Journal, May 1752
Tuesday, May 5. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Townshend.
Jamaica.
Their lordships pursuant to the minutes of the 28th of April
last, took into consideration the address of the Assembly of the
Island of Jamaica to his Majesty praying that the additional
instruction to the Governor of that Island restraining him from
assenting to any law whereby absentees should be taxed in a
greater proportion than residents may be revoked; and Mr.
Sharpe, agent for the said Island, in support of the said address,
and Mr. Paris, agent and sollicitor in behalf of the absentees,
attending as desired they were called in and the said address
having been read,
Mr. Sharpe in support of the address observed to their
lordships the length of time during which the Legislature of
Jamaica had exercised the power of making laws for taxing
absentees in a greater proportion than residents. He stated to
their lordships the periods and particulars of every Act of the
like nature which had been passed in that Island from 1718,
when first such Acts took rise to the year 1748, (when his
Majesty, by an additional instruction forbad his Governor to assent
to any such law), and observed that the usage from 1718 to 1748
was sufficient to give a right of passing Acts of the like nature.
That although this instruction was not given till the Assembly
had exercised this power for above thirty years, they had not
attempted to pass any law in breach of it, but humbly represented
the necessity of such an Act in their address now under consideration; that the reasons contained in the said address were
strong and cogent; that the only facts therein mentioned which
stood in need of any proofs were the great Negro Rebellion
which broke out upon the estate of an absentee and the rebellion
lately set on foot, but timely discovered, which facts, besides
being asserted by a legislative body, were notorious from many
letters. And as the address is a publick Act of the Assembly
the facts asserted in it must according to usage be taken for
truths, as all Acts carry with them their own authenticity.
That the giving this instruction to the Governor of Jamaica
arose from a like instruction having been given to the Governor
of the Leeward Islands upon an Act being passed in Antigua for
taxing absentees; but that neither the circumstances of the two
Islands nor the objects of the two Acts were in the least similar;
that Jamaica being an Island of the utmost consequence and
the most exposed to the French and Spaniards, might be
justified in using such means to people itself with white men as
would be elsewhere very improper: that the 29th and 43rd
articles of the instructions to the Governor of Jamaica take
notice of the great want of white people. The first of them
relates to the forces sent to defend the Island from rebellious
negroes and to the making provision for those forces, and assures
the Assembly that the eight companies shall be recalled when it
shall appear that there is a number of white people to defend
the Island. The latter article directs that all laws relating to
white servants and to the encouragement of white settlers (and
the Deficiency Act was one of those laws) should be strictly
executed: that the 29th article above-mentioned is very material
to the present point because it shews that the regiment is
continued there still for want of white people, and as Mr. Sharpe
is informed the legislature have applied for a second regiment;
that as the money raised by the tax on absentees has been
constantly applied to the subsistance of the forces as recommended by the said 29th instruction, it was highly probable the
additional subsistance would be discontinued, if no such Act
should be allowed for the future.
That as to the difference between the Deficiency Acts of Jamaica
and Antigua, the object of the former was to accelerate the
settling the Island with white people, the money raised by it
was a penalty on those only who defeated the intention of the
Act, and that penalty applied according to the King's instructions,
in the subsistance of his forces; the intention of the latter was
to raise money, (the payment of which could not be prevented
but by the personal appearance of the absentee) to raise a regiment
in the Virgin Islands a specious pretext but a mere impossibility;
that the Antigua Act was immediately complained of, and the
Jamaica Act had continued many years without any complaint
from the absentees who had voluntarily submitted.
That as to the objections of the inequality of tax, the burthen
laid on the absentees was only one third more for every twenty
slaves and 100 cattle than the residents are charged with, one
pays three, the other two shillings, which might be reckoned a
very easy composition for the advantage of avoiding the fatigue
and trouble of the many duties and offices which the residents
are obliged, by the absence of so many gentlemen of fortune, to
go through in a quicker rotation, to the great neglect of their
private affairs; that the loss which the community suffers from
the absence of so many of it's most wealthy members made it
also highly reasonable that absentees should be taxed in a greater
proportion than residents; that the differences between them
were not ballanced by the additional tax which however would
appear to be no tax at all, as the absentees might send the
number of white servants required by the Act, might receive
the benefit of the labour of such white servants and need not
pay any tax at all.
