Journal, January 1760
Volume 67

Sponsor

Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1935

Pages

76-83

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'Journal, January 1760: Volume 67', Journals of the Board of Trade and Plantations, Volume 11: January 1759 - December 1763 (1935), pp. 76-83. URL: http://british-history.ac.uk/report.aspx?compid=77399 Date accessed: 24 October 2014.


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(fn. 1) Journal, January 1760

fo. 1.

Friday, January 4. Present:—Mr. Stone, Mr. Jenyns, Mr. Sloper.

New York.

fo. 2.

Read a letter from Mr. Shelvocke, Secretary to the Post Master General, to the Secretary of this Board, dated the 21st December last, complaining of the pacquet boats for North America having been unreasonably detained at New York, and signifying a request of the Post Master General, that the Board would give directions to the Governor of New York never to detain the pacquet boat in turn to sail, longer than may be necessary for his Majesty's service, and especially when there are two or more pacquets lying at New York.

Ordered, that the Secretary do write to Mr. Delancey, Lieutenant Governor of New York, upon the subject of this complaint, conformable to what is requested by the Post Master General; and that he do acquaint Mr. Shelvocke with the order which the Board has given thereupon.

Monday, January 7. Present:—Mr. Stone, Mr. Jenyns, Mr. Sloper.

Miscellanies.

fo. 3.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office from the 10th of October, 1759, to the 5th of January, 1760, amounting in the whole to four hundred and fifteen pounds, fifteen shillings and five pence; and a letter to the Lords of the Treasury, desiring payment thereof, and of the salaries due to the Secretary and under officers in the service of this Board for the same time, was signed.

Tuesday, January 22. Present:—Earl of Halifax, Mr. Stone, Mr. Pelham, Mr. Jenyns, Mr. Sloper, Mr. Bacon.

Miscellanies.

fo. 4.

A Commission under the Great Seal, dated the 14th January, 1760, appointing the Great Officers of State, together with the Earl of Halifax, Andrew Stone, Thomas Pelham, Soame Jenyns, William Gerard Hamilton, William Sloper, Edward Eliot, and Edward Bacon, Esquires, Commissioners for inspecting and improving the trade and colonies of this kingdom, was opened and read.

Nova Scotia.

fo. 5.

The Secretary laid before the Board an account of money paid and charges incurred for supporting and maintaining the settlement of his Majesty's colony of Nova Scotia for the year 1758, prepared by the agent pursuant to order; and it appearing upon the face of the said account, that the expences incurred had exceeded the estimate for that year in the sum of five thousand, eight hundred and fifty one pounds, four shillings and nine pence, it was ordered that the agent should compare and examine the said account with the particulars of the estimate, and state to their lordships, upon what articles the said exceedings have been incurred.

Pennsylvania.

The Secretary acquainted the Board, that he was desired by the Proprietaries of Pennsylvania to move their lordships for a copy of a report made by this Board in 1731, upon an Act of that province for establishing Courts of Judicature, &c. and also for a copy of the said Act.

Ordered that copies be made of the said report and Act, and delivered to the Proprietaries.

Jamaica.

fo. 6.

The Secretary also acquainted the Board, that he was desired by the agent for the island of Jamaica to move their lordships for the copy of an Act passed in that island in 1747, intituled, An Act for vesting the moiety of two parcels of land at Mantioneil in the parish of St. Thomas in the East, late the estate of John Barton, Esquire, deceased, in trustees, &c. and also for a copy of Sir Matthew Lamb's report to their lordships upon the said Act, dated 23rd January, 1748.

Ordered, that copies be made of the said Act and report, and delivered to the agent.

Nova Scotia.

fo. 7.

Read a letter from Charles Lawrence, Esquire, Governor of Nova Scotia, to the Board, dated November 23rd, 1759, informing their lordships of his proceedings with respect to the Cape Sable Indians; and inclosing
A return of the number of French prisoners taken at Cape Sable in the province of Nova Scotia, and shipped off on board the ship Mary the fourth, William Daverson, master, at Halifax, 9th November, 1759.
Directions for coming into the harbour of Halifax.
A chart of the said harbour.

fo. 8.

