Journal, April 1782: Volume 89

Journal, April 1782

fo. 98.

Friday, April 12th. Present:—Lord Grantham, Mr. Stuart, Sir A. Ferguson, Mr. Sloane, Mr. Storer, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Newfoundland.

Read a letter from the Earl of Shelburne, one of his Majesty's principal Secretaries of State, dated April 9th, 1782, signifying his Majesty's commands, that their Lordships do prepare and lay before his Majesty, draughts of a Commission and instructions for Vice-Admiral John Campbell, whom his Majesty had been pleased to appoint Governor of Newfoundland.

fo. 99.

The Secretary having laid before the Board, the draught of a Commission for Governor Campbell, the same being approved of, a representation to his Majesty thereupon was signed.

Miscellanies.

Read a letter from Henry Strachey, esquire, Secretary to the Lords of the Treasury, to Mr. Cumberland, dated April 6th, 1782, desiring an account of the total expence and charge of the office of the Board of Trade for the last seven years preceding the 5th day of January, 1782, distinguishing each year.

Ordered, that the said account of expence be prepared accordingly.

Leeward Islands.

Virgin Islands.

Nevis.

Draughts of representations to his Majesty, upon the Virgin Islands, Quieting bill, and the Case of Judge Dasent, having been prepared pursuant to order of the last Board, were approved of, transcribed and signed.

fo. 100.

Nevis.

Read a report of Richard Jackson, esquire, dated December 11th, 1781, upon an Act, appointing John Stanley, esquire, agent for the Island of Nevis.

Barbados.

The Secretary laid before the Board a note he had received from Mr. Estwick, agent for the Assembly of Barbados, dated April 9th, 1782, informing him, that he supposed he should have no further occasion to trouble the Board on the subject of Governor Cuninghame's case, and presuming that the Board will have other information of this than from him.

Read a letter from Mr. Estwick, to Mr. Cumberland, dated April 11th, 1782, assigning his reasons for not giving the Board any further trouble on the charges brought by the Assembly of Barbados against Governor Cuninghame.

fo. 101.

Ordered, that the Secretary do write to Mr. Estwick, and inform him, that the Board having received his Majesty's commands to take into consideration the several charges and complaints preferred against Major General James Cuninghame, Governor of Barbados, by the Assembly of that Island, will, in obedience thereunto, meet to-morrow at eleven in the forenoon for that purpose, that being the day agreed on by the respective parties; and that their Lordships will be ready to hear what Mr. Estwick, as agent for the Assembly of Barbados, may have to offer by his Counsel, or otherwise, in support of the said charges.

A letter pursuant to the above order having been prepared, was approved of by their Lordships, and transmitted accordingly.

fo. 102.

Saturday, April 13th. Present:—Lord Grantham, Mr. Stuart, Sir A. Ferguson, Mr. Sloane, Mr. Storer, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Barbados.

fo. 103.

The day being appointed for hearing the charges preferred by the Assembly of Barbados against his Majesty's Governor of the Island, Major General James Cuninghame, the several parties attending, were called in; when Mr. Larpent, on behalf of the said Governor, appeared with his Counsel, and Mr. Estwick, on the part of the complainants, without Counsel; their Lordships, having caused the letter from Lord George Germain, of the 24th February, 1781, to the Board, to be read, signifying the king's pleasure for their taking into consideration the petition of the said Assembly to his Majesty, with other papers therein enumerated; the Board informed Mr. Estwick, that they were then ready to proceed, to hear the matters in charge against Governor Cuninghame; whereupon Mr. Estwick replied, that agreeably to what he had signified by note to the Secretary, it was not his present intention to be heard by his Counsel or otherwise, on the case before them; that he had stated his reasons in writing to the Secretary for his present proceeding, and had no objections to offer on behalf of his constituents, if the Board thought fit to report their opinion from the papers on both sides, without further evidence or discussion on his part.

fo. 104.

