Journal, March 1761

fo. 158.

Tuesday, March 3. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Eliot.

Nova Scotia.

The draught of a letter to Mr. Belcher, President of the Council and Commander in Chief of the Province of Nova Scotia, having been transcribed pursuant to order, was signed.

Wednesday, March 4. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Nova Scotia.

fo. 159.

Read a letter from Jonathan Belcher, Esquire, President of the Council and Commander in Chief of Nova Scotia, to the Board, dated 21st December, 1760, acquainting the Board with the loss of the Province brigantine, the Montague; desiring directions as to the powers of government for preventing contagious distempers; and inclosing,
Copy of a Bill to prevent the spreading contagious distempers.

Nova Scotia.

Ordered, that the Secretary do examine, what laws have been passed and approved of in other his Majesty's Colonies in America, for preventing the spreading of contagious and infectious distempers, and lay the same before the Board, as soon as conveniently may be.

fo. 160.

Read a memorial of Benjamin Green, Esquire, Treasurer and Naval Officer of the Province of Nova Scotia, in answer to the articles of charge exhibited against him in the memorial of Mr. Sanderson, stating several abuses and grievances in the administration of the government of Nova Scotia.

fo. 161.

Mr. Green attending without was called in; and their lordships observed to him, that, upon a full consideration of his memorial, they were of opinion, that his conduct, as an officer of the Crown, in reference to the contracts stated in Mr. Sanderson's memorial, was highly blameable, and that it was their duty to express their dissatisfaction thereat; but that as his conduct in every other respect as a servant of the publick had been irreproachable, they did not think it necessary to take any further steps therein for the present, hoping that he would be more cautious and attentive to his duty for the future.

fo. 162.

Mr. Green acquainted the Board, that the late Governor of Nova Scotia had, sometime before his death, upon the request of a joint Committee of the Council and House of Representatives of Nova Scotia, advanced a sum of one thousand, six hundred and eighty one pounds, fifteen shillings and nine pence of the publick money, to enable the province to pay the bounties granted by an Act of the Legislature for the benefit of the fishery and cultivation, upon condition that the same should be repaid out of the growing duties imposed by Act upon spirituous liquors; but that the said sum had not yet been repaid. Whereupon it was ordered, that the Secretary should write to Mr. Belcher, to desire he will take all proper measures for the recovery of the said sum of one thousand, six hundred and eighty one pounds, fifteen shillings and nine pence, agreeable to the condition upon which it was lent; and that he do, as soon as possible, discharge all demands on account of service in Nova Scotia to the death of the late Governor, to the end that the accounts may be made up and transmitted home.

fo. 163.

The draught of a representation to his Majesty upon the proposals made by Mr. McNutt for introducing settlers into the Province of Nova Scotia, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Plantations General.

New Hampshire.

Read the following Orders of his Majesty in Council, viz.
Order of his Majesty in Council, dated 27th February 1761, approving a representation of this Board, proposing Benning Wentworth, Esquire, to be Governor of the Province of New Hampshire, and directing a Commission and instructions to be prepared for that purpose.
Massachusetts.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Francis Bernard, Esquire, to be Governor of the Province of the Massachusets Bay, and directing a Commission and instructions to be prepared for that purpose.
fo. 164.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Thomas Hutchinson, Esquire, to be Lieutenant Governor of the Massachusets Bay and directing a Commission to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Andrew Oliver, Esquire, to be Secretary of the Massachusets Bay, and directing a warrant to be prepared for that purpose.
New York.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing George Clarke, Esquire, to be Secretary of the Province of New York, and directing a warrant to be prepared for that purpose.
Virginia.
fo. 165.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Jeffery Amherst, Esquire, to be Governor of Virginia, and directing a Commission and instructions to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Francis Fauquier, Esquire, to be Lieutenant Governor of Virginia, and directing a Commission to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Presly Thornton, Esquire, to be a councillor in Virginia in the room of the Reverend Mr. Dawson, deceased, and directing a warrant to be prepared for that purpose.
fo. 166.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Peyton Randolph, Esquire, to be Attorney General of Virginia, and directing a warrant to be prepared for that purpose.
North Carolina.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Arthur Dobbs, Esquire, to be Governor of North Carolina, and directing a Commission and instructions to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Charles Berry, Esquire, to be Chief Justice of North Carolina, and directing a warrant to be prepared for that purpose.
fo. 167.
Jamaica.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing William Henry Lyttelton, Esquire, to be Governor of the Island of Jamaica, and directing a Commission and instructions to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Gilbert Ford, Esquire, to be Attorney General of Jamaica, and directing a warrant to be prepared for that purpose.
Montserrat.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Benjamin Carpenter, Esquire, to be Lieutenant Governor of Montserrat, and directing a Commission to be prepared for that purpose.
Barbados.
fo. 168.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing Charles Pinfold, Esquire, to be Governor of Barbados, and directing a Commission and instructions to be prepared for that purpose.
Bermuda.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing William Popple, Esquire, to be Governor of the Bermuda Islands, and directing a Commission and instructions to be prepared for that purpose.
Order of his Majesty in Council, dated 27th February, 1761, approving a representation of this Board, proposing George Tucker, Esquire, to be Secretary and Provost Marshall of the Bermuda Islands, and directing a warrant to be prepared for that purpose.