Upon the whole therefore Mr. Sharpe hoped their lordships
would be of opinion that Acts of this nature are necessary and
just, and that they would advise his Majesty to withdraw the
instruction according to the prayer of the Assembly's address.
Mr. Paris, in behalf of the absentees observed to their lordships
that he apprehended the point of dispute was mistaken, that his
Majesty's instruction did not forbid the passing of a law to tax
absentees but forbade the passing any such law without a
suspending clause to the end that his Majesty might judge of
the proper degree of inequality of the tax: that as to the quantity
of tax imposed by the last Jamaica Act, he insists that the absentee
paid one half more than the resident on a like estate, since the
one was to pay three and the other two shillings; that Acts of
the like nature had been passed in other islands, many hearings
had upon them, and that the determination had constantly gone
against such Acts; that the first instance happened in Antigua
when Mr. Martin, the agent, petitioned the Council, and the Order
of the Committee thereupon declared the Act unequal and unjust,
and the Governor was forbid by an additional instruction to
assent to any more such laws; that two Acts of like nature
having been passed in St. Christopher's the Board of Trade on
the 27th March, 1745, advised the repeal of one of them (the
other being already expired) and the giving the like instruction
with regard to all the Leeward Islands which was accordingly
ordered by the King's Order in Council; that with regard to the
precise times of application against the Jamaica Act, the
absentees applied 15th January, 1746; on the 1st May, 1747, the
Board advised the sending the like instruction, as had been given
to the Leeward Islands; that on the 1st July, 1747, Mr. Sharpe
petitioned to be heard against the report of the Board of Trade
and to have time to get proofs, and the affair accordingly lay by
unheard till 25th June, 1748, (very near a year) and on the 30th
July, 1748, the Council by their Order in Council declaring the
taxing of absentees to be unequal and unjust; that he hoped so
many determinations, always contested, ought to suffice.
That with regard to the present address it came over in
November, 1749, the absentees attended upon it in April, 1750,
when the same arguments were offered in support of it, but
proofs being called for and Mr. Sharpe having none to produce,
it was then put off, notwithstanding which Mr. Sharpe has not
now produced any proofs, but has insisted that none were
necessary; that this application was from the late Assembly,
who are dissolved, and is not patronized by the present; that he
is informed the Governor and Council refused to join in it, when
asked; that it is therefore a deserted complaint and as no proof
nor any new matter offered in a case which has been so often
determined, he hoped their lordships would advise the Crown to
reject the address of the Assembly.
And the following papers being read at Mr. Paris's desire,
viz.:—
So much of the report of the Board of Trade, dated 24th
October, 1717, as relates to two Acts passed in Jamaica
for the encouragement of white settlers, and the 32nd
article of his Majesty's instructions to Edward Trelawney,
Esquire.
Mr. Sharpe observed in reply to what Mr. Paris had offered
that the report above-mentioned was rather favourable than
against him since it does not touch on the objection of disproportion of taxes: that the instruction which had been read
was not to the purpose, since it only ordered that the proportion
of white servants [be] as directed by the Act of 1704; that the
address of the Assembly was not deserted, that the orders he
received from the Committee of Correspondence having never
been countermanded remain in force, and that the letters he
has lately received are very earnest upon this point; that it
cannot be reasonably inferred that the Governor and Council
were against the address, because they have not joined in it,
and whether that circumstance be true or not can only be known
by the Governor's letters, to which he refers their lordships;
that it does not appear that the sense of the Crown has been
repeatedly given upon this point, because the intent of the Antigua
Act was so very different and the Acts of St. Christophers not
similar, inasmuch as they imposed a double tax on persons who
should go out of the Island, so that they became liable to it for
being in any other of the Islands under the same government,
and this tax was to be applied to the payment of publick debts;
that the Act in 1719 was expressly confirmed, which confirmation
is the stronger proof that the Crown approved the principles of
it, because the Act was at that time expired, and to confirm it
then, could answer no other end than to declare an approbation
of it; that the avowed purpose of the Act for taxing absentees
is to oblige them to send white servants, which would at
once tend to their own profit and the security of the Island,
if they will not comply but pay the tax imposed in case of
deficiency they defeat the intention of the legislature; and that
the tax complained of must be very light if the absentees found
it less expense to pay it than to send their proportion of white
servants.
