Journal, December 1752: Volume 60

Journal, December 1752

Tuesday, December 5. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane.

New Hampshire.

New York.

Read a letter from Mr. Tomlinson, agent for the province of New Hampshire, to Mr. Pownall, dated the 2nd instant, desiring he would acquaint the Board that he was unable to attend their lordships on this day upon the affair relative to the boundary line between New Hampshire and New York being confined to his house by an indisposition, and therefore prayed their lordships that some day next week might be appointed for that purpose.

Ordered that the consideration of this affair be postponed till Tuesday next, and that the Secretary do acquaint Messrs. Bollan and Charles, agents for the province of New York and the Massachusets Bay, therewith.

New Jersey.

Read a letter from Mr. Paris to Mr. Pownall, dated the 2nd instant, desiring he would move their lordships to appoint some day after Christmas for taking into consideration an Act passed in New Jersey for running the line of partition between that province and the province of New York when he shall be ready to be heard by his counsel upon it.

Ordered that the said Act be taken into consideration on the first Tuesday in February next and that the Secretary do give notice to the parties accordingly.

Nevis.

Read a letter from Mr. Paris to Mr. Pownall, dated the 2nd instant, desiring he would move the Board to postpone making their report upon the Act passed in the Island of Nevis for repealing an Act to prevent Papists settling in the said island, he having received further instructions from the Island concerning the said Act and daily expecting further proofs to lay before the Board to induce them to postpone the repeal thereof.

Jamaica.

Read two reports of Mr. Lamb upon thirty seven Acts passed in the Island of Jamaica in the years 1750 and 1751.

Their lordships taking the said Acts into consideration made some progress therein and agreed further to consider thereof to-morrow morning.

Ordered that Mr. Forbes, Provost Marshall of the Island of Jamaica, have a copy of the Act passed in that Island for regulating the Provost Marshal's proceedings, and also of Mr. Lamb's report upon it.

Miscellanies.

The Secretary having acquainted the Board that Mr. William Campion, late one of the clerks of this office, was deceased, Mr. Pitt recommended Mr. John Peacock to supply the vacancy occasioned thereby and directions were given for his being admitted accordingly.

Wednesday, December 6. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin.

Jamaica.

Their lordships pursuant to the preceding minutes, took into further consideration the laws of Jamaica mentioned therein, and having gone through the same came to the following resolutions, viz:—

That the following Acts be sent to his Majesty's Attorney and Sollicitor-General for their opinion thereupon, viz:—
An Act for making good and wholesome provisions for raising and establishing the credit of this Island and repealing of an Act intituled a Supplemental and Explanatory Act.
An Act for providing that all the judges of the Supreme Court of Judicature of this Island shall hold their offices quam diu se bene gesserint.
An Act for choosing the members of the Assembly of this Island by ballot and for the more effectual preventing abuses and indirect practices in elections.
An Act for explaining An Act for the further quieting possessions and regulating resurveys and for establishing reputed boundaries.
An Act for appointing Commissions of nisi prius and enlarging the jurisdiction of the justices of the peace in matters of debt.

That the draught of a representation to his Majesty be prepared proposing the confirmation of the two following Acts, viz:—
An Act for giving the same allowances to new comers who shall take up and settle lands within the parish of Portland, as those new comers are entitled to who have taken up lands at or near Normans Valley or at or near Manchionel Harbour by virtue of an Act intituled An Act for introducing of white people into this island for subsisting them for a certain time and providing them with land that they may become settlers.
An Act to make the copies and transcripts of plots, plot books and other records in the office of Clerk of the Patents and Register in Chancery, valid, legal and effectual records.

