of New York.
Representation of the Council and Assembly of New York to the Board, relating to the Indian trade, and to several Acts of that province lately repealed.
Thirteen public and six private Acts, passed in 1730.

Acts sent to Mr. Fane.

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

South Carolina.

Letter to the Governor.

The letter to Col. Johnson, Governor of South Carolina, agreed the 31st of the last month, was signed.

New Hampshire.

Commission for Colonel Dunbar, Lieutenant Governor.

The Secretary then laid before the Board a commission appointing Col. Dunbar, Lieut. Governor of New Hampshire, in consequence of their letter to the Duke of Newcastle, of the 10th of February last, and the same being read, was ordered to be entered in the books of this office.

April 6. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.

Barbadoes.

Order of the House of Commons for a copy of the Act, duty on sugars; and the Governors' 96th instruction.

An Order of the House of Commons, dated the 5th of this month, requiring this Board to lay before the House a copy of the Act, passed in Barbadoes the 21st day of March, 1715, laying an imposition or duty on all sugar, molasses, rum, etc., imported into that island, which are not the natural product, growth and manufacture of some of His Majesty's colonies, together with His late Majesty's Order in Council of the 17th of October, 1717, confirming the same, and also the 96th instruction given to Henry Worseley, Esq., Governor of Barbadoes, was read, and directions were given for preparing copies accordingly.

Newfoundland.

Mr. Clinton appointed Governor.

A letter from the Duke of Newcastle, dated the 5th inst., signifying the King's appointment of the Hon. George Clinton. Esq., Governor of Newfoundland, and requiring this Board to prepare the draughts of a commission and instructions for him, was read, and directions were given for preparing the draughts of a commission and instructions accordingly, and for acquainting Mr. Burchet therewith.

Nova Scotia.

Order in Council, settlement of the province, instructions.

An Order of the Committee of Council, dated the 30th of March last, directing this Board to prepare a draught of instructions, with regard to the more speedy and better settling Nova Scotia, was read, and directions were given for preparing the draughts of instructions accordingly.

Virginia.

Sir William Keith, with Mr. Stauber, about grant of land.

Sir William Keith attending, with Mr. Stauber and the other gentlemen, who petitions for a grant of land behind the Great Mountains of Virginia, their proposals for settling the tract were read, as also Sir William Keith's opinion thereon, and their Lordships agreed to consider further thereof at another opportunity.

April 7. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Barbadoes.

Papers laid before the House of Commons.

The Secretary laid before the Board the following papers, required by the Order of the House of Commons, read yesterday, and Mr. Docminique was desired to present them to the House, viz:—
Copy of an Act, passed in Barbadoes in March, 1715, laying an imposition or duty on sugars, molasses and rum, etc.
Copy of His Majesty's Order in Council the 17th October, 1717, confirming the said Act, and the
Copy of the 96th instruction given to Mr. Worseley, Governor of Barbadoes.

Bahamas.

Letter from Capt. Hyde.

Answer to queries.

A letter from Capt. Hyde, with his answer to the queries sent him the 2nd inst., was read, and directions were given for writing to him, to desire a copy of the lease of the Bahamas from the Lords Proprietors.

New York.

Order in Council.

Rulgers' petition for a grant of the swamp.

An Order in Council, dated the 28th of January last, referring to the Board a petitions of Anthony Rutgers of New York, praying for a grant of a piece of ground called the Swamp, was read, and Mr. Drummond, agent for Col. Montgomerie, Governor of New York, attending, acquainted the Board that the Governor was of opinion the draining of the said Swamp would be of service to the City of New York. Mr. Sharpe, in behalf of Mr. Rutgers, likewise attending, said that the petitioner was willing to be obliged to drain the said Swamp in any reasonable time that the Board should appoint, and to pay a quit rent for the same. He then presented to the Board the affidavit of George Montgomerie, Thomas Wildman, and Moses Buchanan, setting forth of what pernicious consequence the said Swamp is to the Inhabitants, who live near it, which was read, and their Lordships agreed to consider further thereof on Friday morning next.

Fort at Oswego.

Their Lordships likewise resolved to consider at the same time the several New York papers, read the 2nd instant, relating to the fort at Oswego, and gave directions that several merchants trading to New York should be desired to attend at the same time.

April 8. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

New York.

Letter from the agent about the swamp.

A letter from Mr. Drummond, agent to Col. Montgomerie, Governor of New York, was read, signifying the Governor's approving Mr. Rutgers' proposal of draining the Swamp there, according to his petition, read yesterday.

April 9. Present:—Mr. Docminique, Mr. Ashe, Sir O. Bridgeman.

New York.

Fort at Oswego.

