Journal, October 1750

Tuesday, October 9. Present:—Earl of Halifax, Lord Dupplin.

Plantations General.

Read the following letters and papers lately received from his Majesty's commissaries at the Court of France, viz.:—
Letters from Messrs. Shirley and Mildmay, his Majesty's commissaries at Paris, to the Board, dated 12–23rd September, 1750, inclosing the following papers, viz.:—
Mémoire de Messieurs les Commissaires de S.M., très Chrétien au sujet des limites de la Nouvelle Écosse ou l'Acadie, à Paris, 21 Septembre, 1750.
Mémoire de Messieurs les Commissaires de, S.M. Britanique au sujet des limites de la Nouvelle Écosse ou l'Acadie, à Paris, 21 Septembre, 1750.
Letter from Messrs. Shirley and Mildmay, his Majesty's commissaries at the Court of France, dated the 27th September-7th October, 1750, containing an account of their further conferences with the commissaries of the Crown of France, concerning the limits of Nova Scotia or Accadia.
Separate letter from Mr. Shirley, one of his Majesty's commissaries at the Court of France, dated the 26th September-7th October, desiring copies of several papers of which extracts only are annexed, to the state of his Majesty's right to the entire province of Accadia or Nova Scotia.

Their lordships taking those letters into consideration and being of opinion that the commissaries had in their last conferences proceeded in a manner different from the draught of their instructions prepared by this Board, and to the state of his Majesty's right to the entire province of Accadia or Nova Scotia therewith annexed, ordered a copy of the last mentioned joint letter from the commissaries to be made, to be transmitted to his Grace the Duke of Bedford, and the draught of a letter to his Grace, with the Board's observations thereupon, to be prepared.

Nova Scotia.

Mr. Kilby attending, laid before the Board a letter from Colonel Cornwallis to their lordships, dated the 7th of July last, containing advice of his having drawn upon him for £5,000 for stores, etc., for the use of the settlement; which letter having been delivered to Mr. Kilby during the recess of the Board, he acquainted their lordships that he thought it his duty to communicate the same to the Lords Commissioners of the Treasury for their directions thereupon, who had ordered payment of the money and directed him to lay the following minute before the Board, viz.:—
Whitehall Treasury Chambers.
26th September, 1750.
Present:—Mr. Chancellor of the Exchequer, Mr. Campbell, Mr. Grenville.
A memorial for £5,000 from Mr. Kilby to pay a Bill of Exchange, drawn by Governor Cornwallis for the service of Nova Scotia. My Lords ordered the same to be issued, but took notice that what was voted by Parliament was not only for the service of the current year, but in discharge of expences before incurred, and that there remained only £9,941 7s. 9d. of the whole sum voted by Parliament unissued, and ordered a copy of this minute to Mr. Kilby to lay the same before the Lords Commissioners of Trade and Plantations for their consideration.
(signed) J. West.

Nova Scotia.

Read the following letters and paper from Mr. Cornwallis, his Majesty's Governor of Nova Scotia, viz.:—
Letter from Colonel Cornwallis to the Board, dated at Halifax, the 16th of July, the 5th and 14th of August, 1750, giving their lordships an account of Bills of Exchange drawn by him on Mr. Kilby, for the service and on account of the colony.
Letter from Colonel Cornwallis to the Board, dated at Halifax, the 19th and 23rd of August, 1750, giving an account of the arrival of the Alderney with 353 settlers.
Extract of some letters found in the sloop London taken in Bay Verte by Captain le Cras, dated in August, 1750.

Ordered that a copy of the last-mentioned letter and paper be made, to be transmitted to his Grace the Duke of Bedford, and the draught of a letter to his Grace to be prepared accordingly.

Ordered that a copy of Colonel Cornwallis's letter, containing advice of the Bills drawn by him for the service of the colony, be delivered to the agent, Mr. Kilby.

Read the following letters from Mr. Dick, viz.:—
Letter from Mr. Dick, merchant, at Rotterdam, dated 25th September, N.S., 1750, in answer to one from Mr. Hill, concerning his publishing an advertisement relative to foreign protestants going to Nova Scotia.
Letter from Mr. Dick, merchant, at Rotterdam, dated the 6th of October, N.S., 1750, concerning an article in the written letter at Rotterdam to the disadvantage of the new settlement in Nova Scotia.

Ordered that the Secretary do write an answer to the abovementioned letters.

Trade.

Africa.

Read a letter from Mr. Alderman Bethel, dated the 26th July, 1750, acquainting the Board with the names of the persons chosen for Committee men of the new African Company, conformable to the Act of Parliament, passed the last sessions.

Wednesday, October 10. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin.