The parties being withdrawn their lordships were unanimously
of opinion that the additional instruction to Mr. Trelawney
restraining him from passing laws whereby absentees should be
taxed in a greater proportion than residents without a suspending
clause should be continued to Mr. Knowles, the present Governor,
and inserted in the draught of his general instructions now preparing, it not having appeared to their lordships that any new
arguments had been offered or proofs laid before them which
might induce them to alter their former opinion or recommend
the departing from a measure which had been so often and so
fully heard and adjudged.
Wednesday, May 6. Present:—Earl of Halifax, Mr. Pitt,
Lord Dupplin, Mr. Townshend, Mr. Oswald.
Nova Scotia.
Colonel Hopson, Governor of Nova Scotia, attending with
Mr. Kilby, the agent, their lordships took into consideration the
affairs of the said province, and Mr. Kilby having laid before the
Board an account of what sum of money would be necessary for
an allowance of 3d. per day to each of 1,000 settlers for twelve
months amounting to £4,562 10s. 0d., their lordships gave him
directions to procure that sum in milled Spanish money or other
proper specie in order to be transmitted to the province of Nova
Scotia, and Colonel Hopson was directed not to apply any part
of the said money to any other purpose whatever than the
allowance of 3d. per day to the settlers in lieu of provisions and
not to open the chests or casks which should contain the said
money until the actual time when the said allowance should
commence.
Their lordships then fully represented to Mr. Hopson the
present exhausted state of the grant of Parliament for the service
of this colony arising from the great and unexpected demands
made by Colonel Cornwallis for services of which no account had
been transmitted to the Board, and Mr. Hopson was desired
immediately upon his arrival to send the Board an account of
all expenses which have been incurred and how they arose;
what is the present state of the publick works and an estimate
of what will be necessary for the ensuing year.
It was further recommended to Mr. Hopson to avoid as much
as possible any works which might create a further expense,
and even rather to lose the advantage of the labour of the foreign
protestants who were to work out the charge of their passage
than to employ them in works which might bring on a considerable, collateral or consequential expence or were not of
absolute necessity.
Mr. Hopson then observed to their lordships that as it appeared
that rum and molasses were at present allowed as well to the
settlers as the troops it would be necessary he should have their
lordships' opinion whether that allowance stood independent of
the allowance of 3d. per day in lieu of provisions or whether the
3d. was for the whole of the former allowance including rum and
molasses; whereupon their lordships acquainted him that the
allowance of rum and molasses to the settlers was included in
the provisions furnished by the contracts, and as the 3d. per
day was for the whole of the provisions they now receive, that
allowance should not be continued; but that as to the troops,
as their allowance of rum and molasses was over and above the
provisions supplyed by the contractors it must still remain
independent of the allowance of 3d. in case Mr. Hopson should
find it practicable to bring about that regulation.
Mr. Hopson further desired their lordships' directions whether
in case it should be necessary to transport stores and provisions
to any part of the province when settlements are or shall be
made, and the contractor should refuse to be at the expence,
such expence should be made a contingent charge to the publick,
their lordships were of opinion that in such cases it must be made
a contingent charge and that in case he should find it necessary
to appoint storehouses at any settlements which might hereafter
be made the allowance to such storekeepers should also be made
a contingent charge.
