Journal, August 1734: Journal Book L.L

Journal, August 1734

August 1. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

North Carolina.

Letter from Governor, and papers.

The following letters from Captain Burrington, Governor of North Carolina, were read, and the papers, therein referred to, were laid before the Board, viz:—

Letter from Captain Burrington, dated February 20th, 1731–2, with
Minutes of Council, of the 26th July, 1731, to 22nd January, 1731–2.

Letter from Captain Burrington to the Secretary, dated 27th May, 1732.

Letter from Captain Burrington to the Secretary, dated November 2nd, 1732.

Letter from Captain Burrington, dated November 14th, 1732.

Letter from him, dated May 19th, 1733, containing a state of that government.

Letter from Captain Burrington, dated October 5th, 1733.

Letter from Captain Burrington, dated November 12th, 1733, giving an account of the death of one of the Council.

And then was read, also

Complaint against the Governor's making new precints, and granting land.

A letter from Mr. Rice and Mr. Ashe, two of the Council of North Carolina, dated April 20th, 1733, relating to Governor Burrington's proceeding to appoint several new precincts, and thereby making an alteration in the constitution of the legislature, with their objections to it, the Governor's answer, and their reply.

Letter from Mr. Rice and Mr. Ashe, dated 20th April, 1733, with a copy of their remonstrance to Governor Burrington, his answer and their reply, all relating to the issuing of warrants for lands in that province.
The case of Mr. Moseley concerning warrants for lands in North Carolina.

The objections of Mr. Rice and Mr. Ashe against Mr. Owen's being admitted of the Council of North Carolina, together with their affidavit of Governor Burrington's refusing to suffer their objections to be entered.
Deposition of Mr. Montgomerie, Attorney General of North Carolina, relating to several abuses he has suffered from Captain Burrington.

Porter's complaint against the Governor for suspending him from the Council.

Letter from Mr. Porter, one of the Council in North Carolina, to the Secretary, dated August 15th, 1733, relating to his suspension from the Council and office of Judge of the Admiralty Court there by Captain Burrington.
List of papers received with Mr. Porter's letter of 15th August, 1733.

Three depositions of Mr. Moseley, Mr. Montgomerie and Mr. Ashe, relating to the misbehaviour of Captain Burrington, and to the dispute between him and Mr. Porter.
Narrative upon oath of Edmund Porter, Esq., relating to his complaint against Captain Burrington.
A certificate from Mr. Rice, Secretary, relating to the denial of Mr. Conner, Attorney, to give his testimony against Mr. Burrington, and three other papers, relating to the dispute between Mr. Burrington and Mr. Porter.

Ordered that Mr. Johnstone, the present Governor of North Carolina, be desired to attend the Board on Tuesday morning next.

August 6. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

North Carolina.

Burrington's letters and papers considered.

Mr. Johnstone attending, as he had been desired, the Board took again into consideration the several letters and papers from Captain Burrington, read at the last meeting, and gave Mr. Johnstone directions upon such parts of them, as were not answered.

Trade.

East India trade considered.

The Board then took into consideration the draught of a report upon the accounts of the trade carried on by the East India Company for nine years past, ending at Michaelmas, 1733, referred to the Board by several orders of Council, and made a progress therein.

August 7. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

South Carolina.

State of the province, and Appropriation Act, considered and deferred.

Mr. Oglethorpe, Mr. Furie and Mr. Young, agents for South Carolina, Mr. Symmond, in behalf of Colonel Purry, Mr. Hume, late Speaker of the Assembly, Mr. Wragg and Mr. Hulet, merchants trading thereto, attending, as they had been desired, the Board took again into consideration the two Orders, relating to the state of that province, and to the Appropriation Act, passed there in 1731, read the 30th of the last month, and desired the merchants would inform the Board what they had to offer thereupon; but they desiring some further time to consider thereof, the Board were pleased to appoint this day sennight for that purpose [fos. 128, 139].

August 8. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Carolina.

Proprietors' grant to the county Albemarle not authentic.