The Counsel on the part of the respondent, hereupon observed; that in ordinary cases, when a prosecutor at the time appointed for trial, declines to support his charges by evidence or by his Counsel, he is considered as having abandoned them, and the defendant becomes intitled to an acquittal; that in the present instance, where the Board was acting under an immediate command of the Crown, and such an acquittal could not take place, the inconvenience and delay which Mr. Estwick's proceeding was likely to create as to the issue of the question, would of course be attended with a degree of hardship on the part of the respondent; and the said Counsel further observed, that not knowing what part of the charges the appellant might attempt to substantiate by evidence or the arguments of his Counsel, it became impossible for them to offer any answer to the consideration of the Board, and therefore declined pleading to the said charges under such circumstances.

fo. 105.

The several parties thereupon withdrawing, the Board resolved, to resume the consideration of this question, at their next meeting on Monday next.

fo. 106.

Monday, April 15th. Present:—Lord Grantham, Mr. Stuart, Sir A. Ferguson, Mr. Sloane, Mr. Storer, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Barbados.

Their Lordships, agreeable to their resolution of the last meeting, having resumed the consideration of the proceedings then had, and of the matter in reference to them by his Majesty's command, respecting the complaints preferred against Governor Cuninghame by the Assembly of Barbados; after some time spent in deliberation thereupon, gave directions, for preparing the draught of an humble representation to his Majesty, and agreed to meet on the 16th instant next ensuing.

fo. 107.

Tuesday, April 16th. Present:—Lord Grantham, Mr. Stuart, Sir A. Ferguson, Mr. Sloane, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Barbados.

The draught of a representation to the King, upon the subject of the complaints preferred against Major General James Cuninghame, Governor of Barbados, having been prepared, agreeable to the directions of the last Board, with the draught of a letter to the Earl of Shelburne, one of his Majesty's principal Secretaries of State, requesting him to lay the same before his Majesty, were approved of, transcribed and signed.

fo. 108.

Newfoundland.

Ordered, that the draught of instructions for Governor Campbell be prepared, and laid before the Board with all convenient dispatch.

fo. 109.

Friday, April 19th. Present:—Lord Grantham, Mr. Gibbon, Sir A. Ferguson, Mr. Sloane, Mr. Talbot.

The minutes of the last Board were read, approved and signed.

Newfoundland.

A draught of instructions for Governor Campbell, having been prepared pursuant to order of the last Board, was approved of by their Lordships, and a representation to his Majesty thereupon was signed.

West Florida.

Ordered, that the Secretary do write to Albany Wallis, esquire, solicitor on behalf of the complainants against Governor Chester, desiring to know, whether he will appear in support of the complaints by his Counsel or otherwise, on the 1st of May next, being the day fixed by their Lordships for hearing the said complaints.

fo. 110.

Miscellanies.

The Secretary laid before the Board, an account of the total expence and charge of this office for the last seven years preceding the 5th of January, 1782, distinguishing each year; in pursuance of their Lordships' order directed by the minutes of the 12th instant, and the same being approved of, it was,

Ordered, that the Secretary do write to Mr. Strachey, and inclose the said account to him, for the information of the Lords of his Majesty's Treasury, in conformity to his letter of the 6th instant.

Barbados.

Read a letter from Mr. Larpent, to the Secretary, of this days date, requesting a copy of the Board's report, upon the subject of the charges brought by the Assembly of Barbados against Governor Cuninghame.

Ordered, that the Secretary do furnish Mr. Larpent with a copy of the said report, in compliance with the above requisition.

fo. 111.

Read a letter from Mr. Joshua Steele, to the Board, dated Barbados, 28th February, 1782, enclosing copies of a new Institution in that Island, and hoping for the favor and protection of their Lordships in the undertaking, entitled, "Institution and first proceedings of the Society for the encouragement of Arts, Manufactures and Commerce, established in Barbados, 1781."

fo. 112.

