Journal, March 1759
Thursday, March 1. Present:—Earl of Halifax, Mr. Oswald,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper.
Virginia.
The draught of a letter to the Lords Commissioners of the
Treasury upon the Memorial of the agent for Virginia, respecting
presents for the Ohio and other Western Indians, having been
prepared pursuant to order, was agreed to, transcribed and
signed.
Nova Scotia.
fo. 85.
The Secretary laid before the Board a Memorial prepared by
the agent for the settlement of Nova Scotia, to be presented to
the Lords Commissioners of the Treasury, praying that the sum
of eight hundred, forty eight pounds, seven shillings and seven
pence may be issued to him to discharge Bills drawn upon him
by the Governor of the said Colony, and other demands relative
thereto; and the said Memorial having been approved, it was
ordered, that the agent should present it to the Lords Commissioners of the Treasury for their directions upon it.
Barbados.
fo. 86.
Their lordships took into consideration the following Act
passed in Barbados in 1756, together with Sir Matthew Lamb's
Report thereupon, viz.
An Act to prevent His Majesty's Subjects in this Island from
corresponding with those of the King's Enemies, and from
supplying them with Provisions or warlike Stores of any
kind, and also for remedying the defects of the several Laws
already made against Forestallers, Ingrossers and Exporters
of Provisions, and for enforcing the said Laws.
Ordered, that the said Act do lye by, till the further effect and
operation of it may be known.
Jamaica.
fo. 87.
Their lordships then took into consideration the following Acts
passed in Jamaica in 1756, together with Sir Matthew Lamb's
Reports thereupon, viz.
An Act for explaining, amending and rendering more effectual
an Act, intituled, An Act to secure the Freedom of Elections
and the proceedings in the Choice of Members to serve in
Assemblies in this Island; to qualify Persons elected to
serve in future Assemblies in this Island, and to ascertain
who shall be deemed Mulattoes for the future; and for preventing the fraudulent Practice of multiplying votes at the
Elections of Members to serve in the Assembly of this Island.
An Act to reverse the Sentence against Thomas Kello, a
Prisoner, in the Gaol of St. Iago de la Vega.
fo. 88.
Ordered, that the said Acts be taken into further consideration
on Tuesday next, the 6th instant, and that the Secretary do give
notice to the agent for the Island to attend on that day.
Antigua.
Their lordships then took into consideration the following Act
passed in the Island of Antigua in 1754, together with Sir
Matthew Lamb's Report thereupon, viz.
An Act for preventing Wrongs and Inconveniencies arising
from dormant Judgments.
Several material objections appearing to their lordships against
the said Act, a Representation thereupon to His Majesty, proposing
it might be repealed, was ordered to be prepared.
fo. 89.
Saturday, March 3. Present:—Earl of Halifax, Mr. Oswald,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper.
Leeward Islands.
Read an Order in Council dated this day, approving a Representation of this Board of the 27th February, 1759, proposing that
John Symes, Esqr., should be appointed of the Council in Montserrat; and directing a Warrant to be prepared for that purpose.
A Warrant having been accordingly prepared was approved,
and a Representation to His Majesty was signed.
fo. 90.
Tuesday, March 6. Present:—Earl of Halifax, Mr. Oswald,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper.
North Carolina.
Their lordships took into further consideration the Report of
the Chief Justice and Attorney General of North Carolina upon
several laws passed in that Province since Governor Dobbs'
Administration; and the Chief Justice and Attorney General
attending as desired, they were called in; and their lordships
had some discourse with them upon the subject-matter of the
said laws.
fo. 91.
It appearing, that no notice was taken in their Report of two
of the laws referred to them, viz. that for appointing Sheriffs,
and that for regulating Orphans, their Guardians and Estates, the
said laws were redelivered to them, and they were desired to
consider thereof, and report their opinion thereupon to the Board;
and then they withdrew.
Jamaica.
Their lordships then took into further consideration the
Jamaica Laws, mentioned in the Minutes of the 1st instant; and
the agent for the Island attending as desired, was called in;
and after some discourse had with him thereupon, he withdrew.
Ordered, that the Act for explaining and amending the Act for
securing the Freedom of Elections, etc. do lye by, until the further
effect and operation of it may be known.
fo. 92.
Several material objections appearing against the Act for
reversing the Sentence against Thomas Kello, a Prisoner in the
Gaol of St. Iago de la Vega, a Representation to His Majesty
thereupon proposing its repeal, was ordered to be prepared.
Wednesday, March 7. Present:—Earl of Halifax, Mr. Oswald,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper.
Antigua.
fo. 93.
Jamaica.
The draught of a Representation to His Majesty, proposing the
repeal of an Act passed in the Island of Antigua in 1754 for
preventing wrongs and inconveniencies arising from dormant
Judgments, having been prepared pursuant to order, was agreed
to, and ordered to be transcribed; as was also the draught of a
Representation to His Majesty, proposing the repeal of an Act
passed in the Island of Jamaica in 1756 for reversing the sentence
against Thomas Kello, a prisoner in the goal of St. Iago de la
Vega, prepared pursuant to order.
