Journal, April 1753: Volume 61

Journal, April 1753

Tuesday, April 3. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Townshend.

Plantations General.

The Board being informed that Mr. John Sharpe and several merchants and planters interested in and trading to the Sugar Colonies were attending and had something to offer to the Board, they were called in and Mr. Sharpe acquainted the Board that the gentlemen present were a committee appointed by the merchants and others interested in and trading to the Sugar Colonies to attend their lordships and lay before them their sentiments upon a petition lately presented to the House of Commons by the sugar refiners and grocers of the city of London and Westminster complaining of the high price of sugars, etc.

Mr. Sharpe then observed to the Board that if the allowing foreign sugars to be imported should be the consequence of this application to Parliament, it would entirely ruin the Sugar Colonies and put a stop to all further cultivation and improvement; that as this, however, was not a measure which he apprehended likely to be fallen upon, he should not trouble their lordships with any arguments upon the subject; that as to the complaint of refining houses being erected in the plantations, the planters had no objection to their being put down, hoping that the regulations would be general to all the colonies, the Northern ones as well as the Sugar Colonies.

That as to the duty of 6 pence per pound laid upon the importation of refined sugar in Jamaica, it was laid by the perpetual Revenue Law prepared here and confirmed by his Majesty, and therefore he submitted how far it might be proper to alter or rescind that law by Act of Parliament, but that the planters had no objection to it's being done in a proper method.

Maryland.

Read Mr. Lamb's report upon the draught of a bond to be entered into for Horatio Sharpe, Esquire, as Lieutenant Governor of Maryland.

Ordered that the Secretary do transmit the draught of a proper bond filled up with the names of the two persons proposed by Lord Baltimore to be security for the Lieutenant Governor of Maryland's observance of the laws of trade to the Secretary to the Lords Commissioners of the Treasury that their Lordships might give the necessary directions that the proper security be taken in his Majesty's Exchequer.

Virginia.

Read an Order of Council, dated the 17th of March, 1753, directing this Board to prepare an additional instruction for the Governor of Virginia, impowering him to give his assent to any Act or Acts for re-enacting two laws of that colony lately repealed by his Majesty.

Ordered that the draught of an additional instruction be accordingly prepared and also of a representation to his Majesty in Council thereupon.

Leeward Islands.

Read a letter from Lieutenant General Fleming, Commander in Chief of the Leeward Islands, to the Board, dated at St. Christopher's, 23rd December, 1752, relating to the disorders in the Island of Nevis.

New York.

Read a letter from Mr. Fox, Secretary at War, in answer to one from this Board, dated the 16th instant, desiring to know what directions may be necessary for their lordships to give Governor Clinton in case the Assembly of New York should refuse to defray the expence of transporting the mutineers at Oswego with the witnesses against them to and from Halifax in order to their being tried there.

Ordered that the Secretary do write to Mr. Clinton directing him to send the mutineers at Oswego to Halifax to take their tryals.

Jamaica.

Read a letter from Charles Knowles, Esquire, Governor of Jamaica, to the Board, dated the 10th of January, 1753, containing further observations with respect to the irregular method of entring and clearing ships and transmitting:—
A list of ships and vessels entered and cleared in the port of Kingston between the 25th of December and 25th March, 1752, and from thence to Michaelmas following.

Ordered that the Secretary do transmit a copy of the said letter to the Secretary to the Lords Commissioners of the Treasury to be laid before that Board.

Massachusets.

Read a letter from Mr. Phips, Lieutenant Governor of the Massachusets Bay, to the Board, dated the 24th of January, 1753, signifying his having communicated to the Council and Assembly the additional instruction he had received from the late Lords Justices relative to revising the laws of that province; and that they are very fond of their present laws and averse to any alteration.

Ordered that the draught of a representation thereupon to his Majesty be prepared.

Massachusets.

Nova Scotia.

Read a petition of Samuel Waldo of Boston in New England, Esquire, and Windham Beawes, attorney to Messrs. Robert Mackey and John Corner of London, merchants, praying for a grant of land to the petitioners, their heirs, associates and assigns, of all his Majesty's right and interest in and to the tract of main land and continent lying and being between the late province of Main or Saggadehoc and the river St. Croix.

Wednesday, April 4. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

Georgia.

