Journal, April 1770
Wednesday, April 4. Present:—Mr. Jenyns, Mr. Rice,
The Earl of Hillsborough being present, their Lordships
approved and signed a representation to His Majesty on
Lieutenant Thompson's petition for two thousand acres of land
in New York; and also a report to the Lords of the Committee
of Council on the state of the exports of the united Company
of merchants trading to the East Indies.
Read an Order of the Lords of the Committee of Council for
Plantation affairs, dated April 3rd, 1770, directing this Board to
prepare and lay before their Lordships, the draught of an
additional instruction to the Governor &c. of South Carolina, to
prevent the Assembly of that Province from ordering publick
money to be issued in the illegal and unconstitutional manner,
stated in a report of the said Board on the 23rd of February last.
The draught of an additional instruction, conformable to the
foregoing Order, having been prepared and approved, a report
therewith to the Lords of the Committee of Council was signed.
The Earl of Hillsborough laid before the Board an attested copy
of an Act passed in the Colony of New York on the 27th of
January last, entituled an Act declaring certain persons therein
mentioned incapable of being Members of the General Assembly of
this Colony, together with an extract of a letter from the Lieutenant Governor, containing his reasons for assenting to the
said Act, and his Lordship signified the King's commands, that
the Board should consider the said Act, and make such report
thereupon to His Majesty in his Privy Council as they should
Their Lordships accordingly took the said Act and extract of
the Lieutenant Governor's letter into consideration, and ordered
the draught of a representation to His Majesty to be prepared,
proposing that the said Act may be disallowed.
The Earl of Hillsborough laid before the Board an Act passed
in the Colony of New Jersey on the 16th of November, 1769,
entituled an Act for striking one hundred thousand pounds in Bills
of Credit, together with an extract of a letter from the Governor
of that Colony, containing observations upon the said Act, and
his Lordship signified the King's command, that the Board
should consider the said Act, and make such report thereupon
to His Majesty in his Privy Council, as they should think fit.
Their Lordships accordingly took the-said Act and extract of
the Governor's letter into consideration, and ordered the draught
of a representation to His Majesty to be prepared, proposing that
the said Act may be disallowed.
Read a report of His Majesty's Attorney General upon a
private Act passed in Jamaica relative to the estate of Ballard
Beckford, Esquire, ordered to be referred to the said Attorney
General on the 16th of last month.
Their Lordships, upon consideration of the said report and of
the Act, ordered the draught of a representation to His Majesty
to be prepared, proposing that it may be approved.
The Earl of Hillsborough acquainted the Board, that His
Majesty had approved of Thomas Hutchinson, Esquire, to be
Governor of the Province of Massachusets Bay, in the room of
Sir Francis Bernard, Baronet, and that it was His Majesty's
command, that this Board should prepare draughts of a Commission and of instructions for the said Governor.
Ordered, that the said draughts be accordingly prepared with
all convenient dispatch.
Read a letter from Cadwallader Colden, Esquire, Lieutenant
Governor of New York, to the Board, dated February 21st, 1770,
relative to the Acts and proceedings of the Assembly, and the
harmony subsisting between the different branches of the
Monday, April 9. Present:—Mr. Jenyns, Mr. Fitzherbert,
Mr. Rice, Lord Lisburne.
The Earl of Hillsborough being present, his Lordship communicated to the Board an Act passed in the Colony of New
Jersey in November, 1769, intituled a supplementary Act to an
Act intituled an Act appointing Commissioners for finally settling
and determining the several rights, titles and claims to the Common
Lands of the Township of Bergen; and for making partition thereof
in just and equitable proportions among those who shall be adjudged
by the said Commissioners to be intituled to the same; together with
an extract of a letter from the Governor, containing his reasons
for assenting to the said Act, and his Lordship signified the King's
command, that the Board should consider the said Act, and make
such report thereupon to His Majesty in his Privy Council as
they should think fit.
Upon this occasion their Lordships resumed the consideration
of Mr. Bayard's petition relative to the said Act, mentioned in the
minutes of the 26th ultimo, and Mr. Bayard attending, and their
Lordships having heard what he had to offer upon the subject
matter of the said Act, it was ordered, that the draught of a
representation to His Majesty should be prepared, proposing
that the said Act may be disallowed.
The Earl of Hillsborough communicated to the Board, by the
King's command, a memorial of the Embassador from the
Court of France, complaining of certain grievances and hardships
to which the subjects of that Crown are exposed in their con
current fishery on the Coast of Newfoundland, and his Lordship
signified His Majesty's pleasure, that this Board should take the
said memorial into consideration and represent to His Majesty
their opinion thereupon.
The said memorial having been read and considered, their
Lordships, after some conversation with Captain Pallisser and
Governor Byron thereupon, communicated the said memorial to
them, and desired they would consider the same, and report to their
Lordships such observations as should occur to them thereupon.