Plantations General.

The draught of a letter to his Grace the Duke of Bedford inclosing the copy of one from his Majesty's Commissaries at the Court of France, having been prepared, pursuant to yesterday's minutes, was laid before the Board, agreed to and ordered to be transcribed.

Nova Scotia.

The draught of a letter to his Grace the Duke of Bedford inclosing the copy of one from Colonel Cornwallis and a paper therewith received, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Plantations General.

Their lordships took into consideration the letters from his Majesty's Commissaries at the Court of France, mentioned in the preceding day's minutes, and ordered the draught of a letter to them, in answer thereto, to be prepared.

Thursday, October 11. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Townshend.

Virginia.

Read the following letters and papers from Colonel Lee, President of the Council and Commander in Chief of the Colony of Virginia, viz.:—
Read a letter from Colonel Lee, President of the Council and Commander in Chief of Virginia, to the Board, dated at Williamsburg, the 18th of October, 1749, relating to the Ohio Company and the settlement proposed to be made by them.
Letter from Colonel Lee, President of the Council and Commander in Chief of Virginia, to the Board, dated at Williamsburg, the 12th of July, 1750, inclosing the copy of a letter from Colonel Johnson to Mr. Clinton, Governor of New York (which had been sent to him by Mr. Clinton), containing an account of the French having prevailed upon some Indians to destroy the tribes in our alliance.
Account of stores of war at Williamsburg and condition of the guns in the several forts of Virginia in July, 1750.
Journal of the Council from the 8th of December, 1748, to the 7th May, 1750.

New York.

Read a letter from Mr. Clinton, Governor of New York, dated at Fort George the 30th of July, 1750, relating to his having dissolved the Assembly and called another, and acquainting the Board that several papers had been sent to Mr. Shirley relating to the king's right to lands claimed by the French.

Ordered that an extract be made of so much of the said letter as relates to the state of that Government to be transmitted to his Grace the Duke of Bedford, and also a copy of Colonel Johnson's letter to Mr. Clinton inclosed in the above letter from Colonel Lee, and the draught of a letter to his Grace for inclosing the same be prepared.

Ordered that the Secretary do transmit an extract of so much of the above letter, as relates to the papers concerning the limits of New York and the country belonging to the Indians to Mr. Shirley, one of his Majesty's Commissaries at the Court of France, and desire him, if he has received those papers, to transmit them to the Board.

New Jersey.

Read a letter from Mr. Belcher, Governor of New Jersey, dated at Burlington, the 31st of July, 1750, giving the Board an account of his having suspended John Coxe, Esquire, from the Council, and refers to the minutes of Council, herewith transmitted, for the reasons that induced him to it.
Minutes of Council of New Jersey of the 26th July, 1750, relating to the suspension of John Coxe, Esquire.

Ordered that the said letter be taken into consideration this day fortnight.

Nevis.

Read the following letters and papers from Lieutenant General Fleming, Commander in Chief of the Leeward Islands, viz.:—
Letter from Lieutenant General Fleming, giving the Board an account of his arrival at St. Christopher's and landing there on Thursday, the 14th of June, 1750.

Nevis.

Letter from Lieutenant General Fleming, Commander in Chief of the Leeward Islands, to the Board, dated at St. Christopher's, the 26th of July, 1750, containing an account of his proceedings in the administration of Government and transmitting the two following papers, viz.:—
Copy of the memorial of Wavell Smith to Governor Mathew.
Duplicate of the minutes of Council of Nevis, beginning the 17th October, 1749, and ending the 8th May, 1750.

Ordered that the Secretary do write to Mr. Mathew, Governor of the Leeward Islands, and to the agents of the said respective Islands, to desire their attendance at the Board, on Tuesday next at 12 o'clock upon the subject of the doubts which have arisen concerning the meaning of the 67th instruction to the said Governors, relating to Ecclesiastical jurisdiction.

Ordered that the Secretary do also write to Mr. Lamb to desire his attendance at the same time.

Plantations General.

The draught of a letter to his Grace the Duke of Bedford, inclosing the copy of one from his Majesty's Commissaries at the Court of France, having been transcribed, was laid before the Board and signed.

The draught of a letter to the Commissaries having been prepared pursuant to the preceding day's minutes, was agreed to, transcribed and signed.

Friday, October 12. Present:—Earl of Halifax, Lord Dupplin, Mr. Townshend.

Virginia.

Their lordships took into consideration the letters from Colonel Lee, mentioned in the preceding day's minutes, and ordered the draught of a letter in answer thereto to be prepared.

New York.

Their lordships also took into consideration the letter from Mr. Clinton, mentioned in the preceding minutes, and ordered a draught of a letter in answer thereto to be prepared.

