Journal, November 1731

November 2. Present:—Mr. Bladen, Mr. Brudenell.

Barbadoes.

considered.

Mr. Leheup and Mr. Forster, agents for Barbadoes, attending, as they had been desired, the representation from the Assembly in Barbadoes, setting forth the hardships under which they at present labour, mentioned in the Minutes of the last meeting, was again read, and after some discourse thereon, the Board agreed to consider further thereof to-morrow morning.

New Hampshire.

New Councillors.

The representation proposing six new Councillors for the province of New Hampshire, agreed the 27th of the last month, was signed.

New England.

Dispute between Colonel Dunbar and Governor Belcher.

Their Lordships took into consideration the draught of a report, ordered to be prepared the 26th of the last month, upon the dispute between Governor Belcher and Col. Dunbar, and made a progress therein.

November 3. Present:—Mr. Bladen, Mr. Brudenell.

Barbadoes.

Assembly's address to be sent to the Duke of Newcastle.

The Board taking again into consideration the representation from the Assembly of Barbadoes, mentioned in yesterday's Minutes, gave directions for preparing the draught of a letter, for enclosing the same to the Duke of Newcastle.

New England.

Letter from Mr. Partridge, that the Governor of the Massachusetts may be continued Governor of New Hampshire.

A letter from Mr. Partridge, dated the 8th of October last, enclosing a copy of an address from the inhabitants of New Hampshire to His Majesty, desiring for several reasons that the Governor of the Massachusetts Bay may be continued their Governor.

November 4. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

New England.

Dispute between the Governors.

The representation, ordered to be prepared the 26th of the last month, upon the dispute between Mr. Belcher, Governor of the Massachusetts Bay and New Hampshire, and Colonel Dunbar, Lieutenant Governor of New Hampshire, concerning Col. Dunbar's right of command in New Hampshire whilst Mr. Belcher is resident in the Massachusetts Bay, was agreed and signed.

Trade.

Herring trade.

Bremen.

The representation upon the convention concluded between His Majesty and the town of Bremen, relating to the herring trade, was agreed and signed, as also a letter, for inclosing the same to the Lord Harrington.

Massachusetts.

16th and 30th Articles of Instructions.

A letter from Mr. Wilks, agent for the Massachusetts Bay, inclosing his reasons for altering the 16th and 30th instructions given to Mr. Belcher, Governor of the said Province, was read; and their Lordships taking the same into consideration, as also the draught of their report upon this subject, ordered to be prepared the 27th of the last month, the said report was agreed and signed.

Barbadoes.

Address of the Assembly.

The letter, for enclosing to the Duke of Newcastle a copy of the address from the Assembly of Barbadoes to the Board, setting forth the hardships, under which they at present labour, mentioned in the Minutes of the 2nd inst., was agreed and ordered to be transcribed.

November 9. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Massachusetts.

Assembly's inspecting into accounts.

Mr. Wilks, agent for the Massachusetts Bay, attending, he presented to the Board a printed extract from the journal of the House of Representatives of the said Province, relating to the right claimed by them of inspecting and allowing all accounts, before the Governor shall give any order for paying the same; which being read, their Lordships acquainted Mr. Wilks, that at their last meeting they had signed a report upon this subject, and did not see any reason to make any alteration therein.

Barbadoes.

Address of the Assembly.

The letter, for inclosing to the Duke of Newcastle, the copy of an address from the Assembly of Barbadoes, setting forth the hardships under which they at present labour, agreed at the last meeting, was signed.

Letter to Mr. Worseley, perquisites

The Secretary then acquainting the Board that Mr. Worseley, late Governor of Barbadoes, was returned to England, ordered that a letter be wrote to him, to desire he will inform the Board what the annual amount of the perquisites of that Government may amount to.

November 10. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

New Hampshire.

Letter from the Lieutenant Governor, with a paper.

A letter from Col. Dunbar, Lieut. Governor of New Hampshire, to the Secretary, dated the 11th of September, 1731, was read, and the paper, therein referred to, laid before the Board:—
Copy of a commission for Comptroller of the Customs in New Hampshire from Mr. Belcher, dated 30th August, 1731.