That the following Acts do lye by probationary, viz:—
An Act for continuing and explaining an Act for the assaying of gold and silver wares and bullion.
An Act to compell all persons that ship sugars from this Island to Great Britain or any foreign market to pay freight for the same by weight and to prevent owners and masters of vessels from agreeing for the freight of such sugars in any other manner.
An Act for appointing standard weights to be kept at sundry places near the out ports of this Island and to oblige the persons keeping such weights and the clerks of the market to prove all weights by the standard at stated times.
An Act for appointing John Sharpe of the Middle Temple, London, Esquire, agent in Great Britain to sollicit the passing of laws and other publick affairs of this Island and impowering certain members of the Council and Assembly during the intervals of Assemblies from time to time, as occasion shall be, to give instructions for such his management.
An Act for repealing of two several Acts, the one intituled An Act for the ease of the inhabitants of the parish of St. James, passed in 1733. And the other intitled An Act for the ease of the inhabitants of the parish of St. James and appointing the place for holding the courts of Quarter Session, Common Pleas and other publick business of the parish. passed in 1736.
An Act for the more effectually carrying into execution an Act intitled An Act for the laying out a road from Pepper Plantation over May Day Hills in the parish of St. Elizabeth to St. Iago Savanna, in the parish of Clarendon.
An Act to establish the credit of foreign bills of exchange by compelling the payment of interest thereon after judgment.
An Act for the admitting the evidence of slaves against slaves for crimes by them committed on the high seas.
An Act to encourage the breed of good and large horses.
An Act for laying out, making and repairing a road from Chesterfield Plantation in the parish of St. Elizabeth through Montpelier Plantation, belonging to Francis Sadler Halse, Esquire, to the North Sea.
An Act to impower and oblige the inhabitants of the parish of St. John to mend and keep in repair the road from the town of St. Iago de la Vega through the Savanna to the foot of the Red Hills leading to Guinaboa in the parish of St. John, etc.
An Act for explaining, amending and rendring more effectual an Act intitled An Act for settling the Militia.
An Act for the better order and government of the negroes belonging to the several negroe towns and for preventing them from purchasing of slaves.
An Act for establishing Commissioners for settling the publick accounts.
An Act for the better regulating of the probate of deeds and conveyances and letters of attorney executed off this Island.
An Act for the sale of flour by weight.
An Act for the laying a duty on tonnage and applying the same to the use of the forts and fortifications: and for regulating the duties of gunpowder payable on tonnage by virtue of an Act intitled An Act for granting a revenue to his Majesty his heirs and successors for the support of the government of this island, etc.
An Act for obliging the Justices and Vestry of the parish of Saint Mary to make good certain deficiencies to the publick and for altering the day of electing vestry men and church wardens in the said parish.
An Act for carrying the surplussages of several funds to an aggregate fund for paying the deficiencies of other funds and sundry other demands on the publick and for appropriating several sums of money out of the said fund.
An Act to explain part of an Act intitled An Act for the better order and government of slaves and for the inflicting further and other punishment on persons killing negroes or slaves.
An Act to impower the Justices and Vestry of the parish of St. Thomas in the East to allot negroes for making a road from the sea to the Bath.

The following Acts are expired and have had their effect, viz:—
(fn. 1) An Act for laying a duty on all wines, rum and other spiritous liquors retailed within this Island and applying the same to several uses.
(fn. 1) An Act for raising several sums of money and applying the same to several uses for subsisting for twelve months the officers and soldiers of the regiment of Foot of which his Excellency Edward Trelawney, Esquire, is Colonel, etc.
(fn. 1) An Act to oblige the several inhabitants of this Island to provide themselves with a sufficient number of white men or white women or children or pay certain sums of money in case they shall be deficient and applying the same to several uses.
An Act for continuing this present Assembly untill the 20th day of December next.

Ordered that the draught of a letter to Mr. Knowles, Governor of Jamaica, containing the Board's observations upon several of the foregoing Acts be prepared.

Thursday, December 7. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Oswald.

Trade.

Russia.

The draught of a representation to his Majesty upon the the petition of the manufacturers of paper hangings having been transcribed pursuant to the minutes of the 29th of November, was laid before the Board and signed.

Jamaica.