The draught of a letter to his Grace the Duke of Bedford, inclosing the extract of one from Colonel Johnson to him, received from the President of the Council of Virginia, having been prepared, was laid before the Board, agreed to, transcribed and signed.

Trade.

Barbary.

Minorca.

Ordered that the Secretary do write to Mr. White, his Majesty's Consul to the state of Tripoli, to desire his attendance at the Board on Wednesday next upon the subject of the reference from the Lords Justices, relative to the trade to the coast of Barbary, mentioned in the minutes of the 10th of July last.

Monday, October 15. Present:—Earl of Halifax, Lord Dupplin, Mr. Townshend.

Plantations General.

Read a letter from his Majesty's Commissaries at the Court of France, dated the 10–21 October, 1750, acknowledging the receipt of the Board's letter to them, dated the 14th of September last.

New York.

The draught of a letter to Mr. Clinton, Governor of New York, in answer to one from him, having been prepared pursuant to the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Virginia.

The draught of a letter to Colonel Lee, President of the Council and Commander in Chief of Virginia, having been prepared pursuant to the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Leeward Islands.

Read a letter from Wavell Smith, Esquire, Secretary of the Leeward Islands, to the Board, dated at St. Christopher's, May 3rd, 1750, inclosing:—
His memorial to the Board with Governor Mathew's letter, dated the 28th April, 1750, with a representation of the Council and Assembly of Nevis together with some observations on the said representation.
Copy of the memorial of Wavell Smith to Governor Mathew sent and delivered to his Excellency at Antigua and transmitted by him to the Council and Assembly of Nevis, read by them the 19th of March, 1749–50, as appears by their Journals, but not entered upon record, nor did the Governor ever answer this or any other memorial of Wavell Smith's.

Agreed that this affair be taken into consideration to-morrow morning.

Tuesday, October 16. Present:—Earl of Halifax, Lord Dupplin, Mr. Townshend.

Leeward Islands.

Resolved that the consideration of General Fleming's letter relative to some doubts he is in concerning the tenour of some articles in General Mathew's instructions, as also Mr. Smith's letter and memorial, relative to the Register's Act of Nevis, appointed for this day, be postponed till Thursday next, and that the Secretary do acquaint General Mathew and the other persons ordered to attend on this day therewith.

The Secretary acquainted their lordships that he had received a letter from Mr. Lamb informing him that he could not attend the Board as directed, being confined to his house by sickness.

Virginia.

Sir William Gooch, Lieutenant Governor of Virginia, acquainted their lordships that Colonel Beverly, lately appointed of his Majesty's Council in that colony, was come over to England with an intent to stay some years and recommending Colonel Ludwell to succeed to the vacancy occasioned thereby.

Ordered that the Secretary do write to Colonel Beverly to desire he would acquaint the Board when he intends to return to Virginia.

Their lordships then had some conversation with Sir William Gooch concerning a proposal contained in a late letter from Colonel Lee, President of the Council of Virginia, for running a boundary line betwixt that province and Pennsylvania, and Sir William Gooch acquainted their lordships that he would consider the charter to the Proprietors of Pennsylvania and give their lordships his opinion upon that proposal in a short time.

Nova Scotia.

The Secretary laid before the Board the following paper left with him by Mr. Dick, before his departure for Holland, viz.:—
Memorandum from Mr. Dick, containing complaints against Mr. Charles, whom the Board has sent over to Holland to examine into the state of Mr. Dick's proceedings in transporting foreign protestants to the province of Nova Scotia.

Nova Scotia.

Mr. Charles attending, desired a copy of the said paper, which was granted to him and he was directed to lay before the Board his answer thereto in writing.

Wednesday, October 17. Present:—Earl of Halifax, Lord Dupplin, Mr. Townshend.

Nevis.

The Secretary acquainted the Board that Mr. John Sharpe, having received instructions from the Council and Assembly of Nevis to support the Register's Act of that Island, had desired leave to attend their lordships to-morrow, when that affair is to be taken into consideration.

Ordered that the Secretary do write to Mr. Sharpe, to desire his attendance at the Board accordingly.

Trade.

Minorca.

Mr. White, his Majesty's Consul at Tripoli, attending, and being desired to acquaint the Board what he knew concerning the nature and circumstances of the trade from Minorca to the coast of Barbary, he informed their lordships, that he had resided twelve years at Tunis as a merchant; that the Minorcans traded to Barbary for corn, bees wax, coral, hides, etc., and employed twenty or thirty ships from 100 to 150 tons burthen annually in the corn trade; that corn was imported cheaper into Minorca in foreign vessels than in British, because Great Britain pays 8 per cent. duty for all goods imported into Barbary and all other nations in amity with those states but 3 per cent.; that by our treaties we were to pay but 3 per cent., but having, upon a revolution of Tunis in 1735, neglected to acknowledge the reigning Dey, the treaties were not regarded as binding.