Ordered, that the Secretary do desire the Secretary to the Lords Commissioners of the Admiralty to move their lordships to refer the said chart and paper of directions to be examined by any of the Captains of his Majesty's ships acquainted with the navigation of the port of Halifax, to the end that if the said chart and directions be found correct, proper measures may be taken for the publication of them for the benefit of the trade and navigation of his Majesty's subjects.

New Hampshire.

Read the following letters and papers received from Benning Wentworth Esquire, Governor of New Hampshire; viz.
Letter from Mr. Wentworth, Governor of New Hampshire, to the Board, dated May 11th, 1759, in answer to one from the Board, dated 9th December, 1759.
fo. 9.
Letter from Mr. Wentworth, Governor of New Hampshire, dated 30th October, 1759, informing the Board, that he has received the additional instruction relative to the Assembly's providing salaries for the Chief Justice and Justices of the Superior Court, and of their backwardness to comply therewith.
Naval Office lists of ships and vessels entered and cleared between January 5th, 1758, and January 5th, 1759, in the harbour of Piscataqua.

Massachusetts.

Read a letter from Andrew Oliver, Esquire, Secretary of the Massachusets Bay, to Mr. Pownall, dated 20th October, 1759, transmitting the following publick papers; viz.
Minutes of Council from the 1st of June, 1758, to the 22nd May, 1759.
Minutes of the General Court or Assembly from the 31st of May, 1758, to the 24th April, 1759.
fo. 10.
Printed votes of Assembly from 30th May to 20th October, 1759.
Twelve Acts passed in October, 1758, and January and February, 1759.
Four Acts passed in June, 1759.

Ordered, that the above mentioned Acts be delivered to the clerk of the Council in waiting to be laid before his Majesty.

South Carolina.

Read a letter from William Henry Lyttelton, Esquire, Governor of South Carolina, to the Board, dated October 16th, 1759, relative to Indian affairs; and inclosing
Copy of a letter from Maurice Anderson to Lieutenant Coytmore, dated Fort Loudoun, September 12th, 1759.
Copy of Captain Demere's letter to Governor Lyttelton, dated Fort Loudoun, September 13th, 1759.
fo. 11.
Copy of Lieutenant Coytmore's letter to Governor Lyttelton, dated Fort Prince George, September 26th, 1759.
Copy of Captain Stuart's letter to Governor Lyttelton, dated September 26th, 1759.
Copy of Governor Lyttelton's message to the Assembly, without date.
Copy of Governor Lyttelton's speech to the Assembly, without date.
Copy of the Assembly's message to Governor Lyttelton, October 6th, 1759.
Copy of the Assembly's message to Governor Lyttelton, 11th October, 1759.
Copy of Governor Lyttelton's message to the Assembly, without date.
Copy of Governor Lyttelton's speech to the Assembly.

fo. 12.

Ordered, that the said letter and papers be taken into further consideration to-morrow morning.

Maryland.

The Secretary laid before the Board lists of ships entered and cleared in the port of Annapolis from the 5th of April, 1758, to the 5th of July, 1759.

Wednesday, January 23. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

South Carolina.

Their lordships took into further consideration the letters and papers received from the Governor of South Carolina, relating to the hostilities committed by the Cherokee Indians, mentioned in the minutes of yesterday.

Georgia.

fo. 13.

Read a letter from Henry Ellis, Esquire, Governor of Georgia, to the Board, dated September 6th, 1759, respecting the hostilities of the Cherokees; and inclosing
Journal of the Commons House of Assembly from 13th November to 13th December, 1758.
Do. from 16th January to 26th March, 1759.

Jamaica.

Read a letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, to the Board, dated November 2nd, 1759; and transmitting
Copies of his speech to the Council and Assembly of that island on September 25th, 1759; and of their addresses to him.

Leeward Islands.

Antigua.

fo. 14.

Read a memorial of Edward Otto Bayer, Esquire, one of the Council of the island of Antigua, setting forth, that he is now in England upon Governor Thomas's licence for one year to settle his private affairs, and praying the Board would move his Majesty to prolong his leave of absence for two years.

Their lordships, apprehending that inconveniencies might arise to his Majesty's service from granting the memorialist leave of absence for so long a time as two years, did not think it adviseable to comply with the prayer of the said memorial, in so far as regards the term desired; but ordered a letter to Mr. Secretary Pitt to be prepared, desiring him to move his Majesty, that the memorialist may have leave of absence for one year.

fo. 15.