Mr. Leheup, agent for New York, attending, as he had been desired, with Mr. Stork, Mr. Janeway, Mr. Baker and Mr. Lowe, merchants trading to that province, and Sir Wm. Keith; Mr. Leheup presented to the Board the copy of a letter from the Speaker of the Assembly, relating to the fort at Oswego, which being read, as also a letter from Col. Montgomerie, Governor of New York, to the Secretary, dated the 21st of December last, upon the same subject, their Lordships took again into consideration the letters and papers from Col. Montgomerie, relating to the fort at Oswego in that province, mentioned in the Minutes of the 2nd inst., and desired the opinion of these gentlemen, which they thought the most proper way of supporting a fort so necessary for the protection of the Indian trade, since the Assembly had resolved to be at that charge only for the current year; to which they replied that, upon the information, which the agent had given them of this matter, they have had several meetings to consider thereof, and that as they were now of opinion that the fort was of great consequence, they thought it ought to be supported: that there were many objections to the laying of duties on such European goods as were usually sold to the Indians, but that if an Act was passed at New York to lay an annual imposition upon the Indian traders and to prohibit all, who should not pay the same, from trading with the said Indians, or if a duty was laid on all peltry bought from the Indians and imported into Albany, they should have no objection thereto, provided the said imposition, or the said duties, should not be higher than were absolutely necessary for defraying the charge of the said fort, and that all forfeitures and penalties to be incurred by the proposed Act be applied to the use of the fort.

These gentlemen being withdrawn, ordered that in the next letter to Col. Montgomerie, he be acquainted with what is now proposed.

April 13. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Brudenell.

Order of the House of Commons.

Copy of the Act, selling strong liquors, sent.

An Order of the House of Commons, dated the 10th inst., requiring this Board to lay before the House the copy of an Act, passed in New York in 1731, to prevent selling or giving of rum or other strong liquors to the Indians in the county of Albany, was read; and the copy thereof being laid before the Board, Mr. Docminique was desired to present the same to the House.

April 14. Present:—Mr. Bladen, Mr. Ashe, Sir A. Croft.

Newfoundland.

Capt. Clinton's commission and instructions considered.

Their Lordships taking into consideration the draught of a commission and instructions, ordered to be prepared the 6th inst., for Capt. Clinton, appointed Governor of Newfoundland, gave directions that Capt. Clinton should be desired to attend the Board to-morrow seven-night.

Connecticut.

Letter to the Governor.

The letter to Mr. Talcot, Governor of Connecticut, in answer to one from him, read the 31st of the last month, was agreed, and ordered to be sent.

April 21. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe.

Jamaica.

Order in Council about the re-admission of Mr. Ayscough.

Report ordered.

An Order of the Committee of Council, dated the 14th inst., referring back that part of this Board's report proposing that Mr. Ayscough should not be re-admitted to the Council of Jamaica till a vacancy happens, was read; and directions were given for preparing the draught of a report thereon.

Letter from the Governor, with a paper.

A letter from General Hunter, Governor of Jamaica, dated the 11th of February, 1730–1, was read, and the paper, therewith transmitted, was laid before the Board.
Major General's Hunter's speech to the Assembly;

Sent to Duke of Newcastle, and Secretary at War.

And directions were given for preparing draughts of letters to the Duke of Newcastle and to the Secretary at War, for enclosing copies of General Hunter's said letter.

April 22. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir A. Croft.

Newfoundland.

Governor's commission and instructions agreed.

Capt. Clinton, Governor of Newfoundland, attending, as he had been desired, their Lordships took again into consideration the draughts of his commission and instructions, mentioned in the Minutes of the 14th inst., and after some discourse with these gentlemen thereupon, they were agreed and ordered to be transcribed.

Jamaica.

Governor's letter sent to the Duke of Newcastle, and Secretary at War.

The letter, for enclosing to the Duke of Newcastle a copy of one from General Hunter, Governor of Jamaica, ordered at the last meeting, was agreed and signed.

The letter, for enclosing a copy of the same letter from General Hunter to Sir William Strickland, Secretary at War, was likewise agreed and ordered to be sent.

Nova Scotia.

Report, Colonel Phillips and Colonel Dunbar about granting lands, etc.

The report to the Lords of Committee, with the draught of instructions for Col. Phillips and Col. Dunbar, in relation to the granting of land in Nova Scotia, agreed the 6th inst., was signed.

Jamaica.

Re-admission of Mr. Ayscough.

The draught of a report to the Lords of the Committee of Council upon their Lordships' order, referring back that part of this Board's report, proposing that Mr. Ayscough should not be re-admitted to the Council of Jamaica till a vacancy happens, directed yesterday to be prepared, was agreed and ordered to be transcribed.