Mr. Hopson then observed to their lordships that as he found
the Board were of opinion that the allowance of an eighth to the
persons who issued the wet stores was improper, he thought it
his duty to represent that if that allowance was discontinued and
the storekeeper left at large to charge what waste they thought
proper it would be impossible to prevent their charging a great
deal more than they ought, which had always been found to have
been the case and therefore he submitted whether it would not
be more for the publick advantage that the allowance of an eighth
should be continued. Whereupon their lordships observed to
him that they hoped it would be in his power to prevent the
frauds he represented in which case it would certainly be
most advisable not to make such allowance, but if he found
that impracticable he was at liberty to put it in any other
way he should think most proper and for the advantage of the
publick.
Their lordships further observed to Mr. Hopson that a very
considerable expence had been incurred on account of several
sloops imployed by Colonel Cornwallis in the service of the
colony, and therefore desired he would make enquiry what the
number of these sloops were, how they had been employed and
whether they were of publick utility, and transmit an account
thereof to the Board.
It was further observed to Mr. Hopson that in case he found
it impracticable to send the foreign protestants to distant
settlements or that the sending them would be attended with a
considerable expence, that in that case he should settle them
about Halifax in such manner as should be most for their
convenience and security and the publick advantage.
Their lordships then took into consideration the establishment
of civil officers in Nova Scotia and it appearing that Benjamin
Green, Esquire, was Naval Officer and Judge of the Admiralty
and also one of his Majesty's Council and Secretary to the Council,
their lordships observed to Mr. Hopson, that although they had
no reason to complain of the conduct or behaviour of Mr. Green
in the execution of these offices, yet as the Naval Officer and Judge
of the Admiralty being executed by the same person were
contrary to law and inconsistent with his Majesty's instructions,
and the offices of Councillor and Secretary to the Council were
incompatible in the nature of them, their lordships did recommend to him upon his arrival to require Mr. Green to sign a
resignation of the offices either of Naval Officer or Judge of the
Admiralty, and of Councillor or Secretary to the Council as he
should judge proper, and that Mr. Hopson should appoint such
other person to the said offices so resigned as he should find duly
qualified to execute the same until further directions.
Thursday, May 7. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Mr. Townshend, Mr. Oswald.
Trade.
Africa.
Read a letter from Mr. Amyand, Secretary to the Lords Justices,
dated the 30th April, 1752, referring to this Board copy of a letter
from Mr. Clevland, Secretary to the Lords of the Admiralty,
inclosing several papers relating to disputes between the English
Council at Dixcove and a party of the natives thereabouts.
Read a letter from Mr. Hollier, Secretary of the Company of
Merchants trading to Africa, dated 29th April, 1752, inclosing
a copy of Mr. Melvill's letter to the said Committee, dated at
Cape Coast Castle, the 5th November, 1751, and transmitting:—
Short narration of the Dixcove quarrell.
Articles of agreement between the Council of Cape Coast
and the Dutch General of Elmina.
Abstract of letters between the President and Council at
Cape Coast Castle and the Dutch General of Elmina
relative to the Atchumah quarrell.
Transactions between the Council at Cape Coast Castle and
the Dutch General at Elmina relative to the Commenda
quarrell.
Valuation of the Company's slaves at the outports.
Copies of letters between the Honourable Captain Howe and
the Council at Cape Coast Castle.
Ordered that these papers be taken into consideration on
Tuesday next.
Tuesday, May 12. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Oswald.
Jamaica.
The Secretary laid before the Board the draughts of general
instructions and of those which relate to the Acts of Trade and
Navigation for Charles Knowles, Esquire, appointed Governor
of Jamaica, and the said draughts having been taken into consideration their lordships made some progress therein.
Trade.
Africa.
Their lordships also took into their consideration the papers
relative to the dispute between the Council of Cape Coast Castle
and the Dutch General at Elmina mentioned in the preceding
minutes and ordered the Secretary to write to the Committee of
the Merchants trading to Africa to desire their attendance at the
Board on Thursday next at 11 o'clock in the morning.
