Journal, March 1750: Volume 58

Journal, March 1750

Friday, March 2. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane.

Plantations General.

Read a letter from his Grace the Duke of Bedford, one of his Majesty's principal Secretaries of State to the Board, relating to 400 French protestants being landed in Jersey, and that it is his Majesty's orders that they transmit some proposals for settling them in some part of his dominions in America.

Ordered that the draught of a letter to his Grace be prepared, desiring to be informed of the circumstances of the said French protestants, and the same having been accordingly prepared, was laid before the Board, agreed to, transcribed and signed.

Nova Scotia.

Read a letter from Mr. Dick, dated at Rotterdam, the 6th of March, 1750, relating to the Board's proposals for the encouragement of foreign protestants to settle in Nova Scotia, having been published at Newchatel, and Bern, etc.

Ordered that the Secretary do write to Mr. Dick to acquaint him, that their lordships desire he will endeavour to have a sufficient number of foreign protestants ready to be transported to Nova Scotia by the middle of next month.

New York.

New Jersey.

Read an order of Council, dated the 2nd of February, 1749–50, directing this Board to lay before the Lords of the Council, the present state and condition of the provinces of New York and New Jersey, that have been for some time and continue to be in great disorder, together with their opinion what may be most adviseable for his Majesty to do therein.

New Jersey.

Mr. Morris, Chief Justice of New Jersey, attending, presented to the Board the following papers, viz:—
The power given by the Council of Proprietors of East New Jersey unto Robert Hunter Morris, Esquire, to act as their agent relating to the riots.

Their lordships, after some conversation with Mr. Morris, desired him to prepare and lay before them such further information and evidence with respect to the said riots, as he shall be able, which he acquainted their lordships he should do with all possible dispatch.

Nova Scotia.

Read a letter from Dr. Bearcroft, Secretary to the Society for the Propogation of the Gospel in foreign parts, dated the 26th February, 1749–50, with extract of a letter from the Reverend Mr. Tuttie, one of their missionaries to the province of Nova Scotia, giving an account of the religious state of that province, etc.

Ordered that the Secretary do write to Dr. Bearcroft, to desire him to thank the Society, in their lordships' name, for their care of the religious state of that province.

Monday, March 5. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin.

Nova Scotia.

Mr. Kilby attending, laid before the Board a letter to him from Mr. Richard Oswald and Company, acquainting him, that Mr. Davidson, Treasurer to the Colony of Nova Scotia, had wrote to him to desire him to send out some medicines for the Hospital at Nova Scotia, which they intended should be sent out by the end of this month.

Ordered that the Secretary do write to Mr. Oswald, to discharge him from sending any medicines or any other commodities whatever for the use of the settlement in Nova Scotia, without directions from this Board; at the same time their lordships directed Mr. Kilby to write to Mr. Davidson and acquaint him therewith, and that they look upon it as the highest insult upon them, that any officer under the Governor should presume to give any orders for anything from hence to be sent to the settlement of Nova Scotia without the intervention of this Board.

Ordered that Mr. Kilby do not accept any bills drawn upon account of the settlement of Nova Scotia, unless advice of such bills be sent to this Board by the Governor, specifying for what particular services such bills are drawn, and testifying his approbation of such services, and that Mr. Kilby do direct Mr. Davidson to acquaint the Governor therewith.

Wednesday, March 7. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Townshend.

Plantations General.

Their lordships took into consideration the letter from the Duke of Bedford relating to the French protestants in the Island of Jersey, and ordered the draught of a letter to his Grace, in answer thereto, to be prepared.

Thursday, March 8. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend.

The draught of a letter to the Duke of Bedford having been prepared, pursuant to yesterday's minutes, was laid before the Board, agreed to, transcribed and signed.

Friday, March 9. Present:—Earl of Halifax, Mr. Herbert, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

Nova Scotia.

Their lordships took into consideration the state of his Majesty's province of Nova Scotia, and the draught of a representation thereupon to his Grace the Duke of Bedford, with proposals for the further settlement thereof, was agreed to, transcribed and signed.

Tuesday, March 13. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

New Jersey.

Their lordships took into consideration the present state of his Majesty's province of New Jersey, and the Secretary laid before them the following papers relative thereto, delivered by Mr. Morris, pursuant to their lordships' directions, viz:—
Additional state of facts relating to the riots.
Deposition of Mr. Morris that no riots were committed on account of any action brought by him.
Preamble to An Act passed in New Jersey for avoiding actions of slander.
Copy of Chief Justice Morris's opinion given in Council against passing the Act of general pardon.
Mr. Alexander's deposition concerning the riots.
The paper A. No. 12 referred to in the state of facts.
An original letter from six of the members of his Majesty's Council to Governor Belcher.
Sixteen depositions referred to in the above additional state of facts.
Ordered that the draught of a report to the Lords of the Committee of Council upon the state of this province be forthwith prepared.