The draught of a representation to his Majesty proposing the confirmation of two Acts passed in the Island of Jamaica in November, 1750, and December, 1751, having been prepared pursuant to yesterday's minutes, was laid before the Board, agreed to and ordered to be transcribed.

The draught of a letter to Mr. Knowles, Governor of Jamaica, containing the Board's observations upon the laws passed in that Island in 1750 and 1751, having been prepared pursuant to yesterday's minutes, was laid before the Board, agreed to and ordered to be transcribed.

Their lordships took into consideration the draught of a report to the House of Commons upon the state of Jamaica with respect to its' trade, strength and fortifications and grants of land, prepared pursuant to the minutes of the 11th of November last, and made some progress therein.

Tuesday, December 12. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

New Hampshire.

New York.

This day being appointed for the consideration of Mr. Wentworth's proposal for running a boundary line between the provinces of New Hampshire and New York, and the agents for the said provinces and for the province of the Massachusets Bay, attending, as desired, their lordships had some conversation with them thereupon, and it was ordered that each agent should have an extract of so much of Mr. Wentworth's letter of the 23rd of March. 1750–1. as relates to this affair, in order to be by them transmitted to the respective provinces to the end that they might receive their instructions upon the proposal and lay the same before this Board as soon as possible.

Newfoundland.

The Secretary laid before the Board the following paper received from Mr. Cary, representative for the town of Dartmouth, viz:—
Memorial of the merchants of Dartmouth trading to Newfoundland relating to the present form of government there which they hope will subsist without any alterations. Dated November 26th, 1752.

Ordered that the said memorial do lye by untill the paper therein referred to shall be received.

Nova Scotia.

Read the following letters and papers lately received from Colonel Hopson, Governor of Nova Scotia, viz:—
Letter from Colonel Hopson to the Board, dated the 16th of October, 1752. giving an account of his arrival and of his having published his Commission, etc., and transmitting the following publick papers, viz:—
Minutes of Council from the 31st March, 1752, to the 18th July, 1752.
Minutes of Council from the 3rd of August to the 16th October, 1752.
Estimates of expence for Nova Scotia from August, 1752, to December, 1753.
Copy of Captain Scott's proposals to Governor Hopson, dated 17th August, 1752.
Copy of a letter from Governor Hopson to the Governor of Louisbourg, dated the 10th of August, 1752, with a copy of the Governor of Louisbourg's answer thereto.
Copy of a survey made by order of Colonel Hopson from the town of Dartmouth round the sea coasts to a French deserted settlement called Shillencook.
A plan of Musquedaboit.
The answer of the Governor and Council of his Majesty's province of Nova Scotia to some propositions of peace made by the Mickmack Indians, dated the 16th September, 1752.
Letter from Colonel Hopson, Governor of Nova Scotia, to the Board, dated October 16th, 1752, transmitting the following publick papers, viz:—
A copy of the proceedings of a Council of War held in Halifax, September 1st. 1752.
Copy of a letter from the Earl of Holdernesse, one of his Majesty's principal Secretaries of State, to the Governor of Nova Scotia, dated Whitehall, December 19th, 1751.
Petition of the German settlers in Nova Scotia to his Excellency, Governor Hopson.
Copy of a letter from Captain Charles Broome of the Royal Regiment of Artillery to Governor Hopson, dated the 18th August, 1752, inclosing:—
A return of the company of the Royal Regiment of Artillery.
List of officers and soldiers victualled in Colonel Hopson's regiment in Nova Scotia between the 3rd and 30th August, 1752.
Papers of the Committee of the Council appointed to examine the victualling accounts of the province, No. 1 and No. 11.
Papers and accompts from No. 1 to No. 12 referred to in the report made [by] Governor Cornwallis on the victualling accounts of the Commissary and storekeepers.
Papers of the first Committee appointed to examine the accounts of Major Little, etc.
List of papers laid before the Committee of the Council by Mr. Saul in order to audit the victualling accounts No. 1 to No. 25.
Naval office lists of ships and vessels entered and cleared at Halifax in Nova Scotia from 25th March to 29th September, 1752.
Letter from Colonel Hopson to the Board, dated Halifax the 20th of October, 1752, in favour of Mr. Saul, Commissary of stores and provisions in that province.

