Journal, February 1759

fo. 40.

Thursday, February 1. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

New York.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, to Mr. Pownall, dated January 31st, 1759, in answer to one from him inclosing an extract of a letter from the Lieutenant Governor of New York, respecting the loss which the trade of that and the neighbouring Colonies have sustained by the depredations of the enemy upon their sea coasts.

Ordered, that the Secretary do transmit a Copy of the said letter to the Lieutenant Governor of New York.

Georgia.

fo. 41.

Their lordships took into consideration an estimate of the Civil Establishment of the Colony of Georgia, and of the contingent expences attending the same from Midsummer 1758 to Midsummer 1759, prepared pursuant to Order; and the estimate having been approved, Mr. Oswald was desired to present it to the House of Commons, in obedience to His Majesty's Commands signified to the Chancellor of the Exchequer.

Nova Scotia.

fo. 42.

Their lordships then took into consideration an estimate of the expence of maintaining and supporting the civil Establishment of His Majesty's Colony of Nova Scotia for the year 1759, transmitted by the Governor of the said Colony, and mentioned in the Minutes of the 14th of November last, and made some progress therein.

Tuesday, February 6. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

South Carolina.

Read the following Letters and Papers received from the Governor of South Carolina, viz.
Letter from Governor Lyttelton, dated December 22nd, 1757, informing the Board, that the Assembly had enabled him to build additional barracks, etc., and had presented him two Bills for his Assent respecting the troops, which he had rejected.
fo. 43.
Letter from Governor Lyttelton, to the Board, dated August 7th, 1758, respecting Indian affairs, etc.
Letter from the Little Carpenter, a Sachem, to Governor Lyttelton, dated June 3rd, 1758, acknowledging the receipt of the presents sent him, and promising to go to Virginia against the King's enemies.
Extract of a letter from George Turner, Esqr., to Governor Lyttelton, dated at Fort Prince George at Keowee, relating to his transactions with the Indians.
fo. 44.
Letter from Governor Lyttelton to the Board, dated October 2nd, 1758, informing their lordships, that he had received a letter from the Lieutenant Governor of Virginia giving him an account of some rencounters between some inhabitants of that Colony and the Cherokee Indians.
Copies of the talk of Tiftoe, the Wolf, etc., to Governor Lyttelton, August 7th, 1758.—and of the Emperor Old Hop, etc., to Do., July 28th, 1758.
Copy of Governor Lyttelton's letter to the Headmen and Warriors of the middle and lower settlements of the Cherokee nation.
Copy of the Little Carpenter's letter to Governor Lyttelton, dated July 29th, 1758.
Letter from Governor Lyttelton to the Board, dated December 1st, 1758, and inclosing
Copy of the Minutes of the Conference between Governor Lyttelton and the Cherokee Deputies in November, 1758.
fo. 45.
Journals of the Assembly of South Carolina from October 6th, 1757, to May 19th, 1758.

Wednesday, February 7. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Rigby, Mr. Hamilton, Mr. Sloper.

South Carolina.

Read a letter from William Henry Lyttelton, Esqr., Governor of South Carolina, to the Board, dated December 2nd, 1758, respecting the Assembly's Resolution to build additional barracks, and the manner they had quartered the King's troops, inclosing
fo. 46.
Letter from Lieutenant Colonel Bouquet to Governor Lyttelton, dated February 28th, 1758, relating to the quartering the King's troops.

Ordered, that extracts be made of such parts of the letters from the Governor of South Carolina, mentioned in yesterday's Minutes, as relate to the efforts made by that province for His Majesty's service and the great encouragement it will be to them to receive their share of the fifty thousand pounds granted by Parliament for the southern Colonies; and that the Secretary do transmit such extracts to the Secretary to the Lords Commissioners of the Treasury to be laid before that Board.

Georgia.