Trade.
Labrador.
Read a letter from Mr. Amyand, Secretary to their Excellencies,
the Lords Justices, dated May 11th, 1752, referring to the consideration of this Board the petition of several merchants of
London, praying that a charter of incorporation for themselves
and their associates, and a grant may be made to them of all that
tract of land in North America called Labrador or New Britain,
and that they may have an exclusive right of trading thither for
the term of sixty-three years.
North Carolina.
Read an Order of their Excellencies, the Lords Justices in
Council, dated 7th May, 1752, approving the representation of
the Board of Trade of 27th April last, recommending nine persons
to supply vacancies in the Council of North Carolina, and
directing the Board to prepare warrants for their appointment.
The draughts of warrants having been accordingly prepared
and also the draught of a representation to their Excellencies,
the Lords Justices, thereupon, the same were agreed to and
ordered to be transcribed.
Nova Scotia.
The Secretary laid before the Board a memorial of Mr. Kilby,
agent for the settlement of Nova Scotia, to the Lords Commissioners of the Treasury praying that £4,562 10s. may be
issued to him to purchase dollars for the payment of the
allowance to the settlers in that province in lieu of provisions,
and the said memorial having been approved Mr. Kilby was
directed to present the same to the Lords Commissioners of the
Treasury for their Lordships' directions thereupon.
Wednesday, May 13. Present:—Earl of Halifax, Mr. Pitt,
Lord Dupplin, Mr. Fane.
Jamaica.
Their lordships took into consideration the draughts of general
instructions and of those which relate to the Acts of Trade,
prepared for Mr. Knowles, Governor of Jamaica, and made a
further progress therein.
Plantations General.
Ordered that the Secretary do write to Mr. Clevland, Secretary
to the Lords Commissioners of the Admiralty, to desire to know
whether any and what regulations have been made since the year
1705 relative to the flags to be worn by private ships and also
for a copy of the Commission and instructions given to privateers
during the time of war.
Leeward Islands.
The Secretary having acquainted the Board that he was desired
in behalf of General Fleming, Commander in Chief of the Leeward
Islands, to move their lordships for their favourable representation
in obtaining a licence for his being absent from the said Islands
for the space of twelve months on account of his health which
was much impaired, their lordships ordered the draught of a
representation to their Excellencies, the Lords Justices, thereupon
to be accordingly prepared.
The Secretary moved their lordships in behalf of Gilbert Fane
Fleming, one of his Majesty's Council in the Island of St.
Christopher's, for their favourable representation in obtaining him
a licence of absence for the space of twelve months on account
of some private affairs which require his attendance in England.
Ordered that the draught of a representation to the Lords
Justices be accordingly prepared.
Nova Scotia.
Ordered that Mr. Kilby, agent for Nova Scotia, do pay or cause
to be paid to Lawrence D'Obbeville or his order the sum of ten
guineas on account of services done by him on board one of the
transports with settlers for Nova Scotia in the capacity of surgeon.
North Carolina.
The draught of a representation to their Excellencies, the Lords
Justices, with warrants for nine Councillors in North Carolina,
having been transcribed pursuant to the preceding minutes, was
laid before the Board and signed.
Thursday, May 14. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Fane, Mr. Oswald.
Plantations General.
Read a letter from Mr. Clevland, Secretary of the Admiralty,
dated the 14th May, 1752, inclosing a copy of regulations
established by his Majesty's Order of the 7th January, 1730–1,
in relation to colours to be worn by all ships and vessels except
his Majesty's ships of war, also transmitting:—
Copy of a letter of marque or a commission for a private
man-of-war against France and Spain, or the subjects of
the French king or king of Spain. Dated 18th September,
1747.
Jamaica.
Their lordships then took into further consideration the
draughts of instructions for Mr. Knowles, Governor of Jamaica,
together with a representation thereupon to their Excellencies,
the Lords Justices, and the said instructions and representation
having been agreed to were ordered to be transcribed.