Thursday, March 15. Present:—Earl of Halifax, Lord Dupplin, Mr. Townshend.

Pennsylvania.

Read an Order of the Lords of the Committee of Council, dated the 28th of February, 1749–50, referring to the consideration of this Board two Acts passed in the province of Pennsylvania, the 19th of August, 1749.

Ordered that the said Acts be sent to Mr. Lamb for his opinion thereon in point of law, as soon as conveniently may be.

Wednesday, March 21. Present:—Mr. Pitt, Lord Dupplin, Mr. Fane, Mr. Townshend.

North Carolina.

Read an Order of the Lords of the Committee of Council, dated the 21st of November, 1749, referring to this Board two packets of papers, relating to a complaint concerning an Act passed in North Carolina in 1746 for the better ascertaining the number of members to be chosen for the several Counties within that province to sit in General Assembly; and directing this Board to proceed in the examination of this affair, and make their further report thereupon to the Lords of the Committee.

Mr. Abercromby attending, moved their lordships to appoint a day for taking the abovementioned order and papers into consideration; whereupon Mr. Abercromby was acquainted that their lordships should take this affair into consideration on Thursday next, the 29th instant, when he was desired to attend, and the Secretary was ordered to give notice to Mr. McCulloch, agent for the petitioners against the Act, to attend at the same time.

New York.

Read the following letters and papers from Mr. Clinton, Governor of New York, viz:—
Letter from Mr. Clinton, Governor of New York, to the Board, dated at Fort George, the 7th of August, 1749, containing a further account of the faction there and transmitting:—
Copy of an information against Oliver de Lancey.
Governor Clinton's speech to the General Assembly of New York, the 4th of August, 1749.

Letter from Mr. Clinton, Governor of New York, to the Board, dated at Fort St. George, the 24th of September, 1749, acquainting the Board that the constables and other peace officers are influenced by the faction to disobey his orders and transmitting:—
Copy of Governor Clinton's order to the Sheriffs of New York, dated 10th May, 1749, relating to the number of inhabitants in that province.
Copy of an intercepted letter from the engineer at Niagara, dated 5th of July, 1749.
Extracts of two letters from Colonel Johnson, of the 19th August and 1st of September, 1749.
Governor of Canada's letter, dated 22nd August, 1749, to the Governor of New York.
Governor Clinton's answer to the Governor of Canada's letter of the 22nd August.
The Clerk of the Council's memorandum, September 19th, 1749.

Letter from Mr. Clinton, Governor of New York, to the Board, dated the 27th September, 1749, transmitting the following papers, viz.:—
List of the names of persons naturalized within the province of New York, from January the 18th, 1748, to the 28th July, 1749.
Minutes of Council, from the 13th of October, 1748, to the 8th of August, 1749.
Printed votes and proceedings of the Assembly, from the 27th of June to the 4th of August, 1749.
Six Acts passed at New York in October and November, 1749.

Letter from Mr. Clinton, Governor of New York, to the Board, dated the 17th of October, 1749, containing a further account of the violence of the faction against his Government, and informing the Board that the French are forming designs to interrupt the British commerce in America, and transmitting:—
Copy of a letter from the chief engineer at Fort Niagara, to the Governor of Canada, dated the 5th of July, 1749.
Copy of Governor Hamilton's letter of 2nd October, 1749, to Governor Clinton, with a copy of Monsieur Celeron's to Mr. Hamilton, Deputy Governor of Pennsylvania, dated the 10th of August, 1749.
The speech of a French officer to some Indians and their reply.

New York.

Letter from Mr. Clinton, Governor of New York, to the Board, dated November 26th, 1749, containing an account of the behaviour of the Treasurer of the province, etc., and transmitting:—
Copy of a letter from the Commissary at Oswego, to Governor Clinton, dated the 23rd September, 1749, inclosing his return of the far-off Indians, the number of canoes, the number of people, etc.
Copy of a letter from Mr. Clinton, Governor of New York, to the Governor of Canada, dated at Fort George, the 30th of October, 1749.
The Deputy Secretary's answer to Governor Clinton about the Treasurer, dated November 6th, 1749.
Copy of a letter from Colonel Johnson to Governor Clinton, in relation to Indian affairs, dated November 22nd, 1749.
Copy of Colonel Wendell's letter to Governor Clinton, dated 28th October, 1749.