Read the following letters received from Mr. Ellis, Governor of Georgia, viz.
fo. 47.
Letter from Henry Ellis, Esqr., Governor of Georgia, to the Board, dated October 25th, 1758, respecting the weak state of the Colony, and the necessity of keeping up the Body of Rangers.
Letter from Henry Ellis, Esqr., Governor of Georgia, dated November 9th, 1758, thanking the Board for their recommendation of him to be Governor in Chief, and informing them of his apprehensions of the bad designs of the Cherokee and other Indians, and of a quarrel which has happened between the said Cherokees and the Creeks.

fo. 48.

Ordered, that an extract be made of such parts of the said letters as relate to the difficulty he is under in continuing to subsist the troops of Rangers raised for the defence of that Province, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to Mr. Secretary Pitt therewith be prepared.

Trade.

Africa.

The Secretary laid before the Board the following papers received from the Committee of the Company of Merchants trading to Africa, which were read, viz.
The Account of the Committee of the Company of Merchants trading to Africa, distinguishing every article of expence under its proper title in 1757.
Copy of a letter from Cudjoe, Caboceer of Cape Coast, to the Committee of the Company of Merchants trading to Africa dated 26th October, 1757, etc.
fo. 49.
Copies of letters, etc., to and from the Committee of the Company of Merchants trading to Africa.
Copy of a letter from C. Bell, Esqr., to the Committee of the Company of Merchants trading to Africa. Received 31st July, 1758, dated Antigua, 26th April, 1758.
Copy of a letter from the Committee of the Company of Merchants trading to Africa, to the President and Council of Cape Coast Castle, dated August 23rd, 1758.

Ordered, that the Secretary do give notice to the Committee to attend the Board on Tuesday next, the 13th instant.

New Jersey.

fo. 50.

Their lordships took into consideration the several letters and papers, which have been received from the Governor of New Jersey since his arrival in his Government; and ordered the draught of a letter in answer thereto to be prepared.

Thursday, February 8. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton.

Georgia.

fo. 51.

The draught of a letter to Mr. Secretary Pitt, with an extract of a letter from the Governor of Georgia, respecting the difficulties he is under in continuing to subsist the troops of Rangers raised for the defence of that Province, having been prepared pursuant to order, was agreed to, transcribed and signed.

New Jersey.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 7th of February, 1759, approving a Representation of this Board of the 7th of December last upon the letters and papers received from the Governor of New Jersey; in which he represents the necessity of an alteration of his Instructions concerning paper-bills of credit, and directing the draught of an additional Instruction to the said Governor thereupon to be prepared.

fo. 52.

Their lordships took the said Order into consideration; and after some time spent therein, the draught of an additional Instruction was agreed to, and a Report to the Lords of the Committee of Council was prepared and signed.

Nova Scotia.

Read a letter from Mr. Martin, Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated February 7th, 1759, signifying His Majesty's Commands, that this Board should prepared and lay before the House of Commons an estimate of the expence of supporting and maintaining the settlement of His Majesty's Colony of Nova Scotia for the year 1759.

fo. 53.

An estimate having been accordingly prepared was agreed to; and Mr. Oswald was desired to present it to the House of Commons, pursuant to His Majesty's Commands.

Trade.

Africa.

Read a letter from the Secretary of the Committee of the Company of Merchants trading to Africa, to Mr. Pownall, dated February 7th, 1759, signifying the desire of the Committee, that this Board would procure an Order from the Secretary of State to the Governors of Goree and Senegal to aid, advise and assist such Officers as the Committee should send thither to make enquiries into the nature of the gum and other trades of those places.

fo. 54.

Their lordships took the said letter into consideration; and after some time spent therein, ordered the draught of a letter to Mr. Secretary Pitt thereupon to be prepared.

Virginia.

The Secretary having acquainted the Board, that the merchants trading to Virginia had directed him to move their lordships, that they may have a copy of an Act passed in Virginia, 1755, intituled,
An Act to amend an Act intituled An Act declaring the Law concerning executions, and for the relief of insolvent debtors, and for other purposes therein mentioned;
it was ordered, that a copy thereof should be made, and delivered to the said merchants.

fo. 55.

