Journal, August 1730
August 4. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Letter from Mr. Hintz for money.
A letter from Mr. Hintz, dated at Rotterdam, the 8th of this
month, N.S., was read, relating to some delay in the affair of the
German protestants, whom he had undertook to procure to go
and settle in Nova Scotia, and desiring to have a credit for thirty
pounds in order to complete his undertaking; whereupon
directions were given for preparing an answer to the said letter.
Letter to Duke of Newcastle, with papers.
The draught of a letter to the Duke of Newcastle, ordered the
22nd past to be prepared, for transmitting to His Grace the
duplicate of a petition and representation of the Lieutenant
Governor, Council and Assembly of Bermuda to His Majesty, with
the copy of a letter from Capt. Pitt and the Council of that Island
of the 9th of October last, and an inclosed account of vessels,
etc., seized by the Spaniards, was agreed and signed.
Letter to Duke of Newcastle.
Ld. Carteret's eighth share.
The draught of a letter to the Duke of Newcastle, ordered the
28th past to be prepared to the Lord Carteret, relating to His
Lordship's eighth part of the province of Carolina, was agreed and
Letter to Capt. Burrington.
Ordered that a letter be writ to Capt. Burrington, appointed
Governor of North Carolina, to acquaint him that the Board have
signed their representation upon his instructions so long ago as
the 10th of June last, and have waited ever since for his list of
Councillors, but that if he does not bring the names of twelve
persons proper to be inserted upon the occasion by Monday next,
their Lordships will either send away his instructions without
Councillors, or name them without waiting any longer for his
advice upon that subject.
August 5. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Mr. Gray's memorial.
Mr. Galfridus Gray attending, his letter and memorial, dated
July 7th, were read, referring to some former memorials
he had presented, and about shutting up the Spanish Trade from
America when we please, particularly representing the great
value and consequence of the Bahama Islands and proposing a
settlement to be made at Heneago, one of the Bahamas; and their
Lordships having some discourse with him on this subject,
he was acquainted, that if he would lay before them any scheme
for settling the said island of Heneago, or other places, and how
means may be found for defraying the charge thereof, their
Lordships would represent what might be proper thereupon to
His Majesty, and as to any reward Mr. Gray might expect for
services or such useful discoveries as he might communicate to
them, they could only recommend him to His Majesty's favour.
Memorial from Mr. Yeamans, Chancery Act.
A memorial from Mr. Yeamans, agent for the Island of Antigua,
praying their Lordships to recommend an Act, passed there in
1728, to supply the defects of a certain Act of this Island, entituled,
An Act for constituting a Court of Chancery in this Island and
for holding Courts of Chancery in the absence of the Commander
in Chief, etc., for His Majesty's approbation, whereupon directions
were given for inquiring into the constitution of the Courts of
Chancery in His Majesty's other plantations in America.
A letter to the Duke of Newcastle, with the Board's observations
upon the draught of instructions prepared for the Commissaries
appointed to treat with those of Spain, pursuant to the treaty of
Seville, and transmitting other papers annexed, agreed the 30th
of last month, was signed.
August 6. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Lord Carteret's eighth.
A letter from the Lord Carteret, dated this day, in answer to
their Lordships' of the 4th inst., relating to his eighth part of the
province of Carolina and the value his Lordship sets upon it,
was read; whereupon directions were given for preparing the
draught of a report to the Lords of the Committee of Council,
mentioned in the Minutes of the 28th of the last month, upon
Secretaries, clerks and other officers to take no gratuities.
The Lords Commissioners for Trade and Plantations being
informed that several persons have paid money to their secretaries
or clerks as fees or gratifications for their trouble in matters
transacted in this office, more particularly on the passing of
commissions and instructions for Governors, on reports for
appointing of Councillors, and upon hearings before their Lordships
in matters of controversy; as these gratuities have been received
without their Lordships' privity or consent, who do neither know
or allow of any fees or gratuities due or to be taken for business
transacted in their office, now their Lordships have thought fit to
express their utter dislike of such practices, and they do hereby
strictly forbid their secretaries, clerks and other officers from
demanding, taking, or receiving any fee, gratuity, or reward
whatsoever, upon any pretence, for business done or to be done
in this office; but they are not hereby restrained from receiving
such reasonable gratuities as any person shall think fit to bestow
upon them for extraordinary attendances out of the office, or for
copies of papers, made at the request of parties therein concerned.