Mr. Gray attending pursuant to the minutes of Fryday last, the 30th of March, was called in, and their lordships acquainted him that the memorial presented by him appeared to them not only the most extraordinary but also highly disrespectfull to this Board and to government in general, inasmuch as it presumed to point out to the Crown what persons were or were not proper to be appointed Governors of Georgia: that such a proceeding and behaviour in an infant colony was not [to] be parallelled, and shewed that a very improper and refractory spirit prevailed amongst the people there; but that however the Board should pass no other censure upon them at present than rejecting the memorial: that the people of Georgia might be assured that the Crown would always have a due regard to their happiness, and that it was fortunate that no other notice was taken at present of so indecent, so improper a conduct; and the memorial having been delivered to Mr. Gray, he was ordered to withdraw.

Plantations General.

Leeward Islands.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, in answer to one from Mr. Pownall inclosing a copy of the 98th article of the general instructions to the late Governor of the Leeward Islands.

Nova Scotia.

Read a report of Christopher Kilby, Esquire, upon the memorial of Mr. Gould, agent to the 42nd Regiment, relative to the ballance due to that Regiment on account of the four pences stopt for the provisions.

Ordered that Mr. Gould and Mr. Kilby do attend the Board on Friday next, the 6th instant.

New York.

The Secretary laid before the Board the following papers received from Mr. Catherwood, agent for Mr. Clinton, Governor of New York, viz.:—
Copy of Mr. Holland's affidavit relating to a charge against him for receiving £40 for recommending Mr. Harme Gansevoort to be Clerk of the County of Albany. Dated the 24th of January, 1753.

Thursday, April 5. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Oswald.

Pennsylvania.

This day being appointed for the consideration of Mr. Penn's petition praying for the limits between Pennsylvania and the Crown's territories in America may be ascertained and set out, and Mr. Penn attending, with Mr. Paris his sollicitor, and also Mr. Hammersley, sollicitor in behalf of Lord Baltimore, they were called in; and Mr. Paris in behalf of Mr. Penn moved their lordships that the consideration of this affair might be postponed until this day sen'night in order to give Lord Baltimore an opportunity of proposing such measures for an amicable determination of the differences between his Lordship and Mr. Penn as he should think proper.

Mr. Hammersley acquainted their lordships that the reason why this had not been already done and this affair considered by Lord Baltimore and his friends was his Lordship's late marriage, and the business in which the Speaker of the House of Commons had been engaged, and therefore moved their lordships to postpone the consideration of Mr. Penn's petition until the 8th of May next in order to give time to Lord Baltimore and his friends to consult their counsel.

Ordered that the consideration of this affair be postponed until Tuesday the 8th of May, and that the parties do attend the Board on that day.

Massachusets.

The draught of a representation to his Majesty upon the letter from Mr. Phips, Lieutenant Governor of the Massachusets Bay, mentioned in the minutes of the 3rd instant, was laid before the Board, agreed to and ordered to be transcribed.

Virginia.

The draught of an additional instruction to the Governor of Virginia for the re-enacting two laws repealed by his Majesty, and also the draught of a representation to his Majesty therewith having been prepared, was laid before the Board and agreed to, and the representation having been transcribed was signed.

Massachusetts.

Nova Scotia.

Their lordships took into consideration the petition of Messrs. Waldo and Beawes praying for a grant of land lying between the rivers Sagadehock and St. Croix in America, mentioned in the minutes of the 3rd instant; and the petitioners attending were called in, and their lordships acquainted them, that as to the claim to Nova Scotia upon which their petition was founded, the Crown having, by the treaty of Breda yielded that country to France, all private property or rights thereto was thereby extinguished, and no title to lands there could be good or valid unless by a grant from the Crown subsequent to the treaty of Utrecht; that as to the lands between Sagadehock and St. Croix it would be improper to advise his Majesty to make any grants thereof, as not only the province of the Massachusets Bay but also many private persons had claims thereto, which were as yet unadjusted; and therefore for these reasons the Board could not comply with their petition.

Friday, April 6. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin.

Leeward Islands.

Their lordships took into further consideration the draught of general instructions prepared for Mr. Thomas, Governor of the Leeward Islands, and made a further progress therein.

