Journal, February 1725

February 2. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

North Carolina.

Letter from Mr. Carkesse.

Memorial and affidavit against the Governor.

A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, dated the 28th of January last, inclosing a memorial and affidavit of Mr. Gale, Collector of the Customs in North Carolina, setting forth his being insulted by the Governor there, in the execution of his office, was read, whereupon ordered that Mr. Shelton, Secretary to the Lords Proprietors of Carolina, be acquainted therewith.

Pennsylvania.

Letter from William Keith.

Copies of papers about his dispute with the Collector.

A letter from Sir William Keith [folio 37], Governor of Pennsylvania, dated the 25th of November, 1724, inclosing
Copies of the Minutes of Council and other papers, in relation to a dispute between the Governor and the Collector of the Customs in Pennsylvania, upon the seizure of the ship Fame for illegal trade.
to be sent to the Treasury.
was read; whereupon ordered that copies of the said letter and papers be sent to Mr. Scrope, for the information of the Lords of the Treasury.

February 3. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Jamaica.

Acts.

Draught of representation.

Their Lordships took again into consideration the draught of a representation upon the Jamaica Laws [folios 28, 33], mentioned in the Minutes of the 13th of the last month, and made a progress therein.

February 4. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Jamaica.

Acts.

Representation.

Their Lordships took again into consideration the draught of a representation upon the Jamaica laws [folios 32, 36], mentioned in yesterday's Minutes, and made a progress therein.

Acts considered.

Their Lordships also considered the following Jamaica Acts, and agreed upon them, as is expressed under each respective title.
An Act for the encouragement of voluntary parties to suppress rebellious and runaway negroes, passed in 1718.
To be confirmed.
An Act to prevent the enticing of slaves from the possessors, and for the preventing the transportation of slaves by mortgagers and tenants for life and years, and for regulating abuses committed by slaves, passed in 1719–20.
To be confirmed.
An Act for the relief of such persons as have suffered by piracies and robberies at sea or on shore by any of His Majesty's subjects of this Island, passed in February, 1720–1.
To be confirmed.
An Act to suspend a clause in an Act entituled, An Act for ascertaining, establishing, and more speedy collecting Her Majesty's quit rents, and for the future ease of the inhabitants of this Island, and better discovering His Majesty's quit rents, passed in 1721.
To be confirmed.
An Act for the more easy obtaining of partitions of lands, tenements, negroes and other hereditaments in joint tenancy, tenancy in common and copartnery, passed in 1721.
To be repealed.
An Act for establishing a perpetual anniversary fast on the 28th of August, passed in 1722.
To be confirmed.

February 5. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Jamaica.

Acts.

Draught of representation.

The draught of a representation, mentioned in yesterday's Minutes, upon the several public Jamaica Acts [folios 33, 37], not yet confirmed or repealed, was again considered by their Lordships, and a progress made therein.

February 9. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Pennsylvania.

Letter from Mr. Carkesse.

Complaint against Collector, Mr. Moore.

Copy to be sent him.

A letter from Mr. Carkesse [folio 30], of yesterday's date, desiring a copy of Sir William Keith's letter, in relation to Mr. Moore, Collector of the Customs at Philadelphia, was read, whereupon ordered that a copy of the said letter be sent him accordingly.

Jamaica.

Acts.

Draught of representation.

Their Lordships then took into consideration the draught of a representation upon the Jamaica laws [folios 36, 39], mentioned in yesterday's Minutes, and made a progress therein.

February 13. Present:—Earl of the Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Plummer.

Trade.

Sweden.

Lord Townshend's letter about King of Sweden's Ordinances about navigation of foreigners.

Merchants.

summoned.

Their Lordships took again into consideration the letter from the Lord Viscount Townshend [folios 23, 40], mentioned in the Minutes of the 26th of the last month, upon the King of Sweden's Ordinances, relating to the navigation of foreigners to Sweden, and respecting trade, whereupon ordered that several Swedish merchants be acquainted that the Board desire to speak with them thereupon on Thursday morning next at 11 o' the clock.

February 16. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Pelham, Mr. Plummer.

Jamaica.

Acts.

Draught of Representation.

The draught of a representation, mentioned in the Minutes of the 9th instant, upon the several public Jamaica Acts [folios 37, 44], not yet confirmed or repealed, was agreed and ordered to be transcribed.

February 18. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Pelham, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Trade.

Merchants trading to Sweden.

Navigation of foreigners.

Opinion desired in writing.

