Journal, April 1752
Volume 60

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Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1932

Pages

296-310

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'Journal, April 1752: Volume 60', Journals of the Board of Trade and Plantations, Volume 9: January 1750 - December 1753 (1932), pp. 296-310. URL: http://british-history.ac.uk/report.aspx?compid=81853 Date accessed: 29 July 2014.


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Journal, April 1752

Tuesday, April 14. Present:—Earl of Halifax, Mr. Grenville, Mr. Oswald.

Miscellanies.

Plantations General.

Trade.

Read a letter from the Earl of Holdernesse, dated the 30th of March, 1752, inclosing a copy of his Majesty's Order in Council of the 11th of the said month containing regulations with respect to his Majesty's colonies in America and elsewhere and also the copy of a letter from him to the Governors of the said colonies thereupon and signifying his Majesty's pleasure in what manner the said Order should be observed.

Virginia.

Read a letter from the Earl of Holdernesse, dated the 26th of March, 1752, signifying that his Majesty has been graciously pleased to remit a fine imposed in Virginia upon John Sparkes, a youth, for an assault upon the highway.

Ordered that the draught of a letter to the Lieutenant-Governor of Virginia signifying his Majesty's pleasure in the remission of the said fine be prepared.

Wednesday, April 15. Present:—Earl of Halifax, Mr. Grenville, Mr. Oswald.

Leeward Islands.

Read a letter from General Mathew, Governor of the Leeward Islands, dated the 10th instant, in answer to one from Mr. Hill relating to some points in Governor Purcell's letter to the Board, which Governor Mathew prays their lordships would give him time to explain when he returns to his government.

North Carolina.

Read a letter from Mr. Johnston, Governor of North Carolina, to the Board, dated at Edenton, the 3rd September, 1751, relating to the present state of the Council in that province and recommending two gentlemen to supply vacancies therein.

Their lordships took into consideration the state of his Majesty's Council in the province of North Carolina, and it appearing that there were only three persons appointed by his Majesty of the said Council now remaining upon the list, their lordships ordered the draught of a representation to their Excellencies, the Lords Justices, to be prepared proposing that James Hassell, James Innes, John Rutherford, Francis Corbin, John Swan, John Dawson, James Craven, Lewis de Rosset and John Rieusset, Esquires, may be appointed of the said Council.

Read a letter from Mr. Johnston, Governor of North Carolina, to the Secretary of this Board, dated at Edenton, the 16th September, 1751, in answer to one from him relating to a neglect in not transmitting the publick papers required by his instructions.
Minutes of Council of North Carolina from the 26th March to the 3rd April, 1751.

Jamaica.

Read a letter from the Earl of Holdernesse, dated the 28th March, 1752, inclosing a copy of the address of the House of Commons to his Majesty desiring that his Majesty would give directions to the Board to prepare and lay before Parliament at their next meeting a state of the Island of Jamaica.

Ordered that the Secretary do transmit a copy of the said letter and address to his Majesty's Governor of Jamaica and desire him to transmit a full and exact account of the state of the Island, relative to the particulars mentioned in the said address.

Plantations General.

Read a letter from Messrs. Shirley and Mildmay, his Majesty's Commissaries at Paris, dated 1–12th April, 1752, in answer to one from the Board relative to some expressions which the French Commissaries object to in their answer to the French memorial concerning Santa Lucia.

Ordered that the Secretary do apply to the Secretary to the Earl of Holdernesse to desire that the memorial mentioned in the Commissaries' letter may be transmitted to this Board.

Trade.

Africa.

Read a letter from Mr. Clevland, Secretary to the Lords Commissioners of the Admiralty, dated the 14th instant, to the Secretary, in answer to his letter of the 15th January last concerning the misbehaviour of the captains of his Majesty's ships on the coast of Africa.

Nova Scotia.

Read a letter from Mr. Clevland, Secretary to the Admiralty, dated the 14th instant, to the Secretary of this Board, acquainting him, for their lordships' information, that the Torrington man-of-war will sail directly for Nova Scotia, and that the Jason will follow some time next month.

Virginia.