Tuesday, April 10. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Mr. Fane.

Connecticut.

Read a letter from Mr. Walcott, Governor of Connecticut, dated the 10th of December, 1752, acknowledging the receipt of his Majesty's Order in Council of the 11th of March, 1751, and transmitting:—
A book of the Acts and Laws of that colony from the first establishment to the present time.

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

Nova Scotia.

Read Mr. Kilby's report upon the memorial of Lieutenant William Martin, referred to him the 13th of March last, praying payment of a sum due to him for services done relative to that province.

Read a letter from Thomas Dove, Esquire, late captain of his Majesty's sloop The Hound, to the Honourable Edward Cornwallis, late Governor of Nova Scotia, concerning the difficulty he meets with in obtaining from the Navy Board a certificate for his pay during his command of the said sloop.

Ordered that the Secretary do write to the Secretary to the Board of Ordnance to desire he would acquaint that Board that the particulars mentioned in Mr. Dove's letter were lent by him to the use of the government, and that this Board will give directions to Mr. Hopson, Governor of Nova Scotia, to see the same restored.

Read a memorial of Mr. John Lonus of Halifax in Nova Scotia to the Board, praying payment of a sum of money due to him for 816 bushels of charcoal which he supplied the province with by order of Richard Bulkeley, Esquire.

Read a memorial of Leonard Anton Treber, clerk and foreman in the works at the Peninsular Blockhouse in Nova Scotia to the Board praying their lordships' orders for the payment of his wages at 2s. 6d. per day, as promised him by Mr. Bulkeley.

Read the humble petition of John Duckworth, surgeon on board the Nancy Brigg, praying an allowance for his attendance upon the passengers on board the said ship as surgeon during the voyage to Nova Scotia.

Ordered that the two foregoing memorials and petition be referred to Mr. Kilby to consider thereof, and report his opinion to the Board upon them.

Read a letter from Mr. King Gould, late agent to the 42nd Regiment, desiring Mr. Pownall would acquaint the Board that he is prevented by a severe fit of the gout, waiting upon their lordships agreeable to their commands signified to him on the 5th instant.

Ordered that a copy of Mr. Kilby's report upon his petition be transmitted to him for his answer thereto in writing if he thinks proper.

North Carolina.

Read a letter from Mr. Rice, President of the Council and Commander in Chief of North Carolina, to the Board, dated the 13th of December, 1752, acknowledging the receipt of two packets from their lordships to the late Governor Johnston, dated the 28th of April and 3rd of June last, and transmitting:—
Minutes of Council in April and August, 1752.

The Secretary laid before the Board a collection of all the laws now in force in North Carolina received from the agent for the said province.

Wednesday, April 11. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend, Mr. Oswald.

North Carolina.

Their lordships took into consideration the state of his Majesty's province of North Carolina and also a body or collection of the laws of the said province, mentioned in the preceding minutes.

Resolved that the state of the said province be taken into further consideration on Tuesday next, the 17th instant.

Thursday, April 12. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane.

Plantations General.

The Secretary laid before the Board the two following reports of his Majesty's Attorney and Sollicitor General, viz.:—
Report of his Majesty's Attorney and Sollicitor General, dated the 7th instant, in consequence of Mr. Pownall's letter to them of the 30th of March last, containing their opinion concerning the validity of the treaty of neutrality in America concluded in 1686.
Report of his Majesty's Attorney and Sollicitor General, dated the 7th instant, containing their opinion upon the articles of instructions given to the late Governor Mathew relative to appeals and Mr. Sharpe's observations thereupon, referred to them by Mr. Pownall's letter of the 17th of March last.

Their lordships then took into consideration the draughts of general instructions and of those which relate to the Acts of Trade and Navigation, prepared for George Thomas. Esquire, Governor of the Leeward Islands, and the same having been agreed to, were ordered to be transcribed and the draught of a representation to his Majesty thereupon to be prepared.

Maryland.

The draught of instructions for Lord Baltimore, Proprietary of Maryland, having been prepared pursuant to the minutes of the 8th of March last, were laid before the Board, agreed to and ordered to be transcribed, and the draught of a representation to his Majesty thereupon to be prepared.

Tuesday, April 17. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane.

Antigua.