Extract of the letter, sent to Mr. Burchet.

Ordered that an extract of the aforesaid letter be sent to Mr. Burchet for the information of the Lords of the Admiralty, and to Mr. Carkesse for the information of the Commissioners of the Customs.

Trade.

Turin.

Their Lordships then took into consideration the two letters from His Grace the Duke of Newcastle, and the papers, therein referred to, relating to some hardships our woollen trade lies under at Turin, mentioned in the Minutes of the 24th March last, and gave directions for preparing the draught of a letter to the Duke of Newcastle thereupon.

Trade between Great Britain and Sweden.

The letter from the Lord Harrington, read the 5th of August last, enclosing several papers, relating to the trade between Great Britain and Sweden, being again read, directions were given that some Swedish merchants should be desired to attend the Board upon this subject on Tuesday next, and some of the directors of the East India Company on this day seven-night.

November 11. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Trade.

Turin.

Woollen trade.

A letter to the Duke of Newcastle, relating to some hardships our woollen trade lies under at Turin, ordered yesterday to be prepared, was agreed and signed.

Massachusetts.

18 Acts.

Their Lordships then taking into consideration the Order in Council, mentioned in the Minutes of the (26 Aug., (fn. 1) p. 232), referring to the Board 18 Acts, passed in the Massachusetts Bay in 1731, Mr. Fane's report thereupon, was read, as were also the nine following Acts, to which the Board have no objection.

An Act impowering commissioners to determine the bounds between this, His Majesty's province of the Massachusetts Bay, and the province of New Hampshire.

An Act in addition to the Act entituled, An Act for the settlement and distribution of the Estates of Intestates.

An Act for explanation of and supplement to the Act referring to the poor, etc.

An Act for regulating the soldiers in His Majesty's service, and in the pay of this province.

An Act to prevent deceit in the gage of casks.

An Act to prevent frauds in muster rolls.

An Act to prevent unnecessary law suits.

An Act for erecting, granting and making a county in the inland parts of this province, to be called the county of Worcester, and for establishing Courts of Justice within the same.

An Act for naturalizing Protestants of foreign nations inhabiting within this province.

Their Lordships then resolved to consider the remaining Acts to-morrow morning.

November 12. Present:—Mr. Docminique, Mr. Pelham.

The Board, taking into consideration the following Acts, passed in the Massachusetts Bay in 1731, referred to them by the Order in Council, mentioned in yesterday's Minutes, had no objection to their being confirmed, viz:—

An Act in further addition to the Act encouraging the killing of wolves, made in the 5th year of the reign of King William and Queen Mary.

An Act for encouraging the raising of hemp within this province.

An Act for impowering Courts to adjourn and remove from the towns appointed by law for holding Courts, to other towns, in case of sickness by the small pox.

An Act for relief of, and to prevent the oppression of, debtors.

An Act for dividing the town of Taunton, and erecting a new town there by the name of Raynham.

An Act for payment of the members of His Majesty's Council and the representatives serving in the late General Court or Assembly, from the 14th of October last past to the dissolution thereof, and of the members aforesaid serving in this Court to the end of the present session.

An Act for supplying the Treasury with the sum of £6,000.

An Act in further addition to an Act entituled, An Act for due regulation of weights and measures made in the 4th year of the reign of their late Majesties King William and Queen Mary.

Acts.

Matter stated to Mr. Fane.

But a question arising whether by the expiration of the Act, passed in the 13th year of King George the 1st, for enlarging the pay of the members of the Great and General Court of this province and, mentioned in the Act passed in 1731, in addition to an Act entituled, An Act for ascertaining the number of and regulating the House of Representatives, the Act passed in 1692, for ascertaining the number and regulating the House of Representatives, did not totally revive, ordered that this matter be stated to Mr. Fane, and that he be desired to give his opinion thereon.

Rhode Island.

Acts, bills of credit.

A letter from Mr. Kay, collector of the Customs at Rhode Island, dated the 2nd of September, 1731, was read, as were also the papers, therein referred to.
A representation from several of the inhabitants of Rhode Island, concerning the Act for emitting £60,000 in Bills of Credit.
An Act for emitting £60,000 in Bills of Credit.
A resolution of the Assembly, deeming for several reasons the dissent of the Governor of Rhode Island to the aforementioned Act to be null and void.