The Secretary laid before the Board the following paper which was read, viz.:—
Some additions to the accounts sent from Virginia concerning the extent and limits of that colony, and the encroachments that have been made upon it.

Read a letter from Mr. Scrope, Secretary to the Lords Commissioners of the Treasury, dated 20th of November, 1751, transmitting for the information of this Board
Report of the Commissioners of his Majesty's Customs, dated 14th November, 1751, on two Acts passed in the colony of Virginia for amending the staple of tobacco, etc.

Ordered that a copy of the said report be transmitted to the Lieutenant-Governor of Virginia and that he be directed to recommend the passing another law not liable to the objection mentioned therein.

The Secretary laid before the Board the two following papers received from Virginia without a letter, viz.:—
Bond given by Samuel Ogle, Esquire, Lieutenant-Governor of Maryland, and his sureties for his observing the Acts of trade and navigation. Dated the 15th of October, 1751.
Minutes of Council from the 8th December, 1748, to 29th August, 1751.
Naval Office lists of ships and vessels entered and cleared in the several ports of Virginia.

The Secretary laid before the Board An Act for settling the titles and bounds of lands, passed in Virginia, transmitted to the Lords Commissioners of the Treasury for their consideration and returned without any report thereupon.

Ordered that the said Act be transmitted to the Right Honourable Horatio Walpole, Esquire, Auditor of his Majesty's Revenue in America, for his opinion thereupon.

Newfoundland.

Read a letter from Otho Hamilton, Esquire, LieutenantGovernor of Placentia, to the Board, dated the 11th of May, 1751, relating to a complaint made against him for seizing the lands of an officer for a debt due to the regiment.

Massachusets.

Read an Order of the Lords of the Committee of Council for Plantation affairs referring to the consideration of this Board eighteen Acts passed in the province of the Massachusets Bay in October, January and February, 1750, and April, 1751; and also ten more Acts passed in June and July, 1751. Dated the 19th of March, 1752.

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

Thursday, April 16. Present:—Earl of Halifax, Mr. Grenville, Mr. Fane, Mr. Townshend, Mr. Oswald.

Trade.

Their lordships being informed that Messrs. T. Hanbury, Touchitt, Tomlinson, Thrale, Stirling and others were attending and had something to offer to the consideration of the Board, they were called in and Mr. Stirling acquainted the Board that what they had to offer related to a proposal of the merchants for opening a trade to the country called Terra-Labrador in North America for furs, etc., in which they humbly hoped for the sanction and assistance of this Board.

Mr. Touchitt then acquainted the Board that the view of their attendance was to desire the assistance of the Board in procuring a grant for an exclusive trade upon that coast, which Mr. Stirling had represented to them as indisputably belonging to the Crown of Great Britain and that he informed them that a very valuable trade for furs, whale fins, fish and masts might be opened there.

Mr. Stirling then acquainted their lordships that the Eskimeaux Indians who inhabit this country are at perpetual war with the Canada and other French Indians and if they were to be engaged in our alliance and supported by our assistance they would soon put a total stop to the incursions of the said French Indians into our settlements.

Mr. Stirling being asked if he had ever heard of any English going upon that coast, he said he had heard that one Captain Wilson was there some years ago, that himself had been there since that, but found the natives shy and unwilling to trade and pointed to them to leave the coast; being asked if he had ever heard that the Hudsons Bay claimed this coast as their right he said he never had and that it was not mentioned in the charter, but that such an opinion had prevailed so as to discourage the making any settlement.

The gentlemen being desired to explain themselves more fully as to the nature of their application to the Board for procuring them a grant, Mr. Tomlinson said that he apprehended all they had to ask was whether the Board had any objection to their solliciting a grant of this country; being asked as to the nature and extent of the grant they proposed to apply for, they said it was an exclusive grant of the whole coast from the Streights of Belle Isle to Hudsons Streights attended with a reservation of the right of his Majesty's other subjects or any foreign power which should be in actual possession at this time as is usual in such grants.

