Journal, March 1762

Monday, March 1. Present:—Lord Sandys, Mr. Eliot, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Nova Scotia.

fo. 64.

The Secretary acquainted the Board that he had received a large packet of letters and papers from the Lieutenant Governor of Nova Scotia, which letters were in answer to several from this Board, dated the 12th of December, 1760, 3rd and 10th of March, and 23rd of June, 1761; whereupon the entries of the said letters from the Board were read, and it was resolved to take the letters and papers received from the Lieutenant Governor in answer thereto into consideration on Friday next.

Antigua.

The draught of a representation to his Majesty, proposing the repeal of an Act passed in the Island of Antigua in 1761, for regulating elections of representatives and limiting assemblys, having been transcribed pursuant to order, was signed.

fo. 65.

Friday, March 5. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Rice.

Plantations General.

The Secretary laid before the Board a joint report of the Advocate General of the Admiralty and the Attorney and Sollicitor General, in answer to the questions stated to them by order of the Board on the 5th of November last, relating to the case of murther committed within the Admiralty jurisdiction in the Plantations.

The said report having been read, it was agreed to take it into further consideration on Tuesday next, and the Secretary was ordered to give notice to Sir Mathew Lamb to attend on that day.

fo. 66.

Nova Scotia.

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, the 3rd of November, 1761, containing an account of the state of that province in respect to the new settlements making in different parts of it, the fishery, the publick accounts, the Indian trade and the alteration which it was recommended to him to make in the laws of the first General Assembly, also inclosing,
Memorial of Arthur Vance and William Caldwell of the City of Londonderry, merchants, 28th August, 1761, relating to Mr. McNutt's engagement to carry settlers from Ireland to Nova Scotia.
Report of the state of the orphan house from 1752 to the end of May, 1761.
The Reverend Mr. Breynton's return of the expence upon the orphan house, 1760.
fo. 67.
Copy of a Bill intitled an Act in addition to and amendment of an Act intitled an Act for the limitation of actions and for avoiding suits of law, which the Commander in Chief was pleased not to assent unto, upon the same being presented to him on the 15th of August, 1761.
Lists of Acts passed by the General Assembly of the Province of Nova Scotia at their session begun on the 1st day of July and ended on the 15th day of August, 1761.

fo. 68.

Tuesday, March 9. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Plantations General.

fo. 68.

Their lordships took into further consideration the report of the Advocate, Attorney and Sollicitor General upon the questions stated to them, relative to the case of murthers committed within the Admiralty jurisdiction in the Plantations; and Sir Mathew Lamb attending as desired, their lordships had some discourse with him upon this subject; and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that a Bill should be offered to the consideration of Parliament this session to remedy the defect of the laws as they now stand.

Nova Scotia.

Read a letter from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, dated Halifax, the 11th of January, 1762, containing the result of his enquiries into the abuses complained of in the administration of the late Governor, and stating the factious behaviour of several members of the Assembly in refusing to attend at the time appointed by proclamation for the Assembly's meeting; also inclosing,
Return of grants of land from the Register's office.
Chief Surveyor's description and state of the new settlements in Nova Scotia, 9th January, 1762.
Chief Surveyors account of the Common of Halifax.
State of the measures pursued by some members of the Assembly to prevent the meeting of the General Assembly.
fo. 70.
The Reverend Mr. John Breynton's return of births and burials at Halifax in the year 1761.
Reverend Mr. Robert Vincent's return of the children in Lunenburg, 4th November, 1761.
Letter from Edmund Crawley, Esquire, one of his Majesty's Council, relative to the whale fishery, 9th January, 1762.
Ceremonials at concluding a peace with the several districts of the general Mickmack Nation of Indians in his Majesty's Province of Nova Scotia, and a copy of the treaty, 25th June, 1761.
Votes of the House of Assembly for the Province of Nova Scotia between the 1st of July and 15th August, 1761.
fo. 71.
Records of his Majesty's Council of the Province of Nova Scotia from the 1st of April to the 28th of November, 1761, exclusive of the records of Council relative to the granting of land after the 15th day of May, 1761.
Journals of his Majesty's Council of the Province of Nova Scotia in General Assembly at the session, begun the 1st of June and ended the 15th of August, 1761.
Records of his Majesty's Council of the Province of Nova Scotia, relative to the granting of lands, from the 22nd of May to the 19th of November, 1761.
Do. at their meetings in order to the holding a session in General Assembly, begun the 17th and ended the 30th of November, 1761.
fo. 72.
Vouchers for the payment of money from the 1st of January, 1760, to the 30th of June, 1761.
Abstract of the state of the civil establishment for Nova Scotia, 1760.
Estimate of the stationary required for the publick offices at Halifax for the year 1762.
Nineteen Acts passed in August, 1761.