Thursday, January 24. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Leeward Islands.

Antigua.

The draught of a letter to Mr. Secretary Pitt, desiring him to move his Majesty, that Edward Otto Bayer, Esquire, one of the Council of Antigua, may have his Majesty's leave to be absent from that island for one year, and inclosing a warrant for that purpose, for his Majesty's signature, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

fo. 16.

The Secretary laid before the Board the following paper, prepared by the agent of Nova Scotia pursuant to order; viz.
Account of the particulars of the estimate of money granted by Parliament for the support of the settlement of Nova Scotia for the year 1758, compared with the account of the actual expences of that year, shewing the exceedings under each head and article thereof.

Georgia.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated December 20th, 1759, referring to this Board, for consideration and report, two several petitions to his Majesty, respecting the claims of Isaac Levi to a moiety of certain lands in Georgia.

fo. 17.

Ordered, that the said order of reference be taken into further consideration on Thursday next, and notice given to the petitioners, agents of Mr. Levi, to attend.

Nevis.

The Secretary laid before the Board the following papers, referred to in a letter to the Board from Mr. Thomas, Governor of the Leeward Islands, dated the 30th of November, 1758, viz.
Letter from Chief Justice Herbert to Governor Thomas, without date, respecting the complaints exhibited against him by the Assembly.
Observation made by Chief Justice Herbert upon the evidence and examinations taken upon a hearing before the Governor and Council upon articles of charge exhibited against him by the Assembly.
fo. 18.
Minutes of the Council of Nevis, containing articles exhibited against Judge Herbert, and examinations of witnesses thereupon, 1758.

Their lordships, upon consideration of the said papers and of Governor Thomas's said letter, were of opinion, that it would not be regular and consistent with justice for them to give any opinion or judgment in the case of Mr. Herbert, which had been regularly proceeded upon and examined into by the Governor and Council, and whose duty it therefore was to give judgment therein.

Ordered, that the draught of a letter to Governor Thomas upon the subject matter of this case be prepared.

fo. 19.

Tuesday, January 29. Present:—Earl of Halifax, Mr. Pelham, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Georgia.

fo. 20.

Their lordships took into further consideration the order of the Lords of the Committee of Council Plantation Affairs, referring to this Board, for their consideration and report, two several petitions respecting the claims of Isaac Levi to lands in Georgia; and came to the following opinion thereupon; viz. that the case set forth in the said petitions, so far as relates to the bargains and contracts alleged to have been entered into and made between Isaac Levi and Thomas Bosomworth and his wife, is not a matter for prudential consideration, but a question of property, which must be tried and adjudged in the ordinary courts of law in the colony, from which an appeal will lie to his Majesty in Council; that insofar as the said case relates to any bargain made by the Governor of Georgia with Mr. and Mrs. Bosomworth, in which Isaac Levi's claims may have been included, that is a matter which must remain for future consideration, when the Governor's transactions and proceedings in reference to this case have been transmitted; but that the petitioner will in the meantime be at liberty to prosecute his claims in such manner as he shall be advised.

fo. 21.

Mr. Le Breton, one of the petitioners and agent to Mr. Levi, attending without pursuant to order, was called in, together with Mr. Wedderburn, his counsel, and the foregoing opinion of the Board having been read, Mr. Le Breton expressed himself satisfied therewith; and Mr. Wedderburn moved, that no report might be made by their lordships upon this case, until the Governor of Georgia had transmitted an account of his proceedings; which was agreed to; and then the gentlemen withdrew.

Nova Scotia.

fo. 22.

Read a letter from Mr. West, Secretary to the Lords of the Treasury, to Mr. Pownall, dated 28th January, 1760, desiring him to acquaint this Board, that it is his Majesty's command, that they should lay before the House of Commons an estimate of the expence of supporting the colony of Nova Scotia for the year 1760.

The draught of an estimate of the expence of supporting and maintaining the settlement of his Majesty's colony of Nova Scotia for the year 1760, having been accordingly prepared, was agreed to, and transcribed; and Mr. Hamilton was desired to present it to the House of Commons pursuant to his Majesty's commands.

Leeward Islands.

fo. 23.