Mr. Lyle and Mr. Norris, attending [folios 38, 71], as they had been desired, their Lordships communicated to them the King of Sweden's Ordinances, relating to the navigation of foreigners to Sweden, referred to this Board by Lord Townshend's letter of the 9th, mentioned in the Minutes of the 26th of the last month, and desired they would put in writing, what they had to offer on this subject, as soon as possibly may be.

Jamaica.

Order of Council, Petition of South Sea Company against duties on negroes and flour.

Some of the Directors to attend.

An Order in Council of the 10th December, 1724, referring to this Board the petition of the South Sea Company [folio 45], complaining of duties laid in Jamaica on negroes and flour, imported and exported there, as prejudicial to the Assiento trade, was read, and ordered that Mr. Wescombe be acquainted that the Board desire to speak with some of the directors of the said company thereupon, on Tuesday morning next [folio 45].

Order on petition of merchants against two Acts on the same subject.

Merchants summoned.

An Order in Council of the 10th of December, 1724, referring to the Board the copy of a petition of the merchants trading to Jamaica, praying His Majesty's disapprobation of two Acts lately passed there, laying great duties on negroes, and flour, etc., was read, and ordered that Mr. Morrice and Mr. Harris be acquainted that the Board desire to speak with them thereupon on Tuesday morning next.

Bermuda.

Reference on petition of Rosst for two small islands.

Mr. Rosst summoned.

A reference from the Duke of Newcastle of the 4th of February, 1724–5, upon the petition of Henry Rosst [folio 47], praying a grant of one or two small islands adjacent to Bermuda, was read, whereupon ordered that he be acquainted that the Board desire to speak with him thereupon on Wednesday morning next.

Plantations General.

Leeward Islands.

Mr. West's report.

A Governor voting as a Councillor.

Act of Montserrat for additional allowance to Colonel Hart.

Mr. West's report in relation to a Governor's power of voting as a Councillor in the passing of bills when the Council sit in their legislative capacity, was read, and their Lordships resolved to reconsider the same, before they made their representation upon the Act, passed at Montserrat in 1723–4, entituled, an Act for granting to His Majesty, his heirs and sucessors, certain duties upon the import of liquors and upon house rent and mills in this island for the payment of £500 annually to His Excellency John Hart, Esquire, Captain General and Governor in Chief of all His Majesty's Leeward Charribbee Islands in America.

Newfoundland.

Reference to Mr. Toshach's petition.

Recompence for a house in the fortifications.

Colonel Philips to give account of it.

A reference from the Duke of Newcastle of the 20th January upon Mr. Toshach's petition, praying a recompence for a house taken from him in Newfoundland, for His Majesty's use, by Colonel Gledhill, Lieutenant Governor there, was read, whereupon ordered that Colonel Philipps [folio 100] be desired to give their Lordships the best account he can of this matter.

February 19. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir John Hobart.

New England.

Plantations General.

Letter from Mr. Burniston about Mr. Armstrong, his Deputy Surveyor of the Woods, etc., Mr. Armstrong to attend.

A letter from Mr. Burniston, desiring their Lordships would be pleased to take the several papers concerning Mr. Armstrong, his deputy, into consideration, was read, whereupon ordered that Mr. Armstrong be acquainted that the Board desire to speak with him on Thursday morning next [folio 49].

Jamaica.

Acts.

The representation upon the Jamaica Acts, agreed the 16th instant, was signed, as also

Representation signed and letter to Duke of Newcastle.

A letter for inclosing a copy thereof to His Grace the Duke of Newcastle.

February 23. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Jamaica.

Directors of the South Sea Company and other merchants about duties on negroes and flour.

Mr. Morrice, Mr. Harris, and some of the directors of the South Sea Company [folios 41, 60], attending, as they had been desired, their Lordships had some discourse with them, in relation to the two Orders in Council, of the 10th December last, both mentioned in the Minutes of the 18th instant, referring to the Board the petitions of Mr. Morrice and Mr. Harris, and of the South Sea Company, complaining of duties laid in Jamaica on negroes and flour imported, and their Lordships acquainted them that the last Act in Jamaica, which laid a duty on negroes imported, was an annual Act and expired in November last, and that the Bill, which lays a duty on flour imported, is not in force, the Duke of Portland not having yet passed it, and that as in the first Act, there was a clause, whereby those negroes that were landed only for refreshment were exempted from the duties laid thereby, they did not conceive these gentlemen lay under the hardships they complained of. Mr. Morrice then acquainted the Board that he had certain advice from Jamaica, that the Assembly there designed in their next Act, for laying duties on negroes, to leave out the aforesaid clause, and desired the Board would give them an opportunity of being heard, if such an Act should pass, before the same be confirmed by His Majesty.

