Journal, June 1760
Tuesday, June 3. Present:—Earl of Halifax, Mr. Pelham,
Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.
Georgia.
fo. 150.
The Secretary laid before the Board a memorial prepared by
the agent for the colony of Georgia, to be presented to the Lords
Commissioners of his Majesty's Treasury, praying that the money,
granted by Parliament for the service of that colony for the year
1760, may be issued to him, as has been usual: 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 lordships' directions upon it.
Jamaica.
fo. 151.
The Secretary also laid before the Board three orders of his
Majesty in Council, dated the 20th ult. repealing two Acts passed
in Jamaica, and signifying his Majesty's displeasure; and it was
ordered, that the Secretary should transmit the said orders to
the Lieutenant Governor of that island, together with copies
of the Board's representations to his Majesty in Council upon the
said two Acts.
Pennsylvania.
The parties respectively interested in the laws of Pennsylvania,
now under the Board's consideration, attending with their counsel,
pursuant to the adjournment of the 24th ult., they were called
in; and their lordships proceeded to hear the arguments offered
on each part upon the following laws, viz.
A supplement to the Act, intituled, An Act for establishing
Courts of Judicature in this province.
An Act for the more effectual suppressing and preventing of
lotteries and plays.
fo. 152.
An Act for appointing an Agent to apply for and receive the
distributive share and proportion, which shall be assigned
to this province of the sum of money granted by Parliament
to his Majesty's colonies in America.
An Act for the relief of the heirs, devisees and assigns of persons
born out of the King's leigeance, who have been owners of
lands within this province, and have died unnaturalized.
An Act for the continuance of an Act of Assembly of this
province, entituled, A Supplementary Act to the Act
entituled "an Act for preventing the exportation of bread
and flour not merchantable," and for the new appointment
of officers to put the same in execution.
fo. 153.
An Act for the further continuance of an Act of Assembly
of this province, entituled, An Act for the continuance of
an Act of Assembly of this province entituled a Supplementary
Act to the Act entituled an Act for preventing the exportation
of bread and flour not merchantable, and for the new appointment of officers to put the said law in execution.
An Act to prevent the exportation of bad and unmerchantable
staves, heading, boards and timber.
The counsel being ordered to withdraw, their lordships agreed
to take the laws into further consideration on Thursday morning.
fo. 154.
Thursday, June 5. Present:—Earl of Halifax, Mr. Pelham,
Mr. Jenyns, Mr. Hamilton, Mr. Bacon.
Nova Scotia.
fo. 155.
The Secretary laid before the Board a Memorial [vide supra
page 123], 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 four thousand, four hundred and thirteen
pounds, thirteen shillings and eleven pence may be issued to
him out of the grant of Parliament for the support of that colony,
to enable him to pay bills drawn upon him by the Governor for
the ordinary service of government, and to discharge other
demands on account of the said service: 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
lordships' directions upon it.
Pennsylvania.
The Board then took into consideration the laws of Pennsylvania, referred to their lordships by the orders of the Lords
of the Committee of Council for Plantation affairs of the 20th
of February and 13th of March last; and, after some time spent
therein, ordered the draught of a report to the Lords of the
Committee of Council thereupon to be prepared.
fo. 156.
Thursday, June 12. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Bacon.
Virginia.
The draught of a letter to the Lieutenant Governor of Virginia,
in answer to two received from him, and containing directions
with respect to the Agency Act, [vide fol. 126 and 134], having
been prepared pursuant to order, was agreed to, and ordered to
be transcribed.
fo. 157.
The Secretary laid before the Board two Orders of his Majesty
in Council of the 20th of May last repealing three private Acts
passed in Virginia in 1758 and 1759, and signifying his Majesty's
pleasure thereupon. Ordered, that the said Orders, together
with a copy of the Board's report upon the said Acts, be transmitted to the Lieutenant Governor of Virginia with the above
mentioned letter.
North Carolina.
The draught of a letter to the Governor of North Carolina, in
answer to one from him, having been prepared pursuant to order
[vide fol. 110], was agreed to, and ordered to be transcribed.
Jamaica.