Ordered, that the Acts be sent to Sir Mathew Lamb for his opinion thereupon in point of law.

Wednesday, March 10. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

Plantations General.

fo. 73.

The draught of a representation to his Majesty, proposing that a Bill should be offered to the consideration of Parliament this session to remedy the defects of the laws as they now stand, for the tryal and punishment of murthers committed within the Admiralty jurisdiction in the Plantations, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

Read the following letters from Jonathan Belcher, Esquire, Lieutenant Governor of Nova Scotia, to Mr. Pownall, viz.
fo. 74.
Letter dated the 9th of January, 1762, desiring Mr. Pownall to move the Board that the sum of one hundred guineas, formerly subscribed by the inhabitants of Halifax, for erecting an organ and by them paid into the hands of Mr. Davidson, late Secretary and Treasurer of Nova Scotia, may be repaid into the hands of an agent appointed by them, for purchasing an organ; and also inclosing Mr. Hinchelwood's certificate of subscription money, etc., expended by Mr. Davidson, Secretary for the Province of Nova Scotia.
Letter dated 11th of January, 1762, desiring directions concerning the clause in the grants of land in Nova Scotia that prohibits alienation.
Letter dated the 18th of January, 1762, acknowledging the receipt of his Majesty's Orders for the repeal of three Acts passed in that province.

fo. 75.

Their lordships proceeded to take into consideration those parts of the letters and papers received from the Lieutenant Governor of Nova Scotia, which relate to the establishments lately made in that province for carrying on the fishery; and as it appeared to their lordships, that it would be essentially necessary for the encouragement of the said fishery, that the same liberty of importing salt directly from any parts of Europe, which by the Act of the 15th of Charles the Second is given to Newfoundland and New England, should be extended to Nova Scotia, they were of opinion, that it would be proper that a Bill for that purpose should be offered to the consideration of Parliament this session; but, as his Majesty's Revenue might be in some degree concerned in this matter, the Secretary was ordered to write a letter to the Secretary to the Lords Commissioners of the Treasury upon this subject, for their lordships' sentiments upon it.

fo. 76.

Resolved, that the consideration of what is proposed for the encouragement of the whale fishery be postponed to another opportunity, and that in the meantime the Governor be directed, upon his arrival in Nova Scotia, to transmit to the Board the best information he can procure of the state of the whale fishery upon the coasts of that province, with his opinion in what manner it may be encouraged for the benefit of this kingdom.

It appearing to their lordships, that the proposal contained in the Surveyor's return of the state of the fishing settlements, that Long Island and its harbour should be reserved for the fishery in general, was reasonable and necessary; it was resolved, that the Governor should be instructed to make such reservation accordingly, and not to make grants of any part of the said island to any person whatever.

fo. 77.

Their lordships then proceeded to take into consideration those parts of Mr. Belcher's letters and papers which relate to the new settlements in general; and the Secretary having acquainted the Board, that Mr. Alexander McNutt, who had engaged last year to introduce settlers into Nova Scotia from the North of Ireland, upon terms proposed by him to the Board, was now in England, with a view to the further prosecution of his plan; it was ordered, that such parts of the letters as relate to this measure should be taken into consideration tomorrow morning, and that notice should be given to Mr. McNutt to attend.

fo. 78.