Gentlemen to put in writing what they have further to offer.

The Board then desired these gentlemen would put what further they had to offer on this subject in writing, which they promised to do accordingly.

February 24. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Bermuda.

Mr. Rosst on his petition for two islands.

Mr. Rosst, attending, as he had been desired, their Lordships had some discourse with him, in relation to his petition [folios 41, 57] for two of the Bermuda Islands, referred to the Board by His Grace the Duke of Newcastle, and mentioned in the Minutes of the 18th instant, and agreed to consider further thereof at another opportunity.

Bermuda.

Reference on Dean Berkeley's petition.

College to be erected.

Reference from the Duke of Newcastle upon Dean Berkeley's petition [folio 52], praying for Letters Patents for erecting a College in Bermuda, was read, whereupon ordered that he be acquainted that the Board desire to speak with him on Friday morning next.

Lord Bishop of London.

Ordered that the Bishop of London be acquainted that their Lordships desire his assistance at the Board at the same time.

February 25. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

New England.

Plantations General.

Mr. Armstrong, Mr. Dummer and Captain Bolam, Mr. Scrope's letter on Mr. Armstrong's petition about the complaints against him.

To be further considered.

The Secretary to examine Mr. Armstrong.

Mr. Armstrong, late Collector of the Customs in New Hampshire, attending, as he had been desired, with Mr. Dummer and Captain Bolam, their Lordships took into consideration a letter from Mr. Scrope, dated the 2nd of October last, mentioned in the Minutes of the 6th of the same month, inclosing the petition of Mr. Armstrong, praying to be heard upon a complaint, made against him in his absence, of his disloyalty to the Royal family, and other misbehaviours, upon which he was removed from being Collector of the Customs and Naval Officer in New Hampshire, as also his defence, which was this day read, as also several papers and other affidavits, therein referred to, and their Lordships, after some discourse with him thereupon, resolved to consider further thereof at another opportunity; in the mean time, ordered that the Secretary do examine Mr. Armstrong and his several papers and collect a particular answer to each article of the complaints exhibited against him, and when he shall have prepared the same, that he acquaint the Board therewith.

Nova Scotia.

Colonel Armstrong's commission for Lieutenant Governor.

Colonel Armstrong, attending, laid before their Lordships a commission, which His Majesty has been pleased to grant him for the place of Lieutenant Governor of Nova Scotia, which was read, and their Lordships ordered that the same should be entered in the books of their office.

A copy of Colonel Philips's commission and instructions ordered for Colonel Armstrong.

Colonel Armstrong further acquainted their Lordships that whereas, by an article in Colonel Philipps's commission, all the powers and authorities given to the Governor by the said commission were granted to the Lieutenant Governor in his absence, and as he shortly intended to go there, he begged their Lordships would be pleased to order him a copy of Colonel Philipps's said commission and instructions, which was ordered accordingly [folio 100].

February 26. Present:—Earl of Westmorland, Bishop of London, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Bermuda.

Doctor Berkeley.

Reference about a College to be erected.

Doctor Berkeley attending, as he had been desired, their Lordships took again into consideration the reference from the Duke of Newcastle upon his petition [folios 48, 54], praying Letters Patents may be granted for erecting a College in Bermuda, (mentioned in the Minutes of the 24th instant), and, after some discourse with the Doctor, ordered that the draught of a representation should be prepared thereupon.

Leeward Islands.

Reference on petition of Mr. Smith, Secretary of the Islands.

Hearing appointed.

A reference from the Duke of Newcastle of the 19th instant, upon the petition of Wavel Smith, Esquire [folio 55], Secretary to the Leeward Islands, was read, and the said Mr. Smith attending and desiring their Lordships would be pleased to appoint a day to hear what he might have to offer upon the said petition, their Lordships were pleased to appoint Thursday next at eleven o'clock in the morning.

Agents to attend.

Ordered that the agents of the Leeward Islands be directed to attend at the same time.

Trade.

Plantations General.

Inspector General to furnish copies of accounts ordered by Parliament.

Ordered that Mr. Balam, Inspector General of the Imports and Exports, be desired regularly to send to this office copies of the several accounts that he shall be directed to lay before the Parliament.