Mr. White being withdrawn, their lordships took into consideration the reference from their Excellencies, the Lords Justices, of the remonstrance of the merchants of Minorca, desiring that an order might be issued prohibiting any persons freighting vessels on the trade to Barbary, mentioned in the minutes of the 10th of July last, and having agreed to a representation to their Excellencies, the Lords Justices, thereupon, the same was transcribed and signed.

Nova Scotia.

Mr. Charles attending, laid before the Board the following paper, viz.:—
His answer to the paper given in by Mr. Dick, containing complaints against Mr. Charles.

He likewise acquainted their lordships that he denied the facts alledged against him by Mr. Dick, as set forth in the paper given in by him.

Ordered that Mr. Charles do prepare and deliver in to the Board an account of the sum due to him for his agency in Holland, according to the Board's agreement with him for that service.

Thursday, October 18. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend.

Leeward Islands.

Read the following letters and papers from General Mathew, Governor of the Leeward Islands, viz.:—
Letter from General Mathew to the Board, dated at Antigua, the 6th of January, 1749–50, transmitting the following publick papers, viz.:—
Antigua.
Minutes of Council, from the 25th of August, 1748, to the 23rd August, 1749.
An Act for laying a duty on rum and cordial waters, sold by retail, passed October 30th, 1749.
Nevis.
Minutes of Assembly, from the 27th June, 1749, to the 1st November following.
Montserrat.
Minutes of Council, from the 25th September, 1748, to the 25th September, 1749.

Leeward Islands.

Letter from General Mathew to the Board, dated at Antigua, the 8th of March, 1749–50, transmitting the two following Acts, viz.:—
An Act passed in Antigua the 4th of January, 1749–50, for laying a duty of powder and fire arms on all vessels, etc.
An Act passed in St. Christopher's the 30th of January, 1749–50, to explain and amend an Act passed in 1727, to subject all goods and commodities of the French part of the Island of St. Christopher's to the payment of 4½ per cent., etc.

Letter from Mr. Mathew to the Board, dated at Antigua, the 10th of April, 1750, transmitting:—
Two Acts passed at Antigua, one the 1st of February, 1749–50, the other the 29th of March, 1750.
Minutes of Assembly of St. Christopher's, from the 27th of April, 1749, to the 20th February, 1749–50.
Minutes of Assembly of Nevis, from the 3rd of January to the 1st of February, 1749–50.

The Secretary acquainted the Board that the reason of the abovementioned letters from General Mathew not being laid before the Board was, that the papers therein referred to were not received till very lately.

General Mathew, attending, laid before the Board the following papers, viz.:—
Representation of the Council and Assembly of Nevis to Governor Mathew, as to their Register Act and Mr. Smith, dated 10th April, 1750.
Minutes of Assembly of Antigua, from the 25th July, 1749, to the 3rd May, 1750.
Minutes of the Privy Council of Antigua, from the 25th January, 1749, to the 3rd May, 1750.
Minutes of the Council of Antigua, from the 28th January, 1749, to the 2nd May, 1750.
Minutes of the Assembly of Nevis, from the 3rd January, 1749–50, to the 1st February following.
Minutes of the Assembly of Montserrat, from the 25th December, 1747, to the 8th January, 1749–50.
Minutes of the Council of Montserrat, from the 12th October, 1749, to the 13th March, 1749–50.
Minutes of the Assembly of St. Christopher's, from the 15th November, 1749, to the 21st April, 1750.
Two Acts passed in Antigua in April, 1750.
An Act passed in Montserrat in April, 1750.

Leeward Islands.

Ordered that all the Acts abovementioned be sent to Mr. Lamb for his opinion thereon in point of law as soon as conveniently may be.

Their lordships then proceeded to take into consideration the business appointed for this day, and the Secretary acquainted the Board that he had received a letter from Mr. Wilmot, agent for Montserrat, desiring their lordships would excuse his attendance on account of his great distance from London on affairs of importance.

Mr. John Sharpe, Mr. Frye and Mr. Douglass, agents for the Islands of St. Christopher's and Nevis, attending, were called in.

General Mathew being then desired to acquaint the Board whether he did not apprehend that all Judges, Justices of the Peace, etc., in the Leeward Islands, were to be nominated with the advice and consent of the Council in each Island, he said that he apprehended they were, and that the Governor could not nominate but in that manner; that he always had observed this rule in his administration; but that, however, to prevent unnecessary delays in the appointment of Judges, etc., in the Islands where he did not reside, he generally gave the person nominated to such office a Commission, before he consulted the Council, taking care that such Commission should not be in force till the person nominated was approved and sworn in by the Council.

