Journal, June 1722: Journal Book Y

Journal, June 1722

June 1. Present:—Mr. Pelham, Mr. Ashe, Mr. Plummer.

New York.

Mr. West's report.

Acts. Representation.

Act.

Mr. West's report upon several Acts, passed at New York in 1719 and 1720, was read, and ordered that a representation be prepared for confirming an Act of that province, passed in December, 1720, entituled, An Act to lay a duty of £2 on every £100 value prime cost, of all European goods imported into this colony.

June 5. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

New York.

Representation.

Act.

A representation for confirming an Act passed at New York, entituled, An Act to lay a duty of £2 on every £100 value prime cost, of all European goods imported into this colony, as agreed at the last meeting, was signed.

Letter to Mr. Burnet.

A letter to Mr. Burnet, Governor of New York, in answer to several letters from him, was agreed and ordered to be transcribed.

Nova Scotia.

Letter to Colonel Philipps.

A letter to Colonel Philipps, Governor of Nova Scotia, was also agreed and ordered to be transcribed.

June 6. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Massachusets.

Mr. Attorney and Mr. Solicitor General's report.

Time.

Passing Acts.

Mr. Attorney and Mr. Solicitor General's report, relating to the time when the three years for the King to approve or repeal the Acts of the Massachusets Bay, are to commence, was read.

Ordered that Captain Gookin, Mr. Gee and Colonel Cox be acquainted, that the Board have put off hearing what they may have to offer upon the said Gookin's petition till Friday morning next.

New York.

Nova Scotia.

Letter to Mr. Burnet and to Colonel Philipps.

A letter to Mr. Burnet, Governor of New York, and another to Colonel Philipps, Governor of Nova Scotia, as agreed at the last meeting, were signed.

June 8. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer.

New Jersey.

Pennyslvania.

Captain Gookin.

Petition.

Islands.

Delaware River.

Improvements etc.

Captain Gookin attending, in relation to his petition for some islands in Delaware River, with Mr. Sharpe, Colonel Cox, Mr. Gee and Mr. Clement, as they had been desired; they presented to the Board an account of the situation and names of the said islands, as also of what improvements had been made thereon, and by whom, which was read, and is as follows, viz.:—
A little island next the Falls:— wholly unimproved.
Byles Island:—no buildings on it, not banked, being a high island. Colonel Cox has heard, it has been let for £12 a year, but knows not that it is or ever was so let.
A small marshy island between Byles and Biddle's Island:— wholly unimproved.
Biddle's or Pensbury Island:—used for grazing cattle by Biddle, and, as Colonel Gookin says, by several others.
Burlington or Stacey's Island:—uninhabited and unsettled, but alleged to be used as a place of pleasure for Burlington.
Burden's Island:—an old decayed house upon it, some small part of it cleared, and cattle grazed there.
Fairman's Island:—wholly unimproved and uninhabited.
Two little shifting islands or mud banks:—unimproved and produce nothing but sedge, which the inhabitants of the Jerseys and Philadelphia promiscuously cut formerly, but the islands are overflowed each tide.
Hollanders Creek Island:—all marsh, with shrubs upon it, and a little house built thereon by Mr. Storey, and some small part improved.
Query. If in Delaware River.
League Island and Hogg Island:—unimproved intirely, and overflowed with water.
Three little islands near Tenecum:—all unimproved.
Carpenter's Island near the mouth of Schuylkill River:— improved by a handsome house, and in many other particulars. Questioned whether in Delaware or Schuylkill River.
Tenecunck, by the side of the river:—improved by a good house and orchards, and much cleared land.
Tenecunck, in the middle of the river:—uninhabited, unimproved, bears reed only, and overflowed every tide.
Two islands on the Eastern shore, opposite to Chester:—uninhabited, unimproved and overflowed.
Fisher's Island:—not known by Colonel Cox nor Colonel Gookin, to be in the River Delaware.
Memorandum. There are several other islands in the river which cannot be particularized, or any account given of them.

And their Lordships, after some discourse with the abovesaid gentlemen upon that subject, resolved to consider further thereof at another opportunity.

June 12. Present:—Mr. Docminique, Mr. Pelham, Mr. Ashe, Mr. Plummer.

Bermuda.

Letter from Colonel Hope.

Representation.

Councillor.

A letter from Colonel Hope, Lieutenant Governor of Bemuda, dated the 17th of March last, was read; and ordered that a representation be prepared to recommend Mr. Andrew Auchenleck to be of the Council of Bermuda, in the room of Robert Burton, Esq., deceased.

Virginia.

Letters.

Letters from Colonel Spotswood.

