Journal, January 1753: Volume 61

Journal, January 1753

Tuesday, January 9. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Grenville, Mr. Oswald.

Nova Scotia.

Read a letter from Mr. Dick to Mr. Pownall, dated at Rotterdam, the 22nd December, 1752, containing his answer to Colonel Hopson's complaints against him, and inclosing:—
Declaration of Maximilian Van den Bergh, carpenter, concerning the dimensions of the bed places in six ships which he fitted up in 1752 for Mr. Dick.
List of ships cleared out at Gosport for the British colonies in America in the year 1752.
Letter from Captain Warren of the Betty to Mr. Dick, dated at Halifax, July 24th, 1752.

Ordered that an extract of so much of Mr. Dick's letter as contains his answer to Governor Hopson's complaints of the manner in which the last settlers were sent over be transmitted to the said Governor and that a postscript be accordingly added to the letter which their Lordships signed the 22nd of last month.

Georgia.

Mr. Martyn, Secretary to the late Trustees for establishing the colony of Georgia, attending presented to the Board:—
Copy of a letter from Mr. Habersham to Mr. Martyn, Secretary to the late Trustees for establishing the colony of Georgia, dated Savannah, 7th August, 1752, giving an account of the flourishing condition of that colony.

Wednesday, January 10. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Oswald.

New York.

Read a memorial of Mr. Catherwood, Secretary to and on the behalf of Governor Clinton concerning a mutiny which happened in the garrison of Oswego in January last, and inclosing:—
Minutes of a general court of inquiry held at Fort Frederick in the city of Albany, on the 18th of July, 1752, concerning a mutiny which happened at Oswego in January, 1752.

Ordered that the draught of a letter to His Majesty's Secretary at War be prepared inclosing copies of the said papers and proposing that Mr. Clinton may be forthwith directed to send the prisoners concerned in the said mutiny to Halifax in Nova Scotia where there are a sufficient number of officers to form a general Court Martial.

Leeward Islands.

Ordered that the draught of a representation to His Majesty be prepared proposing that George Thomas, Esquire, may be appointed Governor of the Leeward Islands in the room of William Mathew, Esquire, deceased.

North Carolina.

Ordered that the draught of a representation to His Majesty be prepared proposing that Arthur Dobbs, Esquire, may be appointed Governor of North Carolina in the room of Gabriel Johnston, Esquire, deceased.

South Carolina.

Ordered that the draught of a representation to His Majesty proposing that Peter Leigh, Esquire, may be appointed Chief Justice of South Carolina in the room of James Graeme, Esquire, deceased, and the draught of a letter to inclose the same to the Earl of Holdernesse, be prepared.

Thursday, January 11. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane, Mr. Oswald.

The following representations and letters having been prepared pursuant to the preceding minutes, were laid before the Board, agreed to, transcribed and signed.

Leeward Islands.

Representation to his Majesty proposing that George Thomas, Esquire, may be appointed Governor of the Leeward Islands in the room of William Mathew, Esquire, deceased.

North Carolina.

Representation to his Majesty proposing that Arthur Dobbs, Esquire, may be appointed Governor of North Carolina in the room of Gabriel Johnston, Esquire, deceased.

South Carolina.

Representation to his Majesty, proposing that Peter Leigh, Esquire, may be appointed Chief Justice of South Carolina in the room of James Graeme, Esquire, deceased.

And a letter inclosing the same to the Earl of Holdernesse.

New York.

Letter to the Right Honourable Mr. Fox, His Majesty's Secretary at War, proposing that Mr. Clinton may be directed to send the mutineers whom he has in custody to Halifax there to be tried by a general Court Martial.

Nova Scotia.

The draught of a postscript to their lordships' letter to Colonel Hopson, signed the 22nd of December last, having been prepared pursuant to last Tuesday's minutes, was laid before the Board, agreed to, transcribed and signed.

Friday, January 12. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Townshend, Mr. Oswald.

New York.

