Journal, January 1761
fo. 86.
Wednesday, January 7. Present:—Earl of Halifax, Mr.
Jenyns, Mr. Hamilton, Mr. Eliot.
Miscellanies.
The Secretary laid before the Board an account of the petty
expences and incidental charges of this office from the 10th to
the 25th October, 1760, amounting in the whole to one hundred
and twenty eight pounds, fourteen shillings and six 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 the Board for the same time, was signed.
Georgia.
fo. 87.
Read a letter from Mr. West, Secretary to the Lords of the
Treasury, to Mr. Pownall, dated this day, signifying that the
Chancellor of the Exchequer had received his Majesty's commands,
that this Board should prepare and lay before the House of
Commons an estimate of the civil establishment of Georgia
from Midsummer, 1760, to Midsummer, 1761.
Ordered, that the estimate be accordingly prepared; and that
the agent for the affairs of the colony be directed to attend the
Board on Friday next.
Nova Scotia.
Read a letter from Benjamin Green, Esquire, Treasurer of
Nova Scotia, to the Secretary, dated 19th October, 1760, inclosing,
fo. 88.
Estimate of the civil establishment of Nova Scotia, for the
year 1761.
Abstract of the state of the civil establishment of Nova
Scotia, in the year 1759.
Georgia.
South Carolina.
Read the following letters received from the Governor and
Lieutenant Governor of Georgia, and the Lieutenant Governor
of South Carolina, viz.
Letter from Henry Ellis, Esquire, Governor of Georgia,
to the Board, dated 20th October, 1760, containing an
account of Indian affairs.
fo. 89.
Letters from James Wright, Esquire, Lieutenant Governor
of Georgia, to the Board, dated 23rd October, 1760,
acquainting their lordships with his arrival, with the
apparent danger the province is in and the necessity of
speedy succour.
Letter from William Bull, Esquire, Lieutenant Governor
of South Carolina, to the Board, dated 21st October,
1760, with a postscript of the 29th, concerning hostilities
lately committed by the Cherokees.
Letter from Lieutenant Governor Bull to the Board, dated
18th November, 1760, containing account of the offers
of the Choctaws to enter into alliance with the English;
of the intrigues of the French to prevent the Cherokees
making peace with us; and of Mr. Bull's plan of offensive
war.
fo. 90.
Ordered, that copies be made of the postscript and letter from
the Lieutenant Governor of South Carolina, and an extract of
so much of that from the Governor of Georgia, as relates to the
state of the province in respect to the Indian war, to be transmitted to Mr. Secretary Pitt; and that the draught of a letter
to him thereupon be prepared.
Georgia.
Read a letter from Henry Ellis, Esquire, Governor of Georgia,
to the Board, dated 27th June, 1760, containing a full account of
his proceedings in the execution of his late Majesty's instruction
of 9th February last, respecting the sale of certain lands and
islands, and the accommodation of all matters in dispute with
the Bosomworths, and inclosing,
Mrs. Bosomworth's case, with respect to her services, losses,
expences and demands.
fo. 91.
Mrs. Bosomworth's account of services performed, sums
disbursed and received.
Copies of deeds executed by Henry Ellis, Esquire, and
Thomas and Mary Bosomworth, for the final accomodation
of all matters in dispute with them.
Governor Ellis's account of money received by the sale of
certain lands and islands.
Read a petition of Pickering Robinson, Esquire, setting forth
his claim to certain lands in Georgia, which are included in the
tract lately sold, for making satisfaction to the Bosomworths,
and praying relief.
Ordered, that the above-mentioned letter and papers be taken
into further consideration tomorrow morning.
fo. 92.
The Secretary laid before the Board the following papers
received from the Province of Georgia, viz.
Minutes of Council from 5th June to 24th July, 1759.
Fifteen Acts passed in April, May and June, 1760.
Ordered, that the Acts be referred to Sir Matthew Lamb for
his opinion thereupon in point of law.
Thursday, January 8. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Sloper.
Nova Scotia.
fo. 93.
The Secretary laid before the Board a memorial prepared
by the agent for Nova Scotia to be presented to the Lords
Commissioners of the Treasury, praying that the sum of four
thousand, four hundred and twenty five pounds, four shillings
and nine pence may be issued to him to discharge certain demands
on account of the civil establishment of that colony; 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.