Tuesday, February 13. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Trade.

Africa.

fo. 56.

Their lordships took into consideration such parts of the letters to and from the Committee of the Company of merchants trading to Africa, and their officers and others, as relate to the disturbances and obstructions to our trade at Popo, on account of the King of Popo's son having been brought off the coast and detained here by Mr. Roberts, formerly an officer upon the coast; and several gentlemen of the Committee attending with their Secretary pursuant to order, they were called in; and having laid before the Board the copy of a letter from them to Mr. Roberts upon this matter in August, 1756, together with his answer thereto, they desired the Board's advice and assistance in this matter. Whereupon their lordships agreed further to consider thereof on Tuesday, next, the 20th; and the Secretary was ordered to writ to Mr. Roberts to desire his attendance on that day; and then the gentlemen withdrew.

fo. 57.

The draught of a letter to Mr. Secretary Pitt, desiring that the Governors of Goree and Senegal may have orders to assist such persons as the Committee of the Company of Merchants trading to Africa shall send to make enquiry into the nature of the trade of those places, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

The Secretary laid before the Board the following Orders of the House of Commons, viz.
"Veneris 9°. die Februarii 1759.

"Ordered,
That there be laid before this House An Account of the money paid, and charges incurred, by supporting and maintaining the settlement of His Majesty's Colony of Nova Scotia from the 1st of January, 1757, to the 31st of December following.

fo. 58.

"Ordered,
That there be laid before this House, An Account of the money paid, and charges incurred, by supporting and maintaining the Settlement of His Majesty's Colony of Nova Scotia from the 1st of January, 1758, to the 31st of December following.
J. Dyson,
Cl. Dom. Com."

fo. 59.

An Account of the money paid, and charges incurred, by supporting and maintaining the Settlement of Nova Scotia for the year 1757, prepared by the agent pursuant to order, was laid before the Board; and Mr. Oswald was desired to present it to the House of Commons; and at the same time to acquaint the House, that the latter Order for laying before them an account of the money paid and charges incurred by supporting and maintaining the said Colony for the year 1758, cannot be at present complied with, by reason the proper Officers in the said Colony have not transmitted any accounts of the expenditure, or any vouchers for the payment of money for the year 1758; but that as soon as the accounts and vouchers shall be received, the account shall be made up with all possible dispatch, and laid before the House.

Leeward Islands.

Read a letter from George Thomas, Esqr., Governor of the Leeward Islands, to the Board, dated November 30th, 1758, giving an account of an engagement between His Majesty's ship Buckingham and three French ships of war; of the proceedings of the Assembly of Nevis against the Chief Justice of that Island; and of the state of the Council of Antigua.

fo. 60.

Ordered, that an extract be made of such part of the said letter as relates to the conduct of the Dutch in supplying the French with warlike stores and provisions, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter to him therewith be prepared.

Virginia.

Their lordships then took into further consideration the several Acts passed in the Colony of Virginia, mentioned in the minutes of the 24th ult.; and after some time spent therein, it was agreed to consider further thereof on Wednesday next, the 21st instant; and the Secretary was directed to desire the attendance of Mr. Dinwiddie, late Lieutenant Governor of that Colony.

fo. 61.

Wednesday, February 14. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

Leeward Islands.

The draught of a letter to Mr. Secretary Pitt, with an extract of that part of Governor Thomas's letter, mentioned in yesterday's minutes, which relates to the Dutch supplying the French in the West Indies with warlike stores and provisions, having been prepared pursuant to Order, was agreed to, transcribed and signed.

Nova Scotia.

fo. 62.

The Secretary having acquainted the Board, that he had, in obedience to their commands, had some conversation with General Cornwallis upon the Memorial of the widow of the late Captain Edward Howe, mentioned in the minutes of the 1st of December last, and that General Cornwallis had informed him, that he believed the facts set forth in the said Memorial and Account annexed thereto, to be in general just and true; a letter to the Governor of Nova Scotia thereupon, and also for transmitting a copy of the Estimate for supporting the settlement of Nova Scotia for the year 1759, with their lordships' observations upon it, was agreed to, transcribed and signed.