Whereupon the merchants were ordered to withdraw and their request being taken into consideration their lordships, after some time spent therein, ordered them to be again called in, when their lordships acquainted them that they could not have any objection in a commercial light to their making application for leave to open a trade of so much consequence and value to this kingdom; but that the Board reserved to themselves the consideration of any other circumstances which might occur, and if it should hereafter be found that any either of a publick nature or of private right interfered with this proposal they would be matters of distinct consideration and must in the course of this affair be discussed at a proper time and in a proper place.

That as to an exclusive grant the experience of the many inconveniences attending such grants more particularly in the case of the Hudsons Bay Company, makes it a matter at least of great doubt and difficulty: that altho' nobody suspected any intention in the gentlemen present of making an ill use of such grant, yet a more limited grant would be less liable to the objections which the Board could not but have to an exclusive one.

The merchants having acquainted the Board that they should consider of proposing proper limitations they withdrew.

Nova Scotia.

Their lordships took into consideration a draught of instructions for Colonel Hopson appointed Governor of Nova Scotia, ordered to be prepared by the minutes of the 13th of March, and made some progress therein.

Ordered that the said draught of instructions be taken into further consideration to-morrow morning and that the Secretary do write to Mr. Hopson to desire his attendance.

Friday, April 17. Present:—Earl of Halifax, Mr. Grenville, Mr. Townshend, Mr. Oswald.

Nova Scotia.

Their lordships pursuant to yesterday's minutes, took into consideration the draught of instructions for Colonel Hopson, and Colonel Hopson attending, as desired, was called in and the instructions were read, agreed to and ordered to be transcribed, as also those relating to the Acts of Trade and Navigation, and the draught of a representation thereupon to their Excellencies, the Lords Justices, was ordered to be prepared.

Tuesday, April 21. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Oswald.

Nova Scotia.

Their lordships took into consideration the affairs of his Majesty's province of Nova Scotia, and Colonel Hopson attending their lordships had some conversation with him thereupon, and the following observations and directions were ordered to be entered upon the journal of this day.

That as the present state of the Grant of Parliament for the settlement of this province would not admit of carrying on many publick works, it was recommended to Mr. Hopson to carry on such only as might be absolutely necessary for the security of the settlement; that it would be proper, however, to compleat the fortifications on George's Island, if not already done, and erect batteries on the points of land which secure the entrance of the harbour of Chebucto; but that it would be impossible to go farther in these or any other works than the labour of the foreign protestants who were to work out their passage would carry him.

That as by his instructions he was directed to issue money to the settlers in lieu of provisions at the expiration of the contract or when the provisions in store shall be exhausted it was recommended to him to pay them weekly and to take the opportunity of the settlers being assembled upon that occasion to instruct them in the use of arms and military exercise to the end that a useful militia might be formed as soon as possible which would add great security to the province.

That as the allowing of money in lieu of provisions would be a great saving to the publick he was desired to use his best endeavours to inculcate a disposition (as far as it can be done consistently with prudence and a proper regard to the service) in the troops in or near Halifax to be put upon the same foot as the settlers in that respect and to give the Board from time to time an account of his proceedings upon this point, with his opinion how far it may be practicable; and in the meantime he was directed to take particular care that the provisions given the soldiers were not sold or wasted and to appoint proper officers to inspect their messes as is usually done in garrisons and other places where troops are stationed. It was likewise recommended to Colonel Hopson to take care that none but effectives were victualled and that the abuses and irregularities mentioned in the Board's letter to Colonel Cornwallis, dated the 6th of March last, which was read to him relative to the manner of making out lists or certificates should be looked into and redressed, and enquiry made how far the intended check on Mr. Baker's contract is kept up, and whether he is or is not really paid for more provisions than he delivers; that none of the officers belonging to or employed by the Ordnance should be allowed provisions and that if it was necessary to allow the officers of the regiments firewood over and above their allowance of provisions it should be done in the most frugal manner possible.

It was also recommended to Mr. Hopson to enquire strictly into the conduct of those who had been entrusted with the management of the stores and provisions and make his report to the Board.