Ordered that the Secretary do transmit an extract of so much of Colonel Hopson's letter as relates to the foreign protestants to Mr. Dick and require his answer to the complaints exhibited against him.

Ordered that the Secretary do transmit an extract of so much of the said letter as relates to the ships of war, to the Secretary to the Lords Commissioners of the Admiralty to be laid before that Board.

Ordered that the Secretary do transmit a copy of Captain Broome's letter to Colonel Hopson to the Secretary to the Board of Ordnance to be laid before that Board.

Ordered that the aforementioned letters and papers be taken into further consideration to-morrow morning.

Read a letter from Mr. Salisbury, Register of Nova Scotia, to the Board, without date, inclosing:—
Extract of the register of the North and South Suburbs with the fish lotts.

Wednesday, December 13. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Trade.

Russia.

The draught of a letter to the Duke of Newcastle inclosing a representation to his Majesty upon the petition of the manufacturers and exporters of paper hangings was laid before the Board, agreed to, transcribed and signed.

South Carolina.

Read the following letters and paper received from Mr. Glen, Governor of South Carolina, viz:—
Letter from Mr. Glen, dated the 19th September, 1752, giving the Board an account of a dreadfull hurricane there the 15th of September, and transmitting:—
List of ships and vessels in the port and harbour of Charles Town in South Carolina in the hurricane on Friday, the 15th of September, 1752, and their circumstances.
Letter from Mr. Glen to the Board, dated the 22nd of September, 1752, giving an account of the death of Mr. Graeme, Chief Justice of that province, and of his having appointed Mr. Pinckney to succeed him.

Ordered that a copy be made of the first mentioned letter and also of the paper therewith transmitted in order to be transmitted to the Secretary of State to be laid before his Majesty, and the draught of a letter to the Earl of Holdernesse, inclosing the same, having been prepared, was laid before the Board, agreed to, transcribed and signed.

Nova Scotia.

Their lordships took into consideration the letters and papers lately received from Mr. Hopson, Governor of Nova Scotia, and agreed further to consider the same to-morrow morning, and the Secretary was directed to write to Colonel Cornwallis to desire his attendance.

Thursday, December 14. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Nova Scotia.

Colonel Cornwallis, late Governor of Nova Scotia, attending, their lordships made a further progress in the consideration of the letters and papers lately received from Mr. Hopson, and agreed to consider further to-morrow morning when Colonel Cornwallis was desired to attend.

Friday, December 15. Present:—Earl of Halifax, Mr. Townshend, Mr. Oswald.

Nova Scotia.

Their lordships pursuant to the preceding minutes, took into further consideration the letters and papers lately received from Mr. Hopson, Governor of Nova Scotia, and Colonel Cornwallis, late Governor of the said province, attending with Mr. Bruce, the engineer there, their lordships had some discourse with them upon the subject of the estimate sent over by Mr. Hopson of the expence that will arise in the maintaining and supporting that settlement for the year 1753; and Colonel Cornwallis and Mr. Bruce being withdrawn directions were given for preparing an account of the expence which has been incurred in this service for the year 1752 and also an estimate of what will be necessary for the ensuing year.

Jamaica.

The draught of a representation to his Majesty upon two Jamaica Acts having been transcribed pursuant to the minutes of the 7th instant, was laid before the Board and signed.

Tuesday, December 19. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Georgia.

Their lordships took into consideration the state of affairs in his Majesty's province of Georgia, and also the plan for a civil government there, mentioned in the minutes of the 29th of last month, and Mr. Gray, agent for the said province, attending was called in, and their lordships had some conversation with him thereupon, and it was observed to him that although there were objections to several of the regulations proposed by him for a civil government, yet there was no objection to the plan in general and that he might be assured that a government would soon be established upon a plan as extensive in what regards the civil liberty and priviledges of the people settled there as is established in any of the colonies under his Majesty's immediate government.