New York.

fo. 63.

Their lordships took into consideration a Memorial of Mr. Kemp, Attorney General of New York, mentioned in the minutes of April 11th, 1758, together with an Act passed in that Province in 1754, for preventing malicious prosecutions by His Majesty's Attorney General, complained of in the said Memorial; and upon consideration thereof, and no objection appearing to their lordships against the said Act, it was ordered to lye by, until the further effect and operation of it might be known.

Georgia.

Their lordships took into consideration the following Acts passed in the Colony of Georgia in 1755, 1756 and 1757, together with Sir Matthew Lamb's Reports thereupon, viz.
An Act to prevent fraudulent Deeds and Conveyances.
An Act for the better Regulation of the Courts of Request.
fo. 64.
An Act for the Ease of Dissenting Protestants within this Province, who may be scrupulous of taking an Oath in respect of the manner and form of administering the same.
An Act for declaring and establishing the method of drawing and summoning Jurors in the Province of Georgia.
An Act to explain and amend an Act, intituled, An Act for declaring and establishing the method of drawing and summoning Jurors in the Province of Georgia.
An Act for the better settling the Province of Georgia.

Several material objections appearing to their lordships against the said Acts, the draught of a Representation to His Majesty thereupon, proposing that they may receive His Majesty's Royal disallowance, was ordered to be prepared.

fo. 65.

Thursday, February 15. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper.

Leeward Islands.

fo. 66.

Their lordships took into consideration the state of the Councils in His Majesty's Leeward Charibbee Islands in America; and after some time spent therein, ordered the draughts of Representations to His Majesty to be prepared, proposing that Arthur Freeman, Francis Frye, Byam Freeman, and Valentine Morris may be appointed of the Council of Antigua, in the room of Benjamin King, Reverend Francis Byam, and William Byam, deceased, and William Mackinnen, who has never taken his seat; that George Weatherill, Lewis Brotherson, and John Estridge may be appointed of the Council of St. Christopher's to compleat the said Council to twelve; and that Thomas Ottley and Matthew Mills Galwey may be appointed of the Council of Nevis in the room of James Symmonds, resigned, and James Emra, settled at Antigua.

Bahamas.

The Secretary laid before the Board draughts of general Instructions and of those for the observance of the Acts of Trade and Navigation, prepared pursuant to order, for William Shirley, Esqr., Governor of the Bahama Islands, which said draughts were approved, and a Representation to His Majesty thereupon agreed to, and ordered to be transcribed.

Nova Scotia.

fo. 67.

Read a letter from Mrs. Catherwood, midwife at Halifax in Nova Scotia, to the Board, dated 18th December, 1758, desiring their lordships' leave to come to England for the recovery of her health.

Their lordships, upon consideration of the above letter, agreed, that Mrs. Catherwood should have leave to return to England for the recovery of her health; provided she appointed such person to officiate for her, and made such satisfaction for doing the duty in her absence, as the Governor should approve; and the Secretary was ordered to signify their lordships' resolution to her, and also to the Governor.

Barbados.

fo. 68.

Their lordships took into consideration the following Acts passed in the Island of Barbados in 1756, together with Sir Matthew Lamb's Report thereupon, viz.
An explanatory and additional supplemental Act to an Act intituled An Act to keep inviolate and preserve the Freedom of Elections, and appointing who shall be deemed Freeholders, and be capable of electing or being elected Assembly Men or Vestry Men, or to serve as Jurors to try real Actions within this Island.
An additional and supplemental Act to the three several Acts appointing who shall be deemed Freeholders capable of electing or being elected Assembly Men or Vestry Men, or to serve as Jurors to try real Actions within this Island.

fo. 69.

Ordered, that the said Acts do lye by, till their operation and effect may be further known.

Tuesday, February 20. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Rigby, Mr. Sloper.

Trade.