Trade.
Africa.
The Committee of the Company of Merchants trading to Africa
attending with Mr. Hollier, their Secretary, as desired, their
lordships took into consideration the present state of affairs upon
the coast of Africa and the following papers were read, viz.:—
Copies of two letters, dated Cape Coast Castle, 20th February,
1752, from Mr. Melvill to the Committee of the Company
of Merchants trading to Africa.
Copy of a letter from Messrs. William Husbands and
Ebenezer Young, two of the Council at Cape Coast Castle,
to the Committee of the Company of Merchants trading to
Africa. Dated 20th February, 1752, at Anamaboe.
Letter from William Husbands, one of the Council at Cape
Coast Castle, to the Committee of the Company of
Merchants trading to Africa. Dated Anamaboe, 18th
February, 1752.
Copy of a letter from Captain Buckle, Commander of a
squadron of his Majesty's ships of war upon the coast of
Africa, to Mr. Clevland, Secretary to the Lords of the
Admiralty, dated the 19th February, 1752.
Letter from William Ansah Sessaracoa, son of John Corrantee,
chief cabboceer of Anamaboe to the Earl of Halifax,
dated the 20th February, 1752.
Their lordships then observed to the Committee that it clearly
appeared from the foregoing letters that unless a fort was begun
to be built as soon as possible not only that place would be lost,
but with it the whole British interest upon that coast; that the
late transactions confirmed the opinion which the Committee
gave to the Board some time ago of the necessity of building such
a fort, and therefore their lordships did recommend to them to
make as early an application as possible to the Lords Justices,
laying before them the present state of affairs upon the coast
for their Excellencies' directions thereupon that no time might
be lost in taking the necessary steps to preserve and save the
British interest there.
Their lordships then observed to the Committee upon such
parts of the foregoing letters as related to the conduct of Mr.
Melvill, the Company's agent at Cape Coast, that it appeared
that he had acted upon principles inconsistent with the sense of
the nation, the opinion of this Board and the positive directions
of the Company themselves, and which could not but prove fatal
to the trade and interest of this country; that instead of
cultivating a friendship with the Fantees it appeared that he had
done everything that could be done to alienate their affections; that
he had taken no step to defeat the designs of the French upon their
arrival at Anamaboe, but on the contrary sent the Fantees a bottle
of rum in contempt, at the time the French were giving them some
hundred gallons, and that it appeared that the confessed motive
of the encouragement given to the French upon their coming last
to Anamaboe, was Mr. Melvill's treatment of the Fantees, and
that while that government was sending out fleets of ships and
measures are taking to prevent that place from falling into the
hands of the French, an officer of the Company contrary to
their directions is counteracting these measures and endeavouring
to render ineffectual every step which it has been thought proper
to take; that therefore as it appeared that Mr. Melvill had acted
so improper a part and had behaved so ill, the Board desired to
know what directions the Committee proposed to send him.
Whereupon the Committee acquainted the Board that they
would consider of what had appeared with respect to Mr. Melvill's
conduct and attend the Board on this day fortnight in order to lay
before them their opinion thereupon, and desired they might have
a copy of Mr. William Ansah's letter to the Earl of Halifax which
was ordered to be given to them and then they withdrew.
Ordered that the Secretary do transmit copies of the letters
laid before the Board by the Committee of the Company of
Merchants trading to Africa, and also a copy of Mr. Williams
[Ansah's] letter to the Earl of Halifax, to the Secretary to the Lords
Justices to be laid before their Excellencies as soon as possible.
Ordered that the papers relative to the state of affairs upon the
coast of Africa be taken into further consideration on Wednesday,
the 27th instant.
Jamaica.
The draught of a representation to their Excellencies, the Lords
Justices, upon Mr. Knowles' instructions, having been transcribed,
was laid before the Board and signed.
Leeward Islands.