fo. 169.

New Hampshire.

Massachusets.

New York.

Whereupon Commissions and warrants in the usual form having been prepared, were agreed to, and representations to his Majesty therewith, were signed.

Virginia.

North Carolina.

Jamaica.

Montserrat.

Barbados.

Bermuda.

Ordered that draughts of general instructions, and of those relating to the observance of the laws of trade, be prepared with all possible dispatch for the Governors of Jamaica, Bermuda, Barbados, North Carolina, Virginia, Massachusets Bay and New Hampshire.

Thursday, March 5. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Bahamas.

fo. 170.

The Secretary laid before the Board the following letters and papers which he had received from the Governor of the Bahama Islands, viz.
Letter from William Shirley, Esquire, to the Secretary, dated October 18th, 1760, transmitting several papers, relative to his removing Mr. Gambier from his employments, and to his vindication in other matters.
Copy of Governor Shirley's third letter to the Secretary, dated 6th December, 1760.
Copy of the detail referred to in Governor Shirley's third letter to the Secretary, respecting the removal of Mr. Gambier, etc.
Copy of first petition to Governor Shirley for preventing his appointing Mr. Gambier Judge of Admiralty, and recommending Mr. Bradford for that post.
fo. 171.
Copy of second petition to Governor Shirley, complaining of Judge Gambier's arbitrary and irregular proceedings, and praying for his removal.
Copy of third petition to Governor Shirley, complaining of Mr. Gambier's arbitrary and irregular proceedings as Judge of Admiralty, and praying for his removal.
Letter from Captain James McDonald, commander of a privateer from Antigua, to Governor Shirley, complaining against Judge Gambier.
Petition from the owners of the privateer Betsey to Governor Shirley, complaining against Mr. Gambier, Judge of Admiralty.
fo. 172.
Petition of Captain McDonald, commander of a New York privateer, to Governor Shirley, complaining against Mr. Gambier, Judge of Admiralty.
Copy of the decree in the Court of Vice Admiralty, given in the case of the Snow Thomas and Waddell.
Copy of the Advocate General of the Court of Admiralty's declaration, concerning Judge Gambier's avowing and maintaining in the Court of Admiralty, that the King had not power, by the declaration of war against France, to prohibit his subjects from trading with the French during the continuance of the war.
Copy of Mr. Scott's letter to Governor Shirley concerning Mr. Gambier's insolvency.
fo. 173.
Translation of Don Gregorio Joseph Franco's declaration concerning Mr. Gambier's contract to supply him with provisions, and Mr. Bradford's refusing to be concerned therein, with copy of Mr. Harrod's affidavit.
Declaration of James Bradford, Esquire, concerning Governor Shirley's prohibiting the Spaniards from trading to New Providence; the agreement which Mr. Samuel Gambier made with Gregorio Joseph Franco to supply him with dryed cod fish and pickled maccarell for one of the French islands; and his own refusal to be concerned with Mr. Gambier in that trade, together with Mr. Harrod's declaration upon the last article.
fo. 174.
The declaration of Robert Wall and John Harrod concerning the charge against Governor Shirley for taking bribes.

Bahamas.

Upon consideration of the said papers and of Mr. Shirley's letter to the Board of the 23rd of October, and the papers therewith transmitted, it was ordered, that the Secretary should transmit the said papers to the Secretary to the Lords Commissioners of the Admiralty, acquainting him at the same time, that, as Mr. Shirley's reasons for suspending Mr. Gambier from his seat at the Council Board are chiefly founded upon his corrupt and improper behaviour as a Judge of the Admiralty, their lordships should decline coming to any resolution upon such suspension, until they are acquainted with the sentiments of the Lords Commissioners of the Admiralty upon the merits of the case respecting his conduct as Judge of the Admiralty.