And their Lordships agreed to consider further of this affair, when the petition and letter to His Majesty, mentioned in the above representation, should be referred to the Board.

November 16. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Barbadoes.

Naval Officer's lists, wanting.

The Secretary acquainting the Board that for the want of the Naval Officer's lists at Barbadoes, during the whole time of Mr. Worseley's Government, it is not possible to make out a state of the trade of that Island, ordered that a letter be wrote to the President of the Council for copies of the said accounts.

Plantations General.

Recovery of debts.

A letter from Mr. Morice and several other merchants, inclosing an account of several cases that have happened in some of the plantations, where, as the law stands, the merchants are left without remedy for the recovery of their just debts, or have such only, as is very partial and precarious, was read, and their Lordships resolved to consider further thereof to-morrow morning.

South Carolina.

Letter from the Governor.

A letter from Col. Johnson, Governor of South Carolina, dated the 26th of March, 1731, was read; as also
A letter from him, dated the 13th of August, 1731.
And directions were given for preparing an answer thereto.

Capias Act.

A letter from Mr. Thomas Lowndes, inclosing the extract of a letter to him from Mr. Wright, Chief Justice of South Carolina, dated the 6th of August, 1731, about repealing the Act passed there for bringing debtors into Court by Capias, and thereby reviving the Act for a summons in lieu thereof, was read, and their Lordships resolved to consider further of the said law, when Col. Johnson shall have sent over the several Acts passed since his Government.

New England.

November 17. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Letters to Colonel Dunbar and Governor Belcher.

The letters to Mr. Belcher, Governor of New England, and to Col. Dunbar, Lieut. Governor of New Hampshire, directed to be prepared the 20th of the last month, were agreed and ordered to be sent.

Barbadoes.

Naval Officer's lists.

The letter to the President of the Council of Barbadoes, about sending the Naval Officer's lists of ships, directed yesterday to be prepared, was likewise agreed and ordered to be sent, as was also

South Carolina.

Letter to the Governor.

A letter to Col. Johnson, Governor of South Carolina, ordered at the same time to be prepared.

Virginia and Maryland.

Settlement.

A memorial from Mr. Ochs, relating to the necessity of a dispatch of the representation, relating to the intended settlement behind the mountains of Virginia, was read, and ordered that the Lords Baltimore and Fairfax be desired to give their answers, as soon as possible, to the papers sent to them the 28th of the last month, with the bounds of the new intended settlement.

Antigua.

Trade, New England, French and Dutch plantations.

The Secretary then laid before the Board a representation from the Lieut. Governor, Council and Assembly of Antigua, to the Board, complaining of the trade between New England and the French and Dutch plantations, which he had received from Mr. Yeamans, agent to that Island, and the same being read, their Lordships agreed and signed a letter, for enclosing a copy thereof to the Duke of Newcastle.

Plantations General.

Recovery of debts.

Their Lordships then taking into consideration the Order in Council, read the 24th of August last, upon the petition of several merchants of London in behalf of themselves and others, complaining that, as the laws now stand, in some of His Majesty's plantations, His Majesty's subjects residing in this kingdom are left without any remedy for recovery of their just debts, or have such remedy only, as is very partial and precarious, as also the letter from Mr. Morice and several other merchants, read yesterday; they made a progress therein.

November 18. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Trade.

To the East Indies.

Sir Matthew Decker, Governor Harrison, and Mr. Boon, and some other of the directors of the East India Company attending, as they had been desired, the Board communicated to them the copy of a grant from the King of Sweden to one Koneg and Company, for carrying on a trade to the East Indies, mentioned in the Minutes of the 5th of August last, and desiring the opinion to these gentlemen thereupon, Sir Matthew Decker informed the Board, that according to some informations the Company had received, that several English and Dutch were not only concerned in that Company but that the captain and supercargo, Colin Campbell, of one of their ships, were Englishmen, as were likewise great part of their sailors; and therefore he proposed that His Majesty should recall Colin Campbell, and send directions to Mr. Finch to publish in Sweden, that the Swedish ships, concerned in that trade, will not be permitted to refresh themselves in any of the Company's ports in the East Indies, and that if any of their ships are found in our territories, all English will be taken from them, sent home and prosecuted, according to the Act of the 7th year of the late king.