The draught of a letter to Mr. Thomas, Governor of the Leeward Islands, in reference to the proceedings of himself and the Council of Nevis, upon the articles of charge exhibited by the Lower House of Assembly of that island against the Chief Justice, having been prepared pursuant to order, was agreed to, transcribed and signed.

Plantations General.

The Earl of Halifax communicated to the Board the following paper, presented to his lordship by several merchants and others concerned in the trade to the Northern Colonies, viz.
Reasons for allowing bountys upon the importation of hemp, flax and silk from the British American Colonys.

Ordered, that the Secretary do write to the Secretary to the Commissioners of the Customs, to desire he would move that Board to give directions, that the following accounts be made out and transmitted to their lordships, viz.
fo. 24.
An account of the quantity of hemp imported into England from the British colonies in America between the 1st of January, 1712, and the 1st of January, 1728.
An account of the quantity of pig or bar iron imported into England from the British colonies in America between the 1st of January, 1750, and the 1st of January, 1759.

Wednesday, January 30. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Massachusetts.

Read the following letters and papers received from Thomas Pownall, Esquire, Governor of the Massachusets Bay, viz.
fo. 25.
Letter from Governor Pownall to the Board, dated November 22nd, 1759, containing an account of his proceedings upon the receipt of his Majesty's disallowance of the Bankrupt Act.
Bill for relief of bankrupts, who have not finished their accounts, &c., November 6th, 1759. Copy.
Petition, and Order of the General Court on the petition of Messrs. Quincy.
Do. of Stephen Whiting.
Do. of Jeremiah Osborne and Samuel Osborne.
fo. 26.
Letter from Governor Pownall to the Board, dated November 23rd, 1759, acquainting their lordships, that application has been made to him for the erection of some new townships in the province of Maine, and desiring their directions.

Ordered, that the Secretary transmit the draught of the Bill for relief of Bankrupts, who have not finished their accounts, etc. to Sir Matthew Lamb for his opinion thereupon in point of law.

Their lordships, upon consideration of the 40th article of his Majesty's instructions to the Governor of the Massachusets Bay, referred to in the Governor's letter of the 23rd of November, and also of what is mentioned in his letter of the 22nd, in reference to the House of Representatives not admitting of a suspending clause to be inserted in their laws, were of opinion that it would not be adviseable to move his Majesty to make any alteration in that instruction.

fo. 27.

Ordered, that the draught of a letter to the Governor of the Massachusets Bay, in answer to those received from him, be prepared.

New York.

Read a letter from James Delancey, Esquire, Lieutenant Governor of New Jersey, (fn. 2) to the Board, dated December 16th, 1759, acquainting their lordships, that he had obtained a prolongation of the term, for which the troops raised in that colony were enlisted; and transmitting
Speech of Lieutenant Governor Delancey to the Council and Assembly, December 6th, 1759.
Address of the Council, December 8th, 1759.
Votes of Assembly from December 4th to December 11th, 1759.
Lieutenant Governor Delancey's message, and Assembly's resolution for continuing the troops in the pay of New York.
fo. 28.
Lieutenant Governor Delancey's answer to the Assembly's address, 11th December, 1759.

South Carolina.

Read a letter from William Henry Lyttelton, Esquire, Governor of South Carolina, dated October 23rd, 1759, acquainting the Board with the further measures he has taken against the Cherokees; and transmitting
Minutes of the conferences between Governor Lyttelton and some headmen of the Cherokees on 18th, 19th, and 22nd October, 1759.

Ordered, that the Secretary do give notice to the agent for the province of South Carolina to attend the Board on Friday morning at eleven o'clock.

Jamaica.

fo. 29.

Read a letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, to the Board, dated November 10th, 1759, containing an account of the murder of two masters of trading vessels by the treachery of the Spaniards near Carpenter's river; and of the measures he has pursued, in order to prevent the ill consequences likely to arise from this act of violence; and transmitting
Copy of the deposition of Peter Stewart, relating to the murder of Captains Tarbox and Silver near Carpenter's river.

Ordered, that the above-mentioned letter and deposition be copied, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter, to accompany the same, be prepared.

Footnotes

1 This volume, CO391. 67. concludes with the death of the King, George II, the last entry being dated October 11th.
2 Misprint for New York.