North Carolina.

fo. 175.

The Secretary laid before the Board the following papers received from the Governor of North Carolina, viz.
Letter from Richard Spaight, Esquire, Secretary of North Carolina, dated 21st July, 1760, to the Board, concerning a factious junto in the Assembly, who have in certain resolutions exhibited charges against the Governor and himself.
The answer of Richard Spaight, Esquire, Secretary of North Carolina, to certain charges exhibited against him in resolutions of the Assembly.
Letter from Arthur Dobbs, Esquire, Governor of North Carolina, to the Board, dated 3rd August, 1760.
The answer of Mr. Dobbs to the several charges exhibited against him in certain resolutions of the Assembly.

fo. 176.

The Earl of Halifax having acquainted the Board, that it appeared by a letter to him from the Speaker of the House of Representatives of North Carolina, that the original address to his Majesty, with the articles of complaint against the Governor, had been transmitted to Mr. Secretary Pitt, to be laid before his Majesty; it was agreed that the said papers should lye by for further consideration, when his Majesty's pleasure upon the original address and complaint should be further known.

Nova Scotia.

The draught of a representation to his Majesty upon Mr. Alexander McNutt's proposals for introducing settlers into the Province of Nova Scotia, having been transcribed pursuant to order, was signed.

fo. 177.

Tuesday, March 10. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Eliot, Mr. Bacon.

Georgia.

Read an Order of his Majesty in Council, dated 16th January, 1761, approving a representation of this Board, proposing that the Governor of Georgia may be authorized to grant by patent to the possessors of lands between Savannah and Pipemaker's Creek, that quantity of land of which they are possessed by grants or allotments from the late Trustees, subject to the payment of an annual quit rent; and directing an additional instruction to the Governor to be prepared for that purpose.

fo. 178.

Ordered, that the draught of an instruction to the Lieutenant Governor of Georgia, conformable to the said order, be prepared.

Leeward Islands.

Read an Order of his Majesty in Council, dated February 16th, 1761, referring to this Board (for their lordships' consideration and report), the memorial of Edward Ephraim Cooke, late commander and principal owner of the Cicero, private ship of war, setting forth his services, particularly in the taking in the Islands of St. Bartholomew and St. Martin; and praying that the government of those islands may be granted to him, with a liberty to improve the lands near the forts he intends to erect; or that some other compensation may be made to him for his services.

fo. 179.

Upon consideration of Captain Cooke's petition, it was ordered, that the Secretary should make enquiry at the Office of his Majesty's Secretary of State, whether any information has been received there with respect to the services alleged to have been performed by the petitioner; and, if so, whether any or what regulations have been made with respect to the possession of the said two islands of St. Bartholomew and St. Martin.

Virginia.

Read a memorial of Edward Montagu, Esquire, agent of Virginia, concerning an Act for settling the titles and bounds of lands, etc., passed in 1748, praying the Board's representation to his Majesty for the confirmation of the said Act.

fo. 180.

The Secretary having acquainted the Board, that the said Act had been referred in the year 1752 to the Auditor of the Plantations for his consideration and opinion upon it, but that no report from him upon it had been received; it was ordered, that it should be in like manner referred to the present Auditor of his Majesty's Plantations for his consideration and opinion.

Bermuda.

fo. 181.

Their lordships took into consideration an Act passed in the Bermuda Islands in April, 1760, intituled,
An Act for the repealing of an Act, intituled, an Act laying an imposition on all Jews, and reputed Jews, trading or merchandizing in these islands,
together with Sir Matthew Lamb's report upon it; and ordered the draught of a representation to his Majesty to be prepared, proposing that the said Act may be confirmed.

Wednesday, March 11. Present:—Earl of Halifax, Mr. Jenyns, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Leeward Islands.

fo. 182.

The Secretary acquainted the Board, that having made the enquiry at the Office of his Majesty's Secretary of State, directed to be made by the minutes of yesterday, he had been acquainted that the Secretary of State had received no other information concerning the services alleged to have been performed by Mr. Cooke, than what was contained in a letter and petition from himself, of which the Secretary of State had not thought proper to take any notice.

Ordered, that the Secretary do transmit a copy of Mr. Cooke's petition to Mr. Thomas, Governor of the Leeward Islands; and that he be desired to transmit to their lordships such information as he is able, with respect to the several matters contained therein.