The draught of a letter to the Lieutenant Governor of Jamaica,
containing directions with respect to the Agency Act of that
island, having been prepared pursuant to order [vide fol. 134],
was agreed to, and ordered to be transcribed.
Massachusetts.
fo. 158.
The Secretary laid before the Board an order of his Majesty in
Council of the 20th of May last, approving the draught of a bill
prepared by the legislature of the Massachusets Bay, entituled,
An Act for finishing such commissions as have been begun to be
acted upon and have not been finished, during the continuance in
force of an Act providing remedy for bankrupts and their creditors,
and directing the Governor to pass the same into a law.
Massachusetts.
Ordered, that the Secretary do transmit the said orders,
together with a copy of the Board's representation to his Majesty
upon the said bill [vide fol. 73], to the Governor of the Massachusets
Bay.
Barbados.
fo. 159.
Read a memorial of the Reverend Thomas Barnard, clerk,
praying that he may have a further leave of absence from his
cure on the island of Barbados for twelve months.
Their lordships, upon consideration of the said memorial,
approved of what is therein requested; and a letter to Mr.
Secretary Pitt, desiring he would move his Majesty to grant to
the memorialist his further royal leave to be absent from his cure
for twelve months from the expiration of his former leave, and
inclosing a warrant for that purpose, was signed.
Nova Scotia.
fo. 160.
Read a letter from Charles Lawrence, Esquire, Governor of
Nova Scotia, dated 17th March, 1760, giving the Board an account
of his reason for drawing on the agent for that colony for a sum
of above £8,000; and acknowledging the receipt of their lordships' letter of 14th December last.
New York.
Read the following letters and papers received from the
Lieutenant Governor of New York, viz.
Letter from Mr. Delancey, Lieutenant Governor of New
York, to the Board, dated 23rd January, 1760, containing
an account of an Act lately passed there to impower
Justices of the Peace, &c. to try causes of the value of five
pounds and under, &c.
Votes and proceedings of the General Assembly of New
York from 17th October, 1759, to December 24th following.
Printed copies of Acts passed at New York in December,
1759.
fo. 161.
Letter from Mr. Delancey, Lieutenant Governor of New
York, to the Board, dated 5th February, 1760, respecting
the encouragement he has given to such persons as shall
be inclined to settle a certain tract of land between Fort
Edward and Lake George.
Copy of a proclamation to encourage the inhabitants to
return to their settlements, and to encourage persons to
settle three spots of ground between Fort Edward and
Lake George.
Copy of a minute of Council on the petition of James
Bradshaw and others for Letters Patent for a tract of land
between Fort Edward and Lake George.
fo. 162.
Letter from Lieutenant Governor Delancey to the Board,
dated 16th February, 1760, acknowledging the receipt
of three of their lordships' letters; respecting a day of
publick thanksgiving; his reasons for assenting to the
bill relative to the Justices' Court; and the case of
Escheats.
Printed proclamation for observing a day of thanksgiving
for the success of his Majesty's arms.
Letter from Mr. Delancey, Lieutenant Governor of New York,
to the Board, dated 28th April, 1760, containing remarks
on two Acts lately passed there; and respecting his
preparations for the ensuing campaign.
fo. 163.
Copy of an Act to impower persons in the City of London
to receive the quota that shall be allotted to this colony
by his Majesty out of the £200,000, granted by Parliament
for the Northern Colonies.
List of Acts passed in the province of New York on 22nd
March, 1760.
Ordered, that the printed copy of the Act for the trial of small
causes be referred to Sir Matthew Lamb for his opinion thereupon
in point of law, and that he be furnished with the reasons assigned
by the Lieutenant Governor for passing the said Act.
fo. 164.
Ordered, that copies be made of that letter and those papers
received from the Lieutenant Governor of New York, which relate
to the application made to him for a grant of the lands lying
between Fort Edward and Lake George, and to the proceedings
of the Council thereupon, to be laid before his Majesty, and that
the draught of a representation to his Majesty be prepared,
proposing that his Majesty would be graciously pleased to approve
the proceedings of the Lieutenant Governor and Council, and give
orders, that the grantees of the said lands be exempted from the
payment of quit-rents for ten years from the date of their grant.