Their lordships, upon consideration of the return made by the Register of Nova Scotia of the excessive grants of lands made to particular persons, were of opinion, that for the reasons contained in Mr. Belcher's letters, that the grants to the Proprietors of Lawrence Town should be confirmed, independent of any other grants which may have been made to them of lands in other parts of the province, but that the Governor should be directed to take special care, in all future grants, not to grant to any one person more than the quantity, which shall be limited by his Majesty's instructions, and that he do give directions to the Surveyor to make returns from time to time of the progress which shall be made in the cultivation of the grants mentioned in the Register's return, and, in case of any failure or default in the performance of the conditions of the grant, that he do pursue the most effectual measures for a resumption of the lands, and that he do not upon any pretence whatever make any further grants to the possessors of these lands, until they shall have fully settled and cultivated what they already possess, unless they shall surrender so much as shall reduce the quantity to what is limited by his Majesty's instructions.

fo. 79.

Resolved, that the Governor be instructed, that in all future grants of townships, one thousand acres of woodland be reserved near the town for the encouragement of the manufacture of pot and pearl ash, to be granted to such person or persons as shall properly erect, and effectually establish and carry on buildings and works necessary for that material.

Resolved, that the Governor be instructed not to make grants of any parts of the lands reserved by the late Governor for the future settlement of disbanded soldiers.

fo. 80.

Ordered, that the Secretary, being a member of the Society for the Propagation of the Gospel in Foreign Parts, do communicate to the said Society such parts of Mr. Belcher's letters, as relate to the appointment of the Reverend Mr. Vincent to officiate as minister and schoolmaster at Lunenburg, and that he do signify to the said society, that the appointment of Mr. Vincent to be their missionary there, would, in their lordships' opinion, contribute greatly to the advancement of that settlement, and be greatly for the satisfaction of its inhabitants.

Thursday, March 11. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

Pennsylvania.

fo. 81.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, referring to the Board, for their consideration and report, fifteen Acts passed in the Province of Pennsylvania in March, April and September, 1761.

Ordered, that the Acts be sent to Sir Mathew Lamb, and that he be desired to report his opinion thereupon in point of law, with all convenient dispatch.

Nova Scotia.

fo. 82.

fo. 83.

Their lordships then took into further consideration those parts of the letters and papers, lately received from the Lieutenant Governor of Nova Scotia, which relate to the new settlements in general; and Mr. McNutt attending pursuant to order, was desired to acquaint the Board what steps he had taken for introducing settlers into Nova Scotia, in consequence of his proposals offered to the consideration of this Board the last year; whereupon he acquainted their lordships, that he had in the course of the last summer carried over to Nova Scotia from the North of Ireland three hundred persons, chiefly heads of families, and he produced several papers to shew the satisfaction expressed by those people at the reception they had met with, and with the fertility and other advantages of the lands whereon they were to be seated; Mr. McNutt further acquainted their lordships, that besides these settlers from Ireland, he stood engaged for the introduction of one thousand persons from other colonies, of which two hundred families had been actually settled; that he had contracted with persons in Ireland for ten thousand ton of shipping for the transportation of seven or eight thousand persons from that kingdom this summer; that he was preparing to go over into Ireland in order to carry this measure into execution, but previous thereto had some further proposals to make to their lordships; whereupon he was directed to reduce what he had to offer into writing, and to attend the Board therewith on Tuesday next.

Their lordships then took into consideration the Lieutenant Governor's letter to the Secretary, dated 11th January, 1762, stating the doubts he was under with respect to that clause in the grants of lands which forbids alienation; and the Secretary having laid before the Board a report of his late Majesty's Attorney and Sollicitor General on the 6th day of May, 1749, upon this matter, the said report was read and considered, and it was ordered, that a copy of it should be delivered to Governor Ellis, for his information and instruction upon this point.

fo. 84.

Tuesday, March 16. Present:—Lord Sandys, Mr. Eliot, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Plantations General.

Read an Order of his Majesty in Council on the 11th of March, 1762, directing this Board, with the advice and assistance of his Majesty's Advocate, Attorney and Sollicitor General, forthwith to prepare in order to lay before Parliament, a draught of a bill for the tryal and punishment of persons guilty of murther within the Admiralty jurisdiction in his Majesty's Plantations in America.

Resolved, that the said Order be taken into consideration tomorrow morning, and that notice be given to Sir Mathew Lamb to attend the Board at 11 oclock.

fo. 85.

Nova Scotia.