Newfoundland.

Read a letter from Captain James Webb, Commander of his Majesty's ship the Antelope, to the Board, dated 23rd February, 1761, transmitting,
General scheme of the fishery and inhabitants of Newfoundland for the year 1760.
Answer to the heads of enquiry for Newfoundland.
fo. 183.
State of the ordnance stores at St. John's and Placentia in Newfoundland.
Return of troops stationed at St. John's, Newfoundland, and the places adjacent.
Imports and exports at St. John's, Newfoundland, in the year 1760.
Catalogue of the Newfoundland northern fishery.

South Carolina.

Their lordships took into consideration an Act passed in the Province of South Carolina in 1759, intituled,
fo. 184.
An Act to supply the defects in evidence, where original wills cannot be produced, and to make the proceedings upon questions arising upon such wills more easy and effectual, and for repealing so much of the second clause of an Act for making more effectual last wills and testaments, as contradicts or repeals the ninth clause of the Act against bastardy;
together with Sir Matthew Lamb's report thereupon, and agreed to consider further thereof at another opportunity.

The following representations to his Majesty and letters to Mr. Secretary Pitt, were agreed to and signed, viz.

Plantations General.

fo. 185.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Sir William Johnson, bart., may be continued agent for the affairs of the Six United Nations of Indians and their confederates, in the northern parts of America, and inclosing a warrant for that purpose.

Massachusetts.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Benjamin Pemberton, Esquire, may be continued Naval Officer of the Province of the Massachusets Bay, and inclosing a warrant for that purpose.

Nova Scotia.

Representation to his Majesty, proposing that Jonathan Belcher, Esquire, may be continued Chief Justice of the Province of Nova Scotia.

New York.

Representation to his Majesty, proposing that John Tabor Kemp, Esquire, may be continued Attorney General of the Province of New York.

fo. 186.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty that Charles Williams, Esquire, may be continued Naval Officer of the Province of New York, and inclosing a warrant for that purpose.

New Jersey.

Representation to his Majesty, proposing that Christopher Coates, Esquire, may be continued Secretary, and Joseph Warrell Esquire, Attorney General, of the Province of New Jersey.

Virginia.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that David Bowman, Esquire, may be continued Naval Officer of the Eastern Shore in the Colony of Virginia, and inclosing a warrant for that purpose.

South Carolina.

fo. 187.

Representation to his Majesty, proposing that William Bull, Esquire, may be continued Lieutenant Governor, and David Graeme, Esquire, Attorney General, of the Province of South Carolina.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Dougal Campbell, Esquire, may be continued Clerk of the Common Pleas in South Carolina, and inclosing a warrant for that purpose.

Georgia.

Representation to his Majesty, proposing that William Grover, Esquire, may be continued Chief Justice, William Clifton, Esquire, Attorney General, and James Habersham, Esquire, Secretary of the Colony of Georgia.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that William Knox, Esquire, may be continued Provost Marshall, and William Russell, Esquire, Naval Officer of Georgia, and inclosing warrants for that purpose.

Bahamas.

fo. 188.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Simon Knight, Esquire, may be continued Naval Officer of the Bahama Islands, and inclosing a warrant for that purpose.

Jamaica.

Representation to his Majesty, proposing that Henry Moore, Esquire, may be continued Lieutenant Governor of the Island of Jamaica.

Leeward Islands.

Representation to his Majesty, proposing that George Thomas, Esquire, may be continued Governor of the Leeward Charibbee Islands; Gilbert Fleming, Esquire, Lieutenant Governor of those islands, and Lieutenant Governor of St. Christopher's; Lord Hawley, Lieutenant Governor of Antigua; Ralph Payne, Esquire, Chief Justice of St. Christopher's, and Thomas Warner, Attorney General of the said Leeward Islands.

fo. 189.

Guadeloupe.

Representation to his Majesty, proposing that William Burke, Esquire, may be continued Secretary and Register of the Island of Guadaloupe.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that Hugh Graeme, Esquire, may be continued Naval Officer of the Island of Guadalupe; and inclosing a warrant for that purpose.

Virginia.

The Secretary laid before the Board three Acts passed in Virginia in 1760.

Ordered, that the said Acts be referred to Sir Matthew Lamb for his opinion thereupon in point of law.

fo. 190.

Thursday, March 12. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

Nova Scotia.

fo. 191.