Ordered, that the draught of a letter to Mr. Delancey, in answer
to those received from him, be prepared.
New Jersey.
Read the following letters and papers received from the (late)
Governor of New Jersey; viz.
fo. 165.
Letter from Mr. Bernard to the Board, dated 25th February,
1760, acquainting their lordships with the solemnization
of a day of thanksgiving; expressing his gratitude for
his appointment to be Governor of the Massachusets
Bay; stating the case of Mr. Morris's claim to resume the
office of Chief Justice; and respecting his having appointed
the Assembly to meet, in order to provide for the service
of the next campaign.
Copy of a letter from Mr. Morris to Governor Bernard,
March 22nd, 1760, shewing his reasons, why he ought to
have been permitted to resume his office of Chief Justice.
fo. 166.
Letter from Governor Bernard to the Board, dated 22nd
March, 1760, containing an account of the proceedings
of the Supreme Court on the case of Mr. Morris's claim to
the office of Chief Justice; and of his having entered a
protest against the order of that court.
Copy of the minutes of the Supreme Court of New Jersey
on Mr. Morris's claim.
Copy of the Patent under the Seal of New Jersey, appointing
Robert Hunter Morris, Esquire, Chief Justice of that
province.
New Jersey.
Letter from Governor Bernard to the Board, dated 29th
March, 1760, containing remarks on the bill for raising
the regiment of the province, and his reasons for passing
it.
Naval Office lists of ships and vessels entered and cleared
at Perth Amboy between 5th July, 1759, and January 5th,
1760.
fo. 167.
Ordered, that the draught of a representation to his Majesty
be prepared, containing a state of the case of the appointment
of a Chief Justice of the province of New Jersey, and proposing
that the Attorney and Solicitor General may be directed to
give their opinion, what method it may be proper for his Majesty
to take to support the right of nomination to the said office of
Chief Justice against the claims of Mr. Morris.
Read a letter from Thomas Boone, Esquire, Governor of New
Jersey, dated Charles Town, South Carolina, March 24th, 1760,
acquainting the Board with his intention of embarking in few
days, in order to take upon him the administration of the government.
fo. 168.
Friday, June 13. Present:—Earl of Halifax, Mr. Jenyns
Mr. Sloper, Mr. Bacon.
Maryland.
Read a letter from Horatio Sharpe, Esquire, Deputy Governor
of Maryland, to the Board, dated 28th March, 1760, acquainting
their lordships, that a day of publick thanksgiving had, in obedience
to the King's commands, been solemnized in that province for the
success of his Majesty's arms.
Connecticut.
fo. 169.
Read a letter from Thomas Fitch, Esquire, Governor of Connecticut, to the Board, dated 10th April, 1760, acquainting their
lordships, that a day of publick thanksgiving had, in obedience
to the King's commands, been solemnized in that colony for the
success of his Majesty's arms.
Georgia.
Read the following letters and papers received from the
Governor of Georgia, viz.
Letter from Henry Ellis, Esquire, Governor of Georgia, to
the Board, dated March 5th, 1760, respecting the further
measures he has taken for preventing the mischiefs which
threaten the colony from the hostilities of the Cherokee
Indians.
Letter from Henry Ellis, Esquire, Governor of Georgia, to
the Board, dated March 15th, 1760, acknowledging the
receipt of two of their lordships' letters, and containing
an account of the present state of Indian affairs.
Grants of lands from 27th January, 1758, to 27th July, 1759.
fo. 170.
Minutes of Council from 7th December, 1757, to 25th May,
1759.
Do. of Upper House of Assembly from 15th June, 1758, to
27th March, 1759.
Do. of Commons House of Assembly from 13th November,
1758, to 27th March, 1759.
Four Acts passed in March, November and December,
1759, and in March, 1760.
South Carolina.
The Secretary laid before the Board the following publick
papers received from Mr. Lyttelton, late Governor of South
Carolina, viz.
Minutes of Council from 6th June, 1758, to 6th June, 1759.
Minutes of Assembly from 2nd July to 13th October,
1759.