Mr. Gray then observed to their lordships that the people were very uneasy for want of a government being settled: that it prevented persons from going to settle there and checked the industry and improvement of those already there.

Mr. Martyn, agent to the late Trustees for establishing the said colony of Georgia, likewise attending, was called in, and he further observed to their lordships the uneasiness of the inhabitants for want of a government being settled and in particular the incoveniencies arising from the death of the President, Mr. Parker, who is one of the chief officers for the administration of justice, which vacancy, though of great consequence to be supplyed by some other able person could not be filled up, as no provision is made for appointing officers by the proclamation which continues the officers in their employments.

That there was likewise a probability of the silk manufacture being dropt, for as the silk worms lay their eggs in March, the people would have no person to apply to, to recover their cocoons, untill a person should be appointed from home with power to receive and pay for them, and a person nominated here to answer bills drawn for that service, to such a certain sum as should be thought proper to be allowed. Mr. Martyn further acquainted their lordships that a ship would sail for Georgia about the latter end of this month, and no other for some time.

Mr. Martyn and Mr. Gray being withdrawn their lordships ordered the draught of a representation to his Majesty upon the present state of affairs in Georgia to be prepared, and also the draught of a letter to the President and Council in the said colony, admonishing them to continue in a vigilant and faithfull execution of their affairs untill a government shall be settled.

Ordered that the draught of a letter to the Lords Commissioners of the Treasury be prepared, proposing that Mr. Martyn may be appointed agent for the affairs of the colony of Georgia under the direction of this Board.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office from Midsummer to the 10th of October, 1752, amounting to three hundred, fifty-two pounds, eight shillings, and a letter to the Lords of the Treasury desiring payment thereof and of the salaries due to the Secretary and under officers in the service of this Board for the same time, were agreed to and signed.

Wednesday, December 20. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Georgia.

The draught of a representation to his Majesty upon the present state of affairs in Georgia having been prepared pursuant to yesterday's minutes, was agreed to, transcribed and signed.

The draught of a letter to the Lords Commissioners of his Majesty's Treasury, proposing that Mr. Martyn may be appointed agent for the affairs of Georgia, having been prepared pursuant to the minutes of yesterday, was agreed to, transcribed and signed.

Nova Scotia.

Colonel Cornwallis attending, their lordships took into consideration an estimate of the expence of maintaining and supporting the settlement in Nova Scotia for the year 1753, prepared in pursuance of the minutes of the 15th instant.

Their lordships also took into further consideration the letters and papers lately received from Colonel Hopson.

Ordered that an extract of that part of Colonel Hopson's first letter which relates to the sloops seized at Canceau by the Indians and copies of his two letters to the Governor of Louisbourg thereupon and of the said Governor's answer, be made in order to be transmitted to the Secretary of State, to be laid before his Majesty, and that the draught of a letter to the Earl of Holdernesse inclosing the same, be prepared.

Ordered that the draught of a letter to Colonel Hopson in answer to those lately received from him be prepared.

Thursday, December 21. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Oswald.

Nova Scotia.

The draught of a letter to Colonel Hopson, Governor of Nova Scotia, having been prepared pursuant to the preceding minute, was laid before the Board, agreed to, and ordered to be transcribed.

Georgia.

The draught of a letter to the President and Court of Assistants in the province of Georgia, ordered to be prepared by the minutes of the 19th instant, was laid before the Board, agreed to and ordered to be transcribed.

Nova Scotia.

Mr. Kilby, agent for Nova Scotia, attending, laid before the Board the following memorials prepared by him to be laid before the Lords of the Treasury, viz:—
Memorial of Christopher Kilby, agent for Nova Scotia, praying that he may be authorized to accept bills drawn by Colonel Cornwallis for the service of the colony amounting to £21,514 17s. 5d.