The Secretary, pursuant to order, laid before the Board several laws passed and approved of in the Colonies of Georgia, South Carolina, and Bermuda, for preventing the spreading of contagious distempers. Upon consideration of which it was agreed, that the said laws should be sent to Mr. Belcher, President of the Council and Commander in Chief of Nova Scotia, in order to enable him to judge what regulations may be proper to be made in the like case in the Province of Nova Scotia; and a letter to him containing their lordships' sentiments and directions upon this subject, was signed.

Bermuda.

The draught of a representation to his Majesty, proposing the confirmation of an Act passed in the Bermuda Islands in April, 1760, for repealing an Act laying an imposition on all Jews and reputed Jews trading or merchandizing in those islands, having been prepared pursuant to order, was agreed to, transcribed and signed.

Saturday, March 14. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper.

Barbados.

fo. 192.

A representation to his Majesty, proposing that Henry Freer, Esquire, may be appointed of his Majesty's Council in the Island of Barbados in the room of Samuel Husbands, Esquire, deceased, was agreed to and signed.

Miscellanies.

The Secretary having acquainted the Board, that Mr. Silas Bradbury, one of the clerks in their Office, humbly desired leave to resign his seat, their lordships were pleased to comply with his request; and Mr. Wilson Berkeley was appointed to supply the vacancy, upon the recommendation of Mr. Sloper.

Tuesday, March 17. Present:—Earl of Halifax, Mr. Hamilton, Mr. Sloper, Mr. Bacon.

fo. 193.

Plantations General.

The following representations to his Majesty and letters to Mr. Secretary Pitt of recommendations of persons for vacant governments and other offices in America, were agreed to, transcribed and signed, viz.

New York.

Nova Scotia.

A representation to his Majesty, proposing that Robert Monckton, Esquire, may be appointed Governor of the Province of New York, vacant by the resignation of Sir Charles Hardy, late Governor of that Province; Cadwallader Colden, Esquire, Lieutenant Governor, and Benjamin Pratt, Esquire, Chief Justice of the said Province; and Jonathan Belcher, Esquire, Lieutenant Governor of the Province of Nova Scotia, in the room of the said Robert Monckton, Esquire.

Nova Scotia.

Georgia.

fo. 194.

Representation to his Majesty, proposing that Henry Ellis, Esquire, may be appointed Governor of the Province of Nova Scotia in the room of Charles Lawrence, Esquire, deceased, and James Wright, Esquire, to be Governor of the Province of Georgia in the room of the said Henry Ellis.

South Carolina.

New Jersey.

Representation to his Majesty, proposing Thomas Boone Esquire, to be Governor of South Carolina in the room of Thomas Pownall, Esquire, and Josiah Hardy, Esquire, to be Governor of New Jersey in the room of Thomas Boone, Esquire.

South Carolina.

Representation to his Majesty, proposing that Charles Skinner, Esquire, may be appointed Chief Justice of the Province of South Carolina in the room of Peter Leigh, Esquire, deceased.

Leeward Islands.

Nevis.

Representation to his Majesty, proposing that James Johnston, Esquire, may be appointed Lieutenant Governor of Nevis in the room of Lancelot Storey, Esquire, deceased.

North Carolina.

fo. 195.

Representation to his Majesty, proposing that Thomas Falkner, Esquire, may be appointed Secretary and Clerk of the Crown of the Province of North Carolina in the room of Henry McCulloch, Esquire, deceased.

Representation to his Majesty, proposing that William Lucas, Esquire, may be appointed Attorney General of the Province of North Carolina.

Virginia.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that William Berkley and Charles Neilson, Esquires, may be appointed Naval Officers of the Lower District of James River and of the District of Rappahanock in the Colony of Virginia; and inclosing warrants for that purpose.

Leeward Islands.

fo. 196.

Representation to his Majesty, proposing that Thomas Cottle, Esquire, may be appointed Sollicitor General of the Leeward Charibbee Islands.

New Hampshire.

Letter to Mr. Secretary Pitt, desiring he would move his Majesty, that John Fisher, Esquire, may be appointed Naval Officer of the Province of New Hampshire, and inclosing a warrant for that purpose.

Georgia.

Representation to his Majesty, proposing that Gray Elliot, Esquire, may be appointed of his Majesty's Council in the Province of Georgia.

Jamaica.

Representation to his Majesty proposing that John Kennion, Esquire, may be appointed of his Majesty's Council in the Island of Jamaica.