Five Acts, and an Ordinance passed 19th May, 1758.
South Carolina.
Georgia.
fo. 171.
Ordered, that the above mentioned Acts of South Carolina
and Georgia be sent to Sir Matthew Lamb for his opinion thereupon
in point of law as soon as conveniently may be.
New York.
North Carolina.
Jamaica.
Virginia.
The draught of a letter to Mr. Delancey, Lieutenant Governor
of New York, having been prepared pursuant to order, was agreed
to and signed; as were also the letters to the Governor of North
Carolina, Lieutenant [Governor] of Virginia, and Lieutenant
Governor of Jamaica, which had been transcribed pursuant to
order.
New York.
The draught of a representation to his Majesty upon the
measures pursued by the Lieutenant Governor and Council of
New York for settling the lands between Fort Edward and
Lake George, having been prepared pursuant to order, was
approved, transcribed and signed.
fo. 172.
Bermuda.
Read the following letters and papers received from the
Governor of Bermuda, viz.
Letter from William Popple, Esquire, Governor of Bermuda,
to the Board, dated 6th November, 1758, containing reasons
against Mr. Tucker's proposition to their lordships, relative
to the entry and clearance of vessels in Bermuda.
Letter from William Popple, Esquire, Governor of Bermuda,
to the Board, dated 24th March, 1759, acknowledging the
receipt of their lordships' letter of 5th July, 1758, and his
Majesty's Instruction respecting the disposal of the Crown
Lands.
Letter from William Popple, Esquire, Governor of Bermuda,
dated 26th June, 1759, informing the Board of the state
of the publick accounts.
fo. 173.
Governor Popple's speech to the Council of Bermuda on the
14th June, 1759.
Copy of a letter from Governor Popple to the Speaker of
the House of Representatives in Bermuda, dated June
15th, 1759.
Copy of the Grand Jury's presentments for June assize, 1759.
Minutes of Council from 10th October, 1758, to 14th June,
1759.
Minutes of Council in Assembly from October 13th, 1758
to June 14th, 1759.
Bermuda.
Letter from William Popple, Esquire, Governor of Bermuda,
dated October 2nd, 1759, acquainting the Board with the
progress he has made in the sale of the King's lands in
the Bermuda Islands.
Letter from William Popple, Esquire, Governor of Bermuda,
to the Board, dated October 2nd, 1759, recommending
two gentlemen to supply vacancies in the Council.
fo. 174.
Letter from William Popple, Esquire, Governor of Bermuda,
to the Board, dated 23rd October, 1759, transmitting
the following publick paper.
Minutes of Assembly from the 13th November, 1758,
to the 19th September, 1759.
Letter from William Popple, Esquire, Governor of Bermuda,
to the Board, dated January 21st, 1760, relating to the
sale of the remaining part of the King's lands, and
containing observations on his speech to the Assembly,
and on the Council's memorial.
Copy of the speech of Governor Popple to the Council and
Assembly of Bermuda, respecting the privileges of the
several branches of the Legislature; and of the Council's
address upon it.
fo. 175.
Memorial of the Council of the Bermuda Islands to the
Board, dated January 15th, 1760, relating to their present
situation and circumstances, and prosposing an alteration
with respect to the manner of carrying on the trade of the
said islands.
Minutes of Council in Assembly from 9th July to 19th
September, 1759.
Ordered, that the draught of a representation to his Majesty
be prepared, proposing that Thomas Smith, Esquire, and
Jonathan Burch, Esquire, may be appointed of the Council of
the Bermuda Islands, in the room of John Butterfield, Esquire,
deceased, and Henry Corbusier, Esquire, who has resigned his
seat in the said Council.
Bahamas.
Read a letter from William Shirley, Esquire, Governor of the
Bahama Islands, to the Board, dated 29th March, 1760, containing an account of his arrival in his government, and of an
illicit trade carried on between the Northern Colonies and the
French Settlements on Hispaniola; and inclosing
fo. 176.
Copy of a letter from the Lieutenant Governor of Monte
Christi to Governor Shirley, dated 1st March, 1760.