Read the following letters and papers received from Mr. Clinton, Governor of New York, viz:—
Letter from Mr. Clinton to the Board, dated 4th October, 1752, in answer to their circular letter of the 3rd of June last.
Letter from Mr. Clinton to the Board, dated 24th of October, 1752, recommending William Smith, Esquire, to supply a vacancy in the Council of that Province and inclosing:—
Copy of Mr. Attorney-General Bradley's information against Oliver Delancy for scurrilous words spoke against Governor Clinton.
Governor Clinton's speech to the Council and Assembly of New York and their respective addresses.
Letter from Mr. Clinton to the Board, dated Fort George, the 25th November, 1752, acknowledging the receipt of the Board's letter of the 13th June last, as also of their Excellencies, the Regency's additional instructions; and likewise a letter from Mr. Hill with several Acts of Parliament and transmitting:—
Copy of Minutes of Council, dated the 16th of November, 1752.
Votes and proceedings of the general Assembly in October and November, 1752.

Ordered that an account be prepared from the Custom House leidgers of the quantities of tea and gunpowder exported from Great Britain to New York in ten years to Christmas, 1749, distinguishing each year.

South Carolina.

Read an Order of his Majesty in Council, dated the 10th instant, approving the Board's representation of 22nd December last, proposing William Wragg and George Saxby, Esquires, to be of the Council of South Carolina, and directing warrants to be prepared for that purpose; and warrants having been prepared accordingly, as also the draught of a representation to accompany them, the said draught was laid before the Board, agreed to, transcribed and signed.

Pennsylvania.

Read an Order of the Lords of the Committee of Council, dated the 21st of December, 1752, referring to this Board ten Acts passed in Pennsylvania in 1750, 1751 and 1752.

Read an Order of the Lords of the Committee of Council, dated the 21st December, 1752, referring to this Board two Acts passed in Pennsylvania 22nd August, 1752.

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

Virginia.

Read copy of an Order of Council, dated 10th instant, approving the Board's representation to his Majesty and a warrant prepared by this Board for appointing the Reverend Mr. Thomas Dawson to be of the Council of Virginia in the room of Mr. William Dawson, deceased.

Read a letter from Robert Dinwiddie, Esquire, LieutenantGovernor of Virginia, to the Board, dated the 6th of October, 1752, giving an account of the present state of Indian affairs, and of the steps he has taken for the better government of the colony, and desiring their lordships' approbation of his taking a fee of one pistole for signing and sealing a grant of land, pursuant to the advice of his Council.

Ordered that the draught of a letter to Mr. Dinwiddie be prepared in answer to the foregoing and signifying their lordships' approbation of his taking the said fee.

New Jersey.

Read a letter from Jonathan Belcher, Esquire, Governor of New Jersey, to the Board, dated the 14th September, 1752, concerning the tryal and acquittal of Mr. Lewis Morris Ashfield, and inclosing the following papers relative thereto, viz:—
Extract of a letter from Samuel Nevill, Esquire, one of the Judges of the Supreme Court, to Jonathan Belcher, Esquire, relative to the tryal of Mr. Lewis Morris Ashfield.
Copy of some notes of the Attorney-General of New Jersey, relative to the tryal and acquittal of Lewis Morris Ashfield, Copy of the affirmation of Lewis Morris, junior, attorney at law, relative to Mr. Lewis Morris Ashfield's rude treatment of the Governor.
Copy of recognizance entered into by Lewis Morris Ashfield, Esquire, in November, 1751.

Ordered that the draught of a letter to Mr. Belcher be prepared expressing their lordships' disapprobation of his conduct with respect to Mr. Lewis Morris Ashfield and directing him to admit that gentleman to his seat in the Council of that province.

Georgia.

Their Lordships took into consideration the copy of a letter from Mr. Habersham to Mr. Martyn, mentioned in the minutes of the 9th instant, and ordered the draught of a representation to his Majesty upon the contents of the said letter, and upon the present state of the colony of Georgia, to be prepared.

Tuesday, January 16. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Townshend.

Nova Scotia.

Mr. Dick, agent for the transportation of foreign protestants to Nova Scotia, attending, was called in and presented to the Board the following papers, viz:—
An account of moneys due to Mr. John Dick of Rotterdam for the transportation of foreign protestants to Nova Scotia.