Their Lordships then took into consideration the several letters from Colonel Spotswood, Licutenant Governor of Virginia, not yet answered, and read a letter from the said Colonel Spotswood, dated the 6th of March. 1720-21, transmitting:—
Papers.
Minutes of Council in Assembly, from the 2nd of November to 23rd December, 1720.
Minutes of Assembly, from the 2nd of November to 23rd December, 1720.
Copy of a Bill prepared, (but not passed), for explaining and amending the Act for regulating the election of Burgesses.

And another letter from Colonel Spotswood, dated May the 31st, 1721, transmitting:
Minutes of Council, from 28th of May, 1719, to the 29th of April, 1720.
Minutes of Council, from 28th of May, 1720, to the 6th of May, 1721.
Account of the quit-rents, from April 25th, 1720, to ditto, 1721.
Account of the revenue of 2 shillings per hogshead, from the 25th of October, 1720, to the 25th of April, 1721.

And the said papers, referred to in the said letters, were laid before the Board.

Ordered that Captain Dumaresque be acquainted that the Board desire to speak with him to-morrow morning.

New Jersey.

Extract.

Mr. Burnet's letter.

Speech.

Alteration.

Assembly Men.

Letter to Mr. Attorney General.

Ordered that an extract of Mr. Burnet's letter of 1st August, 1721, as also of his speech to the Assembly in relation to the alterations in the election of Assembly-Men in the Jerseys, as he proposes, be sent to Mr. Attorney General, for his opinion whether His Majesty may legally comply with Mr. Burnet's request, or in what manner it may most properly be done.

June 13. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Bermuda.

Representaion.

New councillor.

A representation, proposing Mr. Andrew Auchenleck to be of the Council of Bermuda in the room of Mr. Robert Burton, deceased, agreed yesterday, was signed.

New England.

Captain Dumaresque.

Petition.

Indian grant.

Letter to Colonel Shute etc.

Captain Dumaresque, attending with Mr. Bampfield, as they had been desired, in relation to the said Dumaresque's petition for the confirmation of an Indian grant of some land in New England, mentioned in the Minutes of the 3rd of May, 1720; and their Lordships, after some discourse with the said gentlemen thereupon, ordered that a letter be writ to Colonel Shute to state the subject of the aforementioned petition at large, and to desire his opinion thereupon.

Pennsylvania.

Representation.

Gookin's petition.

Islands.

Ordered that the draught of a representation be prepared upon Captain Gookin's petition for some islands in Delaware River.

Bermuda.

Letters and Papers.

The following letters from Colonel Bennet, late Governor, and Colonel Hope, present Governor of Bermuda, were read, and the papers, therein referred to, were laid before the Board. viz.:—
Letters from Colonel Bennet.
Letter from Colonel Bennet, dated the 31st of October, 1720.
Minutes of Council, from the 7th of June, 1708, to 7th of June, 1720.
Naval officer's list of ships and vessels entered inwards, from 20th October, 1718, to 20th October, 1720.
Naval officer's list of ships and vessels cleared outward, from 17th October, 1718, to 18th October, 1720.
Proceedings of the Court of Admiralty, in relation to some persons accused of piracy.
Abstract of the Bermuda newspaper.

Letter from Colonel Bennet to the secretary, dated the 27th of March, 1721.
Paper.
Letter from Colonel Bennet, dated the 8th of December, 1721.
List of six persons fit to supply vacancies in the Council of Bermuda.

Letter from Colonel Hope to the secretary, dated the 17th of March last.
Letters from Colonel Hope.
Letter from Colonel Hope, dated the 26th of March last.
Paper.
Copy of the Coroner's inquest and two verdicts upon the murder of Captain Landy, and of an order for suspending Colonel Smith from the Council.

Letter from Colonel Hope.

Answer.

Letter from Colonel Hope to the secretary, dated the 26th, with a postscript of the 29th of March last, relating to the murderer of Captain Landy having surrendered, and ordered that the draught of a letter be prepared in answer to Colonel Hope's said letter.

Mr. West's report.

Act.

Deficiency, Funds.

Mr. West's report upon an Act passed at Bermuda in November, 1721, to supply the deficiency of several funds, etc., was read, and ordered that the said Act do lye by.

Leeward Islands.

Letters and Papers.

The following letters from General Hamilton, late Governor, and Colonel Hart, present Governor of the Leeward Islands, were read, and the papers, therein referred to, laid before the Board, viz.:—
Letter from General Hamilton.
Letter from General Hamilton, dated the 28th of August, 1721.
Acts.
Two Montserrat Acts, passed in June, and an Antigua Act passed in July, 1721.
Mr. Yeamans' licence of absence from Antigua for six months, dated the 22nd of August, 1721.