General Mathew was then desired to acquaint the Board in what manner the powers of the office of Ordinary, reserved to the Governor of the Leeward Islands by the 67th article of his Majesty's instructions, had been usually exercised; whereupon he observed to their Lordships, that before his administration, the Governors of the Leeward Islands had usually deputed such persons as they thought proper in the several Islands to exercise that authority, reserving to themselves the profits of the office, but that he had always given his deputation to the Commanders in Chief in each Island; whereupon their lordships observed that they thought it just and proper that such deputation should always be given to the person who exercised all other powers of Government in the absence of the Governor from any of the Islands, and that they should propose to his Majesty to give an additional instruction to his Governor to that effect.

Their lordships then proceeded to take into consideration the memorial of Mr. Smith, Secretary of the Leeward Islands, relative to the conduct of General Mathew with respect to the Register Act, passed in the Island of Nevis, in 1748; and the Board's letter to General Mathew, dated the.… upon that subject, being read, Mr. Mathew was asked if he had pursued the directions thereof, whereupon he acquainted their lordships that he had only sent an extract of that letter to the Council and Assembly of Nevis, confessing his error in not strictly complying therewith.

Leeward Islands.

Then the Act was read, as also the representation of the Council and Assembly of Nevis to Governor Mathew thereupon and Mr. Smith's observations upon that representation, together with an Act, passed in that island in the year 1710, for regulating the Secretary's fees, and Mr. Sharpe, agent for the Island of Nevis, in support of this Act, being asked what he had to offer thereupon, acquainted their lordships that notwithstanding their lordships' former determination upon this point, he hoped he should be excused in offering any arguments to induce them to alter their opinion upon reconsidering it: that the utility and benefit of the Act being out of question, he should only speak to the objection of its' being a repeal of the Act passed in the year 1710. That it appeared from the title and preamble of the Act of the year 1710 that it was not intended to give further powers to the Secretary, but to remedy a grievance arising from the Secretary's taking extravagant fees; that the 2nd clause only declares that the Secretary's office shall be an office of record, but does not give any right to the Secretary, is not compulsatory upon the king's subjects to register their deeds in it, and that a deed when recorded in it by this Act would have no force of evidence; that there was no time limited for recording such deeds, and that a deed not registered according to this Act, would be the same as if registered, and that all the Act can mean is that, if any person brings in a deed to be recorded, the Secretary shall have such a fee; that a proper Register Act usually limits the time for bringing in deeds and makes them valid in evidence.

That Acts for establishing a Register's Office had been passed in the Islands of Antigua and St. Christopher's, which had met with his Majesty's approbation and were not considered as encroachments upon the Secretary's Patent, although the present Secretary did at the time that the St. Christopher's Act was under consideration represent it in that light; that this Act, passed in 1746, does not interfere with the jurisdiction of the Secretary under the Act of 1710, but erects a new distinct office, for which reasons he hoped their lordships would be of opinion that this Act was proper for his Majesty's approbation.

The persons attending being withdrawn their lordships agreed further to consider of the several aforementioned points to-morrow morning; their lordships agreed to take into consideration at the same time an Act, passed in the Island of St. Christopher's in 1747, for raising a tax for paying the publick debts, mentioned in the minutes of.…, and the Secretary was directed to write to Governor Mathew to desire his attendance thereupon.

Trade.

Plantations General.

The Secretary having acquainted their lordships that Mr. John Sharpe had something to communicate to the Board, he was called in and informed the Board that he was desired by the merchants of London interested in and trading to the sugar colonies, to lay before their lordships the following paper, viz.:—
Memorial of the sugar planters, merchants and others, interested in and trading to the sugar colonies, relating to the illicit trade carried on from the Northern colonies to the French and other foreign sugar colonies.

Friday, October 19. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend.

St. Christopher's.

Their lordships took into consideration the Tax Act, passed in the Island of St. Christophers in 1747, and Mr. Mathew attending, as desired, was acquainted by the Board, that this Act appeared to them to be liable to objections, inasmuch as it gave a power to the Assembly jointly with the Governor and Council to examine and allow the accounts of the creditors of the publick; whereupon Mr. Mathew observed, that the Assembly, seeing precedents of the like nature in Antigua and other colonies, insisted upon the same priviledge, and it being in time of war, when the Island was defenceless for want of money, and the Assembly obstinately refusing to pass this bill without such a power, he was, for the security of the Government, necessitated to comply.