Wednesday, April 11. Present:—Mr. Jenyns, Mr. Rice,
Mr. Eliot, Mr. Roberts, Mr. Fitzherbert.
Dr. Franklyn, agent for the Province of New Jersey, attended
and was heard in what he had to offer on the subject of two Laws
lately passed in that Province, the one appointing Commissioners
to decide the right to certain Common Lands in the Township of
Bergen, the other for emitting one hundred thousand pounds in
paper Bills of Credit on loan.
Dr. Franklyn being withdrawn, representations to His Majesty,
proposing the disallowance of both the Laws abovementioned,
were approved and signed.
A letter to the Earl of Rochford, one of His Majesty's principal
Secretaries of State, on the subject of the complaints of the
Committee of the Company of merchants trading to Africa,
respecting the interruption given by the Dutch West India
Company to Portuguese vessels selling Brazil tobacco to His
Majesty's subjects, having been prepared pursuant to order, was
approved and signed.
Read a letter from John Delamere, Esquire, concerned in the
silk trade and manufacture of this Kingdom, stating the expediency of extending the bounties on raw silk to several descriptions of it of an inferior quality, not now judged to be entitled to
Mr. Delamere attending, their Lordships recommended him to
postpone any application to Parliament on this subject till next
year, on account of the present session being so far advanced.
A representation to His Majesty proposing the confirmation
of an Act passed in Jamaica in December, 1769, relative to the
estate of Ballard Beckford, having been prepared pursuant to
order, was approved and signed; as were also a representation
to His Majesty with the draught of a Commission for the Governor
of the Massachusets Bay; and a representation to His Majesty
for the disallowance of an Act passed in New York in January
last,for disqualifying the Judges from sitting in the Assembly.
Read a letter to Mr. Pownall from Edward Stanley, Esquire,
Secretary to the Commissioners of the Customs, desiring to be
informed whether the name of Andreas Henry Groth, by birth a
foreigner, appears upon the Register of names naturalized in the
Province of Pennsylvania.
The Secretary having acquainted the Board, that it does
appear that Andreas Henry Groth was naturalized by an Act of
the Legislature of that Colony, but that his name is not on the
list of persons who have qualified themselves as natural born
subjects of Great Britain, under the regulation of the Act of
Parliament of the thirteenth year of His late Majesty's reign, it
was ordered that the Secretary should return an answer to
Mr. Stanley accordingly.
Monday, April 30. Present:—Mr. Jenyns, Mr. Roberts,
Lord Greville, Mr. Eliot, Mr. Fitzherbert, Mr. Northey.
The Earl of Hillsborough being present, a Commission under
the Great Seal of Great Britain, constituting the great officers of
State, together with Soame Jenyns, Edward Eliot, John Roberts,
William Fitzherbert, Esquires, Robert Spencer, commonly called
Lord Robert Spencer, George Greville, commonly called Lord
Greville, and William Northey, Esquire, to be His Majesty's
Commissioners for promoting the trade of this Kingdom, and
inspecting and improving His Majesty's Plantations in America
and elsewhere, was read, and Lord Greville and Mr. Northey
took their seats at the Board.
The Earl of Hillsborough signified His Majesty's pleasure, that
Richard Jackson, Esquire, one of His Majesty's Counsel at Law,
should be the person whom their Lordships should consult upon
all such matters of law, as are not of a nature and importance to
require the advice and assistance of His Majesty's Attorney and
Solicitor General, and Mr. Jackson attending, was called in and
A letter from the Secretary to Mr. Jackson, referring to him,
for his opinion in point of law, a number of Acts passed in several
of His Majesty's Colonies, and pointing out such of them as
require particular consideration and immediate dispatch, was
read and approved.
Their Lordships read and considered a paper received from
the Governor of Newfoundland, containing his and Captain
Pallisser's observations upon and answers to the complaints of
the Court of France relative to the concurrent fishery on the
coast of that Island, as stated in the French Embassador's
memorial, communicated to the Board by Lord Hillsborough on
the 9th instant.
Ordered, that the said papers be taken into further consideration tomorrow, and that Governor Byron and Captain Pallisser
be desired to attend.
North Carolina, Leeward Islands.
The Earl of Hillsborough, by His Majesty's command, communicated to the Board extracts of letters to his Lordship from
the Governors of North Carolina and the Leeward Islands,
recommending persons to supply vacancies in the Councils of
North Carolina, Leeward Islands.
Ordered, that draughts of representations to His Majesty be
prepared, proposing that Martin Howard and Samuel Cornell,
Esquires, may be appointed of the Council of North Carolina, in
the room of James Murray, Esquire, who has quitted that
Province, and of Edward Brice Dobbs, Esquire, who has resigned;
and that Edward Byam, Esquire may be appointed of the Council
of Antigua; and Anthony Johnson and Francis Phillips, Esquires,
may be appointed of the Council of St. Christopher's, there not
being a sufficient number of Councillors resident in either of the
said Islands to transact the publick business.