Mr. Dick then desired their lordships' directions to Mr. Kilby to accept his Bills for the sums due upon the said account payable at any distant day their lordships shall think reasonable to fix.

Ordered that the said account be referred to Mr. Kilby to examine the same and that he be directed to attend the Board thereupon on Thursday next.

Georgia.

Mr. Martyn, Secretary to the late Trustees for the Colony of Georgia, attending was called in and presented to the Board the following papers, viz:—
Letter from the Court of Assistants in Georgia, dated the 21st of September, 1752, to Mr. Martyn, Secretary to the late Trustees, relating to Indian affairs in the said province.

The draught of a representation to his Majesty relative to the Province of Georgia, having been prepared pursuant to the minutes of the 12th instant, was laid before the Board, agreed to and ordered to be transcribed.

Virginia.

The draught of a letter to Mr. Dinwiddie, Lieutenant-Governor of Virginia, in answer to one lately received from him having been prepared pursuant to the minutes of the 12th instant, was laid before the Board, agreed to and ordered to be transcribed.

Trade.

Labrador.

Read an Order of the Lords of the Committee of Council, dated the 21st of December, 1752, referring to this Board a petition of the merchants of Philadelphia and North America praying that no grant of an exclusive trade to Labrador may pass.

Wednesday, January 17. Present:—Earl of Halifax, Mr. Pitt, Mr. Townshend, Mr. Oswald.

Georgia.

The draught of a representation to his Majesty upon the present state of the province of Georgia having been transcribed pursuant to the preceding day's minutes, was laid before the Board and signed.

Virginia.

The draught of a letter to Mr. Dinwiddie, Lieutenant-Governor of Virginia, having been transcribed pursuant to the preceding day's minutes, was laid before the Board and signed.

New Jersey.

The draught of a letter to Mr. Belcher, Governor of New Jersey, having been prepared pursuant to the minutes of the 12th instant, was laid before the Board, agreed to and ordered to be transcribed.

North Carolina.

Mr. Child, Attorney-General of the province of North Carolina, attending was called in and he laid before the Board the following papers, viz:—
Reasons humbly offered to the Lords Commissioners for Trade and Plantations by Mr. Child, Attorney-General of North Carolina, for his being absent from the province.

He likewise produced to their lordships the late Governor's testimonial under the seal of the province of his good services and conduct, and of the reasons which induced him to come over into England, which being read was redelivered to him, and he was acquainted, that his reasons appeared to their lordships to be satisfactory.

Ordered that the Secretary do write to Mr. Enock Hall, Chief Justice of the province of North Carolina, who appeared to have been absent from his duty for upwards of four years, desiring he would acquaint the Board with his reasons for such long absence, and when he purposes to return.

Jamaica.

Read a petition of Thomas Graham, Esquire, Receiver General of Jamaica, to the Board, complaining of some Acts lately passed in that Island and praying to be heard before the Board shall make a report upon those Acts.

Ordered that the Secretary do write to Mr. Graham and acquaint him with the directions which the Board have given to Mr. Knowles in their last letter to him with respect to the Acts complained of.

New York.

Read a memorial of Lewis Morris, Esquire (suspended by Governor Montgomery from his seat in the Council of New York), praying for the reasons herein set forth to be restored to his seat and rank in the said Council upon the vacancy occasioned by the death of Sir Peter Warren.

Mr. Robert Hunter Morris attending in behalf of the memorialist was called in and their lordships acquainted him, that it appeared to them that the memorialist had sufficiently suffered for the offence for which he was suspended, by the long time he had been under suspension, and that they should have no objection to proposing his restoration, but that the Governor of New York had already recommended Mr. William Smith to supply the vacancy occasioned by the death of Sir Peter Warren; whereupon Mr. Morris acquainted their lordships, that he thought Mr. Smith a very proper person to be of the Council and that his appointment in the present situation of affairs would be for his Majesty's service, and therefore consented that the restoration of the memorialist should be postponed untill some other vacancy happened.

