At a Meeting of His Maj. Commisrs for Trade and Plantations.
Ordered that the Secretary prepare the Draught of a letter to Gabriel Johnston Esqre Govr of North Carolina desiring him to send over by the first opportunity the several Laws passed therein and mentioned in his letter of 10 April 1739.
Read the draught of a letter to the Govr of North Carolina mentioned in the Minutes of Friday last and the same being agreed to was ordered to be transcribed—and was signed Janry 17th
Ordered that a letter be sent to Mr McCulloh Agent for North Carolina desiring him to lay before the Board a state of the Council of that Province.
Mr McCulloh Agent for North Carolina delivered in a paper entitled a short state of the paper currency of North Carolina which was accordingly read.
The Secretary laid before the Board several public papers lately received from North Carolina transmitted by Governor Johnston as promised in his letter (dated April 10th 1739 and read 5th of July following—Viz:
Minutes of Council from June 28th 1738 to March 6th 1738/9
Eleven Acts of Assembly passed in 1738. Ordered that the said Acts be sent to Mr Fane for his opinion thereupon.
Read a letter from Mr Johnston, Govr of North Carolina to the Board dated at Cape Fear Janry 28. 1739/40 containing his observations on the Acts lately passed in that Province and particularly upon the Quit rent law.
Their Lordships took into consideration the Quit rent law of North Carolina and Mr Fane attending had some discourse with him upon the subject matter of the said law and at the same time desired he would give them his thoughts thereupon as soon as conveniently may be after the holidays which he promised to do accordingly
Mr McCulloh attending delivered in a paper at the Board entitled “General Remarks on such clauses of the Quit rent and Cultivation Acts passed in North Carolina in 1738 as are conceived to be inconsistent with his Maj. instructions the Constitution and the laws of England and the rights of His Maj. subjects in America” the Board took the same into consideration and after some time spent therein deferred the further consideration of same till tomorrow.
Mr McCulloh attending the paper of remarks mentioned in yesterday's minutes being again heard the Board after some discourse with him on that subject took the same again into consideration and made some progress therein referring the further consideration thereof to Tuesday next.
The Board likewise had again under consideration the paper of remarks on some clauses in two Acts passed at North Carolina in 1738 mentionedth inst. and ordered the Draught of a Report to be prepared.
Mr McCulloh attending the Board had some further discourse with him on the subject of that part of his paper of remarks which relates to the Quit rent Act & taking into consideration the Draught of a Report on that and the other Act mentioned in yesterday's minutes made some progress therein.
Read an account of the state of the paper currency of North Carolina from the first emission of any bills of credit to the year 1740. N B. This came under a cover addressed to the Board but without any letter
Ordered that the Secretary write a letter to the Govr of North Carolina acquainting him that the above paper had come to the Board without being signed or any letter transmitting it and desiring him to send an authentic account.
Mr McCulloh attending the Board had some further discourse with him on the subject of the Quit rent law &c. and the Secretary was ordered to write to some of the Merchants trading to North Carolina desiring their attendance at the Board on Thursday morning next.
Read a letter from Mr Johnston Govr of North Carolina to the Board dated at Newbern March 3rd 1739/40 inclosing an account of the state of the paper currency of that Province from the first emission of any bills of credit to the year 1740 and recommending some persons to be of the Council there
Ordered that the Draught of a letter be prepared in answer to this & the other letter recd from him since the last to him from the Board.
Mr McCulloh attending with several Merchants (whose names are in the Margin Mr Robt Carey Mr Thos. Hyam Mr Jno Thomlinson. Mr Hen. Heylyn. Mr Jno Hawkins Mr Hen. Howson. Mr Thos. Smith Mr David Cave. Capt. Aaron Mollish Mr Wm Vaughan) trading to No Carolina as desired by the Minutes of the 12th inst. the Board had some discourse with them on the subject of the Quit rent law &c. passed in that Province and after hearing their objections to the same the Board ordered that the Draught of a Representation to their Excellencies the Lords Justices be prepared advising the disapprobation of the said Act.
Ordered likewise that the Draught of a Representation to their Excellencies the Lords Justices be prepared advising the disapprobation of the Cultivation Act passed in the said Province of No Carolina.
The Board had under consideration the draught of a Representation to their Excelcs the Lds. Justices on the subject of the Quit rent law ordered to be prepared by the Minutes of Thursday last & made some progress therein.
The draught of a letter to Mr Johnston Govr of No. Carolina having been prepared as orderd by the Minutes of the 18th inst. the same was agreed to and signed.
The draught of a Representation to the Lords Justices ordered by the Minutes of the 19th inst. advising the disapprobation of the Quit rent law of No. Carolina Ao 1738 was agreed to & signed.
The draught of a representation to the Lds. Justices ordered by the Minutes of the 19th of last month advising the repeal of the cultivation Act passed at North Carolina in 1738 was agreed to & signed
Read a Memorial from four gentlemen of the Council in North Carolina to the Board dated at Cape Fear River July 3rd 1740 complaining of Mr Smith the eldest Councillor and three other members of that Board who join in supporting him in the exercise of a power whereby the rights of the Council there have been infringed.
Ordered that the said Memorial lye by to be considered when the Minutes of Council & representation to which it refers shall arrive.
The Secretary laid before the Board the following copies of Orders of Council transmitted from the Council Office the 22d Sept. last the Titles whereof were read, Vizt
Copy of an Order in Council dated the 14th August 1740 directing in what manner Grants of land shall pass in South & North Carolina and directing the Governors to countenance and protect Mr McCulloh in his office of Comptroller of the Quit rent there
Copy of an Order in Council dated the 12 June 1739 approving a Representation of this Board proposing Jas. Murray Esq. to supply a vacancy in the Council of North Carolina by the death of Edmund Porter Esqr.
Copy of an Order in Council dated 21 July 1740 approving a Representation of this Board proposing the repeal of an Act passed at North Carolina in 1738 for providing His Majesty a rent role for securing His Majesty's Quit rents for the remission of arrears of Quit rents &c.
The Secretary laid before the Board four Acts passed in No. Carolina in Feby 1739/40 (referred to in Govr Johnston's letter of the third of March 1739/40 and read 18 June last) the titles of which acts were read
Ordered that the said Acts be sent to Mr Fane his Maj. Council at law for his opinion thereupon in point of law
At the same time the Secretary laid before the Board likewise the Journal of the Assembly of No. Carolina beginning June 5th and ending Sept. 22nd 1739.