Ordered that all such of the abovementioned letters and papers, as relate to the designs of the French to interrupt our commerce with the Indians, and to the transactions with the Governor of Canada, relative to the release of the Indians who are prisoners there, be forthwith copied, and the draught of a letter to his Grace the Duke of Bedford, inclosing the same, be likewise prepared.

Friday, March 23. Present:—Lord Dupplin, Mr. Fane, Mr. Townshend.

Nevis.

Application having been made to their lordships, that Charles Payne, Esquire, appointed of the Council of Nevis by General Mathew to fill up the number of the said Council to seven, might be recommended to his Majesty for his confirmation, and it appearing that the said Charles Payne had served some time in the Council of Nevis, their lordships ordered the draught of a representation to his Majesty to be prepared, proposing his appointment; and the said draught having been accordingly prepared, was laid before the Board, agreed to, transcribed and signed.

New York.

The draught of a representation to his Majesty, proposing William Johnson, Esquire, to be of the Council of New York, in the room of Philip Livingston, Esquire, deceased, having been prepared, pursuant to the minutes of the 15th of last month, was laid before the Board, agreed to and ordered to be transcribed.

Nova Scotia.

Read a letter from the Duke of Bedford, dated 20th March, 1749–50, signifying his Majesty's pleasure that this Board do direct such persons out of the number of French protestants lately arrived in Jersey, to be sent to Nova Scotia, as they shall judge most proper for that purpose.

Mr. Serse, a minister of the French Protestant Church in England, attending, acquainted their lordships, that he had received intelligence of the abovementioned French protestants being arrived in Jersey from the minister of the church in that island; whereupon he had wrote to him for a list of the said people, with the number of which each family consisted, their ages, wants and occupations, to which he expected soon to have a return; he further acquainted their lordships that there was now in London one Monsieur Morin, a protestant minister of Normandy, who had retired from persecution, and who was well acquainted with the circumstances of these people.

Whereupon their lordships desired that Mr. Serse would attend again on Monday, and bring with him the said Mr. Morin for their lordships' further information in this affair.

New York.

The draught of a letter to his Grace the Duke of Bedford, inclosing copies and extracts of several letters and papers from Mr. Clinton, Governor of New York, having been prepared, pursuant to the minutes of the 21st instant, was laid before the Board, agreed to and ordered to be transcribed.

North Carolina.

The Secretary, having informed their lordships, that Mr. McCulloch, agent for the petitioners against the Act passed in North Carolina for regulating the Assembly, had signified to him that he could not be prepared to be heard by counsel on the day appointed by their lordships, for taking this affair into consideration, the Secretary was directed to write to Mr. McCulloch and also to Mr. Abercromby, agent for the province, to attend on Monday next, the 26th, at eleven o'clock.

Trade.

Italy.

Read a letter from the Duke of Bedford, dated the 5th January, 1749–50, inclosing a memorial, setting forth the right his Sardinian Majesty claims of laying a duty of two per cent. upon all British vessels under 200 tons, which shall cross the Seas of Villa Franca, Nice and St. Hospice, etc.

Ordered that the said letter and memorial be taken into consideration on Tuesday next, the 27th instant, and that the Secretary do write to the several merchants concerned in the trade to the abovementioned places and also the captains of any ships trading thither, to desire their attendance at the Board on that day, at eleven o'clock in the forenoon.

Read a letter from his Grace the Duke of Bedford, to the Board, dated the 19th of March, 1749–50, inclosing an address of the Assembly of Jamaica to his Majesty, setting forth the apprehensions they are under on account of the great number of slaves in proportion to the white inhabitants, and praying that the instruction of the late Lords Justices, restraining the Governor from giving his assent to the Deficiency Act, may be withdrawn.

Ordered that the said letter and address be taken into consideration on Thursday next, the 29th instant, and that the Secretary do write to Mr. Sharpe, agent for the Island of Jamaica, and also to the principal planters and gentlemen interested in that island, now residing in England, to desire their attendance at the Board on that day, at eleven o'clock in the forenoon.

Monday, March 26. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

St. Christopher's.

Read Mr. Lamb's report upon a private Act passed at St. Christopher's in June, 1749, for confirming and establishing certain articles of agreement entered into between Anne Galway, widow, and her children, and others, and for rendring the said agreement effectual for the purposes thereby intended.

St. Christopher's.

The Secretary acquainted their lordships that he was desired by Mr. Paris, agent for the parties concerned in the abovementioned Act, to move their lordships for a representation to his Majesty, proposing the confirmation of the said Act, and it appearing that the same had passed through all the forms prescribed for the passing of private Acts in the plantations and all the parties having consented, the draught of a representation to his Majesty accordingly was ordered to be prepared.