Newfoundland.
Read a letter from Capt. Edwards, Governor of Newfoundland,
to the Board, dated Gosport, 5th January, 1759, inclosing
Scheme of the Fishery and Inhabitants of Newfoundland
for 1758.
Ordnance and stores at Placentia, June 23rd, 1758.
Return of troops in garrison at Newfoundland in 1758.
fo. 94.
Ordnance and stores at St. John's, Newfoundland, 31st May,
1758.
The Secretary laid before the Board several Memorials and
other papers received from the merchants and others of the ports
of Bristol, Exeter, Barnstaple, Bideford, Dartmouth and Poole,
trading to the Island of Newfoundland, and concerned in the
fishery there, in answer to the letters from the Secretary to the
mayors of those port towns, mentioned in the minutes of the 7th
of November, 1758.
fo. 95.
It appearing to their lordships, upon mature consideration of
these Memorials and Papers, that they had reference only to the
particular and unavoidable inconveniencies resulting to the trade
of Newfoundland from a state of war; and that the principal
remedies proposed to such inconveniencies were a regulation of
convoys, and that the seamen employed in this trade should
be exempted from imprests, they ordered copies of the said
Memorials to be made to be transmitted to the Lords Commissioners of the Admiralty; and the Secretary was ordered to
prepare a letter to accompany the same.
Tuesday, March 13. Present:—Earl of Halifax, Mr. Oswald,
Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Rigby, Mr.
Sloper.
Jamaica.
Antigua.
fo. 96.
The draughts of two Representations to His Majesty upon two
Acts, the one passed in Jamaica in 1756, the other in Antigua in
1754, having been transcribed pursuant to order, were signed.
New York.
Read a letter from James Delancey, Esqr., Lieutenant Governor
of New York, dated 3rd February, 1759, informing the Board that
he will endeavour to get a law passed for settling the borders of
the Province, and inclosing
Printed copies of his speech to the Council and Assembly;
and of the Council's Address to him.
Massachusetts.
fo. 97.
Read a letter from Thomas Pownall, Esqr., Governor of the
Massachusets Bay, to the Board, dated January 10th, 1759,
respecting his having recommended to the Assembly the keeping
their troops upon half pay all the winter; and inclosing
Address of both Houses to Governor Pownall, with their
assurances of continuing to act with vigor.
Friday, March 16. Present:—Earl of Halifax, Mr. Oswald,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper.
North Carolina.
Read a Memorial of the merchants of London and others
interested in and trading to the Province of North Carolina,
complaining of two Acts passed there in 1748 and 1754, for
emitting Paper Bills of Credit.
fo. 98.
Ordered, that the said Memorial be taken into consideration
on Thursday, the 22nd instant, and that the Secretary do give
notice thereof to the merchants, and desire their attendance on
that day.
Trade.
Africa.
The Secretary laid before the Board the following Paper received
from the Committee of the Company of Merchants trading to
Africa; viz.
Copy of a letter from the Governor and Council of James
Fort, Gambia, to the Committee of the Company of
Merchants trading to Africa, dated 1st November, 1758.
Newfoundland.
fo. 99.
The Secretary laid before the Board the draught of a letter to
the Secretary to the Lords Commissioners of the Admiralty
inclosing the copies of the Memorials of the merchants of the
Western Ports concerned in the trade to Newfoundland, prepared
pursuant to order; and the said draught was approved.
Wednesday, March 28. Present:—Earl of Halifax, Mr. Rigby,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper; the Auditor of His
Majesty's Revenue in America.
North Carolina.
fo. 100.
Their lordships took into consideration the Memorial of the
Merchants of London and others interested in and trading to the
Province of North Carolina, complaining of two Acts passed there
in 1748 and 1754 for emitting Paper Bills of Credit; and several
merchants and others interested in the said Province attending
without, they were called in; and their lordships having heard
what they had to offer upon the subject matter of the said
Memorial, they withdrew.
fo. 101.
Their lordships, after some time spent in the consideration of
this affair, ordered the draught of a Representation to His Majesty
to be prepared, proposing that an Additional Instruction should
be sent to the Governor of North Carolina, directing him to recommend to the Council and Assembly to pass an Act for amending
the said laws of 1748 and 1754, by making provision that all
debts due upon contract for sterling money before they were
passed shall be dischargeable in sterling money only; and that
all debts contracted since, or hereafter to be contracted for sterling
money be made payable in the said bills of credit, (if the creditor
is willing to accept the same, and not otherwise) not according
to the nominal value, but according to the the actual difference of
exchange between such paper bills of credit and sterling money at
the time of making such payment; and further that provision be
made, that the paper bills of credit, issued by virtue of the said
laws, or any laws hereafter to be passed for issuing Paper Bills of
Credit, be expressly declared not to be a legal tender in payment of
His Majesty's quit rents or any other His Majesty's revenue.