Their lordships then observed to Mr. Hopson that as no provision was made in the Grant of Parliament for Gorham's Company of Rangers which by the last return appeared to be ineffective, it would be proper he should immediately discharge that company if not already done, and that it was to be wished that the rest of the Rangers could be dismissed consistent with the good of the Service, the Board never having had any account of their utility or any instances of their service.

It was further recommended to Mr. Hopson to give all possible encouragement to the clearing of land, to take care that the grants were properly and duly registered agreeable to his instructions and an abstract of the register transmitted to the Board. It was then observed to Mr. Hopson that in the forms of the grant prepared here there was a clause that no alienation of land should be made for a term of years from the date of the grant without the Governor's leave, which term was left to his discretion to determine, that this clause was inserted to prevent idle persons who had been transported at the publick expense, selling their land in a short time for trifling considerations and deserting the province, and also to prevent the purchase of their grants by Roman Catholicks which in the circumstances of that province would be of very bad consequence; and then he was desired to take care not to grant licences of alienations to persons who from a want or desire of deserting the settlement make collusive sales of their land before they cultivate it, nor to any persons unless the purchaser shall take the oaths of allegiance, supremacy, and abjuration previous to the granting such licence.

It was further observed to him with regard to the form of passing their grants that it would be proper that the printed form when executed should be indented at top and what is cut off marked with the name of the grantee, the number of acres and the boundaries of the land and that it should be preserved as a tally or check in order to prevent fraud.

It was further recommended to Colonel Hopson to take care that no person should leave the province without giving publick notice thereof at least ten days before his departure, and such notice to be affixed up in some publick place, and that all persons leaving the province should deliver up the arms, tools, etc., allowed them by the publick. Colonel Hopson was also directed not to give leave to any of the French inhabitants to quit the province upon any pretence whatever and to endeavour to prevent their deserting to any settlements which may be attempted to be made by the French at the Isthmus or at any other place.

It was further recommended to Colonel Hopson to use all possible means to prevent and discourage the excessive drinking of rum and strong liquors which could not but prove of very fatal consequence to the settlers and troops, and not to suffer any one to retail it without a licence, a regulation which had been represented to be of great utility.

It was further recommended to Colonel Hopson to endeavour to prevent and restrain all illicit trade whatever and more particularly that which is carryed on with the French at Louisbourg, to the great disadvantage of the trade of this kingdom; he was also desired not to give encouragement to the working the colliery in that province which might prevent the clearing of land and is not consistent with the practice of policy observed by this country in relation to its' colonies, as the use of coals in America would furnish the people with the means of carrying on a variety of manufactures, the raw materials of which we now receive from them and afterwards return manufactured.

Mr. Hopson then observed to their lordships that as it had been found necessary that Colonel Cornwallis should have two aids du camp, it would be proper that the same establishment should be made with respect to him, and therefore he desired to know in what manner the said aids du camp should be provided for. Whereupon their lordships acquainted Mr. Hopson that this was an affair not within their lordships' province, that the allowance made to Colonel Cornwallis's aids du camp out of the wet stores had not been with the approbation or consent of this Board, but on the contrary was considered as highly improper and that no allowance could be made out of the Civil Establishment for this service.

Ordered that the agent for the settlement of Nova Scotia do provide 200 tents and such a quantity of tools and other necessaries, as shall be judged proper in order to be transported to the said province for the use of the settlers.

Ordered that Colonel Hopson have copies of the following papers, viz.:—
Memorial of Right to Nova Scotia.
Order of Council relating to the Board.
Lord Holdernesse's letter.
Copy of additional instruction.
Copies of all correspondence between Colonel Cornwallis and the French Governor of Louisbourg and Canada on the French inhabitants of Nova Scotia.
An abstract of his instructions referring to each article in the margin of an office draught.
An account of Mr. Dick's expences.
Copy of Colonel Cornwallis's declaration in answer to the letter from the French inhabitants, dated 1st August, 1749
Copy of a letter to Colonel Cornwallis from the Commandant at St. John's, 9th July, 1749.
Letter from French inhabitants, dated 7th September, 1749, and Governor's answer.
Governor Cornwallis's letter to Mr. Desherbiers.
Governor of Louisbourg's, dated 21st September, 1749.
Desherbiers' answer.
Mr. de la Jonquier's letter to Colonel Cornwallis, dated 28th October, 1749.
Colonel Cornwallis's answer.
List of bills drawn by his Excellency, Governor Cornwallis, on Christopher Kilby, on account of the colony of Nova Scotia for the months of November and December, 1751.
An account of money paid and charges incurred by supporting and maintaining his Majesty's colony of Nova Scotia from 1st December, 1750, to 31st October, 1751.
An estimate of the charges of supporting and maintaining the settlement of Nova Scotia for the year 1752.