Mr. Mathew being withdrawn, their lordships took this affair into consideration as also the several points, mentioned in the preceding day's minutes, and ordered the draught of a letter to General Fleming thereupon to be prepared.

Ordered that a representation to the Excellencies, the Lords Justices, be prepared, proposing that an instruction be given to the Governor of the Leeward Islands not to grant deputations for exercising the office of Ordinary to any person on the several Islands in that Government where he does not reside, but to such as have the command in the said Islands and exercise all the other powers of Government.

Montserrat.

Ordered that the draught of a representation to their Excellencies, the Lords Justices, be prepared proposing that Benjamin Walker, James Schaw, William Musgrave, William Chambers and Edward Luther, Esquires, be appointed of his Majesty's Council in the Island of Montserrat.

St. Christopher's.

The Secretary acquainted the Board, that Mr. Russel, agent for Mr. Crooke, late one of the Council of St. Christopher's, had desired he would lay before their lordships the following paper, viz.:—
Memorial of Samuel Crooke, Esquire, of the Island of St. Christopher's, desiring to be restored to the same place and rank in the Council of the said Island, which he was entitled to, before he was superseded by Henry Brouncker, Esquire.

Ordered that the Secretary do acquaint Mr. Russel that Mr. Crooke never having presented his mandamus and having been absent from St. Christopher's for several years without licence, was the reason of his being superseded, and that he could not take his place in the Council but by a new appointment upon a vacancy, and that only as junior.

Trade.

Africa.

Read an extract of a letter from Mr. William Husbands to John Ashley, Esquire, dated at Cape Coast Castle, May 10th, 1750, relating to an attempt made upon Dixcove Fort by the natives instigated by the Dutch, and to the want of two small ships for the security of the coast.

Monday, October 22. Present:—Earl of Halifax, Mr. Fane, Mr. Townshend.

Leeward Islands.

The draught of a letter to General Fleming having been prepared pursuant to the preceding day's minutes, was laid before the Board, agreed to and ordered to be transcribed.

Leeward Islands.

The draught of a representation to their Excellencies, the Lords Justices, relating to the office of Ordinary in the Leeward Islands, having been prepared pursuant to the preceding day's minutes, was agreed to and ordered to be transcribed.

Montserrat.

The draught of a representation to their Excellencies, the Lords Justices, proposing five new councillors in the Island of Montserrat, having been prepared pursuant to the preceding day's minutes, was laid before the Board and ordered to be transcribed.

Trade.

Plantations General.

Resolved that the memorial of the sugar planters, merchants and others trading to the sugar colonies, relating to illicit trade carried on between the Northern colonies and the French and other foreign sugar colonies, be taken into consideration on Wednesday the 31st instant.

Barbados.

The Secretary laid before the Board the following papers transmitted by Mr. Grenville, Governor of Barbados, without any letter, viz.:—
List of his Majesty's Council of Barbados, certified the 25th of June, 1750.
The Treasurer's return of new negroes imported into Barbados, from the 14th of April, 1749, to the 14th of April, 1750.
The Storekeeper's return of gunpowder, from the 18th of February, 1748–9, to the 18th of August, 1749.
The Storekeeper's return of gunpowder collected into the magazine, from the 18th of August, 1749, to the 18th of February, 1749–50.
Abstract of all persons born, christened and buried in Barbados, from the 25th March, 1749 to the 25th March, 1750.
Minutes of Council, from the 16th November, 1749, to the 15th of May, 1750.
Minutes of Assembly, from the 16th November, 1749, to the 20th March, 1749–50.
An Act for rendering more effectual and for supplying many defects in the several laws of this Island for the governing of negroes, passed the 7th of August, 1749.

Ordered that the Act be sent to Mr. Lamb for his opinion thereupon in point of law.

South Carolina.

The Secretary laid before the Board the following public papers of the province of South Carolina received from Mr. Crokatt, agent for that province, viz.:—
Minutes of Council, from the 20th of November, 1746, to the 29th May, 1747.
Journal of the Upper House of Assembly, from the 20th of November, 1746, to the 4th June, 1747.
Journal of the Commons House of Assembly, from the 19th January, 1747–8, to the 28th June, 1748.
Three Acts passed at South Carolina the 1st of June, 1749.

Ordered that the Acts be sent to Mr. Lamb for his opinion thereupon in point of law, as soon as conveniently may be.

New York.

Read a letter from Richard Nevil Aldworth, Esquire, Secretary to their Excellencies, the Lords Justices, dated the 18th instant, signifying their Excellencies' directions that this Board do prepare and lay before the Council as soon as possible a state of his Majesty's province of New York, the evils which threaten it and what remedies they propose.