Newfoundland.

Read a letter from Mr. Aldworth to Mr. Hill, dated the 24th March, 1749–50, inclosing an extract of a letter from Captain Rodney, late Governor of Newfoundland, to his Grace the Duke of Bedford, representing the want of a power in the Governor of that island of appointing persons to take cognizance of capital crimes together with a report of the Attorney and Solicitor General thereupon; and signifying that it is the desire of the Duke of Bedford that this Board should take this affair into consideration and prepare the draught of an instruction thereupon, to be laid before his Majesty in Council.

Ordered that the Secretary do write to the Attorney General for his opinion whether his Majesty can empower the Governor of Newfoundland to appoint Commissioners of Oyer and Terminer in capital cases by an instruction only, or whether it should not be by commission under the Great Seal.

North Carolina.

Mr. Abercromby, agent for the province of North Carolina, and Mr. McCulloch, agent for the petitioners, against an Act passed there for regulating the Assembly attending, as desired by the preceding Minutes, Mr. McCulloch acquainted their lordships that he was ready to be heard thereupon, whenever their lordships should appoint; whereupon Tuesday, the 24th of April, was agreed upon, when both parties were ordered to attend.

Nova Scotia.

Mr. Serse attending, as desired, with Monsieur Morin, a Minister of the French Protestant Church, M. Morin acquainted their lordships, that there were about 300 French protestants in Jersey, as near as he could tell, that more were coming, and that the greatest part of them were persons under age and almost entirely manufacturers, and that they were in great distress.

Ordered that Mr. Kilby do write to Mr. Grosset, merchant in Jersey, desiring him to request the Revd. Mr. Huey to return an answer to Mr. Serse's letter, in relation to the French protestants there.

Ordered that the draught of a letter to his Grace the Duke of Bedford be prepared, to acquaint his Grace with what the Board have done in this affair.

Tuesday, March 27. Present:—Mr. Grenville, Lord Dupplin, Mr. Fane.

Trade.

Italy.

Their lordships took into consideration the letter from the Duke of Bedford, inclosing the memorial of the Court of Sardinia, relating to a claim of two per cent. upon all ships under 200 tons passing through the seas of Villa Francha, Nice and St. Hospice, and Mr. Shameen, concerned in the trade to Italy, and who resided several years at Leghorn, attending, with several captains and masters of ships using that trade, Mr. Shameen acquainted their lordships that he never heard of any duty paid by English ships, that there was a small duty of one livre, Piedmont money, per bale, demanded upon Tuscan, Italian and French barks under eighty tons passing by Villa Francha; the captains likewise informed their lordships that they never heard of any such duty, and produced many instances of their putting into the abovementioned ports in vessels under 200 tons without breaking bulk and that no duty was ever demanded, they further informed the Board that the greater part of the trade to these ports was carried on in ships under 200 tons.

Their lordships then desired they would get what instances they could from the captains of ships using this trade, of their having put in to Villa Francha, Nice or St. Hospice under 200 tons, without breaking bulk or having any duty demanded, and transmit a list of such precedents to the Board, as soon as possible, and then they withdrew.

Ordered that the Secretary do write to Mr. Lekeux, whom their lordships are informed resided several years at Genoa and Turin, to desire his attendance at the Board on Friday next, the 30th instant.

St. Christopher's.

The draught of a representation to his Majesty, proposing the confirmation of a private Act, passed in St. Christopher's in June, 1749, having been prepared, pursuant to the preceding minutes, was laid before the Board, agreed to and ordered to be transcribed.

Jamaica.

Read the following letters and papers from Mr. Trelawney, Governor of Jamaica, viz.:—
Letter from Mr. Trelawney to the Board, dated the 28th of October, 1749, inclosing:—
His speeches to the Council and Assembly, and the Assembly's addresses to him in October, 1749.
Letter from Mr. Trelawney to the Board, dated the 4th December, 1749, transmitting the following papers, relating to the clandestine trade carried on between the English Northern Colonies and the French Sugar islands, viz.:—
An extract of the Governor, Council and Assembly's address and representation to his Majesty of the 21st November, 1749.
Mr. Manning's examination before the Assembly of Jamaica with regard to clandestine trade.
Copy of Mumford's clearance from Rhode Island to Jamaica, dated the 19th of August, 1749.
Copy of Mumford's register, 19th August, 1749.
Richard Mumford's examination before the Assembly of Jamaica, the 9th November, 1749, relating to clandestine trade.
Copy of a letter from Monsieur le Cholet to Mr. Nichols', of Rhode Island, dated at St. Domingue, 7th November, 1749.