Whereof the said secretaries, clerks and other officers of this
Board are at their peril to take notice.
August 11. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Letter from Mr. Hintz about delay in the settlement of German protestants.
A letter to Mr. Daniel Hintz was agreed and ordered to be
sent, in answer to his of the 8th of this month, N.S., which was
read the 4th inst., relating to some delay in the affair of the
German protestants, whom he undertook to procure to go and
settle in Nova Scotia, and to a credit for thirty pounds, desired
by him to complete his undertaking.
Lord Carteret's eighth part.
The draught of a report, directed to be prepared the 5th inst.,
to the Lords of the Committee of Council upon the Lord Carteret's
answer, relating to his eighth part of the province of Carolina and
the value his Lordship sets upon it, was agreed, transcribed and
Letter to the Treasury about the appointment of a solicitor and clerk of the reports.
Their Lordships considering that the business of this office
has been very much increased of late, and is likely to be augmented,
which creates an occasion for more assistance than the ordinary
establishment will admit, the draught of a letter to the Lords of
the Treasury was agreed and signed, desiring them to impower
this Board to appoint an additional officer with the title of
solicitor and clerk of the reports, and that a salary may be allowed
him of two hundred pounds per annum in the accounts of the
incident charges of the office.
August 12. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Instructions agreed for Mr. Burrington.
The draughts of instructions for Capt. Burrington, Governor
of North Carolina, which were agreed the 3rd of June last, having
remained in this office for want of a list of persons expected from
him to fill up His Majesty's Council for that province, and some
alterations having in the interim been found proper to be made
in the said instructions, conformable to what has since been
approved for South Carolina; their Lordships agreed the said
alterations, as likewise the said instructions, which particularly
relate to trade and navigation; whereupon the draughts of a
representation, for laying the same before His Majesty, and of a
letter to enclose them to His Grace the Duke of Newcastle, were
agreed and ordered to be transcribed.
August 13. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
North and South
Grants by the Lords Proprietors.
Mr. Attorney and Mr. Solicitor's reports.
Copies of the report to be given to Col. Johnson and Capt. Burrington.
Mr. Attorney and Mr. Solicitor General's report, relating to the
validity of certain grants made by the Lords Proprietors of
Carolina, particularly one to Sir Nathaniel Johnson in 1686,
was read, whereupon ordered that copies of the said report be
prepared for Colonel Johnson and Captain Burrington, Governors
of South and North Carolina.
Representation, with instructions, signed.
A representation, for laying before His Majesty the draughts of
general instructions and of those relating to the Acts of Trade and
Navigation for Capt. Burrington, Governor of North Carolina,
agreed at the last meeting, was signed.
Share of forfeitures.
An Order of the Lords of the Committee of the Privy Council,
dated the 4th of July last, was read, approving the draught of an
instruction, relating to His Majesty's share of forfeitures incurred
for destroying his woods in America, and requiring instructions
to be prepared accordingly, not only for the Governor of the
Massachusetts Bay and New Hampshire and for Colonel Dunbar,
Surveyor General of the Woods on the Continent of America, but
also for the Governors of all the colonies named in an Act of
Parliament giving further encouragement for the importation
of Naval Stores, and for other purposes therein mentioned.
Whereupon the said instructions being prepared, a report, for
laying them before the Lords of the Committee, was signed.
Mr. Attorney and Solicitor General's report about making of laws.
A report from Mr. Attorney and Mr. Solicitor General, was read,
upon the copy of the charter to the colony of Connecticut, and of
a memorial of John Winthrop, Esq., in answer to a letter writ
to them for their opinion concerning the power of that colony to
make laws, which affect property; whereupon directions were
given for looking out and laying before the Board at the first
opportunity the particular Act complained of in the said memorial,
relating to the settlement of intestates' estates.
Mr. Browne's complaints to be sent to Major Gordon.
Report ordered that Mr. Gordon may not interfere with the proceedings of the Vice Admiralty Court.
Mr. Browne, Judge of the Court of Admiralty of Pennsylvania,
having prepared a state of his case in writing, as directed the 23rd
of the last month, with respect to his complaints against Major
Gordon, Deputy Governor of that province, the same was read,
and their Lordships were pleased to order copies to be made of
the several papers presented by Mr. Browne to this Board, relating
to his said complaints, to be transmitted to Major Gordon for
his particular answers, with all convenient speed, and that in
the meantime the draught of a report be prepared to the Lords of
the Committee of Council, proposing that His Majesty's pleasure
be signified to Major Gordon, requiring him not to interfere with
the proceedings of the Admiralty Court upon prosecutions there
for breaches of the Acts of Trade and Navigation, but to give all
countenance and due encouragement to the several officers thereof
in the performance of their duty.