The draught of a letter to the Lords of the Treasury inclosing a copy of that part of Colonel Hopson's instructions which relates to the allowance of money to the settlers in lieu of provisions having been prepared, was laid before the Board, agreed to and ordered to be transcribed.

Massachusets.

The draught of a letter to Mr. Phips, Lieutenant-Governor of the Massachusets Bay, in answer to one from him having been prepared pursuant to the minutes of the 19th March, was agreed to and ordered to be transcribed.

Wednesday, April 22. Present:—Earl of Halifax, Mr. Pitt, Mr. Grenville, Lord Dupplin, Mr. Fane.

Leeward Islands.

Read a letter from General Mathew, Governor of the Leeward Islands, dated the 22nd of April, 1752, desiring the Board's commands before he embarks for his government.

Resolved that the Board do to-morrow take into consideration the state of affairs relative to the government of his Majesty's Leeward Islands.

Jamaica.

Ordered that the address of the Legislature of the Island of Jamaica to his Majesty praying that the Instruction to the Governor of the said Island relative to the not taxing absentees in a greater proportion than residents, (fn. 1) be taken into consideration on Tuesday next; and that the Secretary do write to Mr. Sharpe, agent for the said Island, and to Mr. Paris, agent and solicitor for the absentees, to acquaint them therewith and to desire their attendance at the Board.

North Carolina.

The draught of a representation to their Excellencies, the Lords Justices, proposing nine persons to be appointed of the Council of North Carolina, having been prepared pursuant to the minutes of the 15th instant, was laid before the Board, agreed to and ordered to be transcribed.

Nova Scotia.

Their lordships took into consideration a memorial of Mr. Kilby, agent for the settlement of Nova Scotia, to the Lords of the Treasury praying that a sum of money might be issued to him for the discharge of bills of exchange drawn upon by Colonel Cornwallis, Governor of the said province, for the service and on account of the said settlement, which memorial their lordships approved of and ordered Mr. Kilby to present the same to the Lords Commissioners of the Treasury for their lordships' directions thereupon.

Thursday, April 23. Present:—Earl of Halifax, Mr. Grenville, Lord Dupplin, Mr. Townshend, Mr. Oswald.

Trade.

Their lordships being informed that Messrs. Hanbury, Tomlinson, Touchitt, and others were attending and had something to offer to the Board relative to the proposal of opening a trade to Terra Labrador, mentioned in the minutes of the 16th instant, they were called in.

Mr. Tomlinson acquainted their lordships that having had a meeting since they last attended the Board, they had drawn up a paper in writing relative to this proposal which they begged leave to lay before the Board, viz.:—
Proposals of Messrs. Hanbury, Tomlinson, Touchitt and other merchants of London for opening a trade to Terra Labrador in North America.

The said paper having been read and also the minutes of the answer given to the merchants on the 16th instant, their lordships observed to them that they had already informed them that they could have no objection in a commercial light to their application for opening so valuable a trade, but that they could not but have objection to an exclusive grant; that although the proposal as it now stood is for an exclusive grant for 63 years only, yet as far as it goes is liable to the same objection; that there were very few causes which could justify exclusive grants; that it was even a doubt whether the Crown could make such grants, and therefore it was worth their consideration whether such an application as is proposed can from the nature of it being for an exclusive trade be attended with success; that it had been stated as an objection to the Hudson's Bay Charter that it was not confirmed by Parliament; that their lordships could have no objection, however, to their application reserving to themselves the consideration of these and any other circumstances in case those to whom the application should be made thought proper to refer their proposals to the Board, and therefore could not give any further opinion upon them at present.