Copy of Governor Shirley's letter to the Lieutenant Governor
of Monte Christi, dated 26th March, 1760.
Ordered, that an extract be made of so much of the said letter,
as relates to the condemnation of the Spanish vessels mentioned
therein, and also copies of the two papers received with the letter,
to be transmitted to Mr. Secretary Pitt; and a letter to him
therewith having been approved, was transcribed and signed.
Connecticut.
fo. 177.
Read a letter from Jared Ingersoll, Esquire, agent for the
colony of Connecticut, to the Secretary, dated 2nd June, 1760,
representing the expediency of having a Court of Admiralty
established in that colony for the more effectual prosecution of
breaches of the laws made for the preservation of the King's
wood; and inclosing
Memorandum by Mr. Ingersoll of sundry matters relative
to the present circumstances of the Court of Admiralty
at New York, &c.
Sundry affidavits relative to the quantities of pine trees
cut and applied to private use in New England, that are
fit for masts, and belong to the King.
Copies of two letters from Mr. Wentworth to the Governor
of Connecticut, shewing the necessity of appointing a
Court of Admiralty in Connecticut.
Substance of an affidavit, which Daniel Blake is ready to
make, relative to the waste made in his Majesty's woods.
fo. 178.
Their lordships, upon consideration of the said letter, were of
opinion, that it should lye by for further consideration, when the
Attorney and Solicitor General should have made their report
upon the case referred to them in November, 1758, relative to
the preservation of his Majesty's woods in North America.
fo. 179.
Tuesday, June 17. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Sloper, Mr. Eliot.
New Jersey.
The draught of a representation to his Majesty, containing a
state of the case of the appointment of a Chief Justice of the
province of New Jersey, and proposing that the Attorney and
Solcititor General may be directed to give their opinion, what
method it may be proper for his Majesty to take to support the
right of nomination to that office against the claim of Mr. Morris,
having been prepared pursuant to order, was agreed to, transcribed
and signed.
fo. 180.
Friday, June 20. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper, Mr. Eliot.
Georgia.
Read a memorial of Benjamin Martyn, Esquire, agent for the
colony of Georgia, praying the Board's warrant to impower
him to apply forty eight pounds, one shilling and six pence for
the freight of goods ordered by his Majesty to be sent to Georgia
for presents to the Indians, out of the balance remaining in his
hands of the money directed by warrant to be applied to such
services as this Board should direct.
Their lordships approving the said memorial, a warrant in the
usual form was prepared, agreed to, transcribed and signed.
fo. 181.
Bermuda.
The draught of a representation to his Majesty, proposing that
Thomas Smith and Jonathan Burch, Esquires, may be appointed
of the Council of the Bermuda Islands, in the room of John
Butterfield and Henry Corbusier, Esquires, having been prepared
pursuant to order, was agreed to, transcribed and signed.
Nova Scotia.
Read the following letter and papers received from the Governor
of Nova Scotia, viz.
Letter from Charles Lawrence, Esquire, Governor of Nova
Scotia, to the Board, dated 11th May, 1760, in answer
to their lordships' letter of 14th December last; and
respecting his transactions with the Indians of St. John's
River, and his measures for the settlement of the province.
Places in Nova Scotia where disbanded soldiers might be
settled.
fo. 182.
A list of the laws which have been passed in the General
Assembly of the province of Nova Scotia, begun and holden
at Halifax on the 4th day of December, 1759.
Leeward Islands.
Guadeloupe.
The Secretary laid before the Board the following paper
transmitted to him by Mr. Wood, Secretary to the Right Honourable Mr. Secretary Pitt, viz.
Mémoire des Articles, sur lesquels le Sieur Robert Deshayes,
chargé des affaires de la Guadeloupe, et dependances,
doit traitter lors de son arrivée à Londre.
Tuesday, June 24. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper, Mr. Eliot.
Pennsylvania.
fo. 183.
The draught of a report to the Lords of the Committee of
Council for Plantation affairs upon nineteen Acts passed in the
province of Pennsylvania in 1758 and 1759, having been prepared
pursuant to order, was agreed to, transcribed and signed.