Jamaica.

Ordered that the last mentioned letter from Mr. Trelawney and the papers therewith transmitted, be forthwith copied and the draught of a letter to his Grace the Duke of Bedford prepared, for inclosing the same to his Grace.

Ordered that the Secretary do transmit copies of the said letter and papers to the Secretary to the Lords Commissioners of his Majesty's Treasury, to be laid before that Board.

Wednesday, March 28. Present:—Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

Nova Scotia.

The draught of a letter to his Grace the Duke of Bedford, acquainting him with what the Board have done concerning the French protestants in Jersey, having been prepared, pursuant to the minutes of the 26th instant, was laid before the Board and ordered to be transcribed.

Jamaica.

The draught of a letter to his Grace the Duke of Bedford, inclosing copies of a letter and papers received from Mr. Trelawney, Governor of Jamaica, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to and ordered to be transcribed.

St. Christopher's.

The draught of a representation to his Majesty proposing the confirmation of a private Act passed in St. Christopher's in June, 1749, having been transcribed, pursuant to yesterday's minutes, was laid before the Board and signed.

Nova Scotia.

Read a letter from Mr. Oswald and company to the Board, dated the 8th March, 1749–50, inclosing proposals for transporting the French Protestants in Jersey to Nova Scota.

Ordered that the Secretary do write to Mr. Oswald, to acquaint him that the Board have not yet received full information concerning the said French protestants, but that when they shall be fully informed, they will take his proposals together with such other as they have received or may receive from any other persons, into consideration.

Read a letter from Messrs. Stork and Champion, proposing to carry over the French protestants now in Jersey to Nova Scotia, at £4 per head.

Mr. Stork attending, their lordships desired he would prepare and lay before them, as soon as possible, proposals in writing on what terms, as to the tonnage, and victualling to be allowed to the said persons, they are willing to undertake such contract.

Thursday, March 29. Present:—Mr. Grenville, Lord Dupplin, Mr. Fane.

Newfoundland.

Read Mr. Attorney General's report, dated the 27th instant, relating to a power to be given to the Governor of Newfoundland to appoint persons for the hearing and determining capital offences in Newfoundland; and the said report and also Mr. Aldworth's letter, mentioned in the minutes of the 26th instant, having been taken into consideration, their lordships ordered the draught of a letter to the Duke of Bedford thereupon to be prepared, and the said letter having been accordingly prepared, was laid before the Board, agreed to, transcribed and signed.

Newfoundland.

The draught of a letter to his Grace the Duke of Bedford, acquainting him with what the Board had done concerning the French protestants in Jersey, having been transcribed, pursuant to the preceding day's minutes, was laid before the Board and signed.

Jamaica.

Their lordships, pursuant to the minutes of the 23rd instant, took into consideration a letter from the Duke of Bedford, referring an address of the Assembly of Jamaica, desiring that the instruction restraining the Governor of that Island from giving his assent to the Deficiency Law whereby absentees are rated in a greater proportion than residents, may be recalled; and Mr. Sharpe, agent for the said Island of Jamaica, and Mr. Paris, solicitor in behalf of the absentees, attending, their lordships heard evidence in support of the allegations of the said address, and the parties being withdrawn, their lordships agreed to proceed further in this affair, on Wednesday next, the 5th of April.

Friday, March 30. Present:—Mr. Grenville, Lord Dupplin, Mr. Townshend.

Trade.

Italy.

Mr. Lekeux attending, as desired, their lordships had some discourse with him on the subject of the memorial of the king of Sardinia relating to a claim of two per cent. upon all ships under 200 tons passing through the seas of Villa Francha, Nice and St. Hospice, and he informed their lordships that about twenty-five years ago he resided at Turin, but never heard of any such claim or that any duty of this kind was ever demanded.

Nova Scotia.

Read a letter from his Grace the Duke of Bedford, dated the 29th instant, signifying his Majesty's approbation of the several points proposed in the Board's letter to his Grace of the 9th instant, relative to Nova Scotia, except the publishing an advertisement of the encouragement to be given to such as are desirous of settling there, in which particular it is his Majesty's pleasure, that the number of persons proposed should be procured in a more private manner.

Ordered that a book be opened for entering the names of such persons as shall apply to be settled in Nova Scotia, being of useful handicraft trades and employments, and not manufacturers, provided they be properly recommended by one or more persons of credit and reputation.

Ordered that the draught of a letter to Colonel Cornwallis, Governor of Nova Scotia, upon the several points now under consideration, be prepared.