It appearing to their lordships, upon a consideration of the said memorial that the sum for which the bills therein mentioned are drawn have actually been expended for the service of the colony, and that it will be necessary to charge that sum in the accounts, which are preparing to be laid before Parliament early in the session, they were of opinion that it would be for the credit of the colony that the said bills should be accepted, and Mr. Kilby was directed to lay the said memorial before the Lords Commissioners of his Majesty's Treasury for their directions upon it.
Memorial of Christopher Kilby to the Lords Commissioners of his Majesty's Treasury praying that £7,218 2s. 4d. may be issued for the discharge of so much due upon that service.

Their lordships were pleased to approve of the said memorial and to direct Mr. Kilby to lay the same before the Lords Commissioners of his Majesty's Treasury for their lordships' directions thereupon.

Ordered that Mr. Kilby do examine into the papers relative to the conduct and accounts of the storekeepers in Nova Scotia, transmitted with Mr. Hopson's letter, and lay a state thereof before the Board as soon as possible.

Ordered that Mr. Kilby do enquire what price have usually been given by the Commissioners of the Navy for marine cloathing, and provide cloathing for the Company of Rangers in Nova Scotia, after the same rate and as much cheaper as they can be procured.

Ordered that Mr. Kilby do consider what will be the best method of supplying the remainder of the provisions to be allowed the settlers in Nova Scotia for the year 1753, for which no provision is made by Mr. Hopson, and lay a state thereof before the Board.

Ordered that Mr. Kilby do prepare an account of the expenditure of all the money granted by Parliament for the supporting the settlement of Nova Scotia for the year 1752, to be laid before Parliament.

South Carolina.

Ordered that the draught of a representation to his Majesty be prepared proposing that William Wragg and George Saxby, Esquires, be appointed of his Majesty's Council in the province of South Carolina in the room of Isaac Holmes and James Greame, Esquires, deceased.

Friday, December 22. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Oswald.

Nova Scotia.

The draught of a letter to Colonel Hopson, Governor of Nova Scotia, having been transcribed, pursuant to the minutes of yesterday, was signed.

Georgia.

The draught of a letter to the President and Court of Assistants of Georgia having been transcribed, pursuant to the minutes of yesterday, was signed.

South Carolina.

The draught of a representation to his Majesty proposing that William Wragg and George Saxby, Esquires, be appointed to the Council of South Carolina having been prepared pursuant to the preceding minutes, was agreed to, transcribed and signed.

Virginia.

Read his Majesty's Order in Council, dated the 20th instant, approving a representation of this Board proposing that the Reverend Mr. Thomas Dawson be appointed of the Council of Virginia, and directing this Board to prepare the draught of a warrant for that purpose to be laid before his Majesty in Council; and the said warrant, conformable to the said Order, having been prepared, and also the draught of a representation to his Majesty thereupon, they were laid before the Board, agreed to, transcribed and signed.

New Hampshire.

Read a letter from Mr. Wentworth, Governor of New Hampshire, to the Board, dated the 18th November, 1752, relative to the good conduct of the present Assembly and to the state of paper money in that province.

Ordered that the draught of a representation to his Majesty be prepared upon that part of the said letter wherein Mr. Wentworth acquainted their lordships that the present Assembly have admitted the new members to sit and vote in the choice of a Speaker, and the said draught having been prepared, the same was laid before the Board, agreed to, transcribed and signed.

North Carolina.

Read a letter from Mr. Rice, President of the Council and Commander in Chief of North Carolina, dated the 1st August, 1752, acquainting the Board with the death of Gabriel Johnston, Esquire, the 17th of July last, and that he had taken upon him the administration of the government there.

Nova Scotia.

The draught of a letter to the Earl of Holdernesse inclosing the extract of that part of Colonel Hopson's letter that relates to the sloop seized at Canceau by the Indians, having been prepared pursuant to the minutes of the 20th instant, was laid before the Board, agreed to, transcribed and signed.