Nova Scotia.

The Secretary laid before the Board the following paper received with a duplicate letter from Colonel Cornwallis, Governor of Nova Scotia, dated 30th April, 1750, viz.:—
Copy of a letter from Colonel Cornwallis to Spencer Phips, Lieutenant-Governor of the Massachusetts Bay, dated at Halifax, 3rd May, 1750.

Jamaica.

Read a letter from Mr. Williams, Deputy Secretary of Jamaica, dated 7th July, 1750, transmitting a list of persons naturalized in that Island between the 1st June, 1749, to the 1st June, 1750.

Massachusetts.

Read a letter from Mr. Willard, Secretary of the Massachusetts Bay, dated at Boston, the 23rd of June, 1750, transmitting printed copies of the Acts passed by the General Assembly of that province between June, 1749, and April, 1750.

Bahamas.

Read a letter from Mr. Tinker, Governor of the Bahama Islands to the Board, dated at New Providence, the 10th of December, 1749, acquainting the Board with his having applied for leave to come to England.

Plantations General.

The Secretary laid before the Board the following copies of Orders of Council received from the clerk of the Council, viz.:—
Virginia.
Copy of an Order of Council dated the 17th of January, 1749–50, approving a representation of this Board proposing Richard Corbin, Esquire, to supply a vacancy in the Council of Virginia by the death of J. Robinson, Esquire.
Copy of an Order of Council, dated the 29th of March, 1750, approving a representation of this Board proposing William Beverly, Esquire, to supply a vacancy in the Council of Virginia by the resignation of John Custis, Esquire.
St. Christopher's.
Copy of an Order of Council, dated 29th March, 1750, approving a representation of this Board proposing the confirmation of a private Act passed in St. Christopher's in 1749.
Nevis.
Copy of an Order of Council, dated the 29th March, 1750, approving a representation of this Board proposing Charles Payne, Esquire, to be confirmed a councillor of Nevis.
Pennsylvania.
Copy of an Order of Council, dated 29th March, 1750, approving a representation of this Board proposing the confirmation of four Acts passed in Pennsylvania in February, 1748–9.
New York.
Copy of an Order of Council, dated the 11th of April, 1750, approving a representation of this Board proposing William Johnson, Esquire, to supply a vacancy in New York by the death of Philip Livingston, Esquire.
Copy of an Order of Council, dated the 11th of April, 1750, approving a representation of this Board proposing Edward Holland, Esquire, to supply a vacancy in the Council of New York by the death of Philip van Courtland, Esquire.
Newfoundland.
Copy of an Order of Council, dated the 11th of April, 1750, approving a representation of this Board with the draught of a new Commission and instructions for William Drake, Esquire, Governor of Newfoundland.
Jamaica.
Copy of an Order of Council, dated the 2nd August, 1750, approving a representation of this Board, for the confirmation of a private Act of Jamaica relating to the estate of John Moore, Esquire.
Pennsylvania.
Copy of an Order of Council, dated the 2nd August, 1750, approving a representation of this Board for the confirmation [of] two Acts passed in Pennsylvania in August, 1749.
Jamaica.
Copy of an Order of Council of the 2nd August, 1750, approving a representation of this Board proposing Henry Archbould, Philip Pinnock and Henry Moore, Esquires, to supply three vacancies in the Council of Jamaica.
New York.
Copy of an Order of Council, dated the 2nd August, 1750, approving a representation of this Board proposing that James Alexander, Esquire, may be restored to his seat and rank in the Council of New York.
Jamaica.
Copy of an Order of Council, dated the 4th October, 1750, approving a representation of this Board proposing Henry Needham, Esquire, to be of the Council of Jamaica, in the room of Thomas Rodon, Esquire, deceased.
New Hampshire.
Copy of an Order of Council, dated the 31st May, 1750, approving a representation of this Board proposing the confirmation of two Acts passed in the province of New Hampshire in 1743 and 1745.

Nova Scotia.

The Secretary acquainted the Board that he was directed by Lord Dupplin to lay before the Board the two following papers, viz.:—
Letter from Mr. Davidson, Secretary of Nova Scotia, to Lord Dupplin, dated at Boston, the 16th June, 1750, relating to the methods of supplying that colony with stores, provisions etc.
Letter from Mr. Davidson, Secretary of Nova Scotia, to Lord Dupplin, dated at Boston, the 22nd June, 1750, relating to the methods of supplying that colony with provisions, stores etc.

Plantations General.

Hudsons Bay.

Read a memorial of the Hudsons Bay Company to the Board, dated the 3rd of October, 1750, relating to the limits of their charter and containing a state of the dispute betwixt the Crowns of Great Britain and France as to the territory within their charter and enclosing:—
Draught of Hudsons Bay and the territory thereunto belonging.