Georgia.
fo. 94.
Their lordships then took into further consideration the letter
and papers received from the Governor of Georgia, containing
an account of his proceedings in reference to the sale of certain
islands and lands in the Colony of Georgia, ceded to his Majesty
by the Indians, and to the satisfaction made out of the produce
of the said sale to the Reverend Mr. Bosomworth and Mary, his
wife, for services alleged by them to have been performed, and
in consideration of their claims of right to the said islands and
lands; and the said letter and papers having been again read,
their lordships took into consideration the Order of the Lords
of the Committee of Council of the 20th of December, 1759,
referring the petition of Isaac Levi and his agents, respecting the
claims of the said Isaac Levi to a moiety of the said islands and
lands together with the Board's proceeding and resolution thereon
the 29th of January, 1760; and after some time spent therein,
on it was ordered that the said agents of Isaac Levi should have
notice to attend the Board on Wednesday next.
fo. 95.
Ordered, that the draught of a representation to his Majesty
be prepared, proposing that the property of that part of the said
Indian lands, which lyes between the Town of Savannah and
Pipemaker's Creek, be confirmed by grants of the Crown to such
persons as are in actual possession thereof under grants or
allotments from the late Trustees.
fo. 96.
Their lordships took into consideration an Act passed in the
Colony of Georgia in 1759, intituled, an Act for establishing the
titles of the several inhabitants of this province to their respective
lands and tenements, together with Sir Matthew Lamb's report
thereupon; and the Secretary having acquainted the Board,
that Mr. Hamersley, solicitor for certain persons, who conceive
themselves to be injured in their property by the said law, had
desired to be heard thereupon, it was ordered that the said Act
should be taken into further consideration on Thursday next,
the 15th instant; and that Mr. Hamersley should have notice
to attend on that day.
Georgia.
South Carolina.
The draught of a letter to Mr. Secretary Pitt, with copies of a
letter and postscript of a letter from the Lieutenant Governor
of South Carolina, and the extract of a letter from the Governor
of Georgia, respecting the state of Indian affairs in those provinces,
having been prepared pursuant to order, was agreed to, transcribed
and signed.
fo. 97.
Friday, January 9. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper.
Georgia.
The Secretary laid before the Board the draught of an estimate
of the expences of the civil establishment of Georgia from Midsummer, 1760, to Midsummer, 1761, prepared pursuant to order;
and Mr. Martyn, agent for the affairs of the Settlement, attending
without, was called in; and after some conversation had with
him upon several articles of the said estimate, their lordships
agreed to the draught; and it was ordered to be transcribed;
and Mr. Hamilton was desired to present it to the House of
Commons.
fo. 98.
Tuesday, January 13. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper, Mr. Bacon.
Georgia.
The draught of a representation to his Majesty, proposing
that the property of that part of the Indian lands in the Province
of Georgia, which lyes between the Town of Savannah and Pipemaker's Creek, be confirmed by grants of the Crown to such
persons as are in actual possession thereof under grants or allotments from the late Trustees, having been prepared pursuant
to order, was agreed to, transcribed and signed.
Nova Scotia.
fo. 99.
Read a letter from Mr. West, Secretary to the Lords of the
Treasury, to Mr. Pownall, dated the 12th of January, 1761,
signifying his Majesty's commands, that this Board should prepare
and lay before the House of Commons an estimate of the charges
of maintaining and supporting the settlement of his Majesty's
Colony of Nova Scotia for the year 1761; and the said estimate
having been prepared accordingly, was agreed to, and ordered
to be transcribed; and Mr. Hamilton was desired to present it
to the House of Commons.
Wednesday, January 14. Present:—Earl of Halifax, Mr.
Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot.
Georgia.
fo. 100.
The Secretary having acquainted the Board, that Mr. Whiteside, one of the agents for Isaac Levi, whose petition relative
to his claim to a moiety of certain lands in Georgia, was to have
been considered this day, had signified to him, that Mr. le Breton,
the other agent, and who was principally concerned in this affair,
and possessed of the most material papers, was abroad in Jersey,
their lordships agreed to postpone the consideration of this
affair till Mr. le Breton's return.