Mr. Shelton, Secretary to the late Lords Proprietors of Carolina, attending, the Board desired he would inform them what he knew concerning the deed of grant from the said Proprietors to the county of Albemarle in North Carolina, 1668; and he said, that the Lords Proprietors would never consent to that deed, nor had ever signed it, and that they had constantly given instructions to their Governors directly against it; that they had often written to their Governors not to grant any land under that pretended deed, which, supposing it had been signed, could never be looked upon any otherwise than as a temporary letter of attorney from the said Lords Proprietors to their then Governor.

Plantations General.

Lords' addresses, relating to the state of the islands and continent, considered.

The Board then taking into consideration the two letters from the Duke of Newcastle, read the 11th of April last, with two addresses from the House of Lords, for a state of the islands, with regard to their trade, strength and fortifications, and to know what proposals had been offered to induce the planters in America to apply themselves to the raising naval stores or other products, that do not interfere with the products of this kingdom; directions were given for preparing the draughts of reports thereupon.

New York.

A letter from Colonel Cosby, Governor of New York, to the Board, dated the 19th of June, 1734, was read, and the papers, therein referred to, were laid before the Board, viz:—
Letter from the Governor, and public papers.
The Governor's speech to the Assembly, in April, 1734, with theirs and the merchants' addresses in answer thereto.
Copy of a letter from the Mayor of Albany, inclosing a copy of an Indian deed of trust, dated November 4th, 1733.
Copy of Chief Justice Alwood and Chief Justice Morris's commissions, dated in 1701 and 1729.
Mr. Morris's argument and opinion in Van Dam's plea.
The Mohawk Sachem's speech to Colonel Cosby, the 1st of April, 1734, and Colonel Cosby's answer thereunto.
Minutes of 1702 in the Court of Exchequer at New York.

August 13. Present:—Mr. Docminique, Mr. Pelham.

Four letters from the Governor, and papers.

The following four letters from Colonel Cosby, Governor of New York, were read, and the papers, therein referred to, were laid before the Board, viz:—

Letter from Colonel Cosby, dated September the 18th, 1732, signifying his arrival there.

Letter from him, dated December 2nd, 1732, inclosing
Naval officer's accounts, from Michaelmas, 1731, to Lady Day, 1732.

Letter from Colonel Cosby, dated 29th August, 1733, containing his remarks on several Acts, passed at New York in 1733.

Letter from him to the Secretary, dated 29th August, 1733, with public papers.
Minutes of Council, from 30th September, 1731, to the 14th of October, 1732.
23 Acts, passed at New York in 1733.
Naval officer's lists of ships entered and cleared, from Lady Day to Midsummer, 1733.

Acts sent to Mr. Fane.

Ordered that the above-mentioned Acts, together with five passed there in 1732, be sent to Mr. Fane, for his opinion thereupon in point of law.

August 14. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

South Carolina.

Case of taking up land by old grants.

Mr. Attorney and Mr. Solicitor General's opinion on a case and question, relating to the taking up of land in South Carolina, by virtue of old grants from the late Lords Proprietors, dated 12th August, 1734, with regard chiefly to the township of Purrysburgh, was read; and directions were given for preparing the draught of a report to the Lords of the Committee, upon Colonel Purry's petition, referred to the Board by an Order of the Committee, dated the 18th of April, 1734, and read the 20th of June last [fos. 126, 142].

Appropriation Act, and paper currenty, considered, and postponed.

Mr. Furie and Mr. Young, agents for South Carolina, attending, as they had been desired, as also Mr. Wragg, Mr. Hume, Mr. Symmond, Mr. Sharpe and Mr. Wood, their Lordships took again into consideration the Order of the Committee of Council, of the 23rd of the last month, referring to the Board a remonstrance from the Governor, Council and Assembly of South Carolina, and a petition of Colonel Purry in behalf of the Appropriation Act; as also a report of this Board against the same, mentioned in the Minutes of the 7th instant; and the Secretary laying before the Board a letter he had received from Mr. Wragg and Mr. Wood, dated the 12th instant, relating to the paper currency in South Carolina, the merchants were desired to inform the Board what they had to offer upon this subject; but they requesting a further day, the Board agreed thereto, and ordered the draught of a representation to be prepared thereon, and that the Governor be wrote to on the same subject [fos. 133, 175].