Whereupon the merchants observed that unless something of this sort was granted the country would lye useless, and Mr. Hanbury said that his opinion was that the term should have been for ninety nine years, as the longer the term was the more likelyhood there would be of the proposal being carried into execution with effect and to the publick advantage; that as to the land it was not an object of consideration nor could such a grant prejudice the Hudson's Bay Company any otherways than by introducing a greater quantity of furs.

Upon which their lordships acquainted them that the Board had no other regard to the Hudson's Bay Company in this affair than that in case any claim of territory or other right should be made by them the Board reserved to itself the future consideration thereof.

Leeward Islands.

The merchants being withdrawn their lordships took into consideration the state of affairs relative to the government of his Majesty's Leeward Charribbee Islands and ordered the Secretary to write to Governor Mathew to desire his attendance at the Board on Monday morning.

Nova Scotia.

The draught of a representation to their Excellencies, the Lords Justices, inclosing the draughts of general instructions and of those which relate to the Acts of Trade for Colonel Hopson, Governor of Nova Scotia, having been prepared pursuant to the minutes of the 17th instant, was laid before the Board, agreed to, transcribed and signed.

Monday, April 27. Present:—Earl of Halifax, Lord Dupplin, Mr. Oswald.

Leeward Islands.

Their lordships pursuant to the minutes of Thursday last, took into further consideration the state of affairs in the government of the Leeward Islands and Mr. Mathew, Governor of the said Islands, attending as desired, and also Mr. John Sharpe, agent for the Island of Antigua, they were called in and Mr. Sharpe being asked what he had to offer, he acquainted the Board that he was directed by his Constituents, the Council and Assembly of Antigua, to represent to their lordships the present distressed situation of that Island arising from no Supply Acts having been passed lately there on account of a letter from this Board to the Lieutenant-General directing him not to give his assent to any law whereby the Assembly should be joined with the Council in examining and ascertaining publick accounts; that he was directed to urge that the practice of the Assembly's examining and ascertaining the publick accounts jointly with the Council had been antient and unvariable usage, and that it was not contrary to the King's instructions; that as to first point it appears by an Act passed in 1668 for levying a publick tax and which, as he was instructed had been confirmed by the Crown, that one of the Assembly was joined with the Governor and Council in issuing orders for the payment of publick money; that in the year 1715 an instruction was given to the issuing of the publick money by warrant from the Governor only with the advice and consent of Council, yet after much dispute it did appear that the Assembly still continued to join with the Governor in the issuing publick money; that in the year 1718 upon a letter from the Board of Trade requiring the Governor to adhere to this instruction the Assembly did agree to yield the priviledge of the Speaker's countersigning the order for payment of money, reserving the priviledge of examining and passing the accounts, and that the Governor assured them by letter that no order should issue for money untill they had passed the accounts; that the method of the Assembly's examining and ascertaining had continued invariably down to the present time whereby the prerogative was free from encroachments, and the rights of the people at the same time preserved without any instance of the Assembly's negativing an account or any dispute or disagreement being occasioned by it.

That this was not contrary to the instruction as the disposal of publick money remained still in the hands of the Governor and Council according to the said instruction, and the Assembly were thereby allowed to view and examine the publick accounts; that according to this method no misapplication could happen, and that this was the only way to prevent it; that the Assembly in case of misapplication could not impeach or call a Governor to account, and although they might lodge a complaint at home against a Governor in such a case, yet such complaint could only terminate in a removal.

Upon inspecting the printed laws of Antigua the Act of 1668 referred to by Mr. Sharpe did not appear to have been confirmed by the Crown and Mr. Sharpe being asked if he had a copy of the letter mentioned by him to have been sent by the Governor to the Assembly in the year 1718 he said he had not.

There being no application at present for the altering of the instruction Mr. Sharpe was desired to speak more fully as to that point whether the practice and claim of the Assembly could be reconciled to the instruction, whereupon he observed that the instruction sets forth that the Assembly might be permitted to view and examine accounts of money disposed of by virtue of laws made by them, by which he did not apprehend was meant money disposed of by the Governor's order previous to their examining the accounts; but if the instruction did admit of a doubtful construction it was to be explained by the uninterrupted and constant usage, and therefore he hoped that as there was no instance of misbehaviour in the Assembly or dispute with respect to this point, the privilege might be continued to them.