August 18. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Colonel Johnson, attending, Cherokee Indians.
Sir Wm. Keith summoned.
Colonel Johnson, Governor of South Carolina, attending, their
Lordships had some discourse with him, relating to the Cherokee
nation of Indians, bordering upon the frontiers of that province,
and concerning some of their chiefs now in this kingdom; whereupon ordered that Sir William Keith, late Deputy Governor of
Pennsylvania, who has formerly had conferences with the
Indians, be acquainted that the Board desire to speak with him
at eleven of the clock to-morrow morning.
Letter from Mr. Scrope, the Treasury agree to the nomination of a solicitor and clerk of the reports.
Mr. Burrish appointed.
A letter from Mr. Scrope, Secretary to the Lords of the Treasury,
dated the 12th inst., was read, signifying that their Lordships
of the Treasury do consent and agree to this Board's appointing
an additional officer under them with the title of solicitor and clerk
of the reports, for so long time, as their Lordships shall want
the assistance of such an officer, and that he be allowed two
hundred pounds per annum out of the contingences of this office,
as proposed by the Board the 11th of this month; whereupon
their Lordships were pleased to nominate and appoint Mr.
Onslow Burrish to be solicitor for this office and clerk of the
reports; and Mr. Burrish attending, was called in and acquainted
Their Lordships then made a progress in collating and examining several proofs referred to in the state of His Majesty's title
to the island of St. Vincent's, agreed the 23rd of June, and gave
directions for preparing copies of the said proofs to be annexed
as an appendix thereto.
August 19. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Their Lordships proceeded in examining several further proofs
referred to in the state of His Majesty's title to the island of St.
Form of a declaration, Indians.
After which, Sir William Keith attending, as desired, their
Lordships had some discourse with him concerning several nations
of Indians bordering upon His Majesty's plantations on the
continent of America, and the manner of conferring and treating
with them; whereupon Sir William was desired to let their
Lordships have in writing, agreeable to the Indian style, the form
of a declaration or agreement proper to be mutually made by the
chiefs of the Cherokee Indians now here, and by such as His
Majesty shall appoint on his part for that purpose, upon the said
Indians having submitted their dominion and territories to His
Majesty, which Sir William Keith promised accordingly.
August 20. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Sir William Keith attending, presented to their Lordships,
as desired, the form of a declaration or agreement proper to be
mutually made by the chiefs of the Cherokee Indians now here,
and by such as His Majesty shall appoint on his part, which was
read; and the draught of a letter to His Grace the Duke of
Newcastle, to know His Majesty's pleasure on this subject, was
agreed and signed.
August 25. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Sir William Keith and Colonel Johnson attending, with the
interpreter of the Indian chiefs, the Board had some discourse
with them concerning the manner of treating with the said chiefs.
August 26. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Representation, His Majesty's title.
The representation, containing a state of the King's title to the
island of St. Vincent's, agreed the 23rd of June last, was signed,
as also a letter, for inclosing the same to His Grace the Duke of
Letter from Mr. Lowndes, Sesamum seeds.
A letter from Mr. Lowndes with some Sesamum seeds, which
grow in Carolina, and some of the oil produced from them, was
August 27. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.
Tract of land.
Colonel Dunbar's settlement.
Capt. Labord, agent for Colonel Dunbar, attending, acquainted
the Board that Capt. Marwood, commander of the Lyme, could
give an account of the tract of land between New England and
Nova Scotia, where Colonel Dunbar has lately made some settlements; whereupon ordered that Capt. Marwood be desired to
attend the Board on Tuesday morning next.
Mr. Shelton, value of the lands.
Mr. Shelton attending, desired their Lordships would please
to make their report upon the Order of the Committee of Council,
mentioned in the Minutes of the 31st of October last, directing
the Board to consider the value of the lands of the Bahama Islands,
and what sum may be proper to be given for them, etc., and their
Lordships, taking the same into consideration, gave directions
for preparing a report thereupon.
His Majesty's title.
Their Lordships then took again into consideration the draught
of a report upon the King's title to the island of Dominica,
mentioned in the Minutes of the 4th of May last, and made a