The draught of a representation to their Excellencies the
Lords Justices proposing that Gilbert Fleming, Esquire,
Lieutenant-General of the Leeward Islands, may have leave of
absence for twelve months on account of his health, having
been prepared pursuant to the preceding day's minutes was
laid before the Board, agreed to, transcribed and signed.
St. Christopher's.
The draught of a representation to their Excellencies the
Lords Justices proposing that Gilbert Fane Fleming, one of the
Council in the Island of St. Christopher's, may have leave of
absence for twelve months on his private affairs having been
prepared pursuant to the preceding minutes, was laid before
the Board, agreed to, transcribed and signed.
Bermuda.
Read a letter from Mr. Popple, Governor of Bermuda, to Mr.
Hill, dated the 7th May, 1752, desiring him to move my Lord
Halifax and the Board for a renewal of his leave of absence for
another year.
Ordered that the draught of a representation to their
Excellencies, the Lords Justices, proposing that Mr. Popple may
have further leave of absence for twelve months, be prepared,
and the said draught having been accordingly prepared, was
agreed to, transcribed and signed.
Read a letter from Mr. Popple, Governor of Bermuda, to Mr.
Hill, dated the 7th May, 1752, renewing his application to the
Board in favour of George Forbes, Esquire, formerly recommended
by him to supply the place of Mr. Burrows in the Council of
Bermuda.
Ordered that the draught of a representation to their
Excellencies, the Lords Justices, be prepared proposing Mr.
Forbes to be of the Council of Bermuda in the room of Mr.
Burrows, deceased, and the said draught having been accordingly
prepared was laid before the Board, agreed to, transcribed and
signed.
Trade.
Africa.
The Secretary laid before the Board the two following papers
received from Mr. Hollier, Secretary to the Committee of the
Company of Merchants trading to Africa, viz.:—
Copy of a letter from the Committee of the Company of
Merchants trading to Africa to Thomas Melvill, Esquire,
President of the Council, etc., at Cape Coast Castle, dated
London, 29th January, 1752.
Copy of a letter from the Committee of the Company of
Merchants trading to Africa to Thomas Melvill, Esquire,
President of the Council, etc., at Cape Coast Castle, dated
February 18th, 1752.
Tuesday, May 26. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Oswald.
Jamaica.
The draught of a letter to Mr. Knowles, Governor of Jamaica,
relating to the 28th article of his instructions directing a revisal
of the laws and inclosing a copy of an Act passed in Virginia
for a revisal of the laws of that colony, was laid before the Board,
agreed to and ordered to be transcribed.
Plantations General.
Ordered that the Secretary do transmit a copy of the
instructions given to his Majesty's Governors in America
relative to the laws concerning the plantation trade to the
Commissioners of his Majesty's Customs for their opinion and
observations thereupon.
Massachusets.
Read three reports of Mr. Lamb upon forty-six Acts passed
in the province of the Massachusets Bay in the years 1748, 1749
and 1750.
Their lordships having taken the said Acts into consideration
and the draught of a report to the Lords of the Committee of
Council upon the said Acts having been prepared, was laid before
the Board, agreed to and ordered to be transcribed.
Nova Scotia.
Read the following letters from Mr. Dick to Mr. Pownall,
viz.:—
Letter from Mr. Dick, dated at Rotterdam, the 2nd June,
N.S., 1752, containing a further account of his proceedings
in fitting out his ship for Nova Scotia.
Letter from Mr. John Dick, dated at Helvoet Roads, the
5–16th May, 1752, acquainting the Board that one of his
ships with foreign protestants for Nova Scotia was ready
to depart and inclosing:—
List of passengers on board the Speedwell, Joseph
Wilson, master, bound from Helvoet Roads to
Halifax in Nova Scotia, May 16th, 1752.
List of passengers on board of the Betty, Robert Warden,
master, bound from Helvoet Roads to Halifax in
Nova Scotia, May 16th, 1752.
Wednesday, May 27. Present:—Earl of Halifax, Mr. Pitt,
Mr. Grenville, Lord Dupplin, Mr. Oswald.
Trade.
Africa.