Friday, April 26th. Present:—Lord Grantham, Mr. Stuart, Mr. Sloane, Mr. Gibbon, Sir A. Ferguson.

The minutes of the last Board were read, approved and signed.

West Florida.

Miscellanies.

Barbados.

The Secretary informed the Board, that he had wrote to Mr. Wallis and Mr. Strachey, and had furnished Mr. Larpent with a copy of their Lordships report on the case of Governor Cuninghame, pursuant to order of the last Board.

Georgia.

East Florida.

Nova Scotia.

St. John's.

fo. 113.

West Florida.

Read a letter from Richard Burke, esquire, Secretary to the Lords of the Treasury, to Mr. Cumberland, dated April 23rd, 1782, inclosing copies of the estimates for the civil establishments of Georgia, East Florida, Nova Scotia, and the Island of St. John, in America, for the year 1782, and signifying their Lordships' approbation thereof; and desiring that they may be laid before Parliament; also referring the cases of Governor Chester, and the other officers of the Province of West Florida to this Board, for their opinion on the merits of the respective claims, and to acquaint their Lordships of the Treasury what has been done in similar cases, viz:—
Memorial of Peter Chester, esquire, late Governor of the Province of West Florida, to the Lords of the Treasury, dated April 12th, 1782.
Memorial of said Governor to Lord George Germain, dated January 31st, 1782.
Memorial of ditto, to the Lords of the Treasury, dated April 1st, 1782.
Memorial of Elias Durnford, esquire, late Lieutenant Governor of his Majesty's Province of West Florida, to Lord George Germain, without date.
State of the loss sustained by Lieutenant Governor Durnford, by the capture of the Province of West Florida by Spain.

fo. 114.

Read a memorial of Governor Chester, to the Board, stating his losses by the capture of West Florida, without date.

Ordered, that the Secretary do write to Mr. Secretary Burke, in answer to his letter of the 23rd instant, and acquaint him, for the information of the Lords of the Treasury, with the opinion of the Board on the merits of the respective claims of Governor Chester and the other officers of the Province of West Florida; and inform him, in answer to his enquiry as to what has been done in similar cases, that it does not come officially within the knowledge of this Board to ascertain the point in question; which they conceive will be best answered, by referring to the past proceedings of Treasury in the similar cases of Governor Shirley and others.

fo. 115.

Barbados.

Read a letter from Governor Cuninghame, to the Board, dated February 26th, 1782, containing complaints of the Naval Officer's conduct, and inclosing,
Copy of a letter from Mr. Butcher, Naval Officer of Barbados, to his deputy, dated Walthamstow, October 6th, 1781, with a year's state of the Naval Office in Barbados.

Read a letter from Governor Cuninghame, to the Board, dated Barbados, March 8th, 1782, inclosing,
Minutes of Council of Barbados, from May 15th to October 2nd, 1781.

Read a report of Richard Jackson, esquire, without date, upon six Acts passed in Barbados in 1772, 1776, 1777 and 1780.

Africa.

Read a letter from Mr. Rutherford, Secretary to the African Committee, to Mr. Cumberland, dated April 18th, 1782, inclosing,
fo. 116.
Copy of the annual account of the African Committee for the year 1780, as passed by the Cursitor Baron, distinguishing every article of expence under its proper title; with their orders and regulations for the same period.

Grenada.

Tobago.

Read a report of Mr. Jackson's, dated October 22nd, 1781, upon an Act passed in Tobago, in April, 1771.

Jamaica.

Read a report of Mr. Jackson's, without date, upon an Act passed in Jamaica, in December, 1777, for vesting in trustees the lands of John Scott, esquire, with several observations on the said Act.

Read a report of Mr. Jackson's, without date, on an Act passed in Jamaica in the year 1777.

fo. 117.

Read a report of Richard Jackson, esquire, dated April 2nd, 1782, upon an Act passed in Jamaica in December, 1777.