Africa.

fo. 70.

fo. 71.

Their lordships took into further consideration such parts of the letters to and from the Committee of the Company of Merchants trading to Africa, and their Officers and others, as relate to the disturbances and obstructions to our trade at Popo, on account of the King of Popo's son having been brought off the coast and detained here by Mr. Roberts, formerly an Officer on that coast; and Mr. Roberts attending, as desired, with several of the Committee of the Company of Merchants trading to Africa, they were called in; and Mr. Roberts having been acquainted with the reason of his being desired to attend, he informed their lordships, that, while he was chief of Cape Coast under the late African Company, he had entered into engagements, which he thought for the interest and advantage of this country, with the King of Popo, for settling a Trade and having an Establishment in his country; that the King, as a pledge for his consent, that we should erect a fort there, in case we thought proper so to do, desired to put his son into his, Mr. Roberts's hands; that he accordingly accepted his offer; but before the boy arrived from Popo, he was removed from the command; that he thought proper, however, to bring the boy home, together with a son of the Caboceer and Linguist of Dixcove; and soon after his arrival, offered to put them under the care and protection of the Committee, who declined having any thing to do with them. Mr. Roberts being asked as to the amount of the expence he had been at in the maintenance of these boys, said it might amount to about eighty or ninety pounds.

fo. 72.

Mr. Pole, one of the Committee, after having made some observations upon what had been said by Mr. Roberts, and stated the great inconveniencies and mischiefs which might follow to our trade and interests upon the coast of Africa, if private persons were allowed to bring off and detain the natives upon pretence of their being persons of consequence and consideration, said, that the Committee was ready on their part to do any thing in this business their lordships should advise and recommend; but as they had of late met with much difficulty with respect to their accounts, they did not care to apply any part of the publick money to purposes of this kind without the sanction and authority of this Board.

fo. 73.

The gentlemen being withdrawn, their lordships, upon consideration of what had been stated, of the further prejudice which might arise to our trade and interests upon this part of the coast, if these boys were any longer detained, and of the reasonableness of Mr. Roberts's demand for the maintenance of them, were of opinion, that it would be adviseable for the Committee to allow Mr. Roberts his demand, upon his producing the Boys, and send them over by the first ship to their parents and friends; and the gentlemen being again called in, they were made acquainted with the Board's opinion upon this matter; and Mr. Roberts having mentioned, that it would be necessary the boys should be cloathed, and some presents sent with them to their fathers, Mr. Pole said, the Committee would enquire, what might be proper to be done in that way, and do therein, as should appear necessary and expedient; and then they withdrew.

North Carolina.

fo. 74.

Read a letter from Mr. Wood, Secretary to the Commissioners of the Customs, dated February 17th, 1759, to Mr. Pownall, containing the opinion of the said Commissioners upon an Act of North Carolina to restrain the exportation of bad and unmerchantable tobacco, and for preventing frauds in His Majesty's Customs.

Their lordships took the said Act into further consideration, and agreed, that the same should lye by, until the further operation and effect of it might be known.

fo. 75.

Read a letter from the Lord Bishop of London, dated Fulham, 19th February, 1759, containing his observations upon an Act of North Carolina for appointing Parishes and Vestries, etc., stating the measures he had taken for regulating and ascertaining ecclesiastical and episcopal jurisdiction in the Colonies; and inclosing
Some Considerations humbly offered to the King in Council by Thomas, Bishop of London, relating to ecclesiastical Government in His Majesty's Dominions in America.

Their lordships took into consideration the above mentioned Act of North Carolina for appointing Parishes and Vestries, etc., and after some time spent therein, ordered the draught of a Representation to His Majesty to be prepared, proposing its repeal.

Georgia.

fo. 76.

The draught of a representation to His Majesty, proposing the repeal of several Laws passed in the Colony of Georgia, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Bahamas.

The draught of a Representation to His Majesty, with the draughts of General Instructions and of those which relate to the observance of the Laws of Trade and Navigation, prepared for William Shirley, Esqr., Governor of the Bahama Islands, having been transcribed pursuant to order, was signed.