The Secretary laid before the Board a memorial prepared by Mr. Alexander McNutt pursuant to their lordships' orders, containing some proposals for further encouraging the introduction of settlers into the Province of Nova Scotia; and the said memorial having been read, it was agreed to postpone the consideration of it to another opportunity.

Their lordships then took into consideration those parts of the letters and papers received from the Lieutenant Governor of Nova Scotia, which relate to the accounts of expences incurred for the support of the settlement of that colony; and Mr. Benjamin Green, Treasurer of the said colony, attending, their lordships had some discourse with him upon the subject of the said accounts.

fo. 86.

fo. 87.

Mr. Green being withdrawn, it was ordered, that the accounts and vouchers for the payment of money for the service of Nova Scotia, from the 1st of January, 1760, to the 30th of June, 1761, together with extracts of such parts of the Lieutenant Governor's letters as relate thereto, be referred to the Treasurer of the colony and the agent for the settlement; and that they do report to their lordships a state thereof, distinguishing the amount of what has been expended in the year 1760, together with the amount of the bills drawn by the late Governor and by Mr. Belcher, for dollars taken up for the use of the government from the 1st of January, 1760, down to the present time, and the ballance of the monies granted by Parliament for the settlement of this colony, which will remain in his Majesty's Exchequer, when all the said bills and other present demands shall have been discharged; also what sums were remaining in the hands of the Treasurer on the 1st of January, 1762, including the monies repaid into the Treasury on account of the loans to the Provincial Treasurer and to the Commissary for Indian Affairs.

Ordered, that the agent for the settlement do forthwith prepare, in order to be laid before Parliament, an account of the monies paid and charges incurred for supporting and maintaining the settlement of Nova Scotia for the year 1760.

fo. 88.

Wednesday, March 17. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Sir Edmund Thomas, Mr. Rice.

Plantations General.

fo. 89.

Their lordships took into consideration the Order of his Majesty in Council, mentioned in the minutes of yesterday; and the Secretary having acquainted the Board, that Sir Mathew Lamb had signified to him that he was prevented by illness from attending today, as desired; he was ordered, to acquaint Sir Mathew Lamb with their lordships' desire, that he would forthwith prepare the heads or draught of a Bill for the more speedy and effectual punishment of persons guilty of murder, within the Admiralty jurisdiction in the Plantations, to be immediately laid before their lordships for their consideration.

Nova Scotia.

Their lordships then took into consideration those parts of the letters and papers from the Lieutenant Governor of Nova Scotia, which relate to the alterations and amendments directed to be made in the laws passed in the first session of General Assembly, by a letter from the late Commissioners of this Board, of the 12th of December, 1760; and, after some time spent therein, it was ordered, that the draught of a representation to his Majesty should be prepared, proposing the repeal of two of the said Acts passed in 1758, the one, for reviving and continuing two Acts or resolutions of the Governor and Council that foreign debts should not be pleadable in that province, the other, for establishing the rate of Spanish dollars.

fo. 90.

Their lordships also took into consideration those parts of the said letters and papers, which relate to the conduct of several members of the Assembly, in refusing to attend in Assembly on the days to which it was prorogued, and thereby disappointing its meeting for want of a quorum, and were of opinion, that it would be expedient for his Majesty's service, and essentially necessary to the support of government, that those members should be removed from all such offices and places, civil and military, as they now hold by Commission or appointment from his Majesty's Governor of that province, and that Mr. Joseph Gerrish, who appears to have been a principal promoter of this factious measure, should also be removed from such offices as he holds under the Governor's authority.

fo. 91.

Ordered, that the Secretary do write to Governor Ellis to acquaint him that their lordships, having under their consideration several important matters relative to the present state of the Colony of Nova Scotia, desire his attendance as soon as conveniently may be.

Thursday, March 18. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Sir Edmund Thomas, Mr. Rice.

North Carolina.

fo. 92.

The Secretary acquainted the Board, that the executors of the late Bishop of London had delivered to him two laws passed in North Carolina in 1760, for establishing vestries, and making provision for an orthodox clergy, which laws had been referred to his Lordship by an order of the Board of the 25th of November last; whereupon it was ordered, that the Secretary should transmit copies of the said laws to the present Lord Bishop of London, and desire the favour of his Lordship's sentiments upon them, in so far as they regard the establishment of the Church of England in that colony, the right of patronage to livings, and the method established for the suspension or removal of ministers guilty of immorality.