Their lordships pursuant to the minutes of the 14th instant,
took into consideration the papers mentioned therein relative to
the present state of affairs upon the coast of Africa.
Plantations General.
The draught of a circular letter to the Governors of the several
colonies and plantations in America recommending a strict
observance of his Majesty's instructions having been laid before
the Board, was agreed to and ordered to be transcribed.
Ordered that the Secretary do write a circular letter to the
Governors of Jamaica, Barbados, Leeward Islands, Bahamas
and Bermudas, directing them to use their utmost endeavours
to prevent his Majesty's subjects taking up lands and making
settlements in any foreign islands or colonies, and also to prevent
any illicit importation of foreign sugars.
Thursday, May 28. Present:—Earl of Halifax, Mr. Pitt, Mr.
Grenville, Lord Dupplin, Mr. Oswald.
Trade.
Africa.
The Committee of the Company of Merchants trading to
Africa attending, with Mr. Hollier, their Secretary, pursuant to
the minutes of the 14th instant, were called in and they presented
the following papers to the Board, viz.:—
Copy of a letter from Thomas Melvill, Esquire, President of
the Council, etc., at Cape Coast Castle, to the Committee
of the Company of Merchants trading to Africa, dated
26th December, 1751, inclosing several papers relating to
the disputes with the Dutch.
Observations of the Committee of the Company of Merchants
trading to Africa upon the conduct of Mr. Melvill, their
agent at Cape Coast Castle.
The papers having been read the Committee were ordered to
withdraw.
Their lordships then took the said papers into their consideration and after some time spent therein the Committee were
again called in, and their lordships observed to them that having
considered their observations upon Mr. Melvill's conduct, it
appeared that in some articles they did not think he was to be
blamed, that in others he was not greatly to be blamed, but that
some parts of his conduct they are not able to account for; that
in general they thought his conduct right, and that his behaviour
with respect to the disputes with the Dutch and in the dispatching
ships was much to be commended; that this was a part of his
conduct which the Board did not in the least complain of; that
the charges arising from the several letters were, that he
endeavoured to stop the trade from going to Anamaboe and was
upon ill terms with the Fantees which was a conduct inconsistent
with the principles which ought to be observed by the Company's
agents; that whether he was guilty in whole or in part, or
whether he acted from mistake or neglect, this circumstance
made Mr. Melvill a very improper person to carry on so great and
important a work as that of building a fort at Anamaboe and
restoring the affections of the Fantees which must necessarily
require his being upon good terms with them, and therefore he
could not perform these services so well as a man not liable to
these objections; that their lordships did not wonder at the
Committee's tenderness with respect to Mr. Melvill, themselves
being equally tender, and therefore should be unwilling to advise
any step that might prejudice either Mr. Melvill's character or
interest; that on the other hand however they had their duty
to consider, and that by Act of Parliament they were empowered
to remove any officer of the Company which should be guilty
of misbehaviour, that however, as the Committee themselves
could not but acknowledge that it was impossible for Mr. Melvill
to carry on the service so well as another person not liable to
the same difficulties, and that they as well as the Board must be
uneasy lest any misfortune should arise to the service from such
conduct, it were to be wished that some expedient could be fallen
upon; that they had heard that Mr. Melvill had desired to come
home to concert further measures for carrying on this trade and
therefore their lordships offered it to the consideration of the
Committee whether it would not be advisable for them to give
Mr. Melvill leave to come home when he might have an opportunity
of answering all complaints against him, and the service might
be entrusted to a person who would be more agreeable to the
Fantees.
The Committee then observed to their lordships that Mr.
Melvill had indeed in some of his letters mentioned a desire of
coming home, that however ill consequences might attend the
too frequent changing of agents and that they apprehended the
service of building a fort might be carried on by some other
person; that however it was impossible for them to give any
positive opinion or answer at present and therefore they hoped
the Board would indulge them with a few days to consider this
affair when they would wait upon the Board with their
determination. And then the Committee withdrew.