Letter to the Attorney General.

These gentlemen being withdrawn, ordered that a letter be wrote to the Attorney General to know whether His Majesty can recall any subject other than a manufacturer from abroad, and what penalties His Majesty's subjects are liable to, for engaging themselves in any foreign East India Company.

Sweden, new duty.

Mr. Norris and several other merchants trading to Sweden, who were desired to be at the Board on Tuesday last, attending, their Lordships read to them the letter from Mr. Finch, His Majesty's minister at Sweden, mentioned in the Minutes of the 5th of August last, relating to a new duty of 5 per cent. imposed upon all manufactures imported there, and the merchants desired a copy thereof, that they may lay before the Board their observations and objections thereto, which was accordingly ordered.

November 17. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Virginia.

Act, recovery of debts.

Their Lordships taking again into consideration, the Order in Council, mentioned in the Minutes of the 17th inst., relating to merchants here recovering their debts in the plantations, made a progress therein, and having read an Act, passed in Virginia in 1730, entituled, An Act for ascertaining the damage upon protested Bills of Exchange, and for the better recovery of debts due on Promissory Notes, and for the assignment of Bonds, Obligations and Notes, to which they had no objection, gave directions that Mr. Wood, agent for the merchants, should be directed to attend the Board on Wednesday morning next.

November 23. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

The Board, at the desire of the Lords of the Committee, having attended them this morning, the Committee took into consideration the following reports from this Board.

Jamaica.

Act, duties on negroes.

A report, dated the 25th of August last, upon an Act, passed in Jamaica, whereby duties are laid upon negroes and convicts, and agreed thereto.

New Jersey.

Act, interest money.

A report for repealing an Act, passed in New Jersey in 1727–8, for appropriating part of the interest money paid into the Treasury by virtue of a law of that province, to the incidental charges of Government, but the Committee agreed that the Act should lie by.

South Carolina.

Mr. Purry, settlement of Protestants.

And a report, dated the 23rd of July, 1730, upon the proposal of Monsr. Purry of Neufchatel for settling 600 Protestants from Switzerland in South Carolina; but the Committee being of the opinion that the 12,000 acres to be granted to the said Purry should not be exempted from the payment of quit rent, except for the first ten years, desired the Board would alter the draught of an Instruction accordingly.

Massachusetts.

Bills of Credit.

The Lords of Committee then desired the Board would please to attend again to-morrow seven-night to hear what the agent for New England had to offer, against their report upon the two articles in the Governor's instructions concerning Bills of Credit or paper money.

Nova Scotia.

Letters from the Governor, with papers.

The following letters from Colonel Phillips, Governor of Nova Scotia, were read, and the papers, therein referred to, laid before the Board, viz:—

A letter from him to the Secretary, dated the 26th of November, 1730.

A letter from him to the Board, dated the 26th of November, 1730.
Copy of a letter from Col. Dunbar, to Col. Phillips.
Copy of Col. Phillips' answer.
A list of the persons that took the oaths.
Extract of a grant of lands in Accadie or Nova Scotia, made by the French King in 1703, to one de la Tour and his heirs, together with a Seigneury, etc., there.
Naval Officer's list of ships and vessels cleared outwards at Canso in 1703.

And their Lordships resolved to consider further thereof when Col. Phillips, now sent for home, shall arrive.

South Carolina.

Saltpetre.

A memorial from Mr. Slater, proposing a silk manufactory to be erected in South Carolina, as also the making saltpetre there, was read; ordered that he be acquainted with the Board's desire of speaking to him on Tuesday next.

Bermuda.

Salary in lieu of whale licences.

An Order of the Lords of the Committee of Council, dated the 7th of July, 1731, upon a report of the Board of Trade, relating to the payment of £100 per annum salary in lieu of the profits by whale licenses, was read, whereupon ordered that the draught of an instruction be prepared accordingly.