August 15. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

New York.

Letters, and papers, from the Governor.

The Board taking again into consideration the letters from Colonel Cosby, mentioned in the Minutes of the 8th and 13th instant, directions were given for preparing the draught of an answer thereto.

Letters from Mr. Morris.

And then was read the following letters from Mr. Morris, late Chief Justice at New York, and the papers, therein referred to, were laid before the Board, viz:—

Letter from him, dated August 27th, 1733.

Letter from him, dated October 4th, 1733, complaining of Governor Cosby for removing him from his place of Chief Justice, etc.
Resolves of the Assembly of New Jersey on the 10th August, 1733, about disposing of £700 in presents to the Governor on conditions.
Letters, and public papers, from Mr. Morris.
Arguments of the Counsel for the Defendant in support of a plea to the jurisdiction pleaded to a bill filed in a course of equity, at the suit of the Attorney General, complainant, against Mr. Rip Van Dam, defendant, in the Supreme Court of New York.
The opinion and argument of the Chief Justice of New York, concerning the jurisdiction of the Supreme Court there, to determine causes in a course of equity.

Letter from Mr. Morris, dated December 15th, 1733, with
Heads of articles of complaint to be exhibited by Mr. Rip Van Dam against Colonel Cosby, Governor of New York.
Printed copies of several papers and proceedings of Rip Van Dam, Esq., late President of the Council of New York, against Colonel Cosby, Governor of that province.
Two New York weekly journals of the 10th and 17th of December, 1733, containing, amongst others, some reflections on the Governor.

August 20th. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

South Carolina.

Report on Purry's petition, and the letter to the Governor, agreed.

The draught of a representation to the Lords of the Committee upon Colonel Purry's petition, (referred to the Board the 18th of April last), ordered to be prepared the 14th instant, was agreed and signed [fos. 138, 143].

The draught of a letter to Colonel Johnson, Governor of South Carolina, ordered to be prepared at the same time, and upon the same subject.

August 21. Present:—Mr. Pelham, Mr. Bladen.

Purry's report, and Governor's letter, reconsidered.

The draught of a letter from the Secretary to Colonel Johnson, agreed at the last meeting, was reconsidered, and ordered to be transcribed [fos. 142, 150].

And the draught of a report to the Lords of the Committee of Council, upon Colonel Purry's petition, was again considered, and ordered to be transcribed.

New York.

Letter to Colonel Cosby, agreed, and reasons for removing the Chief Justice read.

The draught of a letter to Colonel Cosby, Governor of New York, being laid before the Board, was agreed and ordered to be transcribed.

The Secretary having received from Mr. Guerin, agent to Colonel Cosby, his reasons at large for removing Mr. Morris from the place of Chief Justice of New York, the same were read.

August 22. Present:—Mr. Pelham, Mr. Bladen.

New York.

Act considered.

Mr. Fane's report upon an Act, passed at New York in November, 1733, to repeal part of a clause in the Act therein mentioned, read the 5th of June last, was again considered; and the said Act being read, directions were given for preparing the draught of a representation for confirming the same.

Massachusetts.

Governor Belcher's Act for £3000 to be allowed.

Order in Council, dated the 8th instant, referring to this Board the memorial of Jonathan Belcher, junior, in behalf of his father, the present Governor of the Massachusetts Bay, praying leave to give his assent to a bill passed there in June last, for granting him the sum of £3000 for his support, etc., was read; and the Board, taking the same into consideration, as likewise the said bill, gave directions for preparing the draught of a report in favour thereof.

New York.

Letter to Governor, signed.

The letter to Colonel Cosby, agreed yesterday, was signed.

Virginia.

Pennsylvania.

Gordon's bond sent to the Remembrancer's office.