Letter from Colonel Hart.
Letter from Colonel Hart, dated at Antigua, the 13th of January, 1721–22.
Papers.
Colonel Hart's speech to the Council and Assembly of Antigua, the 1st of January, 1721–22.
The address of the Council of Antigua to Colonel Hart.
The address of the Assembly of Antigua to Colonel Hart.

Letter from Colonel Hart.

Antigua.

Acts.

Letter from Colonel Hart, dated at St. Christophers, the 24th of April last, transmitting four Acts of Antigua, with his observations thereupon.

Observations.

Acts to Mr. West.

Ordered that the Acts passed at Antigua in February, 1721–22, be sent to Mr. West for his opinion thereupon in point of law.

Trade.

Letter to Mr. Carkesse.

Swedes.

Weighing goods.

Ordered that Mr. Carkesse be acquainted that the Board desire to speak with him on Friday morning next, in relation to what the Swedes or other foreigners pay in the ports of Great Britain for weighing and measuring their goods.

June 14. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Leeward Islands.

Letter to Colonel Hart.

A letter to Colonel Hart, Governor of the Leeward Islands, was agreed and signed.

Bermuda.

Letter to Colonel Hope.

A letter to Colonel Hope, Lieutenant Governor of Bermuda, was also agreed and signed.

Pennsylvania.

New Jersey.

Representation.

Captain Gookin's petition.

Islands, Delaware River.

A representation upon an Order of Council, of 17th of the last month, in relation to Captain Gookin's petition for some islands in Delaware River, was agreed and signed.

Virginia.

Colonel Spotswood's letter.

Major Drysdale.

Mr. Blair.

Their Lordships then took into consideration the letters from Colonel Spotswood, (mentioned in the Minutes of the 12th inst.), and resolved to speak on Tuesday next with Major Drysdale, appointed Lieutenant Governor of Virginia, and Mr. Blair, one of the Council there, upon several points in the abovesaid letters.

June 15. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Trade.

Mr. Carkesse.

Foreigners.

Weighing goods.

Mr. Carkesse attending, as he had been desired, in relation to what the Swedes and other foreigners pay for weighing and measuring their goods here; their Lordships asking him some questions, he said, that all foreigners pay three pence per pound for all goods imported, more than the English for petty customs, which is ¼ part of the old subsidy according to the book of rates the 12th Car: 2nd; and in passing their entry, they generally pay one shilling more for bill-money, and one shilling and eight pence for bill-money to the petty customer; that there is likewise a duty payable to the City, of six pence per ton on iron, called Scavage; that there is likewise four pence per ton paid to the City porters by foreigners, more than is paid by the English for weighing; and that the City porters claim a right to land and weigh all aliens' goods; that foreigners pay no other duties outwards to the King than the English do; that if goods are shipped by cocquet, foreigners pay one shilling more than the English, as likewise a duty of Scavage, settled by the book of rates; that the City porters likewise claim a right to ship off all aliens' goods and take double porterage.

New York.

Brigadier Hunter.

Mrs. Alley.

Act.

Ordered that Brigadier Hunter and Mrs. Alley be acquainted, that the Board desire to speak with them on Tuesday morning next, in relation to a conveyance set aside by a New York Act passed in 1719.

June 19. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham. Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Brigadier Hunter.

Act.

State of dispute.

Mrs. Alley.

Brigadier Hunter attending, as he had been desired, in relation to an Act passed at New York in June, 1719, entituled, An Act for annulling and making void a fraudulent conveyance of Mary Davenport made by her, while she was sole by the name of Mary Miserol, to one James Brown, of certain lands, goods and chattels late belonging to John Miserol, her former husband, deceased, presented to the Board a state of the dispute depending between the two parties, in relation to the conveyance set aside by the abovesaid Act; which was read, And Mrs. Alley, (one of the parties), attending with Mr. Bennett, their Lordships, after some discourse with them thereupon, desired they would write to their correspondents at New York, for a more particular account of this affair. And their Lordships resolved in the meantime to lay this Act before His Majesty, either for his confirmation or disallowance, till they should have received such account from New York.

Virginia.

Major Dryadale.

Mr. Blair.

Colonel Spotswood's letters.

Passes, Mountains.

New Counties.

Burgesses' privileges.

Light-house.

Indians.

Piracies.

Letter to Major Drysdale.

Burgesses' salaries.