New Jersey.

Read a letter from Josiah Hardy, Esquire, Governor of New Jersey, dated January the 20th, 1762, acquainting the Board that he had appointed Mr. Morris to be Chief Justice and Messrs. Nevil and Saltar to be judges of the Supreme Court during good behaviour; and desiring their lordships' directions, with respect to a Bill proposed to be passed there, for laying a duty upon the importation of negroes.

fo. 93.

New York.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated January 25th, 1762, containing his observations upon an Act passed in the last sessions of Assembly, for the more effectual collecting his Majesty's quit rents and for partition of lands; and inclosing,
Map of Van Ranslaer's Patent, referred to in Lieutenant Governor Colden's letter of January 25th, 1762.
Explanation of and remarks on the map of Van Ranslaer's Patent, etc.

fo. 94.

Read a letter from Cadwallader Colden, Esquire, Lieutenant Governor of New York, dated February 11th, 1762, urging the necessity of some speedy determination, with respect to the support of the Chief Justice and other judges of the Supreme Court, independent of the Assembly, and acknowledging the receipt of his Majesty's orders, concerning the duration of the Judges' Commissions, and the granting lands in that province.

List of papers received with the foregoing letters from Mr. Colden.
Minutes of Council respecting Government transactions, from the 9th of March to the 16th of December, 1761.
New York.
Journal of the proceedings of the Council in their legislative capacity from 10th March, 1761, to the 11th of September, following.
Journal of the votes and proceedings of the Assembly from May, 1761, to January, 1762.
Minutes of Council transactions, which relate to private persons, from 3rd of March, 1755, to the 9th of September, 1761.
fo. 95.
List of persons naturalized pursuant to the directions of the Act of 13th George 2nd, from the 17th of January, 1753, to the 20th of October, 1758.
Ditto, from the 16th of January to the 21st of October, 1761.
Eight Acts passed in 1761, and one in 1762.

Ordered, that the Act passed in 1762, for the more effectual collecting his Majesty's quit rents and for partition of lands, be forthwith sent to Sir Mathew Lamb, and that he be desired to report his opinion upon it in point of law with all possible dispatch.

Ordered, that the eight Acts passed in 1761 be also sent to Sir Mathew Lamb for his opinion thereupon in point of law as soon as conveniently may be.

fo. 96.

Tuesday, March 23. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice.

Nova Scotia.

fo. 97.

The Secretary acquainted the Board that he had, pursuant to their lordships' orders, communicated to the Society for the Propagation of the Gospel in Foreign Parts those parts of the letters from the Lieutenant Governor of Nova Scotia, which relate to the establishment of Mr. Vincent to be a minister at Lunenburg, and that the Society, concurring in opinion with their lordships, had agreed to establish Mr. Vincent as their missionary at Lunenburg, and to appoint Mr. Bennett, who had been before named for that mission, a missionary in the new settlements of Horton, Cornwallis and Falmouth; whereupon it was agreed that the seventy pounds, placed upon the estimate for the year 1762 for the support of a minister at Lunenburg, should be paid to Mr. Vincent, and that a like sum of seventy pounds should be allowed to Mr. Bennett, from the 1st of January, 1762, to the 1st of January, 1763, to be paid out of the money granted upon estimate for contingencies in the service of Nova Scotia for the year 1762.

Plantations General.

fo. 98.

The Secretary laid before the Board the draught of a Bill for the tryal and punishment of murders committed within the Admiralty jurisdiction in the Plantations, prepared by Sir Mathew Lamb pursuant to their lordships' orders, also Sir Mathew Lamb's report upon the said Bill; and the said Bill and report having been read and considered, together with another draught of a Bill for the same purpose, it was ordered, that the Secretary should communicate the said Bill to his Majesty's Advocate and Attorney General, and confer with them thereupon.

Nova Scotia.

The Secretary laid before the Board a report of the Commissioners of his Majesty's Customs, made to the Treasury Board, upon a reference to the said Commissioners of his letter to Mr. West, relating to the importing salt directly from any foreign ports in Europe into Nova Scotia; and the said report having been read and considered, Mr. Eliot was desired to move the House of Commons for leave to bring in a Bill for importing salt from Europe into the Province of Nova Scotia.

fo. 99.