A letter from Major Gooch, Lieut. Governor of Virginia, dated the 14th of March, 1733–4, transmitting a bond from Mr. Gordon, Deputy Governor of Pennsylvania, for his due observation of the Acts of Trade in that province, was read; ordered that a copy of the said bond be kept in the office, and that the original be sent to the Remembrancer of His Majesty's Exchequer.

August 27. Present:—Mr. Pelham, Mr. Bladen.

Sugar Islands.

Letter to Mr. Oxenford for accounts of the trade to the islands.

Ordered that a letter be sent to Mr. Oxenford, Assistant Inspector General of the Customs, for an account of the amount of the imports and exports to and from England and Jamaica, Barbadoes, Leeward Islands, Bahamas and Bermudas, from Christmas, 1728, to Christmas, 1732 [fo. 184].

New York.

Report on an Act, agreed.

The draught of a representation for confirming an Act, passed at New York, ordered to be prepared at the last meeting, was agreed, as also

Trade.

Report on the East India trade, agreed.

The draught of a representation upon the East India Company's accounts of exports, mentioned in the Minutes of the 6th instant [fos. 132, 148].

August 28. Present:—Mr. Pelham, Mr. Bladen.

Maryland.

Pennsylvania.

Hearing on Lord Baltimore's petition deferred to the 18th of September.

An Order in Council of the 8th of August, 1734, referring to this Board the petition of Charles, Lord Baltimore, Proprietor of Maryland, praying for a further charter or letters patent to confirm to him and his heirs, etc., the whole peninsula, contained within the circuits of the charter granted by King Charles the First, to the petitioner's ancestor, notwithstanding the words Hactenus inculta, was read; and Mr. Jennings attending, in behalf of the Lord Baltimore, and desiring the Board would please to appoint a day for taking the same into consideration, the Board appointed Wednesday the 18th of the next month, and ordered that Mr. Paris, in behalf of the Proprietors of Pennsylvania, should have notice to attend at the same time, and that he should have a copy of the said petition [fo. 164].

New York.

Report, to confirm an Act, signed.

Representation for confirming an Act, passed at New York in 1733, to repeal part of a clause in the Act therein, agreed yesterday, was signed.

South Carolina.

Rutherford's petition read.

A petition of Mr. Rutherford for the Board's directions to the Surveyor General of South Carolina to run out 12,000 acres of land in that province, which he is entitled to by purchase from Mr. Lowndes, was read, and Mr. Rutherford was ordered to attend the Board to-morrow morning [vide Journal of 1735].

Trade.

Report, on the East India trade, signed.

A representation upon several Orders in Council, referring to this Board the East India Company's accounts of exports, from Michaelmas, 1724, to Michaelmas, 1733, agreed yesterday, was signed.

South Carolina.

Draughts of Acts to collect quit rents to be considered.

The Secretary then laid before the Board two draughts of an Act, proposed to be passed in South Carolina, for settling and collecting His Majesty's quit rents in that province; one approved by the Attorney, and the other by the Solicitor General, and their Lordships agreed to consider further thereof.

August 29. Present:—Mr. Pelham, Mr. Bladen.

Quit rent bills considered.

The Board, taking again into consideration the two draughts of the quit rent law, mentioned in yesterday's Minutes, made a progress therein.

Massachusetts.

Report, in favour of Governor Belcher's grant for £3000, signed.

The representation proposing to His Majesty to allow Mr. Belcher, Governor of the Massachusetts Bay, to give his assent to the bill, passed there in June last, for granting him the sum of £3000 for his support etc., ordered to be prepared the 22nd instant, was signed.

South Carolina.

Minister for Purrysburgh, to have a glebe of 200 acres of land.

Mr. Purry attending, presented to the Board a letter from his father, and desired the Board would please to consider of some maintenance for a minister for Purrysburgh; upon which their Lordships agreed to propose that 200 acres of land should be allotted as a perpetual glebe for the minister of that township; and gave directions for altering the report upon Mr. Purry's petition, mentioned in the Minutes of 21st instant, accordingly [fos. 143, 151].