Major Drysdale, appointed Lieutenant Governor of Virginia, attending with Mr. Blair, one of the Council there, their Lordships had some discourse with them upon the several matters in Colonel Spotswood's letters, which their Lordships have not yet answered, particularly as to what Colonel Spotswood writes in relation to securing the passes over the mountains and erecting two new counties in Virginia; as to the priviledges the burgesses claim as their right; as to a light-house intended to be erected at Cape Henry; as to the five Nations of Indians; and as to the piracies committed by the Spaniards at St. Augustine. Upon which their Lordships ordered that the draught of a letter should be prepared to Major Drysdale. Their Lordships had also some further discourse with these gentlemen upon the manner of paying the burgesses' salaries, which Mr. Blair said had been done by the particular counties which sent them, by levies raised on tythables, by the poll, and by the money which arises by an Act, (now expired), for laying a duty on liquors and slaves.

Pennsylvania.

Letter to Sir William Keith.

Ordered that the draught of a letter be prepared to Sir William Keith, Bart., Deputy Governor of Pennsylvania, upon several letters received from him.

June 20. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Ashe, Mr. Plummer, Sir John Hobart.

New England.

Letter to Mr. Attorney General.

Attorney General.

Ordered that a letter be writ to the Attorney General, to hasten his opinion in relation to the appointment of an Attorney General in New England.

Trade.

Letter to Mr. Oxenford.

Foreigners.

Weighing goods.

And further ordered that a letter be writ to Mr. Oxenford, to desire him to enquire of the packers, porters and measurers, what the British and Swedish merchants pay for landing, weighing and measuring their goods here, and whether there is any difference between what foreigners and the English pay.

June 22. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer.

Carolina.

Letters and Papers.

Their Lordships took again into consideration the several letters and papers lately received from South Carolina, and from Mr. Lloyd, one of the agents for that province, and made a progress therein.

June 26. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Carolina.

Letter from General Nicholson.

Letter from Council and Assembly.

Agents' instructions.

A letter from General Nicholson, Governor of South Carolina, dated the 21st of March last, was read.

A letter from the Council and Assembly of Carolina, dated the 17th of March last, was read; as also Mr. Younge's and Mr. Lloyd's instructions as agents, upon the several matters they are to solicit here in England in relation to Carolina; whereupon ordered that they be acquainted that the Board desire to speak with them to-morrow morning.

Answer.

Ordered that the draught of an answer be prepared to General Nicholson's letters.

Letter to Mr. West.

Ordered that the following Acts, passed in Carolina in August, September and March last, be sent to Mr. West for his opinion thereupon in point of law, viz.:—
Acts.
An Act for a most joyful and just recognition of the immediate, lawful and undoubted succession of His most sacred Majesty King George to the crown of Great Britain, France and Ireland, of the province of South Carolina and all other His Majesty's dominions.
An Act for establishing the tranquillity of His Majesty's province of South Carolina.
An Act for confirming and continuing the several Acts, therein mentioned, and for collecting the arrears of taxes, and confirming judicial proceedings in the courts of law.
An Act for preventing, as much as may be, the spreading confirming judicial proceedings in the courts of law.
An Act for the speedy recovery of small debts.
An Act for the better settling and regulating the militia.
An Act for establishing a Court of Chancery in this His Majesty's province of South Carolina.
An Act for maintaining a watch and keeping good order in Charles Town.
An Act to alter the bounds of St. George's parish.
An Act against excessive usury.
An Act to impower the several commissioners of the high roads, private paths, bridges, creeks, causeways, and cleansing of water-passages in the province of South Carolina, to alter and lay out the same for the more direct and better conveniency of the inhabitants thereof.
An Act for the better regulation of the Indian trade, by appointing commissioners for that purpose, and to survey and supervise the garrisons and to settle the bounds of the Indians.
An Act for appointing agents to go to England to solicit the affairs of this province.
An Act to ascertain the manner and form of electing members to represent the inhabitants of this province in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing or being chosen members of the house.
An Act for establishing Precinct and County Courts.
An Act for ascertaining publick officers, fees, etc.
An Act for the vesting the fee simple of a certain plantation and house, commonly called the Governor's House, in the Honourable Robert Johnson, Esq.
An Act for erecting the settlement at Wineau in Craven County into a distinct parish from St. James's Santee in the said county.
An Act for repairing the causeway leading to Ashley River ferry, and the road from the south side of Ashley River to the bridge over the north east branch of Stonoe River, and for vesting the ferry in Captain Edmund Bellinger.

Letter from Mr. Carkesse.

Naval Officer's lists.

A letter from Mr. Carkesse, dated the 3rd of December, 1720, with lists of ships, which have entered and cleared in the province of South Carolina, for three years ending at Christmas, 1719, was read.