Nova Scotia.
The Secretary laid before the Board the following Orders of
the House of Commons, viz.
"Martis 13o die Januarii, 1761.
fo. 101.
"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 first of January, 1759, to the 31st of December following.
"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 first of January, 1760, to the 31st of December following.
J. Dyson
Cl. Dom. Com."
Nova Scotia.
fo. 102.
Whereupon Mr. Hamilton was desired to report to the House
of Commons, that these orders cannot at present be complyed
with, by reason the proper officers in the said colony have not
transmitted any account of the expenditure, or any vouchers
for the payment of money for the years 1759 and 1760; but
that as soon as the accounts and vouchers shall have been received,
the accounts shall be made up with all possible dispatch, and laid
before the House.
Read a memorial of Robert Sanderson, Esquire, late Speaker
of the Assembly of Nova Scotia, specifying the several grievances
and abuses in the administration of government there, which
have come to his knowledge.
fo. 103.
Ordered, that the said memorial be taken into further consideration on Tuesday next, and that notice be given to Mr.
Sanderson to attend the Board on that day.
Thursday, January 15. Present:—Earl of Halifax, Mr.
Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.
Georgia.
fo. 104.
fo. 105.
Their lordships took into further consideration an Act passed
in the Colony of Georgia in 1759, intituled, an Act for establishing
and confirming the titles of the several inhabitants of this province to
their respective lands and tenements; and several of the Proprietors
of certain lands in Georgia held under a purchase made of the Earl
Granville, one of the late Lords Proprietors of Carolina, attending
without, with Mr. Hamersley, their solicitor, they were called in;
and Mr. Hamersley having stated to their lordships the nature of the
claims of the said Proprietors and the various measures they had
taken from time to time for ascertaining and asserting their rights
to the said lands, and shewed that the intention of this law was,
and the effect would be, to deprive them of those rights and that
property in a most unjust and illegal manner; their lordships,
upon full consideration of what had been offered, declared it to
be their opinion, that this Act appeared upon the face of it to be
unjust and irregular; but as they were not fully apprized of the
grounds and motives, which might have induced the passing it,
they proposed that it should lye by for further consideration,
when the Governor of Georgia, who is upon his passage home,
should arrive; to which the gentlemen present declared they had
no objection, and then they withdrew.
Friday, January 16. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper, Mr. Bacon.
Nova Scotia.
fo. 106.
Their lordships took into consideration several parts of Mr.
Sanderson's memorial, specifying grievances and irregularities
in the administration of the government of Nova Scotia; and
Mr. Mauger, lately arrived from that colony, and whose name is
mentioned in the said memorial, was examined as to several
facts stated therein.
Ordered, that the further consideration of this memorial,
appointed for Tuesday next, be postponed to Wednesday, the
21st instant.
Massachusetts.
The Secretary laid before the Board the following paper
received from the Province of Massachusets Bay, viz.
Minutes of Council from 15th November, 1759, to 23rd May,
1760.
fo. 107.
Wednesday, January 21. Present:—Earl of Halifax, Mr.
Hamilton, Mr. Sloper, Mr. Bacon.
Nova Scotia.
fo. 108.
fo. 109.
Their lordships, pursuant to the minutes of the 16th instant,
took into further consideration the memorial of Mr. Sanderson,
late Speaker of the Lower House of Assembly of the Province
of Nova Scotia; and Mr. Sanderson attending without, was
called in; and having informed their lordships, that he did not
present his memorial as an accusation or matter of complaint
made by him in his own person against any officers or persons
in the government of Nova Scotia; but as containing facts
respecting the government of that province, which he had collected
and thrown together at the request and for the information of
the Board; the memorial was read article by article; and their
lordships having heard what Mr. Sanderson had to offer thereupon,
and also examined Captain Taggart of the Province Snow Halifax,
lately arrived from Halifax, as to several facts stated in the said
memorial with respect to the Province sloops and vessels, and
to the granting out the lands appropriated for a common for
the use of the inhabitants of Halifax, Mr. Sanderson presented
a paper containing the names of several persons and the titles
of several papers, to which he referred for proof of the several
facts stated in each article of his memorial; and then Mr. Sanderson being withdrawn, their lordships agreed to take this memorial
into further consideration tomorrow morning, and Mr. Sanderson
was desired to attend.