New York.

Ordered that the draught of a representation to his Majesty be prepared proposing that William Smith, Esquire, may be appointed of his Majesty's Council in the province of New York in the room of Sir Peter Warren, deceased.

Nova Scotia.

Read a letter from Nicholas Hardinge, Esquire, Secretary to the Lords Commissioners of the Treasury, referring to this Board a memorial from Chauncy Townshend, Esquire, to their lordships praying the payment of £411 3s 6d. for Custom House duties paid in Ireland.

Read a letter from Mr. Hardinge, Secretary to the Lords Commissioners of the Treasury, referring to this Board a memorial of Chauncy Townshend, Esquire, praying payment of £794 13s. 7½d. for bread delivered by him in lieu of flour.

Ordered that the above-mentioned letters and memorials be referred to Mr. Kilby and that he be directed to examine the same and report his opinion thereupon to the Board as soon as conveniently be.

Newfoundland.

Read a memorial of the merchants of the port of Teignmouth trading to Newfoundland, dated November, 1752, in answer to a memorial intended to be presented to the Lords Commissioners of Trade in the name of the principal merchants of Great Britain trading to Newfoundland.

Read a memorial of the merchants of the port of Exeter trading to Newfoundland, dated December 20th, 1752, in answer to a memorial intended to be presented to the Lords Commissioners of Trade in the name of the principal merchants of Great Britain trading to Newfoundland.

Ordered that the said memorials be taken into consideration when the petition therein referred to shall be received.

New Jersey.

Read a letter from Jonathan Belcher, Esquire, Governor of New Jersey, to the Board, dated 16th of October, 1752, in answer to their lordships' letters of 28th April and 3rd of June last.

Plantations General.

South Carolina.

Read the following copies of Orders of Council, viz:—
Copy of an Order of Council, dated the 20th December, 1752, approving a representation of this Board proposing the confirmation of an Act passed in the province of South Carolina in May, 1751, entitled An Act to incorporate the society commonly called and known by the name of the Carolina Society.
Montserrat.
Copy of an Order of Council, dated the 20th December, 1752, approving a representation of this Board proposing the repeal of an Act passed in the Island of Montserrat in February, 1748, intituled An Act to regulate the Assembly of this Island and the Election of the members thereof.
Georgia.
Copy of an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 20th of December, 1752, upon a representation to his Majesty from the Lords Commissioners for Trade and Plantations relating to the present state of his Majesty's colony of Georgia in America and the present culture and produce of raw silk in that province, and referring a copy of the said representation to the Lords Commissioners of his Majesty's Treasury.

Thursday, January 18. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Barbados.

The draughts of representations to his Majesty proposing that Abel Dottin, Richard Salter, and John Gybbon, Esquires, members of his Majesty's Council in the Island of Barbados, may have his Majesty's leave to be absent from their seats in the said Council for twelve months on account of their private affairs, was laid before the Board, agreed to, transcribed and signed.

New York.

The draught of a representation to his Majesty proposing that William Smith, Esquire, may be appointed of his Majesty's Council in the province of New York, in the room of Sir Peter Warren, deceased, having been prepared pursuant to the preceding minutes, was laid before the Board, agreed to, transcribed and signed.

New Jersey.

The draught of a letter to Mr. Belcher, Governor of New Jersey, having been transcribed pursuant to the preceding minutes, was laid before the Board and signed.

Trade.

East India.

Read an Order of the Lords of the Committee of Council, dated December 21st, 1752, referring to this Board an account of the exports made by the East India Company from Michaelmas, 1751, to Michaelmas, 1752.

Tuesday, January 23. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Nova Scotia.

Mr. Kilby, agent for Nova Scotia, attending, laid before the Board the following papers, prepared pursuant to the minutes of the 15th and 21st of December last, viz:—
Account of money paid and charges incurred by supporting and maintaining the settlement of his Majesty's colony of Nova Scotia from the 1st of November, 1751, to 31st December, 1752.
Estimate of the charges of supporting and maintaining the settlement of his Majesty's colony of Nova Scotia for the year 1753.