Virginia.

Captain Hyde.

Mr. Harris.

Light-house.

Colonel Spotswood.

Extract of Colonel Spotswood's Letter to Captain Hyde and Mr. Harris.

Captain Hyde, attending with Mr. Harris, acquainted the Board that being informed that their Lordships had under consideration the building of a light-house at Cape Henry in Virginia, recommended to them by Colonel Spotswood, and believing it might affect the trade and navigation of this kingdom, desired that they might have a copy of what Colonel Spotswood had writ upon that subject, and that they might be heard upon the same, before their Lordships came to any resolution thereon; whereupon their Lordships were pleased to order that a copy of that part of Colonel Spotswood's letter of 6th March, 1720–21, be sent to Captain Hyde and Mr. Harris.

Nova Scotia.

Losses.

Canso.

Colonel Armstrong's memorial.

A letter from Mr. Lowndes, secretary to the Lords of the Treasury, dated the 21st of May last, transmitting to the Board a memorial from Colonel Armstrong, concerning his losses at Canso, etc., was read; whereupon ordered that Colonel Armstrong be acquainted that the Board desire to speak with him on Wednesday morning next.

June 27. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Plummer.

Carolina.

Agents.

Mr. Shelton.

Instructions.

Extract.

Mr. Younge and Mr. Lloyd, agents of Carolina, attending, as also Mr. Shelton, secretary to the Lords Proprietors of that province, the agents' instructions, (mentioned in yesterday's Minutes), were again read; and their Lordships, after some discourse with them thereupon, desired Mr. Younge and Mr. Lloyd to extract out of the several matters recommended to them by their instructions, what immediately related to this Board.

Mr. Shelton.

Acts.

Memorial.

Mr. Shelton then desired that the Lords Proprietors of Carolina might have an opportunity of being heard, before the Acts lately passed in that province be laid before His Majesty for his royal confirmation; upon which their Lordships were pleased to order that he would give in a memorial of what it was he desired in behalf of the Lords Proprietors.

June 28. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Plummer.

Bermuda.

Letter from Colonel Hope.

A letter from Colonel Hope, Lieutenant Governor of Bermuda, to the secretary, dated the 20th of May last, was read, and the papers, therein referred to, were laid before the Board, viz.:—
Papers.
Minutes of Council, from the 21st of June, 1720, to the 3rd of April, 1722.
Minutes of Assembly, from the 3rd of November, 1718, to the 10th of November, 1721.

Letter to Colonel Hope.

Whereupon ordered that an answer be made to Colonel Hope's said letter.

Carolina.

Letter to Mr. West.

Ordered that the following Acts and Ordinances passed in Carolina, in August, September and March last, be sent to Mr. West, for his opinion thereupon in point of law, viz.:—
Acts.
An Act for appointing a publick treasurer and other publick officers.
An Act for raising £ 17,248 0s. 6d. by a tax on lands and slaves, for defraying the charge of the several forts and garrisons, discharging the publick debts, and providing for the other emergencies and contingent charges of the Government.
An Act for granting to His Majesty a duty and imposition on negroes, liquors and other goods and merchandizes imported into and exported out of this province.
Ordinances.
An ordinance for settling the jury lists.
An ordinance of the General Assembly. for appointing a committee for revising the laws.
An ordinance of the General Assembly, appointing commissioners for defraying the charges of Indians, etc.
An ordinance of the General Assembly, appointing the committee of correspondence, etc.
An ordinance to impower and direct the commissioners of the tax to pay the several sums therein mentioned.

Antigua.

Memorial from Mr. Marsh.

Act.

Brown and Elliott.

Agreement for building a church.

A memorial from Mr. Marsh, desiring the Board to appoint a day for hearing what he may have to offer, in relation to the Act passed at Antego in 1715–16, intitled, An Act to indemnify Anthony Brown and John Elliot of Antego, gentlemen, from a certain bond and articles of agreement by them entered into with George Pullen, carpenter, for the building of a church, was read, and ordered that he shall have notice when the Board will go upon that matter.

Trade.

Letter from Mr. Tigh.

Elsinore.

Papers.

A letter from Mr. Tigh, Consul at Elsinore, dated the 2nd of January last, was read, and the papers, therein referred to, laid before the Board, viz.:—
Papers.
List of all ships passing the Sound, for the Baltic, in 1721.
List of all ships passing the Sound, from the Baltic, in 1721.

Letter from Mr. Tigh.

Answer.

Another letter from Mr. Tigh, dated the 28th of March last, was read.

Ordered that the draught of an answer be prepared to Mr. Tigh's said letters.