Tuesday, October 23. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane, Mr. Townshend.

Virginia.

Colonel Beverley attending, in consequence of a letter wrote to him by the Board's order, was called in, and acquainted their lordships that he intended to return to the colony of Virginia and to do his duty there as one of the Council at the General Court in October next, whereupon their lordships recommended him to apply to the Secretary of State for his Majesty's leave of absence for that time.

Leeward Islands.

The draught of a representation to their Excellencies, the Lords Justices, proposing an additional instruction to be given to the Governor of the Leeward Islands, relating to the execution of the office of Ordinary, having been transcribed pursuant to the preceding day's minutes, was laid before the Board and signed.

Montserrat.

The draught of a representation to their Excellencies, the Lords Justices, proposing five persons to be appointed of the Council of Montserrat, having been transcribed pursuant to the preceding day's minutes, was laid before the Board and signed.

Leeward Islands.

The draught of a letter to General Fleming, having been transcribed pursuant to the preceding day's minutes, was laid before the Board and signed.

North Carolina.

The Secretary laid before the Board the following papers received from Mr. Abercromby, agent for the province of North Carolina, viz.:—
The answer of Gabriel Johnston, Esquire, Governor of North Carolina, to the memorial of Henry McCulloch.
Depositions and other original papers in support of Governor Johnston's answer to Mr. McCulloch's complaint against him.
Copy of Mr. Abercromby's letter to the Secretary of the Lords of the Treasury, dated the 25th June, 1750.

Ordered that the Secretary do write to Mr. McCulloch, to acquaint him that the Board have received Governor Johnston's answer to his complaint against him, and to desire to know if he is prepared to be heard thereupon.

Wednesday, October 24. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane, Mr. Townshend.

South Carolina.

Their lordships took into consideration the two last letters received from Mr. Glen, Governor of South Carolina, and after some time spent therein agreed further to consider thereof to-morrow morning.

Thursday, October 25. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

South Carolina.

Their lordships took into consideration the letters from Mr. Glen, Governor of South Carolina, mentioned in the preceding day's minutes, and made a further progress therein.

Ordered that the Secretary do write to Mr. Crokatt, agent for the province of South Carolina, to desire his attendance at the Board to-morrow morning.

New Jersey.

Ordered that the consideration of Mr. Belcher's letter relating to the suspension of John Coxe from his seat in the Council, appointed for to-day, be postponed untill Friday, November the 2nd.

Friday, October 26. Present:—Earl of Halifax, Lord Dupplin, Mr. Fane, Mr. Townshend.

South Carolina.

Read Mr. Lamb's report upon an Act, passed in South Carolina the 12th February, 1719, for regulating the Courts of Justice, dated the 30th May, 1750.

Their lordships taking the said Act into consideration were of opinion that the same could not be deemed and taken to be a law in force, having been illegally passed by the Assembly, when the people had usurped the power of Government, and without the consent of the other branches of the Legislature.

Read Mr. Lamb's report upon twenty-four Acts passed in South Carolina between February, 1746, and June, 1748, dated 28th January, 1749–50.

Their lordships took the said Acts into consideration and having made some progress therein agreed further to consider thereof on Wednesday next.

Plantations General.

Ordered that the consideration of the merchants' memorial relating to the illicit trade carried on between the Northern colonies and other foreign settlements, appointed for Wednesday next, be postponed to Friday, November 2nd.

South Carolina.

The Secretary acquainted the Board, that Mr. Crokatt, agent for South Carolina, who was wrote to to attend on this day, was out of town and would not return till next week.

Wednesday, October 31. Present:—Mr. Grenville, Lord Dupplin, Mr. Fane, Mr. Townshend.

North Carolina.

Read a letter from Mr. McCulloch to the Secretary, dated the 29th October, 1750, acquainting him that by his latest advices from his agents in North Carolina, Mr. Johnston had not served them with a copy of his answer to his memorial or the evidences taken thereon, and had also refused the seal being put to the evidence taken in support of the charge; but that he had directed the papers to be sent over by his agents forthwith, and as soon as he received them, he should attend the Board therewith.

South Carolina.

Their lordships made a further progress in the consideration of the Acts passed in the province of South Carolina in 1747 and 1748.

Ordered that the draught of a representation to his Majesty upon the said Acts be prepared.

New York.

Their lordships took into consideration two letters from Mr. Aldworth, Secretary to the Lords Justices, mentioned in the minutes of the 22nd instant, and ordered a state of the affairs of that province since Mr. Clinton's administration to be forthwith prepared.