Jamaica.

Mr. Forbes, Provost Marshall of Jamaica, attending was called in and he moved their lordships to appoint a day for hearing what he had to offer against an Act lately passed in that Island for regulating the Provost Marshall's proceedings, by which he apprehends his rights as Provost Marshall are invaded.

Their lordships agreed to take the said Act into consideration on Wednesday, the 31st instant, when Mr. Forbes was desired to attend with his sollicitor and the Secretary was ordered to write to Mr. Sharpe, agent for the Island of Jamaica, to acquaint him therewith.

Read the Attorney and Sollicitor General's report upon the four Acts passed in the Island of Jamaica in November and December, 1751. Dated 22nd January, 1753.

Their lordships agreed to take the said report and Acts into consideration on Wednesday, the 31st instant, and the Secretary was ordered to write to Mr. Sharpe, agent for the Island of Jamaica, to acquaint him therewith.

Virginia.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 21st December, 1752, referring to the consideration of this Board the address of the Council and House of Burgesses of Virginia to his Majesty relative to some laws lately passed there that have been repealed by his Majesty with a paper containing their reasons in support of the said address.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 21st December, 1752, referring to the consideration of this Board the representation of the judges of the General Court of his Majesty's colony of Virginia, praying for the reasons therein contained that his Majesty may for the future allow them a salary more proportionate to the attendance they are obliged to give in the several services to which they are appointed.

Their lordships agreed to take the said references into consideration on Thursday the 25th instant, and the Secretary was ordered to write to Mr. Abercromby, agent in support of the said representation and address, to desire his attendance.

Ordered that the Secretary do write to Mr. Walpole, Auditor General of his Majesty's revenue in America, to desire his attendance at the Board on Thursday morning upon the subject of the above-mentioned representation.

New Hampshire.

The draught of a representation to his Majesty upon the state of the province of New Hampshire so far as regards the difficulties which have arisen with respect to claims of propriety to the lands there, the ascertaining of the western limits, etc., was laid before the Board and ordered to be transcribed.

Their lordships took into consideration a letter from Mr. Wentworth, Governor of New Hampshire, mentioned in the minutes of the 22nd of December last, and ordered the draught of a letter in answer thereto to be prepared.

Thursday, January 25. Present:—Earl of Halifax, Right Honourable Horatio Walpole, Mr. Grenville, Lord Dupplin, Mr. Oswald.

Virginia.

Their lordships pursuant to the minutes of the 23rd instant, took into consideration the representation of the judges of the General Court and the address of the Council and House of Burgesses of the colony of Virginia, mentioned in the said minutes, and ordered the draught of a report to the Lords of the Committee of the Council to be prepared proposing that the judges of the general court may be allowed the additional salary prayed for by them.

Mr. Abercromby, sollicitor in support of the said representation and address, and Mr. Leheup, agent for the colony, attending, were called in and their lordships acquainted them with the said resolution, and the address of the Council and House of Burgesses being read, their lordships had some discourse with them and heard what they had to offer thereupon and agreed further to consider thereof to-morrow morning when they were desired to attend.

New Hampshire.

The draught of a letter to Mr. Wentworth, Governor of New Hampshire, having been prepared pursuant to the minutes of the 23rd instant, was laid before the Board, agreed to, and ordered to be transcribed.

Friday, January 26. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin.

Plantations General.

Read a letter from Mr. Bellas to Mr. John Sharpe, dated Doctors' Commons, 17th December, 1752, with extracts from sundry letters and papers taken on board the Snow Providence of Boston, Robert Sinclair, master, shewing the trade carried on between them and others of his Majesty's plantations and the subjects of the States General and others contrary to the Act of Navigation.

It appearing to their lordships that the foregoing paper contained an information of some fraudulent practices of an officer of the Customs at Newcastle, the Secretary was directed to transmit a copy of it to the Secretary of the Lords Commissioners of the Treasury for the information of that Board.

Virginia.

Ordered that the consideration of the Council and House of Burgesses of Virginia, mentioned in the preceding minute, be postponed until Thursday next, the 1st of February, and that the Secretary do give notice to the parties accordingly.