November 24. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Plantations General.

Recovery of debts.

Mr. Wood, agent for the merchants, attending, as he had been desired, the Board took again into consideration their memorial, mentioned in the Minutes of the 19th inst., and after some discourse with Mr. Wood thereupon, he acquainted the Board that all the merchants desired was an Act to be passed here to enable them to recover their debts in the plantations, and that in all Acts to be passed, the merchants of this kingdom may not be obliged to pay higher duties than the planters themselves.

Mr. Wood being withdrawn, the Board resolved to consider further thereof at another opportunity.

Massachusetts.

Act, pay of the members of Assembly.

Mr. Fane's report upon a matter stated to him, whether by the expiration of the Act, passed in the Massachusetts Bay in the 13th year of King George the 1st, for enlarging the pay of the members of the Great and General Court of this province, etc., mentioned in the Act, passed in 1731, in addition to an Act, entituled, An Act for ascertaining the number of and regulating the House of Representatives, the Act, passed in 1692, for ascertaining the number and regulating the House of Representatives, did not totally revive, mentioned in the Minutes of the 12th inst., being read, the Board gave directions for preparing the draught of a representation for confirming the seventeen Acts, passed in this province in 1731, read the 11th and 12th inst., and for repealing the aforementioned Act, passed at the same time.

November 25. Present:—Mr. Docminique, Mr. Pelham, Mr. Brudenell.

Barbadoes.

Perquisites.

Mr. Worseley, the late Governor of Barbadoes, attending, their Lordships had some discourse with him concerning the state of that Island, and particularly enquiring of him, what might be the annual amount of the perquisites of that Government, concerning which a letter had been wrote to him the 9th inst.; he acquainted the Board, that he never received any fees, and that the perquisites were very inconsiderable during his Government, except one ship, which he made a seizure of.

Mr. Worseley being withdrawn, the Board agreed to consider the draught of a report upon this subject at the first opportunity, for the preparing of which directions were now given.

November 30. Present:—Mr. Docminique, Mr. Pelham, Sir O. Bridgeman, Mr. Brudenell.

Jamaica.

Duties on negroes.

Mr. Scrope in behalf of the Bristol merchants, and Mr. Delafaye in behalf of the Governor of Jamaica, attending, as also Mr. Harris, Mr. Gerrish and Mr. Wood, an Order of the Committee of Council, dated the 23rd inst., upon a report of this Board relating to an Act, passed in Jamaica, for raising several sums of money, and applying the same to several uses, by which duties are laid upon negroes, and directing this Board to prepare such instructions as they shall think proper upon this subject, and likewise to prepare instructions to be sent hereupon to His Majesty's several Governors in America, was read, as also the draught of an instruction prepared accordingly, to which the merchants agreed, and a report to the Lords of the Committee was thereupon agreed and signed.

Plantations General.

South Carolina.

Saltpetre.

Mr. Slater attending, as he had been desired, the Board took again into consideration his memorial, read the 23rd inst., relating to raising saltpetre in South Carolina, and their Lordships desiring he would give the Board some proof of his being able to produce saltpetre in this province, as proposed by his memorial, and what encouragement he desired; he said that, from some experiments he had made, he could produce saltpetre from lime and common salt, but that Bay salt was best: that he could make it for about £20 per ton, and that ten men with his assistance could make about 200 ton a year: that all the encouragement he expected, was to be supported in South Carolina with ten men at 1s. per day each, until he should bring his project to perfection, which would require two years; but he not being able to give the Board any proof that he was able to produce saltpetre in the manner he proposed, the Board acquainted him that, until he could satisfy them in this respect, they could not recommend his proposal to His Majesty.

Mr. Purry, settlement of Protestants.

An Order of the Committee of Council, dated the 23rd inst., referring back to this Board the draught of additional instructions prepared for the Governor of South Carolina about settling 600 Swiss Protestants by Mons. Purry for the Board's alteration, was read, and their Lordships taking into consideration their Minutes of the 23rd inst., upon this subject, the draught of an instruction was accordingly prepared, and a report thereupon to the Lords of the Committee signed.

Footnotes