April 23. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir A. Croft.

Newfoundland.

Heads of Inquiry.

A letter from Mr. Burchet, dated the 22nd inst., acquainting the Board that the Lords of the Admiralty have no objection to the incorporating the usual heads of inquiry to the commodore of the Newfoundland station, into the instructions, which are to be given to Capt. Clinton from His Majesty, was read.

Captain Clinton's commission and instructions

A representation with the draught of a commissions and instructions for Capt. Clinton, Governor of Newfoundland, directed to be prepared the 6th inst., was signed, as also

sent.

A letter to the Duke of Newcastle, enclosing the said representation, draughts of commission and instructions to be laid before His Majesty.

Jamaica.

Mr. Asycough to be restored.

The report of the Lords of the Committee of Council in relation to Mr. Ayscough being restored to the Council of Jamaica, agreed yesterday, was signed.

New York.

Following papers to be laid before the House of Lords.

An Order of the House of Lords, dated the 15th inst., was read, requiring this Board to lay before the House:

An extract of a report from Cadwallador Colden, His Majesty's Surveyor in New York, so far as the same relates to the navigation of the River Canada.

Massachusetts.

An extract of this Board's report of His Majesty in 1721, so far as the same relates to the trade carried on between New England and the Foreign sugar colonies in America, under the title of Massachusetts Bay.

The copy of an Act, passed in New England in the year 1694, entitled, An Act for the better rule and government of the Indians in the several places and plantations.

Barbadoes.

The copy of an Act, passed in Barbadoes the 21st of March, 1715, laying an imposition or duty on all sugars, molasses, rum, etc., imported into the Island, which are not the natural product, growth and manufacture of some of His Majesty's colonies, together with His late Majesty's Order in Council of the 17th of October, 1717, confirming the same. And also the 96th instruction given to Henry Worseley, Esq., Governor of Barbadoes.

And orders were given for preparing copies of the said papers accordingly.

April 27. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir A. Croft.

Massachusetts.

New York.

Jamaica.

Barbadoes.

Papers laid before the House of Lords.

An Order of the House of Lords, dated the 24th inst., requiring this Board to lay before the House the Journal of the House of Representatives for the Massachusetts Bay, for the two last sessions, ending before the first of January last past, and also such Act or Acts of Assembly of the Massachusetts Bay, which lay a higher or different duty on goods imported in ships not of the building of or belonging to the people of the Massachusetts Bay, was read; and the Secretary laying before the Board the said papers, as also the copies of those ordered at the last meeting, their Lordships gave directions that he should lay them before the House.

April 28. Present:—Mr. Bladen, Mr. Ashe.

New England.

Sir Bibye Lake's petition, tract of land.

An Order of the Committee of Council, dated the 14th inst., referring to this Board, for their consideration, the petition of Sir Bibye Lake and others, setting forth their right to a large tract of land in New England, and praying that orders may be given to Col. Dunbar, Surveyor General of the Woods, not to molest them in their settlements on that tract of land, was read, whereupon ordered that Mr. Paxton be desired to attend the Board to-morrow morning.

April 29. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman.

Bermuda.

The Lieutenant Governor desires an allowance in lieu of the whale fishery.

An Order of the Lords of the Committee of Council, dated the 14th of April, 1731, referring to this Board the petition of Mr. Noden, agent to Mr. John Pitt, Lieutenant Governor of Bermuda, setting forth that out of the profits arising by licenses granted for the whale fishery, the said Lieut. Governor had about £100 per annum in part of his salary: that the same is now taken away, and praying that an equivalent may be allowed to the said Lieut. Governor, was read, and their Lordships gave directions for preparing the draught of a report thereupon.

New England.

Sir Bibye Lake and Mr. Waldoe's petition, tract of land, sent to the Attorney General.

Mr. Paxton attending, as he had been desired, their Lordships took again into consideration the petition of Sir Bibye Lake, read yesterday, as also the petition of Mr. Waldoe, mentioned in the Minutes of the . . . . . ., both petitions relating to a right to land in New England, and to orders being given to Col. Dunbar not to molest them in settling the same; and after some discourse with Mr. Paxton thereupon, directions were given for referring them to Mr. Attorney and Solicitor General, for their opinion in point of law, concerning the right claimed by the said petitioners.

April 30. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Pennsylvania.

Mr. Brown's complaint.

An Order of the Committee of Council, dated the 14th inst., directing this Board to lay before the Committee such papers and proofs as shall be transmitted to the Board, relating to the complaint made by Mr. Browne, Judge of the Court of Admiralty in Pennsylvania, against the Deputy Governor and Chief Justice of that province, was read.