Wednesday, January 31. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Stone.

Jamaica.

Their lordships pursuant to the minutes of the 23rd instant, took into consideration the report of his Majesty's Attorney and Sollicitor General upon four Acts passed in the Island of Jamaica in November and December, 1751, and Mr. Sharpe, agent for the Island, attending with several merchants and others interested in the said Island, they were called in, and their lordships, after hearing what Mr. Sharpe had to offer in behalf of the said laws ordered them to be again referred to his Majesty's Attorney and Sollicitor to the end that Mr. Sharpe might have an opportunity of being heard before them upon the said Acts, and that they might acquaint the Board what are the particular objections which they mention in their former report to those Acts both in manner and substance.

Their lordships then took into consideration pursuant to the minutes of the 23rd instant, the Act lately passed in the Island of Jamaica for regulating the Provost Marshall's proceedings; and Mr. Forbes, Provost Marshall of the said Island, attending with Mr. Joshua Sharpe his sollicitor, their lordships heard what he had to offer against the said Act, and also what Mr. Sharpe, agent for the Island, had to offer in support of it, and the parties being withdrawn their lordships ordered the said Act to be referred to his Majesty's Attorney and Sollicitor General for their opinion thereupon.

Ordered that the Act for establishing the publick credit of the said Island etc., passed there in the year 1751, be also referred to his Majesty's Attorney and Sollicitor General for their opinion thereupon.

Plantations General.

Read the following Orders of Council viz:—
Leeward Islands.
Read an Order of Council, dated the 25th of January, 1753, approving a representation of this Board proposing that George Thomas, Esquire, may be appointed Captain General and Governor in Chief of his Majesty's Leeward Carribbee Islands, in the room of William Mathew, Esquire, deceased, and directing this Board to prepare a Commission and instructions accordingly.
North Carolina.
Read an Order of Council, dated the 25th of January, 1753, approving a representation of this Board proposing that Arthur Dobbs, Esquire, may be appointed Governor of his Majesty's province of North Carolina, in the room of Gabriel Johnston, Esquire, deceased, and directing this Board to prepare a Commission and instructions accordingly.
New York.
Read an Order of Council, dated the 25th January, 1753, approving a representation of this Board proposing that William Smith, Esquire, may be appointed of his Majesty's Council in New York, in the room of Sir Peter Warren, deceased, and directing this Board to prepare a warrant accordingly.
Barbados.
Read an Order of Council, dated the 25th January, 1753, approving a representation of this Board proposing that Abel Dottin, Esquire, one of his Majesty's Council in the Island of Barbados, may have permission to continue here for twelve months and directing this Board to prepare a warrant accordingly.
Read an Order of Council, dated 25th of January, 1753, approving a representation of this Board proposing that Richard Salter, Esquire, one of his Majesty's Council in the Island of Barbados, may have his Majesty's permission to continue here for twelve months, and directing this Board to prepare a warrant accordingly.
Read an Order of Council, dated 25th January, 1753, approving a representation of this Board proposing that John Gybbon, Esquire, one of his Majesty's Council in the Island of Barbados, may have his Majesty's permission to continue here for twelve months, and directing this Board to prepare a warrant accordingly.

The following draughts of representations to his Majesty having been prepared in consequence of the foregoing Orders, were laid before the Board, agreed to, transcribed and signed:—
Leeward Islands.
Representation to his Majesty with the draught of a Commission appointing George Thomas, Esquire, to be Governor of the Leeward Carribbee Islands.
North Carolina.
Representation to his Majesty with the draught of a Commission appointing Arthur Dobbs, Esquire, to be Governor of North Carolina.
New York.
Representation to his Majesty with the draught of a warrant for the admission of William Smith, Esquire, to be one of the Council in the province of New York.
Barbados.
Three representations to his Majesty with the draughts of warrants containing his Majesty's permission to Richard Salter, Abel Dottin and John Gybbon, Esquire, to be absent from their seats in the Council of Barbados for twelve months.