Nova Scotia.
Thursday, January 22. Present:—Earl of Halifax, Mr.
Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.
fo. 110.
fo. 111.
Their lordships took Mr. Sanderson's memorial into further
consideration; and Mr. Sanderson attending without, was called
in, and acquainted, that the Board had very fully considered
each article of his memorial; and that it appeared to their
lordships, that the facts stated in some of these articles had
reference merely either to injuries and injustice received by
particular persons in their liberty and property, in which cases
this Board could give no redress, or to complaints of misconduct
in the Governor, who, being dead, could neither defend himself,
if innocent, or be punished, if guilty; and therefore that an
examination into these facts could neither tend to the prosperity
of the colony, to the publick œconomy in point of expence, to
the redress of injuries, or to the punishment of the guilty, which
were the great objects their lordships should have in view in the
further consideration of this matter; and when it appeared,
that all or any of these ends were in any degree attainable by an
examination into the allegations of the memorial, their lordships
would proceed in it with the utmost attention, and be glad to
receive every light that could be produced either by the information of persons, or papers.
fo. 112.
Their lordships then stated very fully to Mr. Sanderson their
observations upon each article, distinguishing what could and
what could not, in their lordships' judgment, be proceeded upon
by way of examination; observing however, that even in some
of those cases, where an examination would not answer any of
the above mentioned salutary purposes, yet it might be proper;
and their lordships should think it their duty fully to inform the
President of the Council of Nova Scotia with the representation,
which had been made of injuries, partiality and oppression in
the former administration, and to exhort him to exert his utmost
endeavours to support the inhabitants of the colony in their
just rights and possessions, and to take care, that justice was
duly and impartially administered in all cases whatever.
fo. 113.
Mr. Sanderson was then acquainted, that the articles of the
memorial, which their lordships thought proper to enter into an
examination of, were the 7th, 13th, 14th, 15th, 16th, 17th and
18th, and that their lordships should proceed therein on Wednesday next, the 28th instant [postponed, vide Nova Scotia Entry
F. fol. 19], when he was desired to attend; and the Secretary
was ordered to summon the several persons referred to by
Mr. Sanderson for proof of the facts stated in those articles.
Friday, January 23. Present:—Earl of Halifax, Mr. Jenyns,
Mr. Hamilton, Mr. Sloper, Mr. Bacon, Mr. Eliot.
Nova Scotia.
Read the following letter and papers received from the President
of the Council and Commander in Chief of the Province of Nova
Scotia, viz.
fo. 114.
Letter from Jonathan Belcher, Esquire, dated December
12th, 1760, giving the Board an account of the progress
made in the new townships and other matters relative to
the intended settlements, and recommending one Mary
Webb, a convict, to mercy.
State of the expence for the new settlements and roads.
State of the new settlements in Nova Scotia, 1760.
Measures proposed for the further progress of the settlements
in Nova Scotia.
Account of expences incurred for transportation, etc. of
settlers into the Province of Nova Scotia.
Letter from Mr. Gerrish, Commissary for Indian Commerce,
to the Hon. Jonathan Belcher, Esquire, President of the
Council and Commander in Chief of Nova Scotia.
Invoice of sundrys for supply of the Indians, November 17th,
1760.
fo. 115.
Account current, relating to Indian commerce of Nova
Scotia, November 17th, 1760.
Account current, relating to Indian commerce of Nova
Scotia, 29th November, 1760.
Abstract of the supplies to the truckhouses; of the receipts
therefrom; and the balances due, December 5th, 1760.
Records of the Council of Nova Scotia between the 22nd of
April, 1760, and the 12th of November following.
Minutes of the Council in General Assembly from 8th
September to the 27th of the same month, 1760.
Votes of the House of Assembly from 8th to 27th September,
1760.
Twenty Acts passed in the Province of Nova Scotia on 27th
September, 1760.
fo. 116.
Ordered, that the said Acts be sent to Sir Matthew Lamb for
his opinion thereupon in point of law.