Whereupon their lordships observed that according to Mr. Sharpe's construction, the instruction would be inconsistent with itself, for as by the former part of it, the Governor is directed that no money should be issued otherways than by his warrant with the advice of the Council; if the Assembly were allowed to ascertain and pass the accounts previous to such disposition that power of the Governor would become entirely useless and subservient to the Assembly, and therefore the latter part of the instruction to be consistent with the former could only mean to give the Assembly a power of examining the accounts of money disposed of after such disposition had been made which is a sufficient and proper check upon the Governor and Council in whom the power of such disposition is vested.

Mr. Sharpe being withdrawn their lordships were of opinion that the claim of the Assembly of Antigua and St. Christophers of joining with the Governor and Council in the examining and passing publick accounts previous to the disposal of money was plainly contrary to the tenor of his Majesty's thirty-sixth instruction, and it was recommended to Mr. Mathew to adhere to the said instruction and not to give his assent to any Act or Acts in any of the Islands under his government contrary to the true intent and meaning thereof.

Their lordships upon consideration of the evils upon which complaints have been made by the merchants interested in and trading to the sugar colonies of the desertion of the inhabitants of the said colonies to foreign islands and settlements and of the illicit importation of foreign sugars into the British colonies, earnestly recommended to Mr. Mathew to take the most effectual measures consistent with law to discourage and prevent such desertion and to endeavour to obtain laws in each of the Islands under his government for the more effectual preventing the illicit importation of foreign sugars into such Islands and to give the Board the fullest information of whatever has or shall come to his knowledge with respect to such illicit trade.

Mr. Mathew having observed to their lordships that several of his instructions were liable to objection or otherways useless and improper, he was directed to consider his said instructions with due attention and to transmit to the Board his opinion of such parts of them as shall appear to him improper, useless or liable to objection together with his reasons for such opinion by the first opportunity.

Their lordships further directed Mr. Mathew to transmit to them with all convenient speed his answer to the queries contained in a letter to him from the Secretary, dated the 11th of March last, relative to the Virgin Islands together with an account of the names and characters of the persons appointed to be his Majesty's Council in the said Islands and also a particular state of the said Islands with respect to grants of lands.

Mr. Mathew being withdrawn the Secretary laid before the Board the draught of a circular letter to the Governors of his Majesty's colonies more immediately under his Majesty's government inclosing two additional instructions from their Excellencies, the Lords Justices, one relating to the future conduct of Governors in America with respect to the correspondence pursuant to his Majesty's Order in Council of the 11th of March last; the other relating to a revisal of the laws, and also the draught of a letter to the Lieutenant-Governor of Maryland and one to the Governor and Company of Rhode Island and Connecticut, inclosing instructions from their Excellencies, the Lords Justices, directing them to transmit an authentick copy of the laws in force within the said colonies; and the said draughts having been agreed to were ordered to be transcribed.

Massachusets.

The draught of a letter to the Lieutenant-Governor of the Massachusets Bay, in answer to one from him having been transcribed pursuant to the minutes of the 21st instant, was laid before the Board and signed.

Nova Scotia.

The draught of a letter to the Lords Commissioners of the Treasury, having been transcribed pursuant to the minutes of the 21st instant, was laid before the Board and signed.

North Carolina.

The draught of a representation to their Excellencies, the Lords Justices, proposing the appointment of nine Councillors in the province of North Carolina having been transcribed pursuant to the minutes of the 22nd instant, was laid before the Board and signed.

Tuesday, April 28. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Townshend.

Jamaica.

The consideration of the address of the Assembly of the Island of Jamaica relative to the taxing absentees in a greater proportion than residents appointed for this day was put off till Tuesday next when the parties concerned were desired to attend.

Plantations General.

The draught of letters to the Governors of his Majesty's colonies and plantations in America inclosing their Excellencies', the Lords Justices, instructions relative to their future correspondence and to the revisal of the laws, having been transcribed, were laid before the Board and signed.