New Jersey.

Their lordships took into consideration the letter from Mr. Hardy, Governor of New Jersey, mentioned in the minutes of the 18th instant; and after some time spent therein, agreed to a case to be stated to his Majesty's Attorney and Sollicitor General, respecting the said Governor's appointment of Mr. Morris to be Chief Justice, and two other gentlemen to be second and third judges of the Supreme Court, which said case, together with two questions thereon as to the validity of the said appointments, the Secretary was ordered to lay before his Majesty's Attorney and Sollicitor General for their opinion.

fo. 100.

Friday, March 26. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice.

Jamaica.

Read the following letters and papers received from Jamaica, viz.
Letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, dated December 21st, 1761, containing his reasons for assenting to an Act for raising money by lottery.
Lieutenant Governor's Speech to the Council and Assembly and their addresses in answer.
Minutes of Council on the 21st of November, 1761, containing their advice to the Lieutenant Governor to give his assent to the Bill for raising money by lottery.
Letter from Henry Moore, Esquire, Lieutenant Governor of Jamaica, dated the 21st of December, 1761, inclosing,
fo. 101.
Address to his Majesty of the Council and Assembly of Jamaica, relative to the trade carried on by his Majesty's subjects with the French under colour of a trade with the Spaniards at Monte Christi.

Ordered, that the Lieutenant Governor's first mentioned letter be taken into consideration, when the Act therein referred to shall have been received.

Ordered, that the above mentioned address of the Council and Assembly be laid before his Majesty in Council, and the draught of a representation to his Majesty therewith be prepared.

Read a letter from William Henry Lyttelton, Esquire, Governor of Jamaica, dated the 26th of January, 1762, acquainting the Board with the intelligence that had been received there of the enemy's design to invade that island, and inclosing,
Jamaica.
fo. 102.
Minutes of a Council of War held on the 24th of January, 1762, upon the intelligence received of the enemy's design to invade that island.

The Secretary acquainted the Board, that dispatches, to the same effect as above, had been received from Jamaica by his Majesty's Secretary of State and by the Lords Commissioners of the Admiralty.

Leeward Islands.

Read a letter from George Thomas, Esquire, Governor of the Leeward Islands, dated Antigua, December 1st, 1761, acquainting the Board with the death of Mr. Lightfoot, one of the Council of that island, and recommending William Warner, Esquire, to be appointed in his stead.

fo. 103.

Saturday, March 27. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Yorke, Mr. Rice, Mr. Roberts.

Jamaica.

The draught of a representation to his Majesty, with the address of the Council and Assembly of Jamaica, mentioned in minutes of yesterday, having been prepared pursuant to order, was agreed to, transcribed and signed.

New Jersey.

Their lordships took into further consideration the letter from Mr. Hardy, Governor of New Jersey, concerning his appointment of Mr. Morris to be Chief Justice, and two other gentlemen to be second and third judges of the Supreme Court during good behaviour, and, after some time spent thereon, a representation to his Majesty was agreed to and signed, proposing that Mr. Hardy may be forthwith recalled from his government.

fo. 104.

Virginia.

Their lordships took into consideration the letter from Mr. Fauquier, Lieutenant Governor of Virginia, notifying the death of Mr. Grymes, a member of his Majesty's Council in that colony, which letter is mentioned in the minutes of the 25th of February; and a representation to his Majesty was agreed to and signed, proposing that Robert Burwell, Esquire, may be appointed to supply the vacancy occasioned by the death of Mr. Grymes.

Tuesday, March 30. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Rice.

Newfoundland.

fo. 105.

Read a memorial of Messrs. Bradford, Northcott, Luckham and Mortimer, praying that some improvements, which they have made in the harbour of White's Arm in Newfoundland, for carrying on the fishery, may be confirmed to them by grant from the Crown.

Ordered, that the said memorial be taken into further consideration on Friday next, and that the agent for the memorialists have notice to attend on that day.

Nova Scotia.

Read a joint report of the agent and treasurer of Nova Scotia, of the state of the publick accounts of that province for the year 1760 and part of the year 1761, drawn up pursuant to their lordships' orders of the 16th instant.