Leeward Islands.

The draughts of Representations to His Majesty, recommending several persons to supply vacancies in the Councils of the Leeward Islands, having been prepared pursuant to order, were agreed to, transcribed and signed.

fo. 77.

Representations to His Majesty, recommending Michael White to be appointed of the Council of Montserrat, and John Symmonds, Henry Sharpe and Walter Nesbit to be appointed of the Council of Nevis, were agreed to and signed.

Read five Orders of His Majesty in Council dated this day, approving the Representations of the Board, proposing several persons to supply the vacancies in the Councils of the Leeward Islands, and directing Warrants in the usual form to be prepared; and the Warrants having been accordingly prepared, were approved, and Representations to His Majesty therewith were signed.

fo. 78.

Wednesday, February 21. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Sloper.

Georgia.

The draught of a Representation to His Majesty upon several Laws passed in the Province of Georgia, having been transcribed pursuant to order, was signed.

North Carolina.

The draught of a representation to His Majesty, proposing the repeal of an Act passed in North Carolina in 1755 for appointing Parishes and Vestries, etc., having been prepared pursuant to Order, was agreed to, and ordered to be transcribed.

Plantations General.

fo. 79.

The Address or Representation of the Lord Bishop of London to His Majesty in Council, respecting the want of ecclesiastical and limited episcopal jurisdiction in the Colonies, mentioned in the minutes of yesterday, was read.

Trade.

Greenland.

Read a Memorial of R. G. Merinet, stating the hardships and inconveniencies, which many material branches of the commerce and navigation of this Kingdom labour under from the partial regulations in favour of the Greenland Fishery.

Ordered, that the said Memorial do lye by for further consideration, when the Memorialist shall apply to be heard upon it.

Virginia.

fo. 80.

The Secretary having acquainted the Board, that Mr. Dinwiddie, late Lieutenant Governor of Virginia, who was desired to attend this day upon several Laws passed in Virginia, mentioned in the minutes of the 24th of January, was not in town, the further consideration of those Laws was postponed.

Thursday, February 22. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Virginia.

fo. 81.

Read a letter from Samuel Martin, Esqr., Secretary to the Lords Commissioners of the Treasury, to Mr. Pownall, dated the 20th instant, inclosing a Memorial presented to Mr. Secretary Pitt by the Agent for Virginia, proposing that a sum of money may be given for presents to the Ohio and other western Indians; and also a letter from Mr. Pitt's Secretary to Mr. Martin upon that subject; and signifying the desire of the Lords Commissioners of the Treasury, that this Board would take the same into consideration, and favour them with their opinion upon it.

Ordered, that the draught of a letter to the Lords Commissioners of the Treasury thereupon be prepared.

fo. 82.

Tuesday, February 27. Present:—Earl of Halifax, Mr. Oswald, Mr. Jenyns, Mr. Hamilton, Mr. Sloper.

Virginia.

Their lordships took into consideration the laws of Virginia, mentioned in the Minutes of the 24th of January; and Mr. Dinwiddie, late Lieutenant Governor of that Colony, attending without, was called in; and their lordships having had some discourse with him upon the subject-matter of the said several laws, he withdrew; and it was ordered, that the said laws should lye by, until the operation and effect of them could be further known.

North Carolina.

fo. 83.

The draught of a representation to His Majesty, proposing the repeal of An Act passed in North Carolina for appointing Parishes and Vestries, having been transcribed pursuant to Order, was signed.

Montserrat.

The draught of a Representation to His Majesty, proposing that John Symes, Esqr., may be appointed of the Council of Montserrat, was signed.

North Carolina.

Read a Report of the Chief Justice and Attorney General of North Carolina upon several laws of that Colony, referred to their consideration on the 24th of January last.

fo. 84.

Ordered, that the said Report and laws be taken into further consideration on Tuesday the 6th of March; and that the Secretary do give notice to the Chief Justice and Attorney General to attend on that day.