Read a petition of Charles Dunbar, Esquire, to the Board praying that his name may stand in his rank in the list of Councillors in the Island of Antigua he having been suspended by Governor Mathew.

St. Christopher's.

Read a petition of Edward Jessop, Esquire, to the Board, praying that his suspension may be taken off as one of the Council in the Island of St. Christopher's, and that he may be restored to his seat in the said Council.

Leeward Islands.

The draught of a representation to his Majesty upon the general instructions, and those relative to the Acts of Trade and Navigation, for George Thomas, Esquire, Governor of the Leeward Islands, having been prepared pursuant to the minutes of Thursday last, was laid before the Board, agreed to and ordered to be transcribed.

The Secretary laid before the Board:—
Maryland.
Certificate from the Remembrancer's Office of security having been given by Horatio Sharpe, Esquire, for the due execution of his office of Lieutenant Governor of Maryland.

The draught of a representation to his Majesty upon the instructions relative to the Acts of Trade and Navigation for Lord Baltimore, Proprietary of Maryland, having been prepared pursuant to the minutes of Thursday last, was laid before the Board, agreed to and ordered to be transcribed.

North Carolina.

Their lordships took into further consideration the state of affairs in his Majesty's province of North Carolina, and ordered a state of the case with respect to the Act passed there in 1746, for ascertaining the number of the Assembly and queries thereupon to be prepared, in order to lay before the Attorney and Sollicitor General for their opinion.

Nova Scotia.

Read a memorial of Mr. Kilby to the Lords of the Treasury praying that £11,374 2s. 9d. may be issued to him to answer certain Bills and other demands for the service of Nova Scotia, having been laid before the Board their lordships approved thereof, and ordered Mr. Kilby to present the same to the Lords Commissioners of his Majesty's Treasury for their directions thereupon.

Wednesday, April 18. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane.

North Carolina.

The Right Honourable Horatio Walpole, Esquire, being present, their lordships made a further progress in the consideration of the state of affairs in his Majesty's province of North Carolina more particularly with respect to the confused state of the grants of land and quit rents therein.

Leeward Islands.

Mr. Thomas, Governor of the Leeward Islands, attending, was called in, and the letters lately received from Mr. Fleming, Lieutenant General of the said Islands, relative to the disorders and disturbances in the Island of Nevis having been read, it was recommended to Mr. Thomas as soon as possible after his arrival in his government to inquire into the state of this affair and to use his utmost endeavours to put a stop to such disorders and irregular proceedings, and to transmit a particular account thereof, and of his conduct therein to the Board.

Their lordships further recommended to Mr. Thomas to make particular enquiry into the state of the Virgin Islands, and the letter to Mr. Mathew, late Governor of the Leeward Islands, relative to this affair, dated the 11th of March, 1752, having been read, a copy thereof was ordered to be delivered to him, and he was desired to comply with the directions therein contained.

Leeward Islands.

A letter from the Right Honourable Horatio Walpole to the Board, relating to the irregular proceedings of the Receiver General of the casual revenue, and of his having deputed Mr. Webb, Attorney General, to bring the said Receiver to an account, and desiring their lordships will give directions to Governor Thomas to be aiding and assisting to the said Attorney General, in order to bring the said Receiver General to a regular account, having been read, Mr. Thomas was desired to take all proper measures for bringing the said Receiver of the casual revenue to a proper account, and to acquaint the Board with his proceedings therein.

Nevis.

Montserrat.

There being three vacancies in the Council of Nevis, and two in the Council of Montserrat, Mr. Thomas was directed immediately upon his arrival in his government to transmit the names of such persons as he shall find there properly qualified to supply the said vacancies.

Leeward Islands.

The draught of a representation to his Majesty with the general instructions and those relative to the Acts of Trade for Mr. Thomas, Governor of the Leeward Islands, having been transcribed pursuant to the preceding minutes, was signed.

Maryland.

The draught of a representation to his Majesty with the instructions for the Proprietary of Maryland relative to the Acts of Trade having been transcribed pursuant to the preceding minutes, was signed.

Massachusets.

The draught of a representation to his Majesty upon a letter from Mr. Phips, Lieutenant Governor of the Massachusets Bay, having been transcribed pursuant to the minutes of the 5th instant, was signed.