Ordered, that the said report do lye by for further consideration, when the remainder of the accounts of the year 1761 shall have been received.

fo. 106.

Their lordships took into consideration the letter from the Lieutenant Governor of Nova Scotia to the Secretary, dated the 9th of January last, relating to some money subscribed by the inhabitants of Halifax for purchasing an organ, which money was lodged in the hands of Mr. Davidson, late Secretary and Treasurer of that province.

Ordered, that the said letter be taken into consideration tomorrow morning, and that notice be given to Christopher Kilby, Esquire, late agent for the settlement of Nova Scotia, to attend.

fo. 107.

Their lordships then took into consideration that part of the letter from the Lieutenant Governor of Nova Scotia of the 3rd of November last, in which he desires their opinion whether Acts and proceedings had and done under laws repealed by his Majesty in Council, are to be considered as annulled before the publication of such repeal; and their lordships were of opinion, that such acts and proceedings were not to be considered as annulled before the publication of repeal, unless declared to be so by express words in the order of repeal.

The Secretary having acquainted the Board, that Governor Ellis was arrived in town from Bath to attend their lordships, pursuant to their order, the Secretary was directed to desire his attendance at the Board tomorrow morning.

Wednesday, March 31. Present:—Lord Sandys, Mr. Jenyns, Mr. Eliot, Mr. Bacon, Mr. Rice.

Nova Scotia.

fo. 108.

Their lordships took into further consideration the letter from the Lieutenant Governor of Nova Scotia to the Secretary, dated the 9th of January last, relating to some money subscribed by the inhabitants of Halifax for purchasing an organ, which money was lodged in the hands of Mr. Davidson, late Secretary and Treasurer of that province; and Mr. Kilby, the late agent, who attended pursuant to order, having acquainted their lordships that the money, mentioned to have been subscribed in Mr. Belcher's letter by the inhabitants of Halifax for purchasing an organ, had been applied to the use of the publick; whereupon it was ordered, that it should be replaced in the hands of such agents, as the said inhabitants should appoint to receive the same.

fo. 109.

fo. 110.

Their lordships being informed that Mr. Kilby was well acquainted with the state of the North American fisheries, they had some conversation with him upon that subject, and Mr. Kilby being particularly asked, whether any or what quantities of French salt were used by his Majesty's subjects in the said fishery, and whether he judged that a supply of salt was necessary for carrying on that branch of commerce, he said, that he apprehended that the greatest quantity of salt used in the British American fisheries, was now imported from Portugal and Spain, but, that in times of peace, considerable quantities of French salt were brought from St. Martin's and other French ports in the Bay of Biscay; that it was sold cheaper than other foreign salts, but that a greater quantity of it was required to cure the same number of fish than of other sorts; that it was esteemed better for the shoar fishery than the Portugal salt; that the fish cured with it was more acceptable and bore a much better price at Bilbao and other Spanish markets; and that, if we were deprived of the use of it, the French would have great advantage over us in those markets, where the Nova Scotia fish would otherwise have the preference, as the coasts of that province are particularly well situated for the winter fishery, which is the best season for that sort of fish most eligible in the Spanish markets; that the lands of Nova Scotia formerly belonging to the French and now settled by his Majesty's subjects, have great advantages in the production of cattle, which might open a way for a beneficial trade in the exportation of provisions, but that such trade would labour under great disadvantage, if they were restrained from the importation of French salt, which is preferable to all others in the curing of beef and pork.

fo. 111.

Governor Ellis attending as desired, their lordships acquainted him, that they had had under their consideration several letters and papers lately received from the Lieutenant Governor of Nova Scotia, relative to the present state of that province, and that it appeared to their lordships to be necessary for his Majesty's service, that he should prepare, with all possible dispatch, to embark for Nova Scotia, to execute the command his Majesty has conferred upon him.

fo. 112.

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 four thousand, two hundred and thirty three pounds, nine shillings may be issued to him out of the monies granted by Parliament for the support of that settlement, to discharge bills of exchange drawn and other demands made upon him, for the service of that colony; and the said memorial having been approved, it was ordered, that the agent should present it to the Lords Commissioners of his Majesty's Treasury for their lordships' directions upon it.