Leeward Islands.

Virgin Islands.

Their lordships took into consideration a letter from Mr. Purcell, Lieutenant-Governor of the Virgin Islands, relative to the state of the said Islands mentioned in the minutes of the —instant and ordered the Secretary to write an answer thereto.

Wednesday, April 29. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Oswald.

New Hampshire.

Read the following letters and papers received from Mr. Wentworth, Governor of the province of New Hampshire, viz.:—
Letter from Mr. Wentworth, dated the 23rd March, 1750–1, giving the Board an account of the boundaries and situation of that province and transmitting the following publick papers, viz.:—
Copy of a deed from John Tufton Mason to Theodore Atkinson, Esquire, dated 30th July, 1746.
Copy of a deed from John Tufton Mason to Theodore Atkinson, Esquire, dated 30th September, 1749.
Message from Governor Wentworth to the Assembly of New Hampshire, dated 28th September, 1750.
Copy of a message from the Assembly of New Hampshire, dated 3rd October, 1750, to Governor Wentworth, in answer to his message of the 28th September.
Copy of a message from Governor Wentworth to the Assembly of New Hampshire, dated the 4th of October, 1750.
Copy of a paragraph in King Charles II.'s Commission to Edward Cranfield, Esquire, Lieutenant-Governor of New Hampshire.

Letter from Mr. Wentworth to the Secretary of this Board, dated 23rd November, 1751.
Letter from Mr. Wentworth, Governor of New Hampshire, to the Board, dated the 25th November, 1751, transmitting the following papers, viz.:—
Governor Wentworth's answer to the Board's general queries.
Copy of the Triennial Act under the Seal. Passed April 27th, 1728.
Treasurer's accounts of New Hampshire for the year 1742.
Ditto for the year 1743.
Ditto for the year 1744.
Receiver General of the Powder Money, his quarterly accounts from the 25th March, 1748, to the 25th March, 1751. No. 1 to 11 inclusive.
Minutes of Council in Assembly from the 2nd December, 1746, to the 30th of March, 1750.
Naval officer's lists of ships entered and cleared from the 25th March, 1749, to the 24th June, 1751.

Resolved that the state of affairs in his Majesty's province of New Hampshire be taken into consideration to-morrow morning.

New Jersey.

Read a letter from Mr. Belcher, Governor of New Jersey, to the Board, dated the 7th March, 1752, acquainting them with the Assembly's having passed an Act for support of government.

Pennsylvania.

Read a letter from Mr. Attorney General to the Secretary, dated 29th April, 1752, desiring a copy of the charter of Pennsylvania and other information to enable him to give his opinion upon the case and queries relating to the power of the Crown to send instructions to the Governor of that province.

Ordered that the Secretary do transmit to his Majesty's Attorney and Solicitor General all such lights and information relative to the points mentioned in the said letter as can be found in this office.

Thursday, April 30. Present:—Earl of Halifax, Mr. Pitt, Lord Dupplin, Mr. Townshend.

New Hampshire.

Their lordships pursuant to the preceding day's minutes, took into consideration the state of affairs in his Majesty's province of New Hampshire, and Mr. Tomlinson, agent for the said province, attending was called in and their lordships had some discourse with him thereupon and then he withdrew.

Ordered that the draught of a representation to their Excellencies, the Lords Justices, upon the Assembly of New Hampshire refusing to pay obedience to his Majesty's additional instruction for the admission of the members chosen for certain new towns and districts in the said province be prepared.

Ordered that the Secretary do prepare a state of the case of the difficulties complained of by Mr. Wentworth in the granting lands in the said province, so far as relates to Mason's claim, and the grants made by the Massachusets colony, etc.

Nova Scotia.

Read a letter from Mr. Dick at Rotterdam, without date, to Mr. Pownall inclosing M. Van Seylingen's examination at Heidelberg, the 20th March, 1752, before two notaries publick.

Ordered that the Secretary do write an answer thereto.

Footnotes

